Colorado Politics

Police internal files could become public under bill approved by Colorado House committee

A Colorado Springs police officer was disciplined after he allegedly slammed a handcuffed teenager to the floor of Memorial Hospital in late 2013, severely injuring her jaw, teeth, face and neck.

Alexis Acker, then 18, received $100,000 from the city in 2016 to settle her excessive force lawsuit. But the officer’s discipline and the reasoning behind it never were released. The Police Department ruled that releasing those files would be contrary to the public’s interest.

Colorado police departments now have broad authority to decide whether to release such files. But that would change under a law proposed by state Rep. James Coleman, D-Denver, and approved Tuesday evening by the House Judiciary Committee after hours of debate.

Opening such documents would hold law enforcement agencies accountable and increase their transparency, say advocates of House Bill 1119.

But others say the records could expose officers to often-unfounded scrutiny and diminish their right to privacy.

The bill now goes to the House floor, where it could be heard Thursday.

This is the second time such legislation has been proposed, said Jeff Roberts, executive director of the Colorado Freedom of Information Coalition.

That organization and others, including the American Civil Liberties Union, “have encouraged this type of legislation because we think that there’s a public interest in knowing how law enforcement officers conduct themselves while on duty,” Roberts said. “If there are allegations of misconduct and there’s an internal investigation … we feel like the public has an interest in knowing the outcome of that, especially … in some of these cases, there are tax dollars paid out to someone who makes an allegation.”

Colorado Springs police Lt. Howard Black declined to discuss the bill but said the department will comply with any requirements imposed by law.

In 2017, the department received 197 external or citizen complaints and 103 internal or directed complaints, Black said.

Many internal investigations are deemed unfounded, said Rep. Shane Sandridge, R-Colorado Springs, a former police officer and member of the House committee.

“It’s always easier to blame the police officer,” Sandridge said. “He planted it. He hit me… He broke my arm. He beat me.”

But the committee’s Vice Chair, Rep. Leslie Herod, D-Denver, said civilians have been hurt and beaten and biased policing has taken place. The fact that people sometimes lie does not negate the need for transparency, Herod said.

Don Sisson, an attorney for the Colorado Fraternal Order of Police, said an officer’s right to privacy sometimes outweighs the public’s right to transparency.

“This bill is really about eliminating the balancing test: Get rid of one side of the scale, the officer privacy side of the scale,” Sisson said.

In Acker’s case, he said, “When you dig a little bit deeper, she was arrested for assaulting an officer, attempted to kick the officer in the groin and as a result was taken to the ground.”

Acker’s attorney, however, said she had kicked the officer’s clipboard and did not make contact with him.

Citizens shouldn’t have to hire attorneys to view police records, testified Rebecca Wallace, an attorney for the American Civil Liberties Union of Colorado. Officers are subject to more records requests because of the firepower they carry and their ability to take a life.

Rep. Hugh McKean, R-Loveland, said the Denver Police Department has a good record of releasing internal documents and questioned why that system needs a change. But many witnesses testified that Denver is the exception.

In a survey of 48 law enforcement agencies statewide, only Denver’s was willing to release any information, said Margaret Kwoka, a law professor at the University of Denver. Otherwise, surveyors couldn’t obtain any files, “regardless of seriousness, regardless of outcome or regardless of a demonstration of public interest.”

“Most agencies’ denials that we received were across the board without consideration of individual circumstance,” Kwoka said.

Before the vote, Rep. Terri Carver, R-Colorado Springs, said she was concerned that even with private information redacted, it would be easy to read between the lines and identify officers who participated in the investigation. That could discourage officers from being as forthcoming, she said.

The committee chairman, Rep. Mike Weissman, D-Aurora, told Coleman he would support the bill in the committee but would like to see changes made when it’s up for a vote on the House floor.

Officers from the 67th graduating class of Colorado Springs Police Department sit and listen during the commencement ceremony that took place at Village Seven Presbyterian Church in January 2018 in Colorado Springs.
(Photo by Dougal Brownlie, The Gazette)
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