Los Angeles Municipal Code Art. 11 Rights of Employees Who Contact or Are Contacted by the Inspector

GENERAL OF THE POLICE COMMISSION

Section

Under the City Charter the Inspector General, acting under the ultimate authority of the Board of Police Commissioners, oversees the police disciplinary process. Equipped with investigative authority, the Inspector General requires information from complainants and witnesses to operate effectively.

Employees should be free to contact the Inspector General or respond to queries from the Inspector General without having to fear that their employment might be adversely affected. The fact of such contact should be regarded as entirely irrelevant event in that regard. Retaliation against employees by adverse employment action or harassment represents both unfair and unacceptable treatment of employees and undermines the effectiveness of oversight efforts of the Inspector General by threatening the continued flow of information.

Similarly, protection of the identity of persons who file complaints with the Inspector General and of witnesses contacted by the Inspector General may be necessary to assure the Inspector General’s effectiveness. While the law may in some instances require disclosure of identity and in others the Board of Police Commissioners may determine that disclosure is required for law enforcement or other purposes, every effort should otherwise be undertaken to protect the confidentiality of complainants and witnesses.

The Police Department has a policy forbidding retaliation for reporting misconduct, testifying or supporting a complainant, advising a complainant, assisting or participating in related investigations and proceedings, or taking other protected actions. The Department maintains that such policy fully applies to retaliation for contacts with the Inspector General, and this ordinance references the current policy and future revisions.

SECTION HISTORY

Article and Section Added by Ord. No. 172,466, Eff. 3-28-99.

No employee shall retaliate against any person for having contacted or having been contacted by the Inspector General. The proscribed retaliation shall include, but not be limited to, causing an employee to suffer an adverse employment action or to be subjected to harassment. No employee shall assist another person engaged in retaliation. “Adverse employment action” shall include, but not be limited to, discipline (formal or informal), reduction in compensation, denial of advancement, change of assignment, or transfer to another work location. “Harassment” shall consist of other unwarranted treatment whether committed by a superior or a co-employee.

Police Department employees are expected to comply with policies adopted by the Board of Police Commissioners or the Chief of Police that forbid retaliation in connection with contacts with the Inspector General including, but not limited to, Special Order No. 8 issued July 31, 1997 — which details the prohibited conduct, sets forth supervisorial responsibilities, and requires the reporting of retaliation as a form of misconduct — and any subsequent revisions of that policy.

Taking action against an employee that is justified on the merits does not constitute retaliation forbidden by this provision. Because the fact that an employee is in contact with the Inspector General should be regarded as entirely irrelevant to the employee’s status or how the employee should be treated, just as the employee should not suffer retaliation as a result, so such contact should not be seen as providing immunity to an employee from performing the employee’s obligations under the law or as an employee.

SECTION HISTORY

Section Added by Ord. No. 172,466, Eff. 3-28-99.

Except as may be required by law or those with authority over the Inspector General under Charter Section 573, information relating to complaints received by and investigations conducted by the Inspector General shall be regarded as confidential.

SECTION HISTORY

Section Added by Ord. No. 172,466, Eff. 3-28-99.

Amended by: Ord. No. 173,308, Eff. 6-30-00, Oper. 7-1-00.