HERES WHAT WERE BASING OUR COMPLAINT TO DONE ON: To those who assert that the amendments to the Los Angeles Administrative Code on March 5, 2010, specifically LAAC Section 22.810.1(b)(2)(C)(iii)(2), requires (or even allows) Neighborhood Councils or the DONE to disregard any terms prior to 2010 in counting up terms to reach the limit, and thereby render a candidate in 2014 eligible, when including terms prior to 2010 would render them ineligible, I refer them to the plan language of the statute: “ Terms of members of the governing body shall be for two or four years, to be decided upon by individual Neighborhood Councils. Neighborhood Councils may limit the total number of terms that a member of the governing body may serve, if the term limitations are set forth in the Neighborhood Councils bylaws after the effective date of this ordinance.” Id. There is no indication whatsoever therein limiting when the terms being counted for purposes of imposing the limit should commence. As long as the bylaws contain a limitation of voting members numbers of consecutive terms “after the effective date of the ordinance” the bylaws are a valid exercise of the authority given the Neighborhood Councils (NC). If an NC wanted, for terms of counting the terms, to begin counting in 2010, it has the discretion to do so. The intent is to “empower” the Councils. That intent is also reflected in three postings by “Jose” on the EmpowerLA website last year, specifically on August 16, 23, and 31, 2013. a. The Board of Neighborhood Commissioners (BONC) conducted a survey requesting input from Neighborhood Councils and their members concerning nine motions originating from the Commission’s review committees. Item 4, paragraph d, specifically refers to term limits. On each of the three dates the same language is repeated: “The City of Los Angeles should not require Neighborhood Councils to impose term limits. It should be left to each Neighborhood Council’s discretion.” The STNC bylaws do not state that the counting of term limits should or would begin starting in 2010. Any assertion to that effect or exercise of authority to implement such a rule would not leave the imposition to the discretion of the Neighborhood Councils. It would in fact render that portion of the bylaws of those Neighborhood Councils imposing term limits for “consecutive years” meaningless – thereby violating a cardinal rule of construction: to give all parts of an instrument meaning to the extent possible.
Posted on: Sat, 01 Feb 2014 01:27:39 +0000
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