LAPD May Day – No Officers Fired
July 1, 2009
This recent article in the LA Times reports that none of the officers involved in the May Day events of 2007 will be terminated. What many in the legal community do not know is that the decision to retain those employees was not made by the Chief of Police.
In a system unique to Los Angeles, the Chief is not the ultimate authority on whether an officer remains employed after alleged misconduct. Instead, an internal board comprised of two high-ranking managers and one community member preside over a quasi-trial called a board of rights. This board alone determines whether Officer Jones committed any misconduct, and what the penalty should be. The Chief’s only option is to reduce the prescribed penalty.
Arguments abound about whether this administrative body is the correct forum for such a critical decision. The Board of Rights does not observe traditional evidentiary rules (for instance heresay is allowed), and they do not have any formal training in employment or labor law. Police unions, police managers, police officers, public interest groups, the ACLU — each have weighed in on the process pro or con.
What is for certain is that the Board of Rights is one of many internal police phenomena about which members of the bar are often unaware or under-educated. A relatively small “defense bar” has emerged to represent officers at the board, and the niche has produced local experts. If you have questions or ideas about this process, please weigh in with a comment…
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