Banning Police Misconduct Nondisclosure Agreements (AB 1388)

For years, California police departments have routinely found clear evidence of wrongdoing by their officers, but instead of firing them, they grant the officer complete secrecy over their misconduct in exchange for the officer’s resignation.  

The misconduct these agreements obscure is egregious, and oftentimes illegal. Police misconduct nondisclosure agreements (NDAs) have shielded officers who have sexually harassed and assaulted people, embezzled taxpayer dollars, destroyed evidence of sex crimes against minors, and falsified police reports. These officers face no civil liability, criminal charges, or other consequences. 

These NDAs have also allowed some agencies to destroy evidence of the extent of this misconduct, allowing these officers to protect their reputations at the expense of the public. Other agencies mistakenly claim that the NDAs prohibit them from reporting bad cops, as required by existing laws like SB 2 (Bradford – Police Decertification),or releasing records of such agreements, as required under the California Public Records Act.

These police misconduct NDAs reward bad cops and put our communities at risk by preventing police officer misconduct from showing up in future employers’ background checks. Even when dangerous and dishonest officers apply to work for a neighboring law enforcement agency, seek to work as a teacher in a high school, or run for public office – these NDAs keep their misconduct shrouded. 

AB 1388 will bring justice to communities who have been harmed by bad cops and will increase accountability over officers who are sworn to uphold our laws by:

• Prohibiting law enforcement agencies from signing police misconduct NDAs. 
• Voiding the hundreds of police misconduct NDAs that currently shield bad cops from scrutiny and accountability. 
• Clarifying that members of the public and journalists have access to information about the serious misconduct these NDAs have obscured.  
• And emphasizing existing duties for agencies to report to the Commission on Peace Officer Standards and Training (POST) serious misconduct and recent separations. 

AB 1388 will ensure that when an officer engages in misconduct they are held accountable by POST, police agencies throughout the state, and the public.