Protests Fuel Push For Increased Access To Police Records

In the days after white Minneapolis police officer Derek Chauvin was filmed pressing his knee into the neck of a black man named George Floyd — killing him and sparking nationwide protests — multiple media outlets reported Chauvin had received 18 use-of-force or misconduct complaints over his 19-year career in law enforcement.

The information fueled public fury over police accountability and helped pave the way for a second-degree murder charge against Chauvin, who was fired within 24 hours of the May 25 killing.

But in many states, such a quick release of his personnel file wouldn't have been possible. Public records laws in 18 states exempt officer disciplinary reports and misconduct allegations from disclosure requirements, and another 18 states allow only limited access to that information.

Ed Hutchison, president of the National Police Association, said the organization supports laws that provide records after "a judge has had the opportunity to hear the concerns of the officer and has determined the information is material to the requester."

But he said too much disclosure — especially of complaints that have not been investigated or were found to be false — could incite attacks by "violent opportunists or domestic violent extremists."

"As long as law enforcement remains unique in being the only employment which results in employees being targeted for shootings, stabbings, and being run over with cars simply because of the uniform, states have a unique duty to mitigate targeting of law enforcement officers to the best of their abilities," Hutchison said in a statement to Law360.

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Law enforcement warns of unintended consequences with Colorado Democrats’ sweeping police accountability bill

An inability to recruit officers. Financial burdens small law enforcement agencies can’t handle. Sullied prosecutions.

As Colorado Democrats’ sweeping police accountability bill received its first hearing on Thursday, police, prosecutors and Republican state lawmakers raised concerns about unintended consequences.

“This bill is needed. We agree these types of actions are needed to respond to the compelling interests of the community across this country for policing and the actions of police officers,” said Ron Sloan, director of the Colorado Association of Chiefs of Police. “If we’ve got one chance to make this bill as good as we can, we need to clean up some of the issues.”

Senate Bill 217 was introduced on Wednesday in response to George Floyd’s death at the hands of police officers in Minneapolis last week, and it has the support of every Democratic state lawmaker and Gov. Jared Polis. The measure has been lauded as a major step toward stopping excessive use of force and rooting out bad officers as protests in Denver following Floyd’s death reached their eighth day on Thursday.

In fact, as lawmakers were weighing the legislation on Thursday hundreds were gathered outside the Capitol calling for more police accountability.

“Basically what this bill will do is it will help address police brutality in Colorado,” said Sen. Rhonda Fields, an Aurora Democrat and a prime sponsor of the measure. “This bill is calling for equal protection of black lives under the law.”

And while Republicans and the law enforcement community praise parts of the legislation, they fear that the measure is being rushed through too quickly and that problems will arise. They are pleading for changes to add specificity to the bill and limit its broad impact.

“There are things in this bill that are good,” said Sen. Bob Gardner, a Colorado Springs Republican who sat on the committee that heard the legislation Thursday, “but it needs a lot of work to find the right balance.”

Privately, some Democrats express similar concerns as lawmakers attempt to quickly pass the bill during a legislative session abbreviated by the coronavirus crisis. The lawmaking term is slated to wrap up before the middle of the month.

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