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ADA - Legal Issues Regarding NCs - Americans with Disabilities Act
ADA would apply.
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04/05/2001
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BROWN ACT - Opinion No. 2004:8 Brown Act
This is the second in a series of important policy opinions from the City Attorney. It addresses the Brown Act (the state's open meetings law) Essentially, changing how it affects NCs will require state legislation. (19 pages)
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08/05/2004
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BROWN ACT - Brown Act
An update from the City Attorney. (14 pages)
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10/21/2003
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BROWN ACT - Brown Act and NCs
NCs are unable to communicate with a majority of the City Council or committee regarding a particular issue. Also, Brown Act not normally apply to a meeting of less than a majority of NC board or committee. (5 pages)
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05/05/2003
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BROWN ACT - The Brown Act and NCs
City Attorney's handout that summarizes the Brown Act. (12 pages)
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04/05/2003
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BROWN ACT AND LIABILITIES - Appealing City's Administrative Decisions. Suing the City. Brown Act.
This letter from the City Attorney provides answers to 15 questions covering a variety of subjects, including a statement that NCs cannot sue the City or appeal administrative decisions, such as planning and land use decisions. (9 pages)
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02/26/2002
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BROWN ACT - Legal Issues Regarding Neighborhood Councils
This letter discusses the Brown Act and NCs. (3 pages)
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11/16/2000
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BROWN ACT - The Brown Act
A summary of the Brown Act that was written for City commissions before NCs were created. (7 pages)
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07/29/1998
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BYLAWS - Legal Issues Relating to a 'Town Hall' System of Governance for Neighborhood Councils
City Attorney recommends use of Town Hall for advisory votes only. (7 pages)
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10/30/2002
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BYLAWS - NC Bylaws
There is no requirement that NCs must adopt and adhere to Robert's Rules of Order. (2 pages)
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08/28/2002
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BYLAWS - Opinion No. 2002:7 'Lives,' 'Works,' or 'Owns Property' to Identify its Stakeholders
The opinion advised that NCs may not further define the Charter terms of ?lives,? ?works,? or ?owns property? in order to identify stakeholders. It concludes that any further refinement of the language to the Charter should be accomplished by amending the Plan and the Ordinance or by the BONC establishing rules and policies that can be applied to all NCs. (4 pages)
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06/14/2002
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CONFLICT - Political Debate Guidelines
The City Attorney has provided guidelines for NCs wishing to hold or co-sponsor political candidate debates or forums. (2 pages)
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01/10/2005
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CONFLICT - Political Debates Guidelines - Attachment
This is a sample of the attachment referred to in the City Attorney's report on this subject. (8 pages)
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01/10/2005
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CONFLICTS - NC Street Repair Program - Conflict of Interest Guidelines
The City Attorney provides these guidelines to help NC members avoid conflicts of interest when selecting their priority street projects. In short, you should base your decisions based on objective standards, and not for personal benefit. (3 pages)
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05/19/2005
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CONFLICTS - Ordinance 176477 - Financial Disclosure Statements
This ordinance eliminated the needs for Neighborhood Council board members to form the Form 700 financial disclosure statements, except if their Neighborhood Council chooses to require it. (8 pages)
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03/28/2005
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CONFLICTS - Opinion 2004:7 Political Reform Act
This is the first in a series of formal City Attorney opinions regarding the effect of certain laws on NCs. This addresses the state's Political Reform Act and the financial disclosure laws. (15 pages)
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05/28/2004
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CONFLICTS - Requiring Lobbyist Disclosure on Communications to NCs and Community Groups
This letter was written to the City Ethics Commission advising them that the City would require registered lobbyists to identify themselves on written communications to NCs, but not to other community groups. (6 pages)
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12/08/2003
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CONFLICTS - Incompatible Offices
NC board members may also serve on City commissions. (3 pages)
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07/30/2003
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CONFLICTS - Appealing to Land Use Decisions
The City Attorney explains the ways in which a NC could express its disagreement with an administrative decision, such as a planning and land use decision. (4 pages)
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11/05/2002
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CONFLICTS - Mass Mailings at Public Expense
General guidance relating to mass mailings by NCs. There are specific rules if the mailing mentions an elected official. (5 pages)
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03/27/2002
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CONFLICTS - Legal Issues regarding NCs and Faith-Based Organizations
Advises that the City may provide funding to NCs if the NC includes faith-based organizations. The letter covers the broad issue of the separation of church and state. (5 pages)
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04/05/2001
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CONFLICTS - Supporting Political Candidates and/or Ballot Measures
This City Attorney letter explains that NCs may not endorse candidates for public office or spend its money for or against candidates. As individuals, they can do what they wish. NCs may take positions on ballot measures, but cannot spend its money on them. (3 pages)
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12/15/2000
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CONFLICTS - Political Reform Act
Explains extent to which members of NCs will be subject to the state's Political Reform Act, and City ethics ordinance. (6 pages)
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11/30/2000
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CONFLICTS AND ELECTIONS - Ability of the City to Restrict Lobbyists from Serving on NC Boards
City Attorney says it can't be done. The purpose of the NC system is to promote inclusiveness. But, like others who may have financial conflicts of interest, lobbyists may be disqualified from participating on matters for which they have been paid to advocate. (4 pages)
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04/18/2005
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ELECTIONS - Opinion No. 2004:3 NC Voting System At-large Instead of Geographically-Based Seats
For boards comprised of both categorical at-large seats and geographical seats, the opinion advised that a NC may require that stakeholders represented by the categorical seats vote only for those designated seats and not for geographical seats as long as the stakeholders have an opportunity to vote for at least one or more board members. (6 pages)
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03/24/2004
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ELECTIONS - Voting Rights
This letter states the opinion that NCs cannot require stakeholders to be U.S. citizens. It continues the broad definition of a stakeholder being someone who lives, works, or owns property in the area, except that it does state that NCs could restrict voting to those who are 18 years or older. (6 pages)
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01/26/2004
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ELECTIONS - Voting Rights Letter Attachments
These are the attachments that were part of the City Attorney's letter on Voting Rights. (12 pages)
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01/26/2004
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ELECTIONS - Opinion 2002:5 Election Systems of Certified Neighborhood Councils
This opinion advised that as long as a NC election system provides all stakeholders in a NC with the opportunity to elect at least one or more members of their governing body, it is consistent with the City Charter. It states that if a NC divided itself into ?community interest groups,? it could require stakeholders within each community interest group to elect their representatives, as long as all stakeholders within each community interest group were afforded the opportunity to vote for their designated representative. The same was advised of a NC that divides itself into ?geographic regions.? (7 pages)
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04/03/2002
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ELECTIONS AND THE BROWN ACT - Voting Procedures for Certified NCs
Explains when the Brown Act applies to interim and certified NC boards. (3 pages)
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05/09/2002
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ELECTIONS AND BYLAWS - Exclusion of Elected City Officials from serving on a NC's Governing Body
City Council staff may serve on a NC board. City Attorney recommended that the Plan be amended to prohibit elected City officials from serving on NC boards and NCs may amend their bylaws to provide the same prohibition. (8 pages)
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03/11/2002
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GENERAL - Nonprofit Corporations and Neighborhood Councils
Any nonprofit, such as a "Friends of", should be separate from the NC. (6 pages)
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12/06/2005
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GENERAL - Interpretation of the word 'Advisory' in context of NCs
Interpretation of the Word "advisory" as it relates to Neighborhood Councils. (2 pages)
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04/23/2004
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GENERAL - Stategic Review
This letter from the City Attorney offers to evaluate the current legal framework applicable to NCs and to make recommendations "to realize the original vision and purpose of neighborhood councils." (2 pages)
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02/03/2004
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GENERAL - Moments of Inspiration
This letter from the City Attorney advises of a recent decision by the California Court of Appeal, "Rubin v. City of Burbank," stating that any invocation, prayer or ?Moment of Inspiration? offered to begin City Council meetings may not be sectarian. As city agencies, NCs will have to abide by that decision. (11 pages)
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12/03/2002
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GENERAL - General Issues
Story of NCs. What is an NC? What is the status of their advice? May an NC be a nonprofit? Liability protection. (4 pages)
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08/03/2002
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GENERAL & LIABILITIES - Various Questions
Provides simple answers to questions involving issues such as: requirement for open and public meetings, making announcements at meetings, describing a committee report on the agenda, stakeholders serving on ad hoc committees, who can serve on the board, how organizational representatives may be selected, keeping the financial books, getting early notification information from the City, communicating with non-City public agencies, and indemnification. (8 pages)
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07/05/2001
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LIABILITIES - Indemnification Activities Within the Course and Scope of Board Member Duties
Explains when the City will protect a board member if a lawsuit is filed. (3 pages)
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12/19/2003
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LIABILITIES AND GENERAL - Legal Issues Regarding NCs
As the Plan for a Citywide System of Neighborhood Councils was been discussed by the City Council, the City Attorney answered a variety of questions on the topics of: Indemnification, Liability, Insurance, Early Notification. (10 pages)
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04/25/2001
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MEETINGS - Quorums and NCs
This letter explains when a NC can conduct official business, hold discussions without taking an action, etc. without having a quorum. (4 pages)
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12/03/2004
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PUBLIC RECORDS - Databases/Privacy/Public Records
This advice letter from the City Attorney provides valuable advice to NCs about their ability to maintain the privacy of certain information on their lists and in their databases. (12 pages)
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12/06/2004
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PUBLIC RECORDS - The Public Records Act and NCs
This FAQ from the City Attorney provides a simple explanation for NCs of the state's Public Records Act. (3 pages)
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11/01/2003
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PUBLIC RECORDS AND ELECTIONS - Public Records Act/Election Ballots/Record Retention
This memorandum concludes that it is important to preserve the integrity of the voting process. Therefore, voted ballots do not need to be disclosed under the Public Records Act. Six months is recommended as a reasonable time frame for saving the election materials. (6 pages)
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03/30/2004
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Los Angeles Neighborhood Councils Congress
The City Attorney's Office prepared a response to questions submitted to it's Office regarding the Los Angeles Neighborhood Councils Congress.
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11/29/2006
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Newly Elected Board Orientation Binder - Part I
The Board of Neighborhood Commissioners
("Commission" or "Board") is comprised of seven
members, each from a different background and a
different part of the city. They are appointed by the
Mayor, and confirmed by the City Council. The
Commission is responsible for setting and overseeing
policy. That includes approval of contracts, leases, and
rules and regulations. The Commission holds regular
public meetings every 1st and 3rd Tuesday of each
month, and may hold special meetings to conduct
business.
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09/11/2007
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Newly Elected Board Orientation Binder - Part II
Plan for a Citywide System of Neighborhood Councils Adopted
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09/11/2007
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Newly Elected Board Orientation Binder - Part III
Ethics Training
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09/11/2007
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Newly Elected Board Orientation Binder - Part IV
Neighborhood Council Funding Orientation
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09/11/2007
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Newly Elected Board Orientation Binder - Part V
Questions Regarding Neighborhood Councils
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09/11/2007
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