Critics Seek to Curb Politicking by Gates : City Hall: Police Commission may issue a policy to channel statements by outgoing police chief through them. His lawyer warns them to move carefully.

Critics of retirement-bound Police Chief Daryl F. Gates want to curb his politicking at Los Angeles City Hall, especially any efforts to head off policing reforms proposed in the wake of the Rodney G. King beating.

The push was sparked by a letter Gates wrote to council members a week ago strongly defending his department and urging the council to move cautiously on some of the proposals made by the independent Christopher Commission. Police commissioners complained that they knew nothing about the letter, and some council members said it appeared that Gates was launching a lobbying effort to undermine the commission’s proposals.

Police Commissioner Michael Yamaki said that a new policy clarifying the chain of command on official communications involving the chief could be considered today. “We set the direction,” he said. “In the post-Rodney King period, things are going to be different.”

Police Commission President Stanley Sheinbaum said in an interview that his panel likely will direct the chief to funnel all outside communications on law enforcement policy matters through the Police Commission, which is charged with overseeing the Police Department and chief.

“If he’s talking policy, he’s got to clear it with us,” Sheinbaum said.

At least one member of the City Council, which is debating the Christopher proposals, also said he would seek formal council support for restrictions on Gates’ communications and lobbying activities.

“Many sources suggest that this (Gates’ letter) is the first volley,” said Councilman Mark Ridley-Thomas. “It’s clear to me Chief Gates needs to be restrained because in his remaining months he can do a significant amount of damage.”

Details of the Police Commission and Ridley-Thomas proposals remain to be worked out. But they reflect concerns among the chief’s critics, including allies of Mayor Tom Bradley, that Gates could use the influence of his office to thwart or reshape the Christopher proposals before his retirement next year.

Gates has said that he intends to play a prominent role in the implementation of the Christopher proposals, and has spoken out against provisions he opposes, such as term limits for future police chiefs. Last month, he reminded reporters at a press conference that “I still have significant power. And I know how to use it.”

Gates’ lawyer, Jay Grodin, warned that city officials are “starting to tread on some very sensitive areas . . . as to 1st Amendment rights.”

“I think they’d like to muzzle the chief,” Grodin said. “They are probably afraid that if he is negative to certain (reform proposals) it might diminish chances of those provisions being accepted.”

Sheinbaum, Yamaki and Police Commissioner Ann Reiss Lane--all appointees of Bradley, Gates’ longtime rival--said they are not trying to silence the chief. They said that with Gates’ writing letters on policy issues involving the Christopher proposals there is confusion about who speaks for the Police Department.

The newly reformed Police Commission, which has been aggressively exerting its authority over the chief in recent weeks, was particularly miffed by Gates’ letter because it took issue with a proposal to beef up the commission’s independent investigating staff.

It is not clear how far the Police Commission can legally go in restricting Gates’ communications. Assistant City Atty. Byron Boeckman refused to comment, saying his office has not presented advice on the question to the Police Commission.

Grodin said Gates cannot be prevented from voicing his views or writing official letters as police chief as long as he does not purport to represent the official view of the Police Department.

The Christopher Commission report noted that Gates has a legal right to be politically active, as long as it does not occur while the chief is on duty or in uniform.

Council President John Ferraro, a Gates supporter, said the chief has a right to speak out and noted that city police chiefs have traditionally done just that. “Everybody’s too sensitive now. Every time (Gates) breathes . . . it has be reviewed by the commission. That’s a bunch of bull.”

Ridley-Thomas and police commissioners agree that Gates may express his own view. He may not go around the Police Commission and promote a separate official view as police chief, they said.

“The commission by charter is the entity that is responsible, not the chief,” said Ridley-Thomas. “This thing has been out of whack for too long.”