Home » Bill Giving Law Enforcement Option to Give Officer Termination Specifics Signed into Law

Bill Giving Law Enforcement Option to Give Officer Termination Specifics Signed into Law

by CC News
Senator Aisha Wahab

Last week, Governor Gavin Newsom signed SB 400, which aims to increase transparency by allowing law enforcement to voluntarily share why an officer was terminated.

Senator Aisha Wahab announced the signing via social media:

“Proud to announce SB 400 has been signed into law! “This law bolsters efforts for transparency and accountability in law enforcement and reinforces trust with the public” -Aisha Wahab- Chair of the Senate Committee on Public Safety.

The bill allows for law enforcement agencies to announce that a peace officer or custodial officer was terminated for cause. SB 400 also empowers agencies with the choice to disclose the specifics of an officer’s termination directly to the public.

The bill passed the Senate floor in a 39-0 vote on February 22, 2024 and the Assembly floor in a 67-0 vote. Last year, the bill also passed unanimously with a 40-0 vote on Sept.7 (Senate) and 72-0 vote (assembly on Sept. 6.

Waha said SB 400 was developed in collaboration with the San Jose Police Department in response to a highly scrutinized situation in which they terminated an officer for engaging in an inappropriate sexual act while on the job. Despite the sexual act falling into 1 of the 8 existing disclosable incidents of misconduct, the police department was not able to publicly confirm the reason for the termination until a public records act request was initiated, even though the department was willing to share the information as to why such a decision was made.

SB 400 is sponsored by San Jose Police Chief Anthony Mata and supported by a number of organizations including California Public Defenders Association, National Policy Accountability Project, San Francisco Public Defender, and Smart Justice California.

Editors Note – while an agency can voluntarily share specifics on officer termination, the bill does not mandate it.


A look at SB 400:

LEGISLATIVE COUNSEL’S DIGEST

SB 400, Wahab. Peace officers: confidentiality of records.
Existing law, the California Public Records Act, generally requires public records to be open for inspection by the public. Existing law provides numerous exceptions to this requirement. Under existing law, the personnel records of peace officers and custodial officers are confidential and not subject to public inspection. Existing law provides certain exemptions to this confidentiality, including the reports, investigations, and findings of certain incidents involving the use of force by a peace officer.
This bill would clarify that this confidentiality does not prohibit an agency that formerly employed a peace officer or custodial officer from disclosing the termination for cause of that officer, as specified.
Editors Note

 

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