Long Beach Police Reforms Urged

The following letter from a retired Los Angeles Deputy Police Chief who lives in Long beach was addressed to Vice Mayor Robert Garcia on December 4:

With regard to the Long Beach Register article published today [Dec. 4], "L.B. police form panel to review use of force," I would like to share some of my concerns and recommendations.

As you know, the LBPD has a long history of substandard shootings and overt brutality. The last reform was in the early 1990s when the charter was changed to create the Citizen Police Complaint Commission (CPCC) in response to community outrage over the overt brutality of Long Beach line officers.

As you may also know, the CPCC is ineffectual because its sources of investigative information is controlled either by the police department or compromised by the fact that the CPCC has no authority to hire and fire its own investigative staff. Its decisions are not detailed in a manner that provides policy or training guidance and its findings are subject to the lack of expertise and the whim of the city manager, who also exercises total authority over the chief of police and the police disciplinary process.

In short, the CPCC benefits the city bureaucracy only as a PR tool routinely used to announce an independent review and disposition when in fact the board function is little more than a rubber stamp. The City of Long Beach is of such a size and complexity that supervision of the police department and authority over the police disciplinary process by the city manager is outdated, ineffective and subject to the many conflicts that arise with the city manager’s relationship with the city attorney, police union MOU’s, liability concerns, campaign contributions and the like.

Most all of these conflicts have served to suppress proper administrative processes within the police department in order to serve the long-standing demands of the city attorney’s office to avoid paper trails that may be used against the city in future law suits. Paper trails that would serve the proper and effective management of the police department’s investigations, administrative review, training, retention and disciplinary processes.

Without basic reform, the new panel being established by the police department to review use of force will be as ineffective as the CPCC and once again serve only as a showpiece to calm the community outrage that occurs each time members of the LBPD use excessive force against members of the community.

What the city should be undertaking is fundamental reform as opposed to applying one more Band-Aid toward solving the decades old problem of excessive force by members of the LBPD. That reform should include the following changes to the City Charter:

• The authority, powers and duties of the police department should be outlined in the City Charter and the chief of police given disciplinary authority over all members of the police department subject to civil service rules and appeal.

• The chief of police should be made subordinate to a board of five police commissioners selected from city residents who serve as the policy head of the police department.

• The mayor, subject to council ratification, should appoint the board of police commissioners.

• The board of police commissioners should have hire and fire authority for an executive director and an inspector general, each provided with the necessary authorities and personnel to investigate, audit and make recommendations to the board related to all police functions, with special emphasis on use of force policy.

• The chief of police should be hired from a list of three candidates selected by the police commission and forwarded to the mayor. The mayor must select from the list of three, subject to council confirmation.

• The chief of police should be hired under contract for a five-year period, subject to renewal by the police commission for one additional five-year period and no longer.

• The board of police commissioners should have the authority to terminate the chief of police for cause, subject to mayoral and council approval.

• The city council should have the power to remove the chief of police by two-thirds vote.

I recommend that as head of the Public Safety Committee and as a candidate for mayor that you call for a blue ribbon committee to study and put forth recommendations for changes to the City Charter to accomplish these fundamental reforms.

Additionally, I also recommend that you assign staff to study the investigative, review and disposition processes of use of force and shooting investigations as practiced by the Los Angeles Police Department. It is a system that is thorough, transparent and effective in maintaining a level of discipline and professionalism that overshadows current practices by the LBPD and one that inspires public confidence in their police service.

Finally, I have had occasion during my three-year residency in Long Beach to evaluate the investigative processes used by the LBPD as well as apply my experience as a police executive to observations of police activity in the community. I am personally convinced that current practice related to investigations, review, officer tracking and retention and disposition of use of force matters has resulted in a culture of impunity among the rank and file.

Should you wish to discuss the specifics of my findings and observations please feel free to call upon me at any time. I have attached an article from the Los Angeles Times written about these issues in Long Beach on April 25, 1992 which makes it abundantly clear that not much has changed.

I look forward to a reform effort within Long Beach as next years elections move forward. Thank you for taking the time to consider my recommendations.

Stephen Downing
Long Beach resident
Deputy Chief, LAPD (ret.)