Voters make Gates issue moot, city attorney's office says, 1991-06-13 |
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l$Jcr^~ (*//2>/?/f.£3
Voters Made Gates Issue Moot,
City Attorney's Office Says
By LOUIS SAHAGUN
TIMES STAFF WRITER
The Police Commission's appeal of a Los Angeles court
. ruling reinstating Police Chief
Daryl F. Gates should be
thrown out because the city's
voters recently passed a charter amendment giving the City
Council new powers over the
' commission, the city attorney's
office said Wednesday.
The commission appealed
along with the Southern Christian Leadership Conference after a Superior Court judge
ruled May 13 that the City
Council could reinstate Gates
as part of a settlement of a
lawsuit the chief had filed
against the city.
But the passage of Charter
Amendment 5 in the June 4
election "takes the wind out
the sails of the Commission and
the SCLC" and renders their
appeal "essentially moot from a
government perspective,"
Senior Assistant City Atty.
Frederick Merkin said in a
memorandum filed Friday with
the state Court of Appeal.
Peter Haviland, an attorney
representing the SCLC, said,
"We should prevail on the
appeal. What the City Council
did was illegal and Charter
Amendment 5 does not change
that."
The charter amendment allows the City Council to review
and overturn all actions by city
commissions, including the Police Commission.
On April 4, the commission
placed Gates on administrative
leave, pending completion of
an investigation into the Rodney G. King case.
The next day, after Gates
threatened to sue, the City
Council voted to reinstate him
as a settlement for the suit,
which had not yet been filed.
Judge Ronald Sohigian reinstated Gates, saying the City
Charter gave the City Council
control over litigation. In appealing the decision, the commission and the SCLC argued
that the City Council acted
improperly and misinterpreted
the 66-year-old City Charter.
Merkin said that with the
passage of Charter Amendment 5, the appeals have been
overtaken by historical events.
"In a nutshell," Merkin said,
"It doesn't make a lot of sense
for the commission to claim
ability to control litigation at a
time when the commission's
decisions can be substantially
controlled by the City Council."
Object Description
| Title | Commission meetings, 1991-05-23 - 1991-06-15 |
| Description | Commission meetings, 1991 May23 - June 15. PART OF A SERIES: Materials in the series fall into one of several categories related to the Independent Commission's work product: (1) Commission meeting materials, which include meeting agendas, work plans, memoranda, and articles about police misconduct that were circulated and reviewed during the Commission's internal meetings; (2) public correspondence, which includes citizen complaints against the LAPD in the form of written testimony, articles, and an audio cassette tape, as well as letters drafted by citizens in support of the LAPD; (3) summaries of interviews held with LAPD officers regarding Departmental procedures and relations; (4) public meeting materials, which include transcripts, supplementary documents, and witness statements that were reviewed at the Commission's public meetings; (5) press releases related to the formation and work product of the Commission; and (6) miscellaneous materials reviewed by the Commission during its study, including LAPD personnel and training manuals, a memorandum of understanding, and messages from the LAPD's Mobile Digital Terminal (MDT) system. |
| Coverage date | 1930/1991; 1991-05-22; 1991-05-23; 1991-05-25; 1991-06-05; 1991-06-07; 1991-06-11/1991-06-14 |
| Publisher (of the digital version) | University of Southern California |
| Date created | 1991-05; 1991-05-23; 1991-05-29; 1991-06-05; 1991-06-07; 1991-06-11/1991-06-13 |
| Date issued | 1991; 1991-05; 1991-05-29; 1991-06; 1991-06-09; 1991-06-13; 1991-06-15 |
| Type |
texts images |
| Format | 167 p. |
| Format (aat) |
agendas (administrative records) articles clippings (information artifacts) correspondence interviews memorandums plans (reports) |
| Format (imt) | application/pdf |
| Language | English |
| Contributing entity | University of Southern California |
| Part of collection | Independent Commission on the Los Angeles Police Department, 1991 |
| Series | Independent Commission file list |
| File | Commission meetings |
| Box and folder | box 22, folder 14 |
| Provenance | The collection was given to the University of Southern California on July 31, 1991. |
| Rights | This work is licensed under a Creative Commons Attribution 4.0 International License. https://creativecommons.org/licenses/by/4.0/ All requests for permission to publish or quote from manuscripts must be submitted in writing to the Manuscripts Librarian. Permission for publication is given on behalf of Special Collections as the owner of the physical items and is not intended to include or imply permission of the copyright holder, which must also be obtained. |
| Physical access | Contact: Special Collections, Doheny Memorial Library, Libraries, University of Southern California, Los Angeles, CA 90089-0189; specol@dots.usc.edu |
| Repository name | USC Libraries Special Collections |
| Repository address | Doheny Memorial Library, Los Angeles, CA 90089-0189 |
| Repository email | specol@dots.usc.edu |
| Filename | indep-box22-14 |
Description
| Title | Voters make Gates issue moot, city attorney's office says, 1991-06-13 |
| Description | Louis Sahagun "Voters make Gates issue moot, city attorney's office says" Los Angeles Times (1991 June 13): B3. |
| Creator | Sahagun, Louis |
| Publisher (of the original version) | Los Angeles Times |
| Place of publication (of the original version) | Los Angeles, California, USA |
| Date issued | 1991-06-13 |
| Type | texts |
| Format | 1 p. |
| Format (aat) | clippings (information artifacts) |
| Format (imt) | image/tiff |
| Contributing entity | University of Southern California |
| Series | Independent Commission file list |
| File | Commission meetings |
| Box and folder | box 22, folder 14, item 21 |
| Physical access | Contact: Special Collections, Doheny Memorial Library, Libraries, University of Southern California, Los Angeles, CA 90089-0189; specol@dots.usc.edu |
| Full text | l$Jcr^~ (*//2>/?/f.£3 Voters Made Gates Issue Moot, City Attorney's Office Says By LOUIS SAHAGUN TIMES STAFF WRITER The Police Commission's appeal of a Los Angeles court . ruling reinstating Police Chief Daryl F. Gates should be thrown out because the city's voters recently passed a charter amendment giving the City Council new powers over the ' commission, the city attorney's office said Wednesday. The commission appealed along with the Southern Christian Leadership Conference after a Superior Court judge ruled May 13 that the City Council could reinstate Gates as part of a settlement of a lawsuit the chief had filed against the city. But the passage of Charter Amendment 5 in the June 4 election "takes the wind out the sails of the Commission and the SCLC" and renders their appeal "essentially moot from a government perspective," Senior Assistant City Atty. Frederick Merkin said in a memorandum filed Friday with the state Court of Appeal. Peter Haviland, an attorney representing the SCLC, said, "We should prevail on the appeal. What the City Council did was illegal and Charter Amendment 5 does not change that." The charter amendment allows the City Council to review and overturn all actions by city commissions, including the Police Commission. On April 4, the commission placed Gates on administrative leave, pending completion of an investigation into the Rodney G. King case. The next day, after Gates threatened to sue, the City Council voted to reinstate him as a settlement for the suit, which had not yet been filed. Judge Ronald Sohigian reinstated Gates, saying the City Charter gave the City Council control over litigation. In appealing the decision, the commission and the SCLC argued that the City Council acted improperly and misinterpreted the 66-year-old City Charter. Merkin said that with the passage of Charter Amendment 5, the appeals have been overtaken by historical events. "In a nutshell," Merkin said, "It doesn't make a lot of sense for the commission to claim ability to control litigation at a time when the commission's decisions can be substantially controlled by the City Council." |
| Filename | indep-box22-14-21.tif |
| Archival file | Volume70/indep-box22-14-21.tif |
