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HomeMy WebLinkAbout4294 OrdinanceORDINANCE NO. LJ,7—q AN ORDINANCE of the City of Pasco, Washington authorizing the use of Body -Worn Cameras for Law Enforcement Personnel. WHEREAS, the Washington legislature by Engrossed House Bill 2362 has authorized the use of body -worn video cameras in law enforcement and corrections agencies and provided specific regulations and exemptions for body -worn camera recordings as public records; and WHEREAS, the Washington legislature has strongly encouraged the legislative authority of each city and town to adopt an ordinance or resolution authorizing the use of body -worn cameras prior to their use by law enforcement officers; and WHEREAS, the City Council conducted a public hearing on the 6'" day of June, 2016, and solicited community involvement by notices posted on the City's website and as provided to the news media inviting input into the development of operational policies governing the use of body - worn cameras; and WHEREAS, as a result of such input and investigation by City staff, the City intends to implement a program within the Pasco Police Department that deploys and utilizes body-wom video cameras and intends this Ordinance to be evidence of such intent as well as setting forth the requirements for an operational policy regulating the deployment and use of such cameras and authorizing the adoption of policy regarding the use of such cameras; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. The City of Pasco, pursuant by Engrossed House Bill 2362, authorizes the deployment by the Pasco Police Department of body -worn video cameras and to implement an operational policy regarding the use of such cameras that includes those elements as required by Section 5 of Engrossed House Bill 2362. Section 2. The initial operational policy for the deployment of body -worn cameras, as attached as Exhibit No. 1, is approved subject to future administrative changes resulting from the change in the law, case law, operational and technical requirements, and best practices. For the purpose of this Ordinance, body -worn cameras are considered deployed upon approval of the operational policy, limited, periodic use, including on a trial or pilot basis. Section 3. This Ordinance shall take full force and effect five (5) days after its approval, passage, and publication as required by law. PASSED by the City Council of the City of Pasco, Washington, and approved as provided by law this � day of 12016. Matt Watkins, Mayor ST:APPROVED AS TO FORM: Debra L. Clark, ity Cler Leland B. Kerr, City Attorney EXHIBIT 1 Pasco Police Department Policy Manual Effective Date Policy Number 05/18/2016 41 Subject Body Worn Cameras Reference By Authority of, 41.3.9 Robert Metzger, Chief of Police Distribution Review/Revision Date No. Pages All Department Personnel 05/01/2017 4 I. PURPOSE This policy is intended to provide officers with instructions on when and how to use body -worn cameras (BWCs) so that officers may reliably record their contacts with the public in accordance with the law. II. POLICY It is the policy of this department that officers shall activate the BWC when such use is appropriate to the proper performance of his or her official duties, where the recordings are consistent with this policy and law. This policy does not govern the use of surreptitious recording devices used in undercover operations. III. PROCEDURES A. Administration This agency has adopted the use of the BWC to accomplish several objectives. The primary objectives are as follows: 1. BWCs allow for accurate documentation of police -public contacts, arrests, and critical incidents. They also serve to enhance the accuracy of officer reports and testimony in court. 2. Audio and video recordings also enhance this agency's ability to review probable cause for arrest, officer and suspect interaction, and evidence for investigative and prosecutorial purposes and to provide additional information for officer evaluation and training. 3. The BWC may also be useful in documenting crime and accident scenes or other events that include the confiscation and documentation of evidence or contraband. B. When and How to Use the BWC 1. Officers shall activate the BWC to record all contacts with citizens in the performance of official duties. Chapter - Body Worn Cameras Page 1 of 4 EXHIBIT 1 Pasco Police Department Policy Manual 2. Whenever possible, officers should inform individuals that they are being recorded. In locations where individuals have a reasonable expectation of privacy, such as a residence, they may decline to be recorded unless the recording is being made in pursuant to an arrest or search of the residence or the individuals. The BWC shall remain activated until the event is completed in order to ensure the integrity of the recording unless the contact moves into an area restricted by this policy (see items D.1-4). 3. If an officer fails to activate the BWC, fails to record the entire contact, or interrupts the recording, the officer shall document why a recording was not made, was interrupted, or was terminated. 4. Civilians shall not be allowed to review the recordings at the scene. C. Procedures for BWC Use 1. BWC equipment is issued primarily to uniformed personnel as authorized by this agency. Officers who are assigned BWC equipment must use the equipment unless otherwise authorized by supervisory personnel. 2. Police personnel shall use only BWCs issued by this department. The BWC equipment and all data, images, video, and metadata captured, recorded, or otherwise produced by the equipment is the sole property of the agency. 3. Police personnel who are assigned BWCs must complete an agency approved and/or provided training program to ensure proper use and operations. Additional training may be required at periodic intervals to ensure the continued effective use and operation of the equipment, proper calibration and performance, and to incorporate changes, updates, or other revisions in policy and equipment. 4. BWC equipment is the responsibility of individual officers and will be used with reasonable care to ensure proper functioning. Equipment malfunctions shall be brought to the attention of the officer's supervisor as soon as possible so that a replacement unit may be procured. 5. Officers shall inspect and test the BWC prior to each shift in order to verify proper functioning and shall notify their supervisor of any problems. 6. Officers shall not edit, alter, erase, duplicate, copy, share, or otherwise distribute in any manner BWC recordings without prior written authorization and approval of the chief executive officer (CEO) or his or her designee. 7. Officers are encouraged to inform their supervisor of any recordings that may be of value for training purposes. Chapter - Body Worn Cameras Page 2 of 4 EXHIBIT 1 Pasco Police Department Policy Manual 8. If an officer is suspected of wrongdoing or involved in an officer -involved shooting or other serious use of force, the department reserves the right to limit or restrict an officer from viewing the video file. 9. Requests for deletion of portions of the recordings (e.g., in the event of a personal recording) must be submitted in writing and approved by the chief executive officer or his or her designee in accordance with state record retention laws. All requests and final decisions shall be kept on file. 10. Officers shall note in incident, arrest, and related reports when recordings were made during the incident in question. However, BWC recordings are not a replacement for written reports. D. Restrictions on Using the BWC BWCs shall be used only in conjunction with official law enforcement duties. The BWC shall not generally be used to record: 1. Communications with other police personnel without the permission of the chief executive officer (CEO); 2. Encounters with undercover officers or confidential informants; 3. When on break or otherwise engaged in personal activities; or 4. In any location where individuals have a reasonable expectation of privacy, such as a restroom or locker room. E. Storage 1. All files' shall be securely downloaded periodically and no later than the end of each shift. Each file shall contain information related to the date, BWC identifier, and assigned officer. 2. All images and sounds recorded by the BWC are the exclusive property of this department. Accessing, copying, or releasing files for non -law enforcement purposes is strictly prohibited. 3. All access to BWC data (images, sounds, and metadata) must be specifically authorized by the CEO or his or her designee, and all access is to be audited to ensure that only authorized users are accessing the data for legitimate and authorized purposes. 1 For the purpose of this document, the term "file" refers to all sounds, images, and associated metadata. Chapter - Body Worn Cameras Page 3 of 4 EXHIBIT 1 Pasco Police Department Policy Manual 4. Files should be securely stored in accordance with state records retention laws and no longer than useful for purposes of training or for use in an investigation or prosecution. In capital punishment prosecutions, recordings shall be kept until the offender is no longer under control of a criminal justice agency. F. Supervisory Responsibilities 1. Supervisory personnel shall ensure that officers equipped with BWC devices utilize them in accordance with policy and procedures defined herein. 2. At least on a monthly basis, supervisors will randomly review BWC recordings to ensure that the equipment is operating properly and that officers are using the devices appropriately and in accordance with policy and to identify any areas in which additional training or guidance is required. Chapter - Body Wom Cameras Page 4 of 4