Starchild,
Please note that the LPC has taken an official position in favor of SB 1019, which would improve police accountability. See our motion and backup material after my signature.
You should read our LPC press release (available on ca.lp.org) and the applicable voluminous ACLU backup material, available at:
http://www.aclunc.org/issues/criminal_justice/police_practices/aclu-nc_urges_support_for_legislation_to_restore_civilian_oversight_of_police_agencies.shtml
Note that the LPC has been listed on the ACLU page. The LPC chair (Kevin Takenaga) wrote a letter to Senator Romero in favor of the bill, and I lobbied Senator Torlakson’s district office in person, plus I called Senator Romero’s Sacramento office. Note that the similar Assembly bill (AB 1648) was introduced by Mark Leno.
I hope this helps you tomorrow. Have a good interview!
Rich Newell
Motion (passed 5/7/07 14-0-0-0)
WHEREAS a recent California Supreme Court decision, Copley Press v. Superior Court, has shut out the public’s access to police records and hearings, effectively drawing a cloak of secrecy over police conduct, and
WHEREAS two bills were recently introduced in the California Legislature that would overturn the Copley Press decision and provide greater public access to police misconduct records: SB 1019, authored by Senator Gloria Romero, and AB 1648, authored by Assemblyman Mark Leno,
THEREFORE
BE IT RESOLVED that the Libertarian Party of California support SB 1019 and AB 1648.
Analysis
I. Description of Bill
The ACLU of Northern California has requested that the Libertarian Party of California take a stand in favor of these bills.
While employee records should be protected by some measure of confidentiality, it is clearly more important in the case of government employees in general, and police in particular, to allow limited public examination of records, including charges of misconduct. (The bills only address police records.)
These bills would provide greater access to police records in the following ways:
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Directly overturn Copley Press, and restore the limited public access to police complaint records and hearings that was in place before the court decision.
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Provide greater public access to basic information about sustained cases involving police discipline, including the name and badge number of the officer, a summary of the facts, charges brought, and disciplinary action taken.
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Allow police chiefs to release internal documents supporting a department’s findings when outside agencies find an officers’ conduct violates police policy.
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Make these records accessible under the California Public Records Act. Greater openness will lead to increased police accountability and public trust, and promote public safety.
Additional material from the ACLU in the form of “frequently asked questions” is attached in the file named “asset_upload_file605_4810.pdf”.
Links to the bills: Senate Bill 1019 http://www.leginfo.ca.gov/pub/07-08/bill/sen/sb_1001-1050/sb_1019_bill_20070326_amended_sen_v98.html
Assembly Bill 1648 http://www.leginfo.ca.gov/cgi-bin/postquery?bill_number=ab_1648&sess=CUR&house=B&author=leno%29,
II. Who is for and against it
SB 1019 has been endorsed by:
- Antonio Villaraigosa, Mayor of Los Angeles;
- William J.Bratton , Los Angeles Chief of Police;
- Ray Samuels, Newark Chief of Police;
- Bernard C. Parks, Former Los Angeles Chief of Police;
- National Black Police Association, Inc.;
- California Newspaper Publishers Association;
- American Civil Liberties Union;
- Taxpayers for Improving Public Safety;
- Californians Aware;
- First Amendment Coalition;
- La Raza Centro Legal, Inc.;
- Mexican American Legal Defense and Educational Fund;
- Merrick J. Bobb, Attorney at Law (former Special Counsel, Los Angeles Police Commission);
- Lawyers’ Committee for Civil Rights of the San Francisco Bay Area;
- Los Amigos of Orange County;
- Progressive Jewish Alliance;
- Coalition for Human Immigrant Rights of Los Angeles;
- Hunger Action Los Angeles
Police unions, particularly the Berkeley police union, oppose these bills. The police representative claims possible harm to police officers if these records are allowed to become public again, even though they were open for 20 years in SF and 30 years in Berkeley prior to the court decision, without any such incident.
Editorial opinion around the state seems to be strongly in favor of passage.
III. The status of the Bill
The House Bill has cleared committee but the Senate bill failed to do so. The ACLU needs our support by mid-May for it to be effective.
IV. Prospects for Passage
Though not an expert opinion, prospects for passage of the bill through both houses appear slim to moderate only, due to the strong opposition by the unions.
Actions Taken
- Letter supporting SB 1019 sent to Senator Romero
- Mentioned in May eFlyer
- Richard Newell lobbied Senator Tolakson’s office (with ACLU and others)
- LPC listed as a supporter on ACLU web site
- Press release (mentioned in June eFlyer)