Police unions trying to keep old personnel cases private
In a blow to the Concord Police Officers Association, a Contra Costa Superior Court judge last week dissolved a temporary restraining order that the POA and two other police unions had received to keep certain criminal files against its members private before Jan. 1, 2019.
The Concord POA is one of three in the county trying to curb a new state law that sheds light on alleged criminal activities of its members. The court also issued a preliminary injunction in the case, waiting to determine if the case should move forward.
SB1421, by state Sen. Nancy Skinner, illuminates police disciplinary actions that for years have been hidden by strong privacy laws. The law opens certain misconduct records relating to findings of sexual assault, dishonesty on the job and unnecessary use of force, according to Josh Clendenin of the Concord city attorney’s office. Some of the cases even involve police K-9 Unit bites.
The unions don’t want the transparency to be retroactive before Jan. 1, 2019, and had obtained a temporary restraining order to that effect.
Joseph R. Lucia of the firm Rains Lucia and Stern in Pleasant Hill, represents POAs in Concord, Antioch and Richmond. “It’s about protecting police confidentiality,” Lucia told the Pioneer. “SB1421 should not be retroactive.”
Concord Police Chief Guy Swanger refused comment on the pending litigation, referring media inquiries to Clendenin. Although he couldn’t comment on the pending legislation, Clendenin said he is looking forward to a resolution of the issue.
In court filings, union attorneys said the law in place prior to SB1421 “afforded peace officers a confidentiality privilege to all the information contained in their personnel files.”
Many media organizations and the American Civil Liberties Union oppose the police unions’ petition, arguing for transparency. The ACLU is seeking records relating to several high-profile shootings, including the death of Oscar Grant at the Fruitvale BART station. Oakland’s police union has also filed suit to prohibit retroactivity in seeking police records.
“In many investigations, these records wouldn’t be disclosed,” Lucia said.
Peggy Spear
Peggy Spear is a journalist and frequent contributor to the Pioneer.