Soto-Martínez and McOsker seek to make sweeping reforms to the all-civilian Board of Rights to hold police officers who committed serious misconduct accountable. Reforms include repealing the all-civilian Board, changing the composition of the Boards, and giving the Chief of Police the authority to fire.
LOS ANGELES – Today LA City Councilmembers Tim McOsker and Hugo Soto-Martínez introduced a motion to reform the discipline and accountability process for police misconduct. The motion, seconded by Council President Paul Krekorian, looks to reform and repeal the all-civilian Board of Rights, where over 75% of disciplinary hearings result in less punishment than was recommended by the Chief of Police.
One of the primary objectives of Measure C, which allows officers the option to choose an all-civilian disciplinary Board of Rights, was to increase accountability. However, in practice, panels with traditional compositions ended up holding twice as many officers accountable. Given that context, it explains why 91% of officers accused of misconduct chose the all-civilian Board of Rights disciplinary route.
“The intention of Measure C was not realized; we need to take the lessons learned and implement process improvements,” said Councilmember Tim McOsker. “The system and staffing currently in place for those charged with misconduct do not promote accountability, but often impede it. We need a menu of options to pave the way in how we comprehensively fix a broken system. Reform is necessary, and we want to use every tool to get this right.”
“We see examples of egregious misconduct, and because of this unjust system, the officers at fault can’t even be fired,” said Councilmember Hugo Soto-Martínez, “Why are we paying millions of dollars to officers who were deemed unfit for service by their own Chief of Police?”
Last month amidst growing calls for police accountability, Mayor Karen Bass called for the Chief of Police to work with the City Council “to reform or remove” the all-civilian option for Board of Rights composition. LAPD Chief Michel Moore has also expressed support for reforming Measure C.
“I will continue to commit to work with LAPPL, the Police Commission, and our elected officials to improve our disciplinary system that is fair, accountable, and transparent,” said Chief Moore today.
One option the authors of the motion are looking to explore to increase accountability is establishing the authority for the Chief of Police to immediately fire officers for egregious cases. According to the Office of the Inspector General, between June 2019 and January 2022, the Chief of Police recommended 55 officers for removal from the LAPD. Of those 55 officers, 37 chose an all-civilian Board of Rights composition and in over two-thirds of those cases, the all-civilian Boards found the accused officers either not guilty, or decided upon a lesser punishment than was recommended by the Chief of Police.
Another option McOsker and Soto-Martínez are also re-examining is the criteria set for the selection of civilians to serve as a panelist, along with further professionalizing the prosecutorial side of the panel when conducting hearings. Currently a sworn sergeant serves in the role advocating for the officer. The McOsker/Soto-Martínez motion seeks to treat the hearing as a trial with an attorney representing the prosecution and defense to increase fairness and accountability in police disciplinary matters.
The Motion requests two ordinances, one that would repeal the all-civilian Board, and one that would create sweeping reforms to civilian Board member qualifications, including:
- Allowing local clergy, civil rights organizations, the Inspector General, City Council Offices, and the Mayor to nominate Board members.
- Requiring the inclusion of civilians with diverse experiences and perspectives.
- Prohibiting current or former employees of local law enforcement agencies from serving as civilian hearing examiners.
“Cases of police misconduct are rare exceptions to the professionalism and commitment to public safety of our Los Angeles Police Department. But when cases of police misconduct do occur, they need to be addressed swiftly and effectively,” said Council President Paul Krekorian. “We have now seen that Board of Rights panels made up entirely of civilians tend to be far more lenient than boards composed of both civilians and police officers. Sworn police officers have a strong interest in holding their fellow officers to the highest standard of conduct, and they have the professional expertise to understand the application of department policy. It is time to balance the composition of all Board of Rights panels with both police and civilians with diverse perspectives, in order to ensure accountability and support our continuing efforts to reduce misconduct,” said Krekorian.
Additionally, the motion calls for report backs from several City departments for additional reform options such as:
- Transitioning to attorney prosecutors to present the City’s case for discipline.
- Alternative discipline models, including a modified composition of civilians and sworn officers on Boards of Rights.
- Furthering Angelenos rights against misconduct by law enforcement, and increasing accountability when such misconduct occurs.
After it was introduced at Friday’s City Council meeting, the motion will next advance to the Public Safety Committee and Personnel, Audits, and Hiring Committee.
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