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RESOLUTION 2015-09

RESOLUTION NO. 2015-09
A RESOLUTION ADOPTING AN AMENDMENT TO
THE POLICY AND PROCEDURES MANUAL OF THE
JOHNSON POLICE DEPARTMENT
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF JOHNSON, ARKANSAS, that
Section 1: That the Policies and Procedures Manual of the Johnson Police
Department as adopted by Resolution 2009-2 is hereby amended as follows:
Section 69 is hereby amended by adding page 69.6 Body Worn Video Recording (BWV)
as attached hereto at Exhibit A.
Section 2: That the table of contents to the Policy and Procedures Manual ofthe
Johnson Police Department is hereby amended to add ''page 69.6 Body Worn Video Recording
(BWV)".
Section 3: That in all other respects the Policies and Procedures Manual of the
Johnson Police Department is hereby ratitied and contirmed.
PASSED AND APPROVED this 14thday of July 2015.
Mayor
ATTEST:
coj Amendment to Polic;. and Procedures Manual JPD
SECTION G'/. '-
BODY WORN VIDEO RECORDING (BWV)
PURPOSE: The purpose of this policy is to direct Officers and Supervisors in the proper use and
maintenance of Body Worn Video Recorders (BWV) as well as directing how video will be utilized as a
quality control mechanism and evidence.
POLICY: It is the policy of this department to provide officers as designated by the Chief of Police
with BWV devices as feasible. Officers shall activate the BWV 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 or in-carvideo
covered under separate policy.
DEFINITIONS;
Law Enforcement Contact: A law enforcement contact within the meaning of this policy is any
contact or activity whereby an Officer stops a person's movement by means intentionally applied or
conducts any activity requiring probable cause, reasonable suspicion, or consent to form the legal basis for
the conduct. A law enforcement contact or activity does not include mere conversation or other contact
outside the scope of a law enforcement purpose when such contact does not require any legal basis.
PROCEDURE:
A. Officers using BWV equipment shall be trained in its use, maintenance, and required
documentation and storage of such recordings.
B. Officers using BWV equipment will test such equipment at the beginning of each shift or
special event to ensure proper operation and required battery life. Improperly functioning
equipment shall be reported to the immediate supervisor and recorded on the officer's
daily report.
C. Officers assigned BWV are required to wear such devices unless otherwise directed by
the Chief of Police or other unforeseen circumstances prevent the wearing of the device.
BWV will be worn on the officer's body in a manner that will optimize the recording of
events.
D. BWV activation is limited to situations involving official police activities authorized by
law or court order, including consensual citizen encounters and investigation of law
violations. Officers are authorized to record events when the officer is a party to the
conversation, or when an individual is in custody and there is generally no expectation of
privacy. Officers will audibly and video-graphically record, as feasible, the following
events, including but not limited to:
I. Calls for service in which citizen contact is made;
2. Traffic stops;
3. Investigative stops;
4. All transports excluding ride-along
5. Foot pursuits;
6. Arrests, Searches, Seizures;
7. Consensual encounters;
8. Verbal Witness/ Suspect Statements;
9. Miranda Warnings I Arrestee Interviews;
10. When arriving at law enforcement events and lor citizen contacts initiated by other
Officers, and;
II. Other incidents the officer reasonably believes should be recorded for law
enforcement purposes.
E. Officers will make reasonable efforts to ensure the BWV is recording the event. Officers
are prohibited from turning off the BWV during any citizen contact or law enforcement
event unless otherwise authorized by this policy.
F. Recording shall continue until the law enforcement event or citizen contact is completed
and the citizen involved departs or the officer discontinues his or her participation in the
law enforcement event or citizen contact by leaving the scene.
G. In the event an officer deems it necessary to stop recording or becomes aware that a
recordable event was not recorded, the officer will document such event.
ISSUES RELATED TO PRlV ACY:
A. BWV should not be activated when:
I. The officer is on break.
2. Engaged in personal activities.
3. Involved with citizen encounters outside the scope of a law enforcement contact or
purpose.
4. When an officer is in a location under circumstances requiring a respect for an
expectation of privacy. IE. Such as;
Restroom, locker room, or other area when people are in an exposed or
otherwise compromised state.
However, should exigent circumstances develop where the need to record an event
outweighs any privacy concern, the officer will activate the BWV where feasible to do
so.
B. BWV will not be activated when encountering undercover officers or confidential
informants and such encounters should not be recorded.
C. When entering a residence that requires the consent of the resident. Officers will inform
the resident that he or she is wearing an activated recording device and request permission
to continue recording the encounter. If the resident wishes not to be recorded in the
interior of their home, Officer will document that desire via the BWY and tum otT the
device for the remainder of the contact. However, should exigent circumstances develop
where the need to record the event outweighs any privacy concern, the officer will
reactivate the device where feasible to do so irrespective of the residents desire.
D. When legally entering a residence without consent of the resident, such as serving a
warrant or exigent circumstances, or undercover operations, recordings will be made of
the incident until its conclusion.
E. The BWV will not be activated during personal or administrative conversations between
officers, or between officers and supervisors.
ELECTRONIC STORAGE:
A. Original digital files from the BWV will be downloaded and stored on a designated
network server or other electronic network storage.
B. Officers will make sure the BWV downloaded to the server at the end of each shift.
C. Non-evidentiary BWV recordings will be maintained in electronic storage for 90 days.
D. BWV recordings determined to be evidentiary in any criminal or civil proceeding
shall be copied to DVD and handled in accordance with departmental regulations
regarding electronic evidence. Recordings will be maintained in accordance with
Arkansas law related to police municipal records as outlined in ACA 14-2-204.
Recordings known to pertain to civil matters will be maintained for a minimum of three
years or until such a time as the civil matter is resolved and all time for appeal has
exhausted.
E. This agency will maintain a duplicate electronic file of recordings submitted to other
agencies for court or other purposes.
F. All recording media, recorded images and audio recordings are the property of this
agency. Dissemination outside the agency for reasons other than criminal prosecution is
strictly prohibited without specific authorization of the Chief of Police.
G. Malicious destruction or deletion of BWV recording are prohibited.
H. All video and audio files are subject to open records request as allowed by Arkansas law.
I. Electronic media will be stored in a manner designated by the agency.
J. If a recording is used in a disciplinary action resulting in suspension or termination
against an employee, the recording shall be copied to a DVD and place in the person 's
personnel file for a minimum of three (3) years from the completion of the disciplinary
action.
K. BWV recording are subject to review by the Chief of Police or their designees.
L. Video shall not reproduced without the express authority of the Chief of Police or their
designee.
M. First line supervisors or a designee should review a random sample of BWV recordings
monthly for each officer supervised for policy, training and legal compliance. After
review, the supervisor will document the review and any supervisory actions taken.
Supervisors should meet with individual Officers to provide guidance, training and
correction when required. Supervisors will initiate formal counseling or internal affairs
procedures; as the need arises. When corrective action is taken, a special review may be
implemented for the particular otlicer for a set duration of time in order to ensure
compliance with the corrective action.
N. Civilians shall not be allowed to review BWV recordings except as approved by the Chief
of Police or their designee, through the process of evidentiary discovery and /or F.O.I.A
request.