The Willamette Week reported on November 3 that the 1999 legislature passed a bill (SB 975) allowing police to keep unproven allegations of officer misconduct from public scrutiny. Public records laws have for some time protected police who have been found guilty of misconduct under privacy provisions for public employment records. However, cases in which allegations were not proven were previously open for inspection.
While the Willamette Week makes it sound like jurisdictions can choose to release such information, the law specifically states, "A public body may not disclose information about a personnel investigation of a public safety employee of the public body if the investigation does not result in the discipline of the employee." The exemptions listed include: "When the public interest requires disclosure of the information" (in our minds, always), if the employee gives written permission, or if a citizen review board or other body needs the information to conduct an investigation.
This law has serious implications for the future of police accountability. First, it means jurisdictions without even low-end police review boards like PIIAC may have an extra hurdle in trying to get access to internal affairs files. And second, it means that despite the exemptions, ordinary citizens and the media alike may have to prove the relevance of each and every case they seek files on.
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