YOUR INPUT IS CRUCIAL ON POLICING IN DELAWARE

By Javonne Rich, MSW, ACLU Policy and Advocacy Director (Link to this article on the ACLU website).

Senate Bill 149, sponsored by Senator Elizabeth “Tizzy” Lockman and Representative Kendra Johnson, aims to amend the Law Enforcement Officer’s Bill of Rights (LEOBOR) to increase transparency and accountability. The bill would make police disciplinary records public and enable the creation of community oversight boards with the power to hear and decide police disciplinary matters — measures that Delawareans overwhelmingly support.

These changes are important first steps to fundamentally changing the way Delaware’s policing system operates, so it’s crucial that lawmakers and stakeholders know they have your support on SB 149.

Senator Lockman is hosting a series of virtual public sessions on SB 149 this fall, and we’re calling on Delawareans to make their voices heard by attending and submitting public comment at these sessions — that includes you!

Why Do We Need to Amend LEOBOR?

Delaware’s Law-Enforcement Officers’ Bill of Rights (LEOBOR) has fueled police abuse incidents by making it virtually impossible to discipline police officers for misconduct or to know any details of misconduct incidents. Delaware is the only state that specifically codifies the confidentiality of law enforcement personnel records from public scrutiny — and no other Delaware public employees enjoy equivalent protections when it comes to disciplinary matters.

Transparency and accountability are necessary for due process, a fairer criminal justice system, trust between our police and communities, and trust within law enforcement agencies, but currently, police misconduct records are only available to a civil plaintiff suing an officer for causing injury in their official duty.

With the staggering number of police-involved shootings that occur each year in Delaware, officers must be held accountable to earn trust and protect public safety.

Community Oversight Boards

Community oversight boards are an independent body of people who are not police, who review incidents of police misconduct. LEOBOR prevents community-led groups, such as COBs, from effectively reviewing, investigating, and disciplining officers in misconduct cases.

At a minimum, we need to amend LEOBOR to allow local civilian oversight boards that can review, investigate, and discipline officers in misconduct cases.

Public Disclosure of Police Disciplinary Records

Delaware’s Law Enforcement Officers’ Bill of Rights LEOBOR statute is the worst in the nation for transparency, making the state a leader in police secrecy. Under current laws in Delaware, the public is not guaranteed any transparency in any police-involved incident.

Delaware’s LEOBOR makes public access to police investigations nearly impossible. The public has almost no insight on why an incident occurred, what could have been done to prevent it, or what disciplinary actions, if any, happened as a result of the investigation.

Fifteen states have versions of a LEOBOR statute, but only Delaware’s statute makes internal police investigation records completely confidential forever.

The secrecy surrounding internal police investigations fuels distrust and creates a wall between the police and the communities they’re supposed to serve. We need to revise LEOBOR to make police disciplinary records and use of force reports public record.

NEW DATA SHOWS: DELAWAREANS OVERWHELMINGLY SUPPORT LEOBOR REFORM

Delaware’s Law Enforcement Officers’ Bill of Rights (LEOBOR) statute is the worst in the nation for transparency, making the state a leader in police secrecy. Delawareans are demanding police accountability through LEOBOR reform, NOW.

With the staggering number of police-involved shootings that occur each year in Delaware, officers must be held accountable to earn trust and protect public safety — but LEOBOR protects officers from accountability and shrouds police misconduct investigations in secrecy.

Senate Bill 149, sponsored by Senator Elizabeth “Tizzy” Lockman and Representative Kendra Johnson, aims to amend LEOBOR to increase transparency and accountability. The bill would make police disciplinary records public and enable the creation of community oversight boards with the power to hear and decide police disciplinary matters — and our new poll reveals that Delawareans support these measures in staggering numbers.

The poll, conducted by YouGov in June 2021, showed that:

• 71 percent of Delawareans support creating community oversight boards that would investigate and advise on discipline for officers who engage in misconduct;
• 68 percent of Delawareans support making Delaware police officers’ disciplinary records available to the public; and
• 72 percent of Delawareans believe that if a police officer faces misconduct allegations, the officer should be questioned as soon as possible so that details of an incident are fresh and officers don’t have time to “get their stories straight.”

These numbers make clear what we already knew: Delawareans demand increased police transparency and accountability.

SB 149 passed the Senate Judiciary Committee on June 16, but with just one week left before this year’s legislative session ends, we’re pushing for swift movement to get this bill through the General Assembly and on Governor Carney’s desk this year.

Take action now to let your legislators know that you stand with the majority of Delawareans in support of LEOBOR reform through SB 149.