Syn. No. 62

11/16/99

Honorable Board_of Supervisors
County of Los Angeles
383 Kenneth Hahn Hall of Administration
500 West Temple Street
Los Angeles, California 90012

Re: Unclassified Service - Ordinance Prohibiting Discrimination and Providing for Administrative Review Upon Removal

Dear Supervisors:

At your Board's November 16 meeting we were instructed to draft an ordinance, which we have submitted under separate cover, to place on the March, 2000 ballot a Charter amendment expanding the County's unclassified service.

In connection with that action, we were also requested to provide an ordinance which would, while preserving the at-pleasure employment status of unclassified employees, affirm the County's anti-discrimination policies with regard to such employees and provide a process for administrative review in the event of alleged removal from an unclassified position because of prohibited discrimination.

The enclosed draft ordinance (1) states the at-pleasure status of employment in the County's unclassified service, (2) declares the County's policy prohibiting discrimination against unclassified employees on account of race, color, religion, sex, national origin, sexual orientation, age or disability, and (3) provides a process for administrative review by the Chief Administrative Officer
and Director of the Office of Affirmative Action Compliance in the event of removal for alleged discriminatory reasons.

The administrative review process established by the ordinance would, if adopted, be applicable to all unclassified employees appointed under Section 33
of the County Charter, including persons who may be appointed in the future

under authority of the proposed Charter amendment if it is placed on the ballot and approved by the voters.

Very truly yours,

LLOYD W. PELLMAN

By
DONOVAN M. MAIN
Senior Assistant County Counsel

APPROVED AND RELEASED:

LLOYD W. PELLMAN
County Counsel

DMM:mr
Enclosure

c: David E. Janssen
Chief Administrative Officer

Michael J. Henry
Director of Personnel

Dennis A. Tafoya
Director, Office of Affirmative Action Compliance

Joanne Sturges
Executive Officer, Board of Supervisors

ANALYSIS

This ordinance adds Chapter 2.07 to Title 2 - Administration of the Los Angeles County Code relating to the County's unclassified service.
The ordinance (1) states the at-pleasure status of employment in the unclassified service; (2) declares the County's policy prohibiting discrimination on account of race, color, religion, sex, national origin, sexual orientation, age or disability; and (3) provides a process for administrative review by the Chief Administrative Officer and Director of the Office of Affirmative Action Compliance in the event of removal for alleged discriminatory reasons.
LLOYD W. PELLMAN
County Counsel

By
DONOVAN M. MAIN
Senior Assistant County Counsel
DMM:mr
11/19/99

ORDINANCE NO. ________ DRAFT

An ordinance amending Title 2 - Administration - of the Los Angeles County Code to add Chapter 2.07 relating to the unclassified service.
The Board of Supervisors of the County of Los Angeles ordains as follows:
Section 1. Chapter 2.07 is added to Title 2 - Administration - of the Los Angeles County Code, to read as follows:
Chapter 2.07
UNCLASSIFIED SERVICE
Sections:
2.07.010 Service at pleasure of appointing authority.
2.07.020 Discrimination prohibited.
2.07.030 Administrative review.

2.07.010 Service at pleasure of appointing authority. Each person appointed to a position in the unclassified service, as authorized by Section 33 of the Los Angeles County Charter, serves at the pleasure of his or her appointing authority and may be removed at any time at the discretion of the appointing authority, with or without cause. Nothing contained in this or other titles and chapters of this Code shall alter or otherwise be construed to affect the at-pleasure employment status of any person employed in a position within the unclassified service.

2.07.020 Discrimination prohibited. It is the policy of the County of Los Angeles that persons employed in the unclassified service shall not be subject to removal or otherwise discriminated against because of race, color, religion, sex, national origin, sexual orientation, age or disability. Persons employed in the unclassified service shall have, in addition to the right to seek redress for any such discrimination as provided by state or federal law, the administrative review provided by this chapter
2.07.030 Administrative review. A person who has been removed from an unclassified position, who believes such removal was based upon race, color, religion, sex, national origin, sexual orientation, age or disability, may request review by the chief administrative officer and director of the office of affirmative action compliance, and reconsideration by the appointing authority. Any such request shall be submitted in writing, with all supporting documentation, within ten (10) calendar days from the date of removal. The chief administrative officer and director of the office of affirmative action compliance shall review the matter and submit a joint report, within thirty (30) calendar days from the date of receipt of the request for review, to the person, the appointing authority and the board of supervisors. The appointing authority shall, within twenty (20) calendar days from receipt of the joint report, affirm or rescind the removal and provide written notice to the person, chief administrative officer, director of the office of affirmative action compliance and the board of supervisors. The decision of the appointing authority shall be final.

UNCLASSIFIED SERVICE ORDINANCE