Deputy Chiefs May Face Discipline Hearing

As one of his final acts in office, interim Los Angeles Police Chief Bayan Lewis on Monday ruled that two top deputy chiefs inappropriately sought pay raises they did not deserve, a highly placed source said.

Lewis, who is scheduled to retire today if police chief designee Bernard C. Parks wins City Council confirmation at a morning hearing, closed the investigation into the conduct of Deputy Chiefs Ronald C. Banks and Frank E. Piersol so that his successor would not be burdened with the controversy, according to the source.

Banks and Piersol, who were assistant chiefs to former Chief Willie L. Williams, were accused of submitting paperwork for 5% raises in an attempt to boost their salaries before Williams left office in May.

The accusations, received in a tip, were investigated by the LAPD’s inspector general, Katherine Mader. Lewis reviewed Mader’s report and, according to a source, sustained the allegations against Banks and Piersol, determining they sought raises to which they were not entitled.

Before Williams left office, he acknowledged that he approved the raises but said he was unaware that Banks and Piersol were not eligible for them until December 1997.

Lewis, a source said, also determined that Capt. Daniel R. Schatz, the head of the personnel division, improperly processed the two deputies’ paperwork.

All three men will be ordered to appear before an LAPD disciplinary panel to formally review the case and determine what, if any, punishment they will receive.

Banks, Piersol and Schatz could not be reached for comment late Monday.

Banks and Piersol have previously denied any wrongdoing, saying they were merely trying to determine whether they were eligible for the raises when they formally submitted the paperwork. When they were informed they were not eligible, the matter was dropped, they said.

The additional pension benefits alone would total more than $400,000 apiece if each deputy retired today and lived for 25 more years, a department official said.

Citing personnel restrictions, Lewis declined comment late Monday.

If members of the disciplinary panels--known by the LAPD as Board of Rights hearings--agree with Lewis, the three officers face possible punishments ranging from written reprimands to termination. But it is unlikely any of the officers would be fired over the matter. Under Los Angeles Police Department rules, the officers will face an internal trial on the allegations. Two LAPD officials and one civilian member will determine whether the officers are guilty of an offense and then set the punishment.

Lewis, according to the source, had his ruling reviewed by the city attorney’s office and other officials.

For Banks and Piersol, the sustained allegations are yet another setback in their careers. After Williams’ departure, both men were demoted by Lewis from assistant chief to deputy chief.

Lewis has said he bears no ill will toward either man but demoted them so he could install his “own team” to push his agenda during his three months as chief.

With their demotions came a cut in pay. Banks and Piersol have appealed to City Council members, asking them to restore their previous salaries. That appeal is still pending.

Had Lewis not concluded the investigation, several department observers said Parks would have been put in an awkward position of resolving the matter and his actions could have been construed by some as retaliatory. Both Piersol and Banks were considered strong backers of former Chief Williams, whereas Parks--who was demoted by Williams--was not.

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Additionally, Lewis’ action is intended to send a message that all officers, regardless of rank, will be held to the same standard of discipline, sources said. Disparities of punishments between rank-and-file and command officers has been criticized by Mader, who has said that statistics suggest that those in the department’s upper echelon are not punished as severely as other sworn officers.

According to one department official, an officer of a lower rank once received a 29-day suspension for seeking an hour of overtime she did not deserve.

“It will be interesting to see what happens to the deputy chiefs,” the official said.

Lewis notified Piersol of his findings late Monday after a reception at Parker Center held in Lewis’ honor commemorating his brief but busy tenure as chief, according to a source. Banks and Schatz, who were not in their offices late Monday, are expected to receive official notice later this week.