City Attorney: DOJ found pattern of LAPD misconduct; council agrees to further talks on consent decree

The Los Angeles City Council heard a report from City Attorney James Hahn that the U.S. Department of Justice (DOJ) has determined the Los Angeles Police Department (LAPD) engages in a ‘‘pattern or practice’’ of misconduct and has authorized filing a civil suit seeking declaratory and injunctive relief under 42 U.S.C. § 14141.

Hahn told the council that DOJ officials told city lawyers they had concluded the LAPD had ‘‘a pattern of practice of excessive force, false arrests, unreasonable searches and seizures that are all in violation of the fourth and fourteenth amendments of the United States Constitution.’’ He said DOJ proposed negotiating a voluntary settlement (a consent decree) and would defer filing suit if the parties entered negotiations and filed a consent decree simultaneously with any complaint.

The council and staff described what DOJ raised in the May 5 meeting: concerns about the lack of a comprehensive early warning or officer-risk tracking system, shortcomings in supervision, training and discipline, and limits on the resources available to civilian oversight bodies such as the Police Commission and Inspector General. Hahn and other city officials said DOJ relied in part on materials the city had produced over the years, including the Board of Inquiry report and other internal documents.

Why it matters: A consent decree negotiated with DOJ could set binding, court-supervised reforms and create external monitoring to ensure implementation. It would not, Hahn said, eliminate liability for events that occurred before any decree, but it could affect how future litigation and injunctive claims are handled.

Council members debated whether the discussion should remain public. Council Member Wax said, “I think it’s imperative that we have this meeting in public,” arguing transparency would help restore public confidence. Several colleagues echoed the preference for public hearings and asked DOJ representatives to present to the full council.

Several council members said they support negotiating with DOJ to secure meaningful reforms and outside credibility. Council Member Ridley-Thomas said the city must acknowledge shortcomings in following through on reforms and that the focus had emphasized department growth rather than deeper reform. Council Member Goldberg said DOJ can provide ‘‘credibility, structure and commitment’’ to make sure reforms are actually implemented.

City staff said next steps would include scheduling follow-up meetings with DOJ as soon as possible to begin negotiating possible terms. Hahn recommended that the council appoint representatives from the council, the mayor’s office, the LAPD and the city attorney’s office to work with DOJ in negotiations; council members insisted any negotiating group act in public or report back to the whole council before final decisions.

Ending: Hahn said the city will provide council members with the DOJ letter from the meeting. Council members asked that DOJ officials be invited to brief the full council in public. The council did not adopt a binding public resolution on a consent decree in this session, but directed staff to continue talks and report back.