STATE OF ARIZONA DOUGLAS A. DUCEY OFFICE OF THE GOVERNOR EXECUTIVE OFFICE GOVERNOR March 30, 2015 The Honorable Andy Biggs President of the Senate Arizona State Senate 1700 W. Washington Phoenix, AZ 85007 RE: Senate Bill 1445 (public records; peace of?cer?s name) Dear President Biggs: Just weeks ago, Arizonans saw the courage of our police of?cers and ?rst responders on full display, as men and women who wear the badge rushed into harm?s way to stop a mass shooting in Mesa and hunt down the perpetrator. If not for their valor, this incident would have likely been even more horri?c for our state and for the Mesa community. We continue to pray for the victims and pay gratitude to the of?cers who sel?essly did their job to protect others and save lives. It?s easy to forget that these heroes do this every day, all across our state and nation. We take it for granted, but the families and loved ones of police of?cers don?t have that luxury. They know that these brave men and women walk into dangerous and unpredictable circumstances all the time. As the son of a cop, I know this ?rst?hand. Watching my dad put on the badge and serve, I learned to respect law enforcement and understand the trust society places in those who protect us. I?m committed to respecting them and honoring their work in my administration. Arizona has lost 246 of?cers in the line of duty over the years, a testament to the dangers Of the job that Of?cers knowingly and heroically accept. But sadly, there is sometimes a troubling tone in the treatment towards our police of?cers. Too often of late, there is a rush to judgement when a police of?cer is left with no choice in the protection of innocent civilians. In an era of social media and 24-hour news commentary, these Of?cers and their families have been subjected to public scorn, harassment and vicious attacks. That?s not the treatment upstanding of?cers deserve. Our of?cers are on the front lines the ?rst to show up on the scene of a crime. They should be respected; not ridiculed. They and their families protected; not put at risk. 1700 WEST WASHINGTON STREET, PHOENIX, ARIZONA 85007 602?542-4331 ?9 The Honorable Andy Biggs March 30, 2015 Page 2 of 3 Therefore, I am more than sympathetic to the aim of Senate Bill 1445, and I respect the supporters this legislation for seeking to address these issues. I know that the goal of this legislation is to protect of?cers and their families, and it?s a goal I share. In determining how to act on this bill my number one consideration was this: What will best protect our o?icers and their families? I?ve heard from many voices on this bill from all sides and have weighed all the arguments carefully and with great consideration. Unfortunately, I don?t believe this bill in its current form best achieves the objectives we share, and I worry it could result in unforeseen problems. Among the arguments most impactful to me in this decision were concerns raised by the chiefs of police. Under current law and in practice, chiefs have the authority to make decisions in the best interests of their of?cers and departments. Their concern, and mine, is that setting an arbitrary 60-day benchmark for release of names would limit their ability to best manage these often tenuous situations and result in unintended consequences. As the chiefs have demonstrated, Arizona?s Public Records Act already gives police departments the authority to withhold the names of police officers who are involved in shootings longer than 60 days, if necessary. Under the Act, a department may withhold the name where con?dentiality, privacy, or the best interests of the State outweigh the public?s right to know the name. The law also permits the department to consider whether releasing a name ?might lead to substantial and irreparable private or public harm.? Carlson v. Pima County, 141 Ariz. 487, 491 (1984). There are many examples of our police departments exercising this authority in a manner that protects the of?cer?s identity while ultimately providing disclosure after the situation has cooled. Recently, the City of Phoenix Police Department waited for seven days after a shooting before releasing the of?cer?s name. There are other considerations for not limiting the authority of police chiefs to make these decisions. With the proliferation of social media, rumors regularly run wild and un?ltered. An of?cer?s name could very easily come to light. The wrong of?cer?s name could circulate. Speculation replaces fact. It?s very easy to see news outlets running with information that is uncon?rmed or erroneous, and under this proposed law, police chiefs? hands would be tied and they would have no way to respond or set the record straight. The result could be the exact opposite of what this bill aims to do, escalating rather than deescalating the situation and potentially putting completely innocent of?cers? reputations and safety on the line. For all these reasons, it makes sense to allow departments to make informed decisions based on the facts at hand. I believe that is the best way to protect our of?cers. Additionally, some provisions of Senate Bill 1445 contain ambiguities that seem to stretch outside the scope of protecting of?cers and their families from unjusti?ed retaliation by creating new and expansive exceptions to the Public Records Act. Subsection (B) would require a police of?cer?s name to be redacted on all disciplinary records. Although ambiguous, subsection (B) could be applied to any police of?cer?s disciplinary record, regardless of whether that of?cer The Honorable Andy Biggs March 30, 2015 Page 3 of 3 was involved in a death. In addition, subsection (B) has no time limitation and it will likely impose practical challenges when a department attempts to redact names and other identifying information. Again, the treatment and safety of our of?cers and their families is on the top of my mind. My of?ce is more than willing to discuss ways that we can address this moving forward. I look forward to working together and to ?nding ways to protect our heroes who wear the badge. Sincerely, ?if 99 Dougla . Ducey Governor State of Arizona cc: The Honorable David Gowan The Honorable Steve Smith