Report: Lawmakers, law enforcement officers want access to misconduct reports and internal investigations

94 percent of elected county prosecutors
support private database

By Liz Nass
Gongwer News Service 

There is widespread support among local government and law enforcement for the creation of a statewide misconduct database for law enforcement officers, according to a report from the University of Michigan’s Center for Local, State and Urban Policy.

At 88 percent, almost all sheriffs and police chiefs and more than two-thirds, or 68 percent, of local government officials, support an access-restricted misconduct database to just law enforcement officials. However, these numbers plummet when it comes to publicly available databases.

Even more widespread support for the private database comes from elected county prosecutors, sitting at 94 percent.

Only 24 percent of local government officials, 32 percent of sheriffs, 26 percent of police chiefs and 29 percent of elected county prosecutors support a version of the database that is publicly accessible.

On party lines for the local government officials, there is consistent support for a private database, with 88 percent of Democrats, 77 percent of Republicans and 73 percent of independents supporting it. When it comes to the small support for the public database, 44 percent of those supporting are Democrats, 33 percent are Republicans and 38 percent are independents.

Local officials from larger districts are most likely to express support for the private database.

Sheriffs are more likely to support the public database than local police chiefs. But both sheriffs and police departments follow the same pattern as officials from larger districts.

Recently, the Senate Civil Rights, Judiciary and Public Safety Committee discussed an 11-bill package that supported some of the findings of the report.

SB 343 , sponsored by Rep. Mary Cavanagh (D-Redford Township) calls for more privacy in misconduct filings, allowing individuals filing misconduct complaints against law enforcement to remain private unless there is a court order or the person who filed the complaint grants permission to be identified.

Also in the study, most law enforcement leaders, local government officials and county prosecutors support policies that would penalize law enforcement agencies that do not review a new hire’s history of misconduct.

Democrats are most likely to support formal penalties at 84 percent of respondents, but 66 percent of Republicans and 67 independents also would support the penalties.

Around 73 percent of police chiefs and 61 percent of country sheriffs would support penalties, and only 7 percent and 15 percent are in opposition.

SB 339 , sponsored by Sen. Jeremy Moss (D-Southfield), also in the package heard by the Senate panel, would add an additional provision that those who have repeatedly breached departmental policies would be removed from the law enforcement industry instead of transferring them across jurisdictions.

However, when it comes to how this misconduct is investigated, most sheriffs and chiefs support internal investigations with leadership from State Police or other law enforcement agencies. Opinions were mixed on the role of external investigations, but there was more pushback than support in having investigations led by the state attorney general’s office or civilian oversight boards.

About 47 percent of sheriffs and 35 percent of chiefs oppose a role for the attorney general, 33 percent of sheriffs and 26 percent of sheriffs would support independent boards.

Only 5 percent of local governments even have a civilian oversight board to advise an agency. Around a third of local government officials agree with the use of them. 

Only around 16 percent of the law enforcement leaders support having a board at all, and around 42 percent of sheriffs and 35 percent of police chiefs express “strong” opposition to the use of them on misconduct matters.

The overall feeling of confidence in dealing with misconduct in law enforcement is mixed, with people on the inside like 62 percent of sheriffs and 60 percent of police chiefs claiming their residents feel they are effective in dealing with misconduct, but only 21 percent of local government officials agree with them.

Republicans and independents are more likely to report confidence than Democrats.

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