Shining a light on police misconduct

Its impacts were swift.

Days after the law went into effect the public became aware that a Burlingame police officer resigned after an investigation revealed he sexually propositioned a woman, following two separate incidents with two other women (“Burlingame cop fired for seeking sex from suspects” in Jan. 8 edition of the Daily Journal). The appalling revelation came because, on Jan. 1, 2019, police misconduct and use of force records covered by SB 1421 became public records. After obtaining the records allowed under SB 1421, the San Mateo County district attorney considered reopening a criminal case against that officer for his actions.

This is democracy in action.

The public has bestowed on our law enforcement officers the authority to detain, arrest and use force on members of the public. As such, the public has a right to know when police use and abuse these powers, as was the case with the allegations against the former Burlingame officer. Californians also have a right to know if their local police department and other accountability systems are doing a good job holding officers accountable when they violate the law or department rules. SB 1421 restored this important public right to know.

This commonsense law also brought California in line with other states that already had these transparency measures in place. In fact, nearly 27 other states, including Alabama, Florida, Georgia, Illinois, Kentucky, Minnesota, Ohio and Texas, already make peace officer disciplinary records available in some form and have not experienced negative impacts on public safety as a result. Before SB 1421’s passage, California police departments were expressly forbidden from sharing with the public whether an officer was guilty of falsifying police reports, planting evidence or sexually assaulting a member of the public while on the job. Police departments were also forbidden from sharing the factual findings in investigations of police shootings.

It is no surprise that under these circumstances, trust in law enforcement was tarnished — particularly within low-income communities, communities of color and other marginalized groups. This was especially the case when the public would learn of high-profile incidents in the news, but departments were unable to provide answers to the public’s questions because they were bound to silence by state law.

Like you, I know that peace officers’ jobs are difficult and challenging, and that as soon as officers don their uniforms and walk out the door to start a shift, they can’t be certain they will make it home to their loved ones. I honor that service and have great respect for the men and women who have sworn to serve and protect us.

My hope is that the public and law enforcement ultimately see SB 1421 for what it is: an opportunity for us to come together, have open and honest conversations, strengthen our democracy and find solutions that work to truly keep our officers and our communities safe.

Nancy Skinner represents District 9 and chairs the Public Safety Committee for the California Senate. District 9 includes Richmond, Berkeley, Oakland and San Leandro.