Los Angeles Municipal Code Art. 9.5 Investigation of Complaints of Discrimination and Sexual Harassment

AGAINST CITY OFFICIALS

Section

Currently, procedures are in place throughout City government for the investigation of complaints of discrimination and sexual harassment brought against City employees. These procedures include, among other things, both informal and formal investigative procedures, depending on the circumstances. With respect to the City’s elected officials, however, a process is in place, but it goes no further than the informal stage. Thus, no procedure now exists within City government for the formal investigation of such complaints against the City’s top elected officials.

The public properly should expect that the City will thoroughly and fairly investigate all complaints of discrimination and harassment against the City’s officials, irrespective of the station of the person against whom the complaint is directed. The procedure established by this Ordinance will redress the current imbalance and afford the citizens of the City the assurance that like the employees they direct, if circumstances warrant, the City’s top elected officials will be subjected to a full investigation of the discrimination and harassment complaints against them.

The procedure herein created also will serve the City well in dealing with potential or actual litigation arising out of the complaints in question. It is hoped that the very existence of this process will assist in resolving complaints without the necessity of litigation. This is one of the rationales for the long-standing investigative procedure applicable to City employees that is administered by the Civil Service Commission. If litigation should result nonetheless, in having the results of an investigation, the City will be better equipped to assess the merits of the case and otherwise to deal with the demands put upon City government thereby, such as, deciding whether the official in question is entitled to a defense at City expense. Beyond this, the information learned from an investigation may make it possible to rectify problems where they do exist and prevent the injury of others.

The procedure bifurcates responsibility between a Special Committee on Investigative Oversight and the City Council. The Committee will perform the important function of gatekeeper at the point where the launching of a formal investigation by an independent investigator is a possibility. While the Committee will not perform the investigation, the decision to begin one is itself significant. Once such a decision is made, the Committee will be charged thereafter with ensuring that the investigation is thorough and complete, but will go no further. All else will be the province of the City Council. Findings, conclusions, and remedial actions, if any, all will emanate from the Council and the Council alone. This allocation of responsibility in the procedure draws upon the structure of Los Angeles City government as set forth in the City Charter. The final authority in these matters will be the Council. Being composed of members elected by district, the Council as a body rightly can speak for the City in these important matters.

SECTION HISTORY

Article and Section Added by Ord. No. 171,230, Eff. 9-12-96.

Amended by: Ord. No. 173,365, Eff. 7-29-00; Ord. No. 173,365, Eff. 7-29-00.

(a) There is hereby created a Special Committee on Investigative Oversight. It shall consist of two former judges, who shall not both identify as the same gender, two law school professors, who shall not both identify as the same gender, each with expertise in the area of employment law, and one member of the American Arbitration Association.

(b) The members of the Special Committee shall be chosen from a list of appropriately qualified individuals which shall be developed, maintained and periodically updated by the Personnel Department, the Chief Legislative Analyst and the City Attorneys Office. The list and all updates shall be adopted by the full Council.

(c) Members of the Special Committee shall be paid a stipend for their service on the Committee from an account established and maintained in the office of the Director of the Office of Administrative and Research Services.

(d) The concurring vote of at least three members is required for the Special Committee to take action.

(e) The Special Committee shall be convened by the President of the City Council or the Mayor when notified by the Personnel

Department that a discrimination or sexual harassment complaint against an elected official has been received. The members of the Special Committee shall be chosen by the Personnel Department by lot from those individuals who were on the list prior to a complaint being received and who are currently available to serve.

(f) The Special Committee shall have the following powers and duties:

1. to refer the complaint to the Personnel Department for informal resolution efforts, if appropriate;

2. to determine if there is sufficient cause for an investigation;

3. to authorize an investigation by an independent investigator into the complaint of discrimination or sexual harassment;

4. to review the results of the investigation to determine if further investigation is warranted; to refer the matter back to the
investigator if further investigation is warranted; and/or to forward the completed investigation to the full Council for appropriate
action;

5. to make rules as necessary to carry out the powers and duties of the Committee.

SECTION HISTORY

Section Added by Ord. No. 171,230, Eff. 9-12-96.
Amended by: Ord. No. 173,365, Eff. 7-29-00.

(a) When the Special Committee authorizes an investigation into a complaint of discrimination or sexual harassment against an elected official, an independent investigator will be selected from a list of prominent and respected citizens who are not employed by the City. The individuals on the list should have expertise in the fields of employment law, law enforcement, government or other, related, fields. The list shall be developed, maintained and periodically updated by the Personnel Department, the Chief Legislative Analyst and the City Attorneys Office. The list and all updates shall be adopted by the full Council.

(b) When a matter is referred to an independent investigator, the Personnel Department shall select an investigator by lot from those who were on the list prior to the complaint being received and who are currently available to accept the assignment. The independent investigator will then select the independent investigator’s own staff to assist with the investigation.

(c) The independent investigator will be responsible for conducting the investigation. The independent investigator shall have access to any City employee who may provide relevant information, including the complainant and the accused and any witnesses provided by them. The investigator shall also have access to City resources and documents as required to conduct the investigation. Should necessary access be denied, the investigator shall report back to the Special Committee for further instructions.

(d) The independent investigator shall have the power to subpoena witnesses, compel their attendance and testimony, administer oaths and affirmations, take evidence and order by subpoena the production of documents, records or other materials relevant to the investigation.

(e) At the completion of the investigation, the independent investigator shall submit to the Special Committee a comprehensive report containing an investigative summary of the evidence received, an analysis of the evidence, factual findings, a conclusion and recommendations regarding resolution of the complaint.

(f) Each fiscal year, there shall be included in the Contract Services Account of the budget of the Personnel Department funds to support any independent investigator authorized by this Section.

SECTION HISTORY

Section Added by Ord. No. 171,230, Eff. 9-12-96.

Amended by: Ord. No. 173,365, Eff. 7-29-00.

The City Council shall have the following powers and duties with respect to its role in handling complaints of discrimination or sexual harassment against elected officials:

(a) to review and adopt the list of individuals for appointment to the Special Committee on Investigative Oversight as provided in
Sec. 4.406 above;

(b) to review and adopt the list of independent investigators as provided in Sec. 4.407 above;

(c) to review the report of the independent investigator upon its being forwarded by the Special Committee to the Council for
action;

(d) to hear presentations from the individuals involved, if appropriate, and to make findings on the claims of discrimination or
sexual harassment;

(e) to make referrals of issues arising out of the investigation to appropriate Council Committees for their consideration;

(f) to report to the appropriate local, state or federal authorities any substantial evidence of a violation of law regarding the
performance of duties by a public officer or employee.

SECTION HISTORY

Section Added by Ord. No. 171,230, Eff. 9-12-96.
Amended by: Ord. No. 173,365, Eff. 7-29-00.

The General Manager of the Personnel Department shall have the following duties with respect to the Department’s role in handling complaints of discrimination or sexual harassment against elected officials:

(a) to maintain and periodically update, in conjunction with the Chief Legislative Analyst and the City Attorney, a list of
individuals, as described in Sec. 4.406 above, who may be chosen to act as members of the Special Committee on Investigative
Oversight, and submit this list to Council for adoption;

(b) to choose, by lot, the members of the Special Committee when such Committee is to be convened, as provided in Sec. 4.406
above.

(c) to maintain and periodically update, in conjunction with the Chief Legislative Analyst and the City Attorney, a list of impartial
individuals, as described in Sec. 4.407 above, who may be chosen to act as independent investigators, and submit this list to Council
for adoption;

(d) to choose, by lot, the person to serve as an independent investigator, as provided in Sec. 4.407 above.

(e) to administer any contracts necessary to implement an independent investigation authorized by the Special Committee;

(f) to provide staff to serve as liaison to the independent investigator, if requested;

(g) to provide necessary on-site assistance and coordination between the staff of the independent investigator and the City.

SECTION HISTORY

Section Added by Ord. No. 171,230, Eff. 9-12-96.
Amended by: Ord. No. 173,365, Eff. 7-29-00.

The City Attorney shall have the following duties with respect to the City Attorney’s role in handling complaints of discrimination or sexual harassment against elected officials:

(a) to maintain and periodically update, in conjunction with the Personnel Department and the Chief Legislative Analyst, a list of

individuals, as described in Sec. 4.406 above, who may be chosen to act as members of the Special Committee on Investigative Oversight.

(b) to maintain and periodically update, in conjunction with the Personnel Department and the Chief Legislative Analyst, a list of impartial individuals, as described in Sec. 4.407 above, who may be chosen to act as independent investigators.

(c) to provide legal services to the Special Committee;

(d) to provide legal services to the City Council with respect to any matter brought before it under this Ordinance.

SECTION HISTORY

Section Added by Ord. No. 171,230, Eff. 9-12-96.

Amended by: Ord. No. 173,365, Eff. 7-29-00.

(a) All investigations conducted under this Ordinance shall be conducted with highest degree of confidentiality legally permissible.

(b) Records of the investigation shall be maintained as personnel records.

(c) Meetings of the Special Committee or the full Council to consider allegations of discrimination or sexual harassment against an elected official or investigations thereof may be held in closed session, as otherwise provided by law.

(d) It is the intent of this Ordinance that Special Committee members, the independent investigator, staff and all involved parties, including the accused elected official and the official’s representatives and the complainant and the complainant’s representatives, shall not disclose to any person whatever any information regarding the fact or nature of the complaint(s), the investigation or any related information unless such disclosure is authorized by the Special Committee.

SECTION HISTORY

Section Added by Ord. No. 171,230, Eff. 9-12-96.

Amended by: Ord. No. 173,365, Eff. 7-29-00.