An impatient Chick
So whose fault is this whole mess between Controller Laura Chick and City Atty. Rocky Delgadillo?
Yesterday the City Council pleaded with them both to at least suspend their (potentially costly, and certainly embarrassing) legal battle, and Delgadillo’s chief deputy quickly said his boss was willing.
So isn’t Chick the unreasonable one, because she told the council she wouldn’t back down and would see them all in court? At taxpayer expense, no less?
Actually, no. Sure, Chick could be a lot more collegial about the whole thing, but there’s a point at which being collegial looks an awful lot like being a sucker, and it’s hard to blame her if she believed she was about to be pushed past that point.
Chick claimed that her power to conduct performance audits of city programs included the workers’ compensation function in Delgadillo’s office, and Delgadillo thought she was wrong, for several reasons. For one thing, he said her authority doesn’t extend to programs run by other elected officials. For another, his office said, workers’ comp isn’t even a program. It’s just people. Who just do stuff. So when Chick served a subpoena on those people, Delgadillo -- whose tasks include interpreting the city charter -- went to court to block her. His action was reasonable enough.
But Delgadillo’s self-interest in making that interpretation is obvious, and it’s pretty clear that Chick had to go to either the courts, or the voters, or someone else outside city government to settle the disagreement -- or else permit the power of the controller to be (in her view) diminished. So sue me, she told Delgadillo, and he did.
That leaves the City Council.
The council started off on the right foot, with leaders offering to mediate between the city attorney and controller, and suggesting that perhaps someone else be hired to audit workers’ comp.
The council ultimately proposed going to the ballot in the March 3 city election to let voters decide what kind of power they want the controller to have. So far, so good.
But then the council acted like the council. Which means members waited until the 11th hour to discuss what the measure would say. They’d had three months to finalize wording, but they dragged their collective feet until Nov. 7, their deadline for getting something on the ballot, and then they didn’t pass anything. So that whole ballot solution? Forget it. Remarks from the council floor made it pretty clear there had been very little enthusiasm for putting the question to voters in the first place.
That same day, the council put a solar power measure on the March ballot even though there were still many unanswered questions about it. Don’t worry, members said; we’ll get the answers by election day. So it’s clear they can put something on the ballot if they want to.
If you’re Laura Chick, you must feel like you’ve been had. She had suspended her subpoenas, and the council had bought itself three months, but then stalled and finally failed to deliver. There was no suggestion on that last day that the council would try again. Tough luck, Laura. So Chick reinstated her subpoenas, and Delgadillo reinstated his suit.
A few days later, Councilman Tom LaBonge came back with a motion to try again, this time for the May 19 election. And good for LaBonge for the attempt, but it was too little and too late. It’s not even clear there’s going to be a May election; it’s a kind of place-holder for any necessary runoff if the March election doesn’t produce majority winners in each race. And also, why would Chick expect the council to get its act together for May when it couldn’t, or wouldn’t, do it for March?
Yesterday, the question before the council was whether to allocate Chick $100,000 to hire a lawyer to defend herself against Delgadillo’s suit. But the council didn’t even vote on that. It instead asked Chick and Delgadillo again to suspend their spat pending some new attempt at a council-brokered resolution.
But just as with the March 3 ballot deadline, the clock is ticking, and it’s ticking against Chick. Of the 30 days she has to respond to Delgadillo’s court complaint, she’s got only 10 or so left. And in her own tenure as controller, she has just over six months left. The council filibustered for three months already, so it’s entirely plausible that it would delay until the question is moot.
Insert your Lucy-pulling-away-football cliché here. And get ready to watch, and pay for, the case of the city of Los Angeles vs. City Controller Laura Chick.
* Laura Chick photo: Rick Meyer / Los Angeles Times
* Rocky Delgadillo photo: Carlos Chavez / Los Angeles Times
Thank you Laura Chick. I don't know what we are going to do without you...This City will just continue to deteriorate, I guess. When self-serving politicians win, the people lose.
Posted by: Kathleen | December 22, 2008 at 10:45 AM
Here are the facts...
Over the past 7 ½ years, the Office of the City Attorney has been subjected to 33 fiscal audits by the City Controller. That's right, 33.
The majority of these audits fall under the Controller's Internal Control Certification Program (ICCP) -- a comprehensive audit of various components of our Office's financial operations.
The ICCP provides Departments/Offices that successfully pass the audit with more flexibility and independence in the way they do business.
The ICCP is not a one time deal. The Controller reviews and scores the Departments'/Offices' fiscal operations several times each year in follow-up audits.
If a Department does not pass, fiscal certification is taken away and more restrictive financial controls are put in place.
Prior to 2001, the Office of the City Attorney had failed its ICCP audits and had not achieved fiscal certification.
In 2002, under a new administration, the Office of the City Attorney became certified (passing the ICCP audit) and has maintained such certification since, passing every one of the many ICCP audits conducted in subsequent years.
The Controller's Office has conducted the ICCP reviews/audits more than two dozen times over the last 7.5 years in the City Attorney’s Office alone. All data released by the Controller’s auditing staff is available upon request.
In addition to these ICCP audits, a petty cash audit, Dispute Resolution Program audit and Bank Account audit have been conducted as well, bringing the total number of audits to 33 over the past 7 ½ years. 33 audits.
Nick Velasquez
Director of Communications
Los Angeles City Attorney’s Office
Posted by: Nick Velasquez | December 16, 2008 at 05:30 PM
The real power of the LA City Controller's office lies in the ability to audit and publish the results for the public which should encourage appropriate agencies, Departments, and even legislative bodies to take corrective action if the audit finds that funds were misused or not being managed in an efficient or effective way. That power to audit and expose was expanded in 1999 with Charter Reform in the City of Los Angeles. Controller Laura Chick has maximized the effectiveness of her office and has been responsive to the community especially in light of political pressure to stay away. The City Attorney has abused his power and the leadership of the City Council has set a double-standard by funding legal representation for members of the office of the City Attorney, but not for Controller Chick who has been sued by the City Attorney who has a clear advantage and possible conflict of interest. Whether driven by frustration or determination, Controller Chick has demonstrated courage and strength taking personal financial risk in her pursuit of justice. And this issue has brought out the LA City Council's fear of exposing themselves and other elected officials to investigations and audits by taking sides against the Controller. We should all support the concept of an open and transparent government in which no public official can abuse their power in order to hide any information from the public no matter how embarrassing or damaging that information may be on their own career.
Posted by: Kate Barner | December 13, 2008 at 09:37 AM
I support and trust Laura Chick in her mission to clean up City Hall. She has done an immpeccable job and we the taxpayers, could use a hundred more people like her!
DON"T YOU DARE STOP HER!!!
Go Laura!!
Posted by: David Kemmer | December 12, 2008 at 10:26 PM
May God bless you Ms. Chick. You are just doing your job and all the people who are blocking your way are trying to cover up some wrongdoing. Yes YOU CAN.
Posted by: Amelia A.Dayan | December 12, 2008 at 07:11 PM
To Laura Chick,
Thank you for being on the side of the people. It's nice to know that we have ONE person at City Hall looking out for our "long term" best interest.
Posted by: Penny Blackwell | December 12, 2008 at 05:46 PM
Hooray for Laura! Perhaps Rocky D. should move his office to Illinois where he would be among like minded elected officials. Aaron Epstein
Posted by: Aaron M. Epstein | December 12, 2008 at 05:07 PM
What is Rocky trying to hide? Transparency means that there is nothing to hide, and you do not have to waste taxpayer dollars in your cover-up. Did he take a tip from Bush and assume that he was above the law and/or regulations or policies? Is he unaware that people have already had more than enough of this type of behavior from Washington?
Posted by: Sheila Decora | December 12, 2008 at 12:30 PM
What is the city attorney's office hiding? What about transparent government? Let her do her audit already. I agree that the city and city attorney will continue to drag their feet until her term is over and all is moot. Gruel wants to be the new city controller. Will she pick up where Chick left off? I don't think she's as hard hitting as Chick. Maybe that is what the city wants; someone who looks like they're making sure government is transparent when they're actually not.
Posted by: Mary | December 12, 2008 at 12:19 PM
Laura chick
I have always supported what you do best
and if you need to make edjustments then do so
in a very diplomatic and responsible way.we all
need you to pull our ears only then will we have
a reality check on what the right thing to do is.
your not alone and never will you be,we need
the change all the way around.you have my support
and all the women behind me.do what's right !!!!!!!!!!!!!!!!
God Bless
francis
Posted by: francisca gacria | December 12, 2008 at 12:15 PM
I must respond to Nick Velasquez ‘s unfounded comments on behalf of the City Attorney’s Office and set the record straight..
The Controller’s Office has not performed 20 fiscal audits of the City Attorney in the last eight years, it has conducted only two. They are as follows:
o ICCP Follow-up Audit
o Financial Audit - Report on Dispute Resolution Program
These reports are posted on the Controller’s website with all the over 150 audits released by Controller Chick at www.lacity.org/ctr.
Each and every one of those audits is impeccable and has stood the test of time bringing important improvements, efficiencies and savings to the City of Los Angeles.
It is unfortunate that the City Attorney’s Office feels it necessary to impune Controller Chick’s integrity and character by personal attacks. The public deserves more than this kind of mud-slinging.
The City Controller is the independently elected Taxpayer Watchdog, and though Mr. Delgadillo would like this watchdog muzzled, she will continue her fight for transparency and accountability wherever that may take her.
Rob Wilcox
Director of Communications
City Controller Laura Chick
Posted by: Rob Wilcox | December 12, 2008 at 12:14 PM
Poor Laura Chick. She is obviously suffering from a delusion that Angelenos want honest government. She is a lone voice calling for integrity. The corruption in City Hall with the money from the developers would make Gov. Blagojevich green with envy.
Did the Election Commission take action after Channel 4's expose showing that councilmen like La Bonge took dirty campaign contributions? No
Do the courts take action as the City Attorney is caught concealing evidence from the courts? No.
Does the judicial commission take action after judges are caught conspiring with the D.A. to intimidate witnesses? No
Is the L.A.P.D. operating under a Consent Decree with the US Justice Department due to wide spread malfeasance and corruption? Yes.
The reason L.A. is slipping a social and economic morass is its nearly ubiquitous corruption and incompetence. Angelenos, however, prefer to "see no evil, hear no evil, and speak no evil" as if people like Rocky, La Bonge, Garcetti, Mayor Tony, LAUSD, the developers, etc. will spontaneously reform themselves.
The sorriest part of Laura Chick's One Woman's War on Corruption is that the corruption and incompetence also infects much of the judiciary. Unless Laura Chick can give the judges some big pay off when they leave the bench like making certain they can retire to a lucrative "arbitration - mediation" practice at $650/hr, the likelihood her case will get a fair hearing is quite slim.
In the end, people get the government they deserve and Angelenos are getting it in the end.
Posted by: Ruvain | December 12, 2008 at 10:05 AM
The Controller has conducted more than 20 financial audits of the City Attorney’s Office over the past 8 years, and we have passed each one with flying colors.
The City Charter allows the Controller to conduct financial audits of other elected officials. The Charter does not, however, allow the Controller to conduct performance audits of other elected officials.
The Charter reform commissions correctly saw that performance evaluation of elected officials is the job of the voters. The Charter’s framers also recognized the potential for political mischief-making by empowering one politician to evaluate the performance of another. That's why they chose not to grant the Controller the authority to conduct performance audits of other elected officials or their offices.
With regard to the Controller's erroneous suggestion that the City Attorney's Office is an interested party in this matter and is in some way "conflicted" out of making such a legal interpretation, the fact is, it is the charter-mandated role of the City Attorney's Office to interpret the Charter. Further, it is important to note that the Controller only raised this "conflict" issue after the City Attorney's Office provided a Charter interpretation that the Controller did not like.
The Controller herself had requested that the City Attorney's Office provide her with a legal analysis of this very issue when there arose a question of whether the Controller had the authority under the City Charter to conduct a performance audit of anti-gang programs housed within the office of another elected official, the Mayor. At that time, as in the present case, the City Attorney’s Office determined that, under the City Charter, the Controller did not have the authority to review the performance of another elected official or a program housed within that elected official’s office.
Attorney and civic leader George Keiffer (who headed the appointed Charter reform commission) and Council Member Janice Hahn (who served on the elected Charter reform commission) both agree with the City Attorney’s Office’s legal interpretation of the Charter on this point.
Further, the transcripts, videotapes, and written reports generated during the Charter reform process support the City Attorney’s position on this issue as well.
The City Attorney’s Office welcomes a review of its workers' compensation attorneys by a truly independent entity – not an elected official with a political agenda and a history of playing politics with “official” audit results. Transparency is a given. The issue at hand is the motives of the reviewer and the credibility of the final report.
Nick Velasquez
Director of Communications
Los Angeles City Attorney’s Office
Posted by: Nick Velasquez | December 12, 2008 at 08:18 AM
FBI agents have begun a criminal investigation of Los Angeles City Attorney Rockard 'Rocky' Delgadillo. Delgadillo admitted last year that he had his city-owned SUV repaired at taxpayers' expense after his wife hit a pole in a parking lot. He has also acknowledged that he used city employees to run personal errands for him and to babysit his children. A local consulting business run by his wife, Michelle, a former city council aide, had no business license and paid no state taxes for more than five years.
This is the tip of the iceberg. Delgadillo seems to be LA's version of Illinois Gov. Rod Blagojevich !!!
Posted by: Dragon Slayer | December 11, 2008 at 09:02 PM
Hey I have always supported Ms Chick, she is out there fighting for the people of Los Angeles. Over the years city officials and people in general ultimatley look out for themselves first. And in these times city officials are scared what they see and want to make sure they can hire people that will be indebted to them so they can continue a comfortable lifestyle.
The people, taxpayers, we will just have to deal with whatever they hand down.
I believe Ms Chick just wants to hold the border line unjust city officials accountable for there decisions
Posted by: kevin mulvey | December 11, 2008 at 07:42 PM
GO GET THEM CHICK
SOUNDS LIKE THEY ARE LOOKING TO HIDE SOMETHING..... I'M ON YOUR SIDE
Posted by: ELAINE RUBIN PALM DESERT,CA | December 11, 2008 at 07:18 PM
GOOD JOB LAURA CHICK, AND THANK YOU FOR DOING A GOOD JOB. THE VOTERS SUPPORT YOU, MORE THAN THE CITY COUNCIL.
Posted by: Teresa Marquez | December 11, 2008 at 05:49 PM
What happen to the check and balance in City government? I support the Comptroller audit request, what is Delgadillo so fearful of? if Delgadillo will not allow our Comptroller Chick to audit, than it should go to the state audit and Federal Auditor automatically. The choice is City Comptroller or Federal Auditors, no option to up out.
The people demand check and balance, is the American way, maybe our elected officials have spend to much itime n Mexico were the check and balance is somewhat disfunctional..
Delgadillo, or City Attorney or any other City entity , State, or Federal government should have audits as a normal business practice, and audit should never be haulted by the entity in question. If the City Attorney has nothing to hide, it should welcome the audit. Maybe if we had more audits we would not be paying law suite left and right.
We have to understand, that an Audit is not always about how the money is used, but also the practice and process of the department. An audit also will reduce risk, prevent losses, and improve the process under recommendation from the auditors.
The City Council should not have any business detering any government audit, that is why the economy is in the situation it is, due to lack of Federal and State Auditors. Allowing free range to everyone in power and no one to answer, not even the American Voters.
I fully support the work of the City Comptroller, and thank God for Laura Chick that takes her job seriously, and shows committment to the Tax Payers to insure our funds are spend well. Presently, the Comptroller, Chick,is highly respected and trusted by the voters. The City Council need to look at the support for our City Controller.
Thank you, American Voter supporting check and balances.
Posted by: Teresa Marquez | December 11, 2008 at 05:46 PM
Laura, you have been doing an outstandinig job with the Audits. I am very disappointed in our City Controller, however, if you didn't have anything to hide, why is he sending up an antenna that there is and/or maybe there was something.
Our City Council members again, are placing themselves in a very questionable position.
To me Audit means audit everyone/department. If it is not specified which one(s) are exceptions to the rule,
then you are to perform your duties and audit. If you step aside, then you have been negigent in your duties. Stay strong and focused.
Sincerely,
Katherine G. Stewart (Jefferson Park)
Posted by: Katherine G. Stewart | December 11, 2008 at 05:29 PM
Laura, I was with you at the beginning and am still with you. Sandy Klasky
Posted by: Sandra Klasky | December 11, 2008 at 05:14 PM
No official should "stone-wall". It looks more suspicious than the effort to shield the office. If the charter isn't clear, let's make it so as soon as possible.
Posted by: Erma D. Darling | December 11, 2008 at 04:56 PM
Go Laura!
Posted by: Al W. | December 11, 2008 at 04:40 PM
The City Attorney must be trying to cover up something. I wish Laura Chick all the best!
Posted by: Chickgirl | December 11, 2008 at 04:30 PM
To Laura Chick:
You Go Girl! Accountability and transparency are critical and more so these days than ever before. What are these guys drinking and thinking? No surprise that the Council blew it - they always do.
Posted by: Gwen Lebec | December 11, 2008 at 04:18 PM
I am suspicious of officials who want to avoid scrutiny; they must have something to hide! Good elected officials strive for transparency.
Good luck, Laura Chick!
Posted by: Ronit | December 11, 2008 at 03:58 PM