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Police gun in holster
“We’re investigating.” These words are meant to instill confidence, especially when a high-ranking or entrusted official is accused of misconduct or criminal activity. But what happens once public and media scrutiny fades? Unfortunately, in too many cases involving law enforcement officers, we simply don’t know. The internal investigation takes over, the records are sealed, and discipline is handled internally (or not). This status quo makes it extremely difficult—if not impossible—for the public to follow the outcomes of investigations, except in the rare cases when officers are either fired or face criminal charges.
Many of these cases are not “gray area” or “bubble” cases, where the investigation could’ve gone either way, or where there is no clear benefit to the public knowing the outcome of the investigation. Based on dozens of investigative reports, it is clear that many law enforcement officers get away with egregious acts against the communities they are supposed to be serving.
Take for instance this report by public broadcasting service KQED in California, detailing how Bakersfield, CA police broke at least 45 bones in 31 different people over a four-year period—and no officers received any discipline for it. Or this recent Politico Magazine feature on Miami police Captain Javier Ortiz who, despite 49 citizen complaints, 19 use-of-force incidents, and multiple clashes with fellow officers, never faced any formal internal discipline. Instead of being held accountable for his actions, Ortiz rose through the Miami Police Department ranks and even became the president of a police union. Sadly, many other stories of citizens brutalized or mistreated by police go completely unreported because police departments and cowardly lawmakers have made it incredibly difficult to access internal records.
This is unacceptable. It’s time to pull back the curtain, and finally create transparency here in Wisconsin surrounding these internal investigations. Wisconsin needs to pass Senate Bill (SB) 714, so we can do just that.
The bill, based on similar legislation already enacted in California, would expand access to internal police records and allow investigative journalists and members of the public to scrutinize those internal records, focusing on the types of incidents which erode trust in law enforcement and put our communities at risk.
Specifically, the improved transparency and expanded access to internal records under SB 714 would cover incidents in which an officer causes death or great bodily harm; fires a weapon at someone; engages in sexual assault; uses unreasonable or excessive force or fails to intervene if another officer uses unreasonable or excessive force; displays prejudicial or discriminatory behavior; or undermines public trust through false statements or perjury, falsified reports, or evidence tampering.
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No police officer should be able to do any one of those things and expect to get away with it.
Critics who fear accountability will use their usual talking points to attack this bill. They will say, if passed, SB 714 would put cops under more scrutiny than is appropriate or open up personnel files in a way that would put rank-and-file officers at risk. But in reality, the bill specifically requires sustained findings—not just unfounded allegations—of violations in order for the records to be released, and it also exempts officers’ home addresses, email addresses, and personal phone numbers as well as information that would jeopardize individual safety, confidentiality, or complainant or whistleblower anonymity.
Simply put, SB 714 is about making sure that police departments in our communities aren’t providing safe-haven to untrustworthy or abusive officers.
Already in California, the legislation that inspired SB 714 has led to a wealth of investigative journalism projects, including an NPR podcast series as well as the California Reporting Project collaboration, which has resulted in dozens of stories of corruption, police misconduct, and even criminal behavior that has been allowed to hide behind a veil of secrecy for decades. By using the internal records uncovered by this legislation, reporters have been able to shine a light on how corrupt cops continue to abuse the system and put communities at risk, all while avoiding public scrutiny.
Police are public servants whom we imbue with immense power, and therefore it is crucial that they be held to the highest standards. This legislation is a critical tool in making sure that that remains the case.
With SB 714, we can end shadowy practices, uncover corruption, and get to work rebuilding meaningful trust between law enforcement agencies and the communities they serve.
