Playing Poker With Taxpayer Chips

Never let it be said that the Los Angeles City Council doesn’t know how to play high-stakes poker. The problem is, they’re playing with taxpayer money--and sometimes they lose.

The city and Assistant Police Chief Robert Vernon have been sued by political activist Michael Zinzun for defamation and violation of his civil rights. Vernon used a police department computer and released information found about Zinzun, who was running for office in Pasadena in 1989. Zinzun said the information, largely newspaper articles, created the impression that there was a file on him in the LAPD’s anti-terrorist division--that he might be, in effect, a terrorist. Zinzun was one of three candidates in an election won by Chris Holden, son of Los Angeles City Councilman Nate Holden.

A Superior Court jury Friday found “clear and convincing” evidence of malice by Vernon and awarded Zinzun $3.8 million. The jury also is considering possible punitive damages, for which Vernon could be personally liable.

The city attorney already has said that he is likely to appeal the $3.8 million award in hopes that it will be reduced. Had the council followed the city attorney’s advice, however, there would be nothing to appeal.

That’s because the city attorney recommended last month that the council settle the lawsuit for $450,000. Clearly, Vernon’s use of a computer in the LAPD’s anti-terrorist division to collect political information on Zinzun was inappropriate; Chief Daryl F. Gates has said so and has given Vernon a verbal reprimand.

“We were very concerned about this case,” said a spokesman for City Attorney James K. Hahn. “That’s why we wanted to settle it.”

But no. The council, which had no problem paying out a record $11.3 million last year to settle police-related lawsuits, suddenly decided last month that it had to draw the line. It’s no coincidence that this occurred at the same time that the council was busy flexing its political muscles against the mayor and the Police Commission, to the benefit of Chief Gates.

Councilwoman Joy Picus speculated that the jury may have been influenced by “the atmosphere surrounding the Rodney King affair.” That’s possible. But shouldn’t that have suggested to the council an even stronger reason for following its attorney’s advice?

“The public interest may be better served with a full trial,” Councilman Zev Yaroslavsky said in support of rejecting a settlement, “ . . . letting the chips fall where they may.”

Well, guess where those chips just fell? Out of your wallet.