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Reported by Cameron Flanagan, City and Community Leaders Converge to Guide Neighborhood Council Formation The third and largest ever meeting of the Los Angeles Citywide Alliance of Neighborhood Councils Forum convened his past Saturday at the Vermont street campus of Los Angeles Community College. Over 150 people were in attendance, with over 30 different areas represented. The event, organized by Bill Christopher, Founder of PLAN/LA and recent appointee to the Board of Neighborhood Commissioners (BONC); Mark Siegel, Executive Editor of the publication City Watch; and Coordinator Noah Modisett, provided guidance and inspiration to community organizers of Neighborhood Councils. Neighborhood Council organizers convened to address specific issues with a special appearance by Janice Hahn, Chair of the first ever City Council Committee on Education and Neighborhoods. Issues to be discussed included a review of the Department of Neighborhood Empowerment (DONE) application for certification, a presentation about the application of the City’s Ethics Ordinance to Neighborhood Councils, and a discussion about implications of the Brown Act for Neighborhood Councils, The event commenced with a presentation by Fran Reichenbach, organizer of the Franklin-Hollywood Hills Neighborhood Council (http://www.hollywoodneighborhoodcouncil.la). Reichenbach presented the Hollywood Social Contract between Hollywood and the City of Los Angeles. Reichenbach explained the purpose of the contract was to define the agenda of the Neighborhood Council for use in working with the City. Reichenbach encouraged all organizers to use the Hollywood Social Contract as a model agenda and challenged all Neighborhood Councils to formulate their own Social Contract. Reichenbach credited Ed Schwartz with having assisted with the creation of the Hollywood Social Contract and directed organizers to the website http://www.iscv.org/ for more information. The DONE certification application was the topic of highest interest discussed at the forum. Among the objections raised about the application were its 21-page length, as well as, the contents and structure of the questions within the application. A specific objection was raised regarding questions asking for a percentage figure because such questions might be easily manipulated. A petition objecting to the burdensome length of the application, as well as, probing questions regarding personal business of stakeholders (such as income level and sexual orientation) was prepared for all organizers’ signatures to be presented to the DONE in the name of all Neighborhood Councils. Organizers were encouraged to follow up with letters and phone calls to the Mayor and City Council voicing their discontent with the application. It was agreed that the General Manager of DONE would be given a chance to oversee the modification of the certification application. Bill Christopher, community organizer and recent BONC appointee, reminded the crowd that the application was "one part evolution, one part revolution." The crowd agreed to work through Janice Hahn to send the certification application back to the DONE to be reworked with a unanimous agreement by all attendees for an extension of the October 1, 2001 start date for submission of certification applications. A similarly engaging discussion with Lee Ann Pelham of the City Ethics Commission ensued regarding the instances where the City Ethics Code applies to Neighborhood Councils. When asked if the Ordinance does apply to Neighborhood Councils, Pelham replied saying that the Ethics Ordinance applies to Neighborhood Councils depending on the Board structure and whether or not the Board members of an Neighborhood Council are public officials. Pelham encouraged organizers to work with the City Ethics Commission and the City Attorney’s office to create a Financial Disclosure statement, which may be necessary depending on the structure of the Neighborhood Council. She went on to direct people to the Political Reform Act, which explains a conflict of interest and describes when Neighborhood Council participants are barred from voting. Pelham cited that in an instance of potential conflict of interest, people should seek advice from the City Attorney’s office. Where there exists a conflict of interest, a public disclosure statement would need to be filed. Pelham said the purpose of a disclosure statement was to provide the public information about ways a person might be influenced to vote based on benefits that person receives in terms of funding, gifts, etc. Pelham encouraged organizers to formulate individualized Codes of Ethics as part of their Neighborhood Council bylaws. She directed people to the City Ethics Commission website for answers: http://www.lacity.org/eth or to email her directly with questions at lpelham@ethics.lacity.org. Gwen Poindexter, Assistant City Attorney, joined the discussion about the Brown Act and legal liabilities pertaining to Neighborhood Councils. Poindexter outlined pertinent provisions of the Brown Act that relate directly to Neighborhood Councils. She stated the provisions of the Brown Act bind Neighborhood Councils because the Neighborhood Council organization was created from the City action of establishing the DONE, which gives legitimacy to Neighborhood Councils. Poindexter said it was of foremost importance that stakeholders understand the reason a vote was taken and a decision rendered. She said the Brown Act governs the operations of a committee and requires openness of meetings, and an incorporation of time and place of meetings in the bylaws. Poindexter cautioned organizers about private lobbying of others during social occasions and "serial meetings" such as phone calls that result in a decision. She said the City Attorney’s office would deal with specific issues on a case-by-case basis. Poindexter analogized the Neighborhood Councils to Design Review Boards in the sense that both act in advisory capacities and are under the jurisdiction and indemnification that City workers enjoy while working in an official organizational capacity. Poindexter agreed to research a request made by the audience to know if volunteers would be indemnified under the "Good Samaritan" law. Attorney, Neighborhood Council organizer, and community activist, Ricardo Gomez proceeded to request a definitive opinion from the City Attorney’s office regarding third party liability issues. Gomez was specifically concerned about instances of volunteers working on a project for their Neighborhood Council, such as tree plantings and landscaping a City median. Gomez referred to the Silver Lake lawsuit filed by an accident victim against volunteers working on landscaping an area median. Gomez said the cost to volunteers to defend themselves in the lawsuit was a financial hardship and could have been avoided had there existed a City Ordinance specifically addressing third party liability. Gomez challenged the Assistant City Attorney to give a specific opinion regarding these two issues. Poindexter stated she needed all the relevant facts of the case and would render an opinion upon factual review by her office. She recommended that Neighborhood Councils contract to have the City do work and Neighborhood Council volunteers only act I an advisory capacity in order to mitigate any liability. Most organizers applauded one attendee’s call for an ironclad guarantee that citizens be protected while working on behalf of their local Neighborhood Council. The highlight of the event was an appearance by the dynamic Janice Hahn, who provided her perspective about the implementation of the Plan for a Citywide System of Neighborhood Councils. Hahn encouraged the attendees to continue organizing and pointed to the success of other Neighborhood Councils throughout the country. She reminded the crowd to remember the reasons they are working to form Neighborhood Councils and to forge ahead. Hahn stated she is looking forward to an appointment of a General Manager to the DONE who "gets it" (their job) and does not fall prey to the bureaucratic process. She commented about the DONE certification application, stating, "if DONE had been required to fill out such an application, DONE would not exist". Hahn expressed her disappointment with the application length and the lack of input from forming Neighborhood Councils. She agreed to fight for pre-certification funding for outreach in organizing areas. Hahn pledged to hold an emergency meeting of the Committee on Education and Neighborhoods with the intention of sending the certification application back to the DONE to be revised, setting a date for the implementation of the Mayor’s 7-Point Initiative for Neighborhood Councils, postponing the start date for submission of certification applications, and requesting more DONE assistance centers for organizers to have more resources available to form their individual Neighborhood Councils. Concerned citizens and community organizers were encouraged to attend. Details of the meeting will be available at http://www.citywatchla.com/. One organizer commented that Hahn was "a breath of fresh air" and several other community leaders echoed this sentiment as well. The event concluded with a panel of experienced individuals who have directed established Neighborhood Councils in the areas of South Robertson, Miracle Mile, South Central Los Angeles and the Pacific Palisades. Susan Bursk, President of the South Robertson Neighborhood Council, cited resources to aid forming Neighborhood Councils in establishing financing independent from the City. She directed people to http://www.soro.org/ for a more detailed list of funding sources. Wally Marks, President of the Miracle Mile Civic Coalition, described the Miracle Mile organization as a "mutual benefit association" and emphasized genuine communication between the City Council and organizations. Victor Nahmias, from the 8th District Empowerment Congress for South Central Los Angeles, reflected on the various ways during the past ten years his organization has helped unite South Central Los Angeles during tough times and to enhance the community development while keeping out undesirable elements. He encouraged organizers to try various ideas and conceded that having the support of your local City Council person helps with continuing community-related organizing efforts. Final panel speaker, Jack Allen, a retired City Attorney, was the most senior organizer of a Neighborhood Council-related organization. Allen encouraged the organizers to wait to apply for certification until the Plan for a System of Neighborhood Councils is revised. Allen covered the structure of the Pacific Palisades Board and recommended organizers read the Handbook for Neighborhood Councils located at http://www.nhoodla.org/ for more detailed guidance in forming their individual Neighborhood Councils. |
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