Gates Retirement Hearing Moved Up : Police: Pension panel will consider the chief’s application next week. Some city officials were concerned he could delay departure again.

The Los Angeles Pension Commission on Thursday moved toward an early acceptance of Police Chief Daryl F. Gates’ retirement application, to the relief of city leaders concerned that Gates might again waffle on his departure date.

The commission voted 4 to 1 Thursday to take up Gates’ proposed June 28 retirement at its meeting next Thursday, instead of on July 9, as previously planned.

City officials said that the later certification of Gates’ retirement would have left a loophole for Gates to delay his departure. If he stayed after the June 30 swearing-in of Chief-designate Willie L. Williams, the city might have found itself with two men claiming to be chief.

The panel’s decision came after several politicians called for it to take early action.

Gates said the move was another example of the “incredible pettiness” of most of the city’s political Establishment.

In comments outside a courtroom where he testified in an excessive-force case against one of his officers, Gates also reaffirmed that he will not attend Williams’ swearing-in. The chief, noting that he enjoys strong support among rank-and-file officers, said he did not want to steal the spotlight from his successor.

“If you had an applause meter, it might register higher for me than for him,” Gates said. “And I think it’s his day.”

Gates said he would be happy to avoid contact with his detractors, including Mayor Tom Bradley and much of the City Council.

“I have a strong feeling about sitting next to a mayor who I don’t have much confidence in,” Gates said, “some City Council people who I have no confidence in whatsoever and then a board of police commissioners . . . I don’t have a desire to sit next to any of them.”

Gates created a furor last week at City Hall when he threatened to stay on the job until mid-July, a move city officials said could have invalidated the appointment of Williams. The outgoing chief later said he was “bluffing” in a dispute with city officials over a promotional list for police commanders.

Gates promised to be out of office June 28 and on Tuesday filed for retirement, but City Council members requested an early certification of the retirement date, saying they feared the chief might reverse himself again.

Under routine conditions, retirement requests are accepted by the Pension Commission at the first regular meeting after a retirement, or July 9 in the case of Gates.

But Pension Commissioner Paul C. Hudson on Thursday asked that the issue be placed on the commission’s agenda for next week. “I think that (Gates’) long and dedicated service to the city government justifies expediting it,” Hudson said. He declined to elaborate.

Commission President Sam Diannitto cast the only vote against the early certification of the retirement date. “I have deep concern that by taking premature action, we may be infringing on the rights of Chief Gates,” Diannitto said.

Gary Mattingly, general manger of the Department of Pensions, said approval of the chief’s retirement date should be merely a formality. The early action by the Pension Commission would not remove all doubt about Gates’ retirement. The chief, who has already changed his retirement plans several times, technically could still reverse himself until June 28.

But if he holds firm, as of 12:01 a.m. on that date, Gates’ nearly 43 years with the LAPD will be over, said Eudon Ferrell, the deputy city attorney who advises the Pension Commission.

Gates, 65, will receive a pension of $128,527 a year.

The Pension Commission also acted Thursday on the pension applications of two men who had hoped to succeed Gates--assistant chiefs Robert L. Vernon and David D. Dotson. Both will receive pensions of $101,178 a year.