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HomeMy WebLinkAbout05-17-2016 Item 9, CantrellCOUNCIL MEETING: ITEM Council Memorandum fIr Date: May 16, 2016 TO: City Council FROM: Chief Cantrell, Chief of Police VIA: Katie Lichtig, City Manager SUBJECT: Consent Item #9 - Body -Worn Camera Pilot Program ENC: Police Mobile Audio & Video Policy Body Worn Camera & Video Storage CIP September 10, 2015 Council Memorandum MAY 17 2016 On May 17, 2016 Council will be reviewing a request by the Police Department to apply for a competitive Body Worn Camera (BWC) grant offered by the Federal Department of Justice identified as Item #9 on the consent agenda. A request was made to view the BWC policy that was created by the Police Department as part of the BWC pilot program. The request also asked for clarification on the evaluation the pilot program, if the policy would be brought back for Council to review and budgetary implications for video retention. The Police Department has been engaged in a BWC pilot program for nine months. Body worn cameras are actively being used in the department and it was necessary to establish a policy for use prior to the start of the pilot program. The policy creation was a robust endeavor to include department employees, employee working groups, the City Attorney, the District Attorney's Office, the Public Defender's Office, outside law enforcement, a citizen representative, and a media representative. As part of the 2015-2017 Financial Plan Council approved the purchase of body worn cameras and video storage space. The Capital Improvement Project for this purchase outlined the department's intent as it looked to create policy, implement the pilot program, and transition to a permanent program. Additionally, on September 10, 2015 Council was advised via a Council Memorandum of the start of the BWC pilot program which highlighted the creation of a BWC policy and the department's efforts as we move toward a more permanent program. It was never the intent of the department to address with Council recommended policies; however, should Council desire an informational update at the conclusion of the BWC pilot program in the fall of 2016 the department would be happy to provide a presentation. The Police Department, Police Mobile Audio & Video policy, the Body Worn Camera & Video Storage CIP and the Council Memorandum dated September 10, 2015 are attached to this memorandum. Please contact Chief Cantrell at dcantrell@slocitu.or+r if there are any questions. San Luis Obispo Police Department Policy Manual Portable Audio/'video Recorders 478.1 PURPOSE AND SCOPE This policy provides guidelines for the use of portable audio/video recording devices by members of this department while in the performance of their duties. Portable audio/video recording devices include all recording systems whether body -worn, hand held or integrated into portable equipment. This policy does not apply to lawful surreptitious audio/video recording, interception of communications for authorized investigative purposes or to mobile audio/video recordings (see the Investigation and Prosecution and Mobile Audio/Video policies). 478.2 POLICY The San Luis Obispo Police Department may provide members with access to portable recorders, either audio or video or both, for use during the performance of their duties. The use of recorders is intended to enhance the mission of the Department by capturing contacts between members of the Department and the public. 478.3 MEMBER PRIVACY EXPECTATION All recordings made by members acting in their official capacity shall remain the property of the Department regardless of whether those recordings were made with department -issued or personally owned recorders. Members shall have no expectation of privacy or ownership interest in the content of these recordings. 478.4 MEMBER RESPONSIBILITIES Prior to going into service, each uniformed member will be responsible for making sure that he/ she is equipped with a portable recorder issued by the Department, and that the recorder is in good working order. If the recorder is not in working order or malfunctions at any time, the member shall promptly report the failure to his/her supervisor and obtain a functioning device as soon as practicable. Uniformed members should wear the recorder in a conspicuous manner or otherwise notify persons that they are being recorded, whenever possible. Any member assigned to a non -uniformed position may carry an approved portable recorder at any time the member believes that such a device may be useful. Unless conducting a lawful recording in an authorized undercover capacity, non -uniformed members should wear the recorder in a conspicuous manner when in use or otherwise notify persons that they are being recorded, whenever possible. When using a portable recorder, the assigned member shall record his/her name, Department acronym: identification number and the current date and time at the beginning and the end of the shift or other period of use, regardless of whether any activity was recorded. This procedure is not required when the recording device and related software captures the user's unique identification and the date and time of each recording. Portable AudioNideo Recorders - 1 Adoption Date: 2015/09/30 © 1995-2016 Lexipol, LLC San Luis Obispo Police Department Policy Manual Portable Audio/Video Recorders Members should document the existence of a recording in any report or other official record of the contact, including any instance where the recorder malfunctioned or the member deactivated the recording. Members should include the reason for deactivation. 478.5 ACTIVATION OF THE PORTABLE RECORDER (a) This Policy is not intended to describe every possible situation in which the portable recorder should be used, although there are many situations where its use is appropriate. Members should activate the recorder any time the member believes it would be appropriate or valuable to record an incident, such as: 1. All enforcement and investigative contacts including stops and field interview (FI) situations; 2. Traffic stops including, but not limited to, traffic violations, stranded motorist assistance, and all crime interdiction stops; 3. Self initiated activity in which a member would normally notify the Communications Center; 4. Any other contact that becomes adversarial after the initial contact in a situation that would not otherwise require recording. (b) Members should remain sensitive to the dignity of all individuals being recorded and exercise sound discretion to respect privacy by discontinuing recording whenever it reasonably appears to the member that such privacy may outweigh any legitimate law enforcement interest in recording. Requests by members of the public to stop recording should be considered using this same criteria. Recording should resume when privacy is no longer an issue unless the circumstances no longer fit the crieteria for recording. Officers should be aware of certain circumstances when operating the portable audio/video recorder may not be appropriate, such as: 1. In hospital emergency rooms where privacy of patients, including patients not part of the officer's call, should be considered; 2. Anytime a person's private health information is being discussed; 3. Ambulance responses to accidents and illnesses when victims are not involved in any criminal activity; 4. When the use of the portable audio/video recorder causes emotional distress to a victim of a crime, such as a rape victim; 5. Other examples as covered in training. (c) Officers should be aware of other privacy issues relating to a person's place of residence and/or other area where there could be an expectation of privacy. 1. Upon initial contact with private persons at a private residence, officer should make a reasonable attempt to notify them that the audio/video recorder is present before entering the residence unless the officer enters the residence because of a warrant or exigent circumstances. Portable AudioNideo Recorders - 2 Adoption Date: 2015/09/30 0 1995-2016 Lexipol, LLC San Luis Obispo Police Department Policy Manual Portable AudioNideo Recorders 2. If a private person objects to the use of the audio/video recorder inside a private residence, the officer may turn off the recorder in accordance with this policy. (d) Officers are not required to obtain consent from a private person when: 1. In a public place; 2. In a location where there is no reasonable expectation of privacy (e.g.: inside a building or dwelling where the officer is lawfully present and engages in the performance of official duties); 3. Officers are encouraged to advise private persons they are recording if the advisement may gain compliance, assist in the investigation, and does not interfere with the investigation or officer safety. At no time is a member expected to jeopardize his/her safety in order to activate a portable audio/ video recorder or change the recording media. However, the recorder should be activated in situations described above as soon as practical. 478.5.1 SURREPTITIOUS USE OF THE PORTABLE RECORDER Members of the Department may surreptitiously record any conversation during the course of a criminal investigation in which the member reasonably believes that such a recording will be lawful and beneficial to the investigation (Penal Code § 633). Members shall not surreptitiously record another department member without a court order unless lawfully authorized by the Chief of Police or the authorized designee. 478.5.2 CESSATION OF RECORDING Once activated, the portable recorder should remain on continuously until the member's direct participation in the incident is complete or the situation no longer fits the criteria for activation. Recording may be stopped during significant periods of inactivity such as report writing or other breaks from direct participation in the incident. An officer shall have the latitude to terminate recording when there is no likelihood of force being used or anything else of evidentiary value occurring. It shall be deemed a violation of this policy for an officer to fail to activate the device or intentionally terminate a recording in order to commit a violation of law or department policy. 478.5.3 EXPLOSIVE DEVICE Many portable recorders, including body -worn cameras and audio/video transmitters, emit radio waves that could trigger an explosive device. Therefore, these devices should not be used where an explosive device may be present. 478.6 PROHIBITED USE OF PORTABLE RECORDERS Members are prohibited from using department -issued portable audio/video recorders and recording media for personal use and are prohibited from making personal copies of recordings created while on -duty or while acting in their official capacity. Portable AudioNideo Recorders - 3 Adoption Date: 2015/09/30 © 1995-2016 Lexipol, LLC San Luis Obispo Police Department Policy Manual Portable AudioNrdeo Recorders Members are also prohibited from retaining recordings of activities or information obtained while on -duty, whether the recording was created with department -issued or personally owned recorders. Members shall not duplicate or distribute such recordings, except for authorized legitimate department business purposes. All such recordings shall be retained at the Department. Any member who uses a personally owned recorder for department -related activities shall comply with the provisions of this policy, including retention and release requirements. Recordings shall not be used by any member for the purpose of embarrassment, intimidation, or ridicule. 478.7 RETENTION OF RECORDINGS Any time a member records any portion of a contact that the member reasonably believes constitutes evidence in a criminal case, the member shall record the related case number and transfer the file in accordance with current procedure for storing digital files and document the existence of the recording in the related case report. Transfers should occur at the end of the member's shift, or any time the storage capacity is nearing its limit. Any time a member reasonably believes a recorded contact may be beneficial in a non -criminal matter (e.g., a hostile contact), the member should promptly notify a supervisor of the existence of the recording. 478.7.1 RETENTION REQUIREMENTS All recordings shall be retained for a period consistent with the requirements of the organization's records retention schedule but in no event for a period less than 180 days. 478.8 RELEASE OF RECORDINGS Recordings made using portable recording devices pursuant to this policy are department records and may only be released as provided in the Release of Records and Information Policy or for other authorized legitimate department business purposes. 478.9 REVIEW OF RECORDINGS When preparing written reports, members should review their recordings as a resource. However, members shall not retain personal copies of recordings. Members should not use the fact that a recording was made as a reason to write a less detailed report. Supervisors are authorized to review relevant recordings any time they are investigating alleged misconduct or reports of meritorious conduct or whenever such recordings would be beneficial in reviewing the member's performance. Recorded files may also be reviewed: (a) Upon approval by a supervisor, by any member of the Department who is conducting an official investigation, such as a personnel complaint, administrative investigation or criminal investigation. Portable AudioNideo Recorders - 4 Adoption Date: 2015/09/30 ©1995-2016 Lexipol, LLC San Luis Obispo Police Department Policy Manual Portable AudiolVideo Recorders (b) Pursuant to lawful process or by court personnel who are otherwise authorized to review evidence in a related case. (c) With permission of the Chief of Police or the authorized designee for legitimate law enforcement purposes. (d) in compliance with a public records request, if permitted, and in accordance with the Records Release and Security Policy. 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CJI r September 10, 2015 TO: City Council FROM: Keith Storton, Acting Chief of Police VIA: Katie Lichtig, City Manager SUBJECT: Body -worn Camera Pilot Program On September 11, 2015, the Police Department will begin a one-year body -worn camera pilot program with the introduction of ten cameras that will be assigned to a variety of sworn field personnel working different assignments. This flexibility will allow the Department to experience the use of the cameras under a variety of conditions to evaluate their compatibility and efficiency in the many environments that police officers work. We anticipate that the presence of body -worn cameras will provide several benefits to the public we serve. The cameras will document evidence, capture interviews, and assist in officer training. The presence of a recording device may prevent and resolve citizen complaints brought by members of the public, as well as strengthen police transparency, accountability and officer performance. Body -worn cameras are just a tool that captures a segment and perspective of incidents or contacts that are typically comprehensive in nature. This tool, when used wisely and in conjunction with other information and resources, will be a valuable addition to the complex and demanding roles expected of our law enforcement professionals. For historical context, in January of this year, the Department formulated a body -worn camera working group that consisted of City of San Luis Obispo staff and representatives from the District Attorney's Office, the Public Defender's Office, a media representative, a local citizen, and an outside police agency representative. These meetings culminated in the creation of a body -worn camera policy that is adaptive to and represented of our community. The working group anticipates meeting on a quarterly basis throughout the year in order to evaluate progress and review potential policy concerns. If the program is successful the Department will look at ways to expand the program to all police field personnel. This concept was approved by Council as part of the 2015-2017 Financial Plan. I will be preparing a news release to inform the public about this new technology. Should you have any questions do not hesitate to contact me at 781-7118 or kstorton slocity.org. File path