Attorney general’s wrong choice
California Attorney General Xavier Becerra, who’s sued the Trump administration more than 40 times, likes to fashion himself as a crusader for equal justice and opportunity for all. So it’s a wonder that he’s chosen to be on the wrong side of history on an issue as important as public transparency.
The First Amendment Coalition, a free speech organization based in San Rafael, is suing Becerra over his office’s failure to comply with SB1421, California’s police transparency law.
SB1421, by state Sen. Nancy Skinner, D-Berkeley, is a landmark new law concerning police misconduct records. These documents have been protected by some of the strictest privacy laws in the state.
But decades of secrecy and a lack of accountability have taken their toll on the public’s trust. That’s why free speech, police accountability, and good governance organizations organized tirelessly to pass SB1421.
Under the law, misconduct records related to sustained findings of sexual assault or dishonesty on the job, along with investigations about an officer’s use of a firearm or other use of deadly force, must be opened to the public.
The bill’s author has stated unambiguously that its intent was to open applicable records from the past as well as those in the future. There’s nothing in the bill’s text which limits its provisions to future records.
Yet law enforcement organizations hate the new law. They’ve been challenging it in court with the argument that it shouldn’t be applicable retroactively.
Apparently, they can count on Becerra’s support.
When contacted for comment, Becerra sent this statement: “Several cases have recently raised the issue whether SB1421 ... requires the disclosure of records relating to conduct that occurred before Jan. 1, 2019, which is SB1421’s effective date. Given the ongoing proceedings, at this time, we are prepared to disclose only records beginning Jan. 1, 2019. When it comes to disclosing a person’s private information, you don’t get a second chance to get it right.”
In any other circumstance, the state’s top law enforcement officer would probably say that you don’t get a second chance to follow the law in the first place.
The state’s top law enforcement officer sets the tone for all of California’s law enforcement. By denying public access to these records, Becerra is encouraging other agencies to disregard their obligations to public access and public transparency.
It’s the wrong choice.