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HomeMy WebLinkAboutCreation of Ethics HotlineCITY OF PALM DESERT HUMAN RESOURCES DEPARTMENT STAFF REPORT REQUEST: Approve the creation of an "Ethics Hotline" for the City of Palm Desert. SUBMITTED BY: Lori Carney, Human Resources Manager DATE: May 12, 2016 CONTENTS: Staff Report Recommendation: By Minute Motion: Approve the creation of an "Ethics Hotline" for the City of Palm Desert. Strategic Plan Objective: This item does not relate directly to the Strategic Plan. Executive Summarv: In order to ensure that the City maintains and improves the quality and integrity of its operations staff recommends the development of an "Ethics Hotline" which would allow employees to make confidential anonymous complaints regarding wrongdoing, fraud, harassment, discrimination or other violations of law, policy or ethical standards. Providing employees with multiple avenues for reporting concerns and complaints is a best practice, and several Cities have developed hotlines for doing so. Attached are examples from the City of Los Angeles, City of San Jose and City of West Hollywood. A confidential hotline allows employees to report concerns freely without fear of repercussions. Backciround: It is the purpose of this program to assure that employees have multiple avenues by which to report concerns, problems or suspected ethics violations. It is not the purpose of this program to interfere with normal interactions or to supplant internal procedures which already exist. Employees are encouraged to use administrative remedies to address a complaint. Employees should continue to raise matters of concern with supervisors and managers as appropriate, however, in some situations they may be reluctant to do so and this program provides another avenue for reporting. Staff Report Ethics Hotline Report May 12, 2016 Page 2 of 2 The program will be set up with a third party provider, who will receive complaints and forward them to the appropriate party. In cases where the complaint involves the City Manager they will be routed to the City Council for review. The goal of providing multiple reporting methods is that problems identified by such disclosures are investigated and acted upon appropriately, and to provide protection to City employees who take responsible action in response to illegal and/or improper administrative, managerial or governmental activities. It is of equal importance to protect the rights of the accused and to ensure that they receive fair and due process. Development of multiple reporting methods is consistent with the highest ethical standards of government and is intended to encourage the identification and resolution of problems as early as possible, thus helping to ensure and enhance the integrity of the City, the workplace and its employees. Fiscal Analvsis: Cost is dependent on the volume of reports, based on information provided by other Cities staff anticipates the cost to be less than $1,500 annually. Submitted by: Lori Carney, uman Resources Manager JAo"oore, Director of Finance Approval: ///A f st McCarthy, Interi anager 5/4/2016 San Jose, CA- Official Website - Whistleblower Hotline Home > Government > Departments & Offices > Departments & Offices A-C > Office of the City Manager > Offices > Employee Relations > Whistleblower Hotline Whistleblower Resources FAQs Whistleblower Hotline Form Purpose The City of San Josh takes pride in our employees and the high -quality services we provide to the community. In order to ensure that we maintain and improve upon the quality and integrity of our services, the City of San Josh created the Whistleblower Hotline to provide the public and employees with an opportunity to express concerns such as: • Theft of City resources (e.g., cash, equipment, • Misuse or waste of City resources, including supplies, or materials) government funds • Record falsification, including timecards • Improper activities by City officials, employees, and • Misuse of City equipment or property contractors Report a Concern There are various ways to express concerns: • Call the Whistleblower Hotline at (408) 535-8200. Callers may leave a voicemail after hours. • Fax the Whistleblower Hotline at (408) 292-6436. Email the Whistleblower Hotline. • Submit a concern through the Whistleblower Hotline - Online Complaint Form. • Send a letter to: City of San Josh Whistleblower Hotline 200 E. Santa Clara St. 3rd Floor Wing San Josh, CA 95113-1905 Anonymity You may choose to remain anonymous. Caller ID has been disabled for the Whistleblower Hotline. If you choose to submit a concern online or via email and want to remain anonymous, please use a non -City computer with an email address that does not contain your name. h� (;ity 07 Jose guoand strv-'5 tc 2'0 1- Santa Clara St mre'. ^pie cgrnr inity s expeciat,ers nr f,r,)./ dng ex�.el��,rd servi e in a San Jose CA 95113 am !�me:.d niR—nCr and ui the full "iew of thr fj C. 408 Dircctions Select language httpsJtwww.sanjoseca.govftndex.aspx?N ID=566 1/1 5/5F1016 Fraud Hotline- LA City Controller d N RON GALPERIN VI Cos Angeles City Controller • rrxx rs+'� ® 4 ^ (/) Connect with us: f(https://www.facebook.com/ControllerRonGalperin/) V (http://twitter.com/RonGalperin) Email Address Join the Conversation Controller's Hotline Report Fraud, Waste and Abuse of City Resources & Share Your Ideas to Make the City Run Better CALL: 1-866-428-1514 (toll free 24 hrs - 7 days/week) Or file a web -based report (https://www.reportlineweb.comMelcome.aspx? Client=CityofLA) The City of Los Angeles, Office of the Controller, operates a confidential hotline for City employees, contractors, citizens and other interested parties to report fraud, waste and abuse affecting City resources. The City has contracted with an independent company (The Network) whose trained intake specialists will receive all calls and web -based reports. You may remain anonymous. What to Report • Theft of City resources (e.g., cash, equipment, supplies or materials) • Record falsification • Payroll fraud or time abuse • Kickbacks or bribes • Intentional misuse of City equipment or property • Contractor fraud 5/512016 Fraud Hotline - LA City Controller • Gross mismanagement of resources, including careless expenditures • Gross disregard of policy and procedural controls Complaint Evaluation The Controller's Fraud, Waste and Abuse Unit will conduct a thorough analysis of each complaint. In order to protect the confidential reporting process, updates of actions will not be provided. Additional City Contacts: • General City Services, information & complaints 3-1-1 or (213) 473-3231 • Non -Emergency Police Service (877) ASK- LAPD • City Campaign and Ethics Violations (800) 824-4825 • Workers Compensation Fraud (877) 742-5352 Other Non -City Hotlines or agencies to report: • Elder Abuse (800) 992-1660 • California Bar Association (http://www.calbar.ca.gov/) (213) 765-1000 • California Medical Board (http://www.mbc.ca.gov/) (800) 633-2322 • Child Abuse Hotline (800) 540-4000 • Child Support Hotline (323) 890-9800 • Consumer Affairs (213) 974-1452 • Contractor State License Board (http://www.csib.ca.gov/) • Federal Trade Commission (877) IDTHEFT or (877) 438-4338 • Internet Crime Complaint Center (http://www.ic3.gov/default.aspx) • Internal Revenue Service (800) 829-0433 • L.A. County Fraud Hotline (http://Iacountyfraud.org/) (800) 544-6861 • Mail theft/fraud/tampering (626) 405-1200 • Medi-Cal Fraud (800) 822-6222 • Medi-care Fraud (http://www.medicare.gov/forms-help-and-resources/report-fraud-and- abuse/report-fraud/reporting-fraud.html) (800) 223-2164 • Social Security Fraud (800) 269-0271 • Welfare Fraud (800) 349-9970 Do You have ideas to make the City run better? Share them with us here (hftp://www.lacontroller.org/send_us_your—ideas). DATA PANELS ControlPanel LA LA City Financial & Performance Data (https://controllerdata.lacity.org/) UtilityPanel LA DWP Financial & Performance Data (/utilitypanel_la_redirect) 5/5M16 Fraud Hotline - LA City Controiier GeoPanel LA LA City Data Mapped (/geopanel_la) EconomyPanel LA Snapshots of our City's Economy (/economypanel_la) FACEBOOK (https://www.facebook.com/ControllerRonGalperin/) IIIIIIIIIi FAST FACTS: $4.6 Billion Vendor Payments Processed in FY 2014 Contact Us (/contact us) I FAQ (/fags) I Careers (/careers) Built by Veracity Media (http://www.veracitymedia.com) on NationBuilder (http://www.nationbuilder.com) RESOLUTION NO. 97-1811 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST HOLLYWOOD IMPLEMENTING CHANGES TO THE DISCLOSURE OF INFORMATION ("WHISTLEBLOWER") AND REPEALING RESOLUTION NO. 95-1450. THE CITY COUNCIL OF THE CITY OF WEST HOLLYWOOD HEREBY RESOLVES AS FOLLOWS: WHEREAS, the City Council of the City of West Hollywood adopted Resolution. 97-1450 on June 5, 1997, which adopted policies and procedures governing the disclosure of information by employees; WHEREAS, the City Council wishes to implement changes to that policy by changing the title from "Ombudsperson" to "Invest igator/Ombuds"; NOW, THEREFORE, the City Council of the City of West Hollywood does hereby approve, adopt and resolve: SECTION 1. STATEMENT OF PURPOSE This Resolution implements Article 4.5 of the Government Code of the State of California (Section 53296, et seq.) captioned "Disclosure of Information: Local Government", by providing procedures for the disclosure and investigation of information related to alleged illegal arid/or improper actions by City employees or other agents of the City of West Hollywood. Nothing contained in this Resolution shall supersede applicable federal or state laws or City ordinances. It is the purpose of this Resolution to assure that problems identified by such disclosures are investigated and acted upon appropriately, and to provide protection to City employees who take responsible action in response to illegal and/or improper administrative, managerial or governmental activities. It is of equal importance to protect the rights of the accused and to ensure that they receive fair and due process. The policies expressed in this Resolution are consistent with the highest ethical standards of government and they are intended to encourage the identification and resolution of problems as early as possible, thus helping to ensure and enhance the integrity of the City, the workplace and its employees. It is not the purpose of this Resolution to interfere with normal interactions or to supplant internal procedures which already exist. Employees are encouraged to use administrative remedies to address a complaint. Employees without reason to utilize the procedures established by this Resolution may continue to raise matters of concern with supervisors and managers as appropriate. It is not the intent of this Resolution to extend the protections herein to City Council members, members of Boards and Commissions, members of Advisory Bodies, or contract employees (except as specifically provided within this document), as they have other avenues to address alleged illegal and/or improper behavior by employees. Resolution No. 97-1811 Page 2 SECTION 2. DEFINITIONS The terms contained in this Resolution are defined as follows: a. "City's means the City of West Hollywood. b. "City Council" or "Council" means the City Council of the City of West Hollywood. C. "City Manager" means the City Manager or the City Manager's designee. d. "Day" means calendar day unless expressly stated otherwise. e. "Disciplinary Action" means any form of discipline as defined in the City's Administrative Regulation on discipline and any applicable Memoranda of Understanding. "Disclosure of Information" means the reporting to the Investigator/Ombuds of a suspected (1) a violation of law or City ordinance, rule or regulation; (2) gross mismanagement, including but not limited to a significant waste or inappropriate use of City resources; (3) fraud in City operations; (4) abuse of authority; (5) conflict of interest; (6) substantial and specific danger to public operation, health or safety; or reprisal as defined herein. g. "Employee" means any person employed by the City upon or after the date of adoption of this Resolution. For purposes of this Resolution contract employees of the Building and Safety Division are included but volunteers are not. h. "Management Employee" or "Manager" means any employee having significant responsibility for formulating, administering or managing the implementation of City policies and programs including but not limited to Department Directors or Division Managers. i. "Investigator/Ombuds" shall mean an individual who has been designated by the City to receive, investigate and make recommendations concerning disclosures of information and allegations of reprisals. "Reprisal" means any act of intimidation, restraint, coercion, discrimination, or discipline taken against any employee because the employee has disclosed information pursuant to Section 5, or participated in the investigation of a disclosure of information, or who has filed with an appropriate government or law enforcement agency information disclosing an actual or suspected violation of a local, state or federal law, or violation or noncompliance with local, state or federal regulation. k. "Resolution" means, unless expressly stated otherwise, "Disclosure of Information Resolution of the City of West Hollywood". Resolution No. 97-1811 Page 3 "Supervisory Employee" or "Supervisor" means any employee, regardless of job description or title, having authority in the interest of the City to hire, transfer, suspend, lay off, recall, promote, discharge, assign, reward, or discipline other employees, or responsibility to direct them, or to adjust their grievances, or to effectively recommend such action if, in connection with the foregoing, the exercise of such authority is not of a merely routine or clerical nature, but requires the use of independent judgment. m. "Agent of the City" means any person having legal standing to act on behalf of the City, including City Council members, members of Boards and Commissions, members of Advisory Bodies, or contract employees (except as specifically provided within this document). SECTION 3. INTERNAL PROCEDURES Any employee who has direct or indirect knowledge of facts regarding the subject areas of this Resolution may discuss such information with a supervisor or manager. A written summary of discussions between an employee and supervisor or manager on issues covered in this Section will be prepared and signed by the supervisor or manager. Any supervisor or manager who receives information as described in Section 5a below shall investigate the matter and, if warranted, take disciplinary measures in keeping with City policy and procedures and applicable Memoranda of Understanding. The supervisor or manager shall keep the identity of the reporting employee confidential except to the extent that the reporting employee agrees the information may be discussed with others. The supervisor or manager shall ensure that no act of reprisal occurs against the reporting employee. SECTION 4. SELECTION OF THE INVESTIGATOR/OMBUDS a. The City shall contract for the services of an Investigator/Ombuds using the procedures set forth in this section. b. The City Council shall appoint an Investigator/Ombuds Search Committee ("Committee") consisting of one representative from each employee bargaining unit and the City Manager. C. The Committee shall announce the search for a highly -qualified person who has experience in matters of government ethics, information disclosure, employment relations or related fields, and who would be readily available to employees while under contract with the City. d. The Committee shall invite persons of known high qualifications to submit proposals to the City to serve as the Investigator/Ombuds. The Committee shall also publicly advertise for applicants for the position of Investigator/Ombuds. e. The Committee shall screen all candidates based on qualifications and experience, and interview in person those candidates the Committee deems most suitable for the position. Resolution No. 97-1911 Page 4 The Committee shall recommend the best candidates to the City Council for consideration for selection. g. The City Council, or a subcommittee thereof, shall interview the recommended candidates. h. The City Council shall select the Investigator/Ombuds and award the contract by a majority vote. SECTION 5. INVESTIGATOR/OMBUDS PROCEDURES a. The Investigator/Ombuds shall establish a telephone line for the purpose of receiving disclosures of information from employees regarding: (1) a violation of law or City ordinance, rule or regulation; (2) gross mismanagement, including but not limited to a significant waste or inappropriate use of City resources; (3) fraud in City operations; (4) abuse of authority; (5) conflict of interest; (6) substantial and specific danger to public operation, health or safety; or reprisal as defined herein. The City shall widely publicize this telephone number among employees. The Investigator/Ombuds shall also be readily available to receive such disclosure in person in a place and time which will ensure the confidentiality of the employee making the complaint. Anonymous complaints will not be investigated by the Investigator/Ombuds. However, nothing in this Resolution shall preclude the City Manager (or, in the case of a complaint against the City Manager, the City Council) from investigating anonymous complaints. b. A disclosure of information shall be made as provided above within ninety (90) days of the date of the act or event which is the subject of the disclosure, or the date when the employee actually becomes aware of the act or event which is the subject of the disclosure. The (90) day time limit shall be extended by the amount of time actually utilized by the employee in pursuing available administrative remedies. During the first 60 days following the date of implementation of this Resolution, a disclosure of information may be made regarding an act or event which occurred within one (1) year prior to adoption of this Resolution. The disclosure of information may be a written or oral statement, document, other material, and/or affidavit containing the details of the allegation. It shall be recorded in written form by the Investigator/Ombuds. The Investigator/Ombuds must verify that the person making the disclosure is an employee of the City with standing to do so under this Resolution. The Investigator/Ombuds shall review the complaint with the reporting employee, assess the nature of the issue presented, and provide a copy of the Resolution and explain the process to the complainant. The Investigator/Ombuds shall determine whether or not the disclosure presents an issue which may be addressed pursuant to this Resolution. If it does not, the Invest igator/Ombuds should advise, recommend, and refer the employee to other processes, avenues, or agencies which might be able to respond to the issue, and should explain and discuss steps necessary to initiate such actions. Resolution No. 97-1811 Page 5 d. The Investigator/Ombuds shall review the written report of the complaint with the reporting employee to ascertain if the report as written is a complete and accurate description of the issues and allegations presented by the employee. The Investigator/Ombuds shall note on the official and final copy of the written report the date and time on which the employee acknowledged the accuracy of its contents. The reporting employee shall be provided with a copy of the final, written report as annotated. The Investigator/Ombuds and others involved in the investigation shall make every effort to preserve and protect the confidentiality of the identity of the complainant, witnesses, and the subject of the complaint, as well as the subject matter of the complaint. However, if, in the professional judgment of the Investigator/Ombuds, the investigation cannot be brought to a successful conclusion without revealing some element of confidential information, the Investigator/Ombuds may selectively reveal confidential information but ONLY to those persons having an absolute and essential need to know. In revealing confidential information, the Investigator/Ombuds shall limit the disclosure to that which is critical to the furtherance of the investigation. Persons to whom information is revealed in the course of the investigation shall retain its confidentiality or face possible disciplinary action. If it becomes necessary to reveal the identity of a complainant, witness, or the subject of the investigation, the Invest igator/Ombuds will first notify the person whose identity is to be revealed. f. The Invest igator/Ombuds shall fully investigate disclosures of information made pursuant to this Resolution, and shall endeavor to complete such investigations within sixty (60) days. Persons who are subjects of disclosures of information under this Resolution, or of any investigation developing from any such disclosure, shall be provided an opportunity to be interviewed by the Investigator/Ombuds prior to the Investigator/Ombuds' determination of findings and recommendations. If, by a preponderance of the evidence, the Investigator/Ombuds concludes that an event of the kind specified in Section 5(a) above has occurred, the Invest i gator/Ombuds shall prepare a finding to that effect, together with recommendations, including steps to guarantee that such events will not recur. These findings and recommendations, together with a presentation of any pertinent factors, shall be presented to the City Council in closed session. The Investigator/Ombuds's findings shall not include a recommendation regarding disciplinary action. The completed investigation will result in one of the following findings: SUSTAINED: The allegation is supported by a preponderance of evidence. 2. INSUFFICIENT EVIDENCE: The allegation cannot be supported by a preponderance of evidence. 3. EXONERATED: The alleged act did occur, but the act was justified, lawful, and proper. 4. UNFOUNDED: The allegation is determined to be false or the act did not occur. Resolution No. 97-1811 Page 6 g. Persons who are subjects of findings and recommendations under this Resolution shall be notified of these findings and recommendations, and shall be provided with a copy of the Investigator/Ombuds's report at least 4 (four) calendar days prior to City Council's deliberations on the report, taking care to maintain confidentiality as otherwise discussed in this resolution. h. The Investigator/Ombuds shall recommend to the City Council appointment of a special counsel in unusually serious or complex cases. In such cases, the time period within which a final report is expected shall be extended for a period which is reasonable based upon the nature of the investigation. If, in the course of an investigation, the Investigator/Ombuds concludes that there is reason to believe that the alleged employee misconduct includes a possible criminal law violation, the Investigator/Ombuds will immediately suspend the investigation, report the matter to the City Council, and notify the appropriate law enforcement agency. The investigation shall be immediately re -initiated should the law enforcement agency define to pursue it. SECTION 6. CITY COUNCIL ACTIONS a. The City Council shall meet in closed session with the Investigator/Ombuds, the City Manager and the City Attorney to receive and review the Investigator/Ombuds' s final investigative reports on disclosures of information. b. Persons who are subjects of disclosures of information under this Resolution, or of any investigation developing from any such disclosure, shall be provided an opportunity to appear before the City Council in closed session prior to the Council taking action on the Investigator/Ombuds's report. The employee shall be given 24 hours advance notice of the session, and may request that the matter be heard in open session.After City Council review of the Investigator/Ombuds's report, the City Council will refer the report, with their comments, if any, to the City Manager for appropriate action in accordance with established City Administrative Regulations and/or Memoranda of Understanding within fifteen (15) working days of receipt of the Council directive.The City Council shall act on the Investigator/Ombuds's recommendations within forty five (45) calendar days. Recommended action relating to reprisal actions shall be acted on within thirty (30) calendar days in all cases. SECTION 7. REPRISALS a. No employee shall take an act of reprisal by any act of intimidation, restraint, coercion, discrimination or discipline against an employee because that employee in good faith discloses alleged misconduct, participates in the investigation of alleged misconduct, or files with an appropriate government or law enforcement agency information disclosing an actual or suspected violation of a local, state or federal law, or violation or noncompliance with local, state or federal regulation. Resolution No. 97-1811 Pa<_e 7 b. This Resolution shall not prevent the City and its managers or supervisors from taking, recommending or approving any personnel action if the action is based on a disciplinary investigation or action that occurred prior and unrelated to the employee's disclosure of information. Nor shall the City and its managers and supervisors be prevented from doing likewise based upon conduct occurring after and unrelated to the employee's disclosure of information; the burden of proof rests with the City to demonstrate that the same action would have been taken had the employee not disclosed the information. An employee shall be subject to disciplinary action up to and including termination if such employee has disclosed information that the employee knew to be false or if the employee has disclosed information with reckless disregard for the truth or accuracy of the in formation. Records closed to public access or which are otherwise confidential pursuant to law shall be made available to the Investigator/Ombuds if required in the investigation of disclosure of information. This supercedes previous Memoranda of Understanding provisions regarding access to Personnel files. SECTION 8. REMEDIES If; after investigation, the Investigator/Ombuds determines that any employee has suffered damage due to the illegal or improper conduct of another employee, the Investigator/Ombuds may recommend to the City Council any appropriate relief, including, but not limited to reinstatement with full back pay plus interest, benefits and seniority and the elimination of any relevant adverse Personnel records. SECTION 9. VIOLATIONS a. Any employee who the City Council concludes has engaged in wrongful conduct shall be subject to discipline up to and including termination.Any employee who is subject to discipline for wrongful conduct shall have the right to a notice of intent to discipline, including all documents related to the matter. A pre -disciplinary hearing shall be scheduled as soon as possible after delivery of the notice.An employee shall be entitled to present information at the pre -disciplinary hearing and shall be entitled to representation. The pre -disciplinary hearing officer shall have the authority to sustain, modify or rescind the intended disciplinary action. The City Council shall be informed of the decision of the hearing officer.Any employee subject to discipline pursuant to this Resolution may file an appeal with the City Manager within ten (10) working days of receipt of the notice of the hearing officer's determination. Upon receipt of such an appeal, the City shall request a panel of independent arbitrators with public sector experience from the State Mediation and Conciliation Service. Selection of an arbitrator shall be by mutual agreement or by alternate strike with the first strike determined by a flip of a coin. The conduct of the arbitration shall be consistent with rules established by the American Arbitration Association. Resolution No. 97-1811 Page 8 g. The decision of the arbitrator shall be final and binding. The City shall bear the cost of the arbitration. Bach party shall bear its own costs of representation. SECTION 10. MISCELLANEOUS PROVISIONS a. The application of the provisions of this Resolution to any claims, allegations, or requested remedies shall be determinative of those issues with respect to the employee making the disclosure, except as specifically provided by law. Any employee submitting a claim, allegation, or requested remedy pursuant to this Resolution specifically waives the right to submit those issues for determination by any arbitrator or hearing officer as provided in any Memorandum of Understanding. The City or employee may submit in unrelated actions evidence of the investigation, and/or actions and findings made in response to a report under this Resolution. The evidence submitted shall not be binding in any other proceeding. It may be considered and ruled upon as the hearing officer, judge or arbitrator deems appropriate. This Resolution shall be liberally construed and applied to promote the public interest. C. If any provision of this Resolution, or the application of any provision to any persons or circumstance, shall be held invalid by a court of competent jurisdiction, the remainder of this Resolution, or the application of that provision to any person or circumstance other than that to which it was held invalid, shall not be affected. d. This Resolution shall not be interpreted to impede or delay the reporting of criminal activity to appropriate law enforcement agencies or to avoid full cooperation with law enforcement agencies in the investigation of any criminal matter.Copies of this Resolution shall be provided to all City employees promptly after its adoption and to all new hires during the orientation process.In order for the City Council to determine the need to continue or modify City policies and procedures as they relate to investigations initiated pursuant to this Resolution, the Investigator/Ombuds shall, on or about June 30, 1996 and annually thereafter submit a report to the City Council regarding complaints filed, investigations conducted, and actions taken pursuant to this Resolution, including such recommendations for City Council action as the Investigator/Ombuds deems appropriate.The Investigator/Ombuds shall be enjoined from representing any party associated with a whistleblower investigation in any proceeding outside of that established by this Resolution. h. No employee, union, or City representative shall advocate their position to the City Council except during formal proceedings called by the City Council for the purpose of considering matters related to a disclosure of information investigation. All records of an investigation by the Investigator/Ombuds shall be considered Personnel documents and confidential, protected from disclosure except as pursuant to law. Resolution No. 97-1811 Page 9 SECTION 11: RESCISSION OF PREVIOUS LEGISLATION Resolution No. 97-1450 is hereby rescinded. PASSED, APPROVED AND ADOPTED THIS 171h day of November, 1997. STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) CITY OF WEST HOLLYWOOD ) I, VIVIAN M. LOVE, CMC, City Clerk of the City of West Hollywood, do hereby certify that Resolution No. 97-1811, was duly passed, approved and adopted by the City Council of the City of West Hollywood at a regular meeting held the 171h day of November, 1997, by the following vote: AYES: Councilmember - Heilman, Koretz, Prang, Martin, Mayor Guarriello. NOES: Councilmember - None. ABSENT: Councilmember - None.