Grievance

Department of Neighborhood Empowerment Grievance Form

Thank you for contacting the Department of Neighborhood Empowerment regarding your Grievance. Your concerns are important to us. Please fill out this form as completely as possible to help expedite our determination. Please be aware that the information you are submitting is subject to the California Public Records Act.

We will NOT be able to respond to your Grievance unless you provide a valid email or mailing address.
Please note that once you click Save at the upper right corner, your Grievance will be submitted.

All witness statements must be attached on this form.

The Department will not process more than three Grievance Forms filed by the same person in any calendar year and no more than five Grievance Forms filed by the same individual in any three year period. All Grievances submitted through this portal are considered processed.

First Name

ALEX

Last Name

HERTZBERG

Please identify your role within the Neighborhood Council system:

Stakeholder

Phone Number

(323) 653-4800

Email Address

alex@sp-dtla.org

Mailing Address

645 West 9th Street Unit 110-386, Los Angeles, California 90015

Neighborhood Council

Downtown LA

Neighborhood Council Bylaws

Specific Violation Alleged

Failure to indicate the nature of your alleged Grievance will result in the dismissal of your Grievance.

Neighborhood Council Bylaw

Article Number

XI

Section

Los Angeles Administrative Code

Section

Plan for the Citywide System of Neighborhood Councils

Section

Board of Neighborhood Commissioners Policy

Please state Policy below

Department Policy

Please state Policy below

* - Any other City code, executive directive, rule or regulation applicable to Neighborhood Councils.

Date of Alleged Violation

04-12-16

A Grievance must be filed within 30 days from the date of the event giving rise to the Grievance. Any Grievance alleging a violation relating to Neighborhood Council funding must be filed within 90 calendar days of the date the expenditure is made.

Please state below

Please specify the exact rule and explain the facts of the alleged violation.

Article XI, Section A of the DLANC Bylaws states: �Any grievance by a Stakeholder must be submitted in writing to the Board who shall cause the matter to be placed on the agenda for the next regular DLANC meeting.�

A �writing� (attached hereto) entitled Grievance Pursuant to DLANC Bylaws; Demand for Cure or Correction Pursuant to Brown Act (�Original Grievance�) was submitted to the Board on March 15, 2016. Although submitted in accordance with all of the published terms and conditions of DLANC Article XI �Grievance Process,� the matter was not placed by the Board on the agenda for the next regular DLANC meeting.

On March 29, 2016, Alex Hertzberg (Witness Statement attached) was advised by a DONE employee that although the Original Grievance was prepared and submitted in compliance with Article XI of the DLANC Bylaws, it does not meet the requirements of Los Angeles Administrative Code section 22.818 which sets forth a Grievance Process that is substantially different from the process stated in the DLANC Bylaws. Specifically, the Bylaws do not state a time limit for submitting the �writing� or that the �writing� must be on a specific form. They also do not state that the grievance must first be submitted to DONE.

By failing to place the duly submitted Grievance on the April 12, 2016 Agenda, the DLANC has violated its stated Bylaws, which is a basis for filing a Grievance pursuant to LAAC section 22.818.

Remedy

There are various remedies available. Please select from the list below the remedy OR remedies you are seeking.
Please be advised that the Department has sole discretion in determining whether your remedy conforms with your Grievance.

From the list below, which remedy or remedies are you seeking?

1) Warning to the Neighborhood Council board, individual board member, or, members.

2) Required corrective action of the Neighborhood Council.

3) Mandated training for the Neighborhood Council, individual board member, or, members.

4) Required mediation for the Neighborhood Council board, individual board member, or, members.

5) Suspension of Neighborhood Council board until mandated trainings are taken by board, board member, or, members.

6) Temporary suspension of Neighborhood Council Funding.

7) Placement of the Neighborhood Council board under control and supervision of the Department.

8) Suspension of individual board member or members.

9) Initiation of de-certification process or process to declare board seats vacant.

Please state why you are seeking the above mentioned remedy or remedies.

Based on the foregoing facts, the DLANC should be ordered to follow its Bylaws as currently stated and place the Original Grievance on the next regular Board Meeting Agenda to be handled in accordance with the Grievance Process stated in Article XI. Alternatively, because Grievants had no reasonable notice of any pre-Grievance Process requirements or time limits, then (1) the Grievance they filed with the DLANC on March 15, 2016 and again on the DONE form on April 15, 2016 should be ruled �nunc pro tunc� as timely under LAAC section 22.818, or (2) the 30-day time limit stated in that section should be deemed tolled during the time during which Grievants had no reasonable notice of any requirements other than and in addition to those stated in the DLANC Bylaws so that the 30-days stated in LAAC section 22.818 runs from the date of such actual notice on March 29, 2016. In addition, the DLANC should be required to amend Article XI of its Bylaws to conform to and give Stakeholders reasonable notice of the requirements of LAAC section 22.818 and DONE�s Grievance Forms.

Witness Information

ALL of your Witness information and Witness Statement needs to be included at this time. The Department will ONLY accept and review Witness information included at time of submission.
You can find the Witness Statement form here.

Witness 1 Contact Information

First Name

ALEX

Last Name

HERTZBERG

Email Address

alex@sp-dtla.org

Phone Number

(323) 653-4800

Witness Statement

1 - AOH WITNESS STATEMENT - 2nd grievance - FINAL.pdf

Witness 2 Contact Information

First Name

Last Name

Email Address

Phone Number

Witness Statement

Witness 3 Contact Information

First Name

Last Name

Email Address

Phone Number

Witness Statement

If no witness, please check this box

Supporting Documents

Before submitting, please include ALL supporting documentation HERE. The Department will ONLY process and review materials included at time of submission. NOTE: The Department will only review up to 10 pages submitted. Any information submitted past 5 pages will not be taken into account.

Supporting Document

SPDTLA GRIEVANCE AND DEMAND Final 1.pdf

I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct.

By checking this box and typing my name below, I am electronically signing this form.

ALEX HERTZBERG, as Executive Director SP-DTLA

To SUBMIT, please click "Save" on top right corner.

NC Determination

Panel Determination

For which table?

Client Performance Report

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Email addresses



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