Los Angeles Municipal Code Art. 11 Establishment of New Positions and Employment of Personnel

Section

• 4.131 Requests for New Positions.

• 4.132 Authority to Fill Vacated Positions.

• 4.133 Employment of Personnel by Council Resolution, Subject to Veto Power of Mayor.

(a) Requests for creation of new or additional positions shall be directed in triplicate by the appointing authority to the City Council. Such requests shall describe the position or positions desired, including the duties, responsibilities and pay range considered appropriate; and shall fully justify the necessity therefor.

(b) Such request shall be filed with the City Clerk and shall thereupon automatically stand referred to the Personnel Committee of the City Council. Upon such filing, the Clerk shall transmit the request to the Director of the Office of Administrative and Research Services and a copy thereof to the General Manager of the Personnel Department. The Director of the Office of Administrative and Research Services shall make a report and recommendation thereon to the Personnel Committee for the guidance of the Council, such recommendation to include, but not be limited to, the findings of the Director of the Office of Administrative and Research Services as to the necessity for such position or positions. Whenever the report of the Director of the Office of Administrative and Research Services recommends the creation of any new or additional position in the classified civil service, the Director shall transmit to the City Council concurrently with the Director’s report a report from the General Manager of the Personnel Department to the City Council indicating what changes, if any, in the classification plan will be required and what recommendations with reference thereto the said General Manager proposes to make to the Board of Civil Service Commissioners in case such recommended position or positions are created.

SECTION HISTORY

Based on Ord. No. 89,100.

Amended by: Ord. No. 90,377; Subsec. (a), (b), Ord. No. 148,663, Eff. 7-12-76, Oper. 7-4-76; Ord. No. 150,582, Eff. 3-24-78, Oper. 4-1-78; Subsec. (b), Ord. No. 164,741, Eff. 5-27-89, Oper. 7-1-89; Ord. No. 173,308, Eff. 6-30-00, Oper. 7-1-00.

No positions vacated by the retirement, death, resignation, discharge, transfer or any other means, of any person employed in any of the classifications enacted by this Code, shall be filled unless specific authorization therefor is first granted by the City Council. All requests for such authorization shall be made directly to the City Council.

The Board of Civil Service Commissioners shall not certify or approve the name of any successor to fill such vacancy nor shall the City Controller approve any payroll which contains the name of any employee whose appointment does not conform to the provisions of this section.

The provisions of this section shall not apply to any officers of the City as defined by the Charter.

SECTION HISTORY

Based on Ord. No. 89,100.

Amended by: Ord. No. 96,925.

Whenever requested by the appointing authority of any department, or upon its own motion, the Council by order or resolution may grant authority for:

(a) The employment of personnel in cases where no department personnel authority exists provided that the class of position in which such employment is to be made is contained in Schedule “A”; provided, however, that any such order or resolution may, by its terms be made to take effect at the beginning of the next ensuing fiscal year from its adoption, but in no event shall such order or resolution be effective for any purpose beyond the end of this said ensuing fiscal year.

(b) The filling of any position in conformity with the provisions of any department personnel ordinance or any amendment thereto pending the effective date of such ordinance or amendment, provided that such position is included in one of the classes of positions contained in Schedule “A”.

Such employment authorization shall, before it becomes effective, be presented to the Mayor for the Mayor’s approval and the Mayor’s signature if the Mayor approves it; if not, the Mayor shall endorse thereon the date of presentation to the Mayor, and return it to the Council with the Mayor’s objections in writing. The Council, at its first meeting after the return of such employment authorization and objections, shall proceed to reconsider its adoption. Upon such reconsideration it shall in all cases require the votes of two-thirds of the whole Council to pass such employment authorization over the veto of the Mayor. If any such employment authorization shall not be returned to the Council by the Mayor with the Mayor’s objections in writing within ten (10) days after it shall have been presented to the Mayor, it shall become effective and be valid as if the Mayor had approved and signed it.

SECTION HISTORY

Based on Ord. No. 89,100.

Amended by: Ord. No. 99,929.