2023-05RESOLUTION NO. 2023-5
COUNCIL MEMBER WOLFF INTRODUCED THE FOLLOWING RESOLUTION:
WHEREAS, the Mayor and City Council were previously presented with the Blair Police
Policies and Procedures;
WHEREAS, the Blair Police Department Policies and Procedures should be updated to
conform with existing case law, legislation, and changes within the department, and shall be
approved by the Mayor and City Council.
WHEREAS, said Amended Blair Policy and Procedure for In -Car & Body Worn Video
Recorders are on file with the City Clerk and are acceptable to the City of Blair.
NOW, THEREFORE, BE IT RESOLVED that the Blair Police Department Policy and
Procedure for In -Car & Body Worn Video Recorders, are hereby adopted and approved by the
municipality and the Mayor and City Cleric of the City of Blair are hereby authorized and directed
to execute the same on behalf of the municipality.
COUNCIL MEMBER WOLFF MOVED THAT THE RESOLUTION BE ADOPTED AS READ,
WHICH SAID MOTION WAS SECONDED BY COUNCIL MEMBER WILLIS. UPON ROLL
CALL, COUNCIL MEMBERS FERRARI, HAFER, HIGHFILL, PAULSEN, SANDVOLD,
SCHANK, WOLFF AND WILLIS VOTING "AYE" AND COUNCIL MEMBERS NONE
VOTING `NAY", THE MAYOR DECLARED THE FOREGOING RESOLUTION PASSED
AND APPROVED THIS 28TH DAY OF FEBRUARY, 2023.
CITY OF BLAIR, NEBRASKA
BY:
LINDA K. R AYOR
CITY CLERK
STATE OF NEBRASKA )
) ss:
WASHINGTON COUNTY )
BRENDA WHEELER, hereby certifies that she is the duly appointed, qualified and acting City
Clerk of the City of Blair, Nebraska, and that the above and foregoing Resolution was passed and
adopted at a regular meeting of the Mayor and City Council of said City, held on the 28th day of
February, 2023.
t
BRENDA WHEELER, CITY CLERK
BLAIR POLICE DEPARTMENT
o POLICIES AND PROCEDURES
Number: 514
Subject: In -Car & Body Worn Video Recorders
s "R_: Issued By: Joseph Lager, Chief of Police
Effective Date: June 1, 2007
Revised Date: November 2021
Policy:
The Blair Police Department uses in -car and Body -Worn video cameras for the
purpose of documenting evidence and recording events as they transpire
between Blair Police Officers and the public. This policy is intended to provide
officers with instructions on when and how to use in -car and body -worn cameras
(BWCs) so that officers may reliably record their contacts with the public in
accordance with the law. This policy does not govern the use of surreptitious
recording devices used in undercover operations.
Procedure:
1. Installation and Maintenance
a The only audio/video recording equipment authorized for use in Blair
Police Vehicles is that provided by the department.
b The installation and maintenance of in -car recording equipment shall be
coordinated by the department with the approval of the Chief of Police.
2. Officer Responsibilities
a Proper care and maintenance of the in -car audio/video recording
equipment shall be in compliance with the manufacturer's
recommendations and shall be the responsibility of the officer using the
equipment.
b Officers will inspect the in -car audio/video recording equipment at the
beginning of each shift to ensure its proper function. Any malfunction will
be reported to the shift supervisor.
c The in -car audio/video recorder will be activated during every officer
initiated contact and call for service. It is recommended that such
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activation take place as soon as practicable in order to document as much
of the event as possible.
d Officers are encouraged to verbally narrate the recording, if possible, to
enhance the recording's effectiveness.
3. Body -Worn Camera Guidelines
a Patrol officers who are equipped with BWC shall insure that their BWC is
paired or synced with the in -car camera system in accordance with the
manufacturer's instructions.
b Officers who are equipped with BWC shall activate the recorder during all
contacts with citizens in the performance of official duties.
c Whenever possible, officers should inform individuals that they are being
recorded.
i) In locations where individuals have a reasonable expectation of
privacy, such as a residence or hospital, 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.
ii) 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. (Refer to Restrictions on Using the
BWC)
d 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.
e Civilians shall not be allowed to review the recordings at the scene.
4. Procedures for BWC Use
a BWC equipment is issued primarily to uniformed personnel as authorized
by the department. Officers who are assigned BWC equipment must use
the equipment unless otherwise authorized by supervisory personnel.
i) BWC equipment is not intended as a substitute for the department's
in -car camera systems.
b Police personnel shall use only BWCs issued by this department. The
BWC equipment and all data, images, video, and metadata captured,
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recorded, or otherwise produced by the equipment is the sole property of
the department.
c Police personnel who are assigned BWCs must complete an agency
approved and/or provided training program to ensure proper use and
operations prior to deploying the BWC in the field. Said training will
consist of:
i) Department policy regarding activation as specified herein;
ii) Pre -shift inspections of the BWC;
iii) Proper wear of the BWC; and,
iv) Proper categorization and retention procedures as specified herein.
d 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.
e BWC equipment is the responsibility of individual officers and will be used
with reasonable care to ensure proper functioning.
i) 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.
f 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.
g 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 of Police or his or her designee.
h Officers are encouraged to inform their supervisor of any recordings that
may be of value for training purposes.
i 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.
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.
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i) All requests and final decisions shall be kept on file.
k Officers shall note in incident, arrest, and related reports when recordings
were made during the incident in question.
5. Restrictions
a In -Car and BWC's shall be used only in conjunction with official law
enforcement duties. They shall not generally be used to record:
i) Communications with other police personnel without the permission of
the Chief of Police;
ii) Encounters with undercover officers or confidential informants;
iii) When on break or otherwise engaged in personal activities; or,
iv) In any location where individuals have a reasonable expectation of
privacy, such as a restroom or locker room.
6. Electronically Stored Recording Control Procedures
a Some department vehicles are equipped with audio/video recorders which
automatically upload recordings to a server by means of a wireless
connection.
i) After the recording is created, the recording officer will have the option
of labeling the recording as a predetermined Event Category.
ii) Recordings shall be retained for specific periods of time based upon
the event categories.
(1) REFER TO THE RETENTION SCHEDULE AT THE END OF THIS
POLICY AND PROCEDURE.
b At the completion of the retention period, recordings shall either be
purged from the system or transferred to a specified archive folder.
c Officers are encouraged to label recordings with the corresponding BPD
Incident Number, if appropriate.
d Officers will only be able to view the recordings they have made.
e Supervisors will have administrative rights to view and copy all recordings
on the server.
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7. Body -Worn Electronically Stored Recording Control Procedures
a All files shall be securely downloaded periodically and no later than the
end of each shift.
b Each file shall contain information related to the date, BWC identifier, and
assigned officer.
i) Officers can edit the information on the recordings at the time of
upload.
8. Duplication and Storage of Recordings
a All images and sounds recorded by In -Car or Body -Worn video cameras
are the exclusive property of the Blair Police Department. Accessing,
copying, or releasing files for non -law enforcement purposes is strictly
prohibited.
b All access to audio/video data (images, sounds, and metadata) must be
specifically authorized by the Chief of Police 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.
c Files should be securely stored in accordance with Nebraska state records
retention laws and no longer than useful for purposes of training or for
use in an investigation or prosecution.
d In capital punishment prosecutions, recordings shall be kept until the
offender is no longer under control of a criminal justice agency.
e Recordings shall only be duplicated or viewed by persons outside the
department with the expressed permission of the Chief of Police or his
designee.
f Duplicates of recordings may be provided to other law enforcement
agencies.
9. Supervisory Review of In -Car & Body Worn Camera Video Recordings
a Sworn supervisors are encouraged to review video recordings at random
to assess officer performance.
i) Should any misconduct or violation of policy on the part of an officer
be discovered, it shall be dealt with in the same manner as a citizen
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complaint or inquiry (Refer to BPD Policy & Procedure #602 Personnel
Investigations).
ii) Positive and negative results of the inspections should be documented
and used as part of the employee evaluation process.
b Reviews are required under the following circumstances:
i) Personnel Complaint investigations;
ii) Use of Force Incident reviews;
iii) Motor Vehicle Pursuit reviews;
iv) Foot Pursuit reviews;
v) Critical Incident reviews; and,
vi) any other newly discovered or ongoing training or performance -related
issue.
10.The Captain is responsible for an annual evaluation of the In -Car & Body
Worn Camera program to ensure efficient operation and compliance with all
applicable laws, policies, and best practices.
Retention Schedule
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