LAPD COMPLAINT MEMOS CRITICIZED.

Byline: Patrick McGreevy Daily News Staff Writer

Police Commission members said Friday they will seriously consider a proposal to abolish the use of ``miscellaneous memos'' as a way of disposing of allegations of police misconduct outside the normal personnel complaint process.

Commissioners Deirdre Hill and Ray Fisher said they are receptive to the recommendation of Special Counsel Merrick Bobb and Mark Epstein that the ``off the record'' memo process should be done away with because of it is being abused.

``Based on the recommendation of the report, my presumption is yes, it should be abolished,'' said Fisher, who chairs a task force on the disciplinary process. ``But I would like to hear the departments' response to see if they can justify it.''

Most allegations of police misconduct are made in a personnel complaint that receives a full investigation, goes through adjudication and can end up in an officer's file.

When the allegations do not appear on their face to show violation of department policy, an initial, abbreviated review may be conducted without filling out a personnel complaint form, the report said.

If the allegations do not rise to the level of misconduct, they can be disposed of with a ``miscellaneous memo,'' which summarizes the issue without providing the full statements of witness interviews provided in personnel complaints.

The memo is kept in the Internal Affairs Division, but its existence may be noted in the personnel file.

``For all practical purposes, it is as if the allegations were never made and an investigation never occurred,'' said the special counsel report.

The Police Department says that if actual misconduct is found, the allegations are put into the form of a personnel complaint.

Police union director Dennis Zine said he sees a purpose to having the ``miscellaneous memo'' process.

``Sometimes someone will make an absolutely outrageous allegation against a police officer, and it is unfair to have that go in their file as a personnel complaint,'' Zine said. ``I see a value to miscellaneous memos.''

Bobb and Epstein were appointed by the commission to review the status of Christopher Commission reforms made five years ago, including changes to the disciplinary process.

They released their report Thursday, recommending among other things that the use of miscellaneous memos be abolished because the procedure is abused.

The special counsel reviewed 50 miscellaneous memos and found evidence of abuses.

``Contrary to the LAPD stated policy, the vast majority of cases did allege possible misconduct or a violation of policy and should have been treated as personnel complaints and disposed of as such,'' the report said.

``Of greater concern, there were examples where the miscellaneous memo was used to dispose of particularly sensitive allegations against high-ranking executives,'' the report said. ``In still other instances, it appeared that a matter was treated as a miscellaneous memo because the allegations were thought to be so preposterous or so inflammatory that it was deemed unfair to have the matter on the officer's record even if he or she were exonerated or allegations were held to be unfounded.''

In several cases, the allegations were of a sexual nature - including a female supervisor becoming involved with a male under her supervision, and an officer who allegedly paid a complainant for sex.

``Whether the LAPD's judgment as to the baseless nature of a complaint is right or wrong, the system lacks integrity when it appears that the matter was prejudged, that the investigators were only going through the motions,'' the report said.

While acknowledging that some people can abuse the complaint process by making preposterous allegations that unfairly taint an officer, the special counsel wrote, ``It is important that all investigations be subject to scrutiny and review and not be swept under the rug by miscellaneous.''

LAPD Cmdr. Tim McBride said Police Chief Willie L. Williams will review the special counsel's report, including the recommendation on disciplinary issues.