Loading...
HomeMy WebLinkAbout7A Body Worn Camera Policy Report Phone 952.447.9800 / Fax 952.447.4245 / www.cityofpriorlake.com 4646 Dakota Street SE Prior Lake, MN 55372 CITY COUNCIL AGENDA REPORT MEETING DATE: AUGUST 21, 2017 AGENDA #: 7A PREPARED BY: MARK ELLIOTT, CHIEF OF POLICE PRESENTED BY: MARK ELLIOTT, CHIEF OF POLICE AGENDA ITEM: PUBLIC HEARING ON THE PRIOR LAKE POLICE DEPARTMENT BODY WORN CAMERA PROGRAM DISCUSSION: Introduction The purpose of this agenda item is to hold a public hearing on the Prior Lake Police Department’s proposed Body Worn Camera program. History The police department has been researching body worn cameras for the last two years and have been working towards implementation for the past year. The Minnesota Legislature enacted legislation last year requiring police departments to hold a public hearing before enacting a body worn camera program. State Statute 626.8473 s.2 states, A local law enforcement agency must provide an opportunity for public comment before it purchases or implements a portable recording system. At a minimum, the agency must accept public comments submitted electronically or by mail, and the governing body with jurisdiction over the budget of the law enforcement agency must provide an opportunity for public comment at a regularly scheduled meeting. Current Circumstances Law Enforcement agencies throughout the country have implemented body worn camera programs over the past several years. Recently, especially in the past two years, the number of departments using this technology has increased exponentially every month. The public, as well as the officers, are asking for this technology for several reasons including increased accountability, transparency, safety, and evidence gathering. Technological advancements have made it possible to have reliable body worn cameras that stand up to the rigors of law enforcement duties and operate predictably when used correctly. The policy drafted by the Prior Lake PD incorporates all elements required by Minnesota law, as well as the best practices as recommended by the League of Minnesota Cities, Minnesota Chiefs of Police Association, and Minnesota Police and Peace Officers Association. In addition, the policy 2 goes beyond these recommendations and adds mandated recording of all in-progress crimes from the initial response of the officers. The Prior Lake Police Department has actually gone beyond the minimum requirements of the law since this policy was reviewed by citizens at a public information meeting presented by the police department last month. Those in attendance were supportive of the adoption of the policy and the technology. The policy was also presented to the city Community Safety Advisory Committee. The committee was in support of the implementation of the program and policy and recommends the city move forward with the program. Conclusion The policy adopted by the Prior Lake Police Department is comprehensive and follows a best practices approach to the use of this technology. The public hearing provides an opportunity for disclosure and review of the proposed policy to the public, and an opportunity for public comment. ISSUES: This public hearing is required by law in order to implement a Body Worn Camera Program. A copy of the policy is attached to this agenda report for city council information. FINANCIAL IMPACT: No financial impact at this time. The Police Chief will bring the purchase of cameras back before the council at a later time this year. ALTERNATIVES: 1. Hold a public hearing as required by law and unless new substantive information is offered approve the attached resolution approving the policy as recommended by staff. 2. Conduct the public hearing but defer action on approval of the policy so the staff can provide additional information as may be desired by the city council. RECOMMENDED MOTION: Alternative #1 4646 Dakota Street SE Prior Lake, MN 55372 RESOLUTION 17-___ A RESOLUTION APPROVING A BODY WORN CAMERA POLICY FOR THE CITY OF PRIOR LAKE POLICE DEPARTMENT Motion By: Second By: WHEREAS, Law enforcement agencies through out the country are implementing body worn cameras; and WHEREAS, The public and public safety officers are supportive of the use of body worn camera technology for increased accountability, transparency, safety and evidence gathering; and WHEREAS, The Prior Lake Police Department has prepared a Body Worn Camera Policy which includes all of the elements required by Minnesota State Statute as well as recommendations from the Minnesota League of Cities, Minnesota Chiefs of Police and Minnesota Police and Peace Officers Association; and WHEREAS, The body worn camera policy proposed by the Prior Lake Police Department goes beyond the above recommendations and includes a mandate requiring recording of all in-progress crimes; and WHEREAS, Minnesota Statutes requires that the chief policy making body of the city conduct a public hearing to garner public input prior to the adoption of a body worn camera policy, and; WHEREAS, WHEREAS, The Prior Lake Policy Department conducted a public input meeting in July and received public input,and; On August 21, 2017 the City Council of the City of Prior Lake did conduct a public hearing in full accordance with Minnesota Statute. NOW THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF PRIOR LAKE, MINNESOTA as follows: 1. The recitals set forth above are incorporated herein. 2. The Prior Lake Police Department Body Worn Camera Policy dated August 21, 2017 is hereby approved. 3. The Police Chief is authorized to administer and amend the policy as necessary. PASSED AND ADOPTED THIS 21st DAY OF AUGUST 2017. VOTE Briggs McGuire Thompson Braid Burkart Aye ☐ ☐ ☐ ☐ ☐ Nay ☐ ☐ ☐ ☐ ☐ Abstain ☐ ☐ ☐ ☐ ☐ Absent ☐ ☐ ☐ ☐ ☐ 2 ______________________________ Frank Boyles, City Manager PRIOR LAKE POLICE DEPARTMENT POLICY AND PROCEDURE MANUAL BODY WORN CAMERA/MOBILE VIDEO RECORDING EQUIPMENT DATE ISSUED: AUGUST 21, 2017 RETENTION DATE: UNTIL RESCINDED SECTION 3 CHAPTER 3 PURPOSE THE PRIMARY PURPOSE OF USING BODY-WORN-CAMERAS (BWCS) IS TO CAPTURE EVIDENCE ARISING FROM POLICE-CITIZEN ENCOUNTERS. THIS POLICY SETS FORTH GUIDELINES GOVERNING THE USE OF BWCS AND ADMINISTERING THE DATA THAT RESULTS. COMPLIANCE WITH THESE GUIDELINES IS MANDATORY, BUT IT IS RECOGNIZED THAT OFFICERS MUST ALSO ATTEND TO OTHER PRIMARY DUTIES AND THE SAFETY OF ALL CONCERNED, SOMETIMES IN CIRCUMSTANCES THAT ARE TENSE, UNCERTAIN, AND RAPIDLY EVOLVING. POLICY IT IS THE POLICY OF THIS DEPARTMENT TO AUTHORIZE AND REQUIRE THE USE OF DEPARTMENT-ISSUED BWCS AS SET FORTH BELOW, AND TO ADMINISTER BWC DATA AS PROVIDED BY LAW. SCOPE THIS POLICY GOVERNS THE USE OF BWCS IN THE COURSE OF OFFICIAL DUTIES. THE CHIEF OR CHIEF’S DESIGNEE MAY SUPERSEDE THIS POLICY BY PROVIDING SPECIFIC INSTRUCTIONS FOR BWC USE TO INDIVIDUAL OFFICERS, OR PROVIDING SPECIFIC INSTRUCTIONS PERTAINING TO PARTICULAR EVENTS OR CLASSES OF EVENTS, INCLUDING BUT NOT LIMITED TO POLITICAL RALLIES AND DEMONSTRATIONS. THE CHIEF OR DESIGNEE MAY ALSO PROVIDE SPECIFIC INSTRUCTIONS OR STANDARD OPERATING PROCEDURES FOR BWC USE TO OFFICERS ASSIGNED TO SPECIALIZED DETAILS, SUCH AS CARRYING OUT DUTIES IN COURTS OR GUARDING PRISONERS OR PATIENTS IN HOSPITALS AND MENTAL HEALTH FACILITIES. DEFINITIONS THE FOLLOWING PHRASES HAVE SPECIAL MEANINGS AS USED IN THIS POLICY: A. BODY-WORN CAMERA (BWC) REFERS TO A VIDEO/AUDIO RECORDING DEVICE WORN BY AN OFFICER ON THEIR PERSON AND INCLUDES ANY ASSOCIATED SQUAD- CAR MOUNTED VIDEO/AUDIO DEVICE THAT IS INTEGRATED INTO THE DEPARTMENT SYSTEM. B. MGDPA OR DATA PRACTICES ACT REFERS TO THE MINNESOTA GOVERNMENT DATA PRACTICES ACT, MINN. STAT. § 13.01, ET SEQ. C. RECORDS RETENTION SCHEDULE REFERS TO THE GENERAL RECORDS RETENTION SCHEDULE FOR MINNESOTA CITIES. D. LAW ENFORCEMENT-RELATED INFORMATION MEANS INFORMATION CAPTURED OR AVAILABLE FOR CAPTURE BY USE OF A BWC THAT HAS EVIDENTIARY VALUE BECAUSE IT DOCUMENTS EVENTS WITH RESPECT TO A STOP, ARREST, SEARCH, CITATION, OR CHARGING DECISION. E. EVIDENTIARY VALUE MEANS THAT THE INFORMATION MAY BE USEFUL AS PROOF IN A CRIMINAL PROSECUTION, RELATED CIVIL OR ADMINISTRATIVE PROCEEDING, FURTHER INVESTIGATION OF AN ACTUAL OR SUSPECTED CRIMINAL ACT, OR IN CONSIDERING AN ALLEGATION AGAINST A LAW ENFORCEMENT AGENCY OR OFFICER. F. GENERAL CITIZEN CONTACT MEANS AN INFORMAL ENCOUNTER WITH A CITIZEN THAT IS NOT AND DOES NOT BECOME LAW ENFORCEMENT-RELATED OR ADVERSARIAL, AND A RECORDING OF THE EVENT WOULD NOT YIELD INFORMATION RELEVANT TO AN ONGOING INVESTIGATION. EXAMPLES INCLUDE, BUT ARE NOT LIMITED TO, ASSISTING A MOTORIST WITH DIRECTIONS, SUMMONING A TOW TRUCK, OR RECEIVING GENERALIZED CONCERNS FROM A CITIZEN ABOUT CRIME TRENDS IN HIS OR HER NEIGHBORHOOD. G. ADVERSARIAL MEANS A LAW ENFORCEMENT ENCOUNTER WITH A PERSON THAT BECOMES CONFRONTATIONAL, DURING WHICH AT LEAST ONE PERSON EXPRESSES ANGER, RESENTMENT, OR HOSTILITY TOWARD THE OTHER, OR AT LEAST ONE PERSON DIRECTS TOWARD THE OTHER VERBAL CONDUCT CONSISTING OF ARGUING, THREATENING, CHALLENGING, SWEARING, YELLING, OR SHOUTING. ENCOUNTERS IN WHICH A CITIZEN DEMANDS TO BE RECORDED OR INITIATES RECORDING ON HIS OR HER OWN ARE DEEMED ADVERSARIAL. H. UNINTENTIONALLY RECORDED FOOTAGE IS A VIDEO RECORDING THAT RESULTS FROM AN OFFICER’S INADVERTENCE OR NEGLECT IN OPERATING THE OFFICER’S BWC, PROVIDED THAT NO PORTION OF THE RESULTING RECORDING HAS EVIDENTIARY VALUE. EXAMPLES OF UNINTENTIONALLY RECORDED FOOTAGE INCLUDE, BUT ARE NOT LIMITED TO, RECORDINGS MADE IN STATION HOUSE LOCKER ROOMS, RESTROOMS, AND RECORDINGS MADE WHILE OFFICERS WERE ENGAGED IN CONVERSATIONS OF A NON-BUSINESS, PERSONAL NATURE WITH THE EXPECTATION THAT THE CONVERSATION WAS NOT BEING RECORDED. I. OFFICIAL DUTIES, FOR PURPOSES OF THIS POLICY, MEANS THAT THE OFFICER IS ON DUTY AND PERFORMING AUTHORIZED LAW ENFORCEMENT SERVICES ON BEHALF OF THIS AGENCY. USE AND DOCUMENTATION A. OFFICERS MAY USE ONLY DEPARTMENT-ISSUED BWCS IN THE PERFORMANCE OF OFFICIAL DUTIES FOR THIS AGENCY OR WHEN OTHERWISE PERFORMING AUTHORIZED LAW ENFORCEMENT SERVICES AS AN EMPLOYEE OF THIS DEPARTMENT. B. OFFICERS WHO HAVE BEEN ISSUED BWCS SHALL OPERATE AND USE THEM CONSISTENT WITH THIS POLICY. OFFICERS SHALL CONDUCT A FUNCTION TEST OF THEIR ISSUED BWCS AT THE BEGINNING OF EACH SHIFT TO MAKE SURE THE DEVICES ARE OPERATING PROPERLY. OFFICERS NOTING A MALFUNCTION DURING TESTING OR AT ANY OTHER TIME SHALL PROMPTLY REPORT THE MALFUNCTION TO THE OFFICER’S SUPERVISOR AND SHALL DOCUMENT THE REPORT IN WRITING. SUPERVISORS SHALL TAKE PROMPT ACTION TO ADDRESS MALFUNCTIONS AND DOCUMENT THE STEPS TAKEN IN WRITING. C. OFFICERS SHOULD WEAR THEIR ISSUED BWCS AT THE LOCATION ON THEIR BODY AND IN THE MANNER SPECIFIED IN TRAINING. D. OFFICERS MUST DOCUMENT BWC USE AND NON-USE AS FOLLOWS: 1. WHENEVER AN OFFICER MAKES A RECORDING, THE EXISTENCE OF THE RECORDING SHALL BE DOCUMENTED IN AN INCIDENT REPORT IN LETG OR THE RECORD MANAGEMENT SYSTEM. 2. WHENEVER AN OFFICER FAILS TO RECORD AN ACTIVITY THAT IS REQUIRED TO BE RECORDED UNDER THIS POLICY OR CAPTURES ONLY A PART OF THE ACTIVITY, THE OFFICER MUST DOCUMENT THE CIRCUMSTANCES AND REASONS FOR NOT RECORDING IN AN INCIDENT REPORT OR CAD RECORD. SUPERVISORS SHALL REVIEW THESE REPORTS AND INITIATE ANY CORRECTIVE ACTION DEEMED NECESSARY. E. THE DEPARTMENT WILL MAINTAIN THE FOLLOWING RECORDS AND DOCUMENTS RELATING TO BWC USE, WHICH ARE CLASSIFIED AS PUBLIC DATA: 1. THE TOTAL NUMBER OF BWCS OWNED OR MAINTAINED BY THE AGENCY; 2. A DAILY RECORD OF THE TOTAL NUMBER OF BWCS ACTUALLY DEPLOYED AND USED BY OFFICERS AND, IF APPLICABLE, THE PRECINCTS IN WHICH THEY WERE USED; 3. THE TOTAL AMOUNT OF RECORDED BWC DATA COLLECTED AND MAINTAINED; AND, 4. THIS POLICY, TOGETHER WITH THE RECORDS RETENTION SCHEDULE. GENERAL GUIDELINES FOR RECORDING A. OFFICERS SHALL ACTIVATE THEIR BWCS WHEN ANTICIPATING THAT THEY WILL BE INVOLVED IN, BECOME INVOLVED IN, OR WITNESS OTHER OFFICERS OF THIS AGENCY INVOLVED IN A PURSUIT, TERRY STOP OF A MOTORIST OR PEDESTRIAN, SEARCH, SEIZURE, ARREST, USE OF FORCE, ADVERSARIAL CONTACT, TRAFFIC STOPS, AND DURING OTHER ACTIVITIES LIKELY TO YIELD INFORMATION HAVING EVIDENTIARY VALUE. HOWEVER, OFFICERS NEED NOT ACTIVATE THEIR CAMERAS WHEN IT WOULD BE UNSAFE, IMPOSSIBLE, OR IMPRACTICAL TO DO SO, BUT SUCH INSTANCES OF NOT RECORDING WHEN OTHERWISE REQUIRED MUST BE DOCUMENTED AS SPECIFIED IN THE USE AND DOCUMENTATION GUIDELINES, PART (D)(2) (ABOVE). IF AN OFFICER DOES NOT HAVE THEIR BWC ACTIVATED WHEN THEY ARE INVOLVED IN ONE OF THESE ACTIVITIES THEY SHALL ACTIVATE IT AS SOON AS PRACTICABLE. B. OFFICERS SHALL ACTIVATE THEIR BWCS AS SOON AS THEY BEGIN THEIR RESPONSE TO ANY IN-PROGRESS CRIMES. C. OFFICERS HAVE DISCRETION TO RECORD OR NOT RECORD GENERAL CITIZEN CONTACTS (GENERAL CONTACT OF A NON-ENFORCEMENT NATURE). D. OFFICERS HAVE NO AFFIRMATIVE DUTY TO INFORM PEOPLE THAT A BWC IS BEING OPERATED OR THAT THE INDIVIDUALS ARE BEING RECORDED. IF A CITIZEN INQUIRES AS TO WHETHER THE OFFICER IS CURRENTLY RECORDING THEIR INTERACTION, OFFICERS SHOULD GENERALLY DISCLOSE THEY ARE RECORDING UNLESS DOING SO WOULD JEOPARDIZE SOMEONE’S SAFETY OR COMPROMISE POLICE OPERATIONS. E. ONCE ACTIVATED, THE BWC SHOULD CONTINUE RECORDING UNTIL THE CONCLUSION OF THE INCIDENT OR ENCOUNTER, OR UNTIL IT BECOMES APPARENT THAT ADDITIONAL RECORDING IS UNLIKELY TO CAPTURE INFORMATION HAVING EVIDENTIARY VALUE. THE OFFICER HAVING CHARGE OF A SCENE SHALL LIKEWISE DIRECT THE DISCONTINUANCE OF RECORDING WHEN FURTHER RECORDING IS UNLIKELY TO CAPTURE ADDITIONAL INFORMATION HAVING EVIDENTIARY VALUE. RECORDING MAY BE TEMPORARILY CEASED OR THE AUDIO MUTED TO EXCHANGE INFORMATION WITH OTHER OFFICERS, LEGAL COUNSEL, OR THE LENS OBSTRUCTED IN ORDER TO AVOID CAPTURING IMAGES OF UNDERCOVER OFFICERS, INFORMANTS, OR CITIZENS WHERE BASED ON TRAINING AND EXPERIENCE, IN THE JUDGEMENT OF THE OFFICER A RECORDING WOULD NOT BE APPROPRIATE OR CONSISTENT WITH THIS POLICY. THE REASON TO CEASE AND RESUME RECORDING (OR TO MUTE AUDIO OR OBSTRUCT THE LENS) WILL BE NOTED BY THE OFFICER EITHER VERBALLY ON THE PORTABLE AUDIO/VIDEO RECORDER OR IN A WRITTEN REPORT. RECORDING MAY BE STOPPED DURING SIGNIFICANT PERIODS OF INACTIVITY SUCH AS REPORT WRITING OR OTHER BREAKS FROM DIRECT PARTICIPATION IN THE INCIDENT. IF THE RECORDING IS DISCONTINUED WHILE AN INVESTIGATION, RESPONSE, OR INCIDENT IS ONGOING, OFFICERS SHALL STATE THE REASONS FOR CEASING THE RECORDING ON CAMERA BEFORE DEACTIVATING THEIR BWC. IF CIRCUMSTANCES CHANGE, OFFICERS SHALL REACTIVATE THEIR CAMERAS AS REQUIRED BY THIS POLICY TO CAPTURE INFORMATION HAVING EVIDENTIARY VALUE. F. OFFICERS SHALL NOT INTENTIONALLY BLOCK THE BWC’S AUDIO OR VISUAL RECORDING FUNCTIONALITY TO DEFEAT THE PURPOSES OF THIS POLICY. G. NOTWITHSTANDING ANY OTHER PROVISION IN THIS POLICY, OFFICERS SHALL NOT USE THEIR BWCS TO RECORD OTHER AGENCY PERSONNEL DURING NON- ENFORCEMENT RELATED ACTIVITIES, SUCH AS DURING PRE- AND POST-SHIFT TIME IN LOCKER ROOMS, DURING MEAL BREAKS, OR DURING OTHER PRIVATE CONVERSATIONS, UNLESS RECORDING IS AUTHORIZED AS PART OF AN ADMINISTRATIVE OR CRIMINAL INVESTIGATION. SPECIAL GUIDELINES FOR RECORDING OFFICERS MAY, IN THE EXERCISE OF SOUND DISCRETION, DETERMINE: A. TO USE THEIR BWCS TO RECORD ANY POLICE-CITIZEN ENCOUNTER IF THERE IS REASON TO BELIEVE THE RECORDING WOULD POTENTIALLY YIELD INFORMATION HAVING EVIDENTIARY VALUE, UNLESS SUCH RECORDING IS OTHERWISE EXPRESSLY PROHIBITED. B. TO USE THEIR BWCS TO TAKE RECORDED STATEMENTS FROM PERSONS BELIEVED TO BE VICTIMS OF AND WITNESSES TO CRIMES, AND PERSONS SUSPECTED OF COMMITTING CRIMES, CONSIDERING THE NEEDS OF THE INVESTIGATION AND THE CIRCUMSTANCES PERTAINING TO THE VICTIM, WITNESS, OR SUSPECT. IN GENERAL, STATEMENTS SHOULD BE TAKEN USING THE DEPARTMENT ISSUED AUDIO RECORDING DEVICE IN ORDER TO STANDARDIZE FORMAT AND TRANSCRIPTION EFFICIENCY. IN ADDITION, C. OFFICERS NEED NOT RECORD PERSONS BEING PROVIDED MEDICAL CARE UNLESS THERE IS REASON TO BELIEVE THE RECORDING WOULD DOCUMENT INFORMATION HAVING EVIDENTIARY VALUE. WHEN RESPONDING TO AN APPARENT MENTAL HEALTH CRISIS OR EVENT, BWCS SHALL BE ACTIVATED AS NECESSARY TO DOCUMENT ANY USE OF FORCE AND THE BASIS FOR IT, AND ANY OTHER INFORMATION HAVING EVIDENTIARY VALUE, BUT NEED NOT BE ACTIVATED WHEN DOING SO WOULD SERVE ONLY TO RECORD SYMPTOMS OR BEHAVIORS BELIEVED TO BE ATTRIBUTABLE TO THE MENTAL HEALTH OR MEDICAL ISSUE. D. OFFICERS SHALL USE THEIR BWCS AND SQUAD-BASED AUDIO/VIDEO SYSTEMS TO RECORD THEIR TRANSPORTATION AND THE PHYSICAL TRANSFER OF PERSONS IN THEIR CUSTODY TO HOSPITALS, DETOX AND MENTAL HEALTH CARE FACILITIES, JUVENILE DETENTION CENTERS, AND JAILS, BUT OTHERWISE SHOULD NOT RECORD IN THESE FACILITIES UNLESS THE OFFICER ANTICIPATES WITNESSING A CRIMINAL EVENT OR BEING INVOLVED IN OR WITNESSING AN ADVERSARIAL ENCOUNTER OR USE-OF- FORCE INCIDENT. DOWNLOADING AND LABELING DATA A. EACH OFFICER USING A BWC IS RESPONSIBLE FOR TRANSFERRING OR ASSURING THE PROPER TRANSFER OF THE DATA FROM HIS OR HER CAMERA TO THE DESIGNATED STORAGE LOCATION BY THE END OF THAT OFFICER’S SHIFT. HOWEVER, IF THE OFFICER IS INVOLVED IN A SHOOTING, IN-CUSTODY DEATH, OR OTHER LAW ENFORCEMENT ACTIVITY RESULTING IN DEATH OR GREAT BODILY HARM, A SUPERVISOR OR INVESTIGATOR SHALL TAKE CUSTODY OF THE OFFICER’S BWC AND ASSUME RESPONSIBILITY FOR TRANSFERRING THE DATA FROM IT. B. OFFICERS SHALL LABEL THE BWC DATA FILES AT THE TIME OF VIDEO CAPTURE OR TRANSFER TO STORAGE, AND SHOULD CONSULT WITH A SUPERVISOR IF IN DOUBT AS TO THE APPROPRIATE LABELING. OFFICERS SHOULD ASSIGN THE APPROPRIATE LABEL IN ACCORDING WITH THE DATA RETENTION TABLE IN THIS POLICY. C. IN ADDITION, OFFICERS SHALL FLAG EACH FILE AS APPROPRIATE TO INDICATE THAT IT CONTAINS INFORMATION ABOUT DATA SUBJECTS WHO MAY HAVE RIGHTS UNDER THE MGDPA LIMITING DISCLOSURE OF INFORMATION ABOUT THEM. THESE INDIVIDUALS INCLUDE: 1. VICTIMS AND ALLEGED VICTIMS OF CRIMINAL SEXUAL CONDUCT AND SEX TRAFFICKING. 2. VICTIMS OF CHILD ABUSE OR NEGLECT. 3. VULNERABLE ADULTS WHO ARE VICTIMS OF MALTREATMENT. 4. UNDERCOVER OFFICERS. 5. INFORMANTS. 6. WHEN THE VIDEO IS CLEARLY OFFENSIVE TO COMMON SENSITIVITIES. 7. VICTIMS OF AND WITNESSES TO CRIMES, IF THE VICTIM OR WITNESS HAS REQUESTED NOT TO BE IDENTIFIED PUBLICLY. 8. INDIVIDUALS WHO CALLED 911, AND SERVICES SUBSCRIBERS WHOSE LINES WERE USED TO PLACE A CALL TO THE 911 SYSTEM. 9. MANDATED REPORTERS. 10. JUVENILE WITNESSES, IF THE NATURE OF THE EVENT OR ACTIVITY JUSTIFIES PROTECTING THE IDENTITY OF THE WITNESS. 11. JUVENILES WHO ARE OR MAY BE DELINQUENT OR ENGAGED IN CRIMINAL ACTS. 12. INDIVIDUALS WHO MAKE COMPLAINTS ABOUT VIOLATIONS WITH RESPECT TO THE USE OF REAL PROPERTY. 13. OFFICERS AND EMPLOYEES WHO ARE THE SUBJECT OF A COMPLAINT RELATED TO THE EVENTS CAPTURED ON VIDEO. 14. OTHER INDIVIDUALS WHOSE IDENTITIES THE OFFICER BELIEVES MAY BE LEGALLY PROTECTED FROM PUBLIC DISCLOSURE. D. LABELING AND FLAGGING DESIGNATIONS MAY BE CORRECTED OR AMENDED BASED ON ADDITIONAL INFORMATION. ADMINISTERING ACCESS TO BWC DATA: A. DATA SUBJECTS. UNDER MINNESOTA LAW, THE FOLLOWING ARE CONSIDERED DATA SUBJECTS FOR PURPOSES OF ADMINISTERING ACCESS TO BWC DATA: 1. ANY PERSON OR ENTITY WHOSE IMAGE OR VOICE IS DOCUMENTED IN THE DATA. 2. THE OFFICER WHO COLLECTED THE DATA. 3. ANY OTHER OFFICER WHOSE VOICE OR IMAGE IS DOCUMENTED IN THE DATA, REGARDLESS OF WHETHER THAT OFFICER IS OR CAN BE IDENTIFIED BY THE RECORDING. B. BWC DATA IS PRESUMPTIVELY PRIVATE. BWC RECORDINGS ARE CLASSIFIED AS PRIVATE DATA ABOUT THE DATA SUBJECTS UNLESS THERE IS A SPECIFIC LAW THAT PROVIDES DIFFERENTLY. AS A RESULT: 1. BWC DATA PERTAINING TO PEOPLE IS PRESUMED PRIVATE, AS IS BWC DATA PERTAINING TO BUSINESSES OR OTHER ENTITIES. 2. SOME BWC DATA IS CLASSIFIED AS CONFIDENTIAL (SEE C. BELOW). 3. SOME BWC DATA IS CLASSIFIED AS PUBLIC (SEE D. BELOW). C. CONFIDENTIAL DATA. BWC DATA THAT IS COLLECTED OR CREATED AS PART OF AN ACTIVE CRIMINAL INVESTIGATION IS CONFIDENTIAL. THIS CLASSIFICATION TAKES PRECEDENCE OVER THE “PRIVATE” CLASSIFICATION LISTED ABOVE AND THE “PUBLIC” CLASSIFICATIONS LISTED BELOW. D. PUBLIC DATA. THE FOLLOWING BWC DATA IS PUBLIC: 1. DATA DOCUMENTING THE DISCHARGE OF A FIREARM BY A PEACE OFFICER IN THE COURSE OF DUTY, OTHER THAN FOR TRAINING OR THE KILLING OF AN ANIMAL THAT IS SICK, INJURED, OR DANGEROUS. 2. DATA THAT DOCUMENTS THE USE OF FORCE BY A PEACE OFFICER THAT RESULTS IN SUBSTANTIAL BODILY HARM. 3. DATA THAT A DATA SUBJECT REQUESTS TO BE MADE ACCESSIBLE TO THE PUBLIC, SUBJECT TO REDACTION. DATA ON ANY DATA SUBJECT (OTHER THAN A PEACE OFFICER) WHO HAS NOT CONSENTED TO THE PUBLIC RELEASE MUST BE REDACTED IF PRACTICABLE. IN ADDITION, ANY DATA ON UNDERCOVER OFFICERS MUST BE REDACTED. 4. DATA THAT DOCUMENTS THE FINAL DISPOSITION OF A DISCIPLINARY ACTION AGAINST A PUBLIC EMPLOYEE. HOWEVER, IF ANOTHER PROVISION OF THE DATA PRACTICES ACT CLASSIFIES DATA AS PRIVATE OR OTHERWISE NOT PUBLIC, THE DATA RETAINS THAT OTHER CLASSIFICATION. FOR INSTANCE, DATA THAT REVEALS PROTECTED IDENTITIES UNDER MINN. STAT. § 13.82, SUBD. 17 (E.G., CERTAIN VICTIMS, WITNESSES, AND OTHERS) SHOULD NOT BE RELEASED EVEN IF IT WOULD OTHERWISE FIT INTO ONE OF THE PUBLIC CATEGORIES LISTED ABOVE. E. ACCESS TO BWC DATA BY NON-EMPLOYEES. OFFICERS SHALL REFER MEMBERS OF THE MEDIA OR PUBLIC SEEKING ACCESS TO BWC DATA TO THE DATA PRACTICES DESIGNEE, WHO SHALL PROCESS THE REQUEST IN ACCORDANCE WITH THE MGDPA AND OTHER GOVERNING LAWS. IN PARTICULAR: 1. AN INDIVIDUAL SHALL BE ALLOWED TO REVIEW RECORDED BWC DATA ABOUT HIM- OR HERSELF AND OTHER DATA SUBJECTS IN THE RECORDING, BUT ACCESS SHALL NOT BE GRANTED: a. IF THE DATA WAS COLLECTED OR CREATED AS PART OF AN ACTIVE INVESTIGATION. b. TO PORTIONS OF THE DATA THAT THE AGENCY WOULD OTHERWISE BE PROHIBITED BY LAW FROM DISCLOSING TO THE PERSON SEEKING ACCESS, SUCH AS PORTIONS THAT WOULD REVEAL IDENTITIES PROTECTED BY MINN. STAT. § 13.82, SUBD. 17. 2. UNLESS THE DATA IS PART OF AN ACTIVE INVESTIGATION, AN INDIVIDUAL DATA SUBJECT SHALL BE PROVIDED WITH A COPY OF THE RECORDING UPON REQUEST, BUT SUBJECT TO THE FOLLOWING GUIDELINES ON REDACTION: a. DATA ON OTHER INDIVIDUALS IN THE RECORDING WHO DO NOT CONSENT TO THE RELEASE MUST BE REDACTED. b. DATA THAT WOULD IDENTIFY UNDERCOVER OFFICERS MUST BE REDACTED. c. DATA ON OTHER OFFICERS WHO ARE NOT UNDERCOVER, AND WHO ARE ON DUTY AND ENGAGED IN THE PERFORMANCE OF OFFICIAL DUTIES, MAY NOT BE REDACTED. F. ACCESS BY PEACE OFFICERS AND LAW ENFORCEMENT EMPLOYEES. NO EMPLOYEE MAY HAVE ACCESS TO THE DEPARTMENT’S BWC DATA EXCEPT FOR LEGITIMATE LAW ENFORCEMENT OR DATA ADMINISTRATION PURPOSES: 1. OFFICERS MAY ACCESS AND VIEW STORED BWC VIDEO ONLY WHEN THERE IS A BUSINESS NEED FOR DOING SO, INCLUDING THE NEED TO DEFEND AGAINST AN ALLEGATION OF MISCONDUCT OR SUBSTANDARD PERFORMANCE. OFFICERS MAY REVIEW VIDEO FOOTAGE OF AN INCIDENT IN WHICH THEY WERE INVOLVED PRIOR TO PREPARING A REPORT, GIVING A STATEMENT, OR PROVIDING TESTIMONY ABOUT THE INCIDENT. 2. AGENCY PERSONNEL SHALL DOCUMENT THEIR REASONS FOR ACCESSING STORED BWC AT THE TIME OF EACH ACCESS. AGENCY PERSONNEL ARE PROHIBITED FROM ACCESSING BWC DATA FOR NON-BUSINESS REASONS AND FROM SHARING THE DATA FOR NON-LAW ENFORCEMENT RELATED PURPOSES, INCLUDING BUT NOT LIMITED TO UPLOADING BWC DATA RECORDED OR MAINTAINED BY THIS AGENCY TO PUBLIC AND SOCIAL MEDIA WEBSITES. 3. EMPLOYEES SEEKING ACCESS TO BWC DATA FOR NON-BUSINESS REASONS MAY MAKE A REQUEST FOR IT IN THE SAME MANNER AS ANY MEMBER OF THE PUBLIC. G. OTHER AUTHORIZED DISCLOSURES OF DATA. OFFICERS MAY DISPLAY PORTIONS OF BWC FOOTAGE TO WITNESSES AS NECESSARY FOR PURPOSES OF INVESTIGATION AS ALLOWED BY MINN. STAT. § 13.82, SUBD. 15, AS MAY BE AMENDED FROM TIME TO TIME. OFFICERS SHOULD GENERALLY LIMIT THESE DISPLAYS IN ORDER TO PROTECT AGAINST THE INCIDENTAL DISCLOSURE OF INDIVIDUALS WHOSE IDENTITIES ARE NOT PUBLIC. PROTECTING AGAINST INCIDENTAL DISCLOSURE COULD INVOLVE, FOR INSTANCE, SHOWING ONLY A PORTION OF THE VIDEO, SHOWING ONLY SCREEN SHOTS, MUTING THE AUDIO, OR PLAYING THE AUDIO BUT NOT DISPLAYING VIDEO. IN ADDITION, 1. BWC DATA MAY BE SHARED WITH OTHER LAW ENFORCEMENT AGENCIES ONLY FOR LEGITIMATE LAW ENFORCEMENT PURPOSES THAT ARE DOCUMENTED IN WRITING AT THE TIME OF THE DISCLOSURE. 2. BWC DATA SHALL BE MADE AVAILABLE TO PROSECUTORS, COURTS, AND OTHER CRIMINAL JUSTICE ENTITIES AS PROVIDED BY LAW. DATA SECURITY SAFEGUARDS A. OFFICERS SHOULD ADHERE TO THE CITY TECHNOLOGY POLICY WITH RESPECT TO GENERAL SECURITY OF PHYSICAL EQUIPMENT, LOG-INS/PASSWORDS, AND DATA FILES. B. ACCESS TO BWC DATA FROM CITY OR PERSONALLY OWNED AND APPROVED DEVICES SHALL BE MANAGED IN ACCORDANCE WITH ESTABLISHED CITY POLICY. C. OFFICERS SHALL NOT INTENTIONALLY EDIT, ALTER, OR ERASE ANY BWC RECORDING UNLESS OTHERWISE EXPRESSLY AUTHORIZED BY THE CHIEF OR THE CHIEF’S DESIGNEE. D. AS REQUIRED BY MINN. STAT. § 13.825, SUBD. 9, AS MAY BE AMENDED FROM TIME TO TIME, THIS AGENCY SHALL OBTAIN AN INDEPENDENT BIENNIAL AUDIT OF ITS BWC PROGRAM. AGENCY USE OF DATA A. AT LEAST QUARTERLY, SUPERVISORS WILL RANDOMLY REVIEW BWC USAGE BY EACH OFFICER TO ENSURE COMPLIANCE WITH THIS POLICY AND TO IDENTIFY ANY PERFORMANCE AREAS IN WHICH ADDITIONAL TRAINING OR GUIDANCE IS REQUIRED. B. IN ADDITION, SUPERVISORS AND OTHER ASSIGNED PERSONNEL MAY ACCESS BWC DATA FOR THE PURPOSES OF REVIEWING OR INVESTIGATING A SPECIFIC INCIDENT THAT HAS GIVEN RISE TO A COMPLAINT OR CONCERN ABOUT OFFICER MISCONDUCT OR PERFORMANCE. C. NOTHING IN THIS POLICY LIMITS OR PROHIBITS THE USE OF BWC DATA AS EVIDENCE OF MISCONDUCT OR AS A BASIS FOR DISCIPLINE. D. OFFICERS SHOULD CONTACT THEIR SUPERVISORS TO DISCUSS RETAINING AND USING BWC FOOTAGE FOR TRAINING PURPOSES. OFFICER OBJECTIONS TO PRESERVING OR USING CERTAIN FOOTAGE FOR TRAINING WILL BE CONSIDERED ON A CASE-BY-CASE BASIS. FIELD TRAINING OFFICERS MAY UTILIZE BWC DATA WITH TRAINEES FOR THE PURPOSE OF PROVIDING COACHING AND FEEDBACK ON THE TRAINEES’ PERFORMANCE. DATA RETENTION A. ALL BWC DATA SHALL BE RETAINED FOR A MINIMUM PERIOD OF 90 DAYS. THERE ARE NO EXCEPTIONS FOR ERRONEOUSLY RECORDED OR NON-EVIDENTIARY DATA. B. VIDEOS SHOULD BE LABELLED ACCORDING TO THE CLASSIFICATIONS IN THE TABLE CONTAINED IN THIS POLICY. CLASSIFICATION DEFINITION RETENTION AOA FOOTAGE CAPTURED WHILE ASSISTING OTHER AGENCY THAT MAY CONTAIN EVIDENCE 90 DAYS ARREST CUSTODIAL ARREST 3 YEARS DWI ARREST FOR DWI RELATED OFFENSE 7 YEARS EMER. VEH. RESPONSE RESPONSE TO CFS THAT DOES NOT RESULT IN ANY OTHER CLASSIFICATION 90 DAYS FLEE FOOTAGE OF VEHICLE REFUSING TO STOP 7 YEARS GENERAL CONTACT RECORDED CONTACT WITH THE PUBLIC: GENERALLY NO EVIDENTIARY VALUE, NO COMMENTS REQUIRED 90 DAYS INFORMATION COMMUNITY CONTACT OF INTEREST: SUPERVISOR NOTIFICATION & COMMENTS REQUIRED 90 DAYS INTERVIEW INTERVIEW CAPTURED ON DVR THAT DOES NOT RESULT IN ANY CLASSIFICATION 90 DAYS INVESTIGATIVE COMMUNITY CONTACT OF INTEREST; ID POSS. SUSPECT; COMMENTS REQUIRED 90 DAYS TEST /ACCIDENTAL ACT. SYSTEM CHECK AT BEGINNING OF DUTY TOUR/ACCIDENTAL ACTIVATION 90 DAYS TRAFFIC CITATION TRAFFIC STOP RESULTING IN CITATION 3 YEARS ISSUED TRAFFIC /NO CITATION TRAFFIC STOP RESULTING IN NO CITATION ISSUED 90 DAYS TRAINING EVENT THAT COULD ASSIST IN DEPARTMENT TRAINING - VIEWABLE TO ALL PERSONNEL 90 DAYS USE-OF-FORCE FOOTAGE OR AUDIO OF DOCUMENTED USE-OF-FORCE 6 YEARS C. DATA DOCUMENTING THE DISCHARGE OF A FIREARM BY A PEACE OFFICER IN THE COURSE OF DUTY, OTHER THAN FOR TRAINING OR THE KILLING OF AN ANIMAL THAT IS SICK, INJURED, OR DANGEROUS, MUST BE MAINTAINED FOR A MINIMUM PERIOD OF ONE YEAR. D. CERTAIN KINDS OF BWC DATA MUST BE RETAINED FOR SIX YEARS: 1. DATA THAT DOCUMENTS THE USE OF DEADLY FORCE BY A PEACE OFFICER, OR FORCE OF A SUFFICIENT TYPE OR DEGREE TO REQUIRE A USE OF FORCE REPORT OR SUPERVISORY REVIEW. 2. DATA DOCUMENTING CIRCUMSTANCES THAT HAVE GIVEN RISE TO A FORMAL COMPLAINT AGAINST AN OFFICER. E. OTHER DATA HAVING EVIDENTIARY VALUE SHALL BE RETAINED FOR THE PERIOD SPECIFIED IN THE RECORDS RETENTION SCHEDULE. WHEN A PARTICULAR RECORDING IS SUBJECT TO MULTIPLE RETENTION PERIODS, IT SHALL BE MAINTAINED FOR THE LONGEST APPLICABLE PERIOD. F. SUBJECT TO PART F (BELOW), ALL OTHER BWC FOOTAGE THAT IS CLASSIFIED AS NON-EVIDENTIARY, BECOMES CLASSIFIED AS NON-EVIDENTIARY, OR IS NOT MAINTAINED FOR TRAINING SHALL BE DESTROYED AFTER 90 DAYS. G. UPON WRITTEN REQUEST BY A BWC DATA SUBJECT, THE AGENCY SHALL RETAIN A RECORDING PERTAINING TO THAT SUBJECT FOR AN ADDITIONAL TIME PERIOD REQUESTED BY THE SUBJECT OF UP TO 180 DAYS. THE AGENCY WILL NOTIFY THE REQUESTOR AT THE TIME OF THE REQUEST THAT THE DATA WILL THEN BE DESTROYED UNLESS A NEW WRITTEN REQUEST IS RECEIVED. H. OFFICERS OR SUPERVISORS THAT ARE INFORMED OF A REASON TO RECLASSIFY A RECORDING AND RETENTION PERIOD SHALL MAKE APPROPRIATE NOTIFICATION TO DO SO TO A SUPERVISOR OR SYSTEM ADMINISTRATOR (E.G. A FORMAL COMPLAINT RECEIVED) I. THE DEPARTMENT SHALL MAINTAIN AN INVENTORY OF BWC RECORDINGS HAVING EVIDENTIARY VALUE. J. THE DEPARTMENT WILL POST THIS POLICY, TOGETHER WITH A LINK TO ITS RECORDS RETENTION SCHEDULE, ON ITS WEBSITE. COMPLIANCE SUPERVISORS SHALL MONITOR FOR COMPLIANCE WITH THIS POLICY. THE UNAUTHORIZED ACCESS TO OR DISCLOSURE OF BWC DATA MAY CONSTITUTE MISCONDUCT AND SUBJECT INDIVIDUALS TO DISCIPLINARY ACTION AND CRIMINAL PENALTIES PURSUANT TO MINN. STAT. § 13.09.