City Attorney: Mayor Lacks Authority to Order Layoffs
Written by Maeve Reston, LA Now   
Friday, 05 February 2010 09:13
City of LAA day after Los Angeles Mayor Antonio Villaraigosa ordered the elimination of 1,000 jobs to address the city’s budget crisis, Chief Deputy City Atty. Bill Carter wrote a memo stating the mayor does not have authority under the City Charter “on his own to order layoffs.”

In the Friday memo, Carter advised employees in the office of City Atty. Carmen Trutanich that Villaraigosa lacks the power to compel city department heads to lay off employees, an opinion that puts the city's top lawyer at odds with the mayor. Trutanich has strenuously opposed City Administrative Officer Miguel Santana's proposal to eliminate 100 positions in the city attorney's office as part of the plan to cut 1,000 jobs from the city's rolls. City attorney officials say to do so would limit their ability to prosecute criminal cases.

Carter opined in his memo that the mayor’s “urgent directive” Thursday is “not binding on department heads," who the mayor can hire and fire as he sees fit. He also said the office has "no intention" of laying off any staff until the City Council directs them to do so.

(Read full story, here.)

Comments (4)
  • Guest User  - The Wizard
    Yeah, this will muddy up the stew.... kick that can down the road while we wait to get a judicial decision on this matter. Nobody gets laid off. Slide into May and June. Look at the balance in the checkbook and then dust off the FAT LADY to start singing come JULY 1st. I request that the song she sing be that old refrain from MONDAY NIGHT FOOTBALL..... "Turn off the lights, the parties over...."
  • James  - Elected Office v Appointed Dept Heads
    From the Times article: 'Because Trutanich is an elected official, Carter wrote, “the mayor’s limited authority under the Charter does not extend to this office or other elected offices.”' I assume that means that the Controller's office is also independent of the Mayor's directive. Although Trutanich's memo also said that the Mayor's directive is "non-binding" on Department heads, the article also pointed out that the Department heads serve at the discretion of the Mayor (they are exempt from Civil Service protection but can revert back to a lower position) and will probably carry out the order.
  • Walter Moore  - Loyal Opposition
    The Mayor DOES have the authority, in my opinion. Let me take you through the relevant Charter provisions to see if you agree. I've posted an essay the url of which is impossibly long, but you'll find it at my website, http://WalterMooreSays.com. It's called, "Fake Budget Crisis Goes LA Law."
  • Guest User
    The Mayor has authority to only lay-off his own staff. Do you see him do that? He is a charlatan getting prime time he does not deserve for prouncements written by the over half dozen speech writers and press secretarys he has on the public dime.
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Last Updated on Friday, 05 February 2010 12:42