Latino Lawyers Say City Manager Can Pick Citizen Police Panel

A group of Latino lawyers has said that it believes the City Charter and state law allow the city manager to select a citizens panel to review internal police investigations into complaints of misconduct by officers.

The city attorney’s office, however, has consistently said that only the police chief has the authority to select people to serve on the board, concluding that the law--except in extraordinary situations--prevents the city manager and citizens from scrutinizing confidential records of internal police investigations.

The La Raza Lawyers Assn., which reviewed the law for the San Diego Coalition of Hispanic Professionals, contends that the city attorney’s analysis is wrong and is based on a narrow interpretation of the City Charter and state law.

In essence, the lawyers group determined that, since the charter gives the city manager responsibility for the administrative branches of city government--including the power to overrule decisions by the Police Department--”logic dictates that this can be done only if the city manager has the necessary information at his disposal,” the group said Wednesday. “This would include access to complaints against the police.”

Authority Delegated

Such access can be transferred to civilians because the City Charter gives the city manager the authority to delegate his power to consultants, such as a citizens review board, according to the association, which released its “alternative analysis” at a press conference.

Finally, the lawyers organization said, the civilian panel could review internal police records without violating state disclosure laws because no disclosure would be made to the public at large.

“Citizens could logically be hired by the city manager as consultants with a contractual provision that all information received and reviewed by the citizen panel would be held in strictest confidence,” said the association’s analysis.

Association President Robert Garcia said the Coalition of Hispanic Professionals wants to take away from Police Chief Bill Kolender the power to appoint the 12 members to the civilian review panel and give it to City Manager John Lockwood. The idea, Garcia said, is that Lockwood would then consult with the City Council before making his selections, thus opening the appointment process to more people.

“The chief of police making the selection is opposed by everyone,” said Jess Haro, chairman of the board of the Chicano Federation of San Diego County Inc., site of the press conference. “That’s unacceptable.”

An aide to Assemblyman Peter Chacon (D-San Diego) told reporters at the briefing that Chacon has asked the attorney general’s office for its opinion on civilian police review in San Diego.

Little Chance

Although the Latino lawyers are seeking a meeting with Lockwood and members of the City Council to discuss their analysis, it was clear from statements by Lockwood and City Atty. John Witt that the lawyers’ opinion has little chance of acceptance.

“This question has come up before . . . and (the legal interpretation is) strictly the city attorney’s call, and I’m not second-guessing (his) judgment,” Lockwood said, noting that he will ask the lawyers to meet with Witt rather than with him.

“I’m advised that only the police chief can make the selection, and that’s the advice I’m following,” Lockwood said.

Witt, who had not seen the opinion, said his office will review the interpretation but explained that his office has to be persuaded that its reading of the City Charter and state Penal Code is in error.

“If they can convince us that any part of our reasoning is wrong, we’ll change it . . . but I don’t think it is,” said Witt.

Last month, Lockwood ended a yearlong debate over whether civilians should play a role in overseeing the Police Department’s handling of complaints, which had come under fire by blacks and Latinos.

12-Member Panel

The city manager unveiled a plan in which 12 citizens--selected from a pool of retired judges, grand jurors and civil service commissioners--would be selected by Kolender.

The panel--which won’t have any independent authority or disciplinary proceedings of its own--will report to Kolender periodically and make suggestions about internal investigations before disciplinary action is taken. At least twice a year, the panel will issue public reports evaluating the department’s internal affairs investigative division.