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"Ultimately,
this bill is about the public's right to know, about the public's ability to hold
government accountable," said Senate Majority Leader Gloria Romero, a liberal
Democrat and author of SB1019. In a previous statement, the conservative Sen.
Tom McClintock, a Thousand Oaks Republican and a co-sponsor, agreed: "The police
exercise the ultimate of official power - and that ought to be tempered by the
ultimate of public scrutiny. Unfortunately, because of a combination of bad law
and a bad court decision … the police have the least public scrutiny."
Terry
Francke, speaking briefly on behalf of his First Amendment organization, called
California Aware, said, appropriately, that "no other organization insists on
total secrecy for the worst among them." At the hearing, the mother of a girl
killed when a police chase went awry, explained: "Things should be found out.
What they do wrong should be corrected. The way things are now, we will never
know [what happened]." Exactly. Organizations cannot oversee themselves. Free
societies err on the side of openness, because openness leads to justice and to
improved policies. No one wants additional oversight for themselves - certainly
not members of a government union - but that's where legislators need to step
in and put the public first.
Solorio
gave a bizarre, rambling speech complaining about the rapper Ice-T, about rap-music
lyrics in general, worrying about the effect of open government on police recruitment
efforts and claiming that police already are vilified by the public. (Actually,
they seem to be treated like heroes and given every benefit of the doubt and every
possible protection, but that's an argument for another day.) He then offered
Sen. Romero the chance to withdraw her bill. She defiantly refused and demanded
a vote. None of the committee members had the guts to offer a motion to vote on
the bill. They all sat around looking po-faced, and then the bill, for all intents
and purposes, died. It was an act of cowardice by Solorio and his fellow members.
"We come to Sacramento to vote, not remain silent," Romero rightly complained.
The
arguments from Solorio and the cop lobby were mostly deceitful. Opponents claimed
that the bill went too far. Yet Romero and her supporters amended the bill so
it didn't go nearly as far as the original. SB1019 would let municipalities decide
whether or not to have open disciplinary hearings, and it created a special protection
by allowing a police chief to allow certain information to be secret because of
its sensitive nature. The chairman claimed that he didn't like the bill because
it allowed cities to set their own standards and that he preferred a statewide
standard. Yet Solorio opposed the previous bill also, which included those exact
standards he now said he wants. Welcome to Alice in Wonderland, where words don't
mean anything in particular, but rather are spin to excuse a preordained conclusion.
As
far as wanting more amendments, a frustrated Romero told the committee: "I introduced
this bill months and months and months ago. … Not one amendment has ever been
offered to me. Not one paragraph, not one sentence, not one word, not one syllable."
What was offered from two leading police organizations: a direct threat to legislators
that the groups would oppose term-limits reform (that's hitting below the belt,
given that legislators desperately want to stay in office longer) if this legislation
ever becomes law.
Backers
of the bill assembled a wide range of supporters. The list of opponents consisted
entirely of police organizations, unions and government groups.
Continued
on page 5