The Proposed Charter Changes
The Christopher Commission on Tuesday proposed changes in the Los Angeles City Charter that, among other things, would set a maximum term for the police chief and increase civilian oversight of the Police Department.
On Friday, Council President John Ferraro announced that Police Chief Daryl F. Gates had agreed to retire in the coming months if some of the charter amendments were placed on a special election ballot.
The council, however, remained divided over which amendments to put on a ballot. Some members wanted to submit only those amendments relating to the chief’s tenure, while others sought to offer the entire package, which also covers powers of the Police Commission and discipline of officers.
Committee hearings on the following Christopher Commission recommendations begin next week.
THE POLICE CHIEF
The Christopher Commission proposed amendments that would reduce the power of the police chief, who now may only be removed from office for wrongdoing and who has the right to an administrative hearing on any discipline. The proposed changes would:
* Allow the mayor to appoint the chief with the consent of the council from a list of three candidates recommended by the Police Commission, which currently appoints the chief. If the mayor were displeased with the list, he could ask the Police Commission for one more list of three candidates.
* Increase the likelihood of an outsider being appointed chief by eliminating a scoring advantage on the chief’s exam given to candidates within the LAPD.
* Strip the chief of his civil service protections and the “property right” to his job that now is guaranteed to him by the charter.
* Limit the chief to a five-year term, which the Police Commission may renew once.
* Make it easier to remove the chief by permitting the Police Commission to fire him for any reason with the consent of the mayor. The chief could appeal to the council, which could reinstate him with a two-thirds vote.
THE POLICE COMMISSION
The Christopher Commission recommended several charter changes to increase the clout of the civilian Police Commission, whose five part-time members oversee the LAPD. The proposed changes would:
* Exempt the Police Commission from Charter Amendment 5, which voters passed last month. Charter Amendment 5 gave the City Council power to reverse decisions by any city commission.
* Increase the $50 fee police commissioners receive for each meeting they attend to $1,500 per month.
* Give the Police Commission standing to sue to fulfill its oversight responsibilities if any other governmental body tries to interfere with it.
OFFICER DISCIPLINE
The Christopher Commission also proposed changes that would increase the power of police administrators to discipline rank - and - file officers, whose rights to fair hearings in disciplinary matters are detailed in the charter. The changes would:
* Eliminate a requirement that administrators must discipline an officer within a year of alleged wrongdoing. Sometimes it takes longer than a year for complaints to be made.
* Allow administrators to use evidence from unsubstantiated past complaints against an officer in an attempt to prove current misconduct charges.
* Give administrators a new power to punish by demoting offenders rather than admonishing, suspending or firing them.
* Change the composition of administrative hearing panels called Boards of Rights from three senior officers to two officers and a civilian Police Commission supervisor.
* Eliminate accused officers’ ability to help select the senior officers who sit on these boards. Senior officers would be randomly selected.
* Give the Police Commision authority to reverse any decision by the police chief to reduce a penalty recomended by a Board of Rights.
* Instruct the city Board of Pension Commisioners to view an officer’s serious misconduct as “a negative factor” in determining whether an officer is eligible for a stress pension, which could cost taxpayers close to $1 million over his lifetime.
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