Gates Overstepping Authority, Members of Police Panel Say : LAPD: Commission president Sheinbaum contends that the chief’s plans to implement a community-based policing program violate the City Charter.

The Los Angeles police commission president accused Chief Daryl F. Gates on Saturday of circumventing the commission and violating the City Charter by moving to personally take command of five divisions to implement a community-based policing program.

“He (Gates) has increasingly sidestepped us,” Stanley Sheinbaum, commission president, said in an interview. “According to the City Charter, he is a manager . . . and the commission is the policy-setter. This is a policy decision, and I consider it a serious violation of the City Charter.”

Sheinbaum said he plans to ask Gates to bring his plan to the commission to determine whether it should be approved. “We can’t let him go off unchecked,” he said. “This is a very serious matter. We want to look at it and seriously consider whether this is the best way to go.”

The latest controversy between the commission and chief arose after a police spokesman confirmed Friday that Gates is planning to take over command of operations in five of the 18 police divisions to help launch a pilot project in community-based policing.

The concept, which will give communities a greater say in their police service, was approved by the City Council in December.

Police Commissioner Jesse A. Brewer, a former assistant chief, called Gates’ action “an unwise move” in an interview Saturday and criticized the chief for “doing things unilaterally and not giving the commission the respect it should have.”

Gates could not be reached for comment, but LAPD spokesman Cmdr. Robert Gil denied that Gates tried to “sneak anything under the table” and described the controversy as a “brouhaha” created by the press.

Downplaying the importance of Gates’ announcement to his staff, he categorized Gates’ plan as one of “a hundred things we’re looking at.” The police commission, Gil added, “is not in on all these nuts and bolts.”

“This is a pilot program, not a policy change,” Gil said. “If we restructured the department, that would be a policy change. . . . It’s not a permanent program at this point in time.”

Asked if that meant Gates felt he did not need to have the change of command approved in advance by the commission, Gil snapped: “I didn’t ask him.”

The spokesman stressed that the plan Gates outlined to his staff was a “broad-brush approach” whose details will be announced this week. He said the Gates plan is designed to ensure uniformity in implementation of the pilot program.

Gates told his top staff Thursday that he is creating, in effect, a new police bureau, with the chief personally in charge of five divisions, officials said. This means that responsibility for patrol officers, detectives, administration and discipline will be centralized under Gates.

In personally taking over operations in those divisions, Gates will bypass four bureau commanders--who have all applied to take over his job when he retires this year.

One official who was present said Gates told his staff that he did not want any deputy chiefs who are seeking his job to exploit the pilot program to promote their candidacy.

Some of those bureau commanders, who will now find their territories substantially reduced, expressed surprise at Gates’ move. Others could not be reached for comment.

“He (Gates) keeps accusing everyone of trying to politicize the department,” Sheinbaum said angrily. “But in the same week he says he’s considering running for mayor, he does something like this. If anyone is politicizing the department, he is.”

Sheinbaum was referring to Gates’ remark on television that he will “probably” run for mayor if no other candidate inspires his confidence.

Both Sheinbaum and Brewer questioned whether it was appropriate to further centralize control in the chief’s office when the concept at issue is called community-based policing.

“Every community is different,” Brewer said. “Community-based policing means you go to the community and ask them what they want, they need, not tell them what they’re going to get.

“Complete command of five different geographic areas--that’s over one-fourth of the office operations,” Brewer said. “I don’t see how he can do it himself. The mere administration required, the oversight, will require a lot of time.

“By bypassing the chain of command, he’s giving negative signals to those inside the department, showing he has no faith in his own staff. And I believe he’s appointed every one of them.”

After its investigation of the LAPD, the Christopher Commission recommended that the department adopt community-based policing. Gates has consistently maintained that the department already has implemented community-based programs and that new measures are unnecessary.

Police Commissioner Anthony de los Reyes said Saturday: “It is sort of interesting that he would choose to step in at this point when he has been so critical of the Christopher Commission and its recommendations. However, I think it is hopeful that he would want to assure hands-on involvement with the whole program.

“It remains to be seen whether he is entirely sincere in his commitment” to community-based policing.

City Councilman Zev Yaroslavsky, who has often traded barbs with Gates, said Saturday that he had received complaints from inside the Police Department alleging that Gates had not consulted top staff on the move.

“Top staff wasn’t consulted, the commission wasn’t consulted,” Yaroslavsky said. “He has not fully fulfilled the responsibilities he has now. To take this on seems to me to be biting off more than even the great Daryl Gates can chew.”

Councilman Marvin Braude, chairman of the Ad Hoc Committee on the Christopher Commission report, said Friday that he was not concerned about the chief’s decision to take control of the divisions where community policing pilot programs are being implemented.

The Times was unable to reach several top officers this weekend.

“Nobody knows what to say,” said one officer in Central Division. “None of this is even in writing. We’re all working from hearsay. We certainly are living in interesting times.”

A spokesman said the chief plans to take direct command Jan. 26 of the Northeast, Southeast, Pacific, Foothill and Harbor divisions, and is expected eventually to surrender control to the bureau commanders.

Gates has said he plans to retire in April or shortly thereafter.