Gates Denies State Charge of LAPD Bias in Promoting Latinos : Minorities: The police chief vows not to change his procedures. He says the department’s system is ‘very, very fair and honest.’

Stung by new discrimination charges against his department, Los Angeles Police Chief Daryl F. Gates on Wednesday vehemently denied any bias against Latino officers in promotions and said his much-criticized system for advancement is “very, very fair and honest.”

“You have to work very, very hard to get promoted in this organization,” Gates said at a crowded news conference called to respond to state allegations that Latino officers have been unlawfully denied equal promotion opportunities.

He vowed never to agree to changes that he contends would move minorities up the ranks over better qualified officers. “I won’t do it. . . . If we were simply to put people in positions because they were of a specific background, we would not be the kind of world-class department we are,” he said.

“Hispanic officers have the same kind of opportunities in this organization anyone has,” he insisted, rebutting critics who say that he has been insensitive. “Ask them what do they want me to do? Do they want me to hold their hand?”

Gates was responding to accusations filed this week by attorneys for the state Department of Fair Employment and Housing, who charged that for a decade Latinos have been unfairly held back in promotions by biased and inconsistent testing and interviewing procedures.

The administrative action, the first step toward possible state-mandated reforms in the department, cited a “great disproportion” between the pool of qualified Latinos who have sought promotions in recent years and those who moved up. Anglo officers have advanced at much higher rates, according to the state’s two-year investigation.

The sweeping case grew out of a complaint filed with the state fair employment agency by an organization of Latino police officers. Latinos make up about 21% of the 8,400-officer force but hold very few high-ranking positions.

State and city lawyers are negotiating a possible settlement, although the matter could lead to hearings before the state fair employment commission. The commission has the authority to impose corrective measures.

Since 1980, the Police Department has been required to hire more minorities and women under a federal consent decree that grew out of a separate discrimination case.

The president of the Latino officers’ group, Sgt. Emilio Perez, declined to respond to Gates’ comments. But other Latino groups that have worked with the Latino officers criticized Gates’ remarks.

“I don’t see how Chief Gates can say all is well,” said Esteban Lizardo, an attorney with the Mexican American Legal Defense and Educational Fund. Lizardo cited an array of statistics in the state complaint that showed Latinos lagging in promotions.

“Either he isn’t looking at reality, or he is confused about what is occuring within his department,” Lizardo said.

Alan Clayton, a leader of the League of United Latin American Citizens, said Gates’ response demonstrates his “intransigence.”

“I think the problem is the chief,” Clayton said. He called on the city police commission, recently reconstituted by Mayor Tom Bradley, to “get tough” on the issue and push Gates to improve his practices. The mayor’s office would not comment.

At his news conference, Gates said he does not expect a clash with the commission, but he pointedly noted that he alone has the power to appoint his commanders under the City Charter.

Gates said he would refuse, even if ordered by the police commission, to use an affirmative action plan common to most other city departments. He said this was a “major issue” in the debate over Latino promotions.

That plan allows a department manager to select any candidate for a promotion who has been ranked at the top three scoring levels. Supporters say that this device greatly expands the number of eligible candidates and gives department heads more flexibility in meeting affirmative action goals.

“I will not bend,” Gates said, adding that the practice used by other departments is open to manipulation.

He said under his current affirmative action plan, minorities are given some advantage in the promotion process. He said that when two candidates are rated absolutely equal, he will choose the minority over the Anglo.

He said he promotes off a single list of those who achieve top scores and then are ranked by a review panel of seasoned command personnel.

Gates said Latino promotions will occur through a natural process as those at the bottom move up. “In time, with the number of Hispanics in this organization, they are going to be running it (the department),” he said.

The state action was “unfortunate” and “very divisive,” Gates said, for a department that prides itself on being “the LAPD family.”

News of the state complaint was hailed by some Latino officers Wednesday, although most of those interviewed did not want to be identified.

“I’ve always felt there was discrimination in promotions,” said one veteran officer at Hollenbeck Division, located in predominately Latino Boyle Heights. “Chief Gates says that’s baloney. Well, the state now agrees with (the Latino officers) and that ain’t baloney. That’s the truth.”

One former Police Department narcotics officer, who left the department less than a year after obtaining a prized promotion to Detective III, agreed that the state complaint was long overdue.

“It should have been done years ago,” said Joe Villalba, 60, now an investigator for the state attorney general’s office.

Villalba, who still has warm feelings for his 27 years with the Police Department, said he got his promotion in 1985 only after filing a grievance because he was passed over despite 10 years of consistently outstanding ratings.