Neighborhood Councils: Does City Hall Have Too Much Control?

When I have spoken with some recently- they are really angry—not just disappointed.  They expressed the opinion that their collective vision for what they conceived for the Neighborhood Councils was sinking into mediocrity. 

In my last article, I discussed the restraint that the LA City Attorney’s office was putting on my particular presentation at the LA Neighborhood Congress next Saturday, September 20 at City Hall. (By the way that issue was settled very amicably and the presentation will go ahead, so thank you City Attorney Darren Martinez!)   

I received a really thoughtful response from Greg Nelson-THE founding Father of the NC System, and Department of Neighborhood General Manager during the certification wave. (photo) 

As a Founder, Nelson gets both kudos and criticism.  This is true of most people who dare to try and change the status quo.  It is said, “Well he wrote the amendment so the NC’s have no power.” or “Why was BONC an afterthought?”     I must admit I really enjoy talking to him.  He was privy to all the public and private discussions.  He has some great stories … and he also is disappointed … although not angry. 

Here is a little background on this first Manager of the Department of Neighborhood Empowerment. Nelson is a "Valley dude." He grew up in North Hollywood at the "intersection" of Van Nuys, Sherman Oaks, and Studio City. He attended Riverside Drive Elementary School, Walter Reed and Robert A. Millikan Junior High Schools, Grant High School, Valley College, and San Fernando Valley State College (since renamed Cal State Northridge). He earned a BA by specializing in urban affairs. "It was during my early college years that I knew that I would be dedicating my life to doing something meaningful for my city," he said. 

From 1967 to 1970 he served in the U.S. Army, including one year in Vietnam with the 101st Airborne Division during the height of the war. He was awarded the Bronze Star, and completed his military duty as a Staff Sergeant. Reflecting on the experience, he said, "It made every problem that I faced seem minor in comparison. Now I don't have problems. I only have challenges." 

Greg started working for Joel Wachs on the councilman's first day in 1971. As the last one hired onto the staff, he started at the bottom. He said that eventually becoming the Chief of Staff wasn't complicated, "I just kept volunteering to do everything that nobody else wanted to do." 

While working for Wachs he composed City Charter amendments that created the new Department of Neighborhood Empowerment (Formerly DONE now called EmpowerLA) and the citywide system of neighborhood councils; required that city ballot measures be explained in simplified language in a special ballot pamphlet that is sent to all voters; initiated a landmark re-engineering of the city's antiquated purchasing system; and made it easier for the city to contract for services. 

He played a lead role in forcing the city to restructure its offer to subsidize construction of the Staples Center arena, thereby saving taxpayers tens of millions of dollars and setting a national precedent. "We were confident that, despite popular misperceptions, the city could have a showcase sports arena and supporting developments without the taxpayers' money," he said. "And in the end we were proven correct." 

He established and personally staffed an emergency response center in the Santa Monica Mountains during the devastating floods and mudslides in 1978. As a result of the experience, the City created the Emergency Operations Center and the Emergency Operations Organization shortly afterwards. 

And he served as the only city council aide on the Ad Hoc Committee on the Energy Crisis, comprised of leaders from business, labor, and government, that met everyday during the OPEC oil embargo to develop an emergency energy conservation plan. He was also the only Council Aid to work on the Ad Hoc Committee the last time we had a severe drought. 

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Obviously he is no light- weight. Mayor Hahn appointed him DONE GM in September of 2001.  Those were “heady years”.  He gathered like minded volunteers and they put forth what they euphemistically called “The People’s Lobby.”  In one year they certified fifty-two NC’s. 

In discussing my article, he pointed out several interesting things. The City Charter does not prescribe that there shall be Two Congress of Neighborhood meetings a year.  That quantity is mentioned in the Plan for a Citywide System of Neighborhood Councils. 

 The Charter does, however, mention other important things in the one sentence that makes up Section 901(c). 

It says that DONE shall arrange the Congress of Neighborhood meetings.  Originally, the Mayor and City Council included money in DONE's budget to do this. Former Mayor Antonio Villaraigosa cut it out, and forced the NCs to pay for it.  It is thought that he was fearful of the NC’s becoming too powerful.  Nelson commented, “ Who pays for it is not prescribed in law, but rather in practice.  I think that the Mayor and City Council should go back to funding the event(s).” 

The Charter refers to the event as a "meeting."  This is because in the motions that he wrote regarding the design of the NC system, they envisioned these being important events where NC members and stakeholders would meet to have their voices heard on the important citywide issues of the day.  In the beginning, the events had to be more like trade shows in order to get NCs connected with the city and each other. 

On the Brown Act issue he said, “Whenever groups of people meet at an event like this and cast straw votes, the City Attorney and others shouldn't take it too seriously regarding the Brown Act.  The Congress is not an official body of any sort.  It's like a town hall meeting.  Final decisions aren't being made.  Opinions are being solicited.  

“In reality, if issues were discussed and voted on, word would get out quickly what the vote was, and many people would give weight to it.  That's what Mayor Villaraigosa feared.  If we all waited for each NC to take a formal action on the matter, nothing would happen for years, if ever at all.  What's really needed is for one person to step up to the plate and organize the NCs around a particular goal or action.” 

 He further stated that what needs to be done is to ask the City Attorney how a group of people, that includes NC board members, attends these events as individuals and participate in straw votes.  How in the world can NCs discuss citywide issues, as the City Charter intended, without discussing big issues at events like the Congress? 

The City Attorney needs to say how NCs can discuss citywide issues, and that they will defend them against lawsuits.  Also, if the voting is done using the electronic pads or by a quick show of hands, who would know if a majority of board members voted on anything? 

Mike Feuer was a City Councilman.  According to Nelson, "He knows better than anyone that the Brown Act is violated daily by Council offices.  Most City Council committees have 3 members.  That means if any 2 of them, or if staff from 2 offices discuss an item privately, it violates the Brown Act, and that happens all the time.  Whenever the City Council votes to elect its president and other officers, there are extensive private discussions between the members.  Doesn't that violate the Brown Act? 

NC’s are told they are a City Agency.  Nelson says, NCs are NOT city agencies.  After the charter and the ordinances were passed, the city attorney said that because NCs were created by the city, the Brown Act covered them. Because of that, the Public Records Act and the Political Reform Act also applied.  In that sense only, they are treated like city agencies. 

 “The biggest problem with all City Attorneys” states Nelson, “ is that they have been driven by risk aversion.  Their singular goal seems to be to protect the city from lawsuits.  And the best way to do that is to do nothing.  

“There have been times when the City Council has ignored the advice of the city attorney.   City Attorney Feurer may remember some of them.  

“The City Attorney needs to act more like a private attorney and help its client achieve its goals.  It needs to lay out the pros and cons of each proposed action, and give its risk assessment.  If the chances are 1% that the City might get sued, maybe it's a chance worth taking.” 

The original “Plan” calls for NCs to be as independent as possible from City Hall.  The NCs need help from the City Attorney in charting a plan to accomplish that. 

The big issue for NC’s these days is agreeing on a policy to handle bullying, sexual harassment etc.  It has been discussed ad nauseam in articles In CityWatch, at NC Alliance Meetings and for almost six months at the BONC meetings.  I have written about the problem and still get correspondence from people who have no idea how to resolve the issue.  

BONC is voting on the first phase of what it hopes will be a fair policy at its meeting next week. 

I decided to ask the  “Guru” of NC’s what he thought.  He probably will ruffle some feathers by saying that more restrictions and rules on NC’s is not what are needed.  He said the interference happened when people, who simply weren't getting their way within their NC, complained to the City Council or BONC about problems that really weren't problems.  

Since the Council Members didn't care about the NCs, and BONC didn't have the responsibility or time to deal with day-to-day issues, they would just turn to the General Manager and say, "make the problem go away.  We should ask General Manager Grayce Liu what percentage of the complaints has merit? 

 Nelson stated, “Democracy is sloppy. 

To the extent that the problems involve city funds, DONE had to get involved in order to develop procedures to ensure that the public funds weren't being handled improperly. 

Here comes the hard part. 

The reason for most of the NC problems is because there is too much control from City Hall.  Even if someone at City Hall was smart enough to figure out how people should act when they get together, there is a big question as to whether or not they should impose it. 

If City Hall were able to resolve all disputes (rude people, etc.) there would be little reason for the people within NCs to learn how to get along.  All they would have to do is act like idiots and let someone else pick the winners and losers. 

This may be difficult to accept, but if an NC, despite training and third party evaluations, can't learn to get along and treat each other with respect, then the NC may have to fall into irrelevance until the public demands a change.  The laws do allow DONE and BONC to pull the plug on an NC that totally falls apart and cannot follow the rules of the system and the rules it has set for itself. 

Again, it's a question of what NCs are empowered to do.  If they are empowered to elect their own leaders, and govern themselves, then it won't all be smooth sailing.” 

Here’s what Nelson would like to see DONE and BONC do: 

1) Adopt the goal of empowering Neighborhood Councils, rather than trying to control them.  It isn't participatory democracy if City Hall is in control.  This means standing up to the elected officials who want DONE and BONC to crack down on neighborhood councils about whom their offices have received complaints and problems in order to make the headaches go away. 

2) Have both DONE and BONC present a report card to the ninety-five NC’s annually on what they have accomplished and how they have “empowered” the individual NC’s and the system at large. 

Greg Nelson retired from public service 2006.  He still continues to write and consult on City issues and now spends much of his time writing travel articles.  I appreciate his comments directed at something I have written.  I take issue with some of the founders who seem to feel that there should be no rules.  At the same time there is a small group of NC stalwarts who are so intent on rules that they forget about solving issues. 

This Neighborhood Congress has both sides covered.  I hope to see many of you there. 

As you can see … comments are always welcome!

(Denyse Selesnick is a contributor to CityWatch covering activities, policies and foibles in NC Land.  She is Co-Chair, Program Committee for the LA Neighborhood Congress to be held September 20 at City Hall, and a former officer and Board member of the Tarzana Neighborhood Council.  She can be reached at [email protected]) 

-cw

CityWatch

Vol 12 Issue 74

Pub: Sep 16, 2014