San Francisco Chronicle

Attorney general’s wrong choice

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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.

 ??  ?? State Attorney General Xavier Becerra has sided with police unions on releasing misconduct records.
State Attorney General Xavier Becerra has sided with police unions on releasing misconduct records.

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