A bill that would make secret pending complaints against police and corrections officers in Connecticut has cleared a major hurdle in the legislature, alarming government transparency advocates in the state.
Members of the state Senate last week unanimously passed a measure that aims to strengthen data reporting requirements for law enforcement.
The bill, introduced in the wake of a false traffic stop probe of the Connecticut State Police, makes intentionally entering false information into a law enforcement record a felony. It also establishes that providing false information is grounds to cancel or revoke a police officer's certification, and obligates police chiefs to promptly notify state prosecutors if they suspect an officer has engaged in criminal conduct.
Proponents say those measures will enhance police accountability. However, a provision in the bill would also shield more records from disclosure under the Connecticut Freedom of Information Act. That state law guarantees the public the right to view documents such as police misconduct reports.
The bill would create a new FOIA exemption barring the release of any formal complaint against a police or correction officer until it is “investigated and adjudicated by the proper legal authority.”
Colleen Murphy, executive director and general counsel of the Connecticut Freedom of Information Commission, said the new exemption would erode transparency in the state because it could allow agencies to keep the public in the dark about problems that arise.
“In the realm of complaints against officers, I think sometimes what we've seen at the commission is there might be a complaint that's filed and then it never gets fully investigated, the officer moves on,” Murphy said. “If this were to pass, the public wouldn't really have any understanding of what the basis was for that sudden departure.”
Bill born out of traffic stop data controversy
Momentum for the underlying bill took hold last year in the aftermath of investigations into faulty traffic stop data provided by state police.
State Rep. Greg Howard, a Stonington Republican who works as a police detective, said he drafted an amendment to the bill in order to protect police who are falsely accused of misconduct from reputational harm.
Howard said he feels lawmakers and news media unfairly impugned the reputations of many law enforcement officers whose inaccurate reporting of traffic stop data was previously called into question.
“I think that public trust in police officers is paramount, and transparency is extremely important, but so is truth,” Howard said. “And transparency of truth and facts is what we're looking for.”
An audit by the Connecticut Racial Profiling Project raised concern about false or inaccurate racial profiling information provided by 130 current and former state troopers and constables.
An independent investigation requested by Gov. Ned Lamont later found the majority of the troopers are unlikely to have engaged in intentional misconduct, saying most of the inaccurate information was due to mistakes and technical errors.
However, the report also critiqued state police, finding the agency failed to respond effectively when it first learned in 2018 of a handful of troopers who intentionally falsified traffic stop data, or to investigate broader problems in its system.
In response, the governor introduced a bill in 2024 to strengthen data reporting requirements. House Republicans amended the bill to additionally create the new FOIA exemption, which prevents disclosure of pending complaints.
The bill ultimately failed to pass last year, but was reintroduced in the Senate this year. It received a favorable recommendation from the Joint Committee on Judiciary, which heard public testimony in March.
Advocates speak out as Democratic leadership remains silent
The five Democratic co-chairs and vice chairs of the Judiciary Committee did not provide comment for this story. Spokespeople for Reps. Steven Stafstrom and Jack Fazzino said the two men were not available. Sens. Gary Winfield, Sujata Gadkar-Wilcox and Mae Flexer did not respond.
Representatives of the ACLU of Connecticut, the state Freedom of Information Commission (FOIC) and the CT Council on Freedom of Information oppose creating the new FOIA exemption. In written testimony, they argued it would allow agencies to indefinitely withhold records of misconduct, which are of significant public interest.
Staff from the FOIC highlighted the selection process for a new police chief in Hartford. After being tapped to lead the Hartford Police Department earlier this year, a police captain in Philadelphia abruptly withdrew from the position. The Philadelphia Inquirer reported records surfaced showing that he had been accused of sexual harassment.
“Police officers, correction officers, perform a huge public service, and we place so much faith and trust in them, and we rely on them to enforce the laws properly,” said Murphy, the FOIC executive director. “But with that trust, there must be accountability over that role.”
Brian Anderson, legislative and political associate director for AFSCME Council 4, which represents corrections employees and most municipal police officers in Connecticut, said the state has a strong system for investigating misconduct allegations.
He noted that state law makes police officers ineligible to be hired by another law enforcement agency if they retire while under investigation for malfeasance or other serious misconduct.
"We have layer upon layer of examination of police officers to make sure they're doing their job properly," he said.
