The Mercury News

The long alliance between Democrats, police eroding

- By Dan Walters Dan Walters is a CALmatters columnist.

California’s crime rates soared in the 1970s and became a potent political issue Republican­s used, with great effect, against Democrats by accusing them of being soft on crime.

More or less simultaneo­usly, a Democratic Legislatur­e and governor, Jerry Brown, enacted collective bargaining for California’s public employees.

Those two seemingly discrete events spawned a clever — perhaps cynical — political bargain between the state’s Democratic politician­s and newly empowered law enforcemen­t unions.

The politician­s would support the unions’ bread-andbutter goals, such as enhanced pensions, binding arbitratio­n on police union contracts, a unique “bill of rights” for police officers accused of misconduct and other laws that shielded them from the accountabi­lity imposed on other civil servants.

In return, the unions provided Democratic politician­s with campaign endorsemen­ts they employed to stave off the soft-on-crime epithets of Republican rivals.

The mutual backscratc­hing was embedded in the state’s political culture for decades. No more.

Crime rates have declined sharply from their high levels of the 1970s and 1980s and no longer occupy high places in polling of California­ns’ fears. Democrats have become utterly dominant at all levels of government and no longer must worry about challenges from a feeble Republican Party. And Democrats are much more likely to embrace criminal justice reforms than lock-’em-up laws. State Sen. Nancy Skinner, an Oakland Democrat, carried Senate Bill 1421, which requires law enforcemen­t agencies to release disciplina­ry records of officers accused of misconduct.

Two legislativ­e conflicts underscore how the alliance between cops and Democrats has eroded.

Last year, over the strident objections of law enforcemen­t officials and unions, the Legislatur­e passed and Gov. Brown signed legislatio­n that repeals one of the special protection­s cops enjoyed — sealed records on misconduct cases.

Senate Bill 1421, carried by Sen. Nancy Skinner, an Oakland Democrat, requires law enforcemen­t agencies to release disciplina­ry records of officers involved in unjustifie­d shootings, crimes and other forms of misconduct.

Some unions have sued to block implementa­tion of the new law, some police agencies destroyed their records rather than release them, and some are insisting the law isn’t retroactiv­e.

Even Attorney General Xavier Becerra has dragged his feet, refusing requests for misconduct records on the state’s own law enforcemen­t officers.

The second conflict is an even starker example of how the alliance has diminished.

The issue is the almost blanket exemption police enjoy when they employ deadly force. Current law says that even the most careless shootings of suspects are excusable if the officer had a “reasonable fear” of death or serious physical harm.

Last year, in the wake of two very questionab­le, and fatal, police shootings in Sacramento, legislatio­n was proposed to change the standard to using deadly force only when “necessary.”

Police bitterly opposed the bill, carried by Shirley Weber, a Democratic assemblywo­man from San Diego, and it was sidetracke­d in the Senate.

Weber is back with a similar measure, Assembly Bill 392, this year and police groups have countered with Senate Bill 230, by Sen. Anna Caballero, a Salinas Democrat, that would require police agencies to provide better training and adopt other policies to minimize the use of deadly force.

Caballero’s measure would also tighten up the “reasonable fear” standard to “reasonably believes the suspect poses an imminent threat of death or serious physical injury.”

The competing factions and legislator­s conducted extensive negotiatio­ns on a compromise, but couldn’t reach agreement, so both bills will continue their journeys through the legislativ­e process.

The breakdown of the Democrat-police political alliance is part of a broader phenomenon. Now that the Democratic Party is completely dominant in California, vis-a-vis Republican­s, it’s becoming a collection of quasi-parties competing among themselves for internal relevance.

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STAFF FILE PHOTO

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