-1- VERIFIED PETITION FOR WRIT OF MANDATE 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Kelly A. Aviles (SBN 257168) LAW OFFICES OF KELLY AVILES 1502 Foothill Blvd., #103-140 La Verne, California 91750 Telephone: (909) 991-7560 Facsimile: (909) 991-7594 Email: [email protected]Dennis A. Winston, (SBN 068049) DENNIS A. WINSTON, A PROFESSIONAL LAW CORPORATION 3221 Carter Ave., Apt. 444 Marina Del Rey, CA 90292 Telephone: (310) 306-44099 Facsimile: (310) 306-4499 JOSEPH T. FRANCKE (SBN 88654) 2218 Homewood Way Carmichael, California 95608 Telephone: (916) 487-7000 Facsimile: (916) 487-7999 Attorneys for Petitioner CALIFORNIANS AWARE SUPERIOR COURT OF THE STATE OF CALIFORNIA FOR THE COUNTY OF LOS ANGELES CALIFORNIANS AWARE, Petitioner/Plaintiff, v. LOS ANGELES COUNTY BOARD OF SUPERVISORS, Respondent/Defendant. ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) Case No.: VERIFIED PETITION FOR WRIT OF MANDATE, AN INJUNCTION, AND DECLARATORY RELIEF FOR VIOLATIONS OF THE RALPH M. BROWN ACT WITH EXHIBITS A THROUGH M [Cal. Government Code Section 54950, et seq.] This action seeks relief from the failure of Respondent/Defendant LOS ANGELES COUNTY BOARD OF SUPERVISORS to perform as required by Ralph M. Brown Act
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-1- VERIFIED PETITION FOR WRIT OF MANDATE
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Kelly A. Aviles (SBN 257168) LAW OFFICES OF KELLY AVILES 1502 Foothill Blvd., #103-140 La Verne, California 91750 Telephone: (909) 991-7560 Facsimile: (909) 991-7594 Email: [email protected] Dennis A. Winston, (SBN 068049) DENNIS A. WINSTON, A PROFESSIONAL LAW CORPORATION 3221 Carter Ave., Apt. 444 Marina Del Rey, CA 90292 Telephone: (310) 306-44099 Facsimile: (310) 306-4499 JOSEPH T. FRANCKE (SBN 88654) 2218 Homewood Way Carmichael, California 95608 Telephone: (916) 487-7000 Facsimile: (916) 487-7999 Attorneys for Petitioner CALIFORNIANS AWARE
SUPERIOR COURT OF THE STATE OF CALIFORNIA
FOR THE COUNTY OF LOS ANGELES
CALIFORNIANS AWARE, Petitioner/Plaintiff, v. LOS ANGELES COUNTY BOARD OF SUPERVISORS, Respondent/Defendant.
) ) ) ) ) ) ) ) ) ) ) ) ) ) ) )
Case No.: VERIFIED PETITION FOR WRIT OF MANDATE, AN INJUNCTION, AND DECLARATORY RELIEF FOR VIOLATIONS OF THE RALPH M. BROWN ACT WITH EXHIBITS A THROUGH M [Cal. Government Code Section 54950, et seq.]
This action seeks relief from the failure of Respondent/Defendant LOS ANGELES
COUNTY BOARD OF SUPERVISORS to perform as required by Ralph M. Brown Act
-2- VERIFIED PETITION FOR WRIT OF MANDATE
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(“Brown Act”)1, thereby denying the public’s right to the protections afforded by our State’s
open government laws and the California Constitution2
Petitioner/Plaintiff CALIFORNIANS AWARE seeks a writ of mandate, injunctive, and
declaratory relief under California Code of Civil Procedure sections 1085 and 1060 and
Government Code section 54960
.
3
. In this Verified Petition, Petitioner alleges as follows:
THE PARTIES
1. Petitioner/Plaintiff Californians Aware (“CalAware”) is a 501(c)(3) non-profit
public benefit corporation organized under the laws of California, governed by a board
comprised of public officials, publicly-minded citizens, and journalists, whose mission includes
the promotion and defense of the principles of open government.
2. Respondent/Defendant LOS ANGELES COUNTY BOARD OF
SUPERVISORS (“Board” or “Respondent”) is the elected, five-member governing body of Los
Angeles County (“County”), California. The Board’s executive offices are located in the
Kenneth Hahn Hall of Administration, 500 West Temple Street, Room 383
Los Angeles, California 90012. The County is defined as a “local agency” by § 54951. The
Board is a “legislative body” under § 54952.
MATERIAL FACTS
3. On or about April 2011, Assembly Bill 109 (AB 109) was signed into law. AB
109, also known as the Public Safety Realignment, provides for the transfer of criminal justice
responsibilities from the state prisons and parole board to local county officials and superior
1 Government Code, § 54950, et seq. 2 California Constitution, Article 1, § 3 3 All further statutory references are to the Government Code, unless otherwise indicated.
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courts. Through this legislation, as well as subsequent amending legislation, county
government must now assume significant new correction, reentry, and community supervision
responsibilities for certain persons convicted of non-serious, non-violent felonies. The
implementation of the key provisions of the Realignment, as set forth in AB 109, began
October 1, 2011.
4. On September 20, 2011, the Board held a regular meeting. A true and correct
copy of that Agenda is attached hereto as Exhibit “A” and a true and correct copy of the
Statement of Proceedings (also known as the Minutes) for that meeting is attached hereto as
Exhibit “B.” Also, a true and correct copy the transcript of that meeting is attached hereto as
“Exhibit C.”
5. The agenda for that meeting lists numerous items that relate to AB 109.
• Discussion Item 38 (Exhibit A, page 20) described as “Report on the Sheriff’s
comprehensive Jail Management Plan regarding AB 109, including a discussion on
the contracting option with public community correctional facilities and different
scenarios that maximize public safety and the percentage of time served by the ‘N3’
population, as requested at the meeting of August 30, 2011.”
• Discussion Item A-6 (Exhibit A, page 23) described as “Report by the Community
Corrections Partnership – Executive Committee on the development of a local
realignment implementation plan, established by AB109 which shifts major public
safety programs from the State to the counties, as requested by the Board at the
meeting of June 7, 2011.”
• A closed session item A-2, (Exhibit A, page 22) was apparently continued from a
previous meeting for further discussion and action by the Board. The closed session
item is described as “CONFERENCE REGARDING POTENTIAL THREATS TO
PUBLIC SERVICES OR FACILITIES (Government Code Section 54957) Briefing
-4- VERIFIED PETITION FOR WRIT OF MANDATE
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by Sheriff Leroy D. Baca or his designee and related emergency services
representatives.”
6. As the September 20, 2011 meeting began, just after the initial opening items
were concluded, the Board started to discuss to the Realignment4
. The discussion reflected
Supervisors’ concerns, which mainly included funding, administrative challenges, and
accepting people with mental health problems. At some point in the discussion, a motion was
made to add an item to the agenda - a conference call with the governor to discuss the
Supervisors’ concerns. A portion of the discussion is excerpted from Exhibit C, pages 48-49,
and set forth below:
SUP. MOLINA: I APPRECIATE IT. I THINK WE SHOULD GIVE THE AUTHORITY TO OUR COUNTY COUNSEL TO TAKE WHATEVER ACTION NECESSARY. BUT I DO REALLY THINK IT REQUIRES PICKING UP THE PHONE AND TALKING TO THE GOVERNOR, HONESTLY. AND SAY THERE'S NOT A CLEAR PARTNERSHIP HERE. AND WE REALLY WANT TO BE A PARTNER. WE'RE TRYING TO GET OURSELVES READY AND YOUR DEPARTMENT HAS TO PROVIDE THIS INFORMATION. BECAUSE EVEN WITH THOSE MENTALLY DISORDERED OFFENDERS IS A HIGH, HIGH END, HIGH END; ALL RIGHT? THERE'S STILL A LOT OF PEOPLE THAT HAVE MENTAL HEALTH ISSUES THAT COULD BE CONSIDERED VIOLENT OR INCAPABLE OF ADDRESSING THEIRSELVES UNLESS THEY GET APPROPRIATE TREATMENT, APPROPRIATE FACILITIES, BEDS THAT WE NEED. WE CAN'T PREPARE FOR THOSE FOLKS IF WE DON'T KNOW. SO I GUESS WHAT I'M SAYING IS A FIVE-SIGNATURE LETTER, YES, WE SHOULD SEND IT. BUT HONESTLY IT SHOULD BE A PHONE CALL TO THE GOVERNOR AND HIS STAFF ASKING HIM WE WANT TO PARTNER WITH YOU. THE PARTNERSHIP STARTS WITH GETTING US ALL THE INFORMATION. IF WE DON'T HAVE IT, WHAT KIND OF A PARTNERSHIP WOULD THAT BE? AND OF COURSE I DON'T KNOW IF HE'LL TAKE ANY ACTION OR NOT. AND I THINK WE SHOULD STAND READY TO HAVE OUR LAWYERS GO AT IT. SUP. YAROSLAVSKY: I THINK, EXACTLY.
4 The Discussion, in its entirely, can be read at Exhibit C, starting at page 29, line 5.
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SUP. ANTONOVICH, MAYOR: DECLARE AN EMERGENCY REQUIREMENT THAT WE CONTACT TELEPHONE IN EXECUTIVE SESSION THE GOVERNOR TODAY TO TALK TO HIM ON THAT. THAT WILL BE THE THIRD PART OF THAT MOTION. SUP. MOLINA: EVEN BETTER.
7. The Statement of Proceedings for that meeting (Exhibit B, pages 25-26)
confirms the action taken by the Board:
After discussion, on motion of Supervisor Antonovich, seconded by Supervisor Molina, the Board took the following actions: 1. Instructed County Counsel to report back with clarification on what authority the County has to contract with penal facilities out of State, if another state has bed space available; 2. Requested the Sheriff to provide a follow-up plan that includes a blended use of bed options to maximize the limited State funding and the percentage of time served, reducing the start up time for the need for bed space; provide a status on when a budget will be available in relation to the costs of opening up bed space; and to review the number of inmates being released in the first two weeks to get a better estimate of the costs associated with opening up a specific number of beds and facilities, and have the Chief Executive Officer review; 3. Instructed the Chief Executive Officer to prepare and send a five-signature letter to the Governor communicating the issues related to the implementation of AB 109; 4. Authorized County Counsel to take whatever legal action is necessary to protect Los Angeles County in fulfilling the intent of AB 109; and 5. Made a finding pursuant to Government Code Section 54954.2(b)(2), that there is a need to take immediate action and that the need for action came to the attention of the Board subsequent to the agenda being posted as specified in Section 54954.2(a); and designated item CS-8, Conference with Legal Counsel on anticipated litigation, pursuant to Government Code Section 54956.9, Subdivision (c), to allow the Board to call the Governor to discuss issues relating to AB 109.5
8. On September 21, 2011, the Board held a meeting to discuss a single item of
business in closed session. Petitioner is informed and believes, and upon that basis, alleges that
no Agenda was posted or exists for that meeting. A true and correct copy of the Statement of
Proceedings (also known as the Minutes) for that meeting is attached hereto as Exhibit “D.”
The Statement of Proceedings for that meeting confirms that the topic of the closed session
discussion was:
CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION (Subdivision (c) of Government Code Section 54956.9)
Initiation of litigation (one case)
Identified as Item Number 38, on the posted Agenda for September 20, 2011.
No reportable action was taken.6
9. On September 26, 2011, the Board held a special meeting. A true and correct
copy of the Agenda for that meeting is attached hereto as Exhibit “E” and a true and correct
copy of the Statement of Proceedings for that meeting is attached hereto as Exhibit “F.” The
agenda for that special meeting listed a single item of business – a closed session - entitled:
CONFERENCE REGARDING POTENTIAL THREATS TO PUBLIC SERVICES OR FACILITIES *Subdivision (a) of Government Code Section 54957) Consultation with the Sheriff, Chief Probation Officer, Department of Mental Health, Secretary of California Department of Corrections and Rehabilitation, and the Secretary of Californian Health and human Services Agency, or their respective deputies, and other appropriate and necessary County and State officials, on matters posing a potential threat to the public’s right of access to public services of public facilities due to the impact of AB 109. 10. On September 26, 2011, the Inland Valley Daily Bulletin reported that
Supervisor Antonovich stated that, “[w]e had a phone conference call with the governor and
were shocked at this lack of understanding of the consequences of dumping state felons on the
6 Emphasis in original.
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doorstep of every county in this state.” A true and correct copy of that article is attached hereto
as “Exhibit G”.
11. Petitioner was alerted to the issues raised in this Petition after reading an article
and an editorial published by the Los Angeles Times, entitled respectively “Supervisors dodge
questions after private talk with Jerry Brown” and “L.A. supervisors’ inconvenient public.”
True and correct copies of both the article and the editorial are attached here to as Exhibits “H”
and “I”, respectively.
12. Concerned about the legality of the September 26th closed session, on or about
October 4, 2011, Petitioner instructed its legal counsel, the Law Offices of Kelly A. Aviles, to
send a Demand for Cure and Correction (“Demand”) to the Board on behalf of Petitioner
Californians Aware. A true and correct copy of the Demand is attached hereto as Exhibit “J.”
In the Demand, counsel for Petitioner notified the Board that the September 26th closed session
was improper and also raised concerns about the Brown Act implications of the phone
conference referenced by Supervisor Antonovich in the Daily Bulletin article.
13. On or about November 3, 2011, the Office of County Counsel responded to
CalAware’s Demand (“Response”), denying that any of the Board’s conduct violated the
Brown Act. A true and correct copy of the Response is attached hereto as “Exhibit G.” More
specifically, County Counsel stated:
We disagree with your assertions that Government Code section 54957(a) does not allow the closed session that took place and that no one other than the individuals listed may attend a closed session held pursuant to that section. Thus, pursuant to Government Code section 54960.1(c)(2), no corrective action is necessary since there has been no violation of the Brown Act. As to the referenced conference call with the Governor, pursuant to Government Code section 54960(c)(2), as more fully discussed below, we acknowledge that this should have been noticed pursuant to Government Code section 54957(a). No action was taken at the meeting and no corrective action is necessary.
-8- VERIFIED PETITION FOR WRIT OF MANDATE
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…¶… Finally, contrary to your assertion…public comment was allowed during the Board’s consideration of the item in compliance with Government Code section 54954.3. Following its closed session discussion, the Board moved into open session in the Board of Supervisors hearing room and heard public comment from three speakers. This occurred during the meeting since the Board was fee to reconvene in closed session after hearing public comment but chose not to do so. …¶… On September 21, 2011, the Board and its County Counsel met in a noticed closed session (which had been continued from the previous day) to discuss with the State the impact of AB 109. This item was noticed as a conference with legal counsel to discuss anticipated litigation pursuant to Government Code section 54956.9(c). However, based on the same analysis applicable to the September 26, 2011, closed session, it should have been noticed as conference regarding a potential threat to public services of facilities pursuant to Government Code section 54957(a). No action was taken at the meeting. For these reasons, no corrective action is necessary. 14. In a letter to the Board dated January 24, 2012, the Los Angeles County District
Attorney opined that the closed session on September 26th had violated the Brown Act. A true
and correct copy of that letter is attached hereto as Exhibit “H”.
15. On January 31, 2012, the Los Angeles Times published an article entitled, “L.A.
County supervisors violated open meeting laws, D.A. says.” A true and correct copy of that
article is attached hereto as Exhibit “I”. The article references an email from County Counsel,
in response to the issue of whether the closed session was legal. The article quotes her email as
stating “reasonable people and even reasonable lawyers can disagree.”
16. Petitioner is informed and believes, and on that basis, alleges that Respondent
has previously been found to have violated the Brown Act. The findings include, but are not
necessarily limited to, those set forth in Los Angeles Times Communications LLC v. Los
Angeles County Board of Supervisors (2003) 112 Cal.App.4th 1313.
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CAUSE OF ACTION
FOR VIOLATIONS OF THE RALPH M. BROWN ACT
(RELIEF PURSUANT TO SECTION 54960; CCP SECTIONS 1060, 1085)
17. Petitioner hereby realleges and incorporates herein by this reference Paragraphs 1
thorough 16 of this Petition as though set forth herein in full.
18. Government Code section 54952.2(a),7
… any congregation of a majority of the members of a legislative body at the same time and location … to hear, discuss, deliberate, or take action on any item that is within the subject matter jurisdiction of the legislative body.
defines the term “meeting” as:
19. Government Code section 54953 mandates that “[a]ll meetings of the legislative
body of a local agency shall be open and public, and all persons shall be permitted to attend any
meeting of the legislative body, except as otherwise provided in this chapter.”
20. Government Code section 54954(a) sets forth the agenda requirements for
regular meetings:
At least 72 hours before a regular meeting, the legislative body of the local agency, or its designee, shall post an agenda containing a brief general description of each item of business to be transacted or discussed at the meeting, including items to be discussed in closed session…. No action or discussion shall be undertaken on any item not appearing on the posted agenda…
21. Government Code section 54954(b) makes an exception to the general agenda
requirements set forth in section 54954(a) where items not appearing on the agenda may be
discussed and acted on if:
7 Section 54952.2 contains exceptions not applicable here.
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[u]pon a determination by a two-thirds vote of the members of the legislative body present at the meeting, or, if less than two-thirds of the members are present, a unanimous vote of those members present, that there is a need to take immediate action and that the need for action came to the attention of the local agency subsequent to the agenda being posted as specified in subdivision (a).
22. Government Code section 54956 sets forth the agenda requirements for special
meetings:
The call and notice shall specific the time and place of the special meeting and the business to be transacted or discussed. No other business shall be considered at these meetings by the legislative body.
23. Government Code section 54954.3(a) requires that “[e]very notice for a special
meeting shall provide an opportunity for members of the public to directly address the
legislative body concerning any item that has been described in the notice for the meeting
before or during consideration of that item.”
24. Government Code section 54957(a) provides authorization for closed sessions
relating to a “threat to public security”:
Nothing contained in this chapter shall be construed to prevent the legislative body of a local agency from holding closed sessions with the Attorney General, district attorney, agency counsel, sheriff, or chief of police, or their respective deputies, or a security consultant or a security operations manager, on matters posing threat to the security of public buildings, a threat to the security of essential public services, including water, drinking water, wastewater treatment, natural gas service, and electric service, or a threat to the public’s right of access to public services of public facilities. 25. Petitioner is informed and believes, and on that basis alleges, that Respondent
has violated the Brown Act by:
a. discussing and taking action on an item of business not appearing on the posted
agenda at its regular meeting held on September 20, 2011, without meeting the
requirements as set forth in § 54954(b);
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b. holding a closed session at its regular meeting held on September 20, 2011,
under § 54957(a), and discussing items that were outside the scope of that
closed session provision;
c. holding a closed session under § 54956.9(c) during the September 21, 2011,
special meeting, where the Board was not entitled to do so and discussed
matters unrelated to the possible initiation of litigation;
d. holding a closed session under § 54957(a) at its September 26, 2011 special
meeting, to discuss items outside the scope of that closed session provision, and
by including persons in the closed session who would not have been entitled to
attend a proper closed session under that provision;
e. inadequately describing the business to be transacted in violation of § 54956 at
both the September 21, 2011, and September 26, 2011 special meetings; and,
f. depriving the public of its opportunity to address the board, in violation of §
54954.3 by failing to allow public comment before or during the items
considered at the special meetings on September 21, 2011 and September 26,
2011.
26. Petitioner alleges that Respondent’s numerous violations of the Brown Act, as set
forth above and as have occurred in the past, evidence a pattern and practice of ignoring the
state’s open meeting laws, which has deprived Petitioner and members of the public of proper
notice and of their right to be present at meetings and address the Board on the items of business
to be discussed.
27. Without a court order, Respondent is likely to continue to violate the law and
Petitioner and other interested persons, citizens, and taxpayers will be irreparably harmed
because they will be denied notice of and the opportunity to participate in the Board’s meetings,
a right which is guaranteed by law.
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28. Section 54960(a) provides that any interested person, such as the Petitioner:
… may commence an action by mandamus, injunction, or declaratory relief for the purpose of stopping or preventing violations or threatened violations of this chapter by members of the legislative body of a local agency or to determine the applicability of this chapter to actions or threatened future action of the legislative body, or to determine whether any rule or action by the legislative body to penalize or otherwise discourage the expression of one or more of its members is valid or invalid under the laws of this state or of the United States, or to compel the legislative body to audio record its closed sessions as hereinafter provided.
29. Because the Board has failed to acknowledge its violations of the Brown Act,
Respondent is likely to continue to violate the Brown Act in the future.
30. Because County Counsel for the Board has stated that the Board’s prior actions
did not constitute violations of the Brown Act, it is likely the Board will continue to violate the
Brown Act in the future.
31. The Board has ignored the public’s rights to be informed and involved and
should therefore be ordered by this court to tape record future closed sessions.
32. The People of California have elevated the right to open government to one
protected by their State Constitution. The California Constitution, Article 1, Section 3,
Paragraphs (a) - (b) state:
The people have the right to instruct their representatives, petition government for redress of grievances, and assemble freely to consult for the common good. The people have the right of access to information concerning the conduct of the people's business, and, therefore, the meetings of public bodies and the writings of public officials and agencies shall be open to public scrutiny. A statute, court rule, or other authority, including those in effect on the effective date of this subdivision, shall be broadly construed if it furthers the
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people's right of access, and narrowly construed if it limits the right of access.8
33. Code of Civil Procedure § 1060 provides:
Any person interested … who desires a declaration of his or her rights or duties with respect to another … may, in cases of actual controversy relating to the legal rights and duties of the respective parties, bring an original action or cross-complaint in the superior court for a declaration of his or her rights and duties in the premises, including a determination of any question of construction or validity arising under the instrument or contract. He or she may ask for a declaration of rights or duties, either alone or with other relief; and the court may make a binding declaration of these rights or duties, whether or not further relief is or could be claimed at the time…. 34. There presently exists, between the Petitioner and the Board, an actual
controversy relating to: (1) the legal rights of Petitioner and other members of the public under
the Brown Act; and (2) the ministerial duties imposed upon the Board by the Brown Act.
35. Petitioner requests a judicial determination that Respondent has violated, and is
likely to continue to violate, the Brown Act.
36. This determination is necessary and proper because Respondent refuses to
conform to the requirements of the Brown Act.
37. Respondent has a ministerial duty to perform according to the laws of the State of
California, including the Brown Act.
38. Respondent has failed and refused to perform its ministerial duties as required by
the Brown Act.
8 Emphasis added
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39. Petitioner has a clear, present, and legal right to Respondent's performance of its
ministerial duties, as required by the Brown Act.
40. Respondent has a present legal duty and present ability to perform its ministerial
duties set forth in both the Brown Act.
41. Petitioner has an interest in having the laws executed and public duties enforced
and, therefore, has a beneficial interest in the outcome of the proceedings.
42. Through this action, Petitioner seeks no greater relief that would be afforeded to
any other member of the public.
43. Petitioner has exhausted its administrative remedies. Petitioner has requested
that the Board acknowledge the violation and assure the public that similar violations will not
occur in the future but Respondent refuses to acknolwedge and/or correct the violations. The
only plain, speedy, and adequate remedy left to Petitioner is the relief provided by Government
Code §§ 54960.
WHEREFORE, PETITIONER PRAYS AS FOLLOWS:
1. For a declaration that Respondent LOS ANGELES COUNTY BOARD OF
SUPERVISORS violated the Brown Act Act by:
a. discussing and taking action on an item of business not appearing on the posted
agenda at its regular meeting held on September 20, 2011, without meeting the
requirements as set forth in § 54954(b);
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b. holding a closed session at its regular meeting held on September 20, 2011,
under § 54957(a), and discussing items that were outside the scope of that
closed session provision;
c. holding a closed session under § 54956.9(c) during the September 21, 2011,
special meeting, where the Board was not entitled to do so and discussed
matters unrelated to the possible initiation of litigation;
d. holding a closed session under § 54957(a) at its September 26, 2011 special
meeting, to discuss items outside the scope of that closed session provision, and
by including persons in the closed session who would not have been entitled to
attend a proper closed session under that provision;
e. inadequately describing the business to be transacted in violation of § 54956 at
both the September 21, 2011, and September 26, 2011 special meetings; and,
f. depriving the public of its opportunity to address the board, in violation of §
54954.3 by failing to allow public comment before or during the items
considered at the special meetings on September 21, 2011 and September 26,
2011.
2. Issue a peremptory writ of mandate ordering Respondent LOS ANGELES
COUNTY BOARD OF SUPERVISORS to perform as required by the Brown Act;
3. Issue a peremptory writ of mandate ordering Respondent LOS ANGELES
COUNTY BOARD OF SUPERVISORS to comply with the Brown Act provisions in a manner
that conforms to the and to release any audio/video recordings of the illegal closed session
discussions;
4. That the Petitioner/Plaintiff recover attorneys' fees incurred in this action
pursuant to Government Code Section 54960.5 and/or Code of Civil Procedure Section 1021.5;
Exhibit A
AGENDA FOR THE REGULAR MEETING OF THE BOARD OF SUPERVISORS
COUNTY OF LOS ANGELES, CALIFORNIA
AGENDA POSTED: September 15, 2011
MEETING TELEVISED: Wednesday, September 21, 2011 at 10:00 p.m. on KLCS
Assistive listening devices, agenda in Braille and/or alternate formats are available upon request.
American Sign Language (ASL) interpreters, other auxiliary aids and services, or reasonable
modifications to Board meeting policies and/or procedures, such as to assist members of the
disability community who would like to request a disability-related accommodation in addressing
the Board, are available if requested at least three business days prior to the Board meeting. Later
requests will be accommodated to the extent feasible. Please telephone the Executive Office of
the Board at (213) 974-1426 (voice) or (213) 974-1707 (TTY), from 8:00 a.m. to 5:00 p.m.,
Monday through Friday.
Supporting documentation is available at the Executive Office of the Board located at the Kenneth
Hahn Hall of Administration, 500 W. Temple Street, Room 383, Los Angeles, California 90012,
and may also be accessible on the Board of Supervisors' website at http://bos.co.la.ca.us/
Máquinas de traducción disponibles a petición. Intérpretes para las juntas de los Supervisores del
Condado de Los Angeles, favor de llamar al (213) 974-1426 entre las horas de 8:00 a.m. a 5:00
p.m., lunes a viernes, con tres dias de anticipación.
Executive Officer
Sachi A. Hamai
Gloria Molina
Supervisor
First District
Mark Ridley-Thomas
Supervisor
Second District
Zev Yaroslavsky
Chair Pro Tem
Third District
Don Knabe
Supervisor
Fourth District
Michael D. Antonovich
Mayor
Fifth District
TUESDAY, SEPTEMBER 20, 2011, 9:30 A.M.
Invocation led by Father Krikor Gregory Chahinian, Saint Gregory Armenian Catholic Church,
Glendale (5).
Pledge of Allegiance led by Justin Cham, Former Sergeant, United States Marine Corps, Long
Beach (4).
KENNETH HAHN HALL OF ADMINISTRATION
500 WEST TEMPLE STREET
LOS ANGELES, CALIFORNIA 90012
BOARD HEARING ROOM 381B
TUESDAY, SEPTEMBER 20, 2011Board of Supervisors Agenda
I. PRESENTATIONS/SET MATTERS
Presentation of scroll to Dr. William De Rubertis upon his retirement from
Pierce College, as arranged by Supervisor Antonovich.
Presentation of scrolls to the recipients of the Department of Children and
Family Services’ Enrichment Plus Awards, as arranged by Supervisor
Antonovich.
Presentation of scrolls to the heroes of the Department of Children and
Family Services’ “Family Reunification Week,” as arranged by Supervisor
Antonovich.
Presentation of scroll to Candy Cargill-Fuller, Divisional Director, Behavioral
Health Services, in recognition of “National Recovery Month,” as arranged
by Supervisor Antonovich.
Presentation of pets to the television audience for the County’s Pet
Adoption Program, as arranged by Supervisor Antonovich.
Presentation of scroll to representatives from the American Diabetes
Association to proclaim October 2, 2011 as “Step Out Walk to STOP
Diabetes Day” throughout Los Angeles County, as arranged by Supervisor
Ridley-Thomas.
Presentation of scroll to Better Balance for Long Beach in recognition of
winning the 2011 Neighborhoods USA's National Neighborhood of the Year
Grand Prize for "The One Day Christmas Store - Shopping with Dignity," as
arranged by Supervisor Knabe. (11-0038)
Page 2 County of Los Angeles
TUESDAY, SEPTEMBER 20, 2011Board of Supervisors Agenda
S-1. 11:00 a.m.
Health Department Budget Committee of the Whole/Joint Meeting of the
Board of Supervisors: RECEIVE AND FILE (Continued from meetings of
7-19-11 and 8-16-11) NOTE: The Director of Health Services requests
that this item be continued to November 15, 2011.
Report by the Director of Health Services on the financial status of
the Department, to include a regular report on the status of the
Department’s planning activities; and report by the Director of Health
Services regarding the status on the implementation of the new
staffing model, utilizing certified medical assistants and associated
savings, as requested by the Board at the meeting of March 22,
2011. (08-1665)
Page 3 County of Los Angeles
TUESDAY, SEPTEMBER 20, 2011Board of Supervisors Agenda
II. SPECIAL DISTRICT AGENDA
AGENDA FOR THE MEETING OF
THE HOUSING AUTHORITY
OF THE COUNTY OF LOS ANGELES
TUESDAY, SEPTEMBER 20, 2011
9:30 A.M.
1-H. Recommendation: Approve and authorize the Executive Director to execute
Memoranda of Understanding (MOU) with the following Cities and amounts
which will enable the Housing Authority to continue investigations of the
Section 8 Housing Choice Voucher Program and other housing programs,
and for which the Housing Authority will receive funds from the stated Cities
for the investigative services provided, effective following execution by both
parties; also authorize the Executive Director to execute amendments to the
MOUs to include minor administrative changes, and to extend the time of
performance for a maximum of four years, in one-year increments; and
incorporate funds received from the Cities into future approved Housing
Authority budgets: APPROVE (Continued from meetings of 5-31-11,
6-14-11, 6-21-11 and 9-13-11)
City of Lancaster in the amount of $98,685, with an additional
$98,685 in County Economic Development Funds allocated to the
Fifth Supervisorial District (5); and
City of Palmdale in the amount of $62,000, with an additional $62,000
in County Economic Development Funds allocated to the Fifth
Supervisorial District (5) (11-2943)
Page 4 County of Los Angeles
TUESDAY, SEPTEMBER 20, 2011Board of Supervisors Agenda
III. BOARD OF SUPERVISORS 1 - 14
1. Recommendations for appointment/reappointment to Commissions/
Committees/Special Districts (+ denotes reappointments): Documents on
file in the Executive Office.
Supervisor Antonovich
John L. Moriarity, Howard L. Winkler, and Roger Gertmenian,
Commission on Alcohol and Other Drugs
Southern California Association for the Education of
Young Children
Fran Chasen, Policy Roundtable for Child Care (11-4131)
2. Recommendation as submitted by Supervisor Molina: Approve and
authorize the Chief Executive Officer to execute an agreement with
Chinatown Service Center, in the amount of $1,000. Documents on file in
the Executive Office. (11-4153)
3. Recommendation as submitted by Supervisor Antonovich: Proclaim
September 2011 as “National Recovery Month” throughout Los Angeles
County, and invite all residents to participate in local programs related to
National Recovery Month: Prevention Works, Treatment is Effective, People
Recover. (11-4062)
4. Recommendation as submitted by Supervisor Antonovich: Join the State in
declaring September 18 through September 24, 2011 as “Fall Prevention
Awareness Week” throughout Los Angeles County, and commend the Fall
Prevention Coalition for educating our community about ways to reduce
falls and fall-related injuries. (11-4060)
Page 5 County of Los Angeles
TUESDAY, SEPTEMBER 20, 2011Board of Supervisors Agenda
5. Recommendation as submitted by Supervisor Antonovich: Declare
September 18 through September 24, 2011 as “National Employ Older
Workers Week” throughout Los Angeles County, and encourage employers
throughout the County to actively recruit and hire older workers from this
valuable pool of candidates. (11-4077)
6. Recommendation as submitted by Supervisor Antonovich: Reduce the
rental fee to $600, excluding the deposit and staff fees and the cost of
liability insurance, at Veteran's Memorial Park for the Catholic Committee
on Scouting’s Annual Scout Retreat, to be held September 30, 2011
through October 2, 2011. (11-4116)
7. Recommendation as submitted by Supervisor Molina: Reduce the $20
parking fee to $9 per vehicle for 90 vehicles, excluding the cost of liability
insurance, at the Music Center garage for the Liberty Hill Foundation’s 2011
Wally Marks Leadership Institute for Change Graduation, to be held
September 21, 2011 from 8:00 a. m. to 5:00 p.m. (11-4117)
8. Recommendation as submitted by Supervisor Molina: Reduce the $6
parking fee to $3 for 300 vehicles totaling $900, excluding the cost of
liability insurance, at Whittier Narrows Regional Recreation Area for the
Petition No. 23-307, Amar Road, et al., Valinda Area (1);
Petition No. 25-307, Nogales Street, Valinda Area (1);
Petition No. 27-307, California Avenue, Valinda Area (1);
Petition No. 28-307, Temple Avenue, et al., Valinda Area (1);
Petition No. 30-307, Vineland Avenue, Valinda Area (1);
Petition No. 130-907, Holton Street, Valinda Area (1);
Petition No. 111-1108, Foxworth Avenue, Valinda Area (1);
Petition No. 113-1108, Traymore Avenue, Charter Oak Area (4);
Petition No. 14-309, Laurel Avenue, South Whittier (4);
Petition No. 62-608, Arnold Center Road, Carson (2);
Petition No. 182-1107, Washington Street, Diamond Bar (4);
Petition No. 107-707, High Pine Street, South San Gabriel Area (1).
(11-4069)
Page 15 County of Los Angeles
TUESDAY, SEPTEMBER 20, 2011Board of Supervisors Agenda
28. Recommendation: Award and authorize the Director of Public Works to
prepare and execute a construction contract for Project ID No.
RDC0012976 - California Boulevard, et al., to reconstruct and resurface
roadway pavement, in the City of Pasadena and in the unincorporated
communities of Altadena and East Pasadena (5), to Hardy & Harper, Inc., in
the amount of $1,734,000. (Department of Public Works) APPROVE
(11-4072)
29. Recommendations: Find that the requested changes in work will have no
significant effect on the environment and approve the changes and
increased contract amounts for the following construction contracts:
(Department of Public Works) APPROVE
Project ID No. RDC0014409 - Sierra Highway, widening and
reconstruction of roadway pavement in the unincorporated
community of Acton (5), for changes related to the installation of a
trash rack and removal of a corrugated metal pipe drain, with an
increase in the contract amount of $5,900, being performed by
Granite Construction Company; and
Project ID No. RDC0015264 - Cold Canyon Road, et al., installation
of centerline striping and a rumble strip in the unincorporated
community of Monte Nido (3), for a change related to removing
striping, with an increase in the contract amount of $42,000, being
performed by Pavement Recycling Systems, Inc. (11-4070)
Page 16 County of Los Angeles
TUESDAY, SEPTEMBER 20, 2011Board of Supervisors Agenda
Public Safety
30. Recommendation: Approve and authorize the Agricultural Commissioner/
Director of Weights and Measures (Director) to execute an agreement with
the California Department of Food and Agriculture which reimburses the
County $132,675 for inspections conducted at retail gas stations and
licensed weighmasters by employees of the Department, for the period of
July 1, 2011 through June 30, 2012; and authorize the Director to amend
the contract in an amount not to exceed 10% of the original amount, at no
cost to the County. (Department of Agricultural Commissioner/Weights
and Measures) APPROVE (11-4105)
31. Recommendation: Approve a mutual assistance agreement with the Society
for the Prevention of Cruelty to Animals Los Angeles to define the roles,
responsibilities, and liabilities of each party responsible for the emergency
response and relocation of animals during natural or man-made disasters
such as fires, floods, and earthquakes; and authorize the Director of Animal
Care and Control to approve the addition of other animal care and control
agencies to the agreement. (Department of Animal Care and Control)
APPROVE (11-4103)
Page 17 County of Los Angeles
TUESDAY, SEPTEMBER 20, 2011Board of Supervisors Agenda
32. Recommendation: Approve and instruct the Mayor to sign a
revenue-generating agreement with Public Communications Services, Inc.
to provide an Inmate Telephone System and Services for inmates and
juveniles being held in the Sheriff and Probation Departments’ facilities, with
an initial five-year term effective November 1, 2011 through October 31,
2016, and three additional one-year option periods, plus one additional
six-month period in any increment; and request the Sheriff to: (Sheriff's
Department and Probation Department) APPROVE
Execute Change Orders and amendments to the agreement as set forth
throughout the agreement, including when the original contracting entity
has merged, been purchased, or otherwise changed;
Include new or revised standard County contract provisions adopted by
the Board as required from time to time, including all applicable
documents;
Exercise any of the extension options;
Implement kiosks and incorporate new technologies, methodologies,
and techniques into the system at additional cost or less revenue to the
County; and
Implement rate adjustments mandated by the Federal Communications
Commission, and implement rate adjustments for speed dial calls.
(11-4106)
33. Recommendation: Approve the transfer of funds from Services and
Supplies to reimburse the Sheriff’s Special Appropriation Fund in the
amount of $18,059.24. (Sheriff’s Department) APPROVE (11-4064)
Page 18 County of Los Angeles
TUESDAY, SEPTEMBER 20, 2011Board of Supervisors Agenda
Miscellaneous Communication
34. Consideration of the Corrective Action Plan for the matter entitled Erick
Hoxey and Shatwan Smith v. County of Los Angeles, et al., United States
District Court Case No. CV091372. (Continued from meetings of 8-2-11 and
8-30-11) (11-3396)
Ordinances for Adoption
35. Ordinance for adoption approving and adopting a boundary change
between the County of Orange and the County of Los Angeles. ADOPT
(Continued from meetings of 7-26-11 and 8-23-11) (11-1461)
36. Ordinance for adoption amending the County Code Title 2 - Administration,
amending the local small business preference from 5% to 8%; and clarifying
the administration of the Local Business Enterprise Preference Program.
ADOPT (11-3955)
Page 19 County of Los Angeles
TUESDAY, SEPTEMBER 20, 2011Board of Supervisors Agenda
V. ORDINANCE FOR INTRODUCTION 37
37. Ordinance for introduction amending the County Code, Title 6 - Salaries
changing the title of one non-represented classification; and adding,
deleting, and/or changing certain classifications and number of ordinance
positions in the Departments of Animal Care and Control, Assessor,
Auditor-Controller, Board of Supervisors, Chief Information Officer, Children
and Family Services, Community and Senior Services, Consumer Affairs,
District Attorney, Fire, Health Services, Human Resources, Internal
Services, Los Angeles County Employee’s Retirement Association, Mental
Health, Military and Veterans Affairs, Parks and Recreation, Probation,
Public Health, Public Library, Public Social Services, Public Works, and
Sheriff. INTRODUCE, WAIVE READING, AND PLACE ON AGENDA FOR
ADOPTION (Relates to Agenda No. 15) (11-4073)
VI. DISCUSSION ITEM 38
38. Report on the Sheriff’s comprehensive Jail Management Plan regarding AB
109, including a discussion on the contracting option with public community
correctional facilities and different scenarios that maximize public safety
and the percentage of time served by the “N3” population, as requested at
the meeting of August 30, 2011. RECEIVE AND FILE (11-3868)
Page 20 County of Los Angeles
TUESDAY, SEPTEMBER 20, 2011Board of Supervisors Agenda
VII. MISCELLANEOUS
39. Additions to the agenda which were posted more than 72 hours in advance
of the meeting, as indicated on the supplemental agenda.
40. Items not on the posted agenda, to be presented and (if requested) referred
to staff or placed on the agenda for action at a future meeting of the Board,
or matters requiring immediate action because of an emergency situation or
where the need to take immediate action came to the attention of the Board
subsequent to the posting of the agenda. BOARD MEMBERS - (5)
41. Recommendations by individual Supervisors to establish, extend or
otherwise modify cash rewards for information concerning crimes,
consistent with the Los Angeles County Code.
42. Opportunity for members of the public to address the Board on items of
interest that are within the subject matter jurisdiction of the Board.
43. Recommendation by individual Supervisors that the Board adjourn the
meeting in memory of deceased persons and/or commemoration of
ceremonial occasions.
Page 21 County of Los Angeles
TUESDAY, SEPTEMBER 20, 2011Board of Supervisors Agenda
VIII. ITEMS CONTINUED FROM PREVIOUS MEETINGS FOR FURTHER
DISCUSSION AND ACTION BY THE BOARD
A-1. Continue local emergencies as a result of the following: (a) Discovery of an
infestation of fruit flies, as proclaimed on May 10, 1990; (b) Conditions of
extreme peril to the safety of persons and property arising as a result of
fires within Los Angeles County, as proclaimed on October 13, 2008 and
ratified by the Board on October 14, 2008; (c) Conditions of extreme peril to
the safety of persons and property arising as a result of fires within Los
Angeles County, as proclaimed on November 14, 2008 and ratified by the
Board on November 18, 2008; (d) Conditions of extreme peril to the health
and safety of persons arising as a result of Swine Influenza A virus within
Los Angeles County, as proclaimed on April 28, 2009 and ratified by the
Board on April 28, 2009; (e) Conditions of extreme peril to the safety of
persons or property arose as a result of wild fires in the Cities of La Cañada
Flintridge and Rancho Palos Verdes as proclaimed on August 28, 2009 and
ratified by the Board on September 1, 2009; (f) Conditions of extreme peril
to the health and safety of property arising as a result of Winter Storms
2010 in the County of Los Angeles, as proclaimed on January 18, 2010,
and ratified by the Board on January 26, 2010; (g) Conditions of extreme
peril to the health and safety of property arising as a result of the wild fires
in the Cities of Acton and Palmdale as proclaimed on July 29, 2010 and
ratified by the Board on August 10, 2010; and (h) Conditions of extreme
peril to the safety of persons and property arising as a result of the severe
rainstorms, winds, flooding, and mud and/or debris flows in Los Angeles
County as proclaimed on December 29, 2010, and ratified by the Board on
January 4, 2011.
A-2. CONFERENCE REGARDING POTENTIAL THREATS TO PUBLIC
SERVICES OR FACILITIES
(Government Code Section 54957)
Briefing by Sheriff Leroy D. Baca or his designee and related emergency
services representatives.
Page 22 County of Los Angeles
TUESDAY, SEPTEMBER 20, 2011Board of Supervisors Agenda
A-3. Recommendation as submitted by Supervisor Antonovich: Direct the
Auditor-Controller to hire an independent firm which specializes in actuarial
studies to report back to the Board in 30 days, providing an analysis and
opinion with respect to the accounting and actuarial methodologies being
used by the Los Angeles County Employees Retirement Association
(LACERA) (pension fund) and the Los Angeles County Chief Executive
Office (Retiree Insurance Benefit Program), to calculate the present value
of the underfunded LACERA pension fund, and the Los Angeles County
Retiree Insurance Benefit Program; direct the Auditor-Controller to include
an analysis of the advice and recommendations that each funds’ actuaries
and accounting firms have offered to respective staff and confirmation that
such sound advice is being followed by all responsible parties, as requested
by Supervisor Antonovich at the meeting of November 16, 2010.
A-4. Discussion and recommendations relating to the new California 1115
Waiver (Waiver), commonly known as the Bridge to Reform Demonstration,
to facilitate the discussion of the Waiver related policy issues and assist the
Department of Health Services in meeting deadlines placed by the
California Department of Health Care Services.
A-5. Discussion on the status of the State Budget and its impact on Los Angeles
County, as requested by Supervisor Antonovich at the meeting of January
18, 2011.
A-6. Report by the Community Corrections Partnership - Executive Committee
on the development of a local realignment implementation plan, established
by AB 109 which shifts major public safety programs from the State to the
counties, as requested by the Board at the meeting of June 7, 2011.
Page 23 County of Los Angeles
TUESDAY, SEPTEMBER 20, 2011Board of Supervisors Agenda
IX. NOTICES OF CLOSED SESSION FOR SEPTEMBER 20, 2011
CS-1. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION
(Subdivision (a) of Government Code Section 54956.9)
Tatiana Lopez and Miguel Amarillas v. Los Angeles County, et al., United
States District Court Case No. CV 10-08926
This lawsuit arises from allegations of civil rights violations by the Sheriff
Department. (11-3694)
CS-2. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION
(Subdivision (a) of Government Code Section 54956.9)
Roderick v. County of Los Angeles, Los Angeles Superior Court Case No.
MC 019320
This case arises from a vehicle accident which occurred on Angeles Forest
Highway. (11-1158)
CS-3. CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION
(Subdivision (b) of Government Code Section 54956.9)
Significant exposure to litigation (one case) (10-2476)
CS-4. CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION
(subdivision (b) of Government Code Section 54956.9
Significant exposure to litigation (one case) (11-2802)
Page 24 County of Los Angeles
TUESDAY, SEPTEMBER 20, 2011Board of Supervisors Agenda
CS-5. CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION
(Subdivision (c) of Government Code Section 54956.9)
Initiation of litigation (one case)
Note: The Executive Officer of the Board requests that this item be
continued two weeks to October 4, 2011. (11-3153)
CS-6. CONFERENCE WITH LABOR NEGOTIATORS
(Government Code Section 54957.6)
Agency designated representatives: William T Fujioka, Chief Executive
Officer and designated staff
Employee Organization(s) for represented employees: The Coalition of
County Unions, AFL-CIO; Local 721, SEIU; Union of American Physicians
and Dentists; Guild For Professional Pharmacists; Peace Officers Counsel
of California; Association of Public Defender Investigators; Assistant Deputy
District Attorneys; Los Angeles County Association of Environmental Health
Specialists, Professional Peace Officers Association; and
Unrepresented employees (all) (08-1197)
CS-7. DEPARTMENT HEAD PERFORMANCE EVALUATIONS
(Government Code Section 54957)
Department Head performance evaluations (11-1977)
Page 25 County of Los Angeles
TUESDAY, SEPTEMBER 20, 2011Board of Supervisors Agenda
X. REPORT OF CLOSED SESSION FOR SEPTEMBER 13, 2011
(CS-1) CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION
(Subdivision (a) of Government Code Section 54956.9)
County of Santa Clara, et al. v. Atlantic Richfield Co., et al. Santa Clara
Superior Court Case No. 1-00-CV-788.
Litigation against paint manufacturers related to lead in paint.
No reportable action was taken. (10-3034)
(CS-2) CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION
(Subdivision (a) of Government Code Section 54956.9)
Save the Altadena Trails v. La Vina; Marietta Kruells v. La Vina; Los
Angeles County v. La Vina Homeowners’ Association Los Angeles Superior
Court Case No. GC035654
This case concerns County issues surrounding public trails at the La Vina
subdivision in unincorporated Altadena.
The Board authorized settlement of the matter titled Save the
Altadena Trails v. La Vina; Marietta Kruells v. La Vina; and Los
Angeles County v. La Vina Homeowners’ Association. The details
of the settlement will be made available once finalized by all
parties. The vote of the Board was unanimous with Supervisors
Molina and Antonovich being absent. (10-2241)
Page 26 County of Los Angeles
TUESDAY, SEPTEMBER 20, 2011Board of Supervisors Agenda
(CS-3) CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION
(Subdivision (a) of Government Code Section 54956.9)
Tatiana Lopez and Miguel Amarillas v. Los Angeles County, et al., United
States District Court Case No. CV 10-08926
This lawsuit arises from allegations of civil rights violations by the Sheriff
Department.
In Open Session, this item was continued one week to September 20,
2011. (11-3694)
(CS-4) CONFERENCE WITH LABOR NEGOTIATORS
(Government Code Section 54957.6)
Agency designated representatives: William T Fujioka, Chief Executive
Officer and designated staff
Employee Organization(s) for represented employees: The Coalition of
County Unions, AFL-CIO; Local 721, SEIU; Union of American Physicians
and Dentists; Guild For Professional Pharmacists; Peace Officers Counsel
of California; Association of Public Defender Investigators; Assistant Deputy
District Attorneys; Los Angeles County Association of Environmental Health
Specialists, Professional Peace Officers Association; and
Unrepresented employees (all)
No reportable action was taken. (08-1197)
(CS-5) DEPARTMENT HEAD PERFORMANCE EVALUATIONS
(Government Code Section 54957)
Department Head performance evaluations
No reportable action was taken. (11-1977)
Page 27 County of Los Angeles
TUESDAY, SEPTEMBER 20, 2011Board of Supervisors Agenda
XI. REPORT OF FINAL APPROVAL OF SETTLEMENT AGREEMENT
AUTHORIZED IN CLOSED SESSION ON AUGUST 16, 2011
(CS-4) CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION
(Subdivision (a) of Government Code Section 54956.9)
Lattice Sutton v. County of Los Angeles; Los Angeles Superior Court Case
No. BC 440685 and Michael Richardson v. County of Los Angeles, Los
Angeles Superior Court Case No. BC 442405
This is a wrongful death case alleging that the Sheriff's Department's
conduct contributed to the death of Plaintiff's decedent.
The lawsuit has now been settled within the parameters authorized by
the Board of Supervisors on August 16, 2011. Details of the Settlement
are contained in the Settlement Agreement. The vote of the Board was
4-0 with Supervisor Molina being absent. (11-3728)
E N D
Page 28 County of Los Angeles
PUBLIC INPUT AT BOARD OF SUPERVISORS MEETINGS
The meetings of the Board of Supervisors are open to the public. A member of the public requesting to address the Board on an agenda item will be allowed a total of three (3) minutes per meeting, and a request to address the Board must be submitted in person to the Executive Officer of the Board prior to the item being called. The Board may limit the public input on any item, based on the number of people requesting to speak and the business of the Board.
In addition, a member of the public has the right to address the Board on items of interest which are within the subject matter jurisdiction of the Board. A person may make a presentation on a non-agenda item, but the presentation shall not exceed three minutes in length.
NOTE: The Alternate location to address the Board at the Lancaster Library located at 601 West Lancaster Boulevard, Lancaster, CA 93534 will not be available on September 20, 2011, due to a special event being held at the library.
In accordance with the Brown Act, all matters to be acted on by the Board must be posted at least 72 hours prior to the Board meeting. In cases of an emergency, or when a subject matter needs immediate action or comes to the attention of the Board subsequent to the agenda being posted, upon making certain findings, the Board may act on an item that was not on the posted agenda.
The majority of the Board's Tuesday agenda is basically a consent calendar. After the Invocation and Pledge of Allegiance, the Mayor/Chair of the Board will request the Executive Officer to call the agenda. The Executive Officer will indicate which items have been requested to be held for discussion or continuance, and the remaining items will be approved. Items which are set for a time certain may or may not be called up at exactly the time indicated, depending on the business of the Board. The items that are held for discussion may be taken up at any time, depending on the business of the Board.
The Agenda is generally structured as follows: Presentations/Set Matters, Special Districts, Board of Supervisors, Consent Calendar, Ordinances for Introduction, Discussion Items, Miscellaneous and Closed Session Item(s). There is a brief summary of the department’s recommended action, and in some instances, a corresponding recommendation from the Chief Executive Officer, indicated in capital letters.
Included at the end of each agenda are items which have been continued from previous meetings for further discussion and action by the Board. This portion of the agenda is commonly referred to as the "A-item Agenda". At the request of a Supervisor, items on the A-item Agenda can be called up for consideration at any time.
CONDUCT IN THE BOARD ROOM
The Board has adopted a set of rules for conduct during the Board meetings. The following excerpt from the duly adopted Rules of the Board pertains to conduct in the Board Room:
Section 10. REMOVAL FROM THE BOARD ROOM. At the discretion of the Mayor/Chair or upon vote of the Board, the Mayor/Chair may order removed from the Board Room any person who commits the following acts of disruptive conduct in respect to a regular, adjourned regular or special meeting of the Board of Supervisors:
(a) Disorderly, contemptuous or insolent behavior toward the Board or any member thereof, tending to interrupt the due and orderly course of said meeting;
(b) A breach of the peace, boisterous conduct or violent disturbance, tending to interrupt the due and orderly course of said meeting;
CONDUCT IN THE BOARD ROOM (Continued)
(c) Disobedience of any lawful order of the Mayor/Chair, which shall include an order to be seated or to refrain from addressing the Board;
(d) Any other unlawful interference with the due and orderly course of said meeting; and a
Any person so removed shall be excluded from further attendance at the meeting from which he/she has been removed, unless permission to attend is granted upon motion adopted by a majority vote of the Board, and such exclusion shall be executed by the Sergeant-at-Arms upon being so directed by the Mayor/Chair;
(e) In addition, any person so removed on the basis of disruptive conduct described above may not be allowed to address the Board for up to a maximum of ninety (90) days. The period of prohibition from addressing the Board will be determined by the Board Mayor/Chair, or the Board upon a vote, based on the number and severity of prior incidents of disruptive conduct.
INFORMATION RELATING TO AGENDAS AND BOARD ACTIONS
Agendas for the Board meetings are prepared by the Executive Office on Wednesday afternoons and are available on Thursday mornings. Agendas and supporting documents are also available by way of the Internet. Internet users may subscribe to and access the agenda on the Los Angeles County homepage at http://lacounty.gov by clicking on the “Board of Supervisors” button, and scrolling to the “Board Agenda” button. A supplemental agenda that includes corrections, additions or deletions to the agenda is available on Friday afternoons. The supplemental agenda and supporting documents are also available by way of the Internet, as described above.
Every meeting of the Board of Supervisors is recorded on dvds, and duplicate tapes are available for a nominal charge. A recorded phone message is available immediately following the Board meeting, regarding which items were approved by the Board.
An online transcript with corresponding video, and audio (in Spanish and English) is available within 24-48 hours of a Board meeting at http://bosvideoap.co.la.ca.us/mgasp/lacounty/homepage.asp. In addition, the Board's Transcripts are available at http://file.lacounty.gov/bos/transcripts/ in Microsoft Word and PDF formats for searching by word or topic, and may be printed in its entirety or selected pages.
After each Board meeting, a Statement of Proceedings (SOP) is prepared which indicates the actions taken by the Board, including the votes. Internet users may subscribe to or access to the SOP and supporting documents on the Los Angeles County homepage at http://bos.co.la.ca.us/Categories/Sop/SOPHome.htm. The SOPs are available Friday afternoons the week following the meeting.
HELPFUL INFORMATION
General Information .....................(213) 974-1411 Transcripts of meetings………(213 974-1424 Copies of Agendas........................(213) 974-1442 Statement of Proceedings……(213) 974-1424 Copies of Rules of the Board........(213) 974-1424
Recorded message of actions of the Board........................................................................(213) 974-7207 DVDs of meetings (also available in Spanish) ..................................................................(213) 974-1424
LOBBYIST REGISTRATION
Any person who seeks support or endorsement from the Board of Supervisors on any official action may be subject to the provisions of Los Angeles County Code, Chapter 2.160, relating to lobbyists. Violation of the lobbyist ordinance may result in a fine and other penalties. FOR INFORMATION, CALL (213) 974-1093.
September 20, 2011Board of Supervisors Statement Of Proceedings
Employee Organization(s) for represented employees: The Coalition of
County Unions, AFL-CIO; Local 721, SEIU; Union of American
Physicians and Dentists; Guild For Professional Pharmacists; Peace
Officers Counsel of California; Association of Public Defender
Investigators; Assistant Deputy District Attorneys; Los Angeles County
Association of Environmental Health Specialists, Professional Peace
Officers Association; and
Unrepresented employees (all)
CS-7.
Consider Department Head performance evaluations, pursuant to Government
Code Section 54957;
CS-8.
Confer with legal counsel on anticipated litigation, initiation of litigation (one
case), pursuant to subdivision (c) of Government Code Section 54956.9
(Agenda Item No. 38 this date)
Closed Session convened at 1:27 p.m. Present were Supervisors Gloria
Molina, Mark Ridley-Thomas, Zev Yaroslavsky, Don Knabe, and Michael D.
Antonovich, Mayor presiding.
Closed Session adjourned at 4:50 p.m. Present were Supervisors Gloria
Molina, Mark Ridley-Thomas, Zev Yaroslavsky, Don Knabe, and Michael D.
Antonovich, Mayor presiding.
Open Session reconvened at 4:51 p.m. for the purpose of reading out Agenda
Item No. 1-H. Present were Supervisors Gloria Molina, Zev Yaroslavsky, Don
Knabe, and Michael D. Antonovich, Mayor presiding. Absent was Supervisor
Mark Ridley-Thomas. (11-4247)
Closing 45
45. The Board of Supervisors of the County of Los Angeles, and ex officio the
governing body of all other special assessment and taxing districts, agencies
and authorities for which said Board so acts, adjourned its meeting at 4:54
p.m.
The next Regular Meeting of the Board will be Tuesday, September 27, 2011 at
9:30 a.m. (11-4248)
Page 37County of Los Angeles
September 20, 2011Board of Supervisors Statement Of Proceedings
The foregoing is a fair statement of the proceedings of the regular meeting held
September 20, 2011, by the Board of Supervisors of the County of Los Angeles and ex
officio the governing body of all other special assessment and taxing districts, agencies
and authorities for which said Board so acts.
Sachi A. Hamai, Executive Officer
Executive Officer-Clerk
of the Board of Supervisors
By
Page 38County of Los Angeles
aguzman
JanetWTitle
Exhibit C
September 20, 2011
1
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September 20, 2011
2
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September 20, 2011
3
[REPORT OF ACTION TAKEN IN CLOSED SESSION 1
TUESDAY, SEPTEMBER 20, 2011 ON PAGE 137.] 2
3
4
5
SUP. ANTONOVICH, MAYOR: OKAY. WOULD THE AUDIENCE PLEASE RISE. 6
WE'LL BE LED IN PRAYER BY FATHER KRIKOR GREGORY CHAHINIAM OF 7
THE SAINT GREGORY ARMENIAN CATHOLIC CHURCH IN GLENDALE. AND 8
OUR PLEDGE WILL BE LED BY JUSTIN CHAM WHO IS A FORMER SERGEANT 9
WITH THE UNITED STATES MARINE CORPS AND MEMEBER OF OUR LOS 10
ANGELES COUNTY'S SHERIFF'S DEPARTMENT. AUDIENCE PLEASE RISE. 11
FATHER? 12
13
FATHER CHAHINIAM: THANK YOU, OH, LORD GOD CREATOR OF EARTH AND 14
THE VAST UNIVERSE AND SUSTAINER OF ALL LIVING THINGS. WE BRING 15
YOU OUR PRAISE AND WORSHIP THIS DAY. WE ASK YOUR FORGIVENESS 16
FOR WRONGFUL ACTIONS MOTIVATED BY OUR ERRORS, SHORT 17
SIGHTEDNESS AND IGNORANCE. WE PRAY THAT YOU WOULD DEFEAT 18
SELFISHNESS WITHIN US AS WE SEEK THE COMMON GOOD AND FAIR 19
STEWARDSHIP OF ALL BLESSINGS. WE OFFER THANKSGIVING FOR THIS 20
BOARD OF SUPERVISORS SO THEY MAY HAVE WISDOM TO PROVIDE 21
LEADERSHIP TO THE CITIZENS OF LOS ANGELES COUNTY. WE HUMBLY 22
ASK YOUR GUIDANCE UPON EACH OF THE BOARD MEMBERS FOR THE 23
DECISIONS THAT THEY MUST MAKE AFFECTING MANY PEOPLE. WE 24
ACKNOWLEDGE THAT WHATEVER PRIVILEGE YOU GRANT ANY OF US IS 25
September 20, 2011
4
ALWAYS ACCOMPANIED BY GREAT RESPONSIBILITY. IN THESE DAYS OF 1
GREAT NEED IN AN AGE IN THE LAND OF PLENTY, WE PRAY FOR YOUR 2
GUIDANCEN AND LEADERSHIP AS WE SEEK TO ALLEVIATE THE NEEDS OF 3
THOSE LESS FORTUNATE THAN OURSELVES. WE PRAY ALL THIS IN THE 4
NAME OF GOD, WHOM WE BELIEVE IS FULL OF LOVE AND CARE AND WHO 5
IS VITALLY INTERESTED AND INVOLVED IN ALL THAT WE DO AND SAY. 6
AMEN. 7
8
JUSTIN CHAM: GOOD MORNING. PLEASE FACE THE FLAG. PLACE YOUR 9
RIGHT HAND OVER YOUR HEART AND JOIN ME IN THE PLEDGE OF 10
ALLEGIANCE. (PLEDGE OF ALLEGIANCE RECITED). THANK YOU. PLEASE 11
BE SEATED. 12
13
SUP. ANTONOVICH, MAYOR: FATHER CHAHINIAM IS THE PASTOR OF 14
SAINT GREGORY ARMENIAN CHURCH IN GLENDALE. HE ASSUMED THAT 15
POSITION APPROXIMATELY 10 MONTHS AGO. THIS IS ONE OF ONLY TWO 16
ROMAN CATHOLIC CHURCHES IN CALIFORNIA, ARMENIAN ROMAN CATHOLIC 17
CHURCHES AND ONLY SEVEN IN THE UNITED STATES. THE PASTOR 18
BECAME AT THE AGE OF 18 RECEIVED A CALLING FOR THE PRIESTHOOD 19
AND STUDIED IN ROME. HE STUDIED PHILOSOPHY AND THEOLOGY AND 20
AFTER STUDYING HIS PHILOSOPHIC AND THEOLOGICAL STUDIES HE 21
MAJORED IN CANON CHURCH LAW. HE HAS WORKED TO ESTABLISH 22
MISSIONS FOR THE ARMEDIAN CATHOLIC FAITHFUL IN LOS ANGELES 23
COUNTY IN SAN DIEGO AND SAN FRANCISCO. WE WOULD LIKE TO 24
WELCOME YOU, THIS IS ONE OF THE MOST BEAUTIFUL CHURCHES IN 25
September 20, 2011
5
GLENDALE RIGHT ACROSS FROM THE GLENDALE COMMUNITY COLLEGE AND 1
WE WATCHED IT BEING BUILT AND HAD THE OPPORTUNITY TO VIST THE 2
FORMER FATHER THAT WAS THERE TO A NICE LITTLE LUNCHEON. THANK 3
YOU FOR YOUR SPIRITUAL LEADERSHIP AND CARRYING OUT THE GREAT 4
COMMISSION. [APPLAUSE.] SUPERVISOR KNABE? 5
6
SUP. KNABE: MR. MAYOR, MEMBERS OF THE BOARD, IT'S MY PRIVILEGE 7
TO PRESENT A CERTIFICATE APPRECIATION TO DEPUTY JUSTIN CHAM 8
WHO LIVES IN THE CITY OF LONG BEACH AND IS A FORMER SERGEANT 9
WITH OUR UNITED STATES MARINE CORPS. AS YOU CAN SEE, HE 10
CURRENTLY WORKS AS A DEPUTY FOR OUR DEPARTMENT. HE SERVED THE 11
UNITED STATES MARINES FROM 1994 TO 2004 WITH THE AIR NAVAL GUN 12
FIRE LIAISON COMPANY IN IRAQ. HE RECEIVED NAVY AND MARINE 13
CORPS ACHIEVEMENT MEDALS, A GOOD CONDUCT MEDAL, A NATIONAL 14
DEFENSE SERVICE MEDAL, AN IRAQ CAMPAIGN MEDAL AND A COMBAT 15
ACTION RIBBON. HE HAS LIVED IN THE FOURTH DISTRICT FOR 35 16
YEARS, SO ON BEHALF OF MYSELF AND MY COLLEAGUES AND ALL OF US 17
HERE IN LOS ANGELES COUNTY, WE WANT TO THANK HIM FOR TAKING 18
TIME OUT OF HIS BUSY SCHEDULE TO JOIN US. BUT MORE IMPORTANTLY 19
THANK HIM FOR HIS SERVICE TO AMERICA. GOD BLESS YOU, MAN. 20
[APPLAUSE.] 21
22
SUP. ANTONOVICH, MAYOR: OKAY. WE WILL BEGIN-- I HAVE A LITTLE 23
PINCHED NERVE SO IF I HAVE TO STAND UP A WHILE THAT'S WHAT'S 24
September 20, 2011
6
HAPPENING. LET'S BEGIN WITH THE ROLL, WITH AGENDA BY THE 1
EXECUTIVE OFFICE. 2
3
CLERK SACHI HAMAI: GOOD MORNING, MR. MAYOR, MEMBERS OF THE 4
BOARD, WE WILL BEGIN TODAY'S AGENDA ON PAGE 3, PRESENTATION 5
AND SET MATTERS. ON ITEM NUMBER S-1, AS INDICATED ON THE 6
POSTED AGENDA, THE DIRECTOR OF HEALTH SERVICES REQUESTS THAT 7
THIS ITEM BE CONTINUED TO NOVEMBER 15TH, 2011. AND ALSO ON 8
THIS ITEM, THERE'S A REQUEST FROM A MEMBER OF THE PUBLIC TO 9
HOLD IT. ON PAGE 4, AGENDA FOR THE MEETING OF THE HOUSING 10
AUTHORITY, ON ITEM NUMBER 1-H, THERE'S A REQUEST FROM MEMBERS 11
OF THE PUBLIC TO HOLD THIS ITEM. ON PAGE 5, BOARD OF 12
SUPERVISORS, ITEMS 1 THROUGH 14, ON ITEM NUMBER 1, THERE'S A 13
REQUEST FROM A MEMBER OF THE PUBLIC TO HOLD THIS ITEM. ON ITEM 14
NUMBER 2, SUPERVISOR RIDLEY THOMAS AND SUPERVISOR ANTONOVICH 15
ABSTAIN FROM THE VOTE. ON ITEM NUMBER 5, THERE'S A REQUEST 16
FROM A MEMBER OF THE PUBLIC TO HOLD THIS ITEM. AND THE 17
REMAINING ITEMS UNDER THE BOARD OF SUPERVISORS ARE BEFORE YOU. 18
19
SUP. ANTONOVICH, MAYOR: OKAY. MOTION BY SUPERVISOR MOLINA. 20
SECOND BY SUPERVISOR YAROSLAVSKY. SUPERVISOR MARK RIDLEY-21
THOMAS AND I ABSTAINING ON NUMBER 2, WITHOUT OBJECTION, SO 22
ORDERED. 23
24
September 20, 2011
7
CLERK SACHI HAMAI: ON PAGE 9, CONSENT CALENDAR, ITEMS 15 1
THROUGH 36, ON ITEM NUMBER 15, THERE'S A REQUEST FROM A MEMBER 2
OF THE PUBLIC TO HOLD THIS ITEM. ON ITEM NUMBER 19, AS 3
INDICATED ON THE SUPPLEMENTAL AGENDA, THE DIRECTOR OF HEALTH 4
SERVICES REQUESTS THAT THIS ITEM BE CONTINUED TWO WEEKS TO 5
OCTOBER 4TH, 2011 AND ALSO ON THIS ITEM, THERE'S A REQUEST 6
FROM A MEMBER OF THE PUBLIC TO HOLD IT. ON ITEM NUMBER 20, THE 7
DIRECTOR OF MENTAL HEALTH REQUESTS THAT THIS ITEM BE CONTINUED 8
TWO WEEKS TO OCTOBER 4TH, 2011. ON ITEM NUMBER 31, THERE IS A 9
REQUEST FROM A MEMBER OF THE PUBLIC TO HOLD THIS ITEM. ON ITEM 10
NUMBER 32, THIS INCLUDES THE REVISIONS AS INDICATED ON THE 11
SUPPLEMENTAL AGENDA AND ALSO SUPERVISOR YAROSLAVSKY AND A 12
MEMBER OF THE PUBLIC REQUEST THAT THIS ITEM BE HELD. 13
14
SPEAKER: (OFF MIKE) 15
16
CLERK SACHI HAMAI: YES. ON ITEM NUMBER 34, SUPERVISOR RIDLEY-17
THOMAS REQUESTS THAT THIS ITEM BE CONTINUED ONE WEEK TO 18
SEPTEMBER 27TH, 2011. AND THE REMAINING ITEMS UNDER THE 19
CONSENT CALENDAR ARE BEFORE YOU. 20
21
SUP. ANTONOVICH, MAYOR: MOTION BY SUPERVISOR YAROSLAVSKY. 22
SECOND WITHOUT OBJECTION, SO ORDERED. 23
24
September 20, 2011
8
CLERK SACHI HAMAI: WE ARE NOW ON PAGE 20, ORDINANCE FOR 1
INTRODUCTION. ITEM NUMBER 37 AND I'LL READ THE SHORT TITLE IN 2
FOR THE RECORD. THIS IS AN ORDINANCE FOR INTRODUCTION AMENDING 3
THE COUNTY CODE TITLE 6, SALARIES, CHANGING THE TITLE OF ONE 4
NONREPRESENTED CLASSIFICATION AND ADDING, DELETING AND/OR 5
CHANGING CERTAIN CLASSIFICATIONS AND NUMBER OF ORDINANCE 6
POSITIONS IN THE DEPARTMENT. ON THIS ITEM, THERE'S A REQUEST 7
FROM A MEMBER OF THE PUBLIC TO HOLD IT. DISCUSSION ITEM, ITEM 8
NUMBER 38, WE WILL HOLD FOR A DISCUSSION. ON PAGE 21, 9
MISCELLANEOUS, ADDITIONS TO THE AGENDA WHICH WERE POSTED MORE 10
THAN 72 HOURS IN ADVANCE OF THE MEETING AS INDICATED ON THE 11
SUPPLEMENTAL AGENDA, ITEM NUMBER 39-A. 12
13
SUP. ANTONOVICH, MAYOR: SO MOVED. SECONDED BY SUPERVISOR MARK 14
RIDLEY- THOMAS WITHOUT OBJECTION, SO ORDERED. 15
16
CLERK SACHI HAMAI: 39-B. 17
18
SUP. ANTONOVICH, MAYOR: MOTION BY SUPERVISOR THOMAS WITHOUT 19
OBJECTION, SO ORDERED. 20
21
CLERK SACHI HAMAI: ON ITEM NUMBER 39-C, THERE'S A REQUEST FROM 22
A MEMBER OF THE PUBLIC TO HOLD THIS ITEM. ON PAGE 22, ITEMS 23
CONTINUED FROM PREVIOUS MEETINGS FOR FURTHER DISCUSSION AND 24
ACTIONS BY THIS BOARD. ON ITEM NUMBER A-4, THERE'S A REQUEST 25
September 20, 2011
9
FROM MEMBERS OF THE PUBLIC TO HOLD THE ITEM. ON ITEM NUMBER A-1
6, SUPERVISOR ANTONOVICH AND A MEMBER OF THE PUBLIC REQUEST 2
THAT BOTH ITEMS UNDER A-6 BE HELD. ON PAGE 24, NOTICES OF 3
CLOSED SESSION, ON ITEM NUMBER CS-1, COUNTY COUNSEL REQUESTS 4
THAT THIS ITEM BE CONTINUED TWO WEEKS TO OCTOBER 4TH, 2011. 5
CS-1. 6
7
SUP. ANTONOVICH, MAYOR: MOTION BY SUPERVISOR MOLINA. SECOND 8
WITHOUT OBJECTION, SO ORDERED. 9
10
CLERK SACHI HAMAI: ON ITEM NUMBER CS-2, AS INDICATED ON THE 11
SUPPLEMENTAL AGENDA, THE CHIEF EXECUTIVE OFFICER REQUESTS THAT 12
THIS ITEM BE CONTINUED TWO WEEKS TO OCTOBER 4TH, 2011. 13
14
SUP. ANTONOVICH, MAYOR: MOTION BY SUPERVISOR YAROSLAVSKY. 15
SECOND WITHOUT OBJECTION, SO ORDERED. 16
17
CLERK SACHI HAMAI: AND ON ITEM CS-5, AS INDICATED ON THE 18
POSTED AGENDA, THE EXECUTIVE OFFICER OF THE BOARD OF 19
SUPERVISORS REQUESTS THAT THIS ITEM BE CONTINUED TWO WEEKS TO 20
OCTOBER 4TH, 2011. 21
22
SUP. ANTONOVICH, MAYOR: MOTION BY SUPERVISOR KNABE. SECONDED 23
WITHOUT OBJECTION. SO ORDERED. 24
25
September 20, 2011
10
CLERK SACHI HAMAI: THAT COMPLETES THE READING OF THE AGENDA. 1
BOARD OF SUPERVISORS SPECIAL ITEMS BEGIN WITH SUPERVISORIAL 2
DISTRICT NUMBER 5. 3
4
SUP. ANTONOVICH, MAYOR: I WANT TO RECOGNIZE A VERY GOOD FRIEND 5
AND CLASSMATE, COLLEGE FRATERNITY BROTHER AND MAN WHO 6
DEDICATED 40 YEARS OF TEACHING AT PIERCE COLLEGE IN LOS 7
ANGELES COMMUNITY COLLEGE DISTRICT THAT'S DR. WILLIAM DE 8
RUBERTIS. HE'S BEEN INVOLVED IN MANY ASSOCIATIONS INCLUDING 9
THE AMERICAN POLITICAL SCIENCE ASSOCIATION, THE ACADEMY OF 10
POLITICAL SCIENCE, THE NATIONAL ASSOCIATION OF SCHOLARS, AND 11
THE CALIFORNIA ASSOCIATION OF SCHOLARS. HE'S A GRADUATE OF 12
CALIFORNIA STATE UNIVERSITY IN LOS ANGELES WITH A DOUBLE MINOR 13
IN ECONOMICS AND HISTORY. HIS MASTER'S DEGREE WAS ALSO FROM 14
CAL STATE L.A. AND RECEIVED HIS DOCTORATE IN POLITICAL SCIENCE 15
AT THE CLAREMONT GRADUATE UNIVERSITY. SO, BILL, 16
CONGRATULATIONS AND MANY GREAT YEARS OF TEACHING AND HOPE YOU 17
WILL STAY INVOLVED, YOU AND YOUR LOVELY WIFE. [APPLAUSE.] 18
19
DR. WILLIAM DE RUBERTIS: IT'S ALWAYS DANGEROUS, MIKE, TO ASK A 20
COLLEGE PROFESSOR TO SPEAK. I WOULD JUST LIKE TO ADD ONE 21
THING. WHEN I WAS REFLECTING ON MY 42-YEAR TEACHING CAREER, I 22
BELIEVE THAT THE WISEST DECISION I MADE WAS WHEN I HAD THE 23
VERY GOOD SENSE 40 YEARS AGO TO ACCEPT THE OFFER TO JOIN THE 24
FACULTY OF PIERCE COLLEGE. PIERCE IS A VERY SPECIAL PLACE AND 25
September 20, 2011
11
NOT JUST BECAUSE OF THE UNIQUE CAMPUS AND PROGRAMS THAT IT 1
OFFERS BUT CHIEFLY BECAUSE OF ITS OUTSTANDING FACULTY AND ITS 2
DEDICATED AND COMPETENT STAFF. SO I CAN SAY IT WAS A TRUE 3
PLEASURE TO SPEND THOSE YEARS TEACHING AT PIERCE COLLEGE, AND 4
I REALLY FEEL PRIVILEGED TO HAVE HAD THE OPPORTUNITY TO SERVE 5
WITH SUCH REALLY AN EXCEPTIONAL GROUP OF COLLEAGUES. THANK 6
YOU. THANK YOU, MICHAEL. THANK YOU VERY MUCH. [APPLAUSE.] 7
8
SUP. ANTONOVICH, MAYOR: NOW WE WANT TO RECOGNIZE A GROUP OF 9
YOUNG PEOPLE. THESE ARE THE ENRICHMENT PLUS PROGRAM RECIPIENTS 10
FOR THIS YEAR WHO ARE GOING TO RECEIVE THIS PROCLAMATION FOR 11
THEIR ACHIEVEMENT ACADEMICALLY AND ALSO, WHAT DO WE HAVE? THE 12
CARD FROM BORDERS? OR WHAT IS IT? WE HAVE A 50 DOLLAR GIFT 13
CERTIFICATE TO BUY BOOKS AND SCHOOL SUPPLIES WHICH WE'LL BE 14
GIVING TO THESE YOUNG PEOPLE. AND WE ALL KNOW THE VALUE OF 15
EDUCATION AND THE DEPARTMENT OF CHILDREN FAMILY SERVICES THESE 16
YOUNG PEOPLE HAVE DONE INCREDIBLE JOB AND WE WANT TO RECOGNIZE 17
THEM. THE FIRST ONE IS MICHELLE ESCOBAR FOR THE MOST IMPROVED 18
ACADEMIC ACHIEVEMENT ENRICHMENT PLUS PROGRAM. MICHELLE? 19
[APPLAUSE.] NEXT WILL BE MICHELLE ANGEL YOLA, MOST IMPROVED 20
ACADEMIC ACHIEVEMENT. MICHELLE? [APPLAUSE.] AND THEN STEPHANIE 21
SOSA FOR MOST IMPROVED ACADEMIC ACHIEVEMENT. [APPLAUSE.] AND 22
THEN WE HAVE DAISY JIMINEZ, MOST IMPROVED ACADEMIC 23
ACHIEVEMENT. [APPLAUSE.] WHEN DAISY COMES, SHE WILL RECEIVE 24
THAT. NEXT WILL BE KARASUKA AVILA HANA. [APPLAUSE.] NEXT IS 25
September 20, 2011
12
ASHLEY ROSE GERARROW FOR MOST IMPROVED ACADEMIC ACHIEVEMENT. 1
[APPLAUSE.] NEXT IS CARLA VANCE FOR BEST ACADEMIC ACHIEVEMENT. 2
[APPLAUSE.] NEXT IS JOEL URZULA, FOR BEST ACADEMIC 3
ACHIEVEMENT. [APPLAUSE.] THIS IS A PUBLIC/PRIVATE PARTNERSHIP, 4
AND THESE ARE THE FINE PEOPLE WHO PROVIDE THE RESOURCES TO BUY 5
THE BOOK SUPPLIES FOR THESE CHILDREN WITH THEIR GIFT 6
CERTIFICATES. 7
8
JAN ARNOLD: MY NAME IS JAN ARNOLD AND I REPRESENT THE U-BOARD 9
AND WE ARE PLEASED TO CONGRATULATE THESE SCHOLARS, AND WE 10
CERTAINLY LOOK FORWARD TO THEIR SUCCESS. WE KNOW THAT THEY'LL 11
BE WONDERFUL IN ALL THE ENDEAVORS THAT THEY CHOOSE TO 12
ENCOUNTER. AND WE'RE PLEASED TO SERVE THEM. [APPLAUSE.] 13
14
SUP. ANTONOVICH, MAYOR: DEPARTMENT OF CHILDREN AND FAMILY 15
SERVICES. 16
17
PHILLIP BROWNING: I JUST WANT TO SAY THANK YOU TO THE BOARD 18
FOR RECOGNIZING THESE INDIVIDUALS. SO SELDOM DO WE GIVE AS 19
MUCH RECOGNITION TO INDIVIDUALS PARTICULARLY AT THIS AGE AS IS 20
REALLY NEEDED. I THINK THESE SORTS OF CEREMONIES REALLY MAKE A 21
DIFFERENCE IN THE LIVES OF SO MANY CHILDREN, AND I WANT TO SAY 22
THAT OUR 7,000 SOCIAL WORKERS IN THE DEPARTMENT REALLY 23
APPRECIATE ALL THESE EFFORTS. SO THANK YOU VERY MUCH. 24
[APPLAUSE.] 25
September 20, 2011
13
1
SUP. ANTONOVICH, MAYOR: GLORIA? 2
3
SUP. MOLINA: IF I COULD JOIN IN CELEBRATING THE ACHIEVEMENT OF 4
THESE KIDS, THEY'VE DONE A TERRIFIC JOB. WE'VE HAD A SPECIAL 5
PROGRAM THAT STARTED OUT IN MONTEBELLO IN WHICH WE'RE WORKING 6
WITH SOCIAL WORKERS TO TEACH THEM HOW TO WORK MORE EFFECTIVELY 7
WITH FOSTER CARE KIDS, AND CERTAINLY ASSIST THEM IN GRADUATING 8
FROM HIGH SCHOOL. WE HAVE TWO OF THOSE SOCIAL WORKERS HERE: 9
ELVIA MENDEZ AND ARLENE BARIOS IS HERE. AND I WANT TO THANK 10
THEM, AS WELL, BECAUSE THESE ARE THE HELPING HANDS FROM THE 11
DEPARTMENT THAT HELP THESE KIDS ACHIEVE. AND I WANT TO THANK 12
THEM. I KNOW THEY'RE ALL VERY PROUD OF THEIR SOCIAL WORKERS IN 13
THE SYSTEM. THESE AWARDS ARE PART OF AN ONGOING ACHIEVEMENT 14
FOR THESE KIDS. AND THE PROGRAM HAS BEEN VERY SPECIAL. AND I 15
WANTED TO POINT OUT THAT FOUR OF THEM ARE FROM MONTEBELLO 16
WHERE WE STARTED THE PROGRAM. ASHLEY, MIGUEL, STEPHANIE AND 17
YAMALES, AND I WANT TO CONGRATULATE THEM, AS WELL. VERY 18
DESERVING. [APPLAUSE.] 19
20
SUP. ANTONOVICH, MAYOR: THE WEEK OF SEPTEMBER 12TH HAS BEEN 21
FAMILY REUNIFICATION WEEK IN LOS ANGELES COUNTY. THIS 22
CELEBRATES THE HONORS AND THOSE PARENTS WHO HAVE SUCCESSFULLY 23
REUNIFIED WITH THEIR CHILDREN. TODAY THERE ARE MORE THAN 24
26,000 CHILDREN UNDER THE JURISDICTION OF LOS ANGELES COUNTY. 25
September 20, 2011
14
OF THOSE, OVER 15,000 ARE EITHER AT HOME WITH THEIR FAMILIES 1
OR IN A REUNIFICATION PROGRAM TO RETURN HOME. IN 2010, OVER 2
6,000 CHILDREN WERE SUCCESSFULLY REUNITED WITH THEIR FAMILIES. 3
TODAY WE WILL HONOR A SPECIAL GROUP OF PARENTS, FAMILIES, 4
SOCIAL WORKERS, ADVOCATES AND ORGANIZATIONS WHO HAVE DONE 5
EXEMPLARY JOB IN RETURNING CHILDREN TO THEIR HOMES AND 6
FAMILIES. FIRST LET ME GIVE THIS TO-- FOR FAMILY UNIFICATION 7
WEEK IS DR. HUNTINGTON HERE? WHO WILL TAKE THE AWARD? AND ALSO 8
TO MICHAEL FINCH. LET ME GIVE YOU THIS. MICHAEL FINCH? MICHAEL 9
FINCH? IS MICHAEL HERE? WE'LL DO THIS ONE AND ... (OFF MIC). 10
11
SPEAKER: WELL, I JUST WANT TO ON BEHALF OF DR. HERSHEL SWINGER 12
WHO PASSED AWAY UNFORTUNATELY A FEW MONTHS AGO, ON BEHALF OF 13
HIS FAMILY, ON BEHALF OF THE CHILDREN AND FAMILIES OF 14
CHILDREN'S INSTITUTE, ON BEHALF OF ALL OF THE PEOPLE THAT HE 15
HELPED FOR SO MANY YEARS, WE REALLY WANT TO THANK THE BOARD OF 16
SUPERVISORS AND SUPERVISOR ANTONOVICH FOR RECOGNIZING HIS 17
CONTRIBUTIONS. DR. SWINGER AND I WORKED TOGETHER AT CHILDREN'S 18
INSTITUTE FOR 30 YEARS. HE CAME THERE TO WORK ON FAMILY 19
REUNIFICATION; AND THROUGH HIS PROJECTS, PARTICULARLY THE 20
ESTABLISHMENT OF PROJECT FATHERHOOD, WHICH IS A REUNIFIED OR 21
RE-ESTABLISHED MORE THAN 7,000 FATHERS IN LOS ANGELES COUNTY 22
WITH THEIR CHILDREN. MANY OF THEM, FATHERS AND CHILDREN WHO 23
WERE INVOLVED WITH THE CHILD WELFARE SYSTEM. THE SUCCESS RATE 24
September 20, 2011
15
OF THIS PROGRAM IS ENORMOUS. AND WE ACKNOWLEDGE YOUR 1
RECOGNITION OF IT AND OF HIM. THANK YOU SO MUCH. [APPLAUSE.] 2
3
SUP. ANTONOVICH, MAYOR: OKAY. MICHAEL FINCH? NEXT IS NINO 4
BACERO FAMILY? CONGRATULATIONS. NEXT IS RITA COHEN. RITA? 5
[APPLAUSE.] TINA ALVAREZ? [APPLAUSE.] HERSCHEL SWINGER? OH, 6
OKAY. CRITTEN SERVICES, WRAP AROUND TEAM NETWORK OF NORWALK? 7
[APPLAUSE.] JAMES SHAW _____? [APPLAUSE.] ANNETTE ______? 8
[APPLAUSE.] DENISE JOHNSON. 9
10
SPEAKER: THANK YOU, I'M ACCEPTING ON BEHALF OF DR. DENISE 11
JOHNSON WHO IS THE EXECUTIVE DIRECTOR FOR THE CENTER OF 12
CHILDREN OF INCARCERATED PARENTS. SHE WAS VERY DISAPPOINTED 13
THAT SHE COULDN'T BE HERE TO ACCEPT THIS HONOR AND WANTED TO 14
CONVEY THAT THE CENTER FOR CHILDREN OF INCARCERATED PARENTS 15
HAS BEEN SERVING SOME 25,000 FAMILIES SINCE IT'S OPENED IN 16
1989. AND THE RESEARCH THAT IT HAS DONE HAS ALSO INDICATED 17
THAT FAMILIES REALLY CAN BE REUNIFIED. AND WE REALLY ARE 18
APPRECIATIVE OF ALL THE EFFORTS THE BOARD IS MAKING ON 19
NOTICING THIS POSSIBILITY. THANK YOU. [APPLAUSE.] 20
21
SUP. ANTONOVICH, MAYOR: ANTHONY CERVANTES? ANTHONY? DORA 22
TORRES? DORA? WITH PRESTON OPPENHEIMER? THE GREAT SON OF MY 23
FORMER DEPUTY, APIO OPPENHEIMER. MICHELLE BENNETT? [APPLAUSE.] 24
September 20, 2011
16
SO WE WANT TO THANK THEM VERY MUCH. AND JUDGE NASH, DO YOU 1
WANT TO SAY A COUPLE WORDS FROM OUR SUPERIOR COURT? 2
3
JUDGE MICHAEL NASH: GOOD MORNING. FAMILY REUNIFICATION WEEK IS 4
DESIGNED TO RECOGNIZE FAMILIES WHO HAVE OVERCOME DIFFICULTIES 5
THAT BROUGHT THEM INTO CONTACT WITH OUR CHILD WELFARE SYSTEM; 6
AND THROUGH THEIR HARD WORK, THEIR PERSEVERANCE, AND CERTAINLY 7
THEIR LOVE AND COMMITMENT TO THEIR CHILDREN, WITH A LITTLE BIT 8
OF HELP FROM ENTITIES LIKE THE DEPARTMENT OF CHILDREN AND 9
FAMILY SERVICES, THE LAWYERS WHO REPRESENT THEM IN OUR COURT 10
SYSTEM, OUR JUDICIAL OFFICERS AND OUR DEPENDENCY COURT AND 11
OTHER SERVICE PROVIDERS, THEY HAVE SUCCESSFULLY NAVIGATED OUR 12
SYSTEM AND ARE ABLE TO PROVIDE A SAFE AND HEALTHY HOME FOR 13
THEIR CHILDREN. WE'RE ALSO RECOGNIZING PEOPLE TODAY WHO HAVE 14
CONTRIBUTED TO FAMILY REUNIFICATION IN A VARIETY OF WAYS. 15
SOCIAL WORKERS, SERVICE PROVIDERS, INDIVIDUALS LIKE THE LATE 16
GREAT DR. HERSCHEL SWINGER WHO WAS A FABULOUS THERAPIST, CHILD 17
ADVOCATE, WHO TAUGHT US THAT IF WE'RE GOING TO TALK ABOUT 18
FAMILIES, WE ALSO NEED TO TALK ABOUT FATHERS. FATHERS ARE AND 19
SHOULD BE AN INTEGRAL PART OF OUR SYSTEM AND FOR TOO LONG 20
WE'VE REALLY IGNORED THEM. SO WE'RE SO PLEASED THAT THE BOARD 21
OF SUPERVISORS HAVE SUPPORTED US IN THIS EFFORT; AND AS 22
ALWAYS, WE THANK THE BOARD OF SUPERVISORS FOR THEIR ONGOING 23
SUPPORT AND COMMITMENT TO THE CHILDREN AND FAMILIES OF LOS 24
ANGELES COUNTY. [APPLAUSE.] 25
September 20, 2011
17
1
SUP. ANTONOVICH, MAYOR: AND NOW THIS IS SEPTEMBER ONCE AGAIN, 2
RECOVERY MONTH, SUBSTANCE ABUSE AND MENTAL DISORDERS WHICH ARE 3
SERIOUS PUBLIC HEALTH PROBLEMS. IN 2009, OVER 4 MILLION PEOPLE 4
RECEIVED TREATMENT FOR SUBSTANCE ABUSE DISORDER AND 30-PLUS 5
MILLION PEOPLE FOR A MENTAL HEALTH PROBLEM, BUT MANY ALSO NEED 6
HELP WHO ARE NOT RECEIVING THAT HELP. SO IT'S VITAL THAT WE 7
HAVE A PROGRAM WHERE PREVENTION WORKS, TREATMENT IS EFFECTIVE 8
AND PEOPLE ARE ABLE TO RECOVER FROM SUBSTANCE ABUSE AND MENTAL 9
DISORDERS. AND IT IS ALSO CRITICAL THAT WE EDUCATE OUR 10
POLICYMAKERS AND FRIENDS AND FAMILY MEMBERS AND HEALTHCARE 11
PROVIDERS AND BUSINESSES THAT SUBSTANCE ABUSE AND MENTAL 12
DISORDERS ARE TREATABLE. AND IT WOULD BE VERY HELPFUL IF THE 13
STATE LEGISLATURE WOULD ALLOW US THE OPPORTUNITY OF HAVING 14
THOSE WHO ARE MENTALLY ILL TO HAVE THE MEDICAL TREATMENT 15
INSTEAD OF RELEASING THEM ON THE STREET CORNERS AND UNDER A 16
FREEWAY BRIDGE, AND THAT'S BEEN OUR LONGTERM GOAL IS THAT THEY 17
WOULD HAVE THAT MANDATORY TREATMENT TO GET THEM BACK ON THEIR 18
FEED AND BECOME PRODUCTIVE MEMBERS OF OUR COMMUNITY. SO LET ME 19
GIVE THIS PROCLAMATION NOW, IS NATIONAL RECOVERY MONTH OF 20
SEPTEMBER. [APPLAUSE.] 21
22
SPEAKER: MR. MAYOR, MEMBERS OF THE BOARD, WE'RE HERE TODAY, 23
CANDY CARGILL-FULLER WITH BEHAVIORAL SERVICES AND MYSELF WITH 24
TEEN CHALLENGE, HAVE BEEN NATIONAL MEMBERS OF THE NATIONAL 25
September 20, 2011
18
RECOVERY MONTH FEDERAL LEVEL WITH HEALTH AND HUMAN SERVICES 1
AND SUBSTANCE ABUSE MENTAL HEALTH SERVICES ADMINISTRATION FOR 2
MANY YEARS. WE BELIEVE ONE THING AND ONE THING WILL CONTINUE 3
TO BELIEVE, SIR, IS THAT WE WILL CONTINUE THIS ENGAGEMENT IN 4
RECOVERY. WE WILL CONTINUE TO DEVELOP COMMUNITIES. WE WILL 5
CONTINUE TO SERVE THIS GREAT COUNTY OF LOS ANGELES. AND WE'RE 6
PROUD TO BE HERE. AND WE'RE PROUD TO BE STANDING IN THIS 7
PROCLAMATION IN NATIONAL RECOVERY MONTH. THANK YOU VERY MUCH 8
FOR THIS OPPORTUNITY. [APPLAUSE.] 9
10
DR. JONATHAN FIELDING: I'M PLEASED TO JOIN THE BOARD AND THANK 11
THEM FOR PROCLAIMING SEPTEMBER AS NATIONAL RECOVERY MONTH IN 12
OUR COUNTY. AND IT'S AN OPPORTUNITY TO INCREASE THE PUBLIC'S 13
AWARENESS OF BOTH PREVENTION AND TREATMENT OF SUBSTANCE USE 14
DISORDERS. THANKS TO THE KEY SUPPORT SERVICES AVAILABLE 15
THROUGH PROGRAMS FUNDED BY THE PUBLIC HEALTH SUBSTANCE ABUSE 16
PREVENTION AND CONTROL, THOUSANDS OF RESIDENTS OF THIS COUNTY 17
ARE IN RECOVERY. AND I JUST WANT TO POINT OUT THAT WHAT WE'RE 18
TALKING ABOUT IS A BRAIN DISEASE. AND IT'S A CHRONIC DISEASE. 19
AND WE NEED ALL THE HELP THAT PEOPLE CAN GET TO RECOVER, 20
PARTICULARLY IN THESE VERY DIFFICULT ECONOMIC TIMES WHEN IT'S 21
HARD TO FIND A JOB, IT'S PARTICULARLY IMPORTANT THAT WE 22
PROVIDE THE KIND OF SUPPORT THAT MAKES A DIFFERENCE BETWEEN 23
SUCCESSFUL RECOVERY OR RECIDIVISM. I WANT TO THANK MS. CANDY 24
CARGILL-FULLER AND THE REST OF OUR PARTNERS FOR WORKING ON THE 25
September 20, 2011
19
ROAD TO RECOVERY AND POINTING OUT THE BENEFITS OF RECOVERY. 1
ONE OF THE BIGGEST PROBLEMS WE SEE THAT'S GROWING IS THE USE 2
OF PRESCRIPTION MEDICATIONS. AND WE'RE FINDING OUT, AS YOU MAY 3
HAVE SEEN YESTERDAY FROM THE CENTERS FOR DISEASE CONTROL, THAT 4
WE HAVE MORE DEATHS DUE TO DRUGS THAN WE DO TO MOTOR VEHICLE 5
CRASHES AND THAT IS MIRRORED IN LOS ANGELES COUNTY. SO WE HAVE 6
TO BE VERY CONCERNED ABOUT THE VERY ADDICTIVE DRUGS THAT ARE 7
PRESCRIBED THAT WIND UP IN THE WRONG HANDS. BUT THERE ARE MANY 8
EFFECTIVE TREATMENTS. AND WE HAVE A LOT OF OPTIONS AVAILABLE. 9
THANKS TO THE 200 COMMUNITY PARTNERS THAT WE HAVE. THANKS TO A 10
VERY CLOSE RELATIONSHIP WITH THE DEPARTMENT OF MENTAL HEALTH 11
AND WITH THEIR PROVIDERS. AND IF YOU HAVE A PROBLEM, YOU WANT 12
TO LEARN MORE ABOUT A PROBLEM, CALL SUBSTANCE ABUSE AND 13
PREVENTION CONTROL AT 800-564-6660 OR VISIT OUR WEBSITE 14
PUBLICHEALTHLACOUNTY.GOV AND THAT WILL HELP YOU FIND THE 15
RESOURCES YOU NEED. THERE ARE A LOT OF PEOPLE WITHOUT THE KIND 16
OF TREATMENT THEY NEED. REMEMBER, THIS IS A BRAIN DISEASE. 17
EVERYBODY NEEDS TO BE PART OF THE SOLUTION. THANK YOU. 18
19
SUP. ANTONOVICH, MAYOR: NOW WE HAVE LITTLE YUKI WHO IS A 20
CHIHUAHUA TERRIER. SHE IS 12 WEEKS OLD. YOU CAN CALL 562-728-21
4644. AND THIS LITTLE YUKI WHICH MEANS SNOW IN JAPANESE. SO 22
SHE'S BILINGUAL. BILINGUAL BARK WITH A LITTLE PINK TU TU. 23
OKAY. THIS IS LITTLE YUKI. ANYBODY LIKE TO GET LITTLE YUKI 24
September 20, 2011
20
FROM THE DEPARTMENT OF ANIMAL CONTROL? SHE'S LOOKING FOR A 1
HOME. AGAIN SHE'S A CHIHUAHUA TERRIER MIX. 2
3
SUP. RIDLEY-THOMAS: THANK YOU, MR. MAYOR AND COLLEAGUES, I'M 4
PLEASED TO INVITE RUSSELL MCCLELLAN CHAIR OF LOS ANGELES 5
COMMUNITY LEADERSHIP BOARD OF THE AMERICAN DIABETES 6
ASSOCIATION ALONG WITH DR. JONATHAN FIELDING, WHO WE ALL KNOW 7
TO BE THE DIRECTOR OF THE DEPARTMENT OF PUBLIC HEALTH. 8
DIABETES IS A CHRONIC, DEADLY DISEASE THAT NOW AFFECTS ONE OUT 9
OF EVERY SEVEN ADULTS. OVER ONE MILLION PEOPLE RESIDING IN LOS 10
ANGELES COUNTY EACH YEAR. RATES OF DIABETES CONTINUE TO RISE 11
IN L.A. COUNTY, WE'RE TOLD, PARTICULARLY ACROSS THE ETHNIC 12
SPECTRUM. YOU WOULD WANT TO KNOW THAT HOSPITALIZATIONS AMONG 13
ASIAN PACIFIC ISLANDERS, LATINOS AND AFRICAN-AMERICANS 14
INCREASED 14, 10, AND 7 PERCENT RESPECTIVELY OVER THE LAST FEW 15
YEARS DUE TO COMPLICATIONS FROM DIABETES ALONE. AND SO 16
DIABETES IS ONE OF THE MOST COSTLY MEDICAL CONDITIONS TO 17
TREAT, PARTICULARLY DUE TO THE ISSUE OF HOSPITALIZATION. THE 18
DIRECT MEDICAL COSTS OF DIABETES IN L.A. COUNTY ARE ESTIMATED 19
TO BE UPWARDS OF SIX BILLION DOLLARS PER YEAR. I SAID SIX 20
BILLION DOLLARS PER YEAR. FOUNDED IN 1940, THE AMERICAN 21
DIABETES ASSOCIATION IS THE ONLY NONPROFIT ORGANIZATION 22
SUPPORTING ALL 25.8 MILLION AMERICANS LIVING WITH DIABETES. SO 23
THE ADA IS LEADING THE FIGHT TO STOP DIABETES BY WORKING 24
LOCALLY IN PARTNERSHIPS WITH MANY COMMUNITY-BASED 25
September 20, 2011
21
ORGANIZATIONS, SCHOOLS, HOSPITALS, AS WELL AS HOUSES OF 1
WORSHIP TO RAISE AWARENESS TO SLOW THE GROWTH OF THIS DISEASE. 2
TARGETED OUTREACH PROGRAMS TO HIGH-RISK POPULATIONS IS ONE OF 3
THE FOCUSES OR FOCI OF THIS PROGRAM. AND THE STOP DIABETES 4
CAMPAIGN ITSELF AS IT IS OFTEN CALLED WORKS TO EMPOWER 5
MILLIONS TO GET INVOLVED, RAISE AWARENESS TO PROMOTE HEALTHY 6
LIVING AND TO RAISE FUNDS FOR EDUCATIONAL OUTREACH, ADVOCACY 7
EFFORTS AND CRITICAL RESEARCH THAT WILL ULTIMATELY STOP 8
DIABETES. AND SO THE COUNTY OF LOS ANGELES HAS PARTNERED WITH 9
THE AMERICAN DIABETES ASSOCIATION TO EDUCATE AND INFORM COUNTY 10
EMPLOYEES THROUGH A SIX-WEEK DIABETES PREVENTION PROGRAM 11
CURRENTLY UNDERWAY CALLED YES, TAKE THE CHALLENGE, STOP 12
DIABETES. MANY OF YOU KNOW OF IT. MANY OF YOU ARE A PART OF 13
IT. SO THIS YEAR'S PREMIER FUNDRAISING EVENT FOR THE 14
ORGANIZATION IS ENTITLED: STEP OUT WALK TO STOP DIABETES. THE 15
5 K WALK THAT WILL BE HELD ON SUNDAY, OCTOBER THE SECOND IN 16
CULVER CITY. PROCEEDS FROM THE EVENT WILL SUPPORT VITAL 17
RESEARCH AND EDUCATION PROGRAMS AT ACADEMIC INSTITUTIONS AND 18
OTHER PROVIDERS THROUGHOUT THE COUNTY OF LOS ANGELES. AND SO 19
IT'S AN HONOR OF THIS EVENT, AND IT IS WITH GREAT PLEASURE 20
THAT THE BOARD OF SUPERVISORS ITSELF DOES WISH TO PROCLAIM THE 21
SECOND OF OCTOBER AS STEP OUT, WALK TO STOP DIABETES DAY 22
THROUGHOUT THE COUNTY OF LOS ANGELES. AND WE ARE DELIGHTED 23
ONCE AGAIN THAT RUSSELL MCLELLAND IS HERE AND WE PRESENT THIS 24
TO DR. FIELDING AND MR. MCLELLAND FOR THEIR OUTSTANDING WORK 25
September 20, 2011
22
TO HELP US, TO EDUCATE US, AND TO DO WHAT WE MUST DO TO STEP 1
OUT AND STOP DIABETES. GENTLEMEN? [LAUGHTER.] 2
3
RUSSELL MCLELLAND: THANK YOU, SUPERVISOR RIDLEY-THOMAS. THAT 4
WAS A WONDERFUL INTRODUCTION AND AN OVERVIEW OF THE PROBLEM 5
FACING THE COUNTY OF LOS ANGELES. THE COUNTY HEALTH DEPARTMENT 6
HAS IDENTIFIED AND I HAVE THE MOST RECENT REPORT IN FRONT OF 7
ME IS THAT DIABETES IS THE MOST REVERSIBLE HEALTH CRISIS IN 8
LOS ANGELES. AND THIS IS ESPECIALLY TRUE WITH THE ETHNIC 9
DIVERSITY THAT WE HAVE IN LOS ANGELES. IT'S BEEN COMPLICATED 10
BY THE ECONOMIC CHALLENGES WE ALL FACED IN RECENT YEARS. AS 11
SUPERVISOR RIDLEY-THOMAS POINTED OUT, THE AMERICAN DIABETES 12
ASSOCIATION WORKS ACROSS THE COUNTRY AND ACTUALLY WORLDWIDE TO 13
ASSIST NOT ONLY IN EDUCATION, SUPPORT, TREATMENT FACILITATION 14
AND RESEARCH FOR THE 25.8 MILLION PEOPLE WHO CURRENTLY LIVE 15
WITH DIABETES AND COST THE COUNTRY 178 BILLION DOLLARS A YEAR. 16
BUT WE ARE ALSO 79 MILLION PEOPLE IN THE COUNTRY, MANY OF THEM 17
OUT HERE IN THE LOS ANGELES COUNTY WHO ARE PREDIABETIC AND 18
DON'T KNOW THAT THEY HAVE IT. AND AS SUPERVISOR RIDLEY-THOMAS 19
TALKED ABOUT, THAT'S THE PURPOSE OF THE YES PROGRAM, TO ENGAGE 20
THOSE PEOPLE, TO FIND OUT THEIR RISKS AND TO PREVENT DIABETES 21
FROM OCCURRING. SO THANK YOU AGAIN TO YOU AND TO THE ENTIRE 22
BOARD OF SUPERVISORS. [APPLAUSE.] 23
24
September 20, 2011
23
DR. JONATHAN FIELDING: THANKS TO SUPERVISOR MARK RIDLEY-THOMAS 1
AND THE REST OF THE BOARD FOR THEIR VERY STRONG SUPPORT. TYPE 2
2 DIABETES WHICH ACCOUNTS FOR THE MAJORITY OF CASES ARE 3
LARGELY PREVENTIBLE. 90 PERCENT OF TYPE 2 DIABETICS 4
POTENTIALLY COULD NOT HAVE THAT DISEASE AND COULD HAVE THE 5
DISEASE EVEN CONTROLLED BY A FEW SIMPLE THINGS. AND THE MAJOR 6
CONTRIBUTOR IS OVERWEIGHT AND OBESITY. IN OUR COUNTY, WE WENT 7
UP 50 PERCENT IN THE RATE OF OBESITY BETWEEN 1997 AND 2007. 8
AND THAT INCREASE COINCIDES WITH A LARGE INCREASE IN TYPE 2 9
DIABETES. SO PHYSICAL ACTIVITY ON A REGULAR BASIS, HEALTHY 10
EATING ARE BOTH EXTREMELY IMPORTANT AS WELL AS CONTROLLING 11
WEIGHT. THOSE THREE THINGS, IF YOU COULD DO THOSE THREE 12
THINGS, WE COULD IN FACT, TURN THIS EPIDEMIC AROUND AND 13
SIGNIFICANTLY REDUCE THE TOLL OF DIABETES. WE ALSO ARE VERY 14
PLEASED TO HAVE AN INITIATIVE IN L.A. COUNTY CALLED RENEW, 15
WHICH IS FUNDED BY THE CENTERS FOR DISEASE CONTROL AND 16
PREVENTION, AND WE'RE WORKING ON POLICY CHANGES TO MAKE OUR 17
COMMUNITIES HEALTHIER. WHAT DO THOSE MEAN? WORKING CLOSELY 18
WITH CITIES, SCHOOLS AND EMPLOYERS TO INCREASE ACCESS TO 19
HEALTHY FOODS AND BEVERAGES IN HIGH-BURDEN, HIGH-NEED 20
COMMUNITIES, WORKING TO MAKE VENDING MACHINES IN CORNER 21
STORES, PLACES WHERE YOU COULD GET HEALTHY OPTIONS, AND 22
IMPROVING THE NUTRITIONAL CONTENT OF SCHOOL LUNCHES. AND WE 23
WILL SOON LAUNCH A PUBLIC EDUCATION PROGRAM ON THE IMPORTANCE 24
OF REDUCING CONSUMPTION OF SUGAR SWEETENED BEVERAGES WHICH 25
September 20, 2011
24
CONTRIBUTE SIGNIFICANTLY. THE STEP OUT WALK TO STOP DIABETES 1
DAY OFFERS A GREAT OPPORTUNITY. AND I WANT TO THANK AGAIN THE 2
BOARD OF SUPERVISORS AND THE AMERICAN DIABETES ASSOCIATION FOR 3
THEIR VERY STEADFAST SUPPORT AND ADVOCACY AND LEADERSHIP. 4
THANK YOU. 5
6
SUP. RIDLEY-THOMAS: WELL THANK YOU, DR. FIELDING. AND ONCE 7
AGAIN, WHILE WE OFTEN DESCRIBE THIS AS A DEADLY DISEASE, IN 8
SOME INSTANCES IT IS. BUT IT IS NOT AN IRREVERSIBLE SET OF 9
CIRCUMSTANCES. I TRUST THAT EVERYONE WILL TAKE NOTE OF THE 10
FACT THAT EDUCATION AND LIFESTYLE CHANGES CAN MAKE A HUGE 11
DIFFERENCE, AND THEREFORE ONCE AGAIN WE THANK YOU AS WE SEEK 12
TO STOP DIABETES. MR. MAYOR? 13
14
SUP. KNABE: THANK YOU, MR. MAYOR, IT'S MY PRIVILEGE TO ASK A 15
COUPLE OF GOOD FRIENDS UP HERE. DAN PRESBURG AND JACK SMITH. 16
THEY'RE WITH BETTER BALANCE FOR LONG BEACH, WHICH IS THE 17
RECIPIENT OF THE 2011 NEIGHBORHOODS U.S.A.'S NATIONAL 18
NEIGHBORHOOD OF THE YEAR GRAND PRIZE WINNER. IN DECEMBER OF 19
2007 THEY HELD THEIR ONE-DAY CHRISTMAS STORE SHOPPING WITH 20
DIGNITY PROGRAM. THEY PARTNERED WITH THE MAYOR OF LONG BEACH'S 21
WIFE, NANCY FOSTER, THE LONG BEACH RESCUE MISSION AND THE 22
FIRST CONGREGATIONAL CHURCH TO CREATE A CHRISTMAS STORE THAT 23
IS A SHOPPING EXPERIENCE FOR FAMILIES WHO COULD NOT AFFORD 24
CHRISTMAS GIFTS WHILE CREATING A POSITIVE EXPERIENCE THAT WILL 25
September 20, 2011
25
LAST A LIFETIME. THE FIRST FOUR YEARS OF THIS STORE, MORE THAN 1
1,700 FAMILIES HAVE BEEN SERVED. LAST MAY IN ANCHORAGE, 2
ALASKA, BETTER BALANCE FOR LONG BEACH PRESENTED ITS PROGRAMS 3
TO NEIGHBORHOODS USA, A NATIONAL NONPROFIT ORGANIZATION THAT 4
IS COMMITTED TO BUILDING AND STRENGTHENING OUR NEIGHBORHOOD 5
ORGANIZATIONS BY PRESENTING THE ANNUAL NEIGHBORHOOD OF THE 6
YEAR AWARD AS A COLLECTIVE THANK YOU FOR THE HARD WORK BY 7
NEIGHBORHOODS FROM ACROSS THIS GREAT NATION. BUT THIS IS THE 8
ONLY NATIONAL AWARD OF ITS KIND BEING AWARDED. SO ON BEHALF OF 9
MYSELF AND MY COLLEAGUES AND THE BOARD AND OUR 10 MILLION 10
RESIDENTS HERE IN THE COUNTY, WE WANT TO CELEBRATE, COMMEND, 11
AND CONGRATULATE BETTER BALANCE FOR LONG BEACH AS A RECIPIENT 12
OF THE 2011 NATIONAL U.S.A.'S NATIONAL NEIGHBORHOOD OF THE 13
YEAR GRAND PRIZE FOR THE ONE-DAY CHRISTMAS STORE SHOPPING WITH 14
DIGNITY. LET'S GIVE THEM A BIG ROUND OF APPLAUSE. [APPLAUSE.] 15
16
SPEAKER: THANK YOU, SUPERVISOR KNABE. WE ARE HONORED WITH THIS 17
HONOR YOU PRESENTED US. IT WAS GREAT EXCITEMENT WITH WHICH WE 18
RECEIVED THE GRAND PRIZE AWARD FOR THE NEIGHBORHOOD U.S.A. IN 19
ANCHORAGE, ALASKA THIS PAST MAY. ONE OF THE MOST IMPORTANT 20
THINGS ABOUT THIS PROJECT IS ITS PARTNERSHIPS. SUPERVISOR DON 21
MENTIONED A NUMBER OF THEM. OUR KEY PARTNERS ARE THE FIRST 22
LADY OF LONG BEACH, NANCY FOSTER. FIRST CONGREGATIONAL CHURCH, 23
LONG BEACH AND THE LONG BEACH RESCUE MISSION. THE CORE 24
COMMITTEE ARE MOSTLY MEMBERS OF BETTER BALANCE FOR LONG BEACH. 25
September 20, 2011
26
ALL TOGETHER, WE PUT TOGETHER ONE HECK OF A CELEBRATION ON 1
THAT DAY, THE ONE-DAY CHRISTMAS STORE SHOPPING WITH DIGNITY. 2
IF YOU'D LIKE TO KNOW MORE ABOUT IT, OUR WEBSITE IS 3
BETTERBALANCELONGBEACH.ORG. WATCH THE VIDEO ON THERE. THERE'S 4
LOTS OF INFORMATION ALSO HOW YOU CAN CONTRIBUTE AND HOW YOU 5
CAN VOLUNTEER. BETTERBALANCELONGBEACH.ORG, YOUR ONE DAY 6
CHRISTMAS STORE. THANK YOU SO MUCH. 7
8
SUP. ANTONOVICH, MAYOR: I KNOW SUPERVISOR KNABE WE BROUGHT IN 9
A JOINT MOTION ON DON DORNEN. LET ME JUST MAKE A FEW COMMENTS 10
ON DON. DON WAS A VERY SPECIAL PERSON. HE WAS INVOLVED IN 11
DOING ALL THE MEDIA FOR MY VARIOUS CAMPAIGNS. HE WAS 12
INTERNATIONALLY AWARDED PHOTOGRAPHER RECIPIENT OF NATIONAL 13
AWARDS. JUST A REAL SOLID PERSON. HIS UNCLE WAS THE TIN MAN IN 14
"THE WIZARD OF OZ," JACK HALEY. AND HE WAS VERY COMONSENSE 15
INDIVIDUAL, GOOD FAMILY MAN. HE SERVED IN THE UNITED STATES 16
AIR FORCE AND WAS SURVIVED BY HIS WIFE SHIRLEY, AND THEIR 17
SONS, DONALD JR,, KEVIN, BRIAN, JAMES AND MATTHEW. BUT JUST A 18
VERY INCREDIBLE, LOYAL FRIEND, ONE THAT YOU COULD ALWAYS 19
TRUST. ALSO LIKE TO MOVE THAT WE ADJOURN IN MEMORY OF MIREN 20
GILMORE PASSED AWAY OF 78, 51-YEAR RESIDENT OF LANCASTER AND 21
WORKED WITH ANTELOPE VALLEY MUNICIPAL COURT FOR 32 YEARS. SHE 22
LEAVES HER HUSBAND OF 57 YEARS DANIEL AND HER DAUGHTERS DENISE 23
AND KRISTIE, FIVE GRANDCHILDREN AND THREE GREAT GRANDCHILDREN. 24
JOHN ERLE GOODLAD PASSED AWAY ON SEPTEMBER 4TH. HE WAS ACTIVE 25
September 20, 2011
27
IN THE CALIFORNIA AIR AND NATIONAL GUARD DURING THE KOREAN 1
WAR. HE WAS A REALTOR SPECIALIZING IN COMMERCIAL AND 2
INDUSTRIAL REAL ESTATE. HE SERVED AS THE PRESIDENT OF THE 3
GLENDALE ROTARY. HE IS SURVIVE BY HIS CHILDREN: LISA, LYNN, 4
AND JOHN, JR. JOHN WAS ALSO ONE OF THOSE THAT WAS ALWAYS 5
INVOLVED WITH STRONG PUBLIC-PRIVATE PARTNERSHIPS WITH THE 6
COMMUNITY, WITH HIS CHURCH, WITH THE SCOUTS AND ALL AND IS A 7
GOOD COMMUNITY LEADER. ANOTHER DEAR FRIEND WHO PASSED AWAY AT 8
AN AGE OF 102 WAS DELORES HOPE. DELORES, THE WIFE OF BOB HOPE. 9
SHE HAD HELPED ESTABLISH THE EISENHOWER MEDICAL CENTER IN 10
RANCHO MIRAGE, DONATING 80 ACRES OF LAND TO THE MEDICAL 11
CENTER. SHE SERVED AS CHAIRWOMAN OF THE CENTER'S BOARD FOR 12
MANY YEARS. AND IN THE 1940S SHE BEGAN PERFORMING WITH BOB'S 13
FAMED OVERSEAS TOURS, WHICH WAS INTERESTING. SHE WAS THE ONLY 14
WOMAN ALLOWED TO PARTICIPATE IN GOING TO SAUDI ARABIA DURING 15
THAT CONFLICT WHEN WE HAD THE AMERICAN TROOPS OVER THERE. AND 16
SHE WAS A VERY DEVOUT CHRISTIAN. VERY INVOLVED WITH THE 17
CATHOLIC CHURCH. HER SERVICES TO THE COMMUNITY WITH VAST 18
CHARITABLE CONTRIBUTIONS. SHE IS SURVIVED BY HER DAUGHTERS, 19
LINDA, NORA, AND SON KELLY, AND THEIR SON TONY PASSED AWAY I 20
BELIEVE IT WAS THREE OR FOUR YEARS AGO. BUT BOB AND DELORES 21
HOPE WERE SUPPORTERS OF MINE. HE PERFORMED AT A FEW OF MY 22
FUNDRAISERS FOR FREE. I MEAN, HE, IN FACT WOULD DRIVE THE CAR 23
HIMSELF TO THE EVENTS. SO JUST 102, SHE LIVED A GREAT LIFE. 24
ALL MEMBERS ON THAT. THEN ZHEN RUDOLPH PAN PASSED AWAY AT THE 25
September 20, 2011
28
AGE OF 85 HE WAS AN ACCOUNTANT BY PROFESSION. A MEMBER OF THE 1
UNIVERSITY OF SOUTHERN CALIFORNIA WHERE HE WAS INVOLVED UNTIL 2
HE RETIRED AND HE LEAVES HIS WIFE HOO-CHING AND FIVE CHILDREN. 3
AND GENE WEBSTER WHO WAS ONE OF MY COMMISSIONERS ON ALCOHOL, 4
SUBSTANCE ABUSE COMMISSION. FOR MANY YEARS HE WAS THE 5
PROMINENT FIGURE IN LOCAL NEWS, CBS RADIO NETWORK AND PRODUCER 6
OF THE ON SCREEN EDITORIALS FOR KABC TELEVISION AND FORMER 7
PRESIDENT LOS ANGELES PRESS CLUB. HE PASSED AWAY AT THE AGE OF 8
86. GENE WAS QUITE INVOLVED. HE WAS A RECOVERING ALCOHOLIC. 9
AND BECAUSE OF THAT EXPERIENCE WAS QUITE INVOLVED IN TRYING TO 10
GET OTHERS TO GO THROUGH THE AA AND OTHER PROGRAMS TO HELP 11
THOSE WHO HAVE SUBSTANCE ABUSE. AND IT'S SO FITTING THAT TODAY 12
WE WERE HONORING SUBSTANCE ABUSE MONTH BECAUSE PEOPLE CAN GET 13
HELPED WHEN THEY RECOVER. AND WHEN THEY RECOVER THEY CAN 14
ASSUME THEIR ROLE AND BE RESPONSIBLE CITIZENS. AND THEN 15
ANOTHER GOOD FRIEND, A WONDERFUL LEADER OF NOT JUST THE 16
ANTELOPE VALLEY BUT OF THE COUNTY OF LOS ANGELES, AND THAT WAS 17
JUDGE HOWARD MALCOLM SWART WHO PASSED AWAY AT THE AGE OF 73. 18
HE SERVED IN THE UNITED STATES ARMY. HE WAS WITH THE LOS 19
ANGELES COUNTY SHERIFF'S DEPARTMENT THEN A MEMBER OF THE 20
DISTRICT ATTORNEY'S OFFICE, DEPUTY DISTRICT ATTORNEY AND 21
MEMBER OF THE LOS ANGELES COUNTY COURT. HE LIVED IN THE 22
ANTELOPE VALLEY FOR 33 YEARS. HE LEAVES HIS WIFE JEAN OF 43 23
YEARS AND THEIR SON MICHAEL AND DAUGHTERS KELLI AND KRISTIN, 24
SIX GRANDCHILDREN AND HIS BROTHER CARTER. JUDGE SWART HAD ONE 25
September 20, 2011
29
OF THE, I THINK THE MOST HUMOROUS JUDGE BUT HE HAD A GREAT 1
SENSE OF HUMOR, QUITE INVOLVED. I KNOW THERE'S SOME PEOPLE 2
FROM THE ANTELOPE VALLEY TODAY WHO WORKED WITH HIM AND KNOW 3
HIS COMMITMENT TO THE COMMUNITY. GOOD MAN. SO SECONDED BY 4
SUPERVISOR KNABE. WITHOUT OBJECTION, SO ORDERED. LET ME CALL 5
UP A-6. DR. SOUTHARD? ON THIS ISSUE OF RE-ALIGNMENT AND 6
DEPARTMENT OF MENTAL HEALTH WHICH NOW YOU WILL BE AN INTEGRAL 7
PART OF EVEN THOUGH WE DON'T HAVE ALL OF THE NECESSARY FUNDING 8
OR NECESSARY ADMINISTRATIVE OPPORTUNITIES TO DEAL WITH THIS 9
ISSUE THAT'S HITTING US ON OCTOBER 1ST, BUT IT COSTS 10
APPROXIMATELY 6,000 DOLLARS FOR THE COUNTY TO TREAT A PERSON 11
IN NEED OF YOUR SERVICES. WHAT IS THE STATE PROPOSING TO GIVE 12
US UNDERSTATE ASSEMBLY BILL 109? 13
14
DR. MARVIN SOUTHARD: MAYOR ANTONOVICH, THE 6,000 DOLLARS 15
REPRESENTS THE DEPARTMENT OF MENTAL HEALTH'S GUESS OF WHAT THE 16
TREATMENT COSTS WOULD BE BLENDING THOSE COSTS FOR THE MOST 17
SERIOUSLY MENTALLY ILL, WHICH WILL BE MUCH MORE THAN THAT. 18
6,000 IS THE APPROXIMATE COSTS FOR FULL-SERVICE PARTNERSHIP 19
TYPE CLIENTS. AND THEN THERE MAY BE SOME CLIENTS THAT MAY NEED 20
MEDS ONLY. BUT THE 6,000 FIGURE IS REALLY OUR ESTIMATE BASED 21
ON WHAT WE THINK THEY WILL BE SENDING US. AND IT MAY NEED TO 22
BE ADJUSTED DEPENDING ON WHO THEY ACTUALLY SEND US. THE THE 23
STATE IS PLANNING AS THEIR CASE RATE THE AMOUNT OF 2275 PER 24
MONTH, WHICH IS MEANT TO COVER MENTAL HEALTH SERVICES, 25
September 20, 2011
30
SUBSTANCE ABUSE SERVICES AS WELL AS ANCILLARY SERVICES. AND SO 1
SOME RETURNING INDIVIDUALS WILL NOT NEED TO USE ALL OF THAT. 2
AND SOME WILL NEED MUCH MORE THAN THAT. SO THAT IT WAS THE 3
STATE'S ESTIMATE OF THE SUPPORTIVE SERVICE NEEDS ACROSS-THE-4
BOARD. 5
6
SUP. ANTONOVICH, MAYOR: WILL ANY OF THE PORTION OF THE 7
SERVICES THAT YOU WILL BE PROVIDING BE COVERED UNDER ASSEMBLY 8
BILL 109 OR COVERED BY MEDI-CAL, MEDICARE AND HEALTHY WAY 9
L.A.? 10
11
DR. MARVIN SOUTHARD: ABSOLUTELY, SUPERVISOR. OUR INTENTION IS 12
TO WORK ON THE BENEFITS ESTABLISHMENT COMPONENT FOR THE MEDI-13
CAL AND MEDICARE PORTION SO THAT INDIVIDUALS COME OUT WITH 14
THOSE BENEFITS. BUT, FRANKLY, THE STATE HAS NOT BEEN 15
PARTICULARLY SUCCESSFUL IN APPLYING FOR BENEFITS FOR THE 16
INDIVIDUALS THAT THEY'RE RELEASING. OUR UNDERSTANDING IS THAT 17
THEIR SUCCESS RATE IS RUNNING RIGHT NOW ABOUT 2 PERCENT. SO WE 18
BELIEVE THE BEST STRATEGY IS TO GET THE PROCESS IN PLACE SO 19
THAT WE CAN ENROLL ALL DISCHARGED INDIVIDUALS IN HEALTHY WAY 20
L.A. DOING THAT WILL DRAW DOWN THE 50 PERCENT FEDERAL MATCH 21
FOR THEIR MENTAL HEALTH SERVICES BUT ALSO THEIR HEALTH 22
SERVICES. AND RETURNING, THEY WOULD HAVE A HEALTH HOME, A 23
SUBSTANCE ABUSE TREATMENT HOME AND A MENTAL HEALTH CAPACITY IF 24
WE'RE ABLE TO DO THAT. 25
September 20, 2011
31
1
SUP. ANTONOVICH, MAYOR: SO DO YOU HAVE A CASH FLOW PROBLEM? 2
BECAUSE THIS PROGRAM BEGINS OCTOBER 1ST, LESS THAN TWO WEEKS 3
AWAY? 4
5
DR. MARVIN SOUTHARD: MAYOR ANTONOVICH, I'M NOT SURE HOW THE 6
CASH IS RUNNING. I'M SURE THE COUNTY IS GETTING A RECEIPT OF 7
CASH. HOW THAT IS BEING DISTRIBUTED I THINK IS DEPENDENT ON 8
YOUR BOARD'S ACTIONS WITH REGARDS TO THE BUDGET FOR THE 9
PROGRAM. MR. FUJIOKA, DOES APPROVING THESE ITEMS BIND THE 10
BOARD TO A SPECIFIC LEVEL OF FUNDING? 11
12
C.E.O. FUJIOKA: NO, IT DOES NOT A SPECIFIC LEVEL. WHAT IT DOES 13
IS IDENTIFIES THE TYPE OF PROGRAMS AND SERVICES THAT WE'VE 14
PROVIDED THROUGH THIS PARTICULAR PROGRAM. WE'RE IN THE PROCESS 15
RIGHT NOW OF WORKING WITH ALL IMPACTED DEPARTMENTS TO GET 16
WORKLOAD INFORMATION. WE UNDERSTAND WE HAVE SOME INITIAL MONEY 17
THROUGH THE 109 PROGRAM. BUT IT'S JUST SOME STARTUP FUNDS. WE 18
WERE TOLD THAT THE FUNDS WOULD BE COMING TO US ON A MONTHLY 19
BASIS SUBSEQUENT TO THE IMPLEMENTATION OF THE PLAN. WHAT WE'RE 20
TRYING TO DO NOW IS TO, GIVEN THE UNCERTAINTY OF SOME OF THE 21
FUNDING, IS BEING EXTREMELY CONSERVATIVE, EXTREMELY PRUDENT IN 22
WHAT WE RECOMMEND TO YOUR BOARD FOR AUTHORIZATION. AS YOU 23
KNOW, WE HAVE RECOMMENDED A FEW POSITIONS FOR SOME OF THE 24
IMPACTED DEPARTMENTS, ESPECIALLY PROBATION. AND WE'RE DOING 25
September 20, 2011
32
WHAT WE CAN TO ALSO, GIVEN ON A GO-FORWARD BASIS THE QUESTIONS 1
REGARDING ONGOING FUNDING, ABSENT THE CONSTITUTIONAL 2
AMENDMENT, WE'RE PLACING POSITIONS ON TEMPORARY ITEMS, FOR 3
EXAMPLE, SO THAT IF WE CAN PULL IT WE CAN DO SO. 4
5
SUP. ANTONOVICH, MAYOR: THE PROBLEM THAT THE DEPARTMENT IS 6
ASKING, THEY'RE ASKING FOR A SOLE-SOURCE CONTRACT EFFECTIVE 7
OCTOBER 1ST FOR ONLINE ASSESSMENT SYSTEM WHICH ALSO RELIES ON 8
SOME OF THE A.B.109 FUNDING. SO IF WE APPROVE THIS, ARE WE 9
AGREEING TO SPEND THOSE A.B.109 FUNDS FOR THIS CONTRACT WHEN 10
WE HAVEN'T DETERMINED THE SHERIFF AND THE OTHER PROBATION 11
AGENCIES THAT ARE GOING TO BE INVOLVED ALONG WITH THE 12
DEPARTMENT OF HEALTH? OUR HANDS ARE BEING TIED IN A WAY THAT 13
WE'RE ON A FAST TRACK WHERE WE HAVE NO RESPONSIBILITY OF 14
SLOWING DOWN, COMMITTING TO CONTRACTS AND FUNDING WHEN WE KNOW 15
UP FRONT THAT THERE WILL NOT BE SUFFICIENT FUNDING WHICH 16
ALLOWS US LIABILITIES PROVIDING THOUGH SERVICES WHICH WE ARE 17
CONTRACTING TO PROVIDE. AND IT'S NOT LOS ANGELES COUNTY, IT'S 18
ALL 58 COUNTIES IN THIS STATE WHICH ARE FACING THIS DILEMMA. 19
20
C.E.O. FUJIOKA: WE DO KNOW THAT THERE'S FUNDING FOR THIS AND 21
NEXT FISCAL YEAR BECAUSE IT'S IN THE BUDGET AND WOULD REQUIRE 22
A LEGISLATIVE ACTION TO REMOVE THAT MONEY. THAT WOULD ALSO 23
HAVE TO BE SUPPORTED BY OUR GOVERNOR. WE ALSO KNOW THERE'S AN 24
EFFORT TO TRY AND RESURRECT THAT CONSTITUTIONAL AMENDMENT TO 25
September 20, 2011
33
ENSURE THE FUNDING. BUT I UNDERSTAND YOUR CONCERN. DR. 1
SOUTHARD, THE CONTRACT YOU WERE TALKING ABOUT HAS A 2
TERMINATION CLAUSE IN THE EVENT WE HAVE TO PULL THAT, RIGHT? 3
4
DR. MARVIN SOUTHARD: IN ADDITION, MAYOR ANTONOVICH, THE 5
CONTRACTING PROCESS THAT WE'RE PROPOSING HERE GIVES US A 6
STRUCTURE THAT WE CAN CONTRACT WITH COMMUNITY AGENCIES THAT 7
HAVE EXPERTISE IN FORENSIC TREATMENT SO THAT WE HAVE ENTITIES 8
THAT CAN CARE FOR THE INDIVIDUALS AS THEY ARE RETURNED ON 9
OCTOBER THE FIRST. WE ALSO ARE BEING PRUDENT AND DO NOT PLAN 10
TO ALLOCATE ALL OF THE MONEY THAT WE GET SO THAT WE CAN 11
ADJUST. BECAUSE WE DON'T KNOW RIGHT NOW IF THE STATE IS GOING 12
TO SEND US A FAIR MIXTURE OF PATIENTS OR THEY'RE GOING TO DO 13
AS WE EXPERIENCED IN THE NRP PROCESS AND SEND US AN OVERLOAD 14
OF PEOPLE WHO ARE VERY ILL. RIGHT NOW, FOR EXAMPLE, MR. MAYOR, 15
THE STATE IS WORKING OUT PLANS FOR TRANSFERRING INDIVIDUALS TO 16
L.A. COUNTY ON 5150. SO PEOPLE WHO ARE ACUTELY PSYCHOTIC WOULD 17
BE RETURNED TO OUR COUNTY FOR COMMUNITY SUPERVISION. WE THINK, 18
I THINK, THIS IS TOTALLY INAPPROPRIATE. AND THAT WE ARE 19
PUSHING BACK IN EVERY WAY POSSIBLE WITH THE STATE TO SAY THAT 20
THE PEOPLE WHO ARE RETURNED ARE PEOPLE WHO OUGHT TO BE 21
APPROPRIATE FOR COMMUNITY SUPERVISION AND NOT PEOPLE WHO NEED 22
A 5150 AND WOULD END UP IN OUR EMERGENCY ROOMS ON THE DAY OF 23
RELEASE. 24
25
September 20, 2011
34
SUP. ANTONOVICH, MAYOR: THUS FAR THEY HAVE NO EARS AND THEY'RE 1
NOT LISTENING TO THAT. 2
3
DR. MARVIN SOUTHARD: SO WE'RE PUSHING VERY HARD. WE HAVEN'T 4
GOTTEN ANY FINAL ACTION ON THIS, BUT WE AND ALL THE OTHER 5
COUNTIES THINK THIS IS A VERY IMPORTANT ISSUE. 6
7
C.E.O. FUJIOKA: YOU KNOW ON THAT NOTE, SIR, OUR PROBATION 8
DEPARTMENT HAS REVIEWED ABOUT 1,268 FILES AS PART OF THIS 9
PAROLE POPULATION. AND THE FILES HAVE NO, I GUESS I CAN SAY NO 10
MENTAL HEALTH INFORMATION. ALL IT STATES IS "THIS INDIVIDUAL 11
HAS MENTAL HEALTH PROBLEMS OR ISSUES". 12
13
DR. MARVIN SOUTHARD: YEAH, THERE'S A BOX TO BE CHECKED THAT 14
SAYS "MENTAL HEALTH ISSUES". AND THERE'S ANOTHER BOX THAT IS 15
SOMETIMES CHECKED THAT SAYS "ENHANCED OUTPATIENT TREATMENT." 16
WHICH MEANS THEY HAVE MORE ACUTE NEEDS THAN THOSE OTHER 17
INDIVIDUALS. BASICALLY THAT'S ALL THE INFORMATION WE HAVE AT 18
THIS POINT. 19
20
C.E.O. FUJIOKA: AND THE STATUTE'S VERY CLEAR ON THIS ISSUE 21
THAT AUTHORIZES A.B.109. IT SAYS IT WILL NOT RECEIVE 22
INDIVIDUALS WHO HAVE ACUTE MENTAL HEALTH PROBLEMS. SO DR. 23
SOUTHARD AND THEN HIS COUNTERPARTS IN OTHER COUNTIES ARE 24
PUSHING HARD ON THIS ISSUE RIGHT NOW. WE'RE ASKING TO REVIEW 25
September 20, 2011
35
MEDICAL RECORDS. WE'RE ASKING TO REVIEW THE DOCUMENTATION. I 1
UNDERSTAND C.D.C.R. HAS INITIALLY NOT BEEN REAL COOPERATIVE. 2
WE HAVE ANOTHER PROGRAM FOR NONREVOCABLE PAROLEEES. 3
4
SUP. ANTONOVICH, MAYOR: SO THE QUESTION IS WHO PREVENTS THEM 5
FROM GETTING ON THE BUS TO DRIVE TO THEIR LOCAL COUNTIES? IF 6
THE 58 COUNTIES SAY THIS DIDN'T COMPLY WITH THE LAW AND YOU 7
DIDN'T CHECK THE RIGHT BOXES, HOW DO WE HAVE THE ABILITY TO 8
STOP THE BUS UNTIL THEY DO THAT? 9
10
SUP. MOLINA: MR. CHAIRMAN? 11
12
SUP. ANTONOVICH, MAYOR: SUPERVISOR MOLINA? 13
14
SUP. MOLINA: I THINK THAT WE NEED TO. I THINK THAT WE NEED TO 15
TAKE AN AGGRESSIVE ACTION NOW TO SAY THAT THESE PEOPLE WILL 16
NOT BE ACCEPTED. IF UNTIL WE GET THOSE MEDICAL RECORDS. I 17
THINK THAT WE NEED TO BE ASSERTIVE, AS WELL, IN THAT REGARD. 18
WE'RE PLANNING ON BEING A PARTNER. BUT WE'RE NOT GOING TO BE 19
THROWN THESE FOLKS WITHOUT ANY KIND OF RESPONSIBILITY ON THE 20
PART OF THE STATE. SO I THINK THAT WE NEED TO TAKE AN ACTION 21
NOW THAT SAYS WE'RE NOT GOING TO ACCEPT THEM UNTIL THEY GIVE 22
US THE MEDICAL RECORDS AND THAT THEY'RE GOING TO BE-- WE COULD 23
HOLD THEM AS STATE PRISONERS AND CHARGE THE STATE. AND I THINK 24
WE NEED TO GET INVOLVED AND MAYBE HAVING A MEETING DIRECTLY 25
September 20, 2011
36
WITH THE HEAD OF CORRECTIONS AND OUR TWO STATE LEGISLATIVE 1
LEADERS AS WELL AS THE GOVERNOR, BECAUSE THIS IS NOT GOING TO 2
BE ACCEPTABLE. IT'S BAD ENOUGH THAT WE'RE GETTING A NUMBER OF 3
FELONS THAT ARE GOING TO BE COMING INTO THE COMMUNITY THAT WE 4
STILL DO NOT KNOW IF THEY NEVER SHOW UP OR IF THEY VIOLATE 5
WHATEVER THEIR PROBATION IS, WE HAVE NO ACCESS TO THEM. BUT 6
WE'RE GOING TO GO OVER THERE AND KNOCK ON THE DOOR AND SAY 7
"HEY, YOU HAVE AN APPOINTMENT, YOU SKIPPED A MEETING"? I MEAN 8
THESE FOLKS, THERE'S NO ACTION THAT WE COULD TAKE. SO ON THE 9
MENTAL HEALTH COMPONENT, NOW WE'RE TALKING ABOUT POTENTIALLY 10
DANGEROUS PEOPLE, WE DON'T KNOW. I MEAN IT'S ONE THING THAT 11
THEY COMMITTED CRIMES OR THINGS OF THAT SORT, BUT THEY MAY BE 12
POTENTIALLY DANGEROUS AND NEED TREATMENT. 13
14
SUP. KNABE: I'LL SECOND THAT MOTION. 15
16
SUP. MOLINA: I THINK IT HAS TO BE VERY AGGRESSIVE AND WE 17
SHOULD JUST SAY ABSOLUTELY NO. AND WE SHOULD TAKE AN ACTION 18
THAT GOES DIRECTLY AND SAYS WE'RE NOT ACCEPTING THEM. TAKE 19
THIS FILE BACK. IT'S UNACCEPTABLE. 20
21
SUP. ANTONOVICH, MAYOR: THAT WILL BE A MOTION ON THE TABLE, 22
THEN. WE'LL HAVE PUBLIC COMMENT, THEN. 23
24
September 20, 2011
37
C.E.O. FUJIOKA: I THINK THAT'S AN EXCELLENT IDEA. OUR CHIEF 1
PROBATION OFFICER HAS BEEN IN CONVERSATION WITH MATTHEW CATE 2
WHO IS HEAD OF CDCR TRYING TO GET ADDITIONAL INFORMATION. DR. 3
SOUTHARD HAS BEEN TRYING TO GET ADDITIONAL INFORMATION. 4
5
SUP. MOLINA: COULD I ASK A QUESTION BEFORE WE GO ON TO THAT? 6
BECAUSE I HAVE BEEN CONCERNED WITH DR. SOUTHARD'S LACK OF 7
HIRING FOR THE PROBATION DEPARTMENT. AND SO WE HAVE NOT 8
RECEIVED FROM YOU ANY KIND OF A WORK PLAN AS TO WHAT IT'S 9
GOING TO TAKE AS FAR AS EMPLOYEES OR SERVICES THAT YOU'RE 10
GOING TO BE PROVIDING. I'VE NOT SEEN ANYTHING FROM YOUR 11
DEPARTMENT. 12
13
DR. MARVIN SOUTHARD: SUPERVISOR MOLINA, FOR THIS PROJECT HERE? 14
15
SUP. MOLINA: THAT'S CORRECT. 16
17
DR. MARVIN SOUTHARD: WE HAVE PROPOSED THROUGH THE C.E.O. A 18
PLAN FOR WHO WE WERE GOING TO HIRE. 19
20
SUP. MOLINA: AND HOW MANY PEOPLE ARE THAT? 21
22
DR. MARVIN SOUTHARD: I BELIEVE-- I THINK THE TOTAL IS AROUND 23
15. WE PLANNED TO HIRE SCREENERS TO BE COLLOCATED AT THE HUBS 24
September 20, 2011
38
AND SOME ADDITIONAL STAFF FOR SOME OF THE DIRECTLY OPERATED 1
FACILITIES? 2
3
SUP. MOLINA: WHEN DO YOU PLAN TO HIRE THEM? 4
5
C.E.O. FUJIOKA: LET ME HELP WITH THAT. 6
7
SUP. MOLINA: NO.8
9
C.E.O. FUJIOKA: THEY HAVEN'T BEEN APPROVED YET. IT WAS OUR 10
INTENT THAT- 11
12
SUP. MOLINA: YOU KNOW EXACTLY WHERE I'M GOING, RIGHT? 13
14
C.E.O. FUJIOKA: I UNDERSTAND EXACTLY WHERE YOU'RE GOING. WE 15
HAD COMMUNICATED TO THE BOARD EARLIER THAT WE'RE GOING TO COME 16
FORWARD ON OCTOBER 4TH NOT ONLY FOR JUST MENTAL HEALTH BUT 17
ALSO PUBLIC HEALTH, ALTERNATE PUBLIC DEFENDER, PUBLIC 18
DEFENDER, D.A. WE HAVE SOME PRELIMINARY APPROVALS FOR 19
PROBATION. THE CHALLENGE WE HAVE IS DEVELOPING THE 20
JUSTIFICATION FOR THESE POSITIONS. WE DON'T HAVE THE WORK FLOW 21
YET. 22
23
SUP. MOLINA: I UNDERSTAND AND I CAN APPRECIATE THAT. BUT THE 24
EXPERIENCE THAT I HAVE WITH THE DEPARTMENT OF MENTAL HEALTH, 25
September 20, 2011
39
BECAUSE IN PROBATION, WE HAVE BEEN WAITING FOR THE MENTAL 1
HEALTH WORKERS, WE'VE GIVEN YOU AUTHORIZATION TO HIRE, AND 2
WHEN I LAST CHECKED, WHICH WAS TWO WEEKS AGO, YOU HAD TWO 3
CLERICALS THAT YOU HAD HIRED SINCE JUNE. AND, I MEAN, HOW MUCH 4
OF A RUNNING START DO YOU NEED IN ORDER TO HIRE? I DON'T KNOW 5
HOW MANY PEOPLE WERE YOU SUPPOSED TO HIRE? TWENTY-FOUR FOLKS 6
SINCE JUNE AND YOU ONLY HIRED TWO SO FAR? 7
8
DR. MARVIN SOUTHARD: SUPERVISOR, THERE'S BEEN PROGRESS SINCE 9
THAT REPORT. 10
11
SUP. MOLINA: OH REALLY? SO NOW YOU HIRED HOW MANY? 12
13
DR. MARVIN SOUTHARD: WE HAVE FOUR INDIVIDUALS WHO ARE 14
CURRENTLY STARTED AND WE'VE HAD OFFERS TO AN ADDITIONAL 10 15
WITH START DATES. BUT THEY HAVEN'T STARTED WORKING YET. 16
17
SUP. MOLINA: WELL THAT'S THE PROBLEM, OKAY? THESE KIDS IN 18
PROBATION NEED MENTAL HEALTH SERVICES. WE WANT THEM, WHILE 19
THEY ARE IN PROBATION, THAT IS WHEN WE SHOULD SURROUND THEM 20
WITH SERVICES BECAUSE WE HAVE THEM AND WE HAVE A 21
RESPONSIBILITY AND A DUTY TO THEM. AND RIGHT NOW THEY'RE 22
LACKING IN MENTAL HEALTH SERVICES BECAUSE YOU CAN'T HIRE US 23
UP. WE GIVE YOU THE AUTHORITY, WE GIVE YOU THE MONEY, WE GIVE 24
YOU THE DIRECTION, AND IT CAN'T HAPPEN. THIS IS UNACCEPTABLE. 25
September 20, 2011
40
THIS IS MONEY ON THE TABLE THAT IS AVAILABLE TO YOU TO RUN AND 1
HIRE AT THE TIME WHEN THERE'S A HUGE UNEMPLOYMENT RATE. AND 2
IT'S JUST NOT HAPPENING. IT'S UNACCEPTABLE. SO I MEAN YOU NEED 3
A HEAD START IN OCTOBER. YOU SHOULD HAVE STARTED IN JANUARY TO 4
GET READY. SO IN OCTOBER, I WILL ASSUME THAT BY NEXT APRIL, 5
YOU MIGHT BE ABLE TO HIRE 12 TO 14 PEOPLE. I THINK YOU'VE GOT 6
A PROBLEM AND YOU'VE GOT TO ADDRESS IT. 7
8
DR. MARVIN SOUTHARD: WE'RE MOVING AS AGGRESSIVELY AS WE 9
POSSIBLY CAN, SUPERVISOR. 10
11
SUP. MOLINA: AGGRESSIVELY IS OBVIOUSLY NOT VERY AGGRESSIVE, 12
OKAY? SO WHAT I'M SAYING IS YOU NEED TO GET ON THIS RIGHT AWAY 13
BECAUSE THIS IS UNACCEPTABLE. THESE CHILDREN NEED THESE 14
SERVICES AND THEY'RE BEING DENIED SERVICES, DENIED, BECAUSE 15
YOU ARE NOT AGGRESSIVE IN HIRING THE FOLKS. AND IF YOU CAN'T 16
DO IT, LET US KNOW. THERE ARE CONTRACTORS WHO ARE WILLING TO 17
GO INTO THESE FACILITIES TO PROVIDE THOSE SERVICES. THIS IS 18
UNACCEPTABLE. AND NOW WE'RE GOING TO POTENTIALLY HIRE, I MEAN 19
YOU'RE GOING TO NEED A BIG RUNNING START. I REALLY WOULD 20
SUGGEST THAT YOU GET DIRECTLY INVOLVED IN THIS AND FIND OUT 21
WHY IT IS TAKING SO MANY MONTHS, SO MANY WEEKS TO HIRE A BASIC 22
FEW PEOPLE THAT HAVE BEEN AUTHORIZED AND WE'VE BEEN WAITING 23
FOR IN THE PROBATION DEPARTMENT TO HELP THESE KIDS. 24
25
September 20, 2011
41
DR. MARVIN SOUTHARD: I WILL, SUPERVISOR. 1
2
SUP. MOLINA: SO CAN YOU COME NEXT WEEK TO TELL ME WHAT 3
AGGRESSIVE, REAL AGGRESSIVE ROLE YOU ARE GOING TO TAKE TO MAKE 4
THAT HAPPEN? 5
6
DR. MARVIN SOUTHARD: YES, SUPERVISOR. 7
8
C.E.O. FUJIOKA: MR. MAYOR, WE HAVE OUR CHIEF PROBATION OFFICER 9
HERE. HE CAN SPEAK TO HIS CONTACT WITH C.D.C.R. TO CLARIFY 10
SOME OF THIS INFORMATION. IN ADDITION, IN TALKING TO OUR 11
COUNTY COUNSEL HERE, SHE SAID GIVEN THAT THE STATUTE IS VERY 12
CLEAR OF WHAT TYPE OF MENTAL HEALTH, WHAT TYPE OF PAROLEES 13
WE'LL RECEIVE WITH MENTAL HEALTH NEEDS IF THEY GIVE US 14
INDIVIDUALS WHO DO NOT MEET THE INTENT OF THE STATUTE, WE CAN 15
TAKE INFORMAL ACTION AGAINST THE STATE. 16
17
DONALD BLEVINS: JUST TO CLARIFY WHAT THE LAW SAYS IS THAT 18
WHILE AT C.D.C.R. THEY HAVE BEEN DIAGNOSED A MENTALLY DISORDER 19
OFFENDER THAT'S THE POPULATION THAT WE CAN REFUSE. THEY AREN'T 20
SUPPOSED TO SEND THOSE. BUT AN INDIVIDUAL COULD HAVE SOME 21
SERIOUS MENTAL HEALTH ISSUES AND NOT BE DIAGNOSED AND THEY ARE 22
OURS. WHEN THAT INDIVIDUAL IS PAROLED, THEY WILL COME TO THIS 23
COUNTY WITH WHATEVER PSYCHOLOGICAL NEEDS THEY HAVE. WHAT WE'VE 24
BEEN WORKING WITH C.D.C.R. AND I'VE SPOKEN TO MATTHEW KATE AND 25
September 20, 2011
42
ALSO TERRY MCDONALD WHO IS THE DIRECTOR OF ADULT INSTITUTIONS, 1
WE HAVE CONVEYED TO THEM THAT WE NEED MORE INFORMATION ABOUT 2
THESE INDIVIDUALS. SIMPLY CHECKING A BOX IS NOT ENOUGH 3
INFORMATION. THEY HAVE AGREED THAT THEY WILL WORK WITH US TO 4
PROVIDE THE INFORMATION THAT WE'RE REQUESTING. 5
6
SUP. YAROSLAVSKY: ALL RIGHT, CAN I JUST-- 7
8
SUP. MOLINA: BEFORE THEY GET HERE OR AFTER? 9
10
DONALD BLEVINS: BEFORE THEY GET HERE. BEFORE THEY GET HERE. 11
12
SUP. ANTONOVICH, MAYOR: ALL THE ASSOCIATION MEETINGS WHERE 13
PROBATION PEOPLE SIT AND TALK ABOUT THIS COMING LEGISLATIVE 14
MANDATE IN LESS THAN TWO WEEKS, AREN'T THESE ITEMS DISCUSSED 15
THERE? AND DO YOU HAVE PEOPLE FROM THE STATE THAT ATTEND THESE 16
MEETINGS? AREN'T THEY BEING ADDRESSED THERE? I MEAN, LESS THAN 17
TWO WEEKS AND WE'RE STILL GOING TO HAVE A SITUATION THAT WE'RE 18
REALLY NOT PREPARED FOR, AGAIN, ALL 58 COUNTIES, WHY DIDN'T 19
THE ASSOCIATIONS TAKE A STRONGER ROLE AND SAY TO THE STATE 20
DAMMIT WE HAVE A PROBLEM? 21
22
DONALD BLEVINS: LET ME ANSWER YOUR QUESTION BY SAYING NUMBER 23
ONE AS OUR STAFF ARE REVIEWING THESE FILES, WE HAVE COMPILED A 24
LIST OF PROBLEMS THAT WE HAVE NOTED. I CAN PROVIDE THAT LIST 25
September 20, 2011
43
TO ALL OF YOU. BUT WE HAVE CONVEYED THAT LIST TO C.D.C.R., AND 1
THEY HAVE AGREED TO WORK WITH US. SECONDLY, C.D.C.R. SCHEDULED 2
A REGIONAL TRAINING THAT WAS HELD HERE AT LOS ANGELES TWO 3
WEEKS AGO IN WHICH ALL OF THESE ITEMS WERE DISCUSSED AT THAT 4
REGIONAL TRAINING. SO THE STAFF FROM ALL OVER SOUTHERN 5
CALIFORNIA, INCLUDING MY STAFF AND THE SHERIFF'S STAFF, WERE 6
IN ATTENDANCE AT THOSE MEETINGS. AND WE DID CONVEY THAT 7
INFORMATION. AND AGAIN TERRY MCDONALD, WHO'S THE DIRECTOR OF 8
ALL THE STATE PRISONS, SAID THAT THEY ARE COMMITTED TO 9
ADDRESSING THOSE ISSUES ON THAT LIST AND TO MAKE SURE THAT 10
THEY CONTINUE TO WORK WITH US. 11
12
SUP. ANTONOVICH, MAYOR: BUT THESE ISSUES HAVE BEEN RAISED, I 13
KNOW WE'VE BEEN TALKING ABOUT THIS FOR MONTHS, MONTHS. DID AN 14
OP-ED ON THIS ISSUE THAT WAS COUNTY-WIDE. "THEY'RE WORKING ON 15
IT. THEY'RE WORKING ON IT." WHEN DO THEY END UP WITH THE FINAL 16
RESULT? THE FINAL PLAN? LESS THAN 14 DAYS AWAY, WE NOW HAVE 17
THE BUSES ARRIVING. AND THERE'S NO FINAL PLAN IN PLACE. 18
19
DONALD BLEVINS: WELL, THERE IS A PLAN IN PLACE AS FAR AS OUR 20
COUNTY IS CONCERNED AND AS FAR AS C.D.C.R. IS CONCERNED. WE'RE 21
JUST TROUBLE-SHOOTING THE PROBLEMS AS THEY COME UP. 22
23
SUP. ANTONOVICH, MAYOR: BUT THE TROUBLE-SHOOTING, THAT SHOULD 24
HAVE BEEN RESOLVED AT THE BEGINNING INSTEAD OF AT THE END 25
September 20, 2011
44
WHERE THEY'RE SAYING "YES, WE WANT THAT PERSON, NO, WE DON'T 1
WANT THAT PERSON" AND IF THE STATE SAYS YOU'RE GOING TO TAKE 2
THEM REGARDLESS, WE'RE IN A CATCH-22 BIND. 3
4
DONALD BLEVINS: I CERTAINLY AGREE WITH THAT. C.D.C.R. HAVE 5
CERTAINLY AGREED THAT THEY HAVE NOT PROVIDED ENOUGH TRAINING 6
TO THEIR STAFF WITH REGARD TO WHAT ALL OF THIS LAW SAYS, AND 7
Yaroslavsky, Supervisor Knabe and Supervisor Antonovich
The Adjourned Regular Meeting of September 20, 2011 held Wednesday,
September 21, 2011 of the Board of Supervisors of the County of Los Angeles
convened in Closed Session at 2:05 p.m. Present were Supervisors Gloria
Molina, Mark Ridley-Thomas, Zev Yaroslavsky, Don Knabe, and Michael D.
Antonovich, Mayor presiding, in the Department Head Room in Room 383 of
the Kenneth Hahn Hall of Administration to consider the following Closed
Session: (11-0088)
CS-8. CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION
(Subdivision (c) of Government Code Section 54956.9)
Initiation of litigation (one case)
Identified as Item Number 38 on the posted Agenda for September 20, 2011.
No reportable action was taken. (11-4198)
The Board of Supervisors of the County of Los Angeles, and ex officio the
governing body of all other special assessment and taxing districts, agencies
and authorities for which said Board so acts, adjourned the Adjourned Meeting
of September 20, 2011 held Wednesday, September 21, 2011, at 2:45 p.m.
Present were Supervisors Gloria Molina, Mark Ridley-Thomas, Zev
Yaroslavsky, Don Knabe, and Michael D. Antonovich, Mayor presiding.
The next regular meeting of the Board is Tuesday, September 27 at 9:00 a.m.
(11-0088)
September 21, 2011Board of Supervisors Statement Of Proceedings
The foregoing is a fair statement of the proceedings of the Adjourned Regular Meeting
of September 20, 2011 held Wednesday, September 21, 2011, by the Board of
Supervisors of the County of Los Angeles and ex officio the governing body of all other
special assessment and taxing districts, agencies and authorities for which said Board
so acts.
Sachi A. Hamai, Executive Officer
Executive Officer-Clerk
of the Board of Supervisors
By
Janet Logan
Chief, Board Services Division,
Operations
Page 2County of Los Angeles
aguzman
JanetWTitle
Exhibit E
AGENDA FOR THE SPECIAL MEETING OF THE
BOARD OF SUPERVISORS OF THE COUNTY OF LOS ANGELES
MONDAY, SEPTEMBER 26, 2011, 2:00 p.m.
CONFERENCE ROOM 864
KENNETH HAHN HALL OF ADMINISTRATION500 WEST TEMPLE STREET
LOS ANGELES, CALIFORNIA 90012
Michael D. AntonovichMayor
Fifth District
Gloria Molina Supervisor First District
Mark Ridley-ThomasSupervisor
Second District
Zev Yaroslavsky Chair Pro Tem Third District
Don KnabeSupervisor
Fourth District
Executive OfficerSachi A. Hamai
AGENDA POSTED: September 23, 2011
Opportunity for members of the public to address the Board on the subject of item CS-1.
NOTICE OF CLOSED SESSION
CONFERENCE REGARDING POTENTIAL THREATS TO PUBLIC SERVICES OR FACILITIES (Subdivision (a) Government Code Section 54957) Consultation with the Sheriff, Chief Probation Officer, Department of Mental Health, Secretary of California Department of Corrections and Rehabilitation, and the Secretary of California Health and Human Services Agency, or their respective deputies, and other appropriate and necessary County and State officials, on matters posing a potential threat to the public’s right of access to public services or public facilities due to the impact of AB 109. (11-4198)
CS-1.
Exhibit F
Monday, September 26, 2011
STATEMENT OF PROCEEDINGS FOR THE SPECIAL
MEETING OF THE BOARD OF SUPERVISORS OF THE
COUNTY OF LOS ANGELES HELD IN ROOM 864
OF THE KENNETH HAHN HALL OF ADMINISTRATION
500 WEST TEMPLE STREET, LOS ANGELES, CALIFORNIA 90012
After a closed-door meeting with Gov. Jerry Brown on Monday, Los Angeles County supervisors helda brief open meeting before quickly leaving.
The hastily called meeting included Brown as well as Sheriff Lee Baca and lasted for about an hour.They were scheduled to discuss a controversial plan to shift responsibility for some parolees fromstate workers to county probation officers.
The state's Brown Act generally requires that local legislative bodies meet in the open so members ofthe public can attend and participate. Closed session is normally reserved for sensitive matters suchas hiring, firing, public security, labor and property negotiations or pending lawsuits.
A county attorney cited "potential threats to the public services or facilities" as the reason to hold themeeting behind closed doors. Supervisors have been concerned that some parolees could have violenttendencies.
After holding a brief public meeting after the closed session, supervisors Michael D. Antonovich, ZevZaroslavsky, Don Knabe and Gloria Molina quickly left the room without taking questions about theclosed session. Supervisor Mark Ridley-Thomas was not present in open session.
Terry Francke, general counsel for Californians Aware, a group advocating open government, saidthat it appeared the state's open meetings law had been violated. "There is a strictly limited set ofcircumstances for a closed session, and this is not one of them," he said.
Brown also did not take questions after the meeting. His staff said Brown did not ask for the meetingto be private.
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-- Jason Song at the County Hall of Administration
Photo: California Gov. Jerry Brown. Credit: Mark Boster / Los Angeles Times
In ignoring the state's open meeting law on AB 109 realignment, the L.A. County supervisorslocked the public out of a key policy discussion for their own ease and convenience.
4:07 PM PDT, September 27, 2011
The Los Angeles County Board of Supervisors sat down Monday withGov. Jerry Brown to discuss AB 109 realignment, under whichcounties, beginning Saturday, take responsibility for a large portion ofinmates and parolees who until now have been supervised by the state.The law mandates that board meetings be public, but the supervisorswanted their meeting to be held behind closed doors. So countylawyers cited an exception — Government Code Section 54957(a) —that applies to meetings that local officials call to confer with securityexperts about threats to public buildings and utilities.
There are two possible explanations. Here's the first: Things are farworse than either the governor or the supervisors have let on. True,some supervisors, especially Zev Yaroslavsky and Michael D.Antonovich, have warned that realignment will quickly fill up countyjails and cause an increase in crime among those who should bebehind bars but are not. But until now, officials have hidden the threatto public buildings and utilities. Perhaps they have received intelligence that nonviolent, non-serious, nonsexualoffenders are planning to assault power stations or wastewater treatment plants, right after they report to theirprobation officers. Maybe there are plots by newly convicted felons to close off access to the Hollywood Bowl or theCounty Museum of Art. Beginning Oct. 1, criminals may threaten the water supply. If that's the case, thank goodnessour elected officials are ahead of the game. But really, they can level with us. We can handle it.
Here's the other possible explanation: The supervisors and County Counsel Andrea Ordin blatantly violatedCalifornia's open meeting law because they wanted their session with the governor to be private and didn't care thatthey were breaking the law. Lacking a legal basis for locking the public out, they pulled out an inapplicable exceptionto the Ralph M. Brown Act, perhaps hoping that no one would actually read it.
Ludicrous claims about threats to public utilities or to "the public's right of access to public services or publicfacilities" show the supervisors to be contemptuous of the public, or cowardly, or both. The subject of AB 109 is ofutmost importance to county residents, who are entitled to hear the matter discussed by their highest local andstatewide elected officials. Residents and other stakeholders are rightly concerned about public policy, public safety,expenditures of public money and, let's still hope, rehabilitation of former prisoners.
As it turns out, lawbreakers did in fact block access to a public facility. The perpetrators are the five supervisors —Yaroslavsky, Antonovich, Mark Ridley-Thomas, Gloria Molina and Don Knabe. They locked the public out of a keypolicy discussion for their own ease and convenience. Don't buy their argument that they were just taking the advice oftheir lawyer. They know better — and they ought to be ashamed of themselves.
L.A.'s closed-door supervisorsBy holding discussions on vital issues in secret, the board displays its contempt for the public.
January 31, 2012
The Los Angeles County Board of Supervisors violated the law last year when it shut the public out of a meeting with Gov. Jerry Brown that had been called todiscuss the county's new responsibility to deal with felons, according to a finding issued last week by the district attorney's office. Realignment, as it is known,is a landmark shift in how Californians lock up, supervise and pay for thousands of criminals and parolees, and some of the supervisors have sought to swaypublic opinion on the issue with warnings of coming crime spikes and assertions that the state is leaving the county without adequate funding for the shift. Butwhen it came time for a frank discussion between the highest state and county officials of the policies and practical aspects and expected consequences ofrealignment, the board retreated to a back room. In addition to violating the law, the action displayed an astonishing contempt for the public.
Supervisors asserted on their agenda that the Sept. 26, 2011, closed session was permissible because it was a discussion of "matters posing a potential threat tothe public's right of access to public services or public facilities to [sic] the impact of AB 109," the realignment legislation. Nonsense. The 1970s-era exemptionin the Ralph M. Brown Act, also known as the open meetings law, to discuss threats to public access was adopted so that public bodies could talk about how toprevent protesters from keeping people out of public buildings; and a post-9/11amendment to protect waterworks and other public utilities was adopted withpotential terrorist attacks in mind.
No exemption allows a board of supervisors or any other public body to conduct discussions out of public view just because they want to speak candidly. Infact, the more frank the discussion — the more it deals with matters of safety, spending, deployment of public personnel and implementation of publicprograms — the more vital the need for the conversation to take place in the light of day.
DOCUMENT: District Attorney Brown Act response
Jennifer Lentz Snyder, assistant head deputy district attorney, said as much in her Jan. 24 letter to the board. Snyder investigated the circumstances of themeeting and listened to a recording of the closed-door discussion. But she also wrote that "further court process" was unwarranted — that in essence theboard should get off with a scolding — because a second closed-door meeting on realignment was unlikely.
The Times is compelled to disagree. The investigation appears to have been limited in scope to the particular complaint filed with the district attorney's officeby a Times editorial writer who sought and was denied access to the meeting. But the meeting was apparently part of a series; the board had met in closedsession with the governor on the same topic several days earlier by conference call, this time using the "threat of litigation" exception to open meeting laws.
Public bodies can in fact meet privately to discuss litigation strategy, but the board may not bootstrap itself into a closed session by threatening to sue or bypretending it is about to be sued — although that bootstrapping gambit has become something of a board specialty.
Several days after the in-person meeting with the governor, the board planned to hear from experts on whether to form a commission to study violence in LosAngeles County jails — and that discussion too was moved into closed session, ostensibly because it was related to a different agenda item to discuss an actuallawsuit over jail violence. Then, in open session, the board went through what appeared to be a charade — but how can we know? — of having the samediscussion with the same people about whether to form a commission.
We cannot escape the conclusion that much of the discussion of two of the most important items of county business over the last year — management of thejails and public safety realignment — was improperly held behind closed doors in purported accordance with inapplicable exemptions from open meetinglaws.
In one of the brief, after-the-fact sessions at which the board is forced to allow members of the public to comment, one person complained about so muchpublic business occurring behind closed doors, and in so doing demonstrated a link between the closed-meeting abuses and another problem that hasattracted attention in recent weeks.
When he became board chairman in December, Supervisor Zev Yaroslavsky proposed to curtail the amount of time members of the public have to address theboard. He called for up to three minutes for each speaker on all agenda items, plus another two minutes at the end of each meeting, instead of the currentpractice: two minutes on each agenda item, plus an additional three at the end.
The amount of meeting time the new restrictions would save is inconsequential next to the unnecessary act of silencing speakers who, granted, sometimesirritate with pointless ramblings but sometimes enlighten with observations about a contract or a policy — and sometimes defend the rights of all members ofthe public with admonitions that the supervisors too often ignore. Whether or not the proposed stricter public speaking limits would comport with Brown Act
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requirements, they are a bad idea, given the board's propensity to limit public access to public business. Intentionally or not, it appears as part of a continuumof contempt that the supervisors show the public.
The board should take its lumps and permit speakers to continue to address it on all agenda items. And now that the district attorney's Public IntegrityDivision has debunked the assertion that the Sept. 26 discussion covered threats to public facilities, it's time for the rest of us to hear what happened at theimproperly closed session. The board should release the recording, and recommit itself to keeping public proceedings public.