California Lawmakers Consider Bill to Shield Police Misconduct Records
California police officers accused of misconduct are already protected by some of the strictest confidentiality laws in the country, but state lawmakers are considering adding more layers of secrecy. The state Legislature is weighing Assembly Bill 1178, which press advocates and police watchdogs say would drastically expand the number of officers whose personnel records are exempt from public disclosure, essentially gutting police transparency bills passed in 2018 and 2021.
Last-minute changes to the bill last week would have allowed law enforcement agencies to deny requests for public records related to any officer who has worked an undercover assignment within the last two years, received a death threat in the last 10 years, or anyone who has been assigned to a state or federal task force. The office of Assemblywoman Blanca Pacheco (D-Downey) said the bill was initially “very narrowly targeted” to protect the identities of active undercover officers who did not commit misconduct and are not under investigation but were present during wrongdoing by others.
Opposition to the Bill
Opponents contend that the proposal’s original language could still allow undercover officers to have their names kept secret even if they are involved in a fatal shooting or accused of serious misconduct. Shayla Wilson, policy and advocacy advisor for La Defensa, a criminal justice reform advocacy group, said: “At a time when public trust in law enforcement continues to dwindle, further redactions in police misconduct records is not the right move.” Transparency advocates have sought to expand public access to police personnel files, as well as records related to civilian oversight bodies and misconduct litigation.
LAPD officers conduct an operation on Slauson Avenue in July. (Luke Johnson / Los Angeles Times)
Police Unions and Lawmakers
The unions and their allies have argued that California’s confidentiality rules protect officer safety and privacy — and prevent so-called doxxing incidents, in which personal information about officers is spread online. LAPD Chief Jim McDonnell did not respond to several attempts for comment through a spokesperson. The Police Commission, the department’s civilian watchdog, said in a statement that it supports Pacheco’s legislation.
“There is valid concern for the safety of officers whose assignments require anonymity as well as employees who have been subject to death threats — and their families. The Commission does believe that transparency is important but feels it is crucial to strike a balance between the public’s right to know and the safety of officers and their families,” the statement said. The commission’s statement did not cite specifics but noted, “there have been times when the disclosure of records has provided safety concerns for officers and by default an [undue] level of access to their families, including their minor children.”
The proposed changes to state law come amid ongoing litigation over the publication of thousands of mugshot-style photos of LAPD officers obtained by an L.A.-based journalist and the watchdog group Stop LAPD Spying Coalition. For more information on this topic, visit Here
Image Source: www.latimes.com
