Los Angeles Municipal Code Art. 3 Powers and Duties in General

Section 2.18 Transfer of Powers. 2.19 Procedure for Establishing Official City Positions. (Charter Section 254.)

Pursuant to the authority provided in Charter Section 251, publication of an ordinance may be done either by publishing it at least once in a daily newspaper circulated in the City of Los Angeles or by posting it for at least ten days in three public places within the City.

SECTION HISTORY

Added by Ord. No. 172,959, Eff. 1-22-00, Oper. 7-1-00.

Except as otherwise in the Charter specifically provided, the Council shall have full power to pass ordinances upon any subject of municipal control, or to carry into effect any of the powers of the City.

SECTION HISTORY

Based on Charter, Sec. 35

SECTION HISTORY

Based on Charter, Sec. 33. Amended by: Ord. No. 150,582, Eff. 3-24-78, Oper. 4-1-78; Ord. No. 164,741, Eff. 5-27-89, Oper. 7-1-89. Repealed by Ord. No. 172,880, Eff. 12-2-99, Oper. 7-1-00.

The Council shall have the power to provide for any and all public improvements and their financing as provided by state law, City Charter or ordinances.

SECTION HISTORY

Based on Charter, Sec. 37. Amended by: Ord. No. 173,022, Eff. 2-13-00, Oper. 7-1-00.

The Council may provide by ordinance the duties of all boards or officers whose duties are not defined by the Charter, and it may by ordinance provide for any board or officer created by the Charter or by ordinance, duties other than those herein prescribed and not inconsistent with the provisions of the Charter. It may fix the hours during which the public office of any City officer shall be kept open, if not otherwise provided in the Charter.

SECTION HISTORY

Based on Charter, Sec. 32.

SECTION HISTORY

Based on Charter, Sec. 32.1. Amended by: Ord. No. 154,252, Eff. 9-11-80. Repealed by Ord. No. 173,291, Eff. 6-30-00, Oper. 7-1-00.

(a) Official City Positions. The provisions of this section shall govern the process for establishing the official positions of the City with respect to legislation, rules, regulations or policies proposed to or pending before a local, state or federal governmental body or agency. Once established as provided herein all such official positions shall be in writing and shall contain a summary of the proposed or pending legislation, rule, regulation or policy and the City’s position thereon. Said positions may refer to a specific bill or to a type of legislation or policy. Copies of each shall be filed with the City Clerk. Any such position shall remain in effect as specified in the action taken or until modified or repealed as provided herein. No person or department affiliated with the City of Los Angeles may represent that the City of Los

Angeles supports, opposes, seeks, wishes to amend or has any position regarding any legislation, rules, regulations or policies unless such position has been adopted as an official position of the City of Los Angeles.

(b) Adoption of City Positions on Legislation, Rules, Regulations and Policies.

(i) On or before October 1 of each year, the Mayor and each elected officer of the City shall submit to the City Council changes
they wish the City to propose to local, state and federal laws. Prior to such submission, the Mayor shall survey the various City
departments and offices to ascertain the changes such offices and departments wish to consider to local, state and federal laws, and
those changes considered essential to such departments operations shall be included in the Mayor’s submission to the City Council.

(ii) On behalf of the City Council, the Chief Legislative Analyst shall review each proposal and submit each proposal in the form of
a resolution to the Council with recommendations for action thereon.

(iii) If any such resolution is adopted by the Council, the City Clerk shall present the resolution to the Mayor for consideration with
the date of presentation affixed.

(iv) If the Mayor concurs with the resolution, the Mayor shall sign the resolution and return it to the Clerk, in which case the
resolution becomes effective immediately. If the Mayor vetoes the resolution, the Mayor shall return it to the Clerk with a written
statement of objections. If the Mayor does not veto the resolution within ten (10) working days after its presentation, or in a shorter
time period as prescribed by a two-thirds vote of the Council in cases where expedited action is required, (which shorter time period
shall not be less than two (2) working days) the resolution shall become effective.

(v) If vetoed by the Mayor, the Clerk shall present the resolution, with the objections of the Mayor, at the first Council meeting
thereafter, consistent with applicable law, after the Clerk has received the Mayor’s objections. By two-thirds vote, the Council may
approve the resolution over the veto of the Mayor in the ten (10) meeting days of the City Council during which the Council has
convened in regular session after its presentation by the Clerk; provided however, that if the Council has determined that expedited
action is required as provided in clause (iv) above, then Council must act to approve the resolution over the veto of the Mayor in the
same number of Council meeting days as the Mayor had in working days to veto such resolution.

(vi) Nothing contained herein shall affect the ability at any time of the Council to request, or of the Mayor, elected and appointed
City officers, and departments to submit proposals for changes to local, state and federal laws, rules, regulations and policies which are
considered essential to their operations at any other time, and such proposals shall be acted upon in the same manner as provided in
Clauses (ii) through (v) above.

(vii) Nothing contained herein shall affect the ability of the Council or the Mayor to initiate proposals at any other time for changes
to local, state and federal laws, rules, regulations and policies. Such proposals shall be acted upon in the same manner as provided in
Clauses (ii) through (v) above.

(c) Guidelines for Review of Pending Legislation, Regulations, Rules and Policies. The City Council in order to enable it to perform its work shall not later than December 1 of each even numbered year, adopt guidelines for use by the Chief Legislative Analyst in reviewing local, state and federal legislative proposals, including rules, regulations and policies and developing recommendations to the Council for official City positions with respect to such proposals. Any recommended positions on a legislative proposal developed by the Chief Legislative Analyst that is consistent with the Council’s guidelines shall be incorporated into a resolution and submitted to the Council for its consideration. Any such resolution that is adopted by the Council shall be forwarded to the Mayor for consideration as provided in Section (b) Clauses (iii) - (v) above.

(d) Urgency positions. In the event that the Mayor and the President of the City Council, or the Chief Legislative Analyst acting on behalf of the President of the City Council, agree that exigent circumstances require that a legislative position be adopted immediately to protect the City’s interests, such tentative legislative position shall be determined by them by mutual agreement and shall be deemed part of the City’s legislative program and shall be communicated by the Mayor to the appropriate governmental agencies and shall simultaneously be referred to the Council in the form of a resolution for consideration at its next regular meeting, consistent with applicable law, and processing in the same manner as provided in (b) Clauses (ii) - (v) above. In the event that the Council disagrees with the Mayor and Council President, or their designees, such policy position shall cease to be an official City legislative position, and such fact shall immediately be communicated to the governmental agencies involved.

SECTION HISTORY

Added by Ord. No. 173,348, Eff. 7-16-00, Oper. 7-1-00. Amended by: Sec. 2.34 Renumbered Sec. 2.19, Ord. No. 173,587, Eff. 12-7-00.

Neighborhood Councils hereby are exempted pursuant to Los Angeles Administrative Code section 2.20.2, subsections (d) and (e) from the application of Government Code Section 87300, requiring the adoption and promulgation of the conflict of interest code.

SECTION HISTORY

Added by Ord. No. 176,477, Eff. 3-28-05.

Sec. 2.20.2. Procedures and Standards for Requesting Exemption from Government Code Section 87300, Requiring the Adoption and Promulgation of a Conflict of Interest Code.

(a) This Section sets forth the procedures and standards by which the City will review a request for an exemption to Government Code Section 87300 from an entity for which the City Council is the code reviewing body. Nothing in this section shall be construed to mean that an entity is not required to adopt a conflict of interest code if it has not requested and been granted an exemption.

(b) An entity may submit a request to the City Ethics Commission for exemption from the provisions of Government Code Section 87300 requiring adoption and promulgation of a Conflict of Interest Code.

(c) A request for exemption shall be approved by the City Ethics Commission if it finds:

(i) That if the entity requesting the exemption were to adopt a Conflict of Interest Code, there would be no "designated employees,"

within the meaning of Government Code Section 82019 and 87302(a), subject to its provisions; or

(ii) That the entity is, or soon will be, inoperative and non-functioning.

(d) A request for exemption to Government Code Section 87300 may be approved by the City Ethics Commission when the entity requesting the exemption would have no “designated employees” within the meaning of Government Code Sections 82019 and 87302(a) because all of the following apply:

(i) The entity does not have regulatory, quasi- regulatory, permit, licensing or planning authority or functions;

(ii) The entity will not acquire real property in the foreseeable future; and

(iii) The annual operating budget exclusive of salaries for the agency is less than $70,000.

(e) In all other circumstances, the City Ethics Commission will consider the requests for exemptions on a case-by-case basis.

(f) A request for exemption under subsection (c)(1) shall be signed by the chief executive officer, president or a designated representative of the entity and shall be accompanied by:

(i) A list of every position in the entity, including each officer, employee, member and consultant with the entity;

(ii) A copy of the job description for each position listed in subsection (1) above;

(iii) A copy of the statutory authority under which the entity was created with specific citations to the provisions setting forth the

duties and responsibilities of the entity;

(iv) Identification of the person or body to whom the entity reports;

(v) A copy of the annual or regular report submitted by the entity to the person or body to whom the entity reports;

(vi) A detailed justification of the request for exemption including an explanation of why none of the positions listed in subsection (1) above is a designated employee. In preparing this justification, particular note should be taken of Government Code Section 82019.

(g) A request for exemption under subsection (c)(2) shall be signed by the chief executive officer, president or a designated representative of the entity and shall be accompanied by:

(i) A copy of the statutory or legal authority under which the entity ceased, or soon will cease to operate or function;

(ii) The date, time and place of the last meeting of the entity;

(iii) Identification of the positions and names of any staff who continue to work for or represent the entity, whether salaried or
unsalaried; and

(iv) A detailed explanation of the reasons the entity is, or soon will be, inoperative and non- functioning.

(h) Within 90 days after receiving the request for exemption, the Ethics Commission shall:

(i) Approve the request;

(ii) Deny the request;

(iii) Return the request for additional information and resubmission within 60 days. Upon resubmission, the Ethics Commission

shall, within 60 days, either approve the request for exemption or deny the request.

(i) When a request for exemption is approved, the Ethics Commission shall issue an exemption letter and transmit it to the requesting entity. Within 60 days, any interested party may submit a request to the City Council that the approval be reconsidered by the City Council.

The City Council shall consider the request for reconsideration and if good cause exists for reconsideration, the City Council shall schedule the matter for a hearing before the City Council. The City Council's determination to approve or disapprove a request for exemption after a hearing on the issue shall be final. If the City Council disapproves the exemption request, the City Council shall set a deadline within a 6 month period by which the entity requesting the extension shall adopt and promulgate a Conflict of Interest Code pursuant to Section 87300 of the Government Code.

(j) When a request for exemption is denied, the Ethics Commission shall issue a letter denying the request for an exemption and transmit it to the requesting entity. Within 60 days, the requesting entity or any interested party may submit a request to the City Council that the denial be reconsidered by the City Council. The City Council shall consider the request for reconsideration and if good cause exists for reconsideration, the City Council shall schedule the matter for a hearing before the City Council. The City Council's determination to approve or disapprove a request for exemption after a hearing on the issue shall be final. If the City Council disapproves the exemption request, the City Council shall set a deadline within a 6 month period by which the entity requesting the extension shall adopt and promulgate a Conflict of Interest Code pursuant to Section 87300 of the Government Code.

(k) Any entity granted an exemption pursuant to subsection (d) or (e) shall notify the Ethics Commission within 30 days if one or more of the following occurs:

(i) The entity obtains authority to engage in regulatory, quasi-regulatory, permit, licensing or planning authority or functions;

(ii) The entity acquires real property; and

(iii) The annual operating budget exclusive of salaries for the agency exceeds $70,000.

(l) If the Ethics Commission receives notice from an entity under subsection (k) or otherwise learns of facts or circumstances that indicate that an entity may no longer be eligible for an exemption from the provisions of Government Code Section 87300 requiring adoption and promulgation of a Conflict of Interest Code, the Ethics Commission may reconsider the exemption and may issue a letter notifying the entity that it is no longer eligible for an exemption from the provisions of Government Code Section 87300 requiring adoption and promulgation of a Conflict of Interest Code.

(m) Within 60 days of receiving a letter under subsection (l) from the Ethics Commission stating that an entity is no longer eligible for an exemption, the entity or any interested party may submit a request to the City Council that the exemption revocation be reconsidered by the City Council. The City Council shall consider the request for reconsideration and if good cause exists for reconsideration, the City Council shall schedule the matter for a hearing before the City Council. The City Council's determination to approve or disapprove an exemption revocation after a hearing on the issue shall be final. If the City Council approves the exemption revocation, the City Council shall set a deadline within a 6 month period by which the entity requesting the extension shall adopt and promulgate a Conflict of Interest Code pursuant to Section 87300 of the Government Code.

SECTION HISTORY

Added by Ord. No. 176,477, Eff. 3-28-05.