Council Refuses D.A. Bid for Tapes : Investigation: Recordings were sought in connection with probe into possible misconduct by city Police Commission.

The Los Angeles City Council voted in a closed session this week to deny the district attorney access to tape recordings of its private meetings, which are being sought in an investigation of possible criminal misconduct by city police commissioners, The Times has learned.

The District Attorney’s Special Investigations Division, which prosecutes criminal wrongdoing by public officials, has requested recordings of meetings between the council and former Police Commissioner Dan Garcia.

It was at those meetings that council members have said they learned that the Police Commission had met in secret on April 4, when it agreed to place Police Chief Daryl F. Gates on a 60-day leave of absence.

Under the state’s Ralph M. Brown Act, government agencies are required to hold public meetings with at least 72 hours’ notice. There are limited exceptions for emergencies and some legal and personnel matters.

When council members learned of the potential violation of the Brown Act, they requested that the city attorney investigate. He forwarded the request to the district attorney’s office, which then opened its probe.

Police Commissioners Garcia, Melanie Lomax and Samuel Williams have acknowledged that they met secretly to discuss Gates’ fate, but believed it was legal to do so.

City Council President John Ferraro confirmed Thursday that the council is refusing to cooperate with the district attorney, even though it was the council that initially lodged the complaint.

“We’re not going to give them the tapes,” said Ferraro, who estimated that there are about four hours of recordings.

“What are we going to accomplish now?” he asked. “One commissioner has already resigned and the other two have said they are leaving.” Garcia resigned in April and Lomax and Williams submitted their resignations to Mayor Tom Bradley after the release this week of the Christopher Commission report, which called for their departure.

“So, what can we do to them?” Ferraro asked.

Roger Gunson, head deputy of the Special Investigations Division, said the matter is being investigated for possible criminal misconduct. The law provides for violations of the Brown Act to be prosecuted as a misdemeanor, with a possible jail sentence of six months and fines of up to $1,000. A spokesman for the district attorney said there has never been a successful criminal prosecution under the Brown Act.

Gunson said he had not yet been informed of the council’s decision to withhold the tape recordings and would not comment on the status of his investigation. The city attorney’s office would not comment on what advice it gave the council.

The taped meetings between the council and Garcia were held in private under an exemption from the Brown Act for discussion of legal matters. At the time, the council and the Police Commission were facing a lawsuit by Gates who was seeking to be reinstated.

When the City Council met in private this week to deny the district attorney’s request, it was again gathered under an exemption for discussion of legal matters.