EDITORIAL: Close loophole in disclosure law for police disciplinary records – The Daily Gazette - The Daily Gazette
One definition of the word, “loophole,” is “a means of escape.”
Historically, a loophole was a slit or hole cut into the wall of a fort to allow for soldiers to peek out or for them to fire their weapons. Other loopholes allow light or air to escape.
But when it comes a state law requiring police agencies to disclose officer disciplinary records to the public, the only thing escaping its loophole is accountability.
And it’s time state lawmakers close it.
In the wake of the 2020 killing of George Floyd at the hands of an officer with a long record of misconduct, state lawmakers quickly passed a bill repealing Section 50-a of state Civil Rights Law.
Section 50-a allowed all records relating to police misconduct complaints, investigations and disciplinary outcomes to be withheld from the public.
The idea behind the law was to build trust between police and an untrusting public and to ensure that police leaders were not protecting rogue officers in their ranks and were actually disciplining officers who violated citizens’ civil rights.
But the language in the original bill contained a loophole that allowed for police and judges to widely interpret what records needed to be disclosed.
Since police are often reluctant to release such records and since the law gave judges wide discretion over what to release, the public has been left largely in the dark about police discipline in many cases.
Many departments continue to withhold records related to “unsubstantiated” misconduct complaints, as well as disciplinary records dating back before the law’s passage. Others are improperly interpreting exemptions in the state Freedom of Information Law to justify keeping records secret.
A new bill pending in the Legislature (A9050/S8428) would close the loophole and take away the ambiguity, confirming the Legislature’s original intent to make the “overwhelming majority” or police disciplinary records available to the public.
In addition to clarifying which records must be released, the new bill protects the identities of victims of police sexual misconduct, while still allowing the release of the relevant misconduct and disciplinary information. Some have feared that police would use the disclosure law to intimidate victims by threatening to release their identities.
Not all laws are written perfectly. When that’s the case, lawmakers have an obligation to revisit the law and fix the flaws.
Closing the loophole in the police disclosure laws is necessary to protect victims of police violence, ensure the public that police are addressing misconduct within their ranks, and to help police build a more trusting relationship with the people they serve.
source: https://dailygazette.com/2022/03/03/editorial-close-loophole-in-disclosure-law-for-police-disciplinary-records/
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