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054 of 2020 - Police Officer Body-worn Cameras1 SALT LAKE CITY ORDINANCE No. 54 of 2020 (An Ordinance Enacting Chapter 2.10.200 Regulating the Police Department’s Use of Body- Worn Cameras) WHEREAS, Salt Lake City Corporation is prioritizing policy and ordinance reforms so that the City will be as progressive and safe in its policing of all people within its jurisdiction as possible. WHEREAS, police body-worn camera recordings are important City records and it is in the public interest to assure that they are managed transparently and consistently. WHEREAS, body-worn cameras are fundamental, essential tools for the Salt Lake City Police Department to do its job protecting and serving the community. WHEREAS, body-worn camera recordings can be used to protect the rights of all parties — community members who interact with police officers, the police officers themselves, bystanders, and the City taxpayers. WHEREAS, the City Council recognizes that police officers face unpredictable circumstances and need to make immediate decisions. Body-worn camera recordings can establish the sequence of events and enhance the level of accountability for all parties. WHEREAS, Salt Lake City Corporation has made a significant investment in body-worn camera technology, based upon the important role the recordings serve. WHEREAS, the City Council has allocated the level of funding necessary for the police department to furnish each officer with a body-worn camera and has funded the necessary technology and electronic record storage capacity. WHEREAS, the City Council seeks to emphasize the importance of the use of this tool and considers it to be a mandatory component of policing. The Council seeks to avoid any O 20-1 O 20-19 2 circumstance where an officer’s interactions with the public are not recorded, and seeks to avoid any circumstance wherein not all officers at an incident are recording video. WHEREAS, under Utah law, a police officer must activate a body-worn camera prior to any law enforcement encounter, or as soon as reasonably possible. The City Council desires to emphasize this Utah law requirement and supplement it with policy direction. WHEREAS, based on these policy objectives with respect to body-worn cameras, the Council desires to enact the following regulations in order to create a safer city for all people in Salt Lake City and to ensure that the Salt Lake City Police Department is a trusted partner to all people. NOW, THEREFORE, be it ordained by the City Council of Salt Lake City, Utah: SECTION 1. Chapter 2.10.200 of the Salt Lake City Code shall be, and hereby is, enacted to read as follows. A. Definitions. 1. “Body-worn camera” means a video recording device that is carried by, or worn on the body of, a law enforcement officer and that is capable of recording the operations of the officer. "Body-worn camera" does not include a dashboard mounted camera or a camera intended to record clandestine investigation activities. 2. “Officer involved critical incident” means any of the items enumerated in Utah Code 76-2-408 and its successor provisions, and only for the purposes of this ordinance (and not for any purposes related to activating an officer involved critical incident protocol with outside agencies) will, at a minimum, include the following: a. an officer's use of deadly force; b. an officer's use of a dangerous weapon, which may include a police canine, against a person that causes injury to any person; c. death or serious bodily injury to any person, other than the officer, resulting from an officer’s: 3 (1) use of a motor vehicle while the officer is on duty; or (2) use of a government vehicle while the officer is off duty; d. the death of a person who is in custody, but excluding a death that is the result of disease, natural causes, or conditions that have been medically diagnosed prior to the person's death; or e. the death of or serious bodily injury to a person not in custody, other than an officer, resulting from an officer's attempt to prevent a person's escape from custody, to make an arrest, or otherwise to gain physical control of a person. B. Mandatory Use of Body-Worn Cameras. 1. With the exception of the members of the Salt Lake City Police Department who have positions or job duties that do not warrant wearing a body-worn camera, all officers shall wear a body-worn camera when on duty. Under Utah law an officer must activate a body-worn camera prior to any law enforcement encounter or as soon as reasonably possible. An officer shall not de-activate a body-worn camera or mute the sound recording without first stating, on the camera recording, the reason for deactivating the body-worn camera or muting the sound. An officer will not de-activate or mute a body- worn camera until the end of the law enforcement encounter and upon returning to the officer’s vehicle, unless the officer provides a reason on the camera recording for earlier de-activation or muting of the body-worn camera. 2. The police department will keep a record of all instances in which a body-worn camera is de-activated, the sound is muted, or when an officer fails to activate a body-worn camera prior to a law enforcement encounter, including the name of the officer and the reason for de-activation, muting, or failing to activate and such record will be provided to the Mayor and City Council on a quarterly basis. C. Internal City Review of Body-Worn Camera Protocol: Officer Involved Critical Incident 1. Within 24 hours after the occurrence of any officer involved critical incident, the Chief of Police shall notify the City Attorney, the Council Chair, the Mayor, and the Mayor’s Chief of Staff, of the facts of the officer involved critical incident. 2. Not more than five days after the officer involved critical incident, the Mayor, City Council Members and City Attorney will be provided links through secure file share to all unedited body-worn camera footage from all officers at the incident and any 911 calls related to the incident. 3. The Council may, at its discretion call for a closed session to be briefed on the facts and legal issues surrounding the officer involved critical incident. 4 4. For four years after the officer involved critical incident, the Police Department and the City Recorder will, within five business days of receipt of such a request, notify the City Attorney and Mayor’s Office, and City Council of any GRAMA request pertaining to body-worn camera footage of an officer involved critical incident 5. For four years after the officer involved critical incident, the City Attorney will, within five business days of receipt, notify the City Council and Mayor’s Office of any notice of claim received in connection with an officer involved critical incident. D. Public Review of Body-Worn Camera Protocol: Officer Involved Critical Incident 1. The public is presumed to have a strong interest in accessing body-worn camera recordings of officer involved critical incidents. For this reason, no later than ten business days after the officer involved critical incident, subject to section 3(b) and (c) herein, the unedited full-length body-worn camera recording will be classified as a public record, barring any unusual or unforeseen circumstances, which may include an inability to complete investigative interviews with key witnesses. 2. Once the record has been classified as public, the City will release any body-worn camera recordings of officer involved critical incidents involving Salt Lake City Police Department officers. The recordings may be subject to redaction or segregation of any private, controlled or protected images or sounds contained on the recordings. 3. Some images from a body-worn camera might be offensive or violate an individual’s privacy and should not be disclosed, unless requested by the family of the individual involved with the encounter with law enforcement officers. These offensive/violative images include, but are not limited to: images inside a private residence, medical and mental health care treatment and facilities, intimate images, images of minors, images showing the moment an individual deceases or the individual’s body the moment after deceasing, domestic violence or sexual assault victims or witnesses, and domestic violence or sexual assault facilities and shelters. Such images constitute an unwarranted invasion on personal privacy. If a video containing those images is requested, it will be disclosed only if the content is of legitimate interest to the public, and content containing the specific images that are presumed highly offensive will be redacted. 4. Before publicly releasing a body-worn camera recording of an officer-involved critical incident that results in the death of an individual, the Police Department will: a. Consult with an organization with expertise in trauma and grief on best practices for creating an opportunity for the victim or the decedent’s next of kin to view the body-worn camera recording in advance of its release; b. Notify the victim or the decedent’s next of kin of its impending release, including the date when it will be released; and 5 c. Offer the victim or the decedent’s next of kin the opportunity to view the body- worn camera recording in advance of its release, and if the next of kin wish to so view the body-worn camera recording, facilitate its viewing. 5. Body-worn camera footage will not be released to the public for any purpose other than to comply with this ordinance, unless pursuant to a valid GRAMA request, or for valid law enforcement purposes which must be approved by the Chief of Police. E. Audits. In order to ensure that members of the Salt Lake City Police Department are complying with state law, City Code, and Police Department policy, a qualified individual outside of the Salt Lake City Police Department designated by the Mayor shall randomly review at least five body-worn camera recordings at least once a month. Any findings of material non-compliance with state law, City Code and Police Department policy will be referred to the Chief of Police, the City Attorney, the Council Chair, the Mayor and the Mayor’s Chief of Staff. F. Officer Use of Body-Worn Camera Recordings. 1. Officers may not use personal recording cameras at any time while on duty. 2. Officers may not use recordings from body-worn cameras for personal use, and may not upload recordings from body-worn cameras onto public and social media websites. 3. Officers may not alter or edit any body-worn camera footage without express permission from either the Chief of Police or the City Attorney. SECTION 2. This ordinance shall become effective immediately upon publication. Passed by the City Council of Salt Lake City, Utah this 1st day of December, 2020. ____________________________________ Chris Wharton, Council Chair ATTEST: _________________________ Cindy Lou Trishman City Recorder Transmitted to Mayor on ____________________________. Mayor’s Action: _________ Approved. ____________ Vetoed. Chris Wharton (Dec 4, 2020 10:59 MST) Dec 7, 2020 4 Cindy Trishman (Dec 7, 2020 12:02 MST) 6 _______________________________________ Mayor Erin Mendenhall _________________________ CITY RECORDER (SEAL) Bill No. 54 of 2020. Published: __________________ APPROVED AS TO FORM Salt Lake City Attorney’s Office By: _________________________ Katherine Lewis, City Attorney Katherine Lewis (Dec 3, 2020 21:54 MST) Erin Mendenhall (Dec 7, 2020 09:38 MST) Cindy Trishman (Dec 7, 2020 12:02 MST) December 9, 2020 Ordinance 54 of 2020 - Approved 12/1/20 Final Audit Report 2020-12-07 Created:2020-12-03 By:DeeDee Robinson (deedee.robinson@slcgov.com) Status:Signed Transaction ID:CBJCHBCAABAAADjBkzNHv3XUkBASqka5v-KLSSnf1mZv "Ordinance 54 of 2020 - Approved 12/1/20" History Document created by DeeDee Robinson (deedee.robinson@slcgov.com) 2020-12-03 - 9:00:24 PM GMT- IP address: 204.124.13.151 Document emailed to Katherine Lewis (katherine.lewis@slcgov.com) for signature 2020-12-03 - 9:06:49 PM GMT Email viewed by Katherine Lewis (katherine.lewis@slcgov.com) 2020-12-04 - 4:53:08 AM GMT- IP address: 67.164.250.15 Document e-signed by Katherine Lewis (katherine.lewis@slcgov.com) Signature Date: 2020-12-04 - 4:54:44 AM GMT - Time Source: server- IP address: 67.164.250.15 Document emailed to Chris Wharton (chris.wharton@slcgov.com) for signature 2020-12-04 - 4:54:45 AM GMT Email viewed by Chris Wharton (chris.wharton@slcgov.com) 2020-12-04 - 5:59:35 PM GMT- IP address: 73.20.17.210 Document e-signed by Chris Wharton (chris.wharton@slcgov.com) Signature Date: 2020-12-04 - 5:59:45 PM GMT - Time Source: server- IP address: 73.20.17.210 Document emailed to Erin Mendenhall (erin.mendenhall@slcgov.com) for signature 2020-12-04 - 5:59:48 PM GMT Email viewed by Erin Mendenhall (erin.mendenhall@slcgov.com) 2020-12-07 - 4:38:31 PM GMT- IP address: 97.117.80.158 Document e-signed by Erin Mendenhall (erin.mendenhall@slcgov.com) Signature Date: 2020-12-07 - 4:38:48 PM GMT - Time Source: server- IP address: 97.117.80.158 Document emailed to Cindy Trishman (cindy.trishman@slcgov.com) for signature 2020-12-07 - 4:38:49 PM GMT Email viewed by Cindy Trishman (cindy.trishman@slcgov.com) 2020-12-07 - 6:52:50 PM GMT- IP address: 204.124.13.151 Document e-signed by Cindy Trishman (cindy.trishman@slcgov.com) Signature Date: 2020-12-07 - 7:02:03 PM GMT - Time Source: server- IP address: 204.124.13.151 Agreement completed. 2020-12-07 - 7:02:03 PM GMT