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

Benjamin

Last Name

Pezzillo

Please identify your role within the Neighborhood Council system:

Committee Member

Phone Number

(213) 448-8266

Email Address

benjamin.pezzillo@gmail.com

Mailing Address

Neighborhood Council

Los Feliz

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

XIV

Section

Los Angeles Administrative Code

Section

Plan for the Citywide System of Neighborhood Councils

Section

Board of Neighborhood Commissioners Policy

Please state Policy below

Code of Conduct

Department Policy

Please state Policy below

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

Date of Alleged Violation

11-20-18

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

Retaliation for protected speech contrary to public policy.

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

I. At its public meeting of November 20, 2018, the Los Feliz Neighborhood Council violated Article XIV of its Bylaws by:

A. The Executive Committee�s evasion of Article V, Section 8 of its Bylaws when it officiated a de facto Censure of the Grievant

B. The Executive Committee�s evasion of Article V, Section 9 of its Bylaws when it officiated a de facto Removal of the Grievant

C. The Executive Committee�s evasion of Article VII, Section 3(b) of its Bylaws when it officiated a de facto Removal of Committee Member [the Grievant]

II. On or before November 17, 2018, the Los Feliz Neighborhood Council violated Article XIV of its Bylaws when the Vice President for Administration exceeded the authority of Article VI, Section 2(b) of its Bylaws by initiating an ad hoc investigation inconsistent with the process outlined in Article XI, Section 1 of its Bylaws. Said investigation became the cause for the public discussion and actions taken against the Grievant as outlined in Paragraph I (above).

III. On or before November 20, 2018, the Los Feliz Neighborhood Council violated Article XIV of its Bylaws when a majority of a quorum of the members of its Executive Committee engaged in Serial Communications related to Agenda Item #6 of its November 20, 2018, Executive Committee meeting in violation of Article II, Section B (7) of its Bylaws. Said communications include, but are not limited to, email(s) of November 19, 2018, between Grievant, the President, and the Vice President for Administration. Said communications include, but are not limited to, verbal conversations on or about November 7, 2018, between the President, Vice President for Administration, and Vice President for Communication.

IV. On or before November 20, 2018, the Los Feliz Neighborhood Council violated Article XIV of its Bylaws when its Executive Committee failed �to provide an inclusive, open forum for public discussion� as required of Article II, Section B (1) of its Bylaws prior to taking actions against the Grievant as outlined in Paragraph I (above). Including, but not limited to, the Grievant�s request for a due process investigation into the allegations promulgated by the Vice President for Administration.

V. On or before November 20, 2018, the Los Feliz Neighborhood Council violated Article XIV of its Bylaws when its Executive Committee failed �to respect the dignity and expression of viewpoints� of the Grievant pursuant to Article II, Section B (2) of its Bylaws when it acted, as described in Paragraph I (above), based upon the Grievant�s protected free speech.

VI. On or about November 6, 2018, the Los Feliz Neighborhood Council violated the Neighborhood Council Board Member Code of Conduct when its President engaged in bullying directed at all Board Members and Committee Chairs via an email likely to evoke emotional distress through the President�s emphasis on the criminal ramifications of violating the Ralph M. Brown Act even when no such successful criminal prosecution has ever occurred.

VII. On or before November 20, 2018, the Los Feliz Neighborhood Council violated public policy when its Executive Committee retaliated against the Grievant, through the actions described in Paragraph I (above), for the Grievant�s communication of the email(s) described in Paragraph VI (above) to the elected City Attorney for the City of Los Angeles.

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.

This board's officers acted in a retaliatory manner against a Committee Chair who questioned their authority and repeatedly pressed for them to identify the policy and authority used to support their actions.

The Committee Chair should be re-instated and the actions of the Board of November 20, 2018 should be expunged from the record.

The entire Board needs to be trained on retaliation for protected activity and should not be empowered to take further action until such time that mandated trainings are taken.

Until such time that the Board can act without retaliation for protected activity, it should placed under the control and supervision of the Department.

The President and Vice President for Administration should be suspended for no less than 90 days for retaliating against protected activity.

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

Last Name

Email Address

Phone Number

Witness Statement

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

Pezzillo_LFNC_11212018.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.

Benjamin Pezzillo

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

NC Determination

Panel Determination

Created on Nov. 23, 2018 at 8:14 AM (PST). Last updated by Briceno, Lorenzo on Sept. 1, 2021 at 9:54 AM (PDT). Owned by Anonymous.

Anonymous

Lorenzo Briceno

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