Posted on Fri, Aug. 19, 2005


Committee considers tougher scrutiny of police officers


Associated Press

A panel created to overhaul the state's system for monitoring police officers is considering tougher background checks and increased review of misconduct.

The committee created by Gov. Mark Sanford also discussed on Thursday proposals to protect agencies from lawsuits when they share information about troubled officers and build a central database to keep problem officers from slipping through the cracks.

Sanford created the 17-member panel in response to The (Charleston) Post and Courier's series "Tarnished Badges." The series, published in March, explained how some police officers manage to remain in law enforcement despite professional misconduct and criminal behavior.

While some of the proposals would require only minor paperwork changes, others would require revisions in state law and additional public funding.

Under one proposal, the state Criminal Justice Academy would require law enforcement agencies to reveal more details in writing about the reasons behind an officer's departure. This would require adding a few questions to forms departments fill out and send to the state.

State Public Safety Department director James Schweitzer, who heads the committee, said the ideas could evolve as the panel continues its work in the coming months. But Schweitzer said the work would help in dealing with gaps and weaknesses in the state's system.

"The recommendations we've seen so far are certainly a step in the right direction," he said.

The panel also is considering establishing minimum requirements for background checks on police applicants. Currently, police departments have wide discretion in their checks, with some doing none at all.

Another proposal would require more detailed reports from law enforcement agencies on officer misconduct. The revised state forms also could require agencies to note when an officer has resigned while under internal investigation. For years, officers have kept blemishes off their professional records by quitting before allegations of misconduct have been substantiated.

The committee is considering amending state law to give immunity from lawsuits to counties and municipalities when they share information about officer indiscretions with the state and each other.

"A lot of concerns we had were with local departments who would like to say 'You really don't want to hire this guy, but I can't say that because we are worried about getting nailed with a lawsuit,' " said William Smith, a panel member and Columbia attorney.

Committee members said they also want to ensure the process is fair and allows accused officers to defend themselves. Some other states have a court-like hearing process in which officers can argue their cases before a panel of law enforcement professionals. It can take months to decide a case under that process.

State Corrections Department director Jon Ozmint, who sits on the panel, said South Carolina needs to be careful about adding too much bureaucracy to its police disciplinary system.

"This is not the same as any other profession," he said. "This is a profession where we give people guns and the authority to use them."


Information from: The Post and Courier, http://www.charleston.net/




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