Len Fasano (opinion): 7 myths about the CT police accountability bill

August 6, 2020

Op-ed as it appeared in the Stamford Advocate

 

On Friday, Gov. Ned. Lamont signed into law HB 6004, An Act Concerning Police Accountability.

Since the bill’s passage, Democrats have shared misinformation about what the bill does. Many Democrats who promised to eventually revise the bill in the same breath they voted “yes” are now scrambling to spread these myths to rationalize their votes and deflect criticism.

 

Myth No. 1: Good police officers have nothing to fear.

The Facts: Democrats have now allowed officers, even when doing nothing wrong, to be personally sued in state court under state law for the first time in Connecticut’s history. The bill deliberately removes the ability to have frivolous lawsuits dismissed early. Every frivolous case will move forward with no protections, putting good officers personally at risk and taxpayers financially at risk for legal fees and forced settlements for even baseless claims.

 

Myth No. 2: This bill was crafted with everyone’s input.

The Facts: While there were conversations between lawmakers, Republicans never endorsed the bill and were always clear about what should be changed, but our voices were ignored on the larger issues. Also ignored were Connecticut’s police officers. New Haven Police Chief Otoniel Reyes explains: “The passing of this bill was done in haste. … The elected officials that were a driving force behind this bill, particularly those that represent the New Haven community, crafted this bill without input from me as the chief of police in New Haven. They were in such a rush to pass legislation, that they gave little to no consideration to the negative impact it could have on good police officers.”

 

Myth No. 3: The bill doesn’t eliminate qualified immunity for police; only towns will be liable and only if someone commits a crime.

The Facts: Qualified immunity for good police officers is effectively gone. Police officers can be personally sued if a court determines they acted in a “willful, wanton or reckless manner.” The definition of “willful” is completely open to interpretation by the court, putting officers at risk for lawsuits with no ability to dismiss frivolous claims early. Even if an officer is found to have not acted willfully, wantonly or recklessly, the municipality — and therefore taxpayers — will still be held liable. Faced with large legal fees even in frivolous cases, municipalities will be economically forced to settle many cases, leaving blemishes on good officers’ records without ever giving them the chance to prove no wrongdoing.

 

Myth No. 4: The bill won’t hurt officer recruitment or increase retirements.

The Facts: It already has. We began hearing accounts of young officers giving up their careers and older officers rushing to retire when the legislation was only a proposal. Now that it’s law, police departments are worried about understaffing and longer response times. Connecticut is already facing recruitment issues. This year New Haven saw fewer than 300 new police applicants. Waterbury, which saw 1,000 applicants last year, had only 400 this year after extending their deadline. This bill worsens the situation.

 

Myth No. 5: The bill won’t impact good policing.

The Facts: Police will be forced to stop proactive policing. Protective policing will be a significant liability, therefore Democrats are forcing police to only be reactionary. This bill’s deadly force standards will unfairly limit officers’ ability to save the public and themselves, in complete conflict with the long-established rules by the U.S. Supreme Court. These new standards will chill police officers’ ability to save lives and will put lives at risk.

 

Myth No. 6: The bill won’t defund police.

The Facts: The bill doesn’t directly defund the police, but its severe financial impact on cities and police departments achieves the same result. Increased costs for things such as insurance and legal fees coupled with a crippled economy will push municipalities to cut back on policing. The Democrats’ plan of choice.

 

Myth No. 7: It will make bad cops accountable.

The Facts: This bill does nothing to make it easier to fire bad actors or hold them accountable. Eliminating qualified immunity doesn’t make it easier to hold officers criminally accountable, because qualified immunity doesn’t protect officers when they commit a crime. The bill does contain a new decertification component, but it does nothing to change the collective bargaining arbitration process that can supersede other laws and continue to block the firing of bad officers.

 

To learn more about these issues visit ctsenaterepublicans.com/myth-v-fact.

 

State Sen. Len Fasano serves as the Connecticut Senate Republican Leader. He represents the 34th Senate District, including Durham, East Haven, North Haven and Wallingford.