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PROPOSAL TO REVISE POLICE DISCIPLINE PROCESS

Posted on 06/07/2024

The City Council approved a report from the Public Safety Committee regarding recommendations and implementation plans to modify Charter Section 1070 in connection with the Los Angeles Police Department (LAPD) Board of Rights (BOR).

The following are some of the recommendations set to be placed on the Nov. 5, 2024, general election ballot as a stand-alone measure to amend the charter: change the composition of the BOR to one sworn officer with the rank of Captain or above, and two Civilian Hearing Officers, grant the Chief of Police the power to terminate a peace officer for cause described in California Senate Bill 2 (SB 2) prior to an appeal process outside of BOR; establish binding arbitration as the appeal process; and require that all terminated officers be afforded an appeal process after termination.

The report notes that Los Angeles Charter Section 1070 establishes that the BOR process is responsible for imposing discipline on sworn officers. In 2017, Measure C was adopted, which changed the composition of the board to three Civilian Hearing Examiners. After two years, LAPD reported on the outcomes of hearings by panels of three civilians and found them to be more lenient on officers accused of misconduct than those with sworn officers.

Additionally, the report notes that the Chief cannot currently fire employees; they can only recommend that the BOR authorize their dismissal. Today, the state has a decertification process established via SB 2—a bill aimed at increasing accountability for law enforcement officers who commit serious misconduct and illegally violate a person's civil rights, such as excessive force, sexual misconduct, and dishonesty.

The City Attorney, with the assistance of the Chief Legislative Analyst and City Administrative Officer, is to prepare a resolution to place the recommendations on the upcoming election ballot. That resolution is to come to the Council for a final vote.

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