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Free
the LA Times Reporters
by
LA Police Commission President Rick J. Caruso
June 19, 2003
For the second
time in the past few months, the Los Angeles Times has expressed
editorial concern regarding the
authority of the
Police Department’s Inspector General. This time those concerns
appeared under the banner, “Free the Inspector General.” But,
it seems that responsible journalism, not to mention basic logic,
require at least some exploration of the shackles you feel should
be removed from the Inspector General.
Before answering
that question, it is important to understand exactly what the
Inspector General’s role is. In its benchmark
1991 report, the Independent “Christopher” Commission
recommended that, “…the Police Commission staff include
an Inspector General who would be responsible for overseeing the
receipt of citizen complaints, monitoring the progress of complaints
through the Internal Affairs Division (IAD) investigative process
and auditing the results of IAD’s investigations.” That
report also recommended that, “The Inspector General would
report to the Police Commission under the supervision of the Chief
of Staff, and would have a small staff to assist in the performance
of duties related to citizen complaints.”
Since the Christopher
report, the City Charter has been amended twice, once establishing
the position of Inspector
General and
the second making the Inspector General report directly to the
Board of Police Commissioners. In 2000, the Board established work
rules for the Inspector General to ensure that there was a clear
understanding of the IG’s authority, duties and responsibilities.
Those work rules clearly state that the IG “…is empowered
to initiate and conduct investigations of the Department, without
limitation as to the type of activity of the Department, including
ongoing and in-progress matters...” The only restriction
is that the IG must inform the Commission of those investigations
and that the Board may direct the IG to cease an investigation.
There have
been suggestions that the LAPD’s Office of the
Inspector General (IG) should be more like the Los Angeles Sheriff’s
Office of Independent Review (OIR). After comparing and contrasting
the two, I disagree with that approach. While the goal of each
office is similar, that being oversight of a law enforcement agency,
the structure of the two agencies could not be more different.
The Sheriff is an independent, elected public official who relies
on the County Board of Supervisors primarily for budgetary purposes.
The Office of Independent Review reports directly to the Board
of Supervisors, which provides the OIR with a public platform for
its views. But, the Board cannot force change within the Sheriff’s
Department.
Contrasted with that ability to influence, but not
direct, is the City system of governance that places the Board
of Police Commissioners at the head of the Department. As the Chief’s
immediate supervisor, the Commission has the ability to hear the
Inspector General’s views and, where appropriate, order change
within the Department. This system places the Inspector General
in a very strong position, a position that would be diluted if
it were moved away from the authority of the Board to order change.
So, exactly
what is it that the IG should be freed from? The bottom line
is that nearly every one of us works for
and is answerable
to someone. Ironically, the best example of that is found in the
media itself. Our founding fathers recognized that a well-informed
populace was a cornerstone of democracy. That principle was so
important to them that they crafted a Constitutional amendment
guaranteeing freedom of the press.
But, as any reporter knows full
well, even those guardians of the public’s right to know
must answer to their editors. So, is an editor infringing on freedom
of the press every time he or she exercises supervisory discretion
over a reporter? Of course not, because it is the editor’s
job to make sure that limited resources are used wisely. So too,
the Commission exercises its authority over the IG—not to
hide information from the public, but to make sure the power of
that office and its limited resources are used wisely. Perhaps
some IGs have found that oversight inhibiting, but those are the
realities of the adult world—everyone works for someone.
And it is wholly appropriate for the IG to work for the Commission,
a five-member board of community members who are the head of the
Police Department.
EDITORIAL
Free the Inspector General
May 27, 2003
Los
Angeles voters called for strong and independent oversight
of the Police Department when they
voted to create the position
of inspector general. Seven years and three inspectors general
later, Police Commission President Rick Caruso seems to have
forgotten that message. The office, he told The Times, exists
to be "the eyes and ears of the commission." No,
it exists to be the eyes and ears of the public.
Caruso last week brushed off a call by City Council members
Cindy Miscikowski and Jack Weiss to strengthen the office,
which in its brief history has not had the authority to thoroughly
investigate misconduct complaints. The two previous inspectors
general left after butting heads with Bernard C. Parks, then
the police chief and now a city councilman. (The commission
recently named Andre Birotte Jr., a former federal prosecutor
and assistant inspector general, to the post.)
Caruso
claims that such infighting is history. But even if Police
Chief William J. Bratton lives up to
his promise
of cooperation, he — and Caruso — will not be
around forever. Bratton's vow to be open makes this an ideal
time to give the watchdog clout that would survive future
changes. Miscikowski and Weiss have asked the council to
put together a group of police reform experts, police officers,
commissioners and representatives of the mayor, the city
attorney and the council to strengthen the office. Increasing
the power of the inspector general might require a city ordinance
or a charter change.
A Times story last week underscored the need for oversight.
It disclosed that in recent years internal LAPD investigations
of 96 officers were submitted to prosecutors after the legal
time limit had expired. Miscikowski and Weiss want to give
Birotte leeway to participate in misconduct investigations
from the outset rather than waiting until the LAPD is finished,
as is the case now. They also would have the watchdog report
periodically to the full City Council. This has particularly
ticked off the turf-conscious Caruso, never mind that the
council represents the very voters who created the office.
Commissioners,
who are appointed by the mayor, would continue to hire
and oversee (and fire) inspectors general. But it's
fair to ask just where they have been — not just the
current commissioners but their predecessors — in the
years that an insular and secretive LAPD rebuffed civilian
oversight, including the commission's. History argues that
more eyes are needed. Voters agreed.
.
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