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Don’t be Fooled: DWP Reform Ballot Measure Simply Transfers Oversight to the Bureaucracy

LOS ANGELES

NO ON MEASURE RRR--The Water and Power Associates opposes Measure RRR on the November 8 ballot. 

Here’s why: If passed, it will amend the City Charter to seriously change the governance of the Los Angeles Department of Water and Power. 

We concur that reducing political interference in LADWP’s business activities would be a positive step. However, the proposed Charter changes do no such thing. Instead, these amendments would transfer the City Council’s oversight over water and power rates to LADWP’s bureaucracy. This would quash the appropriate governmental oversight of the policies and performance of this vital asset of the City of Los Angeles, while conveniently deflecting voter outrage for increased rates. We also believe that the proposed amendments would encourage, not deter political interference. 

On July 1, 2000, the last major revisions to the City Charter dealing with the LADWP were implemented. They culminated from the activities of two separate commissions, one appointed and the other elected, working over a period of two years with extensive and open public input. In the previous Charter Amendment process, the public knew exactly what they were voting for. 

By contrast, these measures were prepared in the proverbial smoke-filled room, with little public involvement, and they allow changes to the Civil Service Procedures through future Memorandums of Understanding (MOUs) between the labor unions and the LADWP, which the public is not privy to, subject to generic and non-specific requirements. 

The LADWP currently operates under a number of constraints that were approved through the same proposed MOU process, which the public would probably not have approved of, such as: required union approval of all contracts affecting union membership; a requirement that all employees affected by contracting out be offered a minimum of 10% overtime; and the Letter of Agreement granting generous Longevity Pay Bonuses originally intended to go only to linemen – a group traditionally difficult to attract and retain – which were extended to 86 different easy-to-retain civil service classes such as painters, roofers and plumbers. 

Allowing an open-ended MOU process, which the public is not invited to, to determine how the LADWP is run is not the appropriate process for making such major changes as substantially modifying the Civil Service System. 

The Associates agree that LADWP needs to be able to streamline but work within the Civil Service System; improve flexibility in hiring and promoting qualified candidates; and be able to fill positions in a timely manner. The proposed amendment, as written, could change many Department jobs from Civil Service status to “At Will” status and open the door to political appointments rather than merit-based appointments. The proposal also allows the Council to delegate the salary setting authority to the LADWP Board. 

In the 1930s, Los Angeles recalled Mayor Frank Shaw and convicted his brother and Aide Joe Shaw, for selling civil service jobs and promotions in order to fatten the campaign coffers of Mayor Shaw. While we are not accusing anyone of planning such activities, Measure RRR makes them possible. Allowing open-ended changes to this system, which has safeguarded the City from corruption for nearly a century, with neither thorough analysis nor full public participation is not the way to accomplish this. It benefits neither the LADWP nor other City Departments to curtail the interdepartmental transfers that would occur with the removal of the Civil Service System from the LADWP, as allowed in this Charter change. 

As stated in the Ralph M Brown Act, 1953 -- “The people of this State do not yield their sovereignty to the agencies which serve them. The people, in delegating authority, do not give their public servants the right to decide what is good for the people to know and what is not good for them to know. The people insist on remaining informed so that they may retain control over the instruments they have created.” 

The Department needs reforms, but they should not be left in the hands of the unions and politicians.   The Associates recommend that Measure RRR be rejected at the ballot box.

 

(Edward A. Schlotman is President of Water and Power Associates, Inc. Water and Power Associates, a non-profit corporation, was established in 1971 to inform and educate its members, public officials and the general public on critical water and energy issues affecting the citizens of Los Angeles, of Southern California and of the State of California. It also promotes preservation of the history of how the development of water and energy has affected the development of Los Angeles and California.) Prepped for CityWatch by Linda Abrams.