


State law enforcement regulators are starting to think about how and to what extent they can audit police departments, including reviewing files on disciplinary matters, use of force, and officers whose credibility has been called into question.
A 2020 police reform law requires the Peace Officer Standards and Training Commission to develop regulations on the topic, but largely leaves the substance and timeline for developing the rules up to the agency.
The agency needs to keep in mind what kind of records it might want to require police departments to maintain and expect to be covered by a POST Commission audit, the top attorney at the commission said during a Thursday meeting.
Another objective of the regulations, Attorney Randall Ravitz said, is developing a structure for the commission to actually perform audits and standardize record-keeping practices at police departments.
“In other words, not just looking at the quality of the record-keeping, but looking at the quality and nature of the agency’s functioning as shown through the records, and establishing action plans for agencies and follow up examination,” he said. “In other words, concluding an audit with some recommendations.”
Ravitz floated the possibility of requiring police departments to keep records related to basic employment information, license certifications, complaints, discipline, use of force, injuries, deaths, internal policies, accreditations, and so-called “Brady Lists.”
“There’s really no restriction on the ability to audit agency records,” Ravitz said.
But POST Commission Chair Margaret Hinkle urged caution with wading into “Brady Lists,” or documents outlining cops who have sustained incidents of untruthfulness or criminal convictions that prosecutors or police departments can turn over to defense attorneys during court proceedings.
“The district attorneys are currently addressing in varying ways this question and I think the courts are as well. We certainly have to be cognizant of what is going on,” Hinkle said. “So just expressing some misgivings on that point.”
Commissioner Dr. Hanya Bluestone said she is a “fan” of auditing.
“Auditing is also really helpful in terms of highlighting progress and identifying areas of success with goals and objectives that we’re working towards,” Bluestone said. “I’m wondering if we might consider just adding something that shows that it also has a positive benefit.”
Ravitz said that was a great idea.
“Auditing is also intended to be collaborative,” he said. “There’s supposed to be close communication between the auditor and auditee about the objectives, about how they can be achieved, about how the audit can be conducted in a way that’s not disruptive to the agency.”