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Blueprint
for Blue Ribbon Rampart Review Panel
. . . funding the plan will begin the process
December 2, 2003
At today's Police Commission meeting Andre Birotte, Commission Inspector
General, requested a small amendment to the Policies and Authority
relative to the Inspector General's work with the recently formed
Blue Ribbon Rampart Review Panel. The Commission approved the change,
so now the document below, which outline the plan, will be forwarded
to the Mayor and City Council.
Funding for the work of the Rampart Panel, estimated at $367,000,
will be coordinated by the nonprofit Los Angeles Police Foundation,
which states, "The mission of the Los Angeles Police Foundation
is to support and promote public safety through partnerships which
provide resources to help the Los Angeles Police Department perform
at its highest level in service to the community."
Tax deducible donations have been accumulating from many of LA's
most prominent law firms and placed in a special account dedicated
to the Blue Ribbon Rampart Review Panel.
Here's the presentation Andre Birotte made to the Police Commission:
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BLUEPRINT
FOR OPERATIONS OF THE
BLUE RIBBON RAMPART REVIEW PANEL
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It
is recommended that the Board approve this report and transmit
it to the Mayor and City Council for approval. This report
has been developed to address the operational issues required
to facilitate the Police Commission's Blue Ribbon Rampart
Review Panel (Panel) in the performance of it's mission. This
report recommends that the Board adopt several action items
and, where applicable, transmit those recommendations and
requests to the Mayor and City Council for approval. Those
action items include:
| 1. |
RECOMMEND
and REQUEST that the City Council) waive any conflicts
that may exist for appointees to the Panel; |
| 2. |
RECOMMEND
and REQUEST that the City approve the Panel's request
that the City agree to defend, indemnify and hold harmless
the Panel members for civil liability in performing services
for the Commission and the City to the same extent as
that afforded to regular City employees. (This would not
apply to any claim for worker's compensation benefits.) |
| 3. |
REQUEST
that the City Attorney, City Council, Mayor's Office,
City Risk Manager and other appropriate Departments' work
with Commission staff to identify a method of establishing
an expeditious process for the receipt and disbursement
of donated funds consistent with City requirements. |
| 4. |
DIRECT
Panel members, upon Mayor and City Council action on this
report, to begin working on their assigned mission. |
| 5. |
ADOPT
a finding that the mission of the Blue Ribbon Rampart
Review Panel is of utmost necessity in the effort to restore
pride and trust in this organization and make it the finest
police department in the world and, further, find and
declare that there is an urgency for the Blue Ribbon Rampart
Review Panel to begin its mission as soon as possible. |
Andre Birotte, Jr., Inspector General
Board of Police Commissioners
Attachment
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Here's
the actual plan of action:
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~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
Blueprint
for Operations
of the
Blue Ribbon Rampart Review Panel
November 17, 2003
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On
July 22, 2003, the Board of Police Commissioners (Commission)
adopted the attached Resolution declaring the formation of
the Blue Ribbon Rampart Review Panel (panel) to analyze the
causes of and responses to the Rampart Area police corruption
scandal (Attachment 1).
EDITOR'S
NOTE: Click here to see the LACP article which lists the 10
members:
Rampart Panel
Established
July 23, 2002
That
Resolution included the following mission statement for the
Panel:
| "The
Panel's mission is to investigate and review the response
by the City and others to the Rampart Area scandal in
order to determine the extent to which the underlying
causes for the scandal have been identified and addressed.
The Panel will make findings regarding the adequacy of
the City's response and will make recommendations for
reforms designed to prevent any such event from ever occurring
in the future. The Panel's efforts will result in a report
to the Police Commission, which the Commission will make
available to the public." |
Neither discipline nor prosecution is the aim of this Panel.
Therefore, the Panel is not expected to retrace past investigations
of the scandal nor will it investigate any alleged acts of
misconduct. Rather, the Panel will focus on the City's response
to determine whether the core causes of the scandal have been
identified, the appropriate policies and procedures established
to address the issues, and the proper protocols put in place
to facilitate various agencies, e.g., LAPD, the District Attorney
and federal authorities, in dealing effectively with any similar
event that may occur in the future.
The Commission's Resolution recognized that further action
would be required to address issues relating to the Panel's
operation and service by its members. That includes obtaining
all necessary approvals from the Mayor, City Council, and
other City officials to ensure that the Panel operates in
compliance with all City policies and procedures. This report
was prepared to identify and resolve those operational issues.
Upon approval by the Commission, this document will be forwarded
to the Mayor, City Council, and City Attorney for their review
and approval, " as many of these issues require their final
approval on behalf of the City.
|
1.
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Panel
Operations. In fulfilling its mission, the Panel will
operate as an extension of the Commission working through
the Commission's Office of the Inspector General. This
will ensure that the Panel has full access to the Inspector
General's insight, experience, and authority. That includes
access to Department records, full and complete access
to Department personnel and the depth of information that
has been accumulated by the Office of the Inspector General.
While the Panel will use its own judgment regarding the
conduct of its inquiry and the content of its report,
establishing a close working relationship between the
Panel and the Inspector General will ensure that the Panel
has ready access to the material and individuals it needs
to complete its mission within the confidentiality and
privilege restrictions governing the Panel. |
|
2.
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Confidentiality
and Conflict Waiver Agreement. A Confidentiality and
Conflict Waiver Agreement is being drafted and will provide
that the information, documents, and other material(s)
received by the Panel members and its staff are, and shall
remain confidential to the extent they are legally privileged
or otherwise unavailable to the public. Once the City
Council approves the agreement in connection with its
waiver of conflicts, the Panel members and their staff
will sign it prior to being given access to any confidential
or privileged information. That agreement specifically
provides any and all materials, documents, notes or other
information obtained from the Department or Commission
as well as any information or material gathered, generated
or prepared by Panel members or their staff shall remain
confidential and be given to and retained by the Office
of the Inspector General upon publication of the Panel's
final report. The agreement will also contain language
addressing future litigation by Panel members, as described
in Section 3B below. |
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3.
|
Legal Conflicts.
A. Each member of the Panel has provided a personal statement
of legal conflicts with respect to their participation
on the Panel and any involvement they may have in litigation
involving the City of Los Angeles (Attachment 2). The
City Council has sole authority to waive any legal conflict
a Panel member may have with the City. The Panel members'
conflict statements have been reviewed and it is recommended
that the Commission request the City Council waive any
conflict that may exist for the Panel members.
B. The Confidentiality and Conflict Waiver Agreement will
also include a provision that there is a conflict of interest
with the City and its employees in future litigation involving
alleged actions or inactions relating to the Rampart scandal
or its underlying causes, against any individual police
officer whose personnel records the Panel member reviews
during the course of the Panel's investigation or any
other litigation based upon information obtained during
the Panel's work. In future litigation arising from these
circumstances, the City, in its discretion, may exercise
its right to disqualify Panel members or their firms from
that litigation. In other representation contexts by Panel
members or their firms against the City or its employees,
the City will not seek to disqualify Panel members or
their firms solely because of their Panel membership.
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4.
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Indemnification.
The Commission should request that the City agree to the
Panel's request that the City agree to defend, indemnify
and hold harmless the Panel members from civil liability
in performing services for the Commission and the City
to the same extent as that afforded to regular City employees.
This indemnification does not apply to any claim for worker's
compensation benefits. Volunteer staff members should
be encouraged to register with the Mayor's Volunteer Program.
All paid staff, consultants, and independent contractors
shall abide by the terms specified in the City's Standard
Professional Services Agreement. |
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5.
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Legal
Representation. Pursuant to City Charter Section 271(b),
the City Attorney will be the Panel's legal advisor. |
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6.
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Brown
Act. The Panel is governed by the State's public meeting
regulations known as the Brown Act and it shall comply
with all of its provisions including agendas, announcement
of meetings, and keeping of minutes. |
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7.
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Subpoena Power. The Panel expects to conduct its
review by interviewing percipient witnesses, reviewing
documentary evidence, and consulting with experts in a
broad range of fields related to police practices. In
general, the panel anticipates receiving broad cooperation
during that process. However, should the need for a compelled
interview arise, the Panel will work through the Inspector
General who will facilitate the use of the Commission's
subpoena power. Pursuant to the Charter, subpoena requests
must be made by the Commission President. |
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8.
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Administrative Immunity. The Commission has recognized
that limited administrative use immunity is an important
component of the Panel's work. The precise language and
parameters of that limited use immunity is being finalized
and will be submitted for approval upon completion. |
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9.
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Department Records. Many records created and maintained
by the Department are readily available to the public.
The Panel will have full access to those public records
and need not return them upon completion of the Panel's
work. However, the Panel shall only access non-public
or confidential records through the Office of the Inspector
General who shall maintain a log of the Panel's access
to those records. The Panel will not be allowed to remove
personnel records including personnel packages and personnel
investigations from the Office of the Inspector General.
The Panel will not be allowed access to medical records
or records maintained by Behavioral Sciences Services
without the written approval of the Police Commission
President. Upon completion of the Panel' s work, records
shall be disposed of in accordance with Section 2 above. |
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10.
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Publication of Report. Prior to publication of
the Panel's final report, the Inspector General, Police
Department and City Attorney must be given an opportunity
to review it solely in order to ensure that any confidential
or privileged material is not improperly disclosed. |
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11.
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Release of Report and Follow-up. The Panel' s report
will be released jointly by the Panel and Police Commission.
Following publication of the Panel's report, the Commission
will establish a process that responds to declined recommendations,
implements accepted recommendations, and reports publicly
on the Department's implementation progress. |
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12.
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Financing. The Board of Police Commissioners will
be involved in raising the funds necessary to support
the Panel's work, including cash and in-kind donations.
The Commission intends to utilize the Police Foundation
to administer the receipt and disbursement of those donated
funds. The Commission should request that its staff work
with the City Attorney, City Council, Mayor's Office,
City Risk Manager, and other appropriate departments to
identify a method of establishing that process consistent
with the City's requirements. |
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13.
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Budget. The following estimated budget has been
developed for the Panel which can be achieved through
a combination of cash and in-kind services:
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$
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250,000
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Investigative
Team |
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30,000
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Clerical
support |
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30,000
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Paralegal
and writing support |
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25,000
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Consultant
services |
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22,000
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Rent,
copying and office supplies |
|
|
10,000
|
Travel
expenses |
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$
|
=======
367,000
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.
Total |
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To read about the Los Angeles Police Foundation, the nonprofit organization
which is raising the money for the Blue Ribbon Rampart Review Panel,
click here:
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Los
Angeles Police Foundation
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