California Law Enforcement Accountability Reform Act.

Existing law requires that a candidate for a peace officer position be of good moral character, as determined by a thorough background investigation. This bill would require that background investigation to include an inquiry into whether a candidate for specified peace officer positions has engaged in membership in a hate group, participation in any hate group activity, or advocacy of public expressions of hate, as specified, and as those terms are defined. The bill would provide that certain findings would disqualify a person from employment. Existing law requires a public agency that employs peace officers to have a procedure to investigate complaints by members of the public against peace officers. This bill would require an agency to investigate, as specified, any internal complaint or complaint made by the public that alleges, as specified, that a peace officer engaged in membership in a hate group, participation in any hate group activity, or advocacy of public expressions of hate. The bill would provide that certain findings would require the employing agency to remove that peace officer from appointment as a peace officer. This bill would also require the Department of Justice to adopt and promulgate guidelines for the investigation and adjudication of these complaints by local agencies. Existing law makes the personnel records of peace officers, as specified, confidential and not subject to disclosure as public records. This bill would exempt from confidentiality the record of any sustained complaint that a peace officer has engaged in membership in a hate group, participation in any hate group activity, or advocacy of public expressions of hate. By requiring local agencies to investigate certain complaints, this bill would impose a state-mandated local program. The California Constitution requires local agencies, for the purpose of ensuring public access to the meetings of public bodies and the writings of public officials and agencies, to comply with a statutory enactment that amends or enacts laws relating to public records or open meetings and contains findings demonstrating that the enactment furthers the constitutional requirements relating to this purpose. This bill would make legislative findings to that effect. The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that with regard to certain mandates no reimbursement is required by this act for a specified reason. With regard to any other mandates, this bill would provide that, if the Commission on State Mandates determines that the bill contains costs so mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.