COVER LETTER
FAX 213) 742-0301
0ieqr1 Whi te Mason
O'Melveny & Myers
NY: Ii.dfiPeilde~t Coomi ~si on
DATE: 29 Arttil 1991 ~· .............. --------
7-.~18 "~
FAX NO: ~.3) 66ft:-6DQU_~t&'Jo:z)
Fiie No. 170,44~.885 1
SUBJECT: ll:~ependen1- 1=rmni~s.s.·. i.. .a.." "'n ___
NUMBER OF PAGES (INCLUDING COVER LETTER):_~ 7
you do not rece.i v~ all the pagE~s, plea.1;,e c~1:>ntact me at
Thank you.
Custrini.
A ITK . .ssenger will deliver 1!5 copies of the attached this afternoon.
Plc "o cull me if you have any questions about the paper·.
MM-1 57-052688
·-··_ .. _·--~-..t------~----...... -
April 2< • 1991
H.r.ll-OH.T \.> 'l'U:b; INJ)BPBNDEN1.' CX.H!SSION
By Lout A. Custrini, Vice Pr~ident-Conmunications
Meruhan ·s and Manufacturers A$sociation
As u.n o ficer of the Merchants and Manufacturers Association, I thank the
U:inm:lssion for providing rre with the opportunity to offer our
and reccmnenda. tions for enhancing the organization and rranaganent
of the s Angeles Police Department.
It is r understanding that the Camrl.ssion is assembled here today not to
fix blat ie but to find solutfons. Accordingly, I shall avoid any judgment~~L
canment about a μ:>lice department that ls conscientiously engaged in an
ing war on crime,a.nd restrict my renarks to eonst.ruct ive w:mlysis of the
t ion and its procedures.
}ior the .rucord, I would like to say fran the start that like nnst, if not all~
s~trl9nt · of the anployer crn1truni ty, 'M3 are appalled by tho boa ting of l.lodnc~y G.
King. e aru ~ually outraged by the the muggings and ki ll:i.ngs of ci ti~<..ms and
police .rsonnel on the strr.~et8 of Los Angeles. And ~ \\OUld hope that \Ye! coulu
find a of reason and respect for huna.n dignity in the s i egfl th1.tt now
1
..
Rl'roR'f 1 THE INDEPENDENT OMMlSSION ••• / 2
u.nd Manufacturers Association is a LDs Angeles-based anpl.oyer
.ton. We have been continuously engu.ged in providing anployer8 with
gui.dance aud advice on human resources management :f.or nearly ti century.. WF; are
concern ohout any semblance or perception of chaos or· cri~is in goverunent
because t io divioive urnong people in the workplace as well :as the canmunity
se it is an anbarassment to one of the world 1 s grea t1~st c1 Lias.
Founded n 189rJ, M&M set out fran Hs 1.nception to establisl1 principles and
aj1ne<l at generating a rrore productive environm.ent. Theso rraxims a.re
basl-fil on the mutual respeet of anployees at~ managanent and on the recogni t.ion
Umt ~o le are the nnst vital asset in any formulu. for econonic succeHs.
We don 't pretend to be experts in μ:>lice organization and control. Arxi it would
be pres· iptuous, ir not fatuous, for us to claim any no re than a cursory
knowledg of how the l£Js Angeles Police Department :i.s organi z19d u.nd prHparod to
in the ongoing campaign to rnake our streets and
workplac safe and livable.
Tu.niza tion that articulates unployor concerns and rrEiets the n~3Citi of
more th 4, 000 manber ccJDpanie8 throughout Call .f.ornia, we suggest and
recanroon Lhc following baaed on our extonsi ve human resources n:nnagunont
Fin>t, believes that a sharper line of accountability must be established
at the At present, it 't\Q\lld appear thH.t the μ:>lie~ ehte:C of Los Angeles
hu.s lit e or no accountability to the Mayor or the Police Carmi.sston.
HER>HT THE INDEPENDENT o:MM~SSION ••• /3
thi8, it is recanmended that this city adopt a.n organization and line
of' autho i ty similar to that of tha New York City 1-0lice DepELrtment. In New
York Cit thu head of the police department is the Police O::ir.missiorwr, who is
l named by the ~yor. And llllder the Police Canniss:L c1ner 'YrOuld bu t.he
First De uty Olnmissioner and five Deputy Ulnnissioners.
Like the U, S. Army, this \.VOuld put the ultimate uuthori ty of the Police
Depa.rtme t under civilian control and \.\Ould establish a clear line of authority
all the y up to the rvRyor' s office, Under the current systt:m in Los Angeles,
the .Poli Chief's authority is absolute.
Second, h~ selection 11r.ocess .f.or recruits must be .improved. The ru.iuct.lon of
crime u.n disorder in the Uni tad States requires an upgrading in the quality of
!JO lice rsonnel and trtt.ining, Al though there is caruwn agrc~unent, within
police d partments '1S well as outside, on the desirabili. ty o:f improving
personno , tho selection standards that should be used in add.eving this go~~1
the μ>li
dispute, and tl)is is due in large rreru:;ur8 to 'Lhu canplexity o.r
in nooern soci~ty.
'ro recruits who will properly perfonn all tho varied funetions e:.1xpected
of than, it is important to establish a selection program thttt is ~ni.zant c>"f
of perfonnance that cu.n be expected from candidates of varying
backgro d characteristics.
)-t~)l:t'l '10 TH~; IND~:PENDENT ~ISSI ON ••• / 4
We rec · nul)nd th.at the Police Department :
1. l~v lov infunuai ton on how to seloot personnel rrost likely to perf orm
uffect · vely a.s police officex-s and reject candidat es l.ikel~ to be
2. Ide tiry attributes currently thought tu be n~~utive or p::>sitive :lndica.tors
which n fact are not related to later good or μ)Or i:erfo1mance;
3. Ide1t.lfy methods for sharpening the estimate of a recruit's future
}Jurfo :iance by using informl:it:lon fr001 his or her probationary ~riod on the
for.cc, cuid for determining which probationary personnel ~l:ould be tern1intt.ta:i;
and
the kind of people who ar~ likely to perform inaffectivBly in area.s
h canplaints against Jx>lice personnel a.re canmon .
nd thli t the Police Department broaden the ~rts of the .PoH cu A1~lldemy
program which are aimed at improving μ)lice x;erf onnance duri ng 1nlicL:L..
transactions. Similar refresher courses should al.so be des:lgnt.~ and
of of nee.rs already on the force.
the Department to devise additional rooasures, partieularly i;::osi ti.ve
ones sad upon field activities and taking into account J:Olice-canmunity
the c . mum 1.ty and the Department in tenTlS of increasod μ:Jlice ~r.fo:r.manco and
ef.fectlveness rll:lkes this work essential.
Rb.:ro1n 'l.U 1l'llli INDh:PENDENT ~ISSION ... /5
Jt'inall , it is reccmnended that the city develop its own policy, a "Geneva.
Confer nee, 11 for the Department ts treatn~nt of prisoners. If there ts an
inturn tiorm.l code dealing with the handling of prisoners of \',3.r, \Ytly sbouldn t t
thm·e u. city, state or national cede for the ta.king of prisoners and their
hunane treatment?
I
This
I
~commendation is not meant to be critical of the Depa..rtment ts current
of arrested criminals and suspects. It 1.s neruly u:~ant to Hsta.blish
nes for avoiding future King situations and for establishing a h~gal cc.xi(~
s.wi.ft and effective processing of canplaints.
In con lusion. it should be noted tl.1tt.t the Police departments of every ma.1jor
city i 1 the lJ. S. A. are engaged in an ongoing war to recapturtj city 8treets for
the sa e use of citizens. Q1 the one hand, they are expectc~d to take the "dirty
llarry 11 apvroach to interdiction; on the other . they are expc~cted to be s:.cial
counse ors saddled with the restrttints of legal control and &>eiu.l nE~esF.d ty.
tact is Ll»it the My l.ai.s are not i:eculiar to war in Vietnam. Oit· 1:olice
face Lai eve1~ day and hatre t.o rrRke ded.s1.ons that they were never v:reparoo
t'or the Police Acadany. In mB.ny instances. we tell thern not to do what you
and I igh t do undet· the same circumstances.
REPOH'l' 'U 'rttb; INDEPENDENT <.U1¥ISSION ••• /6
In clos ng, 1 ask you to consider the following quote exerptud from The
Washin on 1.>ost National Week Fdition (April 22-28, 1991). Sgt. Ruf: :sell
I
8chmidt of the Austin p:>lice Ibepartment says! "Y ou didn't hit him in the foot or
the cl w or any~ ere else, you hit him where yo u had to a.s hard as you c ould
and as · a.s t as you could, because you v.er e going to get hm-t ••• You witness
people ying, watch your friends get fired and you get your nose broke, and you
these things going on and they all relate to one r.~.ee. And I 'M:>rked in
anything else to relate to oUmr than blacl\.
!Jeople. So I would say I was not oo much racially rrx:>ti vated whon I wciuld hi t
I would say I was frustrated. And I probably ~nt overboa rd.
probu.bl did. Because I was oo up se t with myself, I couldn't clean up the
world •• that period I 'ct ••• go out of my way t() look for a fi~:ht.
I ' d talk my way ou t of it, whore then I 'd go, 'Hell, I'm going to
and let 1 t take its coursH. I don' t think I was sELdistic ••• I had a
'TI1ey called n-e 'the Line, ' as l.n 'l:trn 1 t cross rre. '"
Schmidt adds thi:tt he v.ould like to fi nd out whi:tt rotivated the officers ch~ rgod
in tho s Angeles brutality ~se, So ~ld we and :Lr we eau' t, :perhaps we can
I
reduce he odds of it ever ha.Dpening aga in ,
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