Motion by Supervisor Zev Yaroslavsky

May 23, 2000

MOTION BY SUPERVISOR ZEV YAROSLAVSKY

In March of this year, in response to the corruption case unfolding inside the Los Angeles Police Department's Rampart Division, Sheriff Lee Baca proposed hiring a civilian to head the Internal Affairs Division of the Sheriff's Department; and, retaining retired judges to review the results of Sheriff's disciplinary investigations. In April, he formalized his proposal and recommended establishment of an "Office of Independent Review" of Sheriff's administrative and criminal investigations.

Sheriff Baca's proposal represents a significant departure from the traditional manner in which police agencies conduct internal investigations and administer discipline relating to police misconduct. Allowing outsiders, particularly those with knowledge of law enforcement, to participate in the administration of discipline within the Sheriff's Department will be good for our police agencies and good for society at large. As underscored by Sheriff Baca, enactment of these proposals could ensure that investigations are conducted "not from a cultural perspective but [to better determine] what is right and what is wrong."

This proposal could have a substantial impact on the outcome of lawsuits involving Sheriff's Deputies who are accused of using excessive force, or otherwise violating the civil rights of residents. By bringing a new perspective to bear on disciplinary investigations, the County may be able to better respond to these lawsuits and mitigate the amount of damages paid. The Board has discussed this proposal in closed session during its discussion of pending litigation and has ordered County Counsel, the Chief Administrative Officer, the Sheriff and other staff to further develop the idea. Sheriff’s officials have continued to work diligently with Board offices and others to flesh out the proposal. As of this time, however, the cost of creating this unit has not been quantified and funds have not been requested for it.

I THEREFORE MOVE that the County Counsel, the Chief Administrative Officer, and other appropriate staff, including Special Counsel Merrick Bobb, be instructed to join forces with the Sheriff and bring a workable, cost-effective and detailed plan for an Office of Independent Review, including costs and a funding source, to the Board for consideration at its June 13 meeting.