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Each chief administrative officer who is the head of the department shall:
(a) have full charge and control of all work of the department;
(b) be responsible for the proper administration of its affairs;
(c) appoint, discharge, suspend or transfer all employees of the department, subject to the civil service provisions of the Charter;
(d) issue instructions to employees in the line of their duties, all subject to the civil service provisions of the Charter;
(e) as authorized by ordinance, assign employees of the department as are required for the carrying out of the powers and duties of the board of commissioners, if any;
(f) provide technical assistance and information as requested in writing by the board of commissioners of the department, if any;
(g) prior to the beginning of each fiscal year submit an annual budget covering the anticipated revenues and expenditures of the department, including, pursuant to the instructions of the board of commissioners, if any, the money required for the proper conduct of the board’s affairs;
(h) expend the funds of the department in accordance with the provisions of the budget appropriations or of appropriations made after adoption of the budget, including those appropriated for the board of commissioners, if any;
(i) file with the board and the Mayor a written report on the work of the department on a regular basis and as requested by the Mayor or board; and
(j) exercise any further powers as may be conferred upon him or her.
In addition to the other powers and duties imposed upon them by the Charter, the board of each department having control over its own special funds shall:
(a) provide suitable quarters, equipment and supplies for the department, create the necessary positions in the department, authorize the necessary deputies, assistants and employees and fix their duties, and may require bonds of any or all the department’s employees for the faithful performance of their duties; and
(b) prior to the beginning of each fiscal year, adopt an annual departmental budget and make an annual department budget appropriation, covering the anticipated revenues and expenditures of the department. The departmental budget shall conform as far as practicable, to the forms and times provided in Article III for the general City budget. Each departmental budget shall contain a sum to be known as the Unappropriated Balance, which sum shall be available for appropriation by the board later in the ensuing fiscal year to meet contingencies as they may arise. A copy of the budget when adopted, and of every resolution subsequently adopted making appropriation from the Unappropriated Balance shall promptly be filed with the Mayor and Controller. No expenditure shall be made or financial obligations incurred by the department except as authorized by the annual departmental budget appropriation, or appropriations made after the adoption of the annual budget, or as otherwise provided in the Charter.
Wherever the Charter provides for the discharge of specific duties by a specific appointee other than the Chief of Police, the appointing power may designate an employee in the same department to act in case of the appointee’s temporary absence or other inability to act, or upon the written request of such appointee.
(a) Charter Created Powers and Duties. The Mayor may propose the transfer of any of the powers, duties and functions of the departments, offices and boards of the City set forth in the Charter to another department, office or board created by the Charter or by ordinance. The transfer shall be effective if approved by ordinance adopted by a two-thirds vote of the Council, or if the Council fails to disapprove the matter within 45 days after submittal by the Mayor of all documents necessary to accomplish the transfer, including the proposed ordinance transferring powers, duties or functions, and any related ordinances or resolutions concerning personnel or funds affected by the transfer. The Council on its own initiative may, by ordinance, adopted by a two-thirds vote of the Council, subject to the veto of the Mayor or by a three-fourths vote of the Council over the veto of the Mayor, make any such transfer.
(b) Exceptions. The power of the Mayor and Council to act as provided in this section shall not extend to:
(1) Elected Offices;
(2) Proprietary Departments;
(3) Los Angeles City Employees’ Retirement System;
(4) Department of Fire and Police Pensions;
(5) City Ethics Commission;
(7) The Police Department and the Fire Department, if the transfer or consolidation would significantly alter or affect the primary purpose or character of the departments.
(8) Independent Redistricting Commission.
(c) Ordinance Created Powers and Duties. Powers, duties and functions established by ordinance may be transferred or eliminated by an ordinance proposed by the Mayor or Council. If the Mayor proposes a transfer or elimination, the action shall be effective if approved by ordinance adopted by a majority vote of the Council, or if the Council fails to disapprove the matter within 45 days after submittal by the Mayor of all documents necessary to accomplish the transfer or elimination, including the proposed ordinance transferring powers, duties or functions, and any related ordinances or resolutions concerning personnel or funds affected by the transfer or elimination.
SECTION HISTORY
Amended by: Subsec. (b)(8) added, Charter Amendment DD, approved November 5, 2024, effective January 8, 2025.
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