Police misconduct records transparency bill passes state assembly
Assemblyman Jordan Cunningham (R-San Luis Obispo).
–This week, Assemblyman Jordan Cunningham (R-San Luis Obispo) announced that his bill to increase public access to police misconduct records in the event of an officer’s resignation passed the State Assembly unanimously.
Specifically, AB 718 would require law enforcement agencies to complete misconduct and officer-involved shooting investigations even after an officer resigns. The bill would also require the investigative agency share the findings of the investigation with the officer’s new agency if the officer finds employment with another law enforcement agency after resigning.
“Officer resignations should not be used as a tool to cover up potential misconduct,” said Cunningham. “By requiring investigations into misconduct be completed regardless of the accused’s employment status, we can ensure that bad actors are held accountable and help restore the public’s trust. I am grateful to my colleagues for their support of this important reform, and will continue to work on common-sense policies that increase transparency and accountability in all levels of government.”
Under current law, an officer’s investigative and personnel records could be released to the public if an investigation sustains specific misconduct allegations. However, many investigations into officer misconduct are not completed after the accused officer resigns. By requiring the investigation be completed, specific sustained findings could be released even after an officer resigns.
The legislation is inspired by the inability of Central Coast newspapers and media outlets to obtain critical information regarding an alleged sexual assault case involving a City of Paso Robles officer. Paso Robles Officer Chris McGuire was accused by three women of sexual assault, including one case where the officer allegedly used his position of power to force a victim to perform sexual touching. McGuire resigned from the department before the investigation concluded, and media outlets have been rebuffed in their efforts to obtain investigation documents through Public Records Act requests because the investigation was never completed.
Cunningham, a former San Luis Obispo County Deputy District Attorney, spoke on the Assembly floor in support of SB 1421, 2018’s landmark police transparency bill, and was one of only four Republican Assemblymembers to vote for the bill.
AB 718 is coauthored by Assemblyman Mike Gipson (D-Carson), a former police officer.
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