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Council sends city attorney’s letter to county over LAFCO asset-transfer authority
Summary
After public comment and legal briefing, the council approved a city attorney letter asking the county counsel to consider whether LAFCO has authority to transfer city assets without the city's consent or compensation.
The Los Angeles City Council on Nov. 13 approved sending a legal letter from the city attorney to the Los Angeles County counsel asking whether LAFCO (the Local Agency Formation Commission) or a related reorganization process can transfer city assets without compensation or the city’s consent.
Jim McQuiston (East Hollywood Community Association) spoke in support of the city attorney’s analysis, saying the secessionists’ interpretation would leave the city with no assets. City staff and counsel summarized a legal review of the statutes under which LAFCO operates, including the Casey Knox Local Government Reorganization Act of 1985, and highlighted constitutional and historical limits on taking municipal assets without compensation.
City speakers said the letter argues there are substantial legal questions about asset transfer authority and urged the county counsel to review the matter. Councilmember Bernstein and others supported forwarding the letter to the county; the council adopted the action on a roll call recorded in the transcript as "13 ayes." Members said the question is likely to be decided by courts if unresolved.
Why it matters: The question affects potential reorganizations or secessions involving city territory and whether local assets could be moved or assigned without the city’s approval or compensation. Council members noted the political sensitivity and possible eventual litigation.
Action: The council approved sending the city attorney’s letter to the county counsel for consideration and asked staff to continue monitoring LAFCO proceedings.
