SR Holguin, PC is a union-side labor and employment law firm with nearly four decades of experience representing private sector unions, public sector unions, and multi-employer trust funds. SR Holguin, PC is committed to providing full-service legal representation to each of our clients.
One way in which SR Holguin, PC ensures our clients and their members stay informed is by keeping you updated on recent developments relating to workers’ rights. Today’s updates come following the release of the December 1, 2020 Los Angeles City Council Meeting agenda. There is one item in particular that could impact you.
Workers Who Could be Impacted: City of LA Employees and Applicants Impacted by the 2020-2021 Hiring Freeze
On October 14, 2020, a Motion was introduced by Councilmember Paul Koretz (5th District) and seconded by Councilmember John Lee (12th District). The Motion provided in part, “[t]he 2020-21 Budget included the continuation of a Citywide Hiring Freeze preventing City departments from hiring new employees for the duration of the 2020-21 Fiscal Year. On July 1,2020, Council approved various actions to amend the 2020-21 Budget, including recommendations regarding a hiring unfreeze process. The process to unfreeze specific positions was established to ensure a modest amount of flexibility so that critical positions, especially those that had no additional General Fund impact could be considered to be exempt from the hiring freeze. At this time, to further streamline the unfreeze process timeline for approval, additional recommendations on the process should be implemented whereby only positions recommended for disapproval would be forwarded to Council for further consideration.” The Motion then called for ten amendments to the hiring unfreeze process. The Motion was referred to the City Council’s Personnel and Animal Welfare Committee.
On October 21, 2020, the Personnel and Animal Welfare Committee considered the Motion. The Personnel and Animal Welfare Committee’s Transmittal Letter provided “[a]fter consideration, and having provided an opportunity for public comment…This file is now transmitted to the Budget and Finance Committee.”
On October 26, 2020 the City Council’s Budget and Finance Committee considered the Motion. The Budget and Finance Committee’s Report provided “the Budget and Finance Committee also considered this matter and after having provided an opportunity for public comment…This matter is now submitted to Council for its consideration.”
Now, agenda item 25 of the December 1, 2020 Los Angeles City Council Meeting calls for the Council to “1. [instruct] the City Administrative Officer (CAO) and Chief Legislative Analyst (CLA) and [request] the Mayor to administer a streamlined hiring freeze exemption approval process as follows:
a. Certain requests will not require exemption from the hiring freeze and will be automatically unfrozen by the CAO who will create a list of automatic exemptions, subject to CLA and the Mayor’s concurrence with such exemptions to include positions required for returns from protective leave and reversion to a previous classification.
b. The first level of review will be completed by the CAO for unfreeze requests with priority approval to given for positions requested to be unfrozen for: public health or public safety, to include Park Ranger positions, revenue generation; legal mandate; or no General Fund impact.
c. Position requests recommended for approval by the CAO/Mayor will be sent to the CLA, the CLA will flag any position requests of concern, and those requests will be sent for review to a panel, consisting of the CAO, CLA and Mayor, that will meet biweekly, or as necessary, to ensure timely response to the unfreeze requests and if no concerns are raised by the CLA within a 14 day period, the positions will be deemed approved; and the CLA will make every effort to respond in less than 14 days, if there are no concerns.
d. Position requests that are not recommended for approval by the CAO or Mayor’s Office will be sent to the panel for consideration.
e. If the panel recommends approval, those position requests will be deemed approved, and no further action will be required by the Mayor or Council.
f. If the panel does not recommend approval, those position requests will be forwarded to the Personnel and Animal Welfare Committee and full Council for review.
g. For all considered position requests the CAO will make every effort to complete its review within a 14 day period; however, more complicated requests may require additional time and information exchange with a department and the Mayor will have 14 days to review and either recommend approval or disapproval; if no action has occurred by the Mayors Office after 14 days, the request will be submitted to the review panel tor consideration.
h. If a position request is approved with modifications and the requesting department concurs with those modifications, these positions will be considered approvals and handled as outlined above Recommendation No. 1c.
i. If the requesting department does not concur with a modification, the position request will be sent to the panel for review pursuant to Recommendation Nos. 2c through 2f.
2. [authorize] the CAO to clarify instructions to departments consistent with this motion.”
We hope these updates are helpful to you.
Fraternally,
SR Holguin, PC