From: SFGate
By Vivian Ho 2/19/16
Records detailing police misconduct and serious use of force, long kept confidential, could become public in California if legislation announced Friday is passed into law.
State Sen. Mark Leno, seeking to tighten accountability amid a national conversation over police shootings and a push for law enforcement reform in San Francisco, introduced a bill that would roll back a 1978 law and subsequent Supreme Court rulings that prompted cities to close police disciplinary cases to the media and the public.
“We’ve reached a critical point in the public’s perception of how law enforcement is doing its critically important work,” Leno said at a news conference in San Francisco, where he was joined not only by police watchdogs and progressive city supervisors but District Attorney George Gascón, a former city police chief.
“Officer-involved shootings around the country revealed on video have raised serious concerns,” Leno said. “Now more than ever the public’s trust in its law enforcement agencies is needed.”
It’s the second time Leno has pushed to restore such access, but stopping the bill will be a top priority for police unions, who argue that accountability can be achieved without violating officers’ privacy.
Harry Stern, an attorney who represents officers around the Bay Area, slammed the proposal, linking it to the San Francisco Board of Supervisors’ recent approval of a day of remembrance for Mario Woods, the stabbing suspect whose video-recorded killing by police sparked protests and a federal review of the city force.
“No one is against accountability,” Stern said. “But when politicos press an agenda that includes declaring a day in honor of a violent felon, one must consider their motives with a jaundiced eye. … In today’s criminal-friendly, antipolice climate, we need fewer baseless public floggings of cops, not more.”
Public allowed access
Under the Increasing Law Enforcement Transparency bill, the public would be allowed access to records of serious instances of use of force — those that cause death or serious bodily injury — and records of sustained charges of misconduct, including sexual assault, racial profiling, job dishonesty, violation of rights and illegal search or seizure. That means officials have completed an investigation and found the officer in violation.
Those who file complaints would be able to obtain more information on the investigation, the findings and any discipline imposed, rather than a current cursory response that informs the person if charges were “sustained” or “unsustained.”
In cities, including San Francisco, the bill would also allow local officials to decide whether to restore public hearings and public appeals on allegations of misconduct.
“We’ve reached a critical point in the public’s perception of how law enforcement is doing its critically important work,” Leno said at a news conference in San Francisco, where he was joined not only by police watchdogs and progressive city supervisors but District Attorney George Gascón, a former city police chief.
“Officer-involved shootings around the country revealed on video have raised serious concerns,” Leno said. “Now more than ever the public’s trust in its law enforcement agencies is needed.”
It’s the second time Leno has pushed to restore such access, but stopping the bill will be a top priority for police unions, who argue that accountability can be achieved without violating officers’ privacy.
Harry Stern, an attorney who represents officers around the Bay Area, slammed the proposal, linking it to the San Francisco Board of Supervisors’ recent approval of a day of remembrance for Mario Woods, the stabbing suspect whose video-recorded killing by police sparked protests and a federal review of the city force.
“No one is against accountability,” Stern said. “But when politicos press an agenda that includes declaring a day in honor of a violent felon, one must consider their motives with a jaundiced eye. … In today’s criminal-friendly, antipolice climate, we need fewer baseless public floggings of cops, not more.”
Public allowed access
Under the Increasing Law Enforcement Transparency bill, the public would be allowed access to records of serious instances of use of force — those that cause death or serious bodily injury — and records of sustained charges of misconduct, including sexual assault, racial profiling, job dishonesty, violation of rights and illegal search or seizure. That means officials have completed an investigation and found the officer in violation.
Those who file complaints would be able to obtain more information on the investigation, the findings and any discipline imposed, rather than a current cursory response that informs the person if charges were “sustained” or “unsustained.”
In cities, including San Francisco, the bill would also allow local officials to decide whether to restore public hearings and public appeals on allegations of misconduct.
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