officers - The Black Vault

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Probationary LAPD Offi s s Not Entitled to Board
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By HOLLY J. WAGNER
City News Service
LOS ANGELES CCNS> - A judge ruled today that Los Angeles police Officer
Timothy Wind, t"elieved of duty for his t"ole in the Rodney King beating, :is
not entitled to the same departmental hearing that long-term officers would
receive.
But Wind's attorney, Patrick Thistle, said he probably will appeal the
ruling.
Los Angeles Superior Court Judge Stephen O'Neil ruled that the
administrative hearing -- begun by Wind before he sued the city -- affords
probationary officers ample constitutional protection.
''Officer Wind, in this court's view, was provided with constitionally
adequate due process protections with respect to the city's termination (of
him>,'' O'Neil said.
Wind was one of four Los Angeles police officers relieved of duty
because of their involvement in the March 3, 1991, beating of King.
A jury in Simi Valley acquitted him of criminal charges stemming from
the incident. But he still faces federal civil rights charges, along with
the rest of his administt"ative appeal, if he wants to hang onto his job.
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o~i"hts Hearings
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Becaus~ Wind was a probationary officer at the time of the beating, he
was relieved of duty without the usual LAPD Board of Rights hearing
afforded longer-term officers. Today, Thistle argued his client should have
had such a hearing.
The City Charter provides that probationary employees may be fired
without the same level of hearing that long-term employees must receive
before they are let go.
But in another section the charter states that police officers are
entitled to a Board of Rights hearing, similar to a military court martial,
by three command-level officers.
''Unless the charter has changed, some unilateral action taken by the
city or the police chief cannot act to subvert the charter,'' Thistle
ar"gued.
At issue was which section applies to probationary police officers.
Probationary officers receive an administrative hearing before a single
hearing officer. The hearing is to give the officer a chance to clear his
name, Deputy City Attorney David Hotchkiss said.
In both types of hearing, the officials review testimony and evidence
about the alleged misconduct, and the officer facing charges is allowed to
call witnesses and present evidence in his defense, he said.
Wind began that process but stopped in the middle, Hotchkiss said, then
sued the city for reinstatement, a Board of Rights hearing and back pay for
the period he is relieved of duty.
He agreed to give up his claim to back pay in exchange for postponing
the adminsitrative procedures, Hotchkiss said.
Thistle said the administrative hearing process for probationary
officers is ''one-sided'' and dept"'ives the officers of their t"ight to dt.le
process under the law.
''They bring in a stack of paperwork and the hearing officer says, 'I'vd
decided you're guilty, change my mind,''' he said.
Thistle said he will wait for direction from Wind on whether to appeal,
but he thinks a higher court should decide the matter.
"I think it's important that it's appealed," he said. "I'd very much
like to keep the issue alive. These charges are stigmatizing, and they'll
follow