City Attorney Backs Civilian Police Panel

In a sweeping reaffirmation of the importance of civilian oversight of the Los Angeles Police Department, the city attorney today will tell the city’s Police Commission that it has complete authority to order the chief to cooperate with the inspector general on all matters.

The issue has been a point of contention in recent months between commission members and Chief Bernard C. Parks, who has expressed concern over proposals to give the inspector general power to initiate audits and investigations of any matter involving the LAPD.

According to the opinion to be issued by the city attorney’s office, the commission has the power to define the scope of the inspector general’s duties, and Parks must then follow the board’s wishes.

“What we are saying is, since the Police Commission is the supervisory authority over the Police Department, they can instruct the police chief to provide access to the inspector general,” said City Atty. James K. Hahn. “It’s up to them to make that call.”

Hahn said his office was asked to weigh in on the matter by members of the commission, who were seeking clarification on whether it was legal for the inspector general to receive complaints of police misconduct. Hahn said his office will present its 17-page opinion to the board at the commission’s meeting today.

“We took the opportunity to expand on the role of Police Commission and the chief of police in terms of who runs the department,” Hahn said. “We wanted to put to bed this false belief that has risen over the past few years . . . by clarifying that the Police Commission is the citizen oversight of the department. They run the department. But for practical purposes, the police chief has the responsibility for running the day-to-day operations.”

In recent months, Parks--who could not be reached for comment Monday--has expressed concern that some city officials and members of the commission were seeking to give the inspector general too much power. The issue came up again last week when Inspector Gen. Jeffrey C. Eglash complained that LAPD officials were attempting to restrict the scope and authority of his job.

Commission sources said that Eglash and Parks disagree over the scope of the inspector general’s position under the city’s new charter, which takes effect July 1.

Eglash and at least some commissioners believe the new charter gives the inspector general wide-ranging power. Parks believes such a mandate is fraught with legal problems.

Now, with the city attorney’s opinion on record, it is up to the commissioners to decide how Eglash will proceed.

“What [the opinion] says is that the inspector general works for the Police Commission and is subject to our instruction and not the department’s,” said Commission President Gerald L. Chaleff. “The bottom line on all this is the department will provide information to the inspector general.”

The city attorney’s opinion also states that the inspector general should be allowed to receive and review complaints of police misconduct. However, attorneys said that misconduct complaints must also be filed with department supervisors.

“They still must let the department know what’s happening,” Hahn said. “The commission and the inspector general will monitor the investigation and make sure it’s done thoroughly.”