Should records of past disciplinary issues against law enforcement be made public in Pa.?
Police officers’ disciplinary records are almost entirely confidential in Pennsylvania, but several organizations, law enforcement and police union leaders said Thursday they’d at least conceptually support hiring reforms.
State Attorney General Josh Shapiro, the state District Attorneys Association, police executives from Philadelphia and Pittsburgh and the state Fraternal Order of Police were among those to support potential legislative change.
The suggestion calls for departments to make public any records of past disciplinary issues or complaints against law enforcement officers. Departments would be required to search a database and review the records of any officer before making a final job offer.
“Officers who engage in misconduct or use excessive force erode trust in law enforcement and make it harder for our communities to be and feel safe. When they leave an agency, or retire in lieu of termination, that record needs to go with them,” the group said in a joint statement. “We stand united in calling for reform of the hiring process so that law enforcement agencies have the information to make informed decisions about the personnel they hire.”
The issue is so prevalent that some departments don’t even request personnel records during the hiring process. Departments are often “blind” to a prospective employee’s history, even when misconduct or a pattern of excessive use of force is documented, Shapiro said.
State lawmakers should require law enforcement agencies to keep detailed personnel records, including all substantiated complaints, the group said.
“Millions are peacefully demanding change in our country and we need to show them we’re listening,” Shapiro said. “This is a down payment on the kinds of reforms we need to deliver, and I’m calling on the General Assembly to pass legislation. Community trust is vital for law enforcement, but trust is built through listening and then acting.”
State Senate Majority Leader Jake Corman, R-Benner Township, “think(s) there is value” in exploring constructive proposals, spokeswoman Jenn Kocher said Friday.
“He voted for similar legislation when it applied to teachers,” Kocher said. “He supports taking a look at doing this process for police, but committing to a plan is tough until we see legislation.”
Police officers are not the only ones who are granted an exemption. Information about most public employees’ discipline, demotion or termination is generally exempt under the state’s right-to-know law.
The demotion or termination is public, but organizations are not required to divulge the reason behind the move.
The Pennsylvania NewsMedia Association has long advocated for better access to public employees’ personnel records because “there’s no question that more access results in more accountability,” PNA attorney Melissa Melewsky said.
Any limit on public access should be “narrow in scope and limited in application,” she said.
“Denying access to records can create the appearance of impropriety or provide an opportunity for abuse. When access is denied, the public is left to wonder what actually happened, and that can cause confusion and the spread of misinformation,” Melewsky said. “Disciplinary records can illustrate public servants’ mistakes, but they are equally capable of illustrating public servants acting appropriately.
“The records tell the true story, whether it’s good, bad or somewhere in-between. The public should be able to draw their own conclusions from the relevant records.”
This story was originally published June 5, 2020 at 3:33 PM.