CITY LACKS POWER ON INSPECTOR DUTIES.

Byline: Deborah Sullivan Daily News Staff Writer

A month after the City Council drafted guidelines for the Police Commission's inspector general position and passed them to the city attorney for advice, the answer Tuesday came back unequivocally: The council doesn't have authority over the issue.

A report by City Attorney James Hahn's office states that changes to the position can only be made by the commission or by amending the City Charter.

Councilwoman Laura Chick, who drafted the guidelines as head of the council's Public Safety Committee, said she was not surprised by the city attorney's advice, although she felt that the council had a responsibility to help reshape the inspector general position.

``I was hoping that the changes could be made through council ordinance, because it would make the changes expedient and effective, and, in my opinion, more enduring than relying on the commission's action,'' she said.

The council last month had proposed guidelines to make the inspector general an adviser to the Police Commission and a peer of the internal affairs commander, make her directly accountable to the commission and authorize her to review all police records. Plans were also called for granting the office powers to protect the confidentiality of witnesses, to begin an investigation without commission approval and to release uncensored reports to the public.

Of those recommendations, the city attorney's report stated that ``almost all of the principles could be achieved by (charter) amendment. Much of what is being proposed could also be accomplished by action of the Police Commission. Considerably less, however, could be required by direct action of the council - whether by ordinance or resolution.''

Police Commissioner T. Warren Jackson said panel co-members yet welcome council recommendations on the inspector general position, although the final responsibility rests with the commission.

``I don't feel if I was a City Council member I would feel constrained from expressing opinion,'' he said. ``The only thing is it can't be mandated.''

Deputy Police Chief David Gascon said the department has no comment on the city attorney's report. But, he said, Police Chief Bernard C. Parks plans to present a response to the council proposal today.

Chick said she will work to promote change through the unified City Charter reform proposal, which contains provisions on the inspector general position similar to the council's motion. She said the council's action helped galvanize reform of the position.

``I firmly believe that the City Council went through a much needed effort to put a spotlight on this issue and to encourage, if not demand, change,'' Chick said.

The report by the City Attorney's Office was signed by Special Assistant City Attorney Frederick N. Merkin.