Act of Alabama No. 2021-268
Act of Alabama No. 2021-268 is a state law passed during the 2021 Alabama legislative session which requires law enforcement agencies to conduct thorough background checks for all newly-hired law enforcement officers, and directs the Alabama Peace Officers' Standards and Training Commission (APOSTC) to audit for compliance, and to maintain an employment database of disciplinary actions made against officers, for the sole use of hiring and appointment decisions by other agencies. It also protected departments from any civil liability arising from sharing such information with other agencies.
Part of the context for the bill was national outrage at the actions of Minneapolis police officer Derek Chauvin, which caused the death of George Floyd. It was introduced as House Bill 411 by Representatives Artis McCampbel (D-District 71) and Neil Rafferty (D-District 54). Rafferty explained that its purpose was "to ensure bad actors from community and state law enforcement agencies are held accountable and don’t end up hopping from one department to the next."
The bill passed the House on March 30 and the Senate on April 13. Governor Ivey signed it into law on [April 22]].
The law clearly placed the APOSTC database, which includes employment records as well as disciplinary records, off-limits from public records requests, effectively making it more difficult for the public to be informed about the background of law enforcement officers. Alabama is one of 15 states that keep employment records secret.
References
- Shah, Toni (March 24, 2021) "Police Chief, Sheriff support Law Enforcement Agencies Database." East Alabama Observer
- Stecklow, Sam (September 19, 2024) "Police employment history is usually a public record. In Alabama, it’s a state secret." The Invisible Institute/AL.com