officers - The Black Vault

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NOV 0 :) 1992
Wind Running Out of Steam
Judge Won't Give Job Back to Officer in King Case
By Lauren Blau
Dally Journal Sta11Wrlter
The admiliistrative procedure used by
the Los Angeles Police Department to
discipline a tookie officer charged in the
ilea.fing of black motorist Rodney G. King
is' constitutional, a judge ruled Wednesday.
Th~ decision by Los Angeles Superior
Court Judge Stephen E. O'Neil upholding
the policy effectively means that Officer
Timothy E. Wind has lost his battle in a
trial court to regain his job, his attorney
Patrick J. Thistle said. Wind v. City of Lcs
Angeles, BC011288.
Wind, Sgt. Stacey C. Koon, Officer Laurence
M. Powell and Officer Theodore J.
Briseno are scheduled to go to trial Feb. 2
on charges of federal civil rights violations.
The officers were acquitted last
April by a Superior Court jury in Simi Valley
of excessive force charges. Wind has
been relieved of duty without pay and ts
still involved in the administrative appeal
process, Deputy City Attorney S. David
Hotchkiss said.
Thistie said he plans to appeal O'Neil's
ruling.
Hotchkiss, who represents the police
department ·iii ·the-ease; ·said the city ts
pleased. with the ruling, especially because
it has been litigating the issue with
the Los Angeles Police Protective
League involving individual officers since
1981.
"This [ruling] affects all sworn probationary
employees of the police department,"
Hotchkiss said.
O'Neil ruled that the city's procedures
are constitutional and were adopted following
compliance with the state's requirement
of negQtiating with union employees.
The judge also ruled the department's
policy complies with the Public
Safety Officers' Procedural Bill of Rights
Act, which requires that all peace officers
be afforded the opportunity for an administrative
app~.
Disagreement on Issue
Thistle said he disagreed with O'Neil's
reasoning that the issue is whether the
police department's policy is constitutional.
The attorney contended the appropriate
issue to be considered is whether provisions
of the City Charter dealing with
disciplining police officers are applicable
to a situation such as Wind's.
"Even if the new policy meets minimum
due process standar:ds, it still
doesn't serve to change the charter,"
Thistle contended. -
The charter allows probationary officers
to have a procedural hearing, such as
the department's Board of Rights hearings,
Thistle said.
Wind sought a Board of Rights hearing,
but his request was denied.
Discharge Rescinded
After the videotape of King's March 3,
1991, beating was .broadcast, the police
took internal action to investigate and discipline
officers.
Wind, a probationary employee, was
given notice that he was going to be fired
and advised he had the right to appeal,
Hotchkiss said. A hearing officer subse- I
quently recommended termination and
Wind was fired.
After then-Police Chief Daryl F. Gates
reviewed Wind's firing, he rescinded the
discharge order and reopened the appeal
process, Hotchkiss said. Wind's administrative
appeal is still pending.
Hotchkiss said it would be possible for
Wind to be reinstated if he can convince
Police ChiefWillie Williams he did not use
excessive force in helping arrest King and
did not author or submit a false police report.
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