OC Register editorial gives kudos to own reporters attacking peace officers?

Editorial: Imbalance of power disservice to public

2009-12-29 16:24:55

The Orange County Register's OC Watchdog reporters Brian Joseph and Tony Saavedra ought to be commended for their story Sunday, "Protections taint a thin blue line," which examines the increasingly disturbing power of California's public safety community and the lack of accountability officers have to the public they are sworn to serve.

Our Editorial Board has been concerned for some time about the lack of accountability and the veil of secrecy cloaking the state's law enforcement agencies. Arcane policies, hefty pension benefits and robust lobbies are contributing to state and local budget deficits and an increasing "police state" mentality throughout California.

Sunday's story details how laws passed some 30 years ago are at odds with the public's right to know and have essentially insulated officers from outside scrutiny. Former San Fernando Valley state Assemblyman Jim Keysor introduced the "Peace Officers Bill of Rights" in the Legislature in 1976. The intention of the bill, according to Mr. Keysor and his colleagues, was to protect officers from being scapegoated and taken advantage of by local supervisors and to prevent criminal defendants from using an officer's past to bring up frivolous charges against him or her in court. But the results have veered far from the intent of protecting good officers.

The legislation instead has built a virtual fence around bad officers, making it difficult oust them from the force or even provide information about them to the public. In Orange County, an assistant sheriff was sent to jail on corruption charges but sued the state for not following Peace Officers Bill of Rights protocols. A judge awarded more than $350,000 to the assistant sheriff. Fortunately a federal judge ordered the money returned as restitution in the corruption case. Sunday's article cites several similar troubling occurrences where officers are unable to be properly investigated or punished because information pertinent to investigations is protected or prohibited through the Peace Officer Bill of Rights.

The state Legislature has put up a front to correct some of the legal protections but their efforts are merely political theatre. In 2007 state Sen. Gloria Romero introduced legislation that would have overridden aCalifornia Supreme Court decision that barred civilian police commissions from releasing findings from an investigation and, in some cases, blocked commissions from accessing personnel files. Ms. Romero's legislation died in an Assembly committee that year in the face of fierce opposition from police associations, public safety unions and lobbying groups. It was reintroduced the following year and suffered the same fate. Members of the committee received $227,990 in political monies from public-safety groups during the period the two votes came up before the committee.

Public-safety advocacy groups have tremendous political war chests. Over the past nine years, they have spent $33.5 million on campaigns. They have given $5.5 million in contributions to the state Democratic Party and nearly $2 million to the state Republican Party – keeping both parties accessible.

In 2010, the Legislature needs to take back the reins of power. Public safety unions, no to mention other unions, have a stronghold on Sacramento, entrenching their interests more year after year. The state is at a breaking point and it is time that the governor and Legislature shows some political courage.