Editorial: More secret police files
Times Union Editorial Board
FacebookTwitterEmail
THE ISSUE:
THE STAKES:
----
New York’s repeal last year of a law that long allowed police misconduct records to be hidden from the public was an important step toward greater transparency and accountability. It turns out, however, that such information can still be covered up, even destroyed.
That can be done, not surprisingly, under labor contracts that have in this and other instances allowed negotiated terms of employment to supplant the public interest. The state Legislature needs to straighten this out.
As the Times Union’s Brendan Lyons reports, many police agencies handle misconduct matters by putting “counseling memos” or other disciplinary letters in officers’ files. While they’re typically used for fairly minor matters, they may also be used for things like excessive force. But unlike a more formal finding from an internal affairs investigation, which may stay on an officer’s record permanently, these memos may be kept for only a short time — such as until the officer’s next performance review — then expunged if no further problems arise in the meantime. They may be discarded altogether, or transferred to a confidential file held by the municipality’s lawyers.