Los Angeles herald., 1907-12-10
IJTHVf 10 uD IoEfOWD'
Hewitt Gives Opinion

LOS ANGELES, Dec. 9, 1907
Hon. A. c. Harper, Mayor of the City
of Los Angeles:
Dear Sir-In reply to your inquiry
whether it would be competent to pro-
vide by ordinance or otherwise for spe-
cial advisory commission to act either in
dependently or in conjunction with the
board of public works in the construc-
tion of the Owens river aqueduct, I beg
to advise you that in my opinion pro-
vision for such a commission cannot
legally be made
In view of the Importance of the ques-
ton I deem it proper to state the
grounds upon which this conclusion is
based. The department of public works
of this city was created by an amend
ment to the city charter, approved by the
legislature February 5, 1905, and was
placed under the management and con-
troll of a board of three commissioners,
designated as the board of public works.
The members of the board are officers of
the municipality and their powers and
duties are fully set forth in article xiv
of the charter. which constitutes the
amendment to which I have referred. In
the matter of the organization of the de-
partment of public works the charter
makes complete provision, and the board
is authorized to appoint it's secretary, to
dpPOiuL dilo S,LpiOy lut City eHSlueeT anu
to appoint one of it's own members as
inspector of public works. In addition
to these officers named in the charter
the board has power ito appoint and
employ, subject to civil service regula-
tions, such superintendent, inspectors
clerks and employees as the city council
shall by ordinance from time to time pre-
SCRIBE" I refer to this for the purpose
of showing that the charter establishes
the complete organization of the depart
ment of public works, and declares by
what officers and assistants the opera
tions over which the board has jurisdic-
tion shall be carried on.
Duties of Board
In the next place, the board of pub
lie works has charge, superintendent
and control "of the design, construction,
alteration, repair, maintenance and care
of all public works and improvements" !"
and has the power, subject to special lin
itations contained in the charter, to let
all contracts for the performance or fur
nishing of labor, materials or supplies
required for the execution of any service
of which the board has such charge, su-
perintendence or control. The charter
has placed the construction of public i'm
provements exclusively In the hands Of
the board of public works, as at present
|SOhotildtSd' Ato pOWGIS uellHeQ
therein. and the board can only employ
such subordinate officers to assist it in
the discharge of it's duties as the char
ter designates or makes provision for
1t is true that the city, by it's city
council, has power 'to create offices and
provide for the election or appointment
of officers other than those established
by this charter. or by the general law,
whenever the public convenience may re-
quire the same, and prescribe their duties
and fix their compensation" But this
power is limited by an important and pos
tive qualification to the effect that "this
shall not be construed to authorize the
creation of new offices and the appoint
ment of other officers to perform the du-
ties by this charter assigned to the Of
ficers provided for herein other than the
necessary deputies and assistants to the
officers of said city" / am of the opinion
that the limitation contained in the sec
ton just quoted must be given broad
construction consistent with its spirit
and evident intent and that 1t also pro-