Disclosure of Peace Officer Records Laws 1

Disclosure of Peace Officer Records Laws

Joshua Abbott
Disclosure of Peace Officer Records Laws 2

The California Public Records Act (CPRA) provides the public the right to view all

public records. For law enforcement agencies this includes personnel records related to reports,

investigations, and findings concerning job-related dishonesty, sexual assault, and use of force

incidents. Much of an officer's personal information can still be redacted aside from an officer’s

name or work-related information. Information regarding complainants and witnesses can also be

redacted. Agencies can refuse to disclose records if they can articulate “the public interest served

by not making the record public” [Cal. Gov't Code § 6255]. Before this, it was incumbent on the

requestor to show a public interest need in requesting the records they desire. There is a list of

other exemptions that an agency can refuse to disclose but is not required to do so. Be familiar

with exemptions as oversharing could lead to morale and trust issues with employees.

Many other states are enacting, or have already implemented similar laws. Also, other

states have begun seeing officials voluntarily sharing backlogs of records without request even

being formerly made or laws being enacted. This seems to be a popular trend going forward and

whether one agrees with it or not, it is something we all must take seriously and prepare for. New

York, New Jersey, and Connecticut have all passed similar laws in which they tout more

accountability and transparency in public records. In Oregon, the Department of Public Safety

and Standards recently released the names of over 1700 officers, spanning a 50-year time frame,

who had their law enforcement privileges revoked after investigations determined they had

committed serious enough wrongdoing.

Disclosure of Peace Officer Records Laws 3

While we may debate the merits of these types of actions and laws, the reality of their

existence is not debatable. Nor is the reality that we as law enforcement professionals and leaders

will have to face the challenges presented from records request laws. We must adhere to laws but

do so in a way that respects the privacy of the public and our officers as much as is allowable.

Departments need to begin designating teams, appropriately sized for their agencies and

the numbers of requests being put forth. Many of us will be inundated with a seemingly non-stop

barrage of requests. Communication explaining realistic timeframes to requesters will be

paramount. Having teams staffed of supervisors who are trusted with being able to make

decisions independently and are supported by human resources, records divisions, and at least

some legal advisors is also extremely advised. Providing both online and traditional avenues for

interested parties to make requests is important in showing cooperation and not generating new

complaints or false narratives.

Another point of advice would be to prepare for current and future events that could

cause community critique. Putting together media teams well versed with the latest public

information officer training and practices and the use of social media practices will serve an

agency well in controlling future narratives. It is irresponsible to allow information on critical

incidents or sensitive incidents to be released without context. We cannot always control what is

presented by other government agencies, like in the case of Oregon, but we can utilize current

technology to present context to public records going forward.

Disclosure of Peace Officer Records Laws 4

References

De Avila, J. (2020, October 12). Tri-State Area Police Unions Fight to Keep Disciplinary
Records Private. Retrieved January 01, 2021, from https://www.wsj.com/articles/tri-state-
area-police-unions-ight-to-keep-disciplinary-records-private-11602435600

Selsky, A. (2020, July 14). Oregon releases police misconduct records, others to follow suit.
Retrieved January 30, 2021, from
https://www.csmonitor.com/USA/Justice/2020/0714/Oregon-releases-police-misconduct-
records-others-to-follow-suit