Limiting access of law enforcement records available to public sparks concerns
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AUSTIN (KXAN) — A bill that that could prevent the public viewing potential misconduct records from law enforcement agencies is sparking some concerns over transparency.
Senate Bill 15 in the second special session aims to create a “department file” — separate from the traditional “personnel file.” The department file would include:
- Any letter, memo, or document not included in the personnel file
- Records of alleged misconduct where there was insufficient evidence to sustain the charge
- Other internal communications about the specific license holder
Texas Sen. Phil King, R-Weatherford, and nine other Texas state senators were authors on this bill. There were three more Texas state senators who were co-authors.
Executive Director of the Freedom of Information Foundation of Texas Kelley Shannon worries that this bill would hide information that should be available to the public.
“There’s the potential for records of all sorts to be placed off limits to the public and to be kept in a secret file,” Shannon said. “The public, the community, needs to be able to watch over its law enforcement departments—see what’s going on, ask questions. If you don’t have information, you can’t do that effectively.”
KXAN reached out to the Combined Law Enforcement Association of Texas (CLEAT), a police union in support of SB 15. CLEAT provided a Memorandum of Support document to KXAN, which stated that this bill would “ensure that no officer is treated differently based on which agency they work for when it comes to confidentiality.”
SB 15 passed on the floor of the Senate last Tuesday and was heard in its respective House committee on last Friday, where it also passed.
The bill will be placed on the calendar to be debated and voted on in the Texas House. The Calendars Committee, which decides when such bills are being discussed, is meeting Sunday and Monday to determine when that will happen.
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