STATUS IFFY ON DECREE DEADLINE.

Byline: James Nash Staff Writer

The LAPD failed to comply with a majority of provisions of a federal consent decree during the first three months of the year, raising the specter of missing a key June 15 deadline for implementing post-Rampart reforms.

A report issued Monday by Kroll Associates, the federal monitor overseeing the consent decree, says the Los Angeles Police Department had complied with just 15 of the 45 provisions tested in the first three months of this year. The LAPD was out of compliance on 21 items, and the monitor withheld judgment on nine.

Some officials expressed concern that the department will miss next month's deadline for achieving substantial compliance with dozens of provisions of the decree, which has cost the department about $30 million a year and burdened police officers with new work rules.

``These numbers are very troubling because we were continuously told we would hit that target by June 15, and now we're being told that we're not,'' said City Councilman Greig Smith.

LAPD officials were not available to comment. But in interviews last week, they said they're making progress on several fronts, including a computer system to track potential problems among officers and new procedures to investigate incidents in which officers use force against suspects.

The quarterly report faults the LAPD on both counts.

Kroll President Michael Cherkasky, who is supervising his firm's five- year, $11 million contract for the LAPD, declined to comment in detail about his firm's findings.

But in the report released Monday, the independent monitor wrote that the LAPD is moving toward its goals and that the monitor is ``pleased'' with progress so far.

``I certainly will say there has been good cooperation,'' Cherkasky said by phone from his office in New York. ``The LAPD, we do believe, has been acting in good faith. That's important, but trying hard is not enough because they have very specific requirements they have to meet.''

The consent decree was imposed in 2001 after authorities discovered that rogue officers in the LAPD's Rampart Division near downtown Los Angeles had routinely framed suspects, planted evidence and lied about their conduct.

The five-year agreement was signed with the stipulation that the LAPD can get out from under it after the department achieves two consecutive years of compliance - on a clock that will start ticking June 15 if the department hits that deadline.

Under the decree, LAPD officials say, they're making strides toward more regular auditing of divisions and officers, better investigations of officer-involved shootings and stepped-up sting operations to catch officer misconduct.

``We're really in the process of major change,'' said Capt. Scott Kroeber. ``When you look at it, you see that it really has to be a five-year process. Anything less than that would be doomed to failure.

``Based on what we've done so far - which at times has been frustrating and moved slower than I would have hoped - I would say we can do it,'' Kroeber said of full compliance in 2006. ``Whether it happens or not, I can't tell you, but it's not insurmountable.''

Deputy Chief Michael Berkow said LAPD auditors are regularly poring over data about arrests and citizen complaints - a focus on data that represents a major change from pre-Rampart days.

``As an (internal affairs) guy, you always live in fear of the next scandal and what you don't know,'' Berkow said. ``We've certainly put in place processes and systems to let us know before something breaks as a scandal.''

A spokeswoman for Mayor James Hahn said the mayor is confident the LAPD will be in full compliance by 2006. Councilwoman Cindy Miscikowski, who chairs the council's Public Safety Committee, said she hasn't studied the latest report but said compliance ``isn't a numbers game.''

Los Angeles Police Commission President David Cunningham III said the LAPD has prioritized major reforms such as the $32 million computer system to identify potential problem officers or divisions. Many of the items on which the monitor deemed the LAPD out of compliance are minor, Cunningham said.

``We're moving beyond a check-the-box approach to the issues that really matter, like the institutional changes in the department,'' Cunningham said.

James Nash, [phone]

james.nash(at)dailynews.com

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SOURCE: Kroll Associates

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