Protect Officers from Retaliation

Consider the following hypothetical: LAPD Detective X anxiously contacts the Police Commission's office of the inspector general. He nervously states that a superior, a deputy chief, committed misconduct several months earlier. Detective X feared the misconduct would be buried and he would be subject to retaliation if he reported it up the chain of command. Detective X authorizes the inspector general to tell the Police Commission of this accusation.

During a closed session of the Police Commission, the chief of police is questioned about Detective X's allegations. The chief replies that Detective X is a problem officer with a grudge against the department. The following day, Detective X is abruptly transferred. His supervising captain demands to know what Detective X told the inspector general. Detective X is then charged by the department's discipline system with "failing to report misconduct in a timely manner."

According to department policy, if Detective X believed that a deputy chief committed misconduct, he was required to immediately report the misconduct through his own chain of command. Going to the inspector general did not relieve Detective X of his departmental responsibility to report misconduct immediately.

After being charged, Detective X claims that he is being punished for confiding in the inspector general. Detective X cites the Police Commission's 1997 anti-retaliation policy, and claims that he should be shielded from being questioned, transferred or disciplined as a result of his inspector general visit. He angrily complains to the inspector general, "Look at this mess! A real I.G. would have protected me!"

Detective X's complaint has merit. The Police Commission's well-intentioned anti-retaliation policy conflicts with City Charter Section 202, which gives the chief of police absolute and total control of the LAPD disciplinary system. In the above scenario, the chief can rightly claim, "We're not disciplining Detective X for going to the inspector general. We would never do that. Detective X's talents are needed in another unit. We are disciplining Detective X for not immediately reporting misconduct through his chain of command."