Los Angeles Municipal Code Art. 13 Incompatible Outside Employment Activities

Section

• 4.710 Definitions.

• 4.711 Civil Immigration Enforcement Is an Incompatible Activity.

• 4.712 Procedures.

• 4.713 Applicability.

• 4.714 Severability.

The words and terms defined in this section shall have the following meanings as used in this article.

(a) “Employee” means and includes full, part-time, and as-needed City employees, regardless of appointment type, as well as hiring hall, appointed officers, and 120-day retired employees.

(b) “Civil Immigration Enforcement” means any and all employment, activity, enterprise, work, service, or counsel, for compensation, to investigate or assist in the investigation, or to enforce or assist in the enforcement, of any civil immigration law against natural persons, which shall include, but is not limited to, any and all employment, activity, enterprise, work, service, or counsel, for compensation, related to the detention or administrative confinement of natural persons while those natural persons await a decision on their immigration status, potential removal, or potential deportation.

SECTION HISTORY

Article and Section Added by Ord. No. 188,903, Eff. 4-10-26.

No Employee may engage in any Civil Immigration Enforcement outside of their City employment.

SECTION HISTORY

Article and Section Added by Ord. No. 188,903, Eff. 4-10-26.

(a) To the extent that any Employee is not subject to an existing process that sets forth a method for providing notice of the outside employment restriction and of disciplinary action to be taken against employees for engaging in the prohibited conduct, the Personnel Department shall create such a process, and make such process available to all City appointing authorities.

(b) An Employee shall have the right to request a review by their appointing authority of a determination that the Employee has engaged in Civil Immigration Enforcement in violation of Section 4.711, to be evaluated on a case-by-case basis, consistent with procedures formulated by the appointing authority, or, consistent with Subsection (a), above, by the Personnel Department.

(c) The determination under review shall stand if the appointing authority determines that the Employee has engaged in Civil Immigration Enforcement, as such activity would be inconsistent, incompatible, or in conflict with, or inimical to, the Employee’s official duties, functions, or responsibilities.

SECTION HISTORY

Article and Section Added by Ord. No. 188,903, Eff. 4-10-26.

(a) This article shall apply to all departments, offices, and bureaus of the City.

(b) This article is not intended to conflict with any other provision of City law and shall be interpreted to be compatible with, and in addition to, enactments of this Code and the Los Angeles Municipal Code.

(c) The prohibition in this article shall not apply to any contract or agreement obligating an Employee to perform Civil Immigration Enforcement if that contract or agreement was entered into prior to the effective date of this ordinance. Nothing in this subsection exempts from the application of this article: an Employee from exercising or authorizing a discretionary option to extend a contract or agreement that was entered into prior to the effective date of this ordinance; or any preexisting at-will employment.

SECTION HISTORY

Article and Section Added by Ord. No. 188,903, Eff. 4-10-26.

If any subsection, sentence, clause, or phrase of this article is for any reason held to be invalid or unconstitutional by a court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this chapter. The City Council hereby declares that it would have adopted this chapter, and each and every subsection, sentence, clause, and phrase thereof not declared invalid or unconstitutional, without regard to whether any portion of the chapter would be subsequently declared invalid or unconstitutional.

SECTION HISTORY

Article and Section Added by Ord. No. 188,903, Eff. 4-10-26.