officers - The Black Vault

•
• Judge Ronald M. Sohigian speaks to attorneys in court Monday.
asked both sides in the dispute to
submit additional written arguments
before the April 25 hear-
. ing.
. "Clearly, the judge is saying
·that he needs more time to con­
-1-sider the issues, and he feels that
can be done with the chief on the
job," said Peter L. Haviland, a
·lawyer for the Southe111 Christian
Leadership Conference. "That
·was not a (negative) settlement of
:the issue of what the power of the
Police Commission is."
Hillel Chodos, the attorney
hired by the police commissioners,
said the commission would
abide by the judge's order.
"We don?t consider it a defeat
for the Police Commission,"
Chodos said. "He issued a temporary
restraining order. Unless
--· . .__
it is renewed, it will dissolve at
_specific charges (aiainst. Gates),"
Grodin said. "We are not trying
to take anything away from the
Police Commission.
Police Commissioner Melanie
Lomax said the commission decided
over the weekend to hire
·Chodos "to vindicate our interests"
and because t.he City Attorney's
Office had a conflict of interest
because of its opinion. that
the council could settle .the lawsuit
as the legal governing body
for the city.
"I do think that all that has
happened since last Friday does
not bode well for the Police Commission
and civilian review of
. the Police Departm~nt," Lomax
'said.
·Councilman Zev Yaroslav.sky
·questioned whether the commission
could hire its own lawyer.
He also said the ruling supported
the council action to overturn the
furlough. _ _ __·
"The court has come to essenthe
next hearing.
tially the same conclusion that
· Jay Grodin, an attorney for the decision to remove Gates was
·Gates, said the order meant his done without an adequate reaclient
could return to active duty son," Yaroslavsky said. ·
immediately. ·
Other council members who
"We got exactly what we had supported reinstating Gates
hoped' to get and we consider this were pleased with the ruling and
a great victory," Grodin said. expressed hope that Gates would
"I think the resQlt today clearly no longer be the issue. ·
indicates that the judge recog- "If! was the mayor, I would isnizes
the chiefs fundamental · sue a statement saying, 'Let's put
right to his job," Grodin said. "I this behind us. We have a probthink
that after the (next) hearing lem with the department. Let's
... it will become permanent and get to it,' " said council president
the chief will remain on active John Ferraro.
duty."
·But Councilman Robert Far-
Grodin said that Gates and the · rell, one of three council mem­
City Council acted only to ensure bers who opposed the settlement,
that Gates was afforded his rights said he felt it was only a ternto
due process. porary reprieve for. Gates. ·
"There nev€?r were charges ""':- .. "This just put~ off the inevitable,"
Farrell said. "I think the Po·
lice Com.mission is going· to meeT
in open session. They will put
forward their charges that the
chief should le~ve so they can
continue an investigation."
Attorneys for Gates and the
City Council sought Sohigian's
signature on a settlement that
would enjoin the Police Commission
and the city from enforcing
a directive Thursday placing
Gates on inactive duty.
Under the terms of the agreem'ent,
Gates would be restored to
active duty with full powers as.
chief of police and the city and
Police Commission would be
"permanently enjoined from taking
any action whatsoever to interfere
with the conduct of ...
Gates in connection with his duties
... to the extent that any
such action may be based on the
(Thursday) directive."
In court documents, Gates' attorneys
argued that the Police
Commission's action not only
violated Gates' rights to due process,
but the mandates of the city
charter and police manual, the
Public Safety Officers Procedural
Bill of Rights Act, the Brown Act
and the state and federal constitutions.
·
In their lawsuit, however, the
civil rights coalition charged that
the proposed reinstatement deal
was a "collusive settlement" intended
to undermine the commission's
authority to discipline
Gates and other LAPD personnel.
Daily News staff writers Dawn
Webber and Patrick McGreevy
contributed to this story.