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Deputy union muddying the waters on police transparency – Press Enterprise OPINION Deputy union muddying the waters on police transparency The San Bernardino County Sheriff’s headquarters in San Bernardino. (Photo via Google Maps Street View) By THE EDITORIAL BOARD | [email protected] | PUBLISHED: December 26, 2018 at 6:00 pm | UPDATED: December 27, 2018 at 9:31 am https://www.pe.com/...arency/?utm_source=twitter.com&utm_medium=social&utm_content=tw-pressenterprise&utm_campaign=socialflow[12/27/2018 9:38:41 AM] Deputy union muddying the waters on police transparency – Press Enterprise In order to prevent the transparency about officer-involved shootings a new state law effective Jan. 1 will require, police agencies and unions from around California are working hard to muddy the waters and prevent that clarity from happening. In Inglewood, where the mayor is the retired former police chief of Santa Monica, the city is unapologetically shredding all its past documents that have to do with police shootings. Just a coincidence, the City Council and Police Department claim — suddenly, after all these years, they are running out of storage room. Right now. Days before the new law, Senate Bill 1421, is set to go into effect. ADVERTISING Get the latest news delivered SUBSCRIBE Follow Us Then, since the law — authored by state Sen. Nancy Skinner, D- SPONSORED CONTENT Berkeley, and intended to moderate the strictures of another law passed 40 years ago that gives California officers perhaps the greatest privacy protections in the nation — does not specifically refer to whether it How to pay off your house AS so simple) applies retroactively, the San Bernardino County sheriff’s union is taking no chances. The San Bernardino County Sheriff’s Employees’ Benefit By LendingTree Association has asked the California Supreme Court for an immediate order banning enforcement of the new law for incidents that occurred before Jan. 1, 2019. So no shootings or other forms of misconduct from MOST POPULAR the past could be considered for release if the order is granted. Photos: Tyisha Miller shooting, The statute will allow the 1 years later RELATED ARTICLES https://www.pe.com/...arency/?utm_source=twitter.com&utm_medium=social&utm_content=tw-pressenterprise&utm_campaign=socialflow[12/27/2018 9:38:41 AM] Deputy union muddying the waters on police transparency – Press Enterprise public to obtain police 2 20 years after Tyisha Miller wa personnel records for officers killed by Riverside police, what A record of safety, innovation and her legacy? modernization involved in the use of deadly force, sustained allegations of These are the 2018 Inland Em 3 photos of the year Ron Hart looks back at 2018 sexual assault and sustained Amtrak workers offered relocat misconduct. Of course it was 4 And peace online package or $10,000 to exit intended to include past Passenger killed in collision in A ban on airbrushing? incidents as well as future 5 Riverside is identified ones; otherwise it would 2 suspects in custody after dep No, California not on the verge of 6 specifically have said it has no involved shooting in Jurupa Va apocalypse: Letters retroactive force. But Los Person hit, killed by vehicle wit 7 horse trailer at rodeo event nea Angeles police Chief Michel Perris Moore, too, complains about complying: “the workload on the men and 2 shot at Corona apartment co women of the LAPD could prove to be well beyond any reasonable 8 expectation given the sheer volume of complaints and incidents 9 These are the colors, patterns maintained by that agency.” home design trends you’ll be s in 2019 That volume of complaints is precisely why the law exists. The public for four decades in this state has been prevented from knowing the truth about the bad actors who are sprinkled among the mostly hardworking and heroic peace officers in our employ. We deserve to know the truth, and the court should reject this muddying of the waters. Tags: Editorials https://www.pe.com/...arency/?utm_source=twitter.com&utm_medium=social&utm_content=tw-pressenterprise&utm_campaign=socialflow[12/27/2018 9:38:41 AM] San Bernardino police union sues over release of misconduct records HOME NEWS SPORTS BUSINESS LIFE USA TODAY DESERT MAGAZINE JOBS MORE Subscribe Sign In San Bernardino County sheriff's union sues to block new state transparency law requiring release of misconduct records Christopher Damien, Palm Springs Desert Sun Published 1:50 p.m. PT Dec. 19, 2018 CONNECT TWEET LINKEDIN COMMENT EMAIL MORE A law enforcement union that represents offcers from the San Bernardino County Sheriff’s Department has asked the California Supreme Court 3 free articles left. Only $9.99 per month.to stop the county from complying with a new state (Photo: Desert Sun fle photo) law that requires the disclosure of offcer misconduct records, until the court determines whether the law is retroactive. Only $9.99 per month. In one of two motions, The San Bernardino County Sheriff’s Employees’ Beneft AssociationSubscribe asked Now the court to determine whether the recently-passed Senate Bill 1421, which requires police departments to make public internal investigation records regarding offcers’ use of force, sexual assault and lying on reports, should be applied by the departments retroactively. And until the court issues a decision, the union’s second motion asks the court to stop the law from going into effect. The union’s president, Grant Ward, said in a statement that the union is fghting the requirement to release records pertaining to investigations of incidents that happened before Jan 1, 2019 and petitions the court to clarify whether or not the new law will apply to investigations that occurred before it takes effect. ADVERTISEMENT https://www.desertsun.com/story/news/2018/12/19/san-bernardino-police-union-sues-over-release-misconduct-records/2367677002/[12/27/2018 10:00:20 AM] San Bernardino police union sues over release of misconduct records MORE STORIES Two trials and six months in jail for beer run Dec. 27, 2018, 9:27 a.m. “SEBA is very concerned about any plans to retroactively apply Senate Bill 1421,” Ward said in the statement. “We believe retroactive application violates our members’ Car catches fre in La rights and we hope the California Supreme Court will consider the serious issues Quinta; police say DUI raised by our legal challenge.” Dec. 26, 2018, 10:30 p.m. More: Police misconduct records have been kept secret for years. California just approved a new law bringing them to light More: California lawmakers move to make police misconduct records more public Galilee Center gifts 600 bikes to east valley kids State Senator Nancy Skinner, D-Berkeley, who drafted the legislation, SB 1421, said Dec. 25, 2018, 4:49 p.m. California’s previous restrictions against releasing information about investigations into police offcer misconduct did not serve the best interest of the public. “When incidents such as a police shooting occurs, the public has a right to know that How will California laws there was a thorough investigation,” Senator Skinner said in a statement released change in 2019? while the bill was making its way through the legislature in 2018. “Without access to Dec. 25, 2018, 8 p.m. such records, communities can’t hold our public safety agencies accountable.” Scheduled to take effect in 2019, SB 1421 will allow the public to use the California Public Records Act to unseal internal investigation records related to when offcers use Couple that lost home in Camp Fire get pardons weapons on people, commit sexual assault or lie in police reports. The records may Dec. 25, 2018, 4:19 p.m. include evidence, recordings of interviews, autopsy reports, reports to the district attorney to determine whether to fle charges and copies of disciplinary records. While the bill will keep unfounded complaints from reaching the public, records that are Mojave land gift aims to disclosable will be unsealed 18 months after the incident. save teddy bear cacti The union’s case was fled as law enforcement agencies across California prepare for Dec. 25, 2018, 4 p.m. a wave of requests to release offcer misconduct investigations. More: 2006 California law prevented police misconduct records from reaching the public. State lawmakers might reverse course in next few days More: California Legislature can boost confdence in police by opening probe records Los Angeles Police Department Chief Michel Moore wrote in a letter included in the fling, that his department has established an SB 1421 Task Force to prepare for the https://www.desertsun.com/story/news/2018/12/19/san-bernardino-police-union-sues-over-release-misconduct-records/2367677002/[12/27/2018 10:00:20 AM] San Bernardino police union sues over release of misconduct records “massive infux in historical records requests it anticipates.” Moore writes in the letter that the infux of requests could be “beyond any reasonable expectation given the sheer volume of personnel complaints and uses of force (UOF) maintained in antiquated or archaic formats”. Zachery Lopes, an attorney with the law frm representing the union, said that as the law is written, every police department in California will have to determine how to comply with SB 1421. But Michelle Blakemore, an attorney who works for San Bernardino County, wrote in a letter included as an exhibit in the lawsuit that the county has reviewed SB 1421 and plans to enforce it retroactively. “In anticipation of SB 1421 taking effect, the Sheriffs Department has been diligently reviewing the changes to the law and carefully considering how to implement these changes,” Blakemore wrote. “Based on this review, and on the advice of counsel, the Department intends to apply these changes retroactively.”The union argues in the fling that the county’s plan is based on an incorrect interpretation of the law because SB 1421 does not explicitly order agencies to retroactively enforce the law.
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