Incidents in Colorado and elsewhere show the limitations of HB 19-1119 as a tool of transparency, accountability and for building trust between law enforcement agencies and the communities they serve. More could be done to ensure the public knows when officers are accused of misconduct or of using excessive force, how those allegations are investigated and whether and how discipline is imposed.
A split screen might be the best way to think about government transparency in Colorado in 2019. On one side is the ground-breaking new state law that opens records on completed police internal affairs investigations. On the other is the trend among law enforcement agencies in our state to encrypt 100 percent of their scanner transmissions.
Actual malice. Autopsy reports. The Columbine killers’ “basement tapes.” Stapleton Development Corp. records. The governor’s cellphone bills. The meetings and records of a county retirement board. Tom Kelley waged court battles over these issues and many more as an attorney for The Denver Post, other news organizations and the Colorado Press Association, steadfastly and expertly defending the public’s right to know and the journalist’s right to report.
It’s unlikely we would have this important new law without research conducted by University of Denver Sturm College of Law professor Margaret Kwoka and DU law students Bridget DuPey and Christopher McMichael, each of whom received the Colorado Society of Professional Journalists’ First Amendment Award.
There was no need to wait for final adjournment to see that the 2019 Colorado legislative session was a productive one for freedom of information and First Amendment-related issues. Gov. Jared Polis cinched that on April 12, when he signed into law a groundbreaking transparency bill that ensures the public disclosure of records on police internal affairs investigations.
Gov. Jared Polis’ signature on House Bill 19-1119 unclogged a major blockage in the flow of public information in Colorado by establishing a statewide presumption of openness for records about the job performance of law enforcement officers. Here are some things to know about the bill, which went into effect immediately.
Major transparency legislation signed into law by Gov. Jared Polis will let journalists and the public obtain records that show how law enforcement agencies in Colorado police themselves.
A final Senate vote moved Colorado closer to joining other states that allow public access to records of completed law enforcement internal affairs investigations. HB 19-1119 is now on Gov. Jared Polis’ desk.
A Colorado Senate committee advanced legislation that would open records on completed law enforcement internal affairs investigations.
Steve Zansberg, president of the Colorado Freedom of Information Coalition, discussed Sunshine Week and CFOIC’s latest work Tuesday with Zack Newman, investigative data producer at 9NEWS.