NEIGHBORHOOD COUNCIL BOARD MEMBERS AND 

UNDERSTANDING THE FRAMEWORK OF NEIGHBORHOOD COUNCILS

All board members review and sign to acknowledge understanding of the framework of Neighborhood Councils when they file for candidacy to their Neighborhood Council. It is important for board members to routinely review this information during their term on the Neighborhood Council. EmpowerLA appreciates the commitment of all individuals who engage and participate in their Neighborhood Council, and we are dedicated to offering support, guidance, and feedback to board members throughout their time of service.

Neighborhood Councils operate within a structured regulatory framework designed to promote transparency, accountability, and community engagement. As advisory bodies, they serve as a bridge between residents and City government, ensuring that local voices are heard in decision-making.

To uphold these standards, Neighborhood Council board members must comply with local, state, and federal laws that govern their responsibilities. This guide provides an overview of the key regulations, training requirements, and expectations for board members. By understanding these rules, Neighborhood Councils can operate effectively and ethically while maximizing their impact.

Role of Neighborhood Councils.To promote more citizen participation in local government and make government more responsive to local needs. Neighborhood Councils shall include representatives of the many diverse interests in communities and have an advisory role on City issues of concern to the neighborhood.

Neighborhood Council Advocacy Methods and Resources. There are many ways in which Neighborhood Councils influence City Council policy and advance the interest(s) of their communities. For example, they advise their City Council representatives and submit community impact statements on behalf of their community. They can serve on Neighborhood Council committees or the Board of Neighborhood Commissioners. They can also participate in groups that support dialogue in the System such as the Neighborhood Council alliances. 

What it means to be a Neighborhood Council board member. A Neighborhood Council board member must consider several compliance requirements. Board members are entrusted with public funds, and must complete essential training sessions, follow their neighborhood council’s bylaws and standing rules, and engage the public in their work in a meaningful, transparent, and inclusive manner. Required training topics include, but are not limited to, the following: 

       A.   Code of Conduct 
       B.   Ethics 
       C.   Funding 
       D.   Planning 101 (required for Planning and Land Use Committees) 
       E.   Diversity, equity, inclusion, and anti-bias training 
       F.   Workplace Equity
       G.   Gender expression and gender identity

To be eligible to vote on funding items, including Neighborhood Council (NC) Expenditures, Financial Reports, and annual budgets, as well as non-funding items, a board member must complete the required trainings. You can find your board’s training compliance requirements in Article XIV of your Neighborhood Council’s bylaws, which also outline the consequences of failing to complete the trainings.

Responsibilities of Neighborhood Council Board members. Board members volunteer their time, engage with the community, and provide expertise on various issues. They commit, on average, 10 – 20 hours a month on behalf of the Neighborhood Council System. In addition, Neighborhood Councils make advisory recommendations to City decision-makers. Because Neighborhood Councils are thus neither decision-making nor legislative bodies, they are subject to pertinent laws that govern City departments and government entities.

Role of the Department of Neighborhood Empowerment (EmpowerLA). EmpowerLA has a diverse role in supporting the Neighborhood Council system. EmpowerLA’s core responsibility is to provide direct neighborhood council support. In addition to providing meeting and training support for Neighborhood Councils, EmpowerLA is also expected to ensure that Neighborhood Council boards follow all laws, policies, and procedures that apply to the Neighborhood Council System. EmpowerLA also conducts trainings for City departments, elected offices, and stakeholders about the System. The Department is a liaison between Neighborhood Councils and these City decision-makers. Additionally, EmpowerLA administers and oversees awareness, engagement, and election outreach for the NC System. 

Role of Office of the City Attorney. The Office of the City Attorney Neighborhood Council Advice Division (NCAD) performs the function of general counsel for the City’s Neighborhood Council System and advises on the laws that impact the operations of the Neighborhood Councils, including laws that pertain to conflict of interest. 

Role of Office of the City Clerk. The Office of the City Clerk sets regulations, policies, and guidelines regarding the funding of the Neighborhood Council System and administers neighborhood council elections. 

A. Neighborhood Council Election Handbook: The Neighborhood Council Election Division handbook and website provide voters, candidates, and other neighborhood council participants with important policies and information about the Neighborhood Council election process.

B. Neighborhood Council Funding Program Policies and Guidelines: The Neighborhood Council Funding Program issues policies and guidelines related to the funding provided to neighborhood councils.

Regulatory Framework

As you begin your journey with the Neighborhood Council System, it is essential to understand the regulatory framework within which it operates. These laws include:

1. 1. • • The Brown Act
        • The Public Records Act
        • The Americans with Disabilities Act
        • City Administrative Codes
        • Commission Policies
        • Neighborhood Council bylaws and standing rules

 Federal Laws Governing the Neighborhood Council System 

 A.   U.S. Constitution. Provisions of the U.S. Constitution, including the First Amendment’s Free Speech, Establishment, and Free Exercise clauses, may be applicable to Neighborhood Council operations, such as meetings and events.
 
B.    Americans with Disabilities Act. The Americans with Disabilities Act is a federal law designed to protect the rights of individuals with disabilities.  Title II of the Americans with Disabilities Act (ADA) applies to the operations of state and local governments and may be applicable to the operations of neighborhood councils 

State Laws Governing the Neighborhood Council System 

A.    California Constitution. The state constitution protects individual rights and may be applicable to Neighborhood Council operations, such as meetings and events. Other relevant provisions include Article XVI, section 6 (the prohibition against a gift of public funds), and Article I, section 3 (incorporation of the California Public Records Act).

B. The California Public Records Act. The California Public Records Act is a state law providing the public access to public records. Neighborhood councils must respond to Public Records Act (PRA) requests for its records. 

C.    The Political Reform Act of 1974. The Political Reform Act is a state law meant to ensure that certain public officials are free from bias caused by their own financial interest and act in an impartial manner. Neighborhood Councils abide by applicable provisions. 

D.    The Ralph M. Brown Act. The Ralph M. Brown Act is a state law requiring open and public meetings and has been applied to neighborhood councils through the Act’s definition of legislative bodies. 

E.    California Government Code § 1090. Government Code section 1090 is a state law that prohibits public officials and employees from having a personal financial interest in public contracts. Because Neighborhood Councils are given some limited authority to recommend or advise on Citycontracts and to make purchases using City funds, Government Code section 1090 is applicable. 

F.    Assembly Bill 1234 (Ethics Training Law): In January 2006, the State of California adopted Assembly Bill 1234, commonly known as the “Ethics Training Law.” As a result, elected, selected, and appointed Neighborhood Council board members are required to take the Ethics and Open Government training every two years. All board members must complete the State of California-administered Ethics Training before they can vote on Neighborhood Council-agendized business.

G. Federal Employment Practice Laws. In addition, Neighborhood Councils abide by laws and policies preventing workplace violence, sexual harassment, and discrimination.

City Laws Rules Governing the Neighborhood Council System 

A.    The Los Angeles City Charter. The City Charter created the Department of Neighborhood Empowerment, the Board of Neighborhood Commissioners, and a citywide system of Neighborhood Councils. Article IX, sections 900 to 914 relate to the Neighborhood Council system. 

B.    The Los Angeles Administrative Code. The Administrative Code consists of administrative and procedural City ordinances. Chapter 28. relates to the Neighborhood Council System. Other relevant sections include section 5.517 (administration of the Neighborhood Empowerment Fund), spaces), section 10.2.1(b) (funding for neighborhood purposes grants), section 20.36 (neighborhood council elections), and section 22.535 (neighborhood council office and meeting spaces). 

C.    The Los Angeles Municipal Code. The Municipal Code contains criminal and regulatory ordinances. The City Council has passed ordinances within the Municipal Code, which relate to, among other things, notice to the Neighborhood Council system regarding certain land use matters. General City contracting rules can be found in the City Charter (starting at section 370) and within the Administrative Code (starting at section 10.1). 

D.    City of Los Angeles Personnel Policies: The City recognizes that a workforce of individuals with diverse personal backgrounds, ideas, talents, and experiences facilitates an opportunity for each individual to make a unique contribution to the workplace and to provide superior and equitable service to all of the communities of Los Angeles. Harassment or discrimination based on a protected category as defined by the Fair Employment and Housing Act or (FEHA) activity that interferes with the City’s goals of maintaining a diverse, equitable, inclusive, and productive workplace is not tolerated. The Office of the City Attorney Labor Relations Division may be asked to investigate questions in this area pertaining to Neighborhood Council boards or board members. When this occurs, board members are expected to comply with the investigation. Failure to do so may give cause for removal of the reluctant  board members by the Department. 

E.    Fundraising Rules. The city’s campaign finance ordinance restrictions do not apply to Neighborhood Council elections. However, any donations candidates receive are considered gifts which may require them to recuse themselves if the candidate is elected. Recusal will be required on any matter which directly involves the donor or has the requisite impact on the donor if the donor has given gifts in the amount of $500 or more in total during 12 months prior to the decision. If the Board candidate is a public official with disclosure obligations, such as a city employee, applicable gift limits of City and state law would apply to contributions received by the Board candidate.

Board of Neighborhood Commissioners 

The Board of Neighborhood Commissioners establishes policies and promulgates rules and regulations relating to the Neighborhood Council System. Pursuant to section 902 of the City Charter, the Board is responsible for policy setting and oversight, including the approval of contracts and leases and the promulgation of rules and regulations for the Neighborhood Council System.

 A Few Important Ordinances, Neighborhood Council Policies, and Rules. 

A.    Plan for a Citywide System of Neighborhood Councils The Plan contains a statement of policies and objectives of the Neighborhood Council System. 

B.    Neighborhood Council Bylaws: The bylaws of a Neighborhood Council are established to provide a written framework and an organizational structure for that particular Neighborhood Council. Bylaws establish, among other things, an organization’s management structure, procedures, and dispute resolution processes. 

C.    Neighborhood Council Standing Rules: The Standing Rules of a Neighborhood Council detail the administrative rules of that neighborhood council. As a best practice, a copy of the Standing Rules should be added to the Neighborhood Council website making it accessible to the public.

D.    Parliamentary procedure – Robert’s Rules of Order or Rosenberg’s Rules of Order: Parliamentary procedure is a tool to help neighborhood council boards to be more effective and productive during their meetings. A neighborhood council’s bylaws state which rules of order apply. 

Pursuant to the Board of Neighborhood Commissioners Leadership Orientation Policy (2020-1) , elected as well as selected Board Members and candidates are required to affirm that they have received the aforementioned information and affirm their agreement to abide by the requirements and responsibilities of Neighborhood Council board members. The Department may maintain a public list of all board members and candidates who have affirmed or who have failed to affirm. 

1. 1. • • The Department may require newly elected board members to participate in a mandatory orientation prior to board service. All mandatory trainings must be completed before board service can begin.
        • To learn more about candidates for Neighborhood Council board service, we may ask you to provide demographic information. The information is used by the Department to improve the direct neighborhood council services it provides Neighborhood Councils. 

In conclusion, serving as a Neighborhood Council board member is a vital and rewarding role that demands dedication, integrity, and a commitment to public service. Board members act as a bridge between the community and City government, ensuring that local voices are heard and considered in decision-making processes. To fulfill this responsibility, board members must adhere to a range of local, state, and federal regulations, complete essential trainings, and uphold the principles of transparency, accountability, and inclusivity. With the support of the Department of Neighborhood Empowerment, the Office of the City Attorney, the Office of the City Clerk, and the Board of Neighborhood Commissioners, Neighborhood Councils are empowered to foster civic engagement and promote positive change within their communities. By embracing these responsibilities, board members help strengthen democracy at the grassroots level and contribute meaningfully to the well-being and future of Los Angeles.