City Council Agrees in Concept to LAPD Pact

After more than 10 hours of debate, the Los Angeles City Council late Monday agreed in concept to a long list of police reforms hammered out after months of negotiations with the U.S. Department of Justice.

Although council members signaled their willingness to enter a legal agreement with the Justice Department, the lawmakers, expressing fatigue after the long session, decided to delay the crucial vote that would solidify the Los Angeles Police Department fixes in the form of a consent decree. The council is expected to take up the matter again today.

“We agreed in concept to the vast majority of issues that were set forth by the U.S. Department of Justice,” Councilman Mike Feuer said.

“The whole point we are trying to convey to the DOJ is that if they allow us to have fundamental control [over the Police Department], we will have the horsepower to make the reforms happen,” Feuer added.

Working from midmorning to late evening, lawmakers agreed to collect data to determine the extent of “racial profiling” in the LAPD and pledged to implement reforms in the way officers deal with mentally ill suspects.

They also agreed that a monitor would be appointed to track the reforms outlined in the 84-page consent decree with the Justice Department, provided the overseer acts as an auditor and not as a “special prosecutor” or a “special master” with an unlimited budget.

“We think if we honestly sit down and roll up our sleeves in good-faith negotiations, we should be able to resolve these issues,” said City Atty. James K. Hahn, who headed the city’s talks with the Justice Department.

While adopting dozens of reforms, the council stopped short of approving a provision that would have required officers to fill out reports on all warrantless searches.

The Department of Justice has argued that the data collection is needed to help identify officer misconduct. But council members questioned whether the rule would create a paperwork nightmare for officers. They asked the city’s four-member negotiating team to seek a compromise with federal authorities.

Council members directed further negotiations on a number of other issues, including whether the city would be given flexibility in implementing a computer system aimed at tracking problem officers.

The city’s negotiating team is expected to return to the bargaining table with Justice Department officials later this week. A final agreement is expected to be presented to the council before the end of the month.

Alleging that the LAPD engages in a “pattern or practice” of civil rights violations against suspects, the Justice Department has given the city an ultimatum: Either agree to a consent decree mandating dozens of reforms or face a federal lawsuit.

Until Friday, Mayor Richard Riordan and Police Chief Bernard C. Parks strongly apposed the decree, saying it was akin to a “federal takeover” of the LAPD. They advocated entering into a less stringent memorandum of understanding, which would not involve a federal judge.

After it became clear that the council had the votes needed to approve a consent decree, Riordan and Parks said they would be willing to compromise to reach an agreement with federal officials, provided that the deal allowed the city to maintain control of its police force.

“We all agreed that it is important to have the city’s leadership and the Department of Justice standing united behind a final agreement,” Riordan said. “By working together, we will send a powerful message to the people of Los Angeles and the dedicated police officers that we are committed to reform and excellence in the LAPD.”

On Monday, Riordan and Parks met with U.S. Atty. Gen. Janet Reno in Washington, D.C., to discuss the consent decree.

“In sharing with Ms. Reno the status of City Council deliberations on the recommendations of our negotiating team, I expressed confidence that an agreement can be crafted to meet both the Department of Justice’s and the city’s interests,” Riordan said.

He said he gave Reno a letter he co-signed with Council President John Ferraro and Councilman Alex Padilla that outlines their worries about the proposed consent decree.

“These concerns include maintaining effective community policing, retaining local control of police activities in a way that is consistent with the agreement and intent of all parties, and maintaining reasonableness and flexibility to ensure compliance in a cost-effective manner,” Riordan said.

Those still opposing the decree include council members Nate Holden, Hal Bernson and Rudy Svorinich Jr.

“Once you sign a consent decree, you potentially give up control,” Bernson warned his colleagues.

Councilman Nick Pacheco, who initially opposed the decree, said he will support it as long as it limits the role of the monitor.

Meanwhile, Chief Legislative Analyst Ron Deaton, also a member of the city negotiating team, warned the council Monday that the Justice Department expects the city to determine what it wants in the agreement by the end of the month.

Other provisions receiving preliminary approval include:

* Prohibiting retaliation in any form against officers reporting possible misconduct by other officers.

* Tightening management and control of the LAPD’s units for monitoring gangs.

* Establishing strict guidelines for the use of confidential informants.