Use-of-force cases spur debates over cops’ records
DENVER — Lawmakers in more than 20 states have considered bills this year to make the disciplinary records of police officers public or to share them with other agencies, a push that comes amid high-profile deaths at the hands of law enforcement. About 20 states still largely prohibit their release, however.
Supporters of greater transparency say it could help improve police accountability, build trust with the community and prevent officers with disciplinary problems who leave one department from being hired by another.
Opponents say the release of such records could harm the reputations of officers with only minor infractions or even put them in danger. They also argue that disciplinary actions are part of personnel records, which are exempt from state open records laws.
But amid growing nationwide protests against alleged excessive force by police officers, at least 16 states have contemplated measures to release such records, or summaries of them, publicly. Another eight have discussed making the records accessible to other law enforcement agencies.
In Utah, Republican Gov. Spencer Cox signed a bill in March providing legal immunity to law enforcement agencies that share background information about former employees with other agencies looking to hire. State Sen. Jani Iwamoto, a Democrat in the GOP-dominated Legislature, introduced the legislation in response to the case of a University of Utah officer who resigned while being investigated for allegedly sharing explicit photographs of a victim in an alleged extortion case who was later killed. The officer was later hired by police in Logan, Utah, who did not know about the probe.
“We want people to feel that they can report a bad cop,” said Iwamoto, who also successfully sponsored another bill to ensure that police disciplinary investigations are completed even if an officer resigns while one is in progress.
Without legislation in place, lawyers advised police departments not to share disciplinary records lest they be sued, Iwamoto said.
Maryland has gone further, approving the release of records related to formal misconduct complaints. The Democratic-controlled Legislature overrode a veto by Republican Gov. Larry Hogan, who objected to the public release of complaints that haven’t been substantiated.
Supporters contend the public has a right to see how police departments investigate complaints against officers.
The proposals come amid a national reckoning over the killings of Black people at the hands of police. Efforts to get access to police disciplinary records have increased along with public awareness of the issue, which has grown since the 2014 shooting of Michael Brown in Ferguson, Mo., said Rachel Moran, an associate professor and founder of the Criminal and Juvenile Defense Clinic at the University of St. Thomas School of Law in Minneapolis.
In Maryland, the move is part of a sweeping police reform package that was prompted by the 2018 death of Anton Black, a 19year-old African American who died in a rural Maryland town after officers pinned him to the ground for more than five minutes as they handcuffed him and shackled his legs.
One of the officers, Thomas Webster, had nearly 30 use-of-force complaints lodged against him while previously working in neighboring Delaware. Webster also had been charged with second-degree assault in that state for allegedly kicking a Black man in the head, but was acquitted in 2015.
Anton Black’s sister, LaToya Holley, said she hopes the new law translates into quicker answers for the families of anyone who dies at the hands of police.
“They need to work on trust,” she said of law enforcement. “There isn’t that much trust in the community.”
Other states seeking to address policing problems had already taken action before this year.
Pat Colligan, president of the New Jersey State Policemen’s Benevolent Association, said he would support the release of records only for major infractions, such as excessive force and civil rights violations, from now on.
He also would like to see the state’s early warning system be given a chance to provide officers with help or weed out those not meant to wear a badge.
“People have to stop assuming every officer is a problem officer,” he said.