officers - The Black Vault

.
. The ·mayor met with Gates o.
Tuesday in an unsuccessful effort
to persuade him to resign and
then publicly called for the chiefs
resignation, saying the controversy
was tearing the city apart, and
. Gates' campaign to save his job
; was divisive.
Bradley refused to discuss the
possibility of the council blocking
the commission's action, saying:
"I'm not going to comment on
something as speculative as
that."
Deputy Mayor Mark Fabiani
added: "I think the council will
understand that, once they get
: over the initial display of anger,
this is something that ought to
be resolved by a judge."
After voting to put Gates on
leave, members of the Police
Commission - Dan Garcia, Melanie
Lomax and Sam Williams
- named Assistant Chief David
D. Dotson, 57, to serve as acting
chief until it completes an investigation
to determine whether
Gates should be disciplined fur-
. ther.
In being placed on inactive
duty with full pay and benefits,.
Gates was ordered by the commission
to remain on call at his
home and to refrain from taking
.any action as chief of police.
. While on leave, he will continue
·to draw his salary of $14,000 a
month.
Garcia said the commission
acted because of "serious allegations
of mismanagement and/or
neglect of duty" against Gates
and because it is "contrary to the
best interest of the .department
for the chief of police to remain
on active duty."
"This assignment to inactive
duty is not a disciplinary or punitive
action and reflects no conclusion
whatsoever as to whether
we will charge or discipline the
chief in the future," he said.
The commission will investigate
to determine whether
charges should be brought against
Gates for "mismanagement, neglect
of duty or any other breach
of duty," Garcia said.
Civil rights advocates and
some elected officials have called
on Gates to resign, saying his re-:
-sponse to the King beating· and
his actions and comments over
the years - including a statement
that blacks are more prone
to injury from chokeholds than
"normal peqp!e" - have ~ncouraged
brutality among pobce
officers.' .
Garcia cited two sections of
the City Charter as the legal authority
for placing Gates on
leave.
Section 78 gives the commission
power "to supervis~, control,
regulate and manage the department."
Section 79A says the
·commission "may issue instructions
to the general manager of
its department concerning his ex·
ercise ~f any of the powers conferred
upon him by the charter."
Garcia also .cited Section
31840.10 of the LAPD 1991
Manual that permits an employee
to be placed on inactive duty
"when it is contrary to the best
interests ofthe department for an
employee to continue their regular
duties pending an ·investigation."
·Gates, 64, a 42-year LAPD veteran
who has served as chief for
13 years, was handed the order
near the end of the meeting.
He .said the commission did
not provide him with specific
charges on which the action was
based.
"None whatsoever," he said.
"I think it is illegal and inap­
: propriate," GUles said.
•
But he added later, ~·I would
not dispute their authority. I understand
that would be insubordination."
Gates has acknowledged that
insubordination could be
grounds for suspension without
pay or firing. .
The attorneys representmg
Gates, Jay Grodin and Harry G.
Melkonian, said they will go to
court Monday to seek a reinstatement
order and an order to show
cause. ·
Melkonian said Gates will seek
a full-evidentiary hearing, which
might take as long as 30 days to
schedule, rather than a ~emporary
restraining order that
would put Gates back on active
duty immediately.
The full hearing could include
testimony or depositions from
Mayor Bradley, his staff, council
members and commissioners
who could show wfia'(went on
,behind the scenes that led to the
commission's action, said Melkonian.
Gates said he believes Bradley
orchestrated the efforts to suspend
him - a charge the mayor
has denied. ·
"I said before that I have· to be-
L