Restore Public Access to Information About Police Misconduct

May 2 - 8, 2007 by Maya Harris, The Post Newspaper

If you think relations between the police and communities of color need improvement, here's discouraging news.

The California Supreme Court recently barred the public's access to certain police records (Copley Press v. Superior Court), effectively draping a cloak of secrecy over police conduct.

Although last year's Copley Press decision doesn't explicitly require civilian review boards—like Oakland's Citizen Police Review Board (CPRB)—to close their processes to the public, the court decision will have that effect because such proceedings are almost always based on information from police records.

Since the Copley Press case was decided, for example, San Francisco Police Commission hearings of disciplinary cases and records have been closed. Other oversight agencies throughout the state have been similarly affected, including those in Los Angeles, San Diego, Berkeley and Oakland.

Despite citizen complaints about police use of force and racial profiling, California law now prevents the public from learning about police misconduct and discipline. No other public employees are shielded as much. And, in many other states, this information is provided to the public.

Secrecy around police misconduct harms community-police relations, erodes public trust and undermines police accountability—which ultimately jeopardizes public safety.

There's good news, however. Supporters of open government, accountable policing and improved community-police relations have swung into action to restore access to these police records. Senate Bill 1019 has been introduced in the California Legislature by Senator Gloria Romero to overturn the Copley Press decision and provide greater public access to police misconduct records.

In addition to the ACLU, SB 1019 is also supported by the National Black Police Association, the LAPD Police Chief, San Francisco Board of Supervisors, California Newspaper Publishers Association, La Raza Centro Legal and the Ella Baker Center for Human Rights, among others.

We need your help to restore police accountability. Get involved!

In fact, this week, the Oakland City Council Rules Committee—which includes Council members De la Fuente, Chang, Reid and Brunner—is taking up this important issue because the Oakland CPRB has recommended that the City support SB 1019. Let the Rules Committee members and Mayor Dellums know why public access to police records is important to you and the City of Oakland.

For more information on SB 1019 and ways to get involved visit www.aclunc.org on the Police Practices page.