State’s police chiefs support records transparency
Law enforcement has been harshly criticized for failing to comply with California’s new police records transparency law. As a retired police chief, current trainer and consultant to chiefs and departments throughout the state, I’d like to bring facts and perspective to the conversation.
It has been regularly stated that police are fighting the new law, SB 1421, in court. Actually, it’s labor unions that represent rank and file that went to court to contest the release of the information, not the agencies or police chiefs. The inference that police chiefs and departments are actively opposing the law is inaccurate.
The California Police Chiefs Association supported and worked on the legislation with its authors, and was the only
public safety entity to do so. The association has historically worked with state legislators to provide context and minimize unintended consequences of public safety legislation.
From the chiefs association’s perspective, it was clear that the bill was going to become law and there was significant public support for it. By being at the table as the bill moved toward its final draft, the chiefs were able to negotiate and educate on issues.
This law is far from perfect, and that can explain why it’s being argued in court. Despite these issues, agencies had been preparing to comply with the disclosure requirements before the unions went into court. The law requires release of records pertaining to officers’ discharge of firearms, use of major force, sexual assault and dishonesty.
Now, many chiefs have been advised by their legal representatives to wait for the court to rule on the cases before proceeding with release of records. The concern is that premature records release could result in lawsuits against the departments should the courts rule differently than the law. There are no takebacks of the records once they are released, so the delay is prudent for all concerned.
This conflict with labor unions is unfortunate. I, like many chiefs today, would rather demonstrate accountability by releasing the cases required and letting members of the public see that the decisions they expect from their chiefs are being made. In most disciplinary cases, actions taken by the chiefs are based on the facts and standards for discipline as outlined by department policies and laws. Due process exists to make this as fair as possible to all involved.
Police chiefs have a strong incentive to make this information public. They are assessed by their employers in large part on their ability to engage with, and build relationships in, their communities. Strong relationships exist due to honesty and openness by all parties, stripping down barriers and misconceptions, and taking ownership. The controversial incidents involving law enforcement have eroded this. Disclosure of once-confidential files is an important step to rebuilding that trust.
In our communities, transparency has always been a goal of law enforcement. It’s one of the pillars of building trust and communication that we strive to create and maintain. Laws and rules limiting the release of information are changing. Once the court rulings have been made and records are released, you will better appreciate the incredible work that members of public safety are doing in your community.