Following the discovery and disclosure of the Rampart Area Corruption Incident, the United States Department of Justice (DOJ) notified the City of Los Angeles that it intended to file a civil suit alleging that the Los Angeles Police Department was engaged in a pattern or practice of excessive force, false arrests and unreasonable searches and seizures. In making these allegations, the DOJ recognized that the majority of Los Angeles police officers performed their difficult jobs in a lawful manner. The City denied the allegations in the DOJ complaint and entered into negotiations with the DOJ. However, to avoid potentially divisive and costly litigation and to promote the best available practices and procedures for police management, the City entered into the Civil Rights Consent Decree. The Consent Decree will last a minimum of five years during which the Department must demonstrate substantial compliance with the Decree’s provisions. Police Administrator Gerald Chaleff is the Commanding Officer of the Consent Decree Bureau.

The legal basis for the DOJ’s civil suit was based on Title 42, § 14141 (a), United States Code, which was enacted into law in 1994. The section states:

"It shall be unlawful for any governmental authority, or any agent thereof, or any person acting on behalf of a governmental authority, to engage in a pattern or practice of conduct by law, enforcement officers or by officials or employees of any governmental agency with responsibility for the administration of juvenile justice or the incarceration of juveniles that deprives persons of rights, privileges, or immunities secured or protected by the Constitution or laws of The United States."

Whenever the United States Attorney General has reasonable cause to believe that a violation has occurred, the DOJ may obtain through a civil action appropriate equitable and declaratory relief to eliminate the pattern or practice. On the basis of the aforementioned United States Code section, the DOJ has entered into consent decrees with other law enforcement agencies throughout the United States including the Pittsburgh, Pennsylvania Police Department; Steubenville, Ohio Police Department; and the New Jersey State Police.

The Consent Decree between the DOJ and the City seeks to promote police integrity within the Department and prevent conduct that deprives individuals of their rights, privileges, or immunities secured or protected by the Constitution or laws of the United States. The Consent Decree places emphasis on the following nine major areas:

1. Management and supervisory measures to promote Civil Rights Integrity;
2. Critical incident procedures, documentation, investigation and review;
3. Management of Gang Units;
4. Confidential informants;
5. Program development for response to persons with mental illness;
6. Training;
7. Integrity Audits;
8. Operations of the Police Commission and Inspector General; and,
9. Community outreach and public information.

The Consent Decree includes several recommendations from the Rampart Board of Inquiry, and several Consent Decree provisions mandate the Department to continue existing policies. Some of the more complex or major provisions in the Decree call for the following:

1. Development of a Risk Management System (TEAMS II);
2. Creation of a new division to investigate all Uses of Force formerly investigated by Robbery Homicide Division and Detective Headquarters Division;
3. Creation of a new division to conduct audits Department-wide;
4. Creation of a Field Data Capture System to track the race, ethnicity or national origin of the motorists and pedestrians stopped by the Department;
5. Creation of an Ethics Enforcement Section within Internal Affairs Group;
6. Transfer of investigative authority to IAG of all serious personnel complaint investigations;
7. A nationwide study by an independent consultant of law enforcement agencies’ protocols for dealing with the mentally ill. The study will serve as the Department’s foundation for refining its own system;
8. A study by an independent consultant of the Department’s training programs; and,
9. Creation of an Informant Manual and database.

There are several stakeholders in the Consent Decree compliance process, foremost of which are the people of this City. At the Federal level, stakeholders include the United States Attorney General, the DOJ Civil Rights Division, the United States District Court of Jurisdiction and the Independent Monitor. As the Consent Decree is a binding agreement between the City and the DOJ, the following City entities are key stakeholders:

• Office of the Mayor;
• City Council;
• Office of the City Attorney;
• Office of the Chief Legislative Analyst;
• Office of Administrative and Research Services; and,
• Police Department, including the Board of Police Commissioners and the Inspector General.

On November 2, 2000, the City Council and the Mayor approved the Consent Decree negotiated between the City and the DOJ. However, the Consent Decree was not immediately signed (entered into) by Federal District Court Judge Gary A Feess. Nonetheless, the Department formed the Consent Decree Task Force (CDTF) within Administrative Group to plan for, coordinate, track, monitor and report on the Department’s compliance with the Decree as though it had already been entered into.

The CDTF conducted an exhaustive content review of the Consent Decree to determine how best to proceed with the implementation of its mandated provisions. A management plan was developed, including the assignment of approximately 64 major administrative projects intended to collectively result in Department compliance. On February 1, 2001, the City was required to submit its first status report on compliance progress. However, at that point, the Consent Decree was still unsigned and the Independent Monitor to whom the report was to be submitted had not yet been selected. Despite these unforeseen delays, the Department published its Preliminary Implementation Plan on February 1, 2001 and submitted it to the Board of Police Commissioners as the Department’s first semi-annual progress report. Additionally, on February 15, 2001 and May 15, 2001, the Department filed Internal Discipline Quarterly Reports mandated by the Consent Decree and activated Critical Incident Investigation Division (CIID) on April 8, 2001.

On May 18, 2001, the City Council approved the selection of Michael G. Cherkasky, president and CEO of Kroll Associates Inc., as the Independent Monitor. Pursuant to the Consent Decree, the Independent Monitor shall monitor and report on the City’s implementation progress to Judge Feess. The Independent Monitor will function as an Agent of the Court detailing the City’s compliance. At the request of the DOJ and City, the Independent Monitor may make recommendations to the parties regarding measures necessary to ensure full and timely implementation of the Consent Decree. To monitor the City and Department’s implementation progress, the Consent Decree provides that the Independent Monitor, and his designated staff, may:

• Review the use of TEAMS II (Risk Management System) by the Department, the Inspector General, and the Police Commission and its staff;
• Review and evaluate the quality and timeliness of specified audits, sting audits and general audits to be conducted by the Department or the Inspector General;
• Review samples of Categorical and Non-Categorical Use of Force Investigations, adjudications and related disciplinary and non-disciplinary actions;
• Review samples of Complaint Form 1.28 Investigations and related disciplinary and non-disciplinary actions (particularly those involving alleged uses of excessive force, false arrests or improper stops, improper seizures, discrimination or retaliation);
• Review motor vehicle and pedestrian stop data; and,
• Review implementation and compliance of each substantive provision of the Consent Decree.

The Chief of Police and the men and women of the Department are deeply committed to serving all the people and all the communities of Los Angeles. Compliance to the Consent Decree’s mandates is the baseline for, and not the ultimate standard, by which the Department’s commitment to excellence will be ultimately measured. The communities of Los Angeles expect and deserve the finest service possible from its Police Department. To that end, the Department shall consider the Consent Decree as only a part of a more comprehensive effort to provide the highest level of protection and service possible.

Commanding Officer's Statement of Commitment and Intent
2002 Annual Work Plan