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The Democratic Majority legislature has voted to repeal Law 50-S which, proponents claim, shields police from scrutiny.
“The repeal of section 50-a of the Civil Rights Law will heighten the already-significant risks our men and women in law enforcement face every day by allowing for the public release of personnel records, including reports of unfounded complaints,” State Senator George M. Borrello said today.
s50-a is the current law that deems the “personnel records” of police officers, firefighters and corrections officers are confidential and not subject to inspection or review without the officer’s permission.
But legal organizations and activists argue that the law as written is too vague. In practice, they say, state courts have set a broad precedent that allows the police to conceal nearly all police records from public view, exempting officers from transparency standards applied to other public officials.
The repeal would mean that law enforcement agencies must turn over the disciplinary records of police officers when they are requested under the state’s Freedom of Information Law. It still prevents personal information like home addresses from being disclosed,
“The brutal and unjust death of George Floyd has shaken all of us and opened a wound in our nation that demands attention,” Borello stated.
“However, the Senate Majority attempted to fix a terrible injustice by opening the door to many more injustices. It is an action that creates potential for harm to the reputations, jobs and even the safety of those who dedicate themselves to protecting us and our communities. It takes away their constitutional right to due process,” he continued.
“This terrible incident could have been the impetus for a much-needed dialogue with all parties, including our law enforcement community, on the most effective way to achieve real, lasting reform. Instead, the rush to ‘do something’ won out,” the Senator concluded.
