officers - The Black Vault

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Gates to Challenge
Commission
. . . --
Decision in Court
il;.,.
~· Leave: He says he has not been accused of
.'Yrongdoing. Panel's ruling is similar to the treatment
.the chief dealt officers charged in King beating.
By TED ROHRLICH
and FRANK CLIFFORD
'TIMES STAFF WRITERS
·Los Angeles 'Folice Chief Daryl:
F.~ Gates plans to go to court
Monday to challenge the Police
Commission decision to place him
on paid leave, claimmg that he has
been disciplined without first having
been accused of wrongdoing.
·Gates' relegation to inactive duty
1
I by the Police Commission amounts
to the same treatment he gave the
four officers who are charged
I , . criminally with the beating of
Rodney G. King-the incident that
I has led to the city's crisis _in law
1 enforcement leadership.
. Gates' supporters charge that
, the difference is that in the chief's
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I
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case there has been no-accusation
of wrongdoing.
"There has been a fundamental
violation of the chief's rights," said
a Gates lawyer, Jay Grodin. "I feel
very confident we are going to
prevail in the legal system." .
.Grodin said the .Police Commission
gave Gates no reason for its
decision to force him to take a
'leave of absence. "There were no
allegations," he said.
The Police Commission itself
said in a public statement that
it was not accusing the chief of
wrongdoing, but that the action
was taken "in light of recent and
serious allegati9ns of mismanagement
and/or neglect of duty by the
chief of police." The commission
did not elaborate.
The action taken against Gates is
LOS ANGELES TIMES
Date: FRONT SECTION PAGE 22
Edition: FRI APRIL 5 , 1g 91
GATES TO CHALLENGE
Ti'eO:t-lMISSION DECISION IN COUR'
Character:
or
Classification:
CIVIL RIGHTS
8 0-3 3 B
Submitting Office:
lOS ANGELES
Indexing:
SEARCHED·--- INDEXED·---1
SallAUZEO·--- fll£D·----t
APR 1 0 1991
customary when an officer faces a
serious accusation-usually a
criminal charge. But without a
charge, "there is no precedent for
what was done," said Harry Melkonian,
another lawyer for Gales.
David Baca, former vice president
of the Los Angeles Police
·Protective League and now a law.
yer practicing in Orange County,
said that "in rare circumstances
where there are serious allegation~
of misconduct, the chief will sometimes
exercise discretion and re­
'lieve an officer of duties pending an
investigation. ·
"Generally, it's reserved for
very .serious kinds of misconduct,
Baca said. "He doesn't exercise
that often. But it does happen. . . .
There is no formal guideline for
him in making his decision. . . .
More typically he would await
completion of an investigation." ·'
Gates' legaL dispute may center
· on interpretation of the police
~anual, which says: "When it is
contrary to the best interests of the
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