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Hahn Showed Guts in Shunning Chief Parks

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Erwin Chemerinsky is a constitutional law professor at USC.

Mayor James K. Hahn’s decision to oppose reappointment of LAPD Chief Bernard C. Parks is an act of political courage. Hahn never would have won election as mayor without strong support from the African American community. Yet despite vocal support for Parks among African American leaders, Hahn decided that the Police Department would be better off with a new chief. The mayor is to be applauded for making this decision on the merits and not based on pleasing a crucial constituency.

Although undoubtedly painful and potentially divisive, Hahn made the right choice for Los Angeles. Parks unquestionably has many strengths as chief. He is a person of impeccable integrity and a tough disciplinarian who rose through the ranks.

Despite his experience and virtues as chief, a change at the top is essential. Morale among the rank and file is desperately low. A year and a half ago, I did a report on the Rampart scandal at the request of the Police Protective League, and in talking with dozens of officers, I was startled by the low morale. A study by PricewaterhouseCoopers, commissioned by the Police Commission, came to the same conclusion.

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Although many factors contribute to the dispirited attitude of so many officers, the most important is a lack of confidence in Parks. Officers widely perceive him as an arbitrary disciplinarian, at times imposing tough sanctions for minor infractions, while at other times giving a slap on the wrist to command staff who commit serious violations. Officers believe that Parks frequently undermines the independent Board of Rights procedure by influencing how panel members adjudicate disciplinary cases.

Whether these perceptions are accurate is less important than that they are widespread among officers. The Police Protective League, the official police union, strongly opposes Parks’ reappointment. The reality is that no chief can succeed, and certainly cannot accomplish reform, with such intense opposition from those he is supposed to lead.

Hahn also made the right choice because it is clear that Parks is not the person to reform the LAPD. The revelations concerning the Rampart scandal show that reform is imperative. Officers planted evidence to frame innocent people and lied in court to gain convictions.

The extent of the Rampart scandal never has been known and now probably never will be. Parks is responsible for this because he successfully opposed an independent investigation by a commission with subpoena power and the authority to grant immunity to officers from discipline for not having previously reported misconduct.

Parks never has been willing to acknowledge the serious problems reflected by the Rampart scandal. A chief who does not recognize the problem cannot be the one to solve it.

Every study of the LAPD has shown an essential need for reform. Parks, though, has opposed all such efforts, particularly if they involve any outside oversight. He resisted investigation of Rampart by the district attorney and went so far as to order his department not to cooperate. Both the California attorney general and the city attorney ordered Parks to rescind his order.

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Parks opposed the consent decree between the federal Department of Justice and the city to reform the LAPD, going along only when it was obvious that there were sufficient votes in the City Council to make it happen. Parks has consistently obstructed the work of the inspector general within the LAPD by denying access to information and refusing to cooperate.

Simply put, Parks embodies the culture of the LAPD and is not the person to change it.

Now is the time for others in city government to show the same courage as Hahn. The Police Commission, whose members were appointed by Hahn, should immediately express its support for the mayor’s decision. Under the City Charter, the Police Commission could reappoint Parks, notwithstanding the mayor’s views. The City Council then could overturn the commission by a two-thirds vote. The commission should spare the city such a divisive fight and announce its agreement with the mayor.

No one should rejoice at the mayor’s difficult decision. Parks served the city well for more than two decades. But Hahn did the right thing for the right reason: The LAPD needs a new leader.

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