Bill to Give Law Enforcement Agencies Option To Give Officer Termination Specifics Signed By Newsom

A bill that allows for law enforcement agencies to announce that an officer was terminated for cause, was signed into law by Governor Newsom earlier this week.

Senate Bill 400, authored by Senator Aisha Wahab (D-Hayward), will specifically clarify that the current law stating the personnel records of peace officers and custodial officers are confidential and not subject to public inspection will no longer cover termination for cause. The new confidentiality will not prohibit an agency that formerly employed a peace officer or custodial officer from disclosing the termination for cause of that officer.

Wahab wrote the bill in conjunction with the San Jose Police Department last year in response to a highly scrutinized situation in which they terminated an officer for engaging in an inappropriate sexual act while on the job. While the Department had been willing to fully disclose why the officer had been let go, they had been held back by the law until a public records request was launched.

“In this session I am very proud to push laws that reform and support our efforts for transparency and accountability in law enforcement, and appreciate the support from law enforcement groups,” said Wahab of the bill.

Introduced in February of last year, SB 400 quickly gained support thanks to the backing of San Jose Police Chief Anthony Mata, the California Public Defenders Association, and the National Policy Accountability Project. While many law enforcement agencies had initially been against the bill, assurances that disclosing the termination for cause was now only optional instead of mandatory quelled many fears. As the bill progressed in the Assembly and Senate, the non mandatory nature of the bill led detractors to it to simply not vote on it rather than give a straight no vote.

However, SB 400 was ordered to the inactive file last year following the Assembly and Senate votes, leading to the bill to be carried over to this year. Following additional final votes in the Assembly and Senate last week, the bill was finally signed into law by Governor Newsom this week.

“Proud to announce SB 400 has been signed into law!,” added Wahab on X. “This law bolsters efforts for transparency and accountability in law enforcement and reinforces trust with the public.”

Proud to announce SB 400 has been signed into law! "This law bolsters efforts for transparency and accountability in law enforcement and reinforces trust with the public” -Aisha Wahab- Chair of the Senate Committee on Public Safety. pic.twitter.com/hcPIdBVCv8

— Aisha Wahab 愛莎華 (@aishabbwahab) March 1, 2024

Former law enforcement officer and current security consultant Zach Schaefer told the Globe on Saturday, “The big reason why a lot of officers were not up in arms about this one is because of it not being mandatory. They can say why he was terminated now, to give the specifics. But they don’t have to.”

“Sometimes there are certain sensitivities to firings that you have to be aware of. But, as that San Jose case proved, other times an officer can do something so bad that you want all those details out there so that if they try and get a job elsewhere, it will follow them. This bill just helps give that option now. They’re trying to claim transparency on this one, but it only sort of is.”

Other law enforcement transparency bills are expected to be debated in the legislature later this year.