LOS ANGELES, April 19, 2012 - The Los Angeles Police Protective League (LAPPL) today announced its Board of Directors’ decision to file a lawsuit in Los Angeles County Superior Court against the City of Los Angeles and its police department, seeking declaratory and injunctive relief related to the Chief of Police’s new unlicensed-driver vehicle impound policy.

The suit was prompted by the concerns of LAPPL directors and members that the new policy, recently approved by the Police Commission, conflicts with state law and thus necessitates judicial clarification for officers concerned about complying with state law while still fulfilling their duties as law enforcement officers for the City of Los Angeles. In addition, the new policy may subject LAPD officers to potential civil liability if they impound an unlicensed driver’s car under the new one-day policy, and that driver, within those next 30 days, goes on to cause a collision resulting in injury or death.

The LAPPL’s decision to litigate was not taken lightly, and it is not a position on immigration policy or the status of undocumented immigrants in this country. The Police Department’s Special Order No. 7 establishes the policies and procedures in this regard and these separate political issues are the province of elected officials and voters.

“Our lawsuit is based on our duty to fairly represent and protect the working conditions of LAPD officers,” states League President Tyler Izen. “As sworn officers of the City of Los Angeles and peace officers of the State of California, they are required to enforce all applicable state traffic laws, irrespective of a traffic violator’s immigration status. Equally important is the duty of police officers to obey all administrative legal policies approved by the Police Commission and implemented by the Chief of Police.”

The Police Commission’s approval of the revised impound policy has created an actual conflict between the state legislative actions codified in the Vehicle Code’s procedures, which mandate 30-day impoundment of a car driven by an unlicensed driver; and the new proposed policy, which instead authorizes the impoundment of these vehicles for only one day. A recent independent legal opinion by the state’s Office of Legislative Counsel concluded that no municipality had the authority to direct its police officers to impound these cars for less than 30 days. The Los Angeles City Attorney issued an opinion reaching a contrary conclusion.

The LAPPL is concerned its members will be affected significantly by the Police Commission’s decision. According to Izen, “The officers are in a catch-22. We believe a review by the courts is necessary and appropriate to determine the rights and duties of not only Los Angeles police officers, but all state law enforcement officers so they may continue protecting and enhancing the safety of all Californians.”

Contact: Paul Haney (626) 755-4759 or Eric Rose (805) 624-0572.

About the LAPPL: Formed in 1923, the Los Angeles Police Protective League (LAPPL) represents the more than 9,900 dedicated and professional sworn members of the Los Angeles Police Department. The LAPPL serves to advance the interests of LAPD officers through legislative and legal advocacy, political action and education. The LAPPL can be found on the Web at www.LAPD.com.