Los Angeles Municipal Code Art. 1 Payment of Special Rewards

Section 19.120 Authorization. 19.121 Terminology. 19.122 Fund. 19.123 Reward Offer Procedures. 19.124 Effective Date. 19.124.1 Alternative Offer Procedures for Prospective Events. 19.125 Information Received. 19.126 City Council Review. 19.127 Payment. 19.128 Trust Fund Disposition. 19.129 City Council Determinations.

The City may offer and pay rewards pursuant to its existing reward program as redefined herein, and as authorized by those provisions of Sections 53069.5 and 53069.7 of the Government Code of the State of California. The City hereby adopts this chapter as its reward program.

SECTION HISTORY

Added by Ord. No. 150,389, Eff. 12-5-77. Amended by: Ord. No. 158,157*, Eff. 9-4-83; Term “Chapter” became “Article”, Main Title of Chapter 12, Ord. No. 164,743, Eff. 5-21-89.

• Reward offers by the City prior to the effective date of this ordinance and not paid or otherwise terminated at that time, shall not terminate or be otherwise affected by this ordinance but instead shall be processed, and appropriations for rewards, if any, shall be paid pursuant to the law as it existed at the time of the offer of reward.

(a) “Criminal Justice Personnel” means a prosecutor, assistant prosecutor or deputy prosecutor of any local, state or federal prosecutor’s office; or a judge, magistrate, commissioner, former judge, former magistrate or former commissioner of any court of record in the local, state, or federal system, against whom a criminal act was committed in retaliation for, or to prevent, the victim’s performance of the victim’s official duties.

(b) “Public Safety Personnel” means a peace officer as defined in State of California Penal Code section 7(8), or a firefighter or

emergency rescue personnel as defined in Penal Code section 245.1, engaged in the performance of their duties, whom the suspect knew or reasonably should have known was a peace officer, firefighter or emergency rescue personnel, during the commission of the criminal act.

(c) “Reward” means an authorized payment of monetary compensation to a person or persons for:

1. Information received by the City leading to the determination of the identity and apprehension of a person or persons whose

willful misconduct has resulted in injury or death to a person or persons, or who has willfully damaged or destroyed any property; or

2. Coming to the aid of a City of Los Angeles police officer, or for the furnishing of information to the City leading to the arrest

and conviction of any person or persons who killed, assaulted with a deadly weapon, or inflicted serious bodily harm upon a police officer of the City.

(d) “Witness to a Crime” means a person against whom a criminal act was committed that prevented, or that was in retaliation for, the person’s testimony in a criminal or juvenile proceeding.

SECTION HISTORY

Added by Ord. No. 158,157*, Eff. 9-4-83. Amended by: Ord. No. 175,927, Eff. 5-26-04; Subsec. (c)2., Ord. No. 181,615, Eff. 4-25-11.

• See note following § 19.120 of this Division regarding Ord. No. 158,157.

(a) There is hereby created and established within the Treasury of the City of Los Angeles a trust fund to be known as the “Special Reward Trust Fund,” hereinafter referred to in this article as the “Fund.” The Fund shall be administered by the City Clerk.

(b) In each year’s budget an appropriation may be made to the Fund as part of the appropriations to the Special Purpose Funds, and the City Council and the Mayor may appropriate other money from time to time during the year, as needed, to accomplish the payment of rewards provided for in Sections 19.123 and 19.124.1 of this article.

(c) All monetary gifts, contributions and bequests accepted by the City for the purposes set forth in this article shall be placed in the Fund. All offers of gifts, contributions and bequests to the City for the purposes set forth in this article which exceed the sum of $5,000 in value shall be submitted to the City Council for acceptance or rejection. All offers of gifts, contributions and bequests to the City for the purposes set forth in this article which do not exceed the sum of $5,000 in value shall be submitted to the City Clerk for acceptance or rejection. Each donor shall be advised that, as a condition of acceptance by the City, all interest accruing on any gift, contribution or bequest to the Fund shall be credited to the General Fund.

SECTION HISTORY

Added by Ord. No. 158,157*, Eff. 9-4-83. Amended by: Subsec. 2, Ord. No. 166,666, Eff. 2-6-91; Ord. No. 172,876, Eff. 11-28-99.

*The Controller shall transfer all monies now existing in Fund No. 7734 in the Controller’s records and any other funds on hand or hereafter received from donors for payment of reward purposes, into the “Special Reward Trust Fund” established by this ordinance, shall maintain separate accounts in that Fund for that purpose, and shall only disburse said monies consistent with donor-imposed conditions, if any, under which the City accepted the monies and pursuant to City Council instruction.

See also note following § 19.120 of this Division regarding Ord. No. 158,157.

(a) Subject to the requirements set forth in this article, the City Council, as the result of the happening of a particular event or series of events in the community and upon adoption of an appropriate resolution, motion, or Committee report, may offer a reward, as that term is described in Section 19.121 of this article.

(b) An offer of reward adopted by the City Council by resolution, motion, or Committee report shall:

1. Clearly identify the specific event or events that have created the requested authorization to offer a reward;

2. Find that the injury, death and/or destruction of property resulted from the willful misconduct of one or more persons;

3. Find that the offer would be consistent with and is taken for the immediate protection of the public peace, health or safety;

4. Find that the offense was of a nature or committed under special circumstances, and that as a matter of public policy the City

should provide for a reward as an added inducement or incentive for persons to come forth with information leading to the needed identification and/or apprehension;

5. Find that a special circumstance exists, such as, but not limited to, the following:

   A. The offense was committed by means of a destructive device, bomb, or explosive, by poison, or involved infliction of torture, or involved any offense described in Title 11.6 of Part 1 of the California Penal Code or activities designated as reportable to the Department of Justice pursuant to California Penal Code Section 13023, referred to collectively as hate crimes, or was especially heinous, atrocious or cruel and manifested exceptional depravity; and/or

   B. The victim was a police officer of the City, a witness to a crime and one whose testimony in a criminal proceeding was prevented by the offense or whose testimony had already been given, or a judge or former judge of a court of record, or an elected or appointed official or former official of government.

   C. A violation of either California Penal Code Section 148.3 or 653x by making a false 911 “swatting” call or report. For purposes of this section, the term “swatting” is a malicious prank that causes a law enforcement emergency response to a

location where no crime is occurring.

6. Determine a sum as follows which shall be the aggregate maximum sum of any payment or payments of a Reward offered in

response to the instance involved:

A. The aggregate maximum sum of any payment or payments of a Reward offered in response to the instance involved shall not exceed $50,000 unless another paragraph of this subdivision applies.

B. The aggregate maximum sum of any payment or payments of a Reward offered in response to an instance involving multiple victims shall not exceed $75,000.

C. The maximum sum of any payment or payments of a Reward offered in response to an instance in which the victim or victims were Criminal Justice Personnel, or a Witness To A Crime, shall not exceed $75,000.

D. The maximum sum of any payment or payments of a Reward offered in response to an instance in which the victim or victims were Public Safety Personnel of the City, shall not exceed $100,000.

7. Determine a maximum term, no greater than six months, during which the offer of reward shall be in effect;

8. Find, in lieu of Paragraphs 2., 3., 4. and 5. of this subsection, that a reward should be provided for a person or persons who came to the aid of Public Safety Personnel or who furnished information leading to the arrest and conviction of any person or persons who killed, assaulted with a deadly weapon or inflicted serious bodily harm upon Public Safety Personnel; and

9. Direct the City Clerk to advertise the offer of reward.

(c) The City Clerk, upon the Mayor’s approval, or after approval by the City Council by a two-thirds vote of the whole Council in the event the Mayor has disapproved the reward offer, shall cause notices and/or advertisements to be duly published in at least one newspaper of general circulation in the City, setting forth the City’s reward offer in a manner designed to provide immediate City-wide notoriety to the offer. All notices and advertisements of a reward shall set forth the conditions and limitations of the offer, and any reward offer shall be subject to the limitations of this article.

(d) The City Clerk shall regularly monitor the fiscal status of the Fund to ensure sufficient funds are available for anticipated reward claims. In conjunction with the annual proposed budget appropriations for the Special Purpose Funds budget or when needed, the City Clerk shall submit a request to the Mayor and Council to appropriate additional monies to the Fund so that sufficient funds are available for the payment of rewards provided for in this section.

SECTION HISTORY

Added by Ord. No. 158,157*, Eff. 9-4-83. Amended by: Ord. No. 172,876, Eff. 11-28-99; Subsec. (b)5.A., Ord. No. 173,342, Eff. 7-15-00; In Entirety, Ord. No. 175,926, Eff. 5-26-04; Subsec. (b)6.C., Ord. No. 175,927, Eff. 5-26-04; Subsec. (b)7., Ord. No. 178,941, Eff. 8-11-07; Subsecs. (b)5.B., (b)6.C. and (b)8. amended and Subsec. (b)6.D. added, Ord. No. 181,615, Eff. 4-24-11; Subsec. (b)5.C. added, Ord. No. 182,787, Eff. 12-24-13.

• See note following § 19.120 of this Division regarding Ord. No. 158,157.

Information of whatever form or nature filed with, submitted to, or otherwise received by the City Council, an officer or employee, board, bureau, office, or department, with respect to apprehension, identification, or where applicable the arrest and conviction of a person or persons, and whether or not the information is accompanied by a request, demand, or claim of any reward offered, shall be deemed to be filed, submitted, and received for informational purposes only and no claim of action or property right shall arise therefrom. The City Council may consider any such information as a factor in whatever deliberations it may undertake with respect to a particular offer of reward possibly affected thereby. Neither the filing or submitting of information, nor the receipt or consideration thereof by the City, shall establish any legal claim to, or right of recovery of, any reward offered by the City.

Information received by other than the Los Angeles Police Department shall be immediately transmitted by the recipient to the Los Angeles Police Department, and to the City Clerk for record purposes and for attaching to the appropriate Council File. The City Clerk shall transmit to the Los Angeles Police Department for its use and investigation, any information which that office receives in order that the department may coordinate its activity with those law enforcement and governmental agencies legally charged with or responsible for investigation into and/or prosecution of an event which has become the basis of an offer of reward.

SECTION HISTORY

Added by Ord. No. 158,157*, Eff. 9-4-83.

• See note following § 19.120 of this Division regarding Ord. No. 158,157.

1. After an identification, apprehension, or where applicable the arrest and conviction, of a person or persons with respect to commission or an act which prompted the offer of reward, the City Council shall determine whether the information received had been:

   (a) Either accompanied or followed by, a letter or other written expression of an intent to claim the reward offered;

   (b) Received during the term in which the offer of reward was in effect;

   (c) Tendered as more than a mere suspicion and was sufficient to provide for the subsequent identification, apprehension, or where

   applicable the arrest and conviction, of the person or persons responsible in whole or in part for that act which prompted the offer of reward;

   (d) Accompanied by sufficient information to satisfy whatever had been established by the City Council as special conditions for

   payment of the reward; and is consistent with the limitations upon payment set forth in Section 19.127.

2. All decisions with respect to the relevance or materiality of information received, whether or not utilized in establishing the identity, apprehension, or where applicable the arrest and conviction, of any one or more persons provides a basis for payment of a reward, are within the sole discretion of the City Council. The Council may, but need not, include as a factor in its decisions, the consideration of whether there has been a final adjudication by a Juvenile Court under the provisions of the Welfare and Institutions Code of the State of California, or, with respect to a person not under Juvenile Court jurisdiction, a court adjudication which has become final.

   SECTION HISTORY

   Added by Ord. No. 158,157*, Eff. 9-4-83.

   • See note following § 19.120 of this Division regarding Ord. No. 158,157.

A. Payment of any reward or rewards, as provided in this section, shall require City Council approval by resolution, or motion, or Committee report adopted by a majority vote of the whole Council, plus Council instruction to the City Clerk to file the necessary request with the City Controller to cause the reward or rewards to be paid from the Special Reward Trust Fund in the sum or sums, and to the person or persons, then determined by the City Council, subject to the following limitations:

1. No person shall be eligible to be paid by, or to receive from the City any reward for any offer of information unless the

information was received by the City during the term the reward offer was in effect;

2. A payment of reward may be for a sum less than that which has been advertised, and may be prorated with respect to the

information received and/or with respect to the number of sources from which received, provided, however, that no payment or aggregate of payments of City funds shall exceed the sum designated by any advertised City reward offer;

3. The City Council, in its sole discretion, may determine what portion of a reward, if any, is to be paid to any one or more persons;

4. No reward shall be paid to a City officer, employee, or dependent of such officer or employee, or to a public officer or employee

whose employment includes duties of law enforcement; and

5. No reward shall be paid to any person or persons involved in misconduct which prompted the offer of the reward by the City

Council.

6. Rewards shall not be paid to persons who have already been compensated by their employer or in some other manner for the

actions which are the basis of claiming the reward.

7. No offer of reward shall be made to anyone who is acting as an agent for the suspect(s) or if suspect(s) will benefit from payment

of such reward.

8. As a condition of granting a reward, the City of Los Angeles provides that all claimants provide continued cooperation within the

criminal justice system relative to the case for which the offer of reward is made.

B. No reward money may be paid without the provisions of this article having been first satisfied and the City Council having first adopted an appropriate motion, resolution or Committee report providing for said payment as provided for herein.

SECTION HISTORY

Added by Ord. No. 158,157*, Eff. 9-4-83. Amended by: Subsec. A.4. by Ord. No. 167,418, Eff. 12-27-91; Subsec. A.4., Subsec. A.6., A.7. and A.8. added by Ord. No. 167,418, Eff. 12-27-91.

• See note following § 19.120 of this Division regarding Ord. No. 158,157.

Interest accruing on monies deposited into the Fund shall be distributed by the Treasurer to the General Fund, and shall not accrue to the benefit of any one or more reward payments.

SECTION HISTORY

Added by Ord. No 158,157*, Eff. 9-4-83. Amended by: Ord. No. 166,666, Eff. 2-6-91; Ord. No. 172,876, Eff. 11-28-99.

• See note following § 19.120 of this Division regarding Ord. No. 158,157.

All determinations affecting, or dispositive of, offers of reward, except the appropriation of money to the Trust Fund, shall be within the sole discretion of the City Council and shall be final.

SECTION HISTORY

Added by Ord. No. 158,157*, Eff. 9-4-83.

• See note following § 19.120 of this Division regarding Ord. No. 158,157.