Findings and Statement of Policy.

Los Angeles Administrative Code § 4.405

in effect

Sec. 4.405. Findings and Statement of Policy. Currently, procedures are in place throughout City government for the investigation of complaints of discrimination and sexual harassment brought against City employees. These procedures include, among other things, both informal and formal investigative procedures, depending on the circumstances. With respect to the City’s elected officials, however, a process is in place, but it goes no further than the informal stage. Thus, no procedure now exists within City government for the formal investigation of such complaints against the City’s top elected officials. The public properly should expect that the City will thoroughly and fairly investigate all complaints of discrimination and harassment against the City’s officials, irrespective of the station of the person against whom the complaint is directed. The procedure established by this Ordinance will redress the current imbalance and afford the citizens of the City the assurance that like the employees they direct, if circumstances warrant, the City’s top elected officials will be subjected to a full investigation of the discrimination and harassment complaints against them. The procedure herein created also will serve the City well in dealing with potential or actual litigation arising out of the complaints in question. It is hoped that the very existence of this process will assist in resolving complaints without the necessity of litigation. This is one of the rationales for the long-standing investigative procedure applicable to City employees that is administered by the Civil Service Commission. If litigation should result nonetheless, in having the results of an investigation, the City will be better equipped to assess the merits of the case and otherwise to deal with the demands put upon City government thereby, such as, deciding whether the official in question is entitled to a defense at City expense. Beyond this, the information learned from an investigation may make it possible to rectify problems where they do exist and prevent the injury of others. The procedure bifurcates responsibility between a Special Committee on Investigative Oversight and the City Council. The Committee will perform the important function of gatekeeper at the point where the launching of a formal investigation by an independent investigator is a possibility. While the Committee will not perform the investigation, the decision to begin one is itself significant. Once such a decision is made, the Committee will be charged thereafter with ensuring that the investigation is thorough and complete, but will go no further. All else will be the province of the City Council. Findings, conclusions, and remedial actions, if any, all will emanate from the Council and the Council alone. This allocation of responsibility in the procedure draws upon the structure of Los Angeles City government as set forth in the City Charter. The final authority in these matters will be the Council. Being composed of members elected by district, the Council as a body rightly can speak for the City in these important matters. SECTION HISTORY Article and Section Added by Ord. No. 171,230, Eff. 9-12-96. Amended by: Ord. No. 173,365, Eff. 7-29-00; Ord. No. 173,365, Eff. 7-29-00.

Source: City of Los Angeles, Charter and Codes (American Legal Publishing, codelibrary.amlegal.com)URL: https://codelibrary.amlegal.com/codes/los_angeles/latest/laac/0-0-0-13406Fetched: 10/24/2026