ANALYSIS

This ordinance would call a special election to be held on November 7, 2000, for the purpose of voting upon an amendment to the Los Angeles County Charter which would increase the membership of the Board of Supervisors from five to nine, effective the first Monday in December 2002. The proposed charter amendment provides cost containment of expenditures for the Board and its staff. The ordinance also directs the consolidation of the election with the statewide general election to be held the same day.

LLOYD W. PELLMAN
County Counsel

ORDINANCE NO. ______

An ordinance calling a special election to be held on November 7, 2000, throughout the County of Los Angeles for the purpose of voting upon an amendment to the Los Angeles County Charter and directing the consolidation of the election with the statewide general election to be held on the same day.
The Board of Supervisors of the County of Los Angeles ordains as follows:
SECTION 1. Call of Election and Purpose. A special election is hereby called, proclaimed and ordered to be held on November 7, 2000, for the purpose of voting upon a proposed amendment to the Charter of the County of Los Angeles.
SECTION 2. Resolution Establishing Form of Proposition. The exact form of the Proposition as it is to appear on the ballot and the complete text of the proposed Charter amendment is as follows:

PROPOSITION ______

In order to provide for the division of Los Angeles County into nine supervisorial districts and to provide for the designation and election of persons to serve as supervisors representing such districts, Sections 4, 5, and 6, 7 of the Charter of the County of Los Angeles shall be amended.
The amendments shall become operative at noon on the first Monday in December 2002, provided that the boundaries of the nine supervisorial districts shall have been established in accordance with the provisions of California Elections Code Division 21, Chapter 6, Sections 21500–21506, and shall have been precleared in accordance with the terms and conditions set forth in the Stipulation and Order Designating Los Angeles County for Coverage under Section 3(c) of the Voting Rights Act, 42 U.S.C. 1973a (c), dated April 25, 1991, in the case of Garza v. County of Los Angeles.
First: Section 4 of the Charter of the County of Los Angeles is amended to read:

Section 4. The County of Los Angeles shall have a Board of Supervisors consisting of nine members, each of whom must
be an elector of the district which he represents, must reside therein during his incumbency, must have been such an elector for at least thirty days immediately preceding , the filing of the candidate’s nomination papers, and shall be elected by such district. No person while a member of the Board of Supervisors shall receive any compensation, in addition to that provided for by this section, for services rendered to any public or governmental entity. They shall each receive as compensation for their services a salary, payable monthly from the County Treasury, which shall be the same as that now or hereafter prescribed by law for a judge of the Superior Court in and for the County of Los Angeles, except that retirement benefits shall be those now and hereafter provided by law for officers and employees of the County of Los Angeles. They shall devote all their time during business hours to the faithful service of the public.

Second: Section 5 of the Charter of the County of Los Angeles is amended to read:

Section 5. The County of Los Angeles is hereby divided into nine supervisorial districts, the boundaries of which shall be established as provided in this Charter.

Third: Section 6 of the Charter of the County of Los Angeles is amended to read:

Section 6. At the general election held in November 2002, and every four years thereafter, supervisors shall be elected from the First, Third, Sixth, Seventh, Eighth and Ninth Supervisorial districts, whose terms shall be four years, beginning at noon the first Monday in December following their election, and ending at noon on the first Monday in December, four years thereafter; provided that each shall hold office until his successor is elected and qualified.
At the general election held in 2004 and every four years thereafter, supervisors shall be elected from the Second, Fourth and Fifth districts, whose terms shall be four years, beginning at noon on the first Monday in December following their election, and ending at noon on the first Monday in December, four years thereafter; provided that each shall hold office until his successor is elected and qualified.

Fourth: In the event that the amendments to the Los Angeles County Charter contained in this Proposition do not become operative on the first Monday in December 2002, because they have not been precleared or because of the actions of any court, legislative or other body, or for any other reason, the provisions of the County Charter in effect on November 6, 2000, shall remain in full force and effect.
Fifth: If any provision of this measure, or its application to any person or circumstance, is held invalid, the remainder of this measure, to the extent it can be given effect, or the application of such provision to persons or circumstances other than those as to which it is held invalid, shall not be affected thereby, and to this extent the provisions of this measure are severable.
Sixth: Subsection 2.1 is added to Section 10 of the Charter of the County of Los Angeles to read:
2.1 The budget adopted by the Board in Fiscal Year 2003– 2004 for its staffing and operations including the staffing and operations of the Executive Office of the Board and any other agency which provides ancillary support services for the operation of the Board shall become a benchmark. In each subsequent fiscal year, the amount budgeted for such staffing and operations shall not exceed nor be less than the benchmark, subject to an increase limited to the cost of living.
SECTION 3. Consolidation. The special election shall be consolidated with the statewide general election to be held on Tuesday, November 7, 2000. The Proposition shall be placed upon the same ballot as that provided for the general election. The precincts, polling places and precinct board members shall be the same as provided for the statewide general election.
SECTION 4. Proclamation. Pursuant to Section 12001 of the Elections Code, the Board of Supervisors of the County of Los Angeles hereby PROCLAIMS that a special County-wide election shall be held on Tuesday, November 7, 2000, to vote upon the Charter Amendment described in Section 2 of this Ordinance.
SECTION 5. Effective Date. Pursuant to Section 9141 of the Elections Code and Section 25123 of the Government Code, this Ordinance shall take effect upon the adoption thereof.
SECTION 6. Authority. This Ordinance is adopted pursuant to Sections 23730 and 23731, of the Government Code, and Sections 12001 and 9141 of the Elections Code.
SECTION 7. Publication. This Ordinance shall be published once before the expiration of fifteen (15) days after its passage in a daily newspaper of general circulation, printed, published and circulated in the County of Los Angeles pursuant to Government Code Section 25124.
The Executive Officer-Clerk of the Board of Supervisors is ordered to file a copy of this Ordinance with the Registrar-Recorder at least eighty-eight (88) days prior to the day of the election.