COUNCIL PUTS OFF PANEL PLAN RAMPART INVESTIGATION STAYS IN POLICE HANDS.

Byline: Rick Orlov Staff Writer

A sharply divided Los Angeles City Council rebuffed a proposal on Tuesday to create a new independent panel to look at the Rampart Division scandal, saying it wanted to wait to see what is developed by the Los Angeles Police Department and what steps are taken by the Police Commission.

The 8-6 vote against the proposal from Councilman Joel Wachs, however, did not not kill it outright. Instead it was sent to the council's Public Safety Committee - on which Wachs serves - for review at a later time.

``This doesn't surprise me,'' Wachs said after the council vote. ``I know the establishment doesn't want this investigation. But, believe me, it will still happen, sooner or later.''

Wachs, a candidate for mayor in 2001, wanted a report in 30 days on how an independent panel of jurists, academicians and community activists could be formed to review the LAPD's Board of Inquiry report scheduled to be released by March 1.

``We have to restore public confidence and I don't think anyone believes that can be done by an agency investigating itself,'' Wachs said. ``Chief (Bernard C.) Parks has done a good job, but we need an outside eye to look at this report to see if more needs to be done.''

The Rampart Division controversy centers around accusations from former Officer Rafael Perez that he and other members of the station's anti-gang CRASH unit, Community Resources Against Street Hoodlums, routinely assaulted gang members up to the point of shooting them, planted evidence and gave false testimony to place them in jail.

The LAPD has a criminal investigation under way, and a Board of Inquiry is to release an administrative review by March 1.

Wachs wants the independent group to look at the Board of Inquiry report.

Voting to delay creating the panel were council members Hal Bernson, Mike Feuer, Ruth Galanter, Mike Hernandez, Nate Holden, Cindy Miscikowski, Nick Pachecho and Alex Padilla.

Voting to create it were Wachs, Laura Chick, Jackie Goldberg, Mark Ridley-Thomas, Rudy Svorinich Jr. and Rita Walters. Council President John Ferraro, who is undergoing daily chemotherapy treatment, was absent.

Several council members objected to Wachs' proposal, saying it was premature and would not allow the Police Commission and Inspector General's Office to do their jobs.

``We made a covenant with the voters in 1992 when they adopted the reforms of the Christopher Commission,'' said Miscikowski, who chairs the Public Safety Committee. ``We should let those reforms work. I don't think we ought to prejudge what they do. To create another independent panel will create confusion.''

Feuer also said the council should delay creating an independent panel and that the Police Commission proved its independence last week in ruling against Parks on the shooting of a homeless woman, Margaret Mitchell.

``We have voted to give the commission the resources it needs to handle this properly,'' Feuer said. ``I don't know what they're going to do, but it would be premature at this juncture to say it cannot do the review. We live in a city where there's no question the confidence of the people in the Police Department and in government has been shaken to the core.

``Maybe there will be a day where we need an independent review, but it is premature to say that day is now,'' Feuer said. ``Otherwise, we will be serving to undermine our own Police Commission.''

That drew a sharp protest from Chick.

``To say we are undermining the ability of the Police Commission to assert independent oversight is hogwash,'' Chick said. ``I have been sitting here for 6 1/2 years, waiting and watching and hoping and pleading for the Police Commission to play the role the voters gave it. I haven't given up hope.

``But, I have to say, to me, this is the line in the sand. This is the litmus test of whether our charter amendment works or not.''

Chick complained that the commission has failed to issue many key recommendations from the Christopher Commission, such as developing a computerized tracking system of complaints against officers.

She also offered a rebuke of Mayor Richard Riordan.

``We have a mayor who was not concerned with reform, but only with growth of the Police Department,'' Chick said.

Riordan spokeswoman Jessica Copen said the mayor had supported reforms, but also had confidence in the Police Commission's ability to perform its role.

``The mayor gave his backing to provide them with the resources they need and he is confident they will do their job,'' Copen said.

Goldberg also voiced concern about the need for an independent review.

``We have a credibility gap,'' Goldberg said. ``We have to provide an answer to the question of whether we believe a report that comes entirely from the Police Department - even if the commission is a civilian group - can we believe that they have looked at everything?

``As I walk precincts, and it doesn't matter where people live, they ask me how we can have a real investigation without having an independent eye. People want an outside look at the department.''

The Los Angeles Police Protective League, which represents uniformed officers in the LAPD, has asked University of Southern California law professor Erwin Chemerinsky to conduct his own review of the Board of Inquiry report. Chemerinsky also was president of the elected Charter Reform Commission that reviewed the role of the Police Commission and Inspector General's Office.

League President Ted Hunt said the union wanted to be able to satisfy itself that the report receives a thorough review.

Also on Tuesday, the American Civil Liberties Union of Southern California renewed its call to have a fully independent civilian commission oversee the Police Department.