1

Running head: COMMUNICATION PROBLEM

Law Enforcement and the Legislature

A Troubled Relationship

Cindy Pontes

LEPS 510

Prof. James Bishop

April 28, 2019

 2

COMMUNICATION PROBLEM

Law Enforcement unions and lobbyists in California have enjoyed good working

relationships with state Legislators for years. However, these relationships were built on

monetary support for political campaigns. California’s state Legislators have benefited

substantially from the financial backing of police unions and associations. Campaign Finance

data from the California Secretary of State’s Office shows that former Governor, Jerry Brown,

and 118 of California’s 120 current state Legislators received campaign donations directly from

police unions and associations since 2011 (Check the Police, 2018).

In total, police unions and associations gave $5.5 million to candidates for the California

State Legislature since 2011. For context, that's more than 200 times as much as the NRA gave

to candidates’ campaigns during this same period (Check the Police, 2018). This money appears

to be linked to Legislators’ positions on police accountability. Legislators in either party who do

not support police reform bills receive substantially more money from police unions and

associations than those who support reform (Check the Police, 2018). This strategy seemed to

work well for law enforcement unions and lobbyists until recently.

Senate Bill (SB) 1421, took effect on January 1, 2019, and Assembly Bill (AB) 748,

which takes effect on July 1, 2019, require significant changes in how law enforcement agencies

respond to requests for peace officer personnel records and video and audio recordings (Knothe,

2019). Police unions sued to block the release of records created before 2019. The unions,

which had opposed the disclosure law in the Legislature, contend the law was not drafted to

apply to earlier records. Superior Court judges around the state have generally disagreed with

the unions, making all existing records available to the public (Egelko, 2019).
 3

COMMUNICATION PROBLEM

Since the passage of SB 1421 and AB 748, law enforcement finds themselves in another

heated battle over use of force legislation. Assemblymember Shirley Weber (D–San Diego)

introduced AB 931 in 2018, which failed to receive enough votes to move forward. This year

Assemblymember Weber has introduced AB 392 which, like AB 931, intends to change the rules

of force for California police officers. Under Weber's bill, police officers could not use deadly

force unless "it is necessary to prevent imminent and serious bodily injury or death," with no

reasonable alternative courses of action such as de-escalation or retreat (Shakford, 2019).

Police use of force has become an emotionally charged topic in the Capital. In the

aftermath of several controversial police shootings in California, activists, and victims’ families

have hoped their anguish would lead to action. They have protested, pleaded, and lobbied for a

law that would clear long-standing hurdles to the criminal prosecution of police officers in some

cases (Chabria, 2019).

Last year, during a Public Safety Committee hearing some lawmakers called police and

district attorney lobbyists "out of touch" with people of color and stated they would not be able

to lobby their way out of it (Oliver, 2018). One of the most disturbing statements came from

Senator Steven Bradford (D-Inglewood), who said, "Know why black folks run from police?

Because we fear the police. We fear the police, and we need to fix that. Why don't law

enforcement fear for their lives when they approach white guys with guns? They never fear for

their lives. But any time a black man is running down the street, running from the police with a

cellphone, he's shot (at) 20 times" (Oliver, 2018). Senator Bradford’s statement is severely

flawed because police officers fear anyone with a gun, no matter their race, nationality, gender,
 4

COMMUNICATION PROBLEM

or religion. However, law enforcement leaders, unions, and lobbyists are struggling to relay this

true message to our elected officials and our communities.

Navigating the political world is foreign to many police leaders. Gaining confidence in

this realm will be beneficial to our profession. Law enforcement and union leaders need to have

the ability to communicate effectively and efficiently with elected officials. The days of only

donating to a political campaign to gain support are over. We need to engage in meaningful

dialogue. These groups have to meet regularly and get to know each other to build trusting and

respectful relationships with one another.

Communities need law enforcement, and we need our communities to trust us. Having

strained relationships with the Legislature will only lead to a greater divide in the communities

we serve. We have to come together on common ground. We can all relate to each other at

some level, even if it is the basic human level. We have to start somewhere. Police and union

leaders need to make themselves available to their communities and Legislatures. A leader

cannot be an ambassador to their community if they are not open to the public. Being present

and accessible is vital.

Always being available is time-consuming for a police leader. However, the actual time

commitment will taper off as the trust of the community is earned. Leaders have to take a two-

pronged approach to reach the Legislature and the communities they serve.

Relationships built on trust will stand the test of controversy. We need these strong

relationships more than ever. Leaders have to get out of their offices and interface with

Legislators and the communities they serve. The future of law enforcement depends on it.
 5

COMMUNICATION PROBLEM

References:

Anita Chabria (April 4, 2019). Retrieved from: https://www.latimes.com/politics/la-me-

california-use-of-force-police-shootings-stephon-clark-20190404-story.html

Anita Chabria (April 23, 2019). Retrieved from: https://www.latimes.com/politics/la-pol-ca-

police-use-of-force-bill-20190423-story.html

Check the Police (2019). Retrieved from: https://www.checkthepolice.org/california

Katie Cimini (February 2019). Retrieved from:

https://www.thecalifornian.com/story/news/2019/02/07/police-deadly-force-bills-

california/2778860002/

Doug Criss (April 2019). Retrieved from: https://www.cnn.com/2019/04/25/us/california-police-

shootings-trnd/index.html

Bob Egelko (April 2019). Retrieved from: https://www.sfchronicle.com/bayarea/article/Court-

upholds-broad-release-of-police-misconduct-13733312.php
 6

COMMUNICATION PROBLEM

Paul D. Knothe (January 2019). Retrieved from:

https://www.calpublicagencylaboremploymentblog.com/public-safety-issues/governor-signs-sb-

1421-and-ab-748-dramatically-increasing-public-access-to-peace-officer-personnel-records-2/

Kevin Oliver (April 2018). Retrieved from: https://www.kcra.com/article/police-lobbyists-get-

blasted-by-california-senate-public-safety-committee/19845691

Scott Shackford (March 2019). Retrieved from: https://reason.com/2019/03/04/no-charges-

against-police-who-killed-ste/

Police One Staff (December 2018). Retrieved from: https://www.policeone.com/2018-

review/articles/482296006-19-on-2019-Expert-predictions-on-the-top-police-issues-in-2019/

Paul Cappitelli (December 2018). Retrieved from: https://www.policeone.com/2018-

review/articles/482372006-5-of-the-biggest-issues-facing-law-enforcement-in-2019/