Los Angeles County

Measure J Charter Amendment - Majority Approval Required

Measure J is a proposed charter amendment placed on the ballot by the Los Angeles County Board of Supervisors ("Board"). If approved by the voters, the measure would implement an ordinance amending Section 11 of Article III of the Charter of the County of Los Angeles ("County").

The measure would set aside at least ten percent (10%) of the County's locally generated unrestricted revenues in the general fund, as determined annually in the budget process or as set forth in the County's Code or regulations, to be annually allocated towards the following primary purposes:

- Direct Community Investment, including: community-based youth development programs; job training and jobs to low-income residents; access to capital for small minority-owned businesses; rent assistance, housing vouchers and supportive services to those at-risk of losing their housing or without stable housing; capital funding for transitional housing, affordable housing, supportive housing and restorative care villages; and,

- Alternatives to Incarceration, including: community-based restorative justice programs; pre-trial non-custody services and treatment; community-based health services, such as counseling, wellness and prevention programs, mental health and substance use disorder services; and non-custodial diversion and reentry programs.

The set-aside revenues cannot replace monies otherwise allocated for the foregoing categories as set forth in theCounty's Code or regulations.

The measure would prohibit the set-aside revenues from being used for any carceral system or law enforcement agencies, including the County's Sheriff's Department, District Attorney, Probation Department, or the Los Angeles County Superior Courts, and would prevent redistribution of funds through those entities. This prohibition would not extend to court facilities and expenditures required pursuant to State law, including the Trial Court Facilities Act of 2002, the Lockyer-Isenberg Trial Court Funding Act of 1997, other mandatory fines and fees, or any other County commitments required by law.

The measure would enable set-aside revenues to phase in over a three-year period beginning on July 1, 2021, to the full set-aside amount by June 30, 2024. The measure requires the Board to establish an inclusive and transparent process for the allocation of the set-aside funds.

While the measure, if approved by the voters, may be repealed only by a subsequent vote of the electorate on an amendment to the Los Angeles County Charter, the Board may, by a four-fifths vote, reduce the set-aside in the event of a declared fiscal emergency that threatens the County's ability to fund mandated programs.

The measure requires a majority vote for passage.

ORDINANCE NO. 2020-0040

An ordinance calling a special election to be held on November 3, 2020, throughout the County of Los Angeles for the purpose of voting upon an amendment to the Los Angeles County Charter and directing the consolidation of the election with the statewide general election to be held on the same day.

The Board of Supervisors of the County of Los Angeles ordains as follows:

SECTION 1. Call of Election and Purpose. A special election is hereby called, proclaimed and ordered to be held on November 3, 2020, for the purpose of voting upon a proposed amendment to the Charter of the County of Los Angeles.

SECTION 2. Resolution Establishing Form of Proposition. The exact form of the Proposition as it is to appear on the ballot and the complete text of the proposed amendment is as follows:

PROPOSITION J

This Proposition shall become effective only if it is submitted to the voters at the election held on November 3, 2020 and is approved. The Charter amendment shall become operative on July 1, 2021.

First: Section 11 of Article III of the Charter of the County of Los Angeles is amended to read:

Section 11. It shall be the duty of the Board of Supervisors:

(1) To appoint all County officers other than elective officers, and all officers, assistants, deputies, clerks, attaches [14] and employees whose appointment is not provided for by this Charter. [15]

...

(8) To allocate, in compliance with all laws and regulations, the County's locally generated unrestricted revenues in the general fund as follows:

A. Set aside a baseline minimum threshold of at least ten percent (10%) of the County's locally generated unrestricted revenues in the general fund (Net County Cost), as determined annually in the budget process or as otherwise set forth in the County Code or regulations, to be allocated on an annual basis, after input from, among others, the public and County departments at a public hearing, for the following primary purposes:

i. Direct Community Investment.

1. Community-based youth development programs.

2. Job training and jobs to low-income residents focusing on jobs that support the implementation of the "Alternatives to Incarceration" workgroup recommendations as presented to the County Board of Supervisors on March 10, 2020, especially construction jobs for the expansion of affordable and supportive housing, restorative care villages, and a decentralized system of care.

3. Access to capital for small minority-owned businesses, with a focus on Black-owned businesses.

4. Rent assistance, housing vouchers and accompanying supportive services to those at-risk of losing their housing, or without stable housing.

5. Capital funding for transitional housing, affordable housing, supportive housing, and restorative care villages with priority for shovel-ready projects.

ii. Alternatives to Incarceration.

1. Community-based restorative justice programs.

2. Pre-trial non-custody services and treatment.

3. Community-based health services, health promotion, counseling, wellness and prevention programs, and mental health and substance use disorder services.

4. Non-custodial diversion and reentry programs, including housing and services.

B. The set aside shall not be used for any carceral system or law enforcement agencies, including the Los Angeles County Sheriff's Department, Los Angeles County District Attorney's Office, Los Angeles County Superior Courts, or Los Angeles County Probation Department, including any redistribution of funds through those entities. This restriction does not extend to State law requiring the County to fund court facilities and expenditures, including, but not limited to, the Trial Court Facilities Act of 2002 (2002 Senate Bill No. 1732) and Lockyer-Isenberg Trial Court Funding Act of 1997 (1997 Assembly Bill No. 233), other mandatory fines and fees, or any other County commitments to the extent required by law.

C. The unrestricted revenues that are set aside shall phase in over a three-year period, beginning July 1, 2021, and incrementally grow to the full set-aside by June 30, 2024, pursuant to the procedures codified in the County Budget Act in the Government Code.

D. The set aside cannot supplant monies otherwise allocated for the same categories listed in Subsection (8)(A), as defined and set forth in the County Code or regulations.

E. The Board of Supervisors shall establish an inclusive and transparent process on the allocation of funds set aside by this Subsection (8).

F. Notwithstanding this Subsection (8), the Board of Supervisors may, by a four-fifths vote, reduce the set-aside in the event of a fiscal emergency, as declared by the Board of Supervisors, that threatens the County's ability to fund mandated programs.

Second: In the event that the amendment to the Charter of Los Angeles County contained in this Proposition is rendered inoperative because of the actions of any court, legislative or other body, or for any other reason, the provisions of the County Charter in effect on November 3, 2020, shall remain in full force and effect.

Third: If any section, subsection, subdivision, paragraph, sentence, clause, phrase, or word of this Proposition is for any reason held to be invalid or unenforceable, such invalidity or unenforceability shall not affect the validity or enforceability of the remaining sections, subsections, subdivisions, paragraphs, sentences, clauses, phrases, or words of this amendment to Section 11 of Article III of the Charter. The voters of the County of Los Angeles declare that they would have independently adopted each section, subsection, subdivision, paragraph, sentence, clause, phrase, or word of this Proposition irrespective of the fact that any one or more other sections, subsections, subdivisions, paragraphs, sentences, clauses, phrases, or words of this amendment to Section 11 of Article III is declared invalid or unenforceable.

SECTION 3. Consolidation. The special election shall be consolidated with the statewide general election to be held on Tuesday, November 3, 2020. The Proposition shall be placed upon the same ballot as that provided for the general election. The precincts, polling places, or vote centers, and precinct board members shall be the same as provided for the statewide general election.

SECTION 4. Proclamation. Pursuant to section 12001 of the Elections Code, the Board of Supervisors of the County of Los Angeles hereby PROCLAIMS that a special countywide election shall be held on Tuesday, November 3, 2020, to vote upon the Charter Amendment described in Section 2 of this Ordinance.

SECTION 5. Effective Date. Pursuant to Section 9141 of the Elections Code and Section 25123 of the Government Code, this Ordinance shall take effect upon the adoption thereof.

SECTION 6. Authority. This Ordinance is adopted pursuant to sections 23720, 23730, and 23731 of the Government Code, and sections 9141,10402, 10403, and 12001 of the Elections Code.

SECTION 7. Publication. This Ordinance shall be published once before the expiration of 15 days after its passage in a daily newspaper of general circulation, printed, published and circulated in the County of Los Angeles pursuant to Government Code section 25124.

The Executive Officer-Clerk of the Board of Supervisors is ordered to file a copy of this Ordinance with the Registrar-Recorder at least 88 days prior to the day of the election.