July 22, 2003

Portion of the Appeal of Northridge Neighborhood Council against BONC.

We are appealing the Board of Neighborhood Commissioners’ (called BONC) refusal to certify the Northridge Neighborhood Council.

We wholeheartedly support the Neighborhood Council program, as set forth in the enabling legislation

The testimony by the Department of Neighborhood Empowerment (DONE) against our council did not permit BONC to consider our application in a fair and impartial manner. DONE’s report to BONC does not accurately describe the intent or actual writings of our bylaws or provide BONC with a complete and accurate picture of who we are or what we have done since our application was filed. DONE’s subjective requirements, often demanded only of our Council, are not backed by the laws requirements and many are in direct violation of Actions approved by this City Council’s and require that BONC findings be reversed.

We request the Los Angeles City Council to refer this appeal to the Neighborhoods and Education Committee and possibly use the city attorney's mediation service to bridge the gulf between Northridge Neighborhood Council and DONE.

Enabling legislation

In 1996 Joel Wachs introduced a motion creating the Neighborhood Councils, which was ultimately approved by the full city council on 8/21/00 as File Number 96-1157 and issued as Chapter 28 Section 22 of Los Angeles City ordinances. This motion clearly states that the Neighborhood Councils are to be independent of city government. Let me read you statements supporting that independence from your motion:

"If there's one clear message throughout the city, it's that people want to be heard. They have something to say. They want a chance to participate. They want to feel they can make a difference and make things better."

"It must start with the City Council formally empowering each of our City's neighborhoods to form their own neighborhood Council, which in turn selects its own leaders, determines its own priorities, and reflects the broad diversity of its community."

"Each neighborhood council will adopt its own by laws and procedures for selecting its representatives... and of selecting their own leaders in whichever manner they choose."

"The key to the success of the neighborhood councils must be their independence from City Hall, and their ability to truly represent the diverse interests of their community."

"Unlike other city sanctioned community groups, representatives would not be appointed by governmental official, and their structure would not be designed by City Hall. Instead, the Councils’ mandates would come directly from their neighbors."

"THEREFORE MOVE that the Governmental Efficiency Committee develop and present to the City Council for adoption a plan to fundamentally reform city government through the establishment of independent neighborhood councils as hereinabove described."

DONE is not following the same vision as you established for it, DONE has gone off the path you created for it, providing confusion and frustration throughout the city’s neighborhood groups

Your "clear message" is being ignored by DONE. What you gave the neighborhoods, as independence is far different from what DONE now demands as total control of the neighborhood councils and their election procedures.

DONE also demands absolute control of any dispute resolution without any appeal process. Many of the ‘disputes’ will involve DONE, how can they be expected to a party and the Judge of their actions at the same time? We used an independent third party in our Bylaws and a possible action in the courts just like our route of appeal on this matter before you.

Without the benefit of any law passed by this City Council, DONE wants to rewrite the City Election code. In their draft election procedure to be forced on the councils, they demand that anyone can vote in the election without pre-registering as called for under the LA Election Code. They want unlimited absentee ballots without any way to verify they are from stakeholders. This creates the election disasters that DONE has in Van Nuys, Venice and Encino about which you have seen so much press coverage.

The actions by DONE are untenable. DONE’s draft rules allow them to take over any council, remove the council’s elected leaders and replace them with leaders approved by DONE.

DONE has destroyed the independence of the councils and the high-minded approach of sharing power with the Neighborhoods taken by you the City Council. Under DONE the councils have no independence and have become part of the City Government.

I submit that DONE violates the Charter, the ordinance and the written intent of this council.

DONE’s sole job was to certify the councils under Title 28 Sec. 22.811 and that the Councils are open because they follow the Brown Act and the Public Records Act. This is all the Charter and the Ordinances require.

What is certification?

Let’s first look at certification. The State certifies accountants as Certified Public Accountants. They test them and require them to operate under various professional standards. Certified Public Accountants do not become part of the state government.

All other groups that are certified are just that. Certification creates a standard of conduct for the community to rely upon.

DONE has hijacked the neighborhood councils instead of certifying them. They have killed their independence and made them a part of the city government.

Bylaws

Our bylaws are totally compliant with the Title 28 Sec. 22.811, Certification of Neighborhood Councils. In addition, we have met every DONE request for bylaw changes, which do not have the force of Law, with the exception that we refused to allow registration at the polling place during the election and to give DONE absolute control to settle all grievances within the council.

Summary

You will hear from other members of the Northridge Council on our outreach, who our elected directors are, and DONE’s extra "effort to help" our council.

We respectfully request the Los Angeles City Council refer this appeal to the Neighborhoods and Education committee to review DONE’s rules and procedures that are stripping away the independence of the councils and conform then to City law.

The independent Neighborhood councils were created to stop secession. If the independence of these councils is destroyed by DONE, then secession will rise from the ashes and demand the breakup of the entire city.

To keep LA together we must have independent Neighborhood Councils.

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