Common Cause opposes police bill

On March 22, the Cape Gazette published a letter from a number of community groups calling for the Senate to pass SB149. However, the primary sponsor of the bill subsequently replaced it with a substitute bill (SS1 for SB149), which most of the community groups no longer support. Common Cause Delaware originally supported SB149, but we adamantly oppose SS1.

“Government by the people” requires both transparency and the ability for the people to rein in government misconduct. SB149 would have made police misconduct records public and established autonomous community review boards with real power, thus increasing transparency and accountability, both of which are necessary for a fully functioning democracy.

SS1 for SB149 does not significantly increase either transparency or accountability. First, it would still allow police departments to keep most disciplinary records secret. Requiring only “serious and substantiated” claims to be disclosed does not address the problem of police departments refusing to hold their own accountable and hiding allegations of abuse that they do not deem serious.

Moreover, while the substitute bill would create a statewide community review board, that board would be under the control of the Attorney General, who has close ties to law enforcement, rather than under the authority of everyday Delawareans – and so the board would do little to empower communities. The substitute bill does allow communities to create their own review boards – but only if those boards have no real power. Thus, SS1 for SB149 is not a step forward but rather a barrier to real reform.