`BILL OF RIGHTS' DEFEAT CALLED WIN FOR REFORM EFFORT; CRITICS CITE HOT-BUTTON ISSUES.

Byline: Patrick McGreevy Daily News Staff Writer

By failing to muster enough votes to put a controversial ``bill of rights'' in its proposed City Charter, Los Angeles' elected Charter Reform Commission may have given a big political boost this week to the rest of the charter changes by removing a potentially divisive issue, officials said Tuesday.

The commission's 7-5 vote Monday to include a bill of rights fell one vote short of the eight vote-minimum necessary to pass the measure out of the 15-member group.

The vote was taken after some commissioners objected to proposals to guarantee such rights as abortion and a living wage.

Although the issue can be revisited later, the vote was a setback for commissioners who felt the City Charter should do more than just provide a guide to city government, and also should spell out rights that the city deems worthy of protection.

``We should say in this charter that there are some things the government of the city never has a right to do to its citizens,'' said commission Chairman Erwin Chemerinsky as he argued unsuccessfully for a bill of rights.

But others say dropping the controversial item might make it easier to win voter approval for charter reform.

``Erwin Chemerinsky's heart is in the right place,'' said Mayor Richard Riordan, who is not a member of the charter commission.

``But on a practical level, it's probably better for charter reform that this isn't included.''

Even an attempt to sanitize the bill of rights by dropping references to abortion, living wages and other hot-button issues failed to win enough votes Monday.

San Fernando Valley-based Commissioners Paula Boland, Rob Glushon, Dennis Zine and Marcos Castaneda were joined by Eastside Commissioner Nick Pacheco in voting against including a bill of rights.

Glushon and Boland argued that even a slimmed-down version might fuel voters' opposition by legally binding the city to guarantee certain rights, including the right to an equal education for all Los Angeles children.

``Don't pull a fraud on the voters,'' Glushon told his fellow commissioners, noting that the city government has no influence on the quality of the school system.

Boland said even the downsized version of the bill of rights required equal insurance benefits for the domestic partners of employees of city contractors, which she felt would draw objections from voters.

``This is the kind of thing that could kill it,'' she said.

However, supporters of a bill of rights said such a statement of principles could actually increase voter interest in charter reform and get more people to vote for it.

``I thought it was something of value that would help us pass the charter,'' said Commissioner Bill Weinberger. He said he hopes the commission will reconsider the issue before it finalizes the reform proposal it will put on the city ballot next year.

Chemerinsky and other commissioners said one solution might be to put a bill of rights measure on the ballot separate from other charter reforms, so it won't drag down the entire package.

Weinberger said he would be willing to support a statement that sets aspirations, rather than legal boundaries, if that would get the issues on the ballot.

Chemerinsky said the panel now will move on to other charter issues and might not revisit the bill of rights proposal until September, when it finalizes its reform package.

The commission has tentatively agreed to include a nonbinding preamble in the charter, and plans to hold a contest for schoolchildren to submit their ideas for what Los Angeles' vision statement should say.

Daily News Staff Writer Rick Orlov contributed to this report.