COOLEY BACKS CONSENT DECREE D.A.'S SUPPORT COMES WITH CRITICISM OF PLAN.

Byline: Beth Barrett Staff Writer

District Attorney Steve Cooley filed federal court papers Friday in support of the proposed consent decree between the U.S. Department of Justice and the city but saying it lacks several critical elements.

Cooley said ``serious management and procedural deficiencies'' exposed by the Rampart scandal need to be fixed, but he cited significant shortcomings in the plan and warned city officials against complacency once the consent decree is signed.

Following up on his campaign promises, Cooley again put civic leaders - including Los Angeles Police Department Chief Bernard C. Parks and City Attorney James Hahn - on notice he expects accountability, including written protocols outlining responsibilities for turning over investigative materials to prosecutors in cases where officers are accused of criminal misconduct, among other procedures.

``It is respectfully submitted that the consent decree should not be viewed as the sole method of attempting to improve the Los Angeles Police Department,'' Cooley wrote in his amicus memorandum to U.S. District Judge Gary A. Feess.

``Los Angeles civic leadership should not interpret the consent decree as excusing their individual responsibilities to be vigilant in the interests of reform. To do otherwise might only harm a police department whose duty is to protect and to serve the citizens of Los Angeles.''

Feess, who invited the district attorney and others to comment on the consent decree February 20, declined to comment through a representative.

Cooley also declined interview requests.

``The document speaks for itself,'' Cooley's spokesman Joe Scott said.

City officials generally said they agreed with Cooley's assessment, and welcomed his backing of LAPD reform.

``His support of the consent decree is the most important thing; that's what we were looking for,'' said Assistant City Attorney Mark Burton, who's handled many of the negotiations.

Burton said Hahn within the past two weeks has acted to correct a weakness identified in Cooley's filing by submitting a formal written policy on the referral of alleged misdemeanors committed by LAPD officers.

Previously, the protocol existed ``verbally and in practice,'' he said.

Burton said Cooley correctly flagged the need for clearer policies to guarantee police officers turn over all ``necessary reports, interviews, test results and notes'' 30 days prior to trial.

Other recommendations by Cooley already have been included in the consent decree - particularly a computer to track officers' personnel and other records, though not necessarily with the specificity outlined by the county's top prosecutor, he added.

Mayor Richard Riordan is ``receptive'' to Cooley's observations, his spokesman, Ben Austin, said.

``But the mayor's focus is moving ahead aggressively to select a monitor as soon as possible and to implement the consent decree,'' Austin said.

City Councilwoman Cindy Miscikowski, who heads the Public Safety Committee, said Cooley's recommendation ``make a lot of sense.''

She said Cooley is right in insisting on formal understandings on referrals between agencies and in clarifying how information that could help a defendant at trial is turned over. And Miscikowski said she agrees with Cooley that police reform needs to extend beyond federal oversight.

``We've all said the consent decree is not the end-all and be-all,'' she said.

Echoing themes he articulated during a March 7 speech to an FBI ethics symposium in Long Beach, Cooley said the consent decrees should insist on the LAPD and the City Attorney's Office putting policies in writing.

Former District Attorney Gil Garcetti did not require formal policies, he said.

Cooley made a point in court papers of saying the LAPD's 1998 policy on referrals of officers suspected of criminal misconduct ``should be rescinded, because it lets the LAPD decide whether a criminal filing is warranted upon Parks' review.''

Parks did not return phone calls Friday.