Grievance:
The SCNC violated BONC policy 2014-01.1 (Revised August 18, 2014)
http://empowerla.org/wp-content/uploads/2012/03/NC-AGENDA-POSTING-REQUIREMENTS_2014-01.1_revised-08-18-14.pdf as well as the SCNC bylaws and operating procedures with respect to the improper posting of the agenda for the August 7, 2017 special meeting.
I. The SCNC violated the posting requirement in the BONC policy by not posting the agenda to its website as required in item number 2 of that policy which states:
“2. Neighborhood Councils shall post agendas of all Board and Committee meetings on their web site or, on a page made available to them on the EmpowerLA web site. Such postings shall be Brown Act time compliant.” To be Brown Act time compliant posting of a special meeting agenda must be 24 hours in advance of the meeting. “Special meetings may be called at any time but notice must be received at least 24 hours prior to the meeting by all members of the body and by all media outlets that have requested notice in writing.” (See email from Webmaster indicating that the meeting agenda was not posted until 10:26 am on August 7th the day of the meeting.)
II. The SCNC violated its bylaws by failing to comply with the 24 hour posting requirement by not posting the agenda to its website as required in item number 8 of the BONC policy which states:
“8. These posting requirements shall be appended to and become a part of the bylaws of all current and future Neighborhood Councils and any violation of this policy may become the subject of a grievance.”
III. The SCNC did not post in compliance with the City of Los Angeles Neighborhood Council posting policy and therefore also violated Article VIII item 3 of its bylaws which states:
“Section 3: Notifications/Postings - Notice of a regular meeting shall be at least seventy-two (72) hours in advance of the meeting and at least twenty-four (24) hours in advance of a special meeting. At a minimum, meeting notices shall be posted in compliance with the Ralph M. Brown Act and in compliance with City of Los Angeles Neighborhood Council posting policy. An updated listing of the Neighborhood Council’s physical posting location/s shall be kept on file with the Neighborhood Council.”
IV. The SCNC agenda for the meeting referred to above was not set by the SCNC President and therefore the SCNC violated Article VIII item 3 of its bylaws which states:
“Section 2: Agenda Setting - The President shall set the agenda for each Council Board meeting.” (See email from President indicating that she did not set the agenda.)
V. The SCNC proceeded with the special meeting with full knowledge that the posting was not in accordance with BONC Policy and after a notice of cancellation was issued by its President. Therefore, the SCNC violated item 9 of the BONC policy referred to above which states:
“9. If a Neighborhood Council is notified by the Department prior to any Board or Committee meeting that a confirmed violation of this policy has been reported the Neighborhood Council shall repost in accordance with this Policy. If the scheduled meeting cannot be reposted in compliance with this Policy, the Neighborhood Council shall cancel the meeting and make reasonable efforts to inform its stakeholders. If it becomes necessary to cancel Board or Committee meetings Neighborhood Councils are encouraged to contact the City Attorney for further guidance.” (highlight added for emphasis).
In response to an inquiry on August 7th about the timing of the posting of the special meeting agenda I advised Semee Park: “I do not know but I did not do anything at all related to this “special meeting.” I have not had or responded to any communications regarding it. I am secretary and usually post to the website. As it was not there last night, I assume that the webmaster did it today as it was sent to him by Eric.” Upon the advice of Semee Park sent to the entire board (as documented in her email below), the President knowing that the posting was not in accordance with BONC policy cancelled the special meeting. (see eblast cancelling the meeting attached). A majority of the board proceeded with the meeting despite the cancelation.
“From: Semee Park [mailto:
semee.park@lacity.org]
Sent: Monday, August 7, 2017 3:19 PM
To: Semee Park <
Semee.Park@lacity.org>
Cc:
SCNC@empowerla.org
Subject: Special Board Meeting Posting
Dear Studio City NC,
It is recommended to cancel tonight's Special Board Meeting if the posting of the agenda did not occur according to the BONC posting policy.
http://empowerla.org/wp-content/uploads/2012/03/NC-AGENDA-POSTING-REQUIREMENTS_2014-01.1_revised-08-18-14.pdf
Posting of Special Meeting agendas must occur 24 hours prior to the meeting occurring, on both the Studio City's website and at the physical posting location. Agendas also must be submitted to
NCsupport@lacity.org 24 hours prior.
If there are any questions, please do not hesitate to reach out, as we are here to provide support to the Board.
Semee Park
Director of Neighborhood Council Operations
Department of Neighborhood Empowerment
14410 Sylvan St. 4th Floor
Los Angeles, CA 91401”
VI. The SCNC violated Article Thirteen of its operating procedures when it proceeded with a special meeting that was not called by a majority of its officers. Article Thirteen states:
“Special Meetings - Special or emergency meetings can only be called upon approval of a majority of the Officers of the Board, namely, the President, Vice President, Secretary, Corresponding Secretary and Treasurer.” Only the Vice President and the Corresponding Secretary participated in the calling of the meeting.
Requested action:
Education of the SCNC board on the need to comply with BONC policy and the SCNC bylaws and operating procedures. Removal of the minutes of the special meeting from the website because the meeting was in violation of BONC Policy and the SCNC bylaws. Provide assistance to the SCNC in reconciling conflicting provisions of its governing documents. As a board member I request that this matter go directly to a regional grievance panel.
NOTE:
Item 8 of the BONC policy referred to above specifically states that any violation of this policy may become the subject of a grievance. Item 8 states:
“8. These posting requirements shall be appended to and become a part of the bylaws of all current and future Neighborhood Councils and any violation of this policy may become the subject of a grievance.” (highlight added for emphasis).
The following information is directly from the empowerla website. Item number 3 requires posting of the AGENDA to the website 24 hours in advance of the meeting:
AGENDA POSTING
Per California’s Brown act, Regular Meeting agendas must be posted 72 hours prior to their start time and Special Meeting agendas posted 24 hours prior. Agendas must be shared in the following 5 ways before this deadline:
1. In the physical location(s) determined by your Council as outlined/stated in your bylaws
2. To the Board or Committee members expected to attend the meeting
3. On your Neighborhood Council’s website (if you have one)
4. To your email mailing list, and
5. To the City’s Early Notification System (ENS), which allows Angelenos to subscribe to agendas for the City meetings of their choice. To get your agenda posted to ENS, email it to
NCSupport@LACity.org with the name of your Neighborhood Council and the meeting title and date in the subject line (e.g., “Echo Park NC Regular Land Use Meeting Agenda Thurs 8/18”).
Do not forget, when you are creating an agenda, to include an email and phone number to contact if a stakeholder would like to request translation services or needs help with ADA accessibility issues.
The required legal language on agendas is:
1. Title II ADA language
2. Brown Act language regarding public access of records
3. An agenda item providing the opportunity for general public comment.
