LA County
Governance &
Ethics Reform
AUTHORS:
Chair Lindsey P. Horvath
Supervisor Janice Hahn
Item 7A
54 100 Years and Little Change
Los Angeles County’s form of government has not changed since 1912 when the population was 500,000, before women even had the right to vote.
Today, five elected supervisors serve the most populous county in the nation, each representing two million constituents. 55 Why Reform? Why Now?
• Increase effectiveness, accountability, representation, and transparency of LA County government.
• Build checks and balances into governance structure.
• Separate legislative and executive powers—like other governments LA County's size.
• Establish clarity that supports our County workforce in serving our communities.
It's time to bring LA County into the 21st century, with governance Angelenos can trust to address our greatest challenges. 56 LA County Today
57 Elected County Executive
This is a newly created position directly accountable to voters (ex: Governor, Mayor).
Responsibilities: Oversee department leadership; propose budget Improves:
• Accountability of County operations and budget management. • Checks and balances and separation of powers found at all other levels of government.
This is not making current CEO elected.
• An appointed Director of Budget and Management would oversee fiscal and key administrative duties currently held by the CEO.
This change would be implemented at no additional cost to taxpayers. 58 LA County Post-Reform
Electorate
Assessor District Attorney Sheriff Elected County
Executive
Budget &
Management
Director
Department
Directors
Board of
Supervisors
County
Legislative
Analyst Three new positions:
• Elected County Executive
• Appointed Budget & Management Director
• Appointed County Legislative Analyst
59 Expanding the Board
• Today, each Supervisor represents 2 million constituents each–more than any other local elected official.
• By expanding the Board of Supervisors, we can:
• Build diverse representation that truly reflects LA County. • Bring our elected officials closer to the people they represent.
• Smaller districts also remove barriers to running for office and create opportunities for diverse candidates.
60 LA County’s Third Supervisorial District
• Porter Ranch is 26 mi. from Malibu
• 3rd District overlaps:
• 7 Assembly Districts
• 5 State Senate Districts
• 8 US House Districts
• 9 LA City Council Districts
• 10 independent cities
San Fernando Valley portion
of SD3 alone includes:
• Approx. 1.3M people
• 5 Assembly Districts
• 3 State Senate Districts
• 4 US House Districts
• 3 independent cities
61 62
Why Nine?
• Study after study for the past 50 years explored nine Supervisors as a common-sense expansion.
• Nine Supervisors cuts current districts in half, with each Supervisor representing 1 million constituents instead of 2 million (eg. State Senate districts).
• We promised to implement an expanded Board with no additional cost to taxpayers—expanding to nine is a measured approach that is possible with our current budget.
• As the LA Times Editorial Board said in support of expansion, “the point here isn't to have more government; it's to have a more effective government.” 63 Ethics Reforms
This is a comprehensive reform package with ethics front and center:
• Independent ethics commission to investigate misconduct and strengthen County integrity and accountability
• "Revolving door” policy prohibiting former County officials from lobbying the County at least two years after leaving • Authorize suspension of elected County officials criminally charged with a felony.
64 Building Public Trust & Transparency
Budget Transparency: County departments and agencies must present proposed budgets annually to the Board in open public meetings.
Robust Democracy: All legislation must be publicly posted for at least five days before action is taken.
Governance Reform Task Force: Public will help shape and be part of lead governance reform implementation body.
65 Implementation & Timeline
This measure would be implemented at no additional cost to taxpayers. • If the Board approves, a charter reform ballot measure will be voted on in November.
• If passed by voters, three bodies will be created:
• Governance Reform Task Force: 180 days after certification • Independent Ethics Commission: by 2026
• Charter Review Commission: convenes every ten years
• 2028: County Executive would be elected
• 2032: Board expansion to take effect after the Census and redistricting processes are completed
• Opportunities for community engagement every step of the way 66 Q&A
67 Los Angeles County Governance Reform
For a more representative, accountable, and efficient County The Need for Reform
The Los Angeles County government has remained unchanged since 1912, before women had the right to vote and the population was 500,000. Today, five elected supervisors serve the most populous county in the nation, each representing two million constituents. Now is the time to reform Los Angeles County’s form of government to be responsive to our region’s greatest challenges.
Comprehensive Reform Package
LA County deserves a governance structure that is effective, representative, and transparent. By expanding the Board, electing a County Executive, and establishing an independent Ethics Commission, we can build a government that truly serves and reflects the needs of our communities.
1. REPRESENTATION: EXPANSION OF THE BOARD
Expand from Five to Nine Supervisors: Increasing the Board to nine Supervisors would allow more diverse voices, truly reflective of LA County, to shape County policy. The expansion would also increase accessibility of Supervisors to the communities they represent.
2. EFFICIENCY: ELECTED COUNTY EXECUTIVE
Transition from Appointed to Elected: Moving from an appointed CEO to an elected County Executive would ensure the County’s operations and budget management are more efficient and accountable to the public. This separation between an executive and legislative branch would create necessary checks and balances within LA County government.
3. TRANSPARENCY: INDEPENDENT ETHICS COMMISSION
Transparency and Trust: An independent Ethics Commission would increase transparency, build public trust, and combat corruption. The commission enhance accountability and integrity within the County’s governance, ensuring ethical conduct.
Additional reforms include a commission to review the County Charter every ten years; a Department of Budget and Management and a County Legislative Analyst; open budget hearings by departments annually; and creating a task force to oversee reform implementation.
Why Now?
This is a once in a generation opportunity to create the necessary structural changes within LA County to tackle our greatest challenges through Charter reform that will go before voters as a ballot measure in November 2024.
We can no longer let a dated bureaucracy prevent us from more effectively addressing our homelessness crisis, making real progress on justice reform, or actualizing a government where Angelenos can meaningfully be at the decision-making table. Reform has been studied for decades – the time to act is now. This is the change our communities have called for and now voters have an opportunity to bring Los Angeles County into the 21st century this November. 68 MOTION
SOLIS __________________________
MITCHELL __________________________
HAHN __________________________
BARGER __________________________
HORVATH __________________________
AGN. NO.
MOTION BY SUPERVISORS LINDSEY P. HORVATH AND July 9, 2024
JANICE HAHN
Increasing Effectiveness, Responsiveness and Accountability of County Government through Charter Reform
When the Los Angeles County Charter was adopted by the voters in 1912, Los Angeles County’s (County) population was a little over 500,000. Since our governance model was adopted, the County has grown massively in scale and scope, becoming the most populous county in the nation with nearly 10 million residents and 88 incorporated cities within its borders. If the County were a state, it would be ranked as the 11th most populous, just below Michigan and above New Jersey. Economically, Los Angeles County has a larger Gross Domestic Product (GDP) than all but five U.S. states (California, Texas, New York, Florida, and Illinois). Yet our governance structure, established before women had the right to vote, has remained unchanged.
As a result, Los Angeles County residents suffer deficits of representation and accountability. Each of the five-person Board of Supervisors (Board), elected directly by voters, represents approximately 2 million constituents. In the unincorporated areas of the County, Supervisors additionally serve in the same capacity as mayors and councilmembers, responsible for direct municipal services such as waste collection and 69 street repair. Furthermore, a governance structure that lacks an elected executive does not benefit from clearly delineated roles of accountability and district-specific interests might be prioritized over the County as a whole. A countywide official, elected by and answerable to the voters, is best positioned to consider the common interests of the entire County population and to be held accountable for their implementation. Such a system would sharply reduce the potential for parochialism and focus an essential regional perspective.
Processes vital to how the County functions, such as the creation and passage of the County budget, should be led by an official who is chosen by and directly accountable to the voters.
For over half a century, multiple efforts have been made to reform the County's governance structure, including the expansion of the Board of Supervisors and the creation of an elected County Executive. County and State efforts on governance reform include:
• Proposition D: Board Expansion (1962)
• Proposition A: Elected County Mayor (1976)
• Proposition B: Board Expansion (1976)
• Proposition B: Elected County Executive (1992)
• Proposition C: Enlarging the Board of Supervisors (1992) • SCA 7 (Polanco): Mandated Board Expansion (2000)
• Measure A: Board Expansion (2000)
• SCA 8 (Mendoza): Charter Counties: Board of Supervisors: Redistricting (2015) • SCA 12 (Mendoza): Counties: Governing Body: County Executive (2017) • Equitable Representation through Possible Expansion of the Los Angeles County (Solis-Hahn) (2023)
• Improving Los Angeles County Board Governance to Strengthen Equity and Transparency (Mitchell-Horvath) (2023) [revised motion]. 70 Moreover, numerous studies on Los Angeles County governance reform have been published over the years, including:
• Study of Los Angeles County Charter, Los Angeles County Citizens’ Economy and Efficiency Committee (1970)
• Final Report, Los Angeles County Grand Jury (1973)
• To Serve Seven Million, Public Commission on Los Angeles County Government, Los Angeles County Bar Association (1976)
• Report on the Executive Structure of Los Angeles County Government (Organization), Los Angeles County Citizens’ Economy and Efficiency Committee (1990)
• Final Report, Los Angeles County Civil Grand Jury (2016) • Final Report, Los Angeles County Citizens Redistricting Commission (2021) Though most studies recommend the creation of an elected County Executive and/or an expansion of the Board of Supervisors, the aforementioned reports lead to the same conclusion: Los Angeles County’s governmental structure is in need of reform.
While the data points may change over time, issues of accountability and the need for better representation remain. As we have faced and continue to face numerous crises on multiple fronts—the COVID-19 pandemic, massive wildfires, homelessness, criminal justice reform, and climate change to name a few—the lack of strong, elected executive leadership has impacted our ability to address those challenges as nimbly and efficiently as possible.
Further, in order to achieve the checks and balances essential to our democracy, creating an elected County Executive must be accompanied by an expansion of the Board of Supervisors. Including additional members to the Board increases equitable 71 representation for the County’s 10 million residents in all their diversity, with varied perspectives to balance a strong County Executive. Los Angeles is an anomaly in terms of local government representation. Table A below illustrates how disproportionate representation is in Los Angeles relative to large metropolitan areas across the country:
Table A: County Comparisons
JURISDICTION TOTAL
POPULATION
LOCAL
REPRESENTATIVES
CONSTITUENTS
PER DISTRICT
ELECTED
COUNTY
EXECUTIVE
San Francisco
City and County,
CA1
875,000 11 County Supervisors 79,500 Yes
Prince George's
County, MD 950,000 11 County Councilmembers 86,000 Yes
Montgomery
County, MD 1 million 11 County Councilmembers 91,000 Yes Cuyahoga
County, OH 1.2 million 11 County Councilmembers 109,000 Yes Wayne County,
MI 1.9 million 15 County Commissioners 127,000 Yes
King County,
WA 2.3 million 9 County Councilmembers 256,000 Yes
Miami-Dade
County, FL 2.7 million 13 County Commissioners 208,000 Yes Cook County, IL 5.2 million 17 County
Commissioners 306,000 Yes
New York City2 8.3 million 51 Councilmembers 163,000 Yes Los Angeles
County, CA 10 million 5 County Supervisors 2 million No With additional elected representation comes the need for independent oversight to maintain public trust. The numerous reports of ethics and corruption scandals in local government over the last two decades reinforce this need. An impartial body charged with 1 Other than San Francisco, which is a consolidated city-county, California's counties are governed by an elected five-member Board of Supervisors.
2 New York City consists of five boroughs coterminous with county boundaries. Boroughs function as counties for certain purposes, but there is no county government. When New York City was consolidated into its present form in 1898, all previous town and county governments within it were abolished in favor of the present five boroughs and a unified, centralized city government. 72 administering county and state laws related to such areas as campaign finance, government contracts, land use developers, governmental ethics, and lobbying must be formed to increase public confidence in local government and elections.
As we near the halfway point to the decennial reapportionment process and approach a presidential election which traditionally yields a higher voter turnout, now is the time to turn to the residents of Los Angeles County to reform government, improve accountability and representation, and take on the complex challenges of our time.
WE, THEREFORE, MOVE that the Board of Supervisors direct County Counsel to draft the necessary documents, including an ordinance, for a proposed Charter amendment reconstituting the Los Angeles County governance structure for placement on the November 5, 2024 ballot, to be consolidated with the Statewide election to be held that day, to be considered for two ordinance readings, with the second reading to be completed at a Board of Supervisors meeting by no later than 88 days before the November 5, 2024 Statewide Election, containing the following provisions:
1. By 2028, establish an office of County Executive to be elected directly by voters countywide at a general election for a term of four years and every four years thereafter. The County Executive shall have all executive and administrative powers and duties of the Board of Supervisors except for administrative oversight of the County Legislative Analyst and the Clerk of the Board of Supervisors.
Legislative and quasi-judicial powers shall be retained by the Board of Supervisors. In addition, the County Executive shall have the following powers and duties:
a. To perform all powers and duties provided by State law and 73 County Code to the county chief administrative officer. b. To appoint and dismiss all appointed department heads, subject to confirmation by the Board of Supervisors unless prohibited by law, except for the County Legislative Analyst and Clerk of the Board of Supervisors.
c. To supervise, direct, evaluate, and manage the conduct of all appointed department heads, unless prohibited by law, except for the County Legislative Analyst and the Clerk of the Board of Supervisors.
d. To develop and submit the County annual budget to the Board of Supervisors for approval or amendment by that body, which shall transmit back any amendments to the budget, to the County Executive, in accordance with State law.
e. To veto amendments made by the Board of Supervisors to the budget, except that the Board of Supervisors have seven days (excluding Saturdays, Sundays and holidays) from such veto to restore an amendment by two-thirds majority vote of the Board, within the time for adopting the County budget specified in State law.
2. Expand the Board of Supervisors from five members to nine members following the 2030 decennial census and reapportionment process. a. Seven Supervisors shall be elected in 2032. Two of the seven Supervisors will serve a term of two years. The initial two-year term shall not count towards the term limits established in the 74 County Charter but will also not create a break in service for incumbent Supervisors for purposes of determining consecutive terms. The Supervisorial Districts subject to an initial two-year term shall be selected randomly. Four Supervisors shall be elected in 2034 for a full term expiring in 2038. Thereafter, Supervisors shall be elected in staggered elections of five Supervisors and four Supervisors in even numbered years for four-year terms.
3. By 2028, establish the position of the Director of Budget and Management to prepare the County Executive’s annual budget, to advise and provide recommendations to the County Executive on the fiscal condition, financial status, and future needs of the County, and to promote productivity, economic development, and efficiency in the conduct of County government.
a. The Director of Budget and Management shall be appointed by the County Executive subject to confirmation by the Board of Supervisors.
b. The Director of Budget and Management shall prepare the County’s annual budget and administer the budget upon
adoption.
c. The Director of Budget and Management shall coordinate additional administrative functions currently performed by the Chief Executive Office.
4. By 2028, establish the position of County Legislative Analyst. 75 a. The County Legislative Analyst shall be appointed and removed by a two-thirds majority vote of the Board of Supervisors. b. The County Legislative Analyst shall provide nonpartisan legislative support and analysis for the Board of Supervisors on County policy issues.
5. By 2026, require all non-urgency legislation be publicly posted for a minimum of 120 hours (five days) before action is taken by the Board of Supervisors.
6. By 2026, establish an independent Ethics Commission charged with the following:
a. Investigate allegations of misconduct by County officials and to monitor and enforce laws in coordination with other agencies related to governmental ethics, including but not limited to campaign finance, conflicts of interest, lobbying, postgovernment employment, government contracts, and land use developer conflicts.
b. Regularly review the County Code and make recommendations to the Board of Supervisors for updates regarding governmental ethics including, but not limited to, campaign finance, conflicts of interest, lobbying, post-government employment, government contracts, and land use developer conflicts.
c. Develop and/or implement additional updates and features to enable searchable public data portals related to governmental ethics, including but not limited to all lobbying activity, defined as 76 but not limited to registration, activity, contributions, and expenditures updated in real time, or as close to real time as practicable.
d. The Board of Supervisors shall provide reasonable funding and staffing for the Ethics Commission.
7. Authorize suspension of an elected county officer, including a member of the Board of Supervisors, with or without pay, who has been criminally charged with felony related to a violation of official duties to the extent permitted by law.
8. By 2026, establish the Office of Ethics Compliance to be led by the Ethics Compliance Officer to support the work of the independent Ethics Commission.
9. Require a “revolving door” policy for Los Angeles County that prohibits former Los Angeles County officials from lobbying the County for a minimum of two years after leaving County service, not the current one year.
10. Establish a Governance Reform Task Force, reporting to the Board of Supervisors, responsible for implementation of this Charter amendment upon adoption by the voters, including robust community and stakeholder outreach. The Task Force shall convene no later than 180 days after certification of the vote and provide initial recommendations to the Board of Supervisors within a reasonable timeframe in order to carry out the effects of the Charter amendment. The Task Force shall disband upon completion of implementation no later than December 3, 77 2028, unless otherwise directed by the Board of Supervisors.
11. Establish a Charter Review Commission to meet, at a minimum, decennially to review Los Angeles County governance and the Los Angeles County Charter. The Charter Review Commission shall make recommendations to the Board of Supervisors. Upon transmittal of the Commission’s recommendations, the Board must place the
recommendations on the agenda and vote no later than 90 days after receipt.
12. Require County departments and agencies to present their budgets to the Board of Supervisors in open, public meetings, prior to the annual budget being adopted.
13. Require that the implementation of this measure may only use existing County funding sources, and there not be any additional costs to or taxes imposed on taxpayers to implement this measure.
WE, FURTHER, MOVE that:
1. The Board of Supervisors shall provide, by ordinance, any process, office, or action necessary to implement this measure, if approved by the voters, consistent with the intent of the measure; and
2. County Counsel shall:
a. Draft all necessary documents to effectuate this motion, including incorporation of a severance clause and language from the 2000 Charter amendment ordinance proposing the establishment of a County Executive and expansion of the Board, to the extent appropriate but not inconsistent with this motion, and
78 b. Ensure all changes proposed in this measure are publicly disseminated in the languages required for County election materials as set forth in Section 203 of the federal Voting Rights Act and Section 14201 of the California Elections Code.
3. Ensure that the proposed Charter amendment is clear that should any provision or part of the proposed Charter amendment be found unconstitutional or invalid, it would be severable, and its invalidity or unconstitutionality shall not affect the remaining provisions or application, which would be implemented without the invalid or unconstitutional part. # # #
LPH:jo:cc
AGN. NO.
MOTION BY SUPERVISORS LINDSEY P. HORVATH AND July 9, 2024
JANICE HAHN
79 VOTES REQUIRED:
☒ 3-VOTES ☐ 4-VOTES ☐ 5-VOTES
CATEGORIES: (Please check ☒ those that apply)
☐ 1. Child Welfare
☐ 2. Community and Youth Empowerment
☐ 3. County and Municipal Services
☐ 4. Economic Justice
☐ 5. Economic and Workforce Development
☐ 6. Education
☐ 7. Environment and Environmental Justice
☐ 8. Fiscal
☒ 9. Governance
☐ 10. Health
☐ 11. Homelessness and Housing
☐ 12. Immigration
☐ 13. Public Safety and Diversion
☐ 14. Social Justice and Human Rights
☐ 15. Technology and Data
☐ 16. Arts, Culture, and the Creative Economy
☐ 17. Legislation
☐ 18. Parks and Open Space
☐ 19. Planning/Land Use
☐ 20. Transportation
☐ 21. Veterans
☐ 22. Delegated Authority
80