As the fervor over the George Floyd murder grows the police community is under a withering attach from politicians pandering to the ground swell of protests.
The latest and very concerning development is out of the New York statehouse. It has passed a repealing a key part of the Civil Rights Act. Excerpts of the law are below, but to summarize the law protects personal and personnel records from wanton exploitation. Without that law police officers, peace officers and even firefighters are at the mercy of everyone with an agenda, anti-law enforcement groups and yes, Black Lives Matter operators. The activists are very aware of language and have labeled the as Police Secrecy. Nothing is further from the truth but the pandering politicians have swallowed the hook very deep.
As it stood the courts were the arbitrator of the need to disclose such information for a legitimate purpose. Repeal removes that hurdle and protection. In fact, judges were previously authorized to release such personal and personnel information that is germane to the case before them. The law did not restrict district attorneys or other investigative agencies from access to the information in furtherance of their duties.
The repeal of Section 50-A is a purely agenda driven attempt to obstruct police departments across the state. New York will not be the only state to go down this road.
With politicians there are always unforeseen consequences, similar to the failed bail reform laws that make the criminal justice system a revolving door for offenders. The new law will allow Freedom Of Information Act requests for police, correction officers and fire fighters personnel records. The result will be a flood of such requests from anyone who even fells offended by police interactions. They will be searching for the most minor infraction and rush to their attorneys to file big money lawsuits. Besides the damage to police it will cost municipalities millions of dollars. In fact, I believe that so many law suits will be brought that the vast majority will be settled behind closed doors, out of the sight of regular citizens.
You can agree or disagree about the allegation of systemic racism within departments, politicians should not be allowed to put the officers in further jeopardy by putting their private and heretofore confidential information in the public arena.
Excerpt of the repealed law……
Section 50-APersonnel records of police officers, firefighters and correction officers
Civil Rights (CVR)
Personnel records of police officers, firefighters and correction officers. 1. All personnel records used to evaluate performance toward continued employment or promotion, under the control of any police agency or department of the state ……………except as may be mandated by lawful court order.
If, after such hearing, the judge concludes there is a sufficient basis he shall sign an order requiring that the personnel records in question be sealed and sent directly to him.
As always happens with political hot buttons the reactions and swinging of the pendulum goes too far. We must stand up for those who are the front line of keeping us safe and fight for their safety.
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