It’s Time for A City Attorney in L.A. That Will Hold the LAPD Accountable
Depending on who you ask, the election for Los Angeles City Attorney is the most important office on the ballot — yet it’s the least understood.
As the City’s lawyer, the City Attorney serves as the legal advisor to the Mayor, the City Council, and all municipal agencies (Department of Water and Power, etc.). The City Attorney also provides legal advice and opinions on city laws and other regulations. It’s the City Attorney who has the authority to argue that certain laws are illegal, unconstitutional, or would otherwise violate existing laws and precedents. The same power extends to the City Attorney’s relationship with the Los Angeles Police Department.
For example, did you know that the City Attorney can provide the LAPD with a legal opinion that using rubber bullets against protestors is a violation of local, state and/or federal law?
The City Attorney is charged with both fighting civil actions on behalf of the City and at the same time representing the City, its boards, and its officers in all civil trials and legal proceedings. So that means that the City Attorney is also responsible for defending the LAPD against civil lawsuits — including lawsuits brought by the families of those killed by the police.
It’s an interesting position to be in — defending the LAPD, the City of Los Angeles and at the same time serving as their legal advisor.
In the past, L.A. City Attorneys have approached civil suits against the LAPD and its officers as if the Police Department itself was their client. They have fought tooth and nail to withhold evidence, including body camera video. They have refused to settle or admit wrongdoing at every turn.
A helpful analogy is the role of the Attorney General of the United States. One of the AG’s responsibilities is to defend the federal government when lawsuits are brought against its representatives or agencies. This responsibility, however, does not mean that the AG must unquestioningly fulfill the orders of the government it represents. If an elected official or agency commits misconduct that negatively impacts the people of the United States, the AG has the authority to do what is best for the people, rather than the government. Thus, the office maintains an independence which allows it to hold members of the government accountable, investigate corruption and malfeasance, and use its discretion to choose which laws to defend.
If elected, I plan to adopt a different approach. Instead of approaching civil suits as if the LAPD were my client, I will approach these suits as if the City of Los Angeles, and the people that live in it, are my clients and do what’s best for the People.
An important example of the power of this discretion — a discretion that the L.A. City Attorney shares — took place in 2011, when former Attorney General Eric Holder wrote a letter to Congress informing them that the Department of Justice would no longer defend the Defense of Marriage Act, an action which paved the way for the law to be overturned by the Supreme Court in 2015. The Attorney General, although nominally charged with defending the United States (and by extension, its laws) when lawsuits are brought against it, used his discretion to decide not to defend a law that was immoral and unjust.
Similarly, as City Attorney, I will use my discretion to protect and defend the people of the city of Los Angeles, rather than inherently defend the LAPD. Police officers that use excessive force, attack peaceful protestors, indiscriminately fire upon unarmed civilians and harass communities of color unquestionably hurt Los Angeles. They cost the City millions of dollars each year in civil suits, and they do irreparable damage to public trust. Because of their actions, many Angelenos do not trust law enforcement. It’s time to address this crisis.
Historically, L.A. City Attorneys have covered up police misconduct, settling cases behind closed doors and failing to hold the LAPD accountable for their actions. We need a City Attorney who will stand up for the most vulnerable among us, rather than those who hold the most power.
If I am elected City Attorney, I will not use my powers to act as a shield for police wrongdoing or to hide the truth from the public. I will carry out my legal duties, but I will do so openly, publicly, and impartially. I will not twist the truth or hide evidence in order to defend actions that are clearly indefensible. Instead, I will allow these actions to be exposed for what they are, regardless of the consequences. That is how we create a better, safer, and more just Los Angeles.
Faisal Gill is a candidate for Los Angeles City Attorney. Learn more at gillforla.com.
