<< Georgia Police Agencies among Most Transparent in Nation
Open Records Law Georgia has some of the most liberal open records laws in the nation . Employees ’ personnel files , including their disciplinary records are open to public review . In addition , employees ’ emails on department computers and phone logs from issued cell phones are considered open records as well . To access the information , one simply needs to submit an open record request for the information .
Also , Georgia agencies must provide background investigators from other agencies with negative information regarding an officer . In 2004 , the Georgia Court of Appeals held agencies that withhold negative information regarding an officer to another law enforcement agency conducting a background investigation can be held liable for failing to provide the complete record if it is linked to future legal claims . 6 In addition , public and private employers are “ not subject to civil liability for disclosing complete and accurate information to a law enforcement agency in good faith and without malice ”. 7
Compare this with many states where union contracts permit disciplinary records to be kept confidential and / or erased . 8 How can an agency hold an individual accountable when the records from previous infractions are not maintained ?
Many states across the United States require agencies to enter collective bargaining agreements with unions representing officers . As with every agency , most of these officers are hard-working , dedicated individuals . Despite this , labor unions often protect bad officers . One study recently evaluated 656 police union contracts from mid-to-large unionized municipal police departments . Researchers found union contracts allowed a range of one to seven levels of appeal with the median being four appeals . 10 Even when agency appeals supported the discipline , including termination , some contracts allowed an arbitrator to review and make a final ruling on the disciplinary action . In many of the cases departments have been forced to rehire the officer .
Once rehired by the agency , some of these officer ( s ) “ cannot make arrests , investigate cases , or conduct any other police work that may lead them to the witness stand ”. 11 In many of these areas , state laws and contract agreements make the officer ’ s personnel record “ information so confidential even prosecutors cannot obtain it without a court order ”. 12
At-Will Employment vs . Collective Bargaining While every agency should have processes in place to protect officers from false allegations , poor leadership , and discriminatory practices , Georgia is an ‘ at-will ’ employment State . Simply stated , employees can be terminated at any time , for any reason , except those protected by Federal and State law . 9
18 FALL . 2020