Calif. newsrooms team up to handle police misconduct records dump

More than 30 California news organizations collaborated to gain access to, and publish news stories about, previously secret police disciplinary cases. Filing more than 1,100 records requests with more than 600 law enforcement agencies, members of the California Reporting Project leveraged each others' resources rather than competing to tackle the massive reporting project made possible by a new state transparency law. The collaboration is an example of local and regional partnerships that have helped a struggling news industry still cover local and state government news.

Once viewed as one of the nation's most brutal and corrupt police departments, New Orleans Police Department has earned steadily improving public support with a host of reforms. One reform that it took voluntarily, and in contrast with common practice in Louisiana, is to quickly release body-camera videos of police shootings and other uses of force. Though its effect is hard to untangle from other initiatives, video releases have become routine. In one case, a video prompted an official apology after proving rubber bullets were used against protesters. This helped lead to new restrictions on crowd control.

Fact-based, data-driven, and solution-oriented journalism can shift the media paradigm from asking “what” to asking “how.” Solutions journalism, known also as constructive journalism in Europe, focuses on data and evidence to shift discourse from political advocacy and ideological debates to problem-solving and productive discussion. Using this approach, students in Eugene, Oregon, brought accountability to municipal administrators who had previously obfuscated the effectiveness of a program to reduce court caseloads.

In what started as a series of posts on Twitter and evolved into a public database published by an investigative media outlet, Mediapart, a lone reporter documented police violence against France's Yellow Vest protesters in an act of accountability that had been neglected by other journalists and the government. David Dufresne's “Allô Place Beauvau” (a "hello" to France's interior ministry) documented 800 cases of police violence or misbehavior. Many of the cases came to Dufresne as tips from the public, which he then verified. His work was cited by French and international authorities.

A new California law requiring that police departments make public their records of police officers' misconduct revealed numerous cases that had not been known before. Police unions and state and local governments sought protection in the courts from having to disclose the records, but when they lost those challenges the records began coming out. The California Reporting Project formed as a coalition of news organizations statewide that have teamed up to make full use of the new transparency law. The project filed hundreds of records requests seeking more disclosures.

Five years after the FBI started tracking how often police use force, the majority of police departments still fail to comply and the FBI refuses to release publicly what information it has collected. The policy was enacted in response to the realization that no one had definitive data on how often the police kill people, use teargas, or other incidents of force. What little data exists showed racial disparities in whom police use force against. But compliance was made voluntary and the FBI made public release of the data contingent on 80% of police departments complying, a goal it's nowhere near.

When New York legislators abolished a state law that had long shielded police officers’ disciplinary records from public scrutiny, they were not just responding to recent protests but also to activism over many years by reform advocates and families of victims of police violence. Long-running legal challenges had failed to pry the records loose. But activists – opposed by police unions and their allies – had used public testimony, publicity, and their families’ stories to lay the groundwork for changes that then came quickly after George Floyd’s death sparked nationwide protests of police brutality.

A Florida constitutional amendment enacted in 2018 called Marsy's Law protects crime victims' rights, including the right to privacy when public-records laws would otherwise reveal victims' identity. But the Jacksonville Sheriff's Office has interpreted a court decision to justify erasing from public records the names of police officers who shot or killed people, on the grounds that the police should legally be considered crime victims. Marsy's Law has been enacted in 14 states. Critics say it was not meant to undermine police accountability, but they have been unable to enact corrective legislation.

A Colorado law enacted in 2016 requires law enforcement officers to disclose their past disciplinary records when seeking a new job at a different agency. By making such disclosures automatic, the law standardizes hiring practices statewide, protects past employers from liability for making the disclosures, and most importantly prevents rogue officers from hopping from one job to the next undetected. Maine has no such requirement., and so some of its agencies might unknowingly hire an officer with a record of misconduct.

Groups in the Bay Area that have successfully sought to have police disciplined for misconduct and won new police-accountability policies have turned their form of organized monitoring into a training platform for protesters nationwide. Responding to widespread Black Lives Matter protests, groups like Berkeley Copwatch and Wecopwatch use online education to teach hundreds of activists nationwide how to use videotape archives to systematically document abuses, and how to perform the work of legal observers at protests. Those activities are meant to act as deterrents to abuse.