Behind today’s rather perfunctory news account of our legal tussle with the sheriff are some ringing words from 4th Judicial District Judge G. David Miller that ought to be required reading for any public official.
Backstory:
A El Paso County Sheriff’s deputy, Shawn Moncalieri, arrests two men in early 2007. Something goes wrong. Shortly thereafter, Deputy Moncalieri is dismissed from the force.
The Gazette asks, twice, to see the internal investigation file that documents the episode. The Sheriff refuses.
Fast forward one year. The Gazette learns that the county had secretly paid $20,000 to each of the men arrested by Moncalieri, to avoid a lawsuit.
The Gazette again asks for the investigation file, and is denied. The Gazette sues for access to the file.
In its response to the complaint, the county claimed the Gazette’s request “has been denied by El Paso County as being contrary to the public interest and violative of the privacy interests of Deputy Moncalieri.”
To which Judge Miller responded, in so many words: Say what?
“In this case we have a government body paying a large sum of public money to two citizens because of alleged tortuous acts of a government servant. The internal affairs investigation is likely the operative document that convinced the governmental body to pay the settlement sum in order to receive a release of liability. The public has a legitimate interest in knowing how law enforcement officers behave while doing their jobs, and how their superiors respond when claims of misconduct are raised and later validated by investigation. That interest becomes absolutely compelling when taxpayer dollars are spent to pay for the misdeeds of public servants.”
It really is simple: When you work for the public, the work you do, and the mistakes you make, are public. As Judge Miller noted, the facts of this episode “reflect actions while on duty, in public, and in the presence of witnesses.”
Nor was the judge buying the county’s assertion that future investigations will be more difficult if there’s a chance the details and findings can be reviewed by citizens.
“Assuming that these investigations are conducted for the correct purpose of identifying official misconduct, there should be no ‘chilling’ of future investigations or potential witnesses simply because the information may be released to the public.”
But here’s the part I hope all other elected officials read. Judge Miller gets right to the heart of the flaw in the line of reasoning, all too common among public officers, that transparency hurts the government’s ability to do its job. On the contrary:
“In fact, a review of the subject investigation by the Court reflects positively on the officers and supervisors who candidly expressed concerns about deputy Moncalieri’s conduct and performance. Stated another way, the public interest is most certainly enhanced by a transparent look into how our local law enforcement reviews accusations of misconduct against its deputies. . .
“[I]t is likely that any dispassioned reader of these lengthy investigations will come away with the conclusion that many individuals with the Sheriff’s office acted with diligence and integrity in the reporting, investigation and evaluation of these complaints.”
Emphasis mine. Moral: when you conduct public business in the sunshine, you gain credibility. And when you gain credibility, you gain authority.
Interestingly, the judge’s ruling indicates that the most strenuous objections to release of the investigation file came not from the county, but from the two people arrested by Montcalieri. Their lawyer filed a motion asking that the names of his clients be kept secret. While the judge agreed to balance their truly private information against legitimate public interest in the investigation, he didn’t go along with the claim that the two people are entitled to complete anonymity:
“[T]hat interest . . . was subordinated to the public interest of full disclosure when they chose to hire an attorney and assert a claim for monetary damages out of taxpayer funds.”
Important footnote: We still haven’t received the investigation file. We expect an appeal.
Read Judge Miller’s Ruling