Action on Anti-Terrorism Measure Delayed

The Los Angeles Police Commission postponed action Tuesday on an anti-terrorist measure that would apparently increase the police chief’s ability to authorize an undercover investigation in the case of a life-threatening emergency.

The decision was delayed because copies of the proposed changes to existing anti-terrorism guidelines were not distributed to the public before the vote, an apparent violation of the state’s open public meeting law.

Currently, a committee that includes a member of the commission must authorize undercover investigations, according to Assistant City Atty. Debra Gonzales, who has seen the proposal.

The change would provide an alternative under circumstances in which the committee could not immediately be convened, she said. In that case, the police chief would make the decision and notify the panel by telephone as soon as possible.

With evident annoyance, commission President Rick J. Caruso agreed to table the measure after the board’s attorneys told members that state law requires that such proposals be made available to the public 24 hours prior to a board meeting. Despite requests from news organizations before and during the meeting, no copies of the proposal were released by the commission staff.

Earlier in the morning, Caruso had brushed off an attempt by representatives of City Atty. Rocky Delgadillo to delay the vote because his office hadn’t been given a final draft until Friday. That, Gonzales said, had not allowed Delgadillo’s staff enough time to review it.

But Caruso was clearly eager for the measure to be enacted quickly. “Given the state of affairs in this country, I don’t think it’s appropriate or wise to wait,” he said.

Just as the board was to vote, activist Ted Hayes rose to object. Commission staff and lawyers confirmed that the potential existed for a violation of the Brown Act--the state’s open meeting law.

“I don’t want to tell you what I think, so I won’t,” Caruso snapped. “People need to do their jobs appropriately around here so we don’t end up wasting our time.”

The motion, which affects the operations of the Los Angeles Police Department’s Anti-Terrorist Division, also contains provisions described by Gonzales as mostly technical alterations in language to eliminate confusion over existing policies.

“I cannot say I have any problem with any of it,” Gonzales added. “But I think the issue is, we always have to balance the need for public safety with civil liberties.”