REMARKS OF GEOFFREY TAYLOR GIBBS, ESQ. ON BEHALF
OF THE JOHN M. LANGSTON BAR ASSOCIATION AT THE SPECIAL HEARING
OF THE POLICE COMMISSION OF THE CITY OF LOS ANGELES
TO CONSIDER THE RODNEY GLEN KING INCIDENT
MARCH 14, 1991
MADAM VICE-PRESIDENT, MEMBERS OF THE COMMISSION, AND
CITIZENS OF LOS ANGELES. MY NAME IS GEOFFREY TAYLOR GIBBS,
AND I AM HERE ON BEHALF OF THE JOHN M. LANGSTON BAR
ASSOCIATION, REPRESENTING MORE THAN 900 AFRICAN-AMERICAN
ATTORNEYS IN THE LOS ANGELES AREA.
TODAY YOU WILL HEAR FROM A CROSS-SECTION OF THE LOS
ANGELES COMMUNITY. MANY WILL BE HERE SIMPLY TO EXPRESS
THEIR OUTRAGE AT THE BRUTAL BEATING OF RODNEY GLEN KING.
MANY WILL BE HERE TO DEMAND THE RESIGNATION OF CHIEF DARYL
GATES. OTHERS WILL BE HERE TO RECOUNT THEIR OWN STORIES OF
ABUSE AT THE HANDS OF THE LOS ANGELES POLICE DEPARTMENT, AND
STILL OTHERS MAY BE HERE TO PRAISE THE DEPARTMENT, FOR LET
US NEVER FORGET THAT THE OVERWHELMING MAJORITY OF THE MORE
THAN 8,000 MEMBERS OF THE LOS ANGELES POLICE FORCE ARE
DEDICATED AND CARING PUBLIC SERVANTS WHO LAY THEIR LIVES ON
THE LINE EVERY DAY IN OUR COMMUNITY'S CONTINUING WAR AGAINST
CRIME.
ALL OF THESE STATEMENTS ARE APPROPRIATE, AND
INDEED NECESSARY, TO AID THE COMMISSION IN PROPERLY
EXECUTING ITS DUTY TO OVERSEE THE POLICE DEPARTMENT.
HOWEVER, BECAUSE OF THE BELIEF THAT THE LEADER OF THAT
DEPARTMENT, CHIEF DARYL F. GATES, ENJOYS THE LEGAL STATUS OF
A CIVIL SERVANT AND IS THEREFORE VIRTUALLY IMPOSSIBLE TO
DISCIPLINE, ALL OF THESE STATEMENTS WILL BE MADE AGAINST A
BACKGROUND OF ENORMOUS FRUSTRATION AND ALMOST HELPLESSNESS
ON THE COMMUNITY'S PART.
YESTERDAY, FOR EXAMPLE, AN EDITORIAL IN THE LOS
ANGELES TIMES ENTITLED "HARD QUESTIONS FOR CHIEF GATES"
STATED, "CHIEF GATES IS RESPONSIBLE FOR INFLAMMATORY
COMMENTS, FOR THE ACTIONS OF HIS OFFICERS AND FOR THE $8
MILLION IN TAXPAYER MONEY PAID OUT LAST YEAR TO SATISFY
COMPLAINTS AGAINST THE DEPARTMENT. BUT BECAUSE OF RIGID
CIVIL SERVICE PROTECTIONS, THE POLICE CHIEF IS NOT
ACCOUNTABLE TO THE MAYOR, THE CITY COUNCIL, OR TO THE CITY'S
VOTERS."
THE CITIZENS OF LOS ANGELES ARE HERE TODAY TO
DEMAND CERTAIN, ACTION BY YOU, EVEN THOUGH MANY OR MOST OF
THEM BELIEVE THAT THE LAW MAY PRESENT VIRTUALLY
INSURMOUNTABLE OBSTACLES TO YOUR TAKING SUCH ACTION. AS
ATTORNEYS, WE DO NOT BELIEVE THIS TO BE THE CASE. WE
BELIEVE THAT THE LAW OF THIS CITY CLEARLY STATES THAT CHIEF
GATES DOES NOT ENJOY CIVIL SERVICE PROTECTION WITH RESPECT
,
TO THE COMMISSION'S ABILITY TO DISCIPLINE HIM OR REMOVE HIM
FROM OFFICE, BUT INSTEAD THAT CHIEF GATES IS SUBJECT TO
BASICALLY THE SAME DISCIPLINARY PROCESS AS A RANK-AND-FILE
OFFICER. MOREOVER, WE BELIEVE THAT THE . COMMISSION MAY
REASONABLY TAKE SUCH ACTION.
THE AUTHORITY FOR OUR BELIEF IS HERE --- IN THE
LOS ANGELES CITY CHARTER AND ADMINISTRATIVE CODE, AND HERE -
-- IN THE 1991 OFFICIAL POLICE DEPARTMENT MANUAL.
SECTION 199 OF THE CITY CHARTER STATES THAT THE
POLICE CHIEF IS SUBJECT IN APPOINTMENT TO THE CHARTER'S
CIVIL SERVICE PROVISIONS BUT THAT THE SEPARATE PROVISIONS
REGARDING POLICE OFFICER DISCIPLINE --- AND I QUOTE
"SHALL APPLY TO THE CHIEF OF POLICE WITH RESPECT TO HIS
RIGHT TO OFFICE ••• AND THE PROCEEDINGS FOR HIS REMOVAL,
SUSPENSION AND DISCHARGE."
SECTION 22.216 OF THE ADMINISTRATIVE CODE SETS
FORTH SPECIFIC GROUNDS FOR THE DISCIPLINE OF THE CHIEF OF
POLICE, AND PROVIDES THAT THE COMMISSION HAS SOLE POWER TO
DETERMINE THOSE GROUNDS. I QUOTE: "FAILURE ON THE [CHIEF'S]
PART TO CO PLY WITH [THE COMMISSION'S] INSTRUCTIONS, OR
INCOMPETENCY, DISHONESTY, DISCOURTESY, OR NEGLECT OF DUTY,
AS DETERMINED BY THE COMMISSION, SHALL CONSTITUTE ADEQUATE
GROUNDS FOR [THE CHIEF'S REMOVAL] ••• "
ALLOW US, THEN, TO ARGUE TO THE COMMISSION THAT IF
IT SO CHOOSES, IT MAY REASONABLY DISCIPLINE --- REMOVE
SUSPEND OR OTHERWISE PUNISH --- CHIEF GATES FOR VIOLATION OF
THE SPECIFIC LAWS OF THIS CITY. THIS IS THE CASE AGAINST
DARYL GATES.
THE COMMISSION MAY REASONABLY DETERMINE THAT CHIEF
GATES HAS FAILED TO FOLLOW ITS INSTRUCTIONS. IN 1982, THIS
COMMISSION OFFICIALLY REPRIMANDED CHIEF GATES FOR REMARKING
THAT "SOME BLACKS" MAY BE MORE SUSCEPTIBLE TO CHOKEHOLDS
THAN QUOTE "NORMAL PEOPLE." A REPRIMAND IS ALSO AN
INSTRUCTION TO AVOID REPEATING THE CENSURED BEHAVIOR. CHIEF
GATES HAS MADE SO MANY SIMILAR STATEMENTS SINCE 1982 THAT WE
I WILL NOT BOTHER TO RECITE ALL OF THEM HERE. HE HAS
CLEARLY FAILED TO FOLLOW THE COMMISSION'S INSTRUCTIONS.
THE COMMISSION MAY REASONABLY DETERMINE THAT
CHIEF GATES HAS DEMONSTRATED INCOMPETENCY IN THE MANAGEMENT
OF THE DEPARTMENT. THE TAXPAYERS HAD TO PAY MORE THAN $8
MILLION IN CLAIMS AGAINST POLICE DEPARTMENT LAST YEAR. THE
STATE DEPARTMENT OF FAIR EMPLOYMENT AND HOUSING FOUND THAT
THE DEPARTMENT DISCRIMINATES AGAINST ITS LATINO OFFICERS.
CHIEF GATES HAS CREATED A CLIMATE IN WHICH BRUTALITY BY A
SMALL MINORITY OF HIS DEPARTMENT IS TOLERATED, IF NOT
ENCOURAGED. THE COMMISSION HAS THE RIGHT TO ASK WHETHER
THESE FACTS DEMONSTRATE COMPETENT MANAGEMENT OF THE
DEPARTMENT.
THE COMMISSION MAY REASONABLY CONCLUDE THAT CHIEF GATES
HAS DEMONSTRATED DISCOURTESY TO THE CITIZENS OF LOS ANGELES
HE IS SWORN "TO SERVE AND TO PROTECT." CHIEF GATES'
STATEMENT THAT A MAN ARRESTED FOR THE KILLING OF OFFICER
KERBAT "WAS A EL SALVADORAN DRUNK ... A DRUNK WHO DOESN'T
BELONG HERE" VIOLATES SECTION 240.15 OF THE POLICE MANUAL,
WHICH STATES THAT "DISCOURTESY UNDER ANY CIRCUMSTANCE IS
INDEFENSIBLE."
THE COMMISSION MAY REASONABLY CONCLUDE THAT CHIEF
GATES HAS NEGLECTED HIS DUTY ACCORDING TO SECTION 270. 25 OF
THE POLICE MANUAL TO ONLY MAKE STATEMENTS AFTER USING
CONSIDERED JUDGEMENT. REPRESENTING THE CITY OF LOS ANGELES,
CHIEF GATES TESTIFIED BEFORE THE UNITED STATES SENATE, THAT
CASUAL DRUG USERS "SHOULD BE TAKEN OUT AND SHOT." HE LATER
INSISTED THAT HE WAS NOT BEING FACETIOUS.
FINALLY, THE COMMISSION HAS NO CHOICE BUT TO
CONCLUDE THAT CHIEF GATES HAS NEGLECTED HIS DUTY ACCORDING
TO SECTION 320 OF THE POLICE MANUAL TO RESPECT THE
INDIVIDUAL DIGNITY OF OTHERS. AS THIS CITY AND THE NATION
REACTED IN SHOCK TO THE BRUTAL BEATING OF RODNEY GLEN KING
AND MR. KING LAY IN GRAVE CONDITION PERHAPS SUFFERING
PERMANENT BRAIN DAMAGE, THIS WAS CHIEF GATES' APOLOGY TO MR.
KING, AND I QUOTE: "HE'S ON PAROLE. HE'S A CONVICTED
ROBBER. IN SPITE OF THE FACT THAT HE'S ON PAROLE AND A
CONVICTED ROBBER, I'D BE GLAD TO APOLOGIZE ••• "
THIS STATEMENT IN ITSELF, IMPLYING THAT THE POLICE
DEPARTMENT MAY ATTACH A LESSER VALUE TO THE LIFE OF A
CITIZEN IF HE IS A PAROLEE, IS SO PATENTLY OUTRAGEOUS AND SO
WHOLLY INCONSISTENT WITH THE DUTIES OF A CHIEF OF POLICE
··THAT THE COMMISSION MUST TAKE ACTION AGAINST CHIEF GATES FOR
NO OTHER REASON THAN THAT HE WOULD THINK HE COULD MAKE IT.
IN SUMMARY, WE BELIEVE THAT THE COMMISSION DOES
HAVE THE POWER TO DISCIPLINE CHIEF GATES AND DOES HAVE THE
GROUNDS UPON WHICH TO DO SO. WE RECOGNIZE THAT CHIEF GATES
HAS THE RIGHT TO A HEARING AND ULTIMATELY THE RIGHT TO
APPEAL IN COURT ANY DISCIPLINARY ACTION THAT THE COMMISSION
MAY TAKE AGAINST HIM. BUT THAT IS NO REASON TO ABDICATE
YOUR RESPONSIBILITY TO INITIATE SUCH ACTION IF YOU BELIEVE
AS REPRESENTATIVES OF THE PEOPLE OF LOS ANGELES THAT IT IS
WARRANTED.
THE CITY COUNCIL IS FIGHTING TO FIND $8 MILLION IN
TAXPAYER MONEY TO PAY FOR EXCESSIVE FORCE COMPLAINTS AGAINST
THE DEPARTMENT CHIEF GATES LEADS. THE LATINO OFFICERS OF
THE DEPARTMENT ARE FIGHTING SYSTEMIC DISCRIMINATION
FLOURISHING UNDER CHIEF GATES' LEADERSHIP. RODNEY GLEN KING
IS FIGHTING TO RESTORE HIS EYESIGHT AND REGAIN A NORMAL
LIFE. WE SEE NO REASON WHY THE COMMISSION SHOULD HESITATE
TO MAKE CHIEF GATES FIGHT TO KEEP HIS JOB.
THANK YOU.