Gates: Will He or Won’t He Quit? : Police: As the chief inquires about the legality of withdrawing his retirement papers, the Pension Commission meets today to act on finalizing his departure.

Los Angeles Police Chief Daryl F. Gates--whose recent threat to postpone his retirement sparked a City Hall frenzy--has inquired about the legality of withdrawing his retirement papers by today, before the Pension Commission can make his departure final, officials said.

Deputy Mayor Mark Fabiani said Gates telephoned Deputy City Atty. Eudon Ferrell, who advises the Pension Commission, with the question on Tuesday. Ferrell said he was asked whether Gates’ pension application “can be withdrawn and then be put back in within a short period of time.”

The pension commissioners are to take up Gates’ retirement as a special item during a 9 a.m. meeting today. Several officials expressed hope that even if the defiant chief were to withdraw his pension application before the meeting, he would still resubmit it and retire as scheduled.

“I personally believe the chief will stand by his word and leave on (June) the 28th, and whatever happens in the interim might cause some discomfort to some people. (But) I believe that on the 28th, everything will fall into place,” Ferrell said.

Gates, who had not withdrawn his retirement papers as of late Wednesday afternoon, did not return phone calls seeking comment.

A withdrawal of the retirement papers would block the Pension Commission from acting today. Whether he would have to withdraw the application in writing or could do so with a simple oral request was unclear.

Word of Gates’ interest in the possibility of another postponement prompted a fresh round of rumors at City Hall, but the reaction stopped far short of the uproar that greeted his recent threat to stay until mid-July.

Several politicians said privately they did not want to fuel another war of words with the chief, or give him any more publicity at a time when he has been promoting his best-selling autobiography.

But Councilman Michael Woo, a longtime Gates critic, called the chief’s question “unbelievable.”

“For a man who was considered to be a decisive leader, he is now demonstrating weakness of will,” Woo said. “He is demonstrating confusion in terms of his future plans, and perhaps most damaging of all, Chief Gates is showing that he can’t give up control, that he doesn’t know when the end has come.”

Officials are concerned that Gates, by delaying his departure, could jeopardize the appointment of his successor, Willie L. Williams.

If Gates remains after Williams’ June 30 swearing-in, the city could have two men claiming to be chief. And Williams’ appointment itself could be called into question. The chief-designate was chosen under a system that will become invalid as soon as results of the June 2 election are certified, probably by mid-July.

Gates’ threat two weeks ago to postpone his retirement prompted the Los Angeles Police Commission to seek a private attorney.

Though Gates later said he had only been bluffing--trying to show how politicians are meddling in police operations--the commissioners hired an attorney to assist them in case the chief changes his mind again. And the Pension Commission, which was originally scheduled to certify Gates’ retirement on July 9, placed the matter on its agenda for today at the request of concerned city officials.

Gates, 65, is eligible for a pension of $128,527 a year.

Police Commission President Stanley K. Sheinbaum said Wednesday that Gates’ inquiry was “more of the same kind of stuff from him.”

The commission’s attorney, Louis R. (Skip) Miller, said that the commission is prepared to enforce Gates’ departure if necessary but that “we hope there will be no need for any legal action, quite frankly.”

Times staff writer Richard Simon contributed to this story.