Senate Bill 411 (Portantino) Amending the Brown Act
UPDATES 2/10/23: Senate Bill 411 (Portantino) Amending the Brown Act Introduced – PDF ATTACHED
Good afternoon Neighborhood Council leaders,
Since this morning’s Senate Bill 411 email (below), there have been a few updates.
- Senator Portantino’s office has advised the following: “We are aware of a drafting error that does not specifically mention “elected” NCs and only “appointed” members, and this issue is being fixed in Sacramento.”
- We have been provided Senator Portantino’s local staffer’s name and contact information: Declan Floyd Email: declan.floyd@sen.ca.gov Phone: (818) 409-0400
- In addition to the two Council Files referenced below, there is a THIRD one relevant to this topic: Council File 22-1070, a motion that was introduced on September 14, 2022. At the end of last month, the Department of Neighborhood Empowerment submitted its report dated January 27, 2023 relative to viable options for the conduct of in-person, virtual, and/or hybrid Neighborhood Council meetings. Please especially note the first 11 pages of the report and their recommendations to the City Council starting at the bottom of page 2 and all of page 3. Your NC may weigh in by filing a Community Impact Statement and/or you may do so as an individual using the online comment icon on the Council File.
- There have been several questions concerning the role of Neighborhood Councils concerning State legislation. This is governed by City Charter Section 254 Legislation Pending Before State and Federal Government and by Administrative Code Sec. 2.19. Procedure for Establishing Official City Positions, the text of which are posted at the bottom of this email thread. The relevant section in the latter provides: “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.” If you have any questions regarding this process, please contact your assigned Deputy City Attorney.
- Plan to attend one (or both) of DONE’s EmpowerLA Virtual Governance and In-Person Meeting Special Update information sessions being held on February 23 (6 pm) and February 25 (1 pm). These are listed in last week’s NC Monthly Update and are posted on the EmpowerLA Calendar with the registration link.
Hope this is helpful. Please continue to share any thoughts and updates.
Thank you.
Cordially,
Glenn Bailey
Executive Committee Member*
Valley Alliance of Neighborhood Councils (VANC)
Twitter: @ValleyNCs
Treasurer*
Los Angeles Neighborhood Council Coalition (LANCC)
Office/Voicemail/Text: 818-514-5355
*Affiliations are for identification purposes only
From: Glenn Bailey<glennbaileyncs@gmail.com>
Date: Fri, Feb 10, 2023 at 7:31 AM
Subject: BREAKING NEWS: Senate Bill 411 (Portantino) Amending the Brown Act Introduced – PDF ATTACHED
To: Glenn Bailey <GlennBaileyNCs@gmail.com>
Good morning Neighborhood Council leaders,
Your voices are being heard!
Yesterday State Senator Anthony Portantino introduced urgency legislation (Senate Bill 411) to amend the Brown Act and to allow the City’s Neighborhood Councils to meet virtually without there being a declared emergency. A PDF of the bill is attached. An analysis of the bill’s provisions is pending.
While Neighborhood Councils are advisory to the City of Los Angeles and are prohibited from lobbying other levels of government, Board members may do so in an individual capacity. Please consider contacting your State Assemblymember and State Senator to support this legislation.
Neighborhood Councils CAN take a position and file Community Impact Statements on two related Council Files, 23-0002-S16 and 23-0002-S17.
Thank you for your attention to this important and timely matter.
Cordially,
Glenn Bailey
Executive Committee Member*
Valley Alliance of Neighborhood Councils (VANC)
Twitter: @ValleyNCs
–
Treasurer*
Los Angeles Neighborhood Council Coalition (LANCC)
Office/Voicemail/Text: 818-514-5355
*Affiliations are for identification purposes onlyCity Charter Sec. 254. Legislation Pending Before State and Federal Government. The Council, by resolution, may establish the official position of the City with respect to legislation proposed to or pending before the state or federal government. The resolution shall be subject to veto by the Mayor, and override of the Mayor’s veto by a two-thirds vote of the Council. The Council, by ordinance, shall adopt procedures to implement the provisions of this section, which procedures shall set the time periods for Council and Mayoral action.
Administrative Code Sec. 2.19. Procedure for Establishing Official City Positions. (Charter Section 254.) (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.