Jordan Cunningham bill would open records of police officers accused of sexual assault
Inspired in part by the case of a Paso Robles police sergeant who was accused of rape but ultimately not charged, a Central Coast lawmaker is renewing an effort to close loopholes that prevent the public from learning about police officers accused of sexual assault.
On Tuesday, Assemblyman Jordan Cunningham — a Templeton attorney who formerly served as a deputy district attorney for San Luis Obispo County — announced that he introduced Assembly Bill 1599 that would allow the public to access records regarding alleged officer-involved sexual assaults, even if the alleged assault does not result in criminal charges.
Cunningham’s bill follows another law that went into effect last year that opens public access to police investigation records in the event there’s a “sustained finding” that the officer was involved in some sort of misconduct.
The loophole — as was the case with former Paso Robles police Sgt. Christopher McGuire — came into play when an officer accused of a sexual assault resigned prior to the conclusion of an investigation by the appropriate agency.
In those cases, the public currently has no legal right to any information surrounding the case.
Cunningham’s office says the new bill would close the loophole and make officer-involved sexual assault investigation reports eligible for release even if the officer resigns before the investigation is finished.
“California’s peace officers have a very difficult job. As a former prosecutor, I know that the vast majority of them do their job with dignity and honor,” Cunningham said in a prepared statement released Tuesday. “However, sunshine is the best disinfectant, and the only way to restore trust. Bad actors should not be able to exploit a loophole to evade responsibility.”
Cunningham wrote that the legislation was “inspired by the inability of Central Coast newspapers and media outlets to obtain critical information” regarding McGuire and the investigation into his alleged misconduct.
McGuire was accused by three women of sexual assault, including one woman who accused him of raping her while he was off-duty. A Sheriff’s Office investigation concluded that the District Attorney’s Office should file charges against McGuire, including for forcible rape.
The District Attorney’s Office declined to file charges; the state Attorney General’s Office is reviewing that decision.
Before the investigation concluded, McGuire resigned from the Paso Robles Police Department, and media outlets including The Tribune and KSBY-TV have been denied documents through Public Records Act requests because the city’s investigation was never finished, and thus, a “sustained finding” was never made.
The county also declined to provide records about McGuire, due to their legal interpretation that Paso Robles, not the county, is the only agency with jurisdiction to make such a finding.
In response, The Tribune and KSBY joined in requesting Cunningham take steps to close the loophole in Senate Bill 1421 through new legislation.
This is Cunningham’s second attempt at a bill that could have changed the outcome of the McGuire case.
In February 2019, Cunningham authored an earlier version of the bill that focused on changing state law to allow for the filing of criminal charges for any police or public official who uses their position of authority to solicit sexual favors.
Hearings for that bill in the Assembly’s public safety committee were halted in April 2019 before Cunningham amended the bill to its current focus on public records, according to the state Legislature’s website.
Cunningham was one of just four Republican Assemblymembers to vote for 2018’s police transparency bill.
This story was originally published January 7, 2020 at 1:16 PM.
