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March 16, 2002
The new LA City Charter begins with
Preamble
We the people of the City of Los Angeles, in order to establish a responsive, effective and accountable government through which all voices in our diverse society can be heard; to provide fair representation and distribution of government resources and a safe, harmonious environment based on principles of liberty and equality, do enact this Charter.
This says it is "We the people of the City of Los Angeles" who enacted the Charter, not the LA City council.
The city’s fundamental objection to our bylaws is our position that:
1. Charter Section 904. (f) prohibits the Mayor and City Council from restricting "the method by which the members of a neighborhood council are chosen",
2. Charter Section 904. (g) requires the city to allow neighborhood councils to "adopt fair and open procedures for the conduct of their business." We feel the fairest and most open method is to follow the Constitution and let the stakeholders vote to control their own council.
3. Charter Section 906. (a)(6) specifically allows stakeholders to vote on issues concerning their community and their Neighborhood Council.
The Charter is very clear that the D.O.N.E. Plan shall be in conformance with these positions. Specific quotes from the Charter are shown below:
Section 904. Development of the Neighborhood Council Plan.
904.(f) The Regulations shall not restrict the method by which the members of a neighborhood council are chosen, if the process otherwise satisfies the requirements of this Article.
904.(g) The Regulations shall require that neighborhood councils adopt fair and open procedures for the conduct of their business.
Section 906. Certification of Neighborhood Councils.
906. (a) By-Laws. Each neighborhood council seeking official certification or recognition from the city shall submit an organization plan and by-laws to the Department of Neighborhood Empowerment showing, at a minimum:
(6) guarantees that all meetings will be open and public, and permit, to the extent feasible, every stakeholder to participate in the conduct of business, deliberation and decision- making.
In spite of these clear directives in the Charter, the L.A. City Council created an ordinance (‘the Plan") that supersedes and overrides the Charter by prohibiting the stakeholders from voting on issues.
Fundamentally, the City Council has overturned the voter-approved Charter. As shown below, Section 104 of the charter clearly shows that the Charter overrides conflicting regulations, and makes the Mayor and Council subject to the restrictions set forth in the Charter.
Section 104. Restrictions on the Powers of the City.
104.The rights and powers granted by the Charter shall be subject to the restrictions set forth in this section or elsewhere in the Charter.
The Charter grants legislative authority to the City Council under Section 240, but specially prohibits the council and Mayor from interfering with the rights and actions specified in the Charter. As shown below, Section 240 only grants them authority for items not listed in the charter. This mirrors the Federal Constitution, which grants Congress the right to make laws not created in the Constitution.
LEGISLATIVE BRANCH
Section 240. Legislative Power.
240. All legislative power of the City except as otherwise provided in the Charter is vested in the Council and shall be exercised by ordinance, subject to the power of veto or approval by the Mayor as set forth in the Charter. Other action of the Council may be by order or resolution, not inconsistent with the duties and responsibilities set forth in the Charter or ordinance. Except as otherwise specifically provided in the Charter, the Council shall have full power to pass ordinances upon any subject of municipal concern.
The idea that the City Council can override the voter-approved Charter is without any legal merit. The fact that the City Council has passed an Ordinance that directly conflicts with the Charter, and has directed D.O.N.E. to attempt to enforce it, clearly indicates that the city wants Neighborhood Councils to be run by small groups of residents who will be relatively easy to control, and therefore to deny the majority of the Stakeholders any right to vote on local and regional issues that directly affect them and their neighborhoods.
A fundamental driving force in Valley secession is the desire of communities to control their own destinies. The Neighborhood Councils are supposed to empower the communities. The Charter must be followed and Stakeholders must control the destiny of the neighborhoods, not a few selected individuals.