Court Backs Council Over Police Panel : Appeals: Judges uphold action overruling commission’s furlough of Chief Daryl F. Gates after the Rodney G. King beating.

In another legal blow to the Los Angeles Police Commission, a divided appeals court has ruled that the City Council acted properly when it overturned a controversial commission decision to put Police Chief Daryl F. Gates on involuntary leave in the wake of the police beating of Rodney G. King.

By a 2-1 majority, the 2nd District Court of Appeal upheld an earlier decision by Superior Court Judge Ronald M. Sohigian, who ruled in May that the council could reinstate Gates as part of a settlement to a lawsuit the chief had filed.

The court majority based its decision on the City Charter, which gives the council control over litigation. The Police Commission had argued that it was inconceivable that the charter’s authors had intended to restrict the commission’s power by giving the council control over lawsuits.

But in an opinion issued Wednesday and signed by Justices Reuben Ortega and Miriam Vogel, the justices rejected the commission’s argument.

“We do not find such an intent ‘inconceivable.’ ” they wrote. “To the contrary, it appears necessary to ensure uniformity in the city’s decisions concerning whether, when and on what terms to settle a lawsuit. . . .”

The court’s presiding justice, Vaino Spencer, dissented, saying it “does great violence” to the citizen commissions that oversee 35 city departments and agencies, and “makes a mockery” of their independence.

The lawsuit stems from an unprecedented tug of war between the five-member police board, appointed by the mayor, and the City Council. In April, shortly after the King beating, the Police Commission attempted to put Gates on leave for 60 days. Gates immediately threatened to sue, and the council--using a creative legal maneuver--decided to settle by putting him back in office.

In a sense, the case has since been eclipsed by other events. In June, the voters passed a City Charter amendment that gave the council the authority to overturn commission decisions.

And just this week, a report by the Christopher Commission--the independent panel that investigated the Police Department in the wake of the King beating--outlined a series of reforms intended to increase the power of the police board. Among its recommendations are to exempt the Police Commission from the new charter amendment.

The appeals court ruling drew praise from lawyers for Gates and the City Council, and criticism from the Police Commission.

“I think it’s a very important decision for the citizens of this community,” said Jay Grodin, a lawyer for Gates. “It recognizes the integrity of the charter. It did not condone runaway lawless actions by the police commissioners.”

Commissioner Stanley Sheinbaum said he was disappointed, but did not know if the panel would take the case to the state Supreme Court. He noted that the ruling will undoubtedly have an effect on the police board’s work, because the Christopher reforms may not take effect for at least another year.

“It further impairs the ability of the commission, and other commissions, to function,” Sheinbaum said. “It garners too much authority in the hands of 15 people (the City Council). . . . It’s terrible.”