Measure G – LA County Government Structure, Ethics, and Accountability Charter Amendment Request by Councilmember Oscar de la Torre that the City Council discuss Measure G which will be on the November 2024 ballot. Measure G is a proposed County charter amendment which would amend the LA County Charter to create an elected County Executive, create an independent Ethics Commission to increase restrictions on lobbying and investigate misconduct, establish a nonpartisan Legislative Analyst to review proposed County policies, increase the Board of Supervisors from five to nine elected members; require County departments to present annual budgets in public meetings; using existing funding sources with no additional taxes to implement, as detailed in the charter amendment ordinance. This item is being brought to the City Council by Councilmember de la Torre as the City’s voting delegate at the Westside Cities Council of Governments. At its August 8, 2024 board meeting, the WSCCOG received a presentation on Measure G and direction was given to WSCCOG members to seek direction from their respective governing bodies and return prepared to discuss and possibly vote to take a position on Measure G at the WSCCOG’s next board meeting which is scheduled for October 10, 2024. Councilmember de la Torre is asking for the City Council to discuss this item so he can best represent the City during the WSCCOG Board discussion in October. ( Attachment includes Measure G presentation and text of the Motion adopted by the LA County Board of Supervisors.)
INTRODUCTION
This item requests the City Council to review a proposed Los Angeles County ballot measure, which is on the November 5, 2024 General Election ballot. As written, Measure G proposes to amend Los Angeles County’s Charter to change the governance structure. This amendment would, amongst numerous items, establish a directly elected County Executive, expand the number of County Supervisors from five to nine, and create other Los Angeles County ("County") positions such as the Director of Budget and Management and County Legislative Analyst.
DISCUSSION
On July 9, 2024, the Los Angeles County Board of Supervisors (the “Board”) directed the Office of County Counsel to prepare the necessary documents, including an ordinance, for a special election to vote on an amendment to the County Charter on November 5, 2024, which is the same day as the General Election for other local, state, and federal elections.
If approved by a majority of the voters (50% + 1), the proposed County Charter amendment would:
By 2028, establish the office of an elected County Executive, and the positions of a Director of Budget and Management and County Legislative Analyst. o The County Executive would be able to
Appoint and dismiss all appointed department heads subject to the approval of the Board;
Supervise, manage and evaluate all appointed department heads except for the Clerk of the Board and County Legislative Analyst;
Develop and submit the annual budget for approval by the Board; and Veto amendments made to the budget by the Board unless the Board by a 4/5s vote overrides the veto
Expand the membership of the Board of Supervisors from five to nine elected members following the 2030 redistricting process;
By 2026, establish an independent County Ethics Commission, an Office of Ethics Compliance, and the position of Ethics Compliance Officer; By 2026, require all items of business of the Board be on the posted agenda at least 120 hours before a regular meeting;
Establish a Governance Reform Task Force and Charter Review Commission; Authorize the suspension, with or without pay, of an elective County officer who has been criminally charged with a felony related to a violation of official duties; Prohibit former County officials from lobbying the County for a minimum of two years after leaving County service;
Require the presentation of department budgets during a public hearing; and Require implementation of the Charter amendment using existing County funding sources, with no additional taxes to implement.
For the first time, the County Registrar will print a nonpartisan fiscal analysis of all countywide ballot measures on the sample ballot that registered voters will receive in the mail (Attachment 2). According to the Measure G non-partisan fiscal analysis, the Charter Amendment will:
“… likely result in additional future costs in two categories — for implementation of the Charter Amendment, and for the ongoing costs of operating the new offices and positions it creates.
The Charter Amendment requires that implementation costs be funded with existing County funding sources and result in no additional costs to, or taxes imposed on taxpayers.” As with the implementation of any new position(s) or creation of new departments, there are associated start-up costs. These costs cover a wide range of items including but not limited to office space, technology, and election costs. The nonpartisan fiscal analysis estimates these costs at $8 million. Most likely, this funding would come from reallocating funds from other County functions and/or programs, savings from operating efficiencies, and/or setting aside funding from existing revenue sources as Measure G contains language that the County cannot increase taxes for these expenses.
Should the Charter Amendment pass, there would also be ongoing, annual costs such as salaries, benefits, and the continuing costs for maintaining office space. Unfortunately, the nonpartisan fiscal analysis cannot estimate the costs associated with this since some of the changes will not begin until 2030 and those future impacts may be impacted by current and future policymaker decisions.
It is worthwhile to note the ongoing costs are not bound by the same funding constraints as the implementation costs meaning they may be funded by “reallocating existing resources, reserving future revenue growth, achieving operating efficiencies, or by utilizing alternative and/or new funding sources.”
On July 30, 2024, Measure G was placed on the November 5, 2024 ballot by a 3-2 vote of the Board with Supervisors Barger and Mitchell dissenting. Supervisors Mitchell and Barger stated they could not support the Measure. Supervisor Mitchell stated several concerns with the proposed measure during a Board Meeting, including but not limited to:
No meaningful collaboration with the community to develop a solution for better representation.
Community groups expressed concerns to her that an elected County Executive would consolidate power and diminish the voices of the elected supervisors who serve marginalized communities more effectively.
While the ordinance states there will be no additional taxes, there were concerns with the notion the Charter Amendment would not result in costs, even indirectly, to the residents of the County. Specifically, if no new revenue is generated to fund the increase in size of the Board framework, and the County will need to absorb those costs with existing resources, then what reductions would need to occur and at what costs to the services residents currently receive.
The intent of the ordinance is to create greater representation for the uniqueness of each district in the County, yet there could be challenges in obtaining agreement from five out of nine Supervisors for making investments with the budget. The ability of a Supervisor’s ability to truly fight and advocate for the unique needs of their districts will be severely compromised.
On August 8, a representative from the County made a presentation to the Westside Cities Council of Governments (WSCCOG). Some of the stated reasons for the proposed charter amendments include:
1) The current five-member Board was established in 1912 when there were 500,000 in Los Angeles County and now there are over 10,000,000 residents 2) Increase effectiveness, accountability, representation, and transparency; and 3) Separate legislative and executive powers
The WSCCOG is now requesting each member City consider supporting Measure G at the request of Supervisor Horvath’s Office. Councilmember de la Torre is asking for the City Council to discuss this item so he can best represent the City during the WSCCOG Board discussion at the October 4th meeting.
As of September 19, 2024, the following City Councils have taken the following actions:
Beverly Hills voted 4-1 to Oppose Measure G.
Culver City voted 4-0 (one member absent) to Oppose Measure G.
FISCAL IMPACT
The fiscal impact of Measure G is unknown. While there are no direct costs to the City, it is unknown if the Los Angeles County will need to make budget reductions in order to cover the expenses related to the one time implementation costs and ongoing costs for the new Board Members, new County positions, and their officers. It is difficult to determine what the net impact may be to the City should program reductions need to occur at the County level to cover the expenses associated with this Measure.