Judge Orders Promotion List Reinstated

A Superior Court judge on Wednesday ordered that a controversial Los Angeles Police Department promotion list be recertified, overruling a City Council decision to let the list expire and enabling eight captains to vie for the rank of commander.

Judge Robert H. O’Brien issued his written decision in response to a lawsuit filed by the Los Angeles Police Command Officers Assn. on behalf of Capt. Patrick McKinley, one of the candidates on the list. McKinley alleged that he became the victim of a political feud between now-retired Police Chief Daryl F. Gates and the City Council.

O’Brien said he found no evidence that the City Council allowed the list to expire “for political reasons and in bad faith.” But he said the failure to recertify the list was a departure from tradition and showed “a clear abuse of discretion.”

The Civil Service list--which was scheduled to expire in June--became the center of a bitter feud between Gates, the City Council and the Police Commission when Gates’ request for an extension was denied. Gates threatened to not retire after the City Council’s action, though he said later he was bluffing.

Gates said he was acting to protect the integrity of the Civil Service process. But the City Council said Gates’ successor, Willie L. Williams, should be able to choose his own command staff and allowed the 2-year-old list to expire.

Assistant City Atty. Timothy Hogan said Wednesday that the issue may be moot anyway because of a citywide hiring freeze. Even with the list recertified, Hogan said, Williams will have to seek City Council permission to fill any vacancies. And if Williams were allowed to fill vacant commanders’ slots, Hogan said, he could choose from among any of the eight captains on the list and not necessarily McKinley, who was widely viewed as Gates’ first choice.

Hogan said he had not yet decided whether to appeal the decision. Barry Levin, McKinley’s attorney, called the ruling “only fair.”