HAHN FOR MAYOR
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Tarzana, CA 91356

Hahn Seeks Charter Changes To Beef Up Police Reform Effort

NOVEMBER 14, 2000
LOS ANGELES TIMES

LAPD: The City Attorney Wants Full-Time Civilian Commissioners And A Tougher Discipline System.
-- Tina Daunt, Times Staff Writer

Los Angeles City Atty. James K. Hahn is seeking a number of City Charter amendments aimed at bolstering the Los Angeles Police Commission and overhauling the way the LAPD handles officer discipline and grievances.

Hahn said he will send a letter today to the mayor and City Council asking that they consider seeking voter approval of a number of charter amendments, including one that would make the Police Commission presidency a full-time, paid position.

"After spending at least six months on the consent decree, we realized that we needed to take a hard look at the charter to see if it is standing in the way of achieving the full police reform that we all want," said Hahn, who served on the negotiating team that reached the settlement with the U.S. Department of Justice on reforming the department. "The bottom line is we need to strengthen civilian control . . . and we need to restore public confidence. I think these things will help accomplish that."

Councilwoman Laura Chick, who led the council's committee on charter reform, said she is willing to look at Hahn's proposals--and any others that come about in the wake of the Police Commission's review of the Rampart police scandal. That report is due out later this week.

Some of Hahn's recommendations include:

* Setting up a new disciplinary system that would give officers the opportunity to have their grievances heard by a civilian panel. The current system calls for two command officers and a civilian to decide on an officer's discipline--subject to approval by the chief--at a Board of Rights hearing. Police union officials have complained that the current system is unfair because the command officers on the panel are beholden to Chief Bernard C. Parks, whose disciplinary policies the union generally opposes.

* Giving more authority to the chief to fire officers. "Now, the chief can terminate only if such an action is recommended by the Board of Rights," Hahn said.

* Removing the statute of limitation in the charter that limits the length of time the department has to take action against an officer accused of misconduct.

* Establishing a full-time Police Commission president, who would have "the time, energy and the dedicated focus to provide the necessary oversight to avoid future corruption scandals."

* Transferring oversight of the department's recruiting and hiring efforts from the city's Personnel Department to the Police Commission. "The reorganization will facilitate accountability within the city," Hahn said. "One organization will not be able to blame another for the failures related to personnel decisions."

* Prohibiting sworn LAPD personnel from serving as staff members to the Police Commission and its inspector general.

"Effective reform requires that the commission and the inspector general have a strong staff to support strong oversight," Hahn said. "The city also must avoid the potential conflicts which occur when the chief of police has the power to affect the future careers of members of the commission and inspector general staff," Hahn said.

Although Hahn's proposals--which are subject to council approval and mayoral veto--are expected to open the debate on charter reform, his proposals are not the first since the Rampart police scandal. Several months ago, Erwin Chemerinsky--who helped craft the new City Charter two years ago--said he believed revisions were necessary to bring about reforms in the LAPD.

"We knew in drafting the charter that it would be amended as circumstances warranted," said Chemerinsky, a constitutional law professor at USC. "I applaud Hahn for putting this on the table."

Although Chemerinsky said he agreed that the current Board of Rights should be scrapped, he questioned whether the chief should be given the ability to fire officers without a due process review. He also said he believes the entire commission should serve as full-time employees--and not just the president.

"Knowledge is power," Chemerinsky said. "If you are full-time and everyone else is part-time, you will not be first among equals. You will be superior to the others."

However, some officials said they believe Hahn's recommendations are a step in the right direction.

Police Commission President Gerald L. Chaleff said:

"It became apparent When we were negotiating the consent decree that there were a number of areas that should be addressed and changed in the City Charter," Chaleff said. "The city attorney has raised some very good ideas that should be discussed."