Delaware could make police misconduct records public

(The Center Square) — Delaware would be required to disclose details of police misconduct cases and post information about internal investigations under a bill being considered by lawmakers in the final weeks of the legislative session.

The package of bills, if approved, would revamp the state's Law Enforcement Officers’ Bill of Rights to require the publication of internal investigations into use-of-force and other allegations of misconduct, create local police accountability boards, establish uniform standards for police agencies and other reforms.

Backers of the changes say the move would increase transparency for a system that has been criticized for its secretive nature by blocking public disclosure of findings against officers accused of misconduct.

Under the current law, internal investigations into complaints against police are not public, and police agencies are allowed to decide whether an officer accused of wrongdoing should be prosecuted.

The lead sponsor of the package, House Majority Whip Melissa Minor-Brown, D-New Castle, called the proposals "serious, meaningful legislation that will make a real impact" that follows "numerous conversations, attempts and false starts at moving forward" on policing reforms.

"These bills will increase transparency and public reporting, hold officers accountable, formalize the entire process, and give people who have been part of the criminal justice system a voice and a seat at the table," she said in a statement.

The changes would require police agencies to prepare detailed reports of internal investigations and publicly post them in any case involving an officer’s firearm discharge, use of force, domestic violence and sexual assaults, or not reporting misconduct by another law enforcement officer.

It would also revamp the state's Council on Police Training, renaming it the Police Officer Standards and Training Commission and giving more authority to address allegations of police officer misconduct and conduct hearings on suspensions or de-certifications.

In November, Gov. John Carney signed a package of bills requiring officers to use body-worn cameras, establishing a statewide use-of-force standard and ending the prosecution of children younger than 12, except for the most serious charges.

An executive order signed by Carney in 2000 banned "chokeholds," "knee-holds" and other aggressive tactics by law enforcement officers and requires de-escalation and implicit bias training for officers, among other changes.

The reforms were in response to the 2020 death of George Floyd.

But Senate Majority Whip Elizabeth "Tizzy" Lockman, D-Wilmington, another primary sponsor of the policing reforms, said the "time has finally come" for the state to "take the next meaningful step toward fulfilling our promise to remove the systemic barriers that continue to protect law enforcement officers when they betray the public’s trust."

"Our communities and the police officers who protect them deserve better," she said in a statement.

The American Civil Liberties Union of Delaware is among the groups pushing for the changes, arguing that the current law prevents the public from "effectively reviewing, investigating, and disciplining officers in misconduct cases.

"No other Delaware public employees enjoy equivalent protections when it comes to disciplinary matters," the ACLU said in a recent blog post in support of the bill. "Delaware’s LEOBOR statute is the worst in the nation for transparency, making the state a leader in police secrecy."