Los Angeles Municipal Code Art. 2 Powers and Duties

Whenever any officer or board of the City has reason to believe that, because of the officer’s or board’s interest or the interest of any member of such board, a disqualification to act upon any matter exists, action upon such matter shall be deferred and request made for the opinion of the City Attorney whether or not there is such disqualification, giving the City Attorney all facts relative to the possible disqualification. Should the City Attorney indicate that it is probable that a court would hold such alleged disqualification exists, the officer or board shall thereupon refer the matter in question, with all accompanying files, data and information, in duplicate, to the Board of Referred Powers.

SECTION HISTORY

Based on Ord. No. 92,751. Amended by: Ord. No. 115.774.

Whenever the City Clerk has received from any officer or board of the City a matter for consideration, the City Clerk shall immediately notify the President of said Board, and the matter shall be placed before the Board for consideration. Each meeting of the Board of Referred Powers shall take place at such location in City Hall and at such time and date as designated in appropriate notice by the President there of. Any member of the Council may attend any meeting of the Board.

SECTION HISTORY

Based on Ord. No. 92,761. Amended by: Ord. No. 150,771, Eff. 6-26-78; Ord. No. 161,892, Eff. 2-16-87.

When matter is before the Board of Referred Powers, it shall thereupon have and exercise the same power and jurisdiction over such matter as the officer or board of the City from which the matter is referred would otherwise have had, and shall record in its minutes the nature of the matter considered and its action therein sufficiently in detail that the matter acted upon and disposition made thereof can be determined and shall forthwith cause its secretary to certify its action to the officer or board from which such matter is referred, and said officer or board shall thereupon record in the officer’s or board’s official records the action of the Board of Referred Powers in the same manner as the said officer or board would have done had no disqualification existed; provided, however, that the secretary of the Board of Referred Powers shall retain and file in the records of the Board of Referred Powers duplicate papers and files, so far as the same shall be practicable, but only to the extent necessary in order that it can reasonably be determined therefrom the nature of the matter referred to the Board of Referred Powers and the action taken thereon. All original papers or files shall be returned to the officer or board from which the matter is referred.

SECTION HISTORY

Based on Ord. No. 92,751.

Whenever the Board of Referred Powers assumes jurisdiction over a matter transferred to it pursuant to Section 222 of the Charter, the Board shall act on the matter within the following time periods.

a. If the time period for action is established by the Charter or by state law, the Board shall act within the established period.

b. If the time period is established by ordinance, the Board shall act no later than the 31st day after the last day on which the
disqualified board or officer could have acted if the board or officer had not been disqualified.

SECTION HISTORY

Added by Ord. No. 141,601, Eff. 4-4-71.
Amended by: Ord. No. 172,845, Eff. 11-4-99, Oper. 7-1-00.