Strength: Mild
Proposed by: Cretox State
Spoiler
The World Assembly,
Recognizing the fundamental role law enforcement officers play in ensuring the safety and security of nations and their peoples;
Noting that in order to support this mission, governments often empower law enforcement officers with extraordinary authority over their fellow citizens, such as the powers to detain and apply deadly force;
Concerned that the misuse of such authority can and does lead to grave violations of the law, the sanctity of life, and the public peace;
Understanding that the concealment of crucial matters such as inquiries into violent incidents and law enforcement officers' violations of civil rights compromises public faith in law enforcement, the public safety, and the ability of law enforcement officers to perform their essential duties, hereby:
Defines for the purposes of this resolution:
a "law enforcement officer" (LEO) as an individual acting in an official capacity to prevent or investigate potential offenses against a criminal law, with the powers to apprehend or detain individuals suspected or convicted of offenses against a criminal law, as authorized by a government;
a "department" as an entity authorized to disclose records pursuant to this resolution;
a "personnel record" as any file maintained by a department, which contains any information concerning:
employment-related advancement, appraisal, discipline, or benefits; or
complaints or investigation of complaints regarding an incident which an individual participated in or perceived, pertaining to their conduct with regards to said incident;
a "final finding" as a final determination by an investigatory or determining body that the actions of an LEO are found to be unlawful or in violation of policy;
Declares:
except as otherwise noted by law, the personnel records of any LEO, and any information obtained from such records, are confidential and shall not be disclosed in any investigation or proceeding, excepting investigations and proceedings concerning the conduct of said LEO;
LEO personnel records must be made non-confidential and readily available for public consumption where they relate to:
an investigation or findings regarding an incident involving the discharge of a firearm by a LEO, or an incident in which the use of force by a LEO resulted in death or severe bodily harm;
an incident in which a final finding was made that a LEO initiated or attempted to initiate a sexual act through force or coercion, or under the guise of authority;
an incident in which a final finding was made of dishonesty by a LEO in the course of their official duties;
a department may only redact a personnel record disclosed pursuant to this resolution so long as said redaction serves any of the following purposes:
to remove personal information, excepting work-related information regarding law enforcement officers;
to maintain the anonymity of witnesses and complainants;
to protect confidential information, so long as disclosure of such is specifically prohibited by international law or would constitute an unwarranted invasion of personal privacy;
when the disclosure of certain information within said record could reasonably pose a significant physical danger to a LEO or other individual, or a significant danger to national security;
when the disclosure of certain information would constitute a violation of prior World Assembly resolutions;
Clarifies:
no part of this resolution shall be construed to limit the public’s right of access to information as established by other international law;
a department may withhold disclosing a personnel record concerning an incident that is the subject of an active criminal or administrative investigation or criminal enforcement proceeding, so long as disclosure of such could reasonably be expected to interfere with said investigation or proceeding.
Recognizing the fundamental role law enforcement officers play in ensuring the safety and security of nations and their peoples;
Noting that in order to support this mission, governments often empower law enforcement officers with extraordinary authority over their fellow citizens, such as the powers to detain and apply deadly force;
Concerned that the misuse of such authority can and does lead to grave violations of the law, the sanctity of life, and the public peace;
Understanding that the concealment of crucial matters such as inquiries into violent incidents and law enforcement officers' violations of civil rights compromises public faith in law enforcement, the public safety, and the ability of law enforcement officers to perform their essential duties, hereby:
Defines for the purposes of this resolution:
a "law enforcement officer" (LEO) as an individual acting in an official capacity to prevent or investigate potential offenses against a criminal law, with the powers to apprehend or detain individuals suspected or convicted of offenses against a criminal law, as authorized by a government;
a "department" as an entity authorized to disclose records pursuant to this resolution;
a "personnel record" as any file maintained by a department, which contains any information concerning:
employment-related advancement, appraisal, discipline, or benefits; or
complaints or investigation of complaints regarding an incident which an individual participated in or perceived, pertaining to their conduct with regards to said incident;
a "final finding" as a final determination by an investigatory or determining body that the actions of an LEO are found to be unlawful or in violation of policy;
Declares:
except as otherwise noted by law, the personnel records of any LEO, and any information obtained from such records, are confidential and shall not be disclosed in any investigation or proceeding, excepting investigations and proceedings concerning the conduct of said LEO;
LEO personnel records must be made non-confidential and readily available for public consumption where they relate to:
an investigation or findings regarding an incident involving the discharge of a firearm by a LEO, or an incident in which the use of force by a LEO resulted in death or severe bodily harm;
an incident in which a final finding was made that a LEO initiated or attempted to initiate a sexual act through force or coercion, or under the guise of authority;
an incident in which a final finding was made of dishonesty by a LEO in the course of their official duties;
a department may only redact a personnel record disclosed pursuant to this resolution so long as said redaction serves any of the following purposes:
to remove personal information, excepting work-related information regarding law enforcement officers;
to maintain the anonymity of witnesses and complainants;
to protect confidential information, so long as disclosure of such is specifically prohibited by international law or would constitute an unwarranted invasion of personal privacy;
when the disclosure of certain information within said record could reasonably pose a significant physical danger to a LEO or other individual, or a significant danger to national security;
when the disclosure of certain information would constitute a violation of prior World Assembly resolutions;
Clarifies:
no part of this resolution shall be construed to limit the public’s right of access to information as established by other international law;
a department may withhold disclosing a personnel record concerning an incident that is the subject of an active criminal or administrative investigation or criminal enforcement proceeding, so long as disclosure of such could reasonably be expected to interfere with said investigation or proceeding.
