LAPD’s Civilian Overseer Debated

In an unusually wide-ranging public debate, the Los Angeles City Council’s Public Safety Committee Monday directed the city attorney to find ways to implement about half a dozen proposals aimed at bolstering the independence of the LAPD’s civilian watchdog.

At a special hearing on the matter, the committee’s head, Councilwoman Laura Chick, asked the city attorney to find the most expedient ways to give the inspector general the powers to initiate investigations, to obtain access to all Los Angeles Police Department information, to report directly to the Police Commission and to release investigative findings unedited.

More pointedly, Chick, in a polite but firm rebuke of the Police Commission, directed the city attorney to refresh the panel’s members on the state’s Brown Act, the law that governs public boards, so that they do not illegally conduct the public’s business in private, as some police reformers have alleged.

After the testimony of dozens of community and city leaders, including the current members of the Police Commission and lawyers associated with the 1991 Christopher Commission--which first proposed the inspector general job--agreement seemed to have been reached on at least two key issues: The inspector general should report directly to the police commissioners and not to the panel’s executive director, as the City Charter provides, and the position should have unrestricted access to all LAPD records and other information.

Several police commissioners expressed concern, but not outright opposition, over a proposal that would give the inspector general the authority to initiate investigations. Some commissioners said the board, with a majority vote, should be able to halt any probe it opposes. Commissioner Herbert Boeckmann said the inspector general could improperly “blackmail” department employees with excessive latitude. They said they would prefer to set the agenda for the inspector general.

“I believe we have made great and necessary strides today in protecting the integrity of the independent, civilian oversight of the LAPD,” said Chick.

Chick called for the special hearing six weeks ago after concerns about a memo written by Police Commission President Edith Perez seemed to limit the inspector general’s access to “adjudicated complaints” only. The commission later clarified its position, saying the inspector general had unfettered access to all LAPD information.

On Monday, commissioners said Perez’s memo had been misinterpreted and that it was never intended to limit the inspector general’s powers. Nonetheless, Perez said the memo has not been retracted.

Councilman Mark Ridley-Thomas told commissioners he thought the memo should be scuttled. “It’s problematic in many ways,” he said.

The controversy over the inspector general’s position escalated last month, when Katherine Mader--the first person to hold the position--resigned under pressure. She said the commission had undercut her powers. The commission’s executive director said that Mader’s work was poor and that the panel was probably going to fire her.

While Monday’s debate focused mostly on the structure of the inspector general position, Commissioner Dean Hansell suggested that Mader inappropriately sought permission to investigate a City Council member more than a year ago. He did not elaborate, and Mader did not address the issue. According to a source familiar with the incident, Mader expressed interest in a nonprofit organization headed by Councilman Richard Alatorre’s wife. The Police Commission issues permits to charities operating within the city.

During her testimony, Mader said she was pleased that steps were being taken to strengthen the position. She said, however, that additional steps are needed to protect the people who come to her with information or to seek her help.

According to Mader, LAPD officials, armed with tweezers, have tried to get documents in her possession so they could be checked for fingerprints and the source of the document could be identified. She declined to turn over the records, she said.

Mader said people who come to her office should get “whistle-blower” protections so they are free from retaliation.

Chick directed the city attorney to look into that issue and the public safety committee’s other proposals and report back by mid-January. She asked the city attorney to determine whether the proposals could be implemented by city ordinance or required amendments to the City Charter. In the meantime, Ridley-Thomas said, the search for the new inspector general should be put on hold.

One proposal that did not gain the support of the Public Safety Committee called for establishing a specific term in office for the inspector general, instead of having the official serve at the pleasure of the Police Commission.

Council members and police commissioners said they thought such an arrangement would undermine the commission’s ability to hold the inspector general accountable.