A Reporter’s Guide to Police Transparency

Two bills that took effect in 2019 dramatically expand the rights of journalists and the public to learn of police misconduct. Law enforcement has gone to court to resist disclosures under the bills, but open-government supporters have blocked many of the challenges. Now a First Amendment organization has released a guide to the public’s rights under the bills.

The First Amendment Coalition, a California-based nonprofit that works on behalf of journalists and civic activists, has produced a “police transparency guide” that instructs the public on its rights under landmark laws governing law enforcement accountability.

The guide describes the kinds of records available to the public and how courts have interpreted access laws.

“As this year’s movement for racial justice demonstrated, Americans are demanding accountability for police misconduct — but accountability cannot happen without transparency,” said the coalition’s executive director, David Snyder, co-author of the guide. “Our guide aims to help journalists, activists, ordinary citizens — everyone — bring police misconduct into the light, where it belongs.”

Major sections of the guide include a “legal compendium” that describes in detail the bills that expand the public’s right to know; frequently asked questions, such as what types of records are public, how to request them, and how quickly agencies must respond; and sample letters for obtaining records and recordings under the laws.

The guide’s lead author is Tenaya Rodewald of the law firm Sheppard, Mullin, Richter & Hampton LLP. The coalition described her as a leader in courtroom efforts to enforce the laws.

“It is critically important for the public to have better information about how police officers interact with the public and do their jobs, as recent protests helped show,” Rodewald said in the coalition’s press release. “Protecting the public’s right of access to government records is essential to the democratic process. I’m very pleased to create a resource that is available to anyone seeking answers about police conduct in California.”

In addition to the guide, the coalition also maintains a “legal hotline” for journalists and the public with questions about public records generally and an “Asked and Answered” database of questions and responses on records issues.