CIVIL SERVICE COMMISSION
§ 3.03.100 POWERS AND DUTIES.
The Civil Service Commission shall have the following powers and duties:
A. Act in an advisory capacity to the City Council on matters pertaining to the Civil Service System; B. Hear appeals or grievances of any officer or employee under the Civil Service System who is suspended, demoted or removed and report in writing its findings and conclusions; C. Examine witnesses under oath and compel their attendance or the production of evidence before it by subpoenas issued in the name of the City and attested by the City Clerk; and D. Recommend new or amended Civil Service Rules consistent with the City Charter and Civil Service System, holding public hearings thereon before presentation to City Council for approval.
E. Periodically, at the discretion of the City Council, make a study of salaries being paid by other public and private agencies, in order to ascertain whether the salaries being paid City employees for similar work are comparable, fair and reasonable and make recommendations with respect thereto to the City Council;
F. Perform such other duties with respect to the Civil Service System, not inconsistent with the City Charter or this Code, as may be prescribed by ordinance, resolution, City Council policy or other City Council action.
(Ord. No. 2011-005 § 1 (part))
CULTURAL AFFAIRS COMMISSION
§ 3.03.200
POWERS AND DUTIES.
The Cultural Affairs Commission shall have the following powers and duties:
A. Act in an advisory capacity to the City Council on matters pertaining to the enrichment of the community through fine arts, visual arts, performing arts, arts education, historic preservation and cultural issues; B. Serve as an advocate for cultural activities and programs within the City; C. Serve as an advocate for equity, diversity and inclusion in cultural activities and programs within the City; D. Implement the City's Public Art Program, and encourage the integration of cultural affairs into the social and economic fabric of the City to improve the quality of life for City residents; and E. Perform such other duties, not inconsistent with the City Charter or this Code, as may be prescribed by ordinance, resolution, City Council policy or other City Council action. (Ord. No. 2011-005 § 1 (part); Ord. No. 2020-004 § 3; Ord. No. 2023-007 § 1)
CITY OF CULVER CITY
ADVISORY COMMITTEE ON HOUSING AND HOMELESSNESS
(Formerly Known as the Committee on Homelessness)
BY-LAWS
I. PURPOSE/MISSION STATEMENT
The primary goal of the Culver City Advisory Committee on Housing and Homelessness ("Committee"), formerly known as the Committee on Homelessness, is to identify and advocate for solutions to end homelessness and methods and means for improving the quality of housing and life for all individuals, in the following ways:
• Advise City Council and City Staff on the appropriate funding to implement solutions for ending homelessness;
• Advising the City Council and Staff in identifying short, medium and long term strategies to end and prevent homelessness;
• Being solutions-focused, specifically towards the decriminalization of homelessness, for a housing, services and equity based approach; • Reviewing the homelessness services provided by independent City contractors and making recommendations to City Council to improve service delivery;
• Outreaching to the Culver City community along with neighboring and overlapping jurisdictions to help create local and regional solutions to ending homelessness; and
• Collaborating and educating within our communities and acting as a voice for the public.
II. ORGANIZATION
a. Composition
The Committee consists of nine members. Six members shall be appointed at large. To the extent possible, one member who is currently experiencing homelessness or who has previously experienced homelessness; one member age 16-25; and one member age 65 or older shall be appointed. If no applications are received from individuals meeting these three specific categories, members at large may be substituted for these seats. Members are not required to be Culver City residents; however, the member must have some current or former connection to the Culver City community (e.g. attending a school in Culver City, having 1 formerly experienced homelessness in Culver City, active member of the Culver City senior center, etc.)
b. Terms of Members
i. Appointed Committee Members shall serve four-year, staggered terms.
ii. Members shall serve a maximum of two consecutive terms. If a member serves a partial term in excess of two years, it shall be considered a full term for the purpose of these Bylaws. iii. All members shall serve at the pleasure of the City Council and may be removed at any time, and without cause, by a majority vote of the City Council.
c. Selection of Committee Members
All Committee Members shall be selected without regard to race, creed, color, religion, national origin, sex, income, age, handicap or marital status. d. Absences of Committee Members
i. Any Member who is absent from three consecutive meetings or a total of five meetings in any six-month period shall automatically forfeit his or her membership, provided, however, that there shall be no such forfeiture in the event of any of the following: (1) When a Member is unable to attend due to illness or physical incapacity. (2) When the City Council has determined before forfeiture that an absence is justified.
ii. The City Council has the authority to determine that an absence is justified. In the event of forfeiture, the City Council shall appoint a successor to serve the balance of the term.
iii. An excused absence is defined as notification to appropriate City Hall staff 24hours prior to meeting date.
e. Appointments to Fill Vacancies
If a Committee vacancy occurs, the City Council may, but shall not be required to, appoint a qualified successor to serve the remainder of the term.
Ill. OFFICERS
a. Designation of Officers
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i. The Committee shall elect its officers from among its members, consisting of a Chairperson and a Vice
Chairperson.
ii. The Chairperson and Vice Chairperson of the Committee shall be elected annually and shall serve at the pleasure of the Committee.
b. Duties of the Officers
i. The duties of the Chairperson shall consist of presiding over all general Committee meetings and forwarding recommendations of the Committee to the City Council.
ii. The Vice Chairperson shall perform the duties of the Chairperson when the Chairperson is absent or if the
Chairperson is unable to complete his or her term, for any reason.
IV. MEETINGS
a. Regular Meetings
The Committee shall meet regularly on the third Tuesday of every month at 7:00 p.m., and at other times as needed at the City of Culver City, City Hall, or other location if determined by City Hall staff to be necessary to accommodate and/or facilitate public attendance at the meeting. b. Special Meetings
The Chairperson or a quorum of the Committee may call a Special Meeting.
c. Brown Act
All meetings shall be called, noticed, held, and conducted in accordance with the provisions of the Ralph M. Brown Act (commencing with California Government Code Section 54950). All meetings, including study sessions and workshops, shall be open and public. A quorum of Committee Members shall not discuss Committee business except at an open and public meeting. Regular meeting agendas shall be posted in a public place at least 72 hours in advance of the meeting, and special meeting agendas shall be posted in a public place at least 24 hours in advance of the meeting, and discussion shall be limited to the topics on the agenda. Committee Members who believe they may have a concern related to Brown Act compliance shall consult with the City Attorney. 3 ' '
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d. Quorum and Voting
A majority of Committee Members shall constitute a quorum. Each Committee Member shall be entitled to one vote. Approval of any matter requires an affirmative simple majority vote of the Committee Members present. Abstention is not considered voting. In absence of a quorum, no formal action shall be taken except to adjourn the meeting to a subsequent date. As the Committee is strictly advisory, voting shall be on matters of recommendation to City Council and shall not constitute the final approval of the recommended action.
e. Conduct of Meetings
i. The latest edition of Robert's Rules of Order (or similar rules of parliamentary procedure, e.g. Rosenberg's Rules of Order) shall constitute the parliamentary guidelines for transaction of the Committee's business. Where there is a conflict between the parliamentary guidelines and these Bylaws, the Bylaws shall have precedence. Failure to strictly follow parliamentary guidelines shall not invalidate
any action of the Committee.
11. While considering items at Committee meetings, disagreements may arise, which is a normal part of the process in participatory government. However, it is important that Committee Members conduct meetings with proper decorum and respect.
f. Placing Items on an Agenda
Consensus among a majority of the Committee Members present and voting must exist in order to place an item on a future agenda for discussion or to request research by staff.
V. CONFLICT OF INTEREST
Any Committee Member who believes they may have a conflict of interest in any matter pending before the Committee (including, but not limited to, financial, personal, and official interests), or the appearance of a conflict, should consult with the City Attorney's Office to determined appropriate steps to ensure compliance with applicable conflict laws and regulations.
VI. STAFF SUPPORT
A designated City Hall staff representative shall provide staff support to the Committee, who shall:
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i. Take minutes, coordinate with the Chairperson, and
prepare anddisseminate required agendas and reports;
ii. Perform follow-up activity deemed necessary by the Committee; City staff that work with the unhoused population should attend Committee meetings on an as-needed basis. At a minimum, the following City Departments should attend as a non-voting representative to participate in Committee meetings:
Community Development Department/Housing Division; Culver City Fire Department; Culver City Police Department; and, City Attorney's Office.
VII. AMENDMENT TO BYLAWS
These Bylaws may only be amended by resolution of the City Council. 5 '
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Exhibit "A" to Resolution 2022-R_
BYLAWS OF THE CULVER CITY
EQUITY AND HUMAN RELATIONS ADVISORY COMMITTEE
I. PURPOSE AND OBJECTIVES
The purpose and objectives of the Equity and Human Relations Advisory Committee ("Committee") are as follows:
A. Serve as an advisory body to the City Council or the City Manager to recommend programs, policies and activities that promote positive human relations and equitable outcomes and opportunities in all aspects of community life;
8. At the direction of the City Council or the City Manager:
1. Recommend programs, policies and activities designed to promote the full acceptance of all people in all aspects of community life, without regard to race, religion, gender, gender identity, sex, sexual orientation, age, disability, immigration status, citizenship, color, ethnicity, or national origin, ancestry, gender expression, socioeconomic status, income or other protected categories or personal characteristics; and
2. Recommend programs, policies and activities designed to reduce discrimination, increase cultural competency, improve intergroup relations, and promote civil and human rights for all; and
3. Identify, track and report on existing and emerging related issues stemming from complaints from residents and visitors concerning interactions with City employees, elected and appointed officials, City contractors and City volunteers.
C. Hold public meetings on community-wide problems arising in the City which may result in intergroup tensions or discrimination because of actual or perceived biases based on race, religion, gender, gender identity, sex, sexual orientation, age, disability, immigration status, citizenship, color, ethnicity, or national origin, ancestry, gender expression, socioeconomic status, income or other protected categories or personal characteristics; D. Prepare and disseminate educational and informational material relating to prejudice, discrimination and inequity, and ways and means of eliminating such prejudice, discrimination and inequity;
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Exhibit "A" to Resolution 2022-R_
E. Assist the general public by providing information regarding the appropriate process to file a complaint concerning perceived discriminatory interactions between City employees and the public;
F. Prepare and submit to the City Council an annual report on its progress in accomplishing the approved workplan; and
G. Perform such other duties, not inconsistent with the City Charter or the Culver City Municipal Code, as may be prescribed by ordinance, resolution, City Council policy or other City Council action.
II. COMMITTEE ORGANIZATION
A. Com position
1. The Committee shall consist of 9 members appointed by the City Council as follows:
• Seven Members-at-Large
• One Labor Representative
• One Youth Representative
2. Members-at-Large shall be residents of the City.
3. The Labor Representative shall be a member of one of the City's six recognized bargaining units.
4. Employees who are members of the Culver City Employee's Association, the Culver City Firefighter's, the Culver City Police Officer's Association, the Culver City Management Group, the Culver City Police Management Group, or the Culver City Fire Management Group may submit an application directly to the City Clerk's Office to be considered for the one (1) designated Labor seat.
B. Qualification and Selection of Committee Members
1. City Council's goal and desire is to appoint committee members that represent the broad diversity of the Culver City community.
2. Committee Members shall not be an elected or appointed official of the City, a City employee (unless appointed to the Labor Representative seat).
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Exhibit "A" to Resolution 2022-R_
C. Terms of Office
1. Committee Members shall serve as follows:
a. Members-at-Large: Initially, Members occupying the odd numbered seats (1, 3, 5 and 7) shall each serve a three-year term, expiring on June 30, 2023; and Members occupying the even-numbered seats (2, 4 and 6) shall each serve a four-year term, expiring on June 30, 2024. Thereafter, all Members shall serve overlapping four-year terms. Members shall serve a maximum of two terms. If a Member serves a partial term in excess of two years, it shall be considered a full term for the purpose of these Bylaws.
b. Labor Representative: This Member shall serve a one-year term, and shall serve a maximum of three consecutive terms, with the option of opting out of the seat at the end of the first or second term. If a Member serves a partial term in excess of six months, it shall be considered a full term for the purpose of these Bylaws.
c. Youth Representative: This Member shall serve a one-year term, and shall serve a maximum of two consecutive terms. If a Member serves a partial term in excess of six months, it shall be considered a full term for the purpose of these Bylaws.
2. All Committee Members shall serve at the pleasure of the City Council and may be removed at any time, and without cause, by a majority vote of the City Council.
D. Absence of Committee Members
The name of any Committee Member who within any twelve-month period has more than two unexcused absences from regular meetings of the Committee, shall be referred to the City Council for consideration of removal. The Committee shall determine whether a Committee Member's absence is excused or unexcused.
E. Appointments to Fill Vacancies
If a vacancy occurs, the City Council may, but shall not be required to, 3 ------- ---
Exhibit "A" to Resolution 2022-R_
appoint a qualified replacement. Such qualified replacement shall serve for the unexpired term for that seat. Upon expiration of such unexpired term, the incumbent may apply for re-appointment by the City Council.
F. Com pensation
Committee Members shall serve without compensation.
G. Training
Committee Members must complete mandatory training within 60 days of appointment. Committee Members shall coordinate such training through the Staff Liaison.
Ill. OFFICERS
A. Designation of Officers
At each meeting in July, the Committee shall elect its officers consisting of a Chair and Vice-Chair, both of whom shall serve at the pleasure of the Committee.
B. Duties of the Officers
1. The Chair shall preside at all Committee meetings.
2. The Vice-Chair shall perform the duties of the Chair in their absence.
IV. MEETINGS
A. Regular Meetings
The Committee shall meet on a quarterly basis, or as needed, on the 4t Tuesday of the months of July, October, January and April at a time and place to be decided by the Committee. Regular meetings may be cancelled by the Staff Liaison, in consultation with the Chair. The Committee may form Ad Hoc Subcommittees to meet and discuss special activities, events and topics on an as needed basis.
8. Special Meetings
Special meetings may be called at any time by the Chair or a quorum of the Committee.
C. Brown Act
4 Exhibit "A" to Resolution 2022-R
All meetings shall be called, noticed, held, and conducted in accordance with the provisions of the Ralph M. Brown Act (commencing with California Government Code Section 54950). All meetings, including study sessions and workshops, shall be open and public. A quorum of Committee Members shall not discuss Committee business except at an open and public meeting. Furthermore, regular meeting agendas shall be posted in a public place at least 72 hours in advance of the meeting, and special meeting agendas shall be posted in a public place at least 24 hours in advance of the meeting, and discussion shall be limited to the topics on the agenda.
D. Quorum and Voting
A majority of Committee Members shall constitute a quorum. Each Committee Member shall be entitled to one vote. Approval of any matter requires an affirmative simple majority vote of the Committee Members present. Abstention is not considered voting. As the Committee is strictly advisory, voting shall be on matters of recommendation to City Council and shall not constitute the final approval of the recommended action.
E. Conduct of Meeting s
The latest edition of Robert's Rules of Order (or similar rules of parliamentary procedure, e.g. Rosenberg's Rules of Order) shall constitute the parliamentary guidelines for transaction of the Committee's business.
Where there is a conflict between the parliamentary guidelines and these Bylaws, the Bylaws shall have precedence. Failure to strictly follow parliamentary guidelines shall not invalidate any action of the Committee.
F. Placing Items on an Ag enda
Consensus among a majority of the Committee Members present and voting must exist in order to place an item on a future agenda for discussion or to request research by staff.
G. Consent Calendar
A Consent Calendar for approval of routine items may be used, including but not limited to the adoption of the minutes, the designation of dates for various matters to be heard, and other items, as determined by the staff liaison. The Committee shall adopt the Consent Calendar by a majority vote.
H. Packet Preparation and Distribution
Packets for Committee Members will be delivered electronically by staff the 5 Exhibit "A" to Resolution 2022-R_
week before the meeting. Each regular packet will include an agenda and staff reports describing topics for review. The packet materials will be organized in order of agenda reference. Agendas are posted at City Hall and on the City's website.
I. Committee Report
At the Regular Meetings, the Committee shall receive statistical reports from the staff liaison on public complaints received pertaining to allegations of discrimination, harassment or retaliation by City employees.
V. DUTIES
A. Role
1. Committee Members primary role is to carry out the purpose and objectives outlined in the Bylaws.
2. Committee Members shall advise the City Council and/or City Manager based on the specific tasks or duties approved by the City Council.
3. City Staff shall determine the method and frequency of reporting back to City Council.
4. The duties and responsibilities of the Committee is subject to all applicable laws, including but not limited to, the City Charter, the Culver City Municipal Code, State and Federal Privacy and Employment Laws, and other applicable laws and regulations.
B. Council Liaison
The Committee may designate, on an as-needed basis, one of its Members to act as liaison to the City Council to report on the Committee's activities.
VI. CONFIDENTIALITY
Committee Members understand and acknowledge that any employee related information received may be privileged and confidential and shall not be shared with anyone other than the Staff Liaison, City Attorney, City Manager and/or City Council.
VII. STAFF SUPPORT
A. The City's Human Resources and Equity Manager (HREM), or designee, shall act as Staff Liaison to the Committee and shall:
6 Exhibit "A" to Resolution 2022-R_
1. Respond to requests for information; and,
2. Provide technical assistance to the Committee; and,
3. Receive and complete intake regarding alleged complaints of discrimination, harassment and retaliation, and investigate such complaints with the assistance of other City staff members and/or external investigators; and,
4. Take minutes, and coordinate with the Chair on the preparation and dissemination of required reports; and,
5. Perform follow-up activity deemed necessary by the Committee and consistent with adopted Bylaws; and,
6. Subject to confidentiality, report to the Committee at its Regular Meetings statistical information regarding complaints received pertaining to discrimination, harassment or retaliation.
8. If there is a determination that a request for research by the Committee is not within the Committee's duties as stated in these Bylaws, or that the request requires dedication of staff time that is not available, the HREM shall confer with their department head. In accordance with Council policy, the City Manager shall make the final decision to provide staff support. The Committee may appeal the City Manager's decision to the City Council.
VIII. AMENDMENT TO BYLAWS
These Bylaws may only be amended by resolution of the City Council. 7 BYLAWS OF THE
CULVER CITY LANDLORD-TENANT MEDIATION BOARD
AMENDED JUNE 10, 2019
I. PURPOSE AND OBJECTIVES
As set forth in Culver City Municipal Code (CCMC) Section 15.09.005, the purpose and objectives of the Landlord-Tenant Mediation Board (the "Board"), are as follows:
A. To reduce tensions in the rental housing market by requiring the parties involved in a rent increase dispute to participate in a good faith mediation session with objective and neutral mediators . The sessions will serve to facilitate a means of resolution of disputes between tenants and landlords of residential rental properties related to rent increases, through the process of mediation.
B. To build and strengthen communications between landlords and tenants and educate the parties about the landlord and tenant relationship and the rights and responsibilities of both parties.
C . To provide mediation services on any other matters authorized by the City Council, as set forth in these Bylaws.
II. BOARD ORGANIZATION
A. Composition
The Board shall consist of 12 members appointed by the City Council as follows:
• Four Tenant Members
• Four Landlord Members
• Four Members-at-Large
B. Qualification and Selection of Board Members
1. Tenant Members shall be tenants of residential rental property located within the City of Culver City, and neither the applicant nor the applicant's spouse or dependents shall have any financial interest in residential income-producing property in Culver City.
2. Landlord Members shall own, manage or have a residential income property interest(s) within the City of Culver City, and shall preferably be residents of the City of Culver City.
3 . Members-at-Large shall be residents of the City of Culver City.
Members-at-Large shall neither be tenants within the City of Culver City, nor shall they own or have an ownership interest in any residential income-producing property in the City of Culver City. Furthermore , preferably, neither Members-at-Large nor their spouse or dependents shall have any direct business or financial relationship with either landlords or property managers within the City of Culver City.
4. All Board Members shall be selected by the City Council without regard to race, creed, color, religion, ancestry, national origin, sex, sexual orientation, gender, gender identity, gender expression, income , age, disability, medical condition, genetic information, and marital status .
5. Upon appointment to the Board , each Member shall be required to sign a declaration acknowledging his or her commitment to maintain neutrality and impartiality in his or her role on the Board , to conduct mediations in a neutral and an impartial manner , and to maintain the confidentiality of all mediations.
C. Terms of Office
1. Board Members shall serve a term of four years with no term limits.
2. All Board Members shall serve at the pleasure of the City Council and may be removed at any time , and without cause , by a majority vote of the City Council.
D. Absence of Board Members
The name of any Board Member who within any 12-month period has more than two unexcused absences from regular meetings of the Board, shall be referred to the City Council for consideration of removal. The Board shall determine whether a Board Membe r's absence is excused or unexcused .
E. Appointments to Fill Vacancies
If a vacancy occurs, the City Council may , but shall not be required to, appoint a qualified replacement. Such qualified replacement shall serve for the unexpired term for that seat. Upon expiration of such unexpired term , the incumbent may apply for re-appointment by the City Council. 2 F. Compensation
Board Members shall receive compensation, if any, at the rate established by City Council resolution.
G. Mediation Training
Board Members must complete mandatory mediation training within 60 days of appointment. Board Members shall coordinate such training through the Staff Liaison.
Ill. OFFICERS
A. Designation of Officers
At each meeting in July, the Board shall elect its officers consisting of a Chair and Vice-Chair, both of whom shall serve at the pleasure of the Board.
B. Duties of the Officers
1. The Chair shall preside at all Board meetings.
2. The Vice-Chair shall perform the duties of the Chair in his or her absence.
IV. MEETINGS
A. Regular Meetings
The Board shall meet on a quarterly basis on the last Wednesday of the months of January, April, July and October at a time and place to be decided by the Board. Regular meetings may be rescheduled by the Staff Liaison when necessary. Regular meetings may be cancelled by the Chair, in consultation with the Staff Liaison.
B. Special Meetings
Special meetings may be called at any time by the Chair or a quorum of the Board.
C. Brown Act
3 All meetings shall be called, noticed, held , and conducted in accordance with the provisions of the Ralph M . Brown Act (commencing with California Government Code Section 54950).
D. Quorum and Voting
A majority of the seated Board Members shall constitute a quorum. Each Board Member shall be entitled to one vote. Approval of any matter requires an affirmative vote from the majority of the Board Members present and voting. Abstention is not considered voting.
E. Conduct of Meetings
The latest edition of Robert's Rules of Order shall constitute the parliamentary guidelines for transaction of the Board's business. Where there is a conflict between Robert's Rules of Order and these Bylaws, the Bylaws shall have precedence . Failure to strictly follow Robert's Rules of Order shall not invalidate any action of the Board.
F. Placing Items on an Agenda
Consensus among a majority of the Board Members present and voting must exist in order to place an item on a future agenda for discussion or to request research by staff.
G. Board Report
At the Regular Meetings, the Board shall report on all mediation sessions conducted and business transacted at special meetings , if any such Special Meetings were held , since the last Regular Meeting. Subject to the confidentiality requirements of CCMC Chapter 15.09 and these Bylaws, in reporting on mediation sessions, the Board Members who participated in mediation panels may provide general comments regarding the mediations held (i.e . statistical information, successful and unsuccessful techniques used, etc.), but shall not disclose any of the substantive details of the confidential mediation sessions.
V. DUTIES
4 A. Role
A Board Member's primary role is to carry out the purpose and objectives of the Board .
B. Mediation Services
1. Members of the Board shall serve on panels to conduct mediation sessions to discuss and attempt to resolve disputes relating to rent increases, or any other matters authorized by the City Council, as set forth in these Bylaws, and to educate the parties about the landlord-tenant relationship
2. Mediation sessions shall be conducted in accordance with the policies and procedures set forth in Section VI of these Bylaws.
3 . Mediation sessions shall provide a confidential and neutral forum for landlords and tenants to discuss and resolve disputes relating to rent increases or other matters subject to mediation, as set forth in Section VI.E of these Bylaws.
C. Community Outreach Coordinator
The Board may designate, on an as-needed basis, one of its Members to coordinate community outreach efforts and communicate information regarding the available services of the Board , and other duties as may be assigned by the Board .
D. Council Liaison
The Board may designate, on an as-needed basis, one of its Members to act as liaison to the City Council to report on the Board 's activities.
VI. MEDIATION PROCESS GUIDELINES. POLICIES AND PROCEDURES A. Scope of Mediation
1. For purposes of these Bylaws, mediation is the process whereby a panel of Board Members, who are not a party to the dispute, attempt to assist the parties to the dispute, to come to a voluntary agreement. The mediation panel does not render a decision.
2. Landlords and/or tenants may contact City staff for basic information 5 and referral rega rding landlord/tenant rights and responsibilities. The Board, however, shall provide mediation services only regarding rent increases or other matters authorized by the City Council.
3. If a Request for Mediation is filed which presents a question as to whether a rent increase issue is presented, the matter shall be determined by Housing Division Staff in consultation with the City Attorney's Office. Upon the request of the Housing Division Staff or the City Attorney's Office, such determinations may also involve staff from the City Manager 's Office, whose decision shall be final.
B. Mandatory Mediation
Following receipt of a Request for Mediation regarding a rent increase related dispute, City staff shall determine if it was timely filed within 15 days of receipt of a notice of rent increase, as required by CCMC Section
15.09.020. If the Request for Mediation is timely filed, City staff shall schedule a mandatory mediation session at a time prior to the effective date of the rent increase.
C. Voluntary Mediation
1. In the case a Request for Mediation is not timely filed, City staff shall contact the landlord party, either by telephone or in writing, and convey the nature of the complaint and provide the landlord and tenant parties an opportunity to voluntarily settle the dispute with the assistance of a Mediation Panel. Both parties to the dispute, and/or their authorized representatives who have the power to act on behalf of a party(ies) to the dispute, must voluntarily agree to be present and participate in the mediation process. If the parties voluntarily determine to participate, City staff shall schedule a mediation session before a panel.
2. A rent increase for a condominium , townhome , mobile home unit or single-family home is eligible for voluntary mediation in accordance with the process set forth in Section VI.C.1, above.
3. A complaint regarding unit habitability is eligible for voluntary mediation in accordance with the process set forth in Section VI.C.1, above.
D. Conduct of Mediation Sessions
1. Mediation sessions shall be closed to the public and shall take place at 6 a location, date, and time convenient to all parties to the dispute.
2. Mediation shall be conducted in a session attended by all parties to the dispute; provided that if any party declines to meet, the mediation may be conducted in separate sessions.
3. A Mediation panel in each case shall consist of one Landlord Member , one Tenant Member, and one Member-at-Large. When possible, a mediation panel should include one Board Member who has had prior experience participating on a mediation panel.
4. In the event the assembly of one Landlord Member , one Tenant Member , and one Member-at-Large is not feasible, a panel of a different composition may conduct a mediation session if the parties in the dispute consent in writing to the waiver of a panel of one Landlord Member, one Tenant Member , and one Member-at-Large, and agree to mediation by a panel of a different composition. If the parties in the dispute do not consent in writing as set forth above, then the parties shall be referred to the City of Los Angeles Mediation Program , which is open to all Los Angeles County residents.
5. In the event the assembly of a three-member panel is not feasible, a panel of fewer than three Board Members may conduct a mediation session if the parties in the dispute consent in writing to the waiver of a three-member panel and agree to mediation by a panel of fewer than three members . If a panel of two members cannot be convened, subject to the parties' in the dispute consent in writing, a single mediator may be utilized, provided however, that such a mediator shall be selected from the Board Members-at-Large. If the parties in the dispute do not consent in writing as set forth above, then the parties shall be referred to the City of Los Angeles Mediation Program , which is open to all Los Angeles County residents.
6. If mediation leads to an agreement between the parties, such agreement shall be prepared in writing and signed by the parties and attested to by the Board Member(s) who comprised the
mediation panel. If mediation reaches an impasse, the panel may provide the parties information regarding other options that may be available to assist the parties in resolving their dispute.
7. A single mediation session shall last no more than three hours, unless a longer time is agreed to in writing by the parties in dispute. 7 8. Multiple mediation sessions on the same matter shall not be permitted, unless additional sessions are agreed to in wr iting by the parties in dispute .
E . Confidentiality and Neutrality
1 . In submitting a dispute to med iation, a II parties shall acknowledge that the proceedings of the mediation are privileged and confidential , and any admission or concession made by any party shall not prejudice the positions of any party or be introduced as evidence in any litigation or proceedings in accordance with applicable law . 2 . All matters connected with mediation efforts under CCMC Chapter 15 .09 and these Bylaws are privileged and confidential and shall not be examined or inspected , except by a party to the mediation , and shall not be offered or accepted into evidence in any later arbitration, litigation, or other judicial proceeding .
3. In order to preserve the confidentiality of the mediation process , the identity of the parties to a dispute shall be confidential , except insofar as disclosure of the parties' identity(ies) may be necessary in furtherance of the provisions of CCMC Chapter 15. 09 , other provisions of law , or pursuant to a court order.
4 . No person shall make an electronic, photographic or stenographic recording of the whole or any part of any mediation session.
5. Board Members shall conduct themselves with neutrality and impartiality, which are critical components in providing a fair and equitable mediation process .
6. In order to foster an environment of neutrality, Board Members shall not disclose their Member designation (i.e. Landlord, Tenant or Member-at Large) during the course of a mediation session.
7. A violation of the provis ions of this Section VI.E may be cause for a Member's removal from the Board.
F. Disclosure and Disqualification
1 . The following are grounds for a Board Member to be disqualified from sitting on a mediation panel:
a. If a Board Member is one of the parties .
b. If a Board Member is a friend or family member of one of the parties. 8 c. If a Board Member has a financial conflict of interest pursuant to applicable laws.
2. In the event of disqualification of a Board Member, the party or parties shall be advised of the Board Member 's conflict and shall be further advised that the Board Member will not participate in any way in their capacity as a Board Member in any matter relating to the case.
G. Other Procedures.
The Board shall have the power to establish additional procedures for implementing its responsibilities under these Bylaws including, without limitation:
1. Procedures for assignment of Board Members to mediation panels; and,
2 .Procedures for assignment of cases to mediation panels; and,
3. Procedures for replacement of Board Members who are for any reason disqualified to serve on a panel.
VII. STAFF SUPPORT
The City's Housing Programs Administrator, or designee working under the general supervision of the Housing Administrator, shall act as liaison to the Board and shall:
A. Respond to initial calls from landlords or tenants requesting information and referral or for a mediation hearing appointment and facilitate and encourage communication between a landlord and tenant, but shall not mediate; and,
B. Complete intake data regarding a landlord/tenant rent increase dispute and verify such information with the assistance of other City staff members ; and,
C. Coordinate mediation session appointments with the Board Chair; and, D. Take minutes, and coordinate with the Chair the preparation and dissemination of required reports; and,
E. Perform follow-up activity deemed necessary by the Board, and maintain 9 a reference file on agencies, services and other groups for use in the mediation process and for referral for landlords and/or tenants not wishing or eligible to participate in mediation; and,
F. Subject to the confidentiality requirements of CCMC Chapter 15.09 and these Bylaws, report to the Board at its Regular Meetings all calls involving requests for information and referral as well as cases in progress and follow-up activities performed by the Staff Liaison.
VIII. AMENDMENT TO BYLAWS
These Bylaws may only be amended by resolution of the City Council. 10