REQUEST FOR VETO: SB 1421 (Skinner) Peace officers: release of records.

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League Opposes

SB 1421 would put officers at risk of having their identify revealed for non-sustained or exonerated incidents. Additionally, this bill will expose cities to significant on-going non-reimbursable costs and litigation relating to the California Public Records Act (CPRA).

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Dear Legislator,

The CITY OF CITY respectfully requests your veto on SB 1421 (Skinner), which would put officers at risk of having their identify revealed for non-sustained or exonerated incidents. Additionally, this bill will expose cities to significant on-going non-reimbursable costs and litigation relating to the California Public Records Act (CPRA).

As written, SB 1421 provides for the release of police personnel files in three general categories: job-related dishonesty, sexual assault against a member of the public, and specified use-of-force incidents. The first two – dishonesty and sexual assault – SB 1421 only allows the release of information when there is a “sustained finding,” meaning that it was determined through an internal or criminal investigation that the incident not only occurred, but that the officer was found to have violated department policy or statute. We believe the specified use-of-force incidents should also be held to the same standard to be consistent and to ensure information is not released without proper findings. Our communities can benefit from an improved dialogue around law enforcement review and discipline. However, this measure lacks the proper balance between weighing officer safety, increased litigation, and public agency cost against public disclosure.

The bill also states that a public agency may redact or delay a record disclosure if the public interest served by not disclosing the information clearly outweighs the public interest served by disclosing the information under circumstances specified in the bill. While the balance test amended into this bill reflects current law, this exemption is rarely, if ever, used and invites legal challenges when invoked by the public agencies, which will lead to costly legal fees that an agency is unable to recover even when an agency prevails in the pending action. The burdens and risks of the additional requirement proposed by this bill would be substantial.

Additionally, Proposition 42 places all of the cost squarely on the shoulders of local public agencies when responding to CPRA requests. Proposition 42 also prevents cities from recouping any of these or future costs associated with the increased staff time that would be required to comply with this measure.

IF YOU HAVE SPECIFIC EXAMPLES OF THE IMPACT OF THIS BILL ON YOUR CITY/TOWN, PLEASE INCLUDE HERE.

For these reasons, the CITY OF CITY respectfully requests your veto on SB 1421 (Skinner).

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REQUEST FOR VETO: SB 1421 (Skinner) Peace officers: release of records.

Current Actions Items

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