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Reply #56: That's correct [View All]

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musiclawyer Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Sep-01-06 04:29 PM
Response to Reply #41
56. That's correct
The police union "might" try to argue in the future that any peace officer personnel records are exempt from public disclosure even in civil litigation..... But that's speculative. and I don't buy it. The unions are not that dumb. They would lose. All employment records are fair game, prior privacy notwithstanding, in any civil or criminal litigation if they are even remotely relevant to the litigation. ...... The more likely argument the unions will make is that all peace officer employment records, deemed relevant by a court, be filed under seal or protective order... I don't think that's good public policy. But again, that is all speculative. As to this case, I think the court made the right decision, balancing competing interests, under the existing law as of now......... If the legislature wanted to, it could make all (pre-lawsuit) civil service disciplinary proceedings and binding arbitration proceedings (for cops and civilians alike) open to the public. That would be way more transparent. But would most civil service employees like this? HELL NO. Their private sector counterparts get to keep their personnel histories private, pre-litigation at least. Why can't they. So the issue is real one of public accountability for cops, and when does the "public" part of that kick in? The court answered the question as best it could. If I was the police unions I'd go celebrate for the day and then turn my attention to more important things.
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