BUDGET AND FINANCE COMMITTEE REPORT relative to a request for additional positions of prosecutors and filing staff to meet the increase in cases resulting from the passage of Proposition 47, The Safe Neighborhoods and Schools Act.

Recommendations for Council action, SUBJECT TO THE APPROVAL OF THE MAYOR:

1. RESOLVE that the following positions are APPROVED and CONFIRMED for the City Attorney's Office from January 1 through June 30, 2015, in order to prosecute the dramatic increase in cases resulting from the passage of Proposition 47, The Safe Neighborhoods and Schools Act:
                  

   Positions	Class Title/Code
   8	Deputy City Attorney I
   7	Legal Clerk II

          
2. AUTHORIZE the transfer of six months funding for these positions and appropriate $437,582 from the Reserve Fund to the Unappropriated Balance, and appropriate therefrom to the  City Attorney's Office (Fund 100/12, Appropriation Account 1010, Salaries, General).
                                    
3. INSTRUCT the Chief Legislative Analyst (CLA) to expedite the exemption of these positions from the Managed Hiring Committee process.
                                              
4. REQUEST the Mayor to continue these positions with funding in the Fiscal Year 2015-16 budget to meet the ongoing workload resulting from the passage of Proposition 47.
   
   
5. AUTHORIZE the City Attorney, or designee, to prepare Controller instructions for any necessary technical adjustments, subject to the approval of the City Administrative Officer (CAO); and, AUTHORIZE the Controller to implement the instructions.
   
   
6. INCLUDE in the City's 2015-2016 State Legislative Program support for legislation or regulatory action that will recoup a portion of the savings generated by Proposition 47 for City use on implementation of this measure.             

Fiscal Impact Statement:  None submitted by the City Attorney. Neither the CAO nor the CLA has completed a financial analysis of this report.

Community Impact Statement:  None submitted. 

(Personnel and Animal Welfare Committee waived consideration of the above matter) 

BUDGET AND FINANCE COMMITTEE REPORT relative to staff resources for the City Attorney's Office to pursue Qui Tam actions and other affirmative litigation in order to protect the City's interests.

Recommendations for Council action, pursuant to Motion (Krekorian - Wesson - Koretz), SUBJECT TO THE APPROVAL OF THE MAYOR:

1. RESOLVE that two new Deputy City Attorney III positions (Class Code 0552) are ARPROVED and CONFIRMED in the City Attorney's Office in order to pursue Qui Tam actions and other affirmative litigation, and to ensure that complex litigation against the City can better be defended in-house and reduce the need for expensive outside private counsel, to protect the City's interests.
   
   
2. INSTRUCT the City Administrative Officer (CAO), with the assistance of the Chief Legislative Analyst (CLA), to review the appropriate funding sources for these positions and include funding recommendations as part of the 2014-15 Mid Year (Third) Financial Status Report.

Fiscal Impact Statement:  Neither the CAO nor the CLA has completed a financial analysis of this report.

Community Impact Statement:  None submitted.

CONSIDERATION OF MOTION (BONIN - WESSON) and COMMUNICATION FROM THE CITY ATTORNEY relative to legal options to protect residential neighborhoods from becoming campgrounds without criminalizing homelessness and violating the constitutional rights of the unhoused.

Recommendation for Council action:

REQUEST the City Attorney, with the assistance of the Chief Legislative Analyst, City Administrative Officer, Los Angeles Homeless Services Authority, Los Angeles Police Department, and the Housing and Community Investment Department, to report to the Council, in closed session, within thirty days, on what legal options are available to the City to protect residential neighborhoods from becoming campgrounds without criminalizing homelessness and violating the constitutional rights of the unhoused.

Community Impact Statement: None submitted.

(Council may recess to Closed Session, pursuant to Government Code Section 54956.9(d)(1), to confer with its legal counsel relative to the case entitled Cheyenne Desertrain v. City of Los Angeles, et al., United States District Court Case No. CV 09053-RGK, Ninth Circuit Case No. 11-56957.)

(Housing Committee waived consideration of the above matter)

NO ACTION TAKEN

ATTEST:                Holly L. Wolcott, CITY CLERK
 
 
 
By
 
 
 
        Council Clerk                         PRESIDENT OF THE CITY COUNCIL