HomeMy WebLinkAbout2016 09-19 Maplewood police body cam rules would put state battle to the test PIONEER PRESS9/20/2016
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Maplewood police body cam rules put MN battle to test
Maplewood police body cam rules would
put state battle to the test
By ""IIF D Vll';II;' III II ;IIII't I tvezner@pioneerpress.com
PUBLISHED: September 19, 2016 at 7:30 am I UPDATED: September 19, 2016 at 12:03 pm
(AP IPhoto/Ohairliie INedbeirgall)
Maplewood has drafted a police body camera policy that will test one of the most contentious sticking points — on
cameras, at least — among state legislators this year.
The city's police chief, Paul Schnell, was one of the most frequent testifiers on body cameras at the Capitol this past
session. He argued strongly for law enforcement interests.
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Maplewood police body cam rules put MN battle to test
But the draft policy he created —which will the be the subject of a city council session later this month —accedes
a key point to police watchdog groups.
That point: whether or not police officers could watch body camera footage before writing their reports. That point
alone caused so much consternation at the Capitol that it nearly stopped a body camera bill this year.
Critics argued that allowing police a prior peek at video footage, rather than writing their impressions in the
moment, would ruin the evidentiary value of police reports in court. They also said the practice would create a
double standard against defendants who didn't get to review footage before making statements of their own.
The law enforcement lobby argued that increased accuracy in reports trumped other concerns.
The Bureau of Criminal Apprehension threw a wrench in the works at the last minute, testifying that they, too,
would prefer that officers involved in fatal shootings not watch camera footage before talking to them. The Bureau
typically investigates officer -involved fatalities.
Following that input, one of the bill's sponsors, State Rep. Tony Cornish, a R -Vernon Center, who worked in law
enforcement for more than four decades, said the testimony had created "bad blood" between him and the BCA,
which he referred to, disparagingly, as the "Bureau of Internal Investigation."
In the end, Gov. Mark Dayton intervened, saying he wouldn't sign any bill that mandated departments to allow
officers "prior review" of footage, as Cornish's did. The compromise: The state would allow departments to decide
on their own.
And Schnell did. His draft policy accedes to the BCA— and has in turn garnered the ire of his city's police union.
The policy requires officers involved in a "shooting, in -custody death, or other law enforcement activity resulting in
death or great body harm" to turn their camera over to a supervisor, who would then turn it over to an
"investigating authority" — like the BCA — before transferring the data.
The officer wouldn't be able to see footage of such incidents before making a statement or writing a report —
unless they get permission from their chief, or those charged with investigating them.
Similarly, Minneapolis' policy allows prior review "to ensure the accuracy of reports," except in the case of critical
incidents in which the video falls under the control of another investigating agency, such as the BCA. St. Paul police
is formulating its policy.
Schnell said he wrote the policy after consulting with defense attorneys and county prosecutors — who raised
concerns about "prior review."
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Maplewood police body cam rules put MN battle to test
Also, he said, "we knew our investigative agency would be the BCA."
Isaac Kaufman, general council for Law Enforcement Labor Services, the union that represents Maplewood's
roughly 50 officers and sergeants, said "the prior review issue is likely to be one of our biggest concerns," and
added he would attend the council meeting.
Kaufman referenced the current state law governing police discipline, and added, "I think it's fair to say the
philosophy behind that (law) is that police officers in particular should know what it is that they're being
questioned about, and shouldn't be taken by surprise," though he declined to give an example of how that would
happen with "prior review" taken away.
Kaufman said he wasn't aware of any other aspect of the policy the union would have a problem with.
Another instance where Maplewood's policy goes a step beyond state law is how it allows subjects — the people
who were filmed, aside from police — to get access to it.
Schnell noted that during the legislative session, some testifiers worried that people who'd had bad experiences
with police would be uncomfortable walking into a police station to ask for their footage.
So the Maplewood policy allows anyone with a notarized statement from the "subject" — including the media — to
make a recording of it and take it.
Still, the state law has many mandates local ordinances like Maplewood's can't trump.
In particular, all footage is private — and thus, inaccessible by the public without a subject's consent — unless an
officer in it causes someone substantial bodily harm or death. Subjects would be able to have copies made only
after active investigations are done, and after anyone in the video who doesn't want to be seen — other than a
police officer— gets an option to blur their image.
Schnell is slated to present his policy to the Maplewood City Council on Sept. 26, along with three speakers: the
American Civil Liberties Union, the NAACP and Minnesota Coalition on Government Information.
The presentation to council will be followed by a public input session from members of the community.
Maplewood plans to buy 60 cameras though a equipment and data -storage contract with TASER at a cost of
$130,000 the first year, and $97,000 annually after that.
Tags: Crime, Ramsey County
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