HomeMy WebLinkAboutBody Worn Cameras - Huntington Beach Police Department - Sup6/1 /2015
Background
Digital Audio Records Issued Years Ago
In Car Video or Dash Cameras used by Thousands of
Agencies for Years
Body Worn Cameras (BWC)
First Models Developed in aoo6 in UK
US Law Enforcement Began Using BWC's in 20o9
Technology Developing Rapidly: Increasingly More
Practical and Affordable
COMMUNICATION
Meeting
1
Agenda item No- -,L !
6/1/2015
Reasons to Consider BWC
• Evolving Standard for
Policing
• Community Expectations
• Public Filming Partial
Encounters from Different
Perspectives
• Significantly Enhances
Evidence for Prosecutions
Reasons to Consider BWC
• Consistent Data form Multiple Agencies Found
• Dramatic reductions in use of force incidents
• Dramatic reductions in citizen complaints
• Decrease in assaults on officers
• Decrease in officer injuries
0
6/1 /2015
PD / Cambridge U
87.5 % reduction in citizen complaints.
59•o% reduction in use of force.
• This was attributed to the cameras, nothing else, because of
the random allocation procedure we used during the
experiment.
Complications
• Evidence Storage and Retention
• Discovery and PRA Issues
• Costs
• Privacy Issues: Victim, Witness, and Officer Concerns
• Policy Issues
3
6/1 /2015
HBPD Pilot Program
• Three Companies: Fifteen Cameras Total
• Five Cameras Each Company
• Differing Hardware, Software, and Storage
• go-18o Days Various Officers/Assignments
• Total Cost of Pilot $15,000
• Grant Funds
If Full Deployment???
• Start Up Hardware Costs
• 150 cameras and docking stations = $125,000
• Ongoing Annual Software and Storage Costs
• Unlimited data storage x 150 = $145,000
• Initial Hardware and One to Three Years of Storage
Covered in Grant Monies or Restricted Monies
• Ongoing costs eventually need to be budgeted
112
6/1/2015
Next Steps
• Gather Data and Complete the Pilot Program
• Internally Evaluate with Staff and HBPOA
• Report Back to City Council with Recommendations
5
BODY WORN CAMERA
HBPOA CONCERNS
StIlHiPS
The Huntington Beach Police Department has not conducted a designed feasibility study to objectively
and rationally determine strengths and weaknesses for the department for this proposed venture.
Feasibility studies normally precede technical development and implementation and also evaluates the
projects potential for success.
The details of the operations and management of the project have yet to be determined.
The true costs to include the growing recurring annual costs versus the value of this tool have yet to
be decided.
The projected budget is not known for full rollout of this project to include all equipment, data storage
for the ongoing accumulation of bytes of information each year and support staff.
The hiring of support staff anticipated to handle the court discovery, administrative tasks and related
duties for the downloaded product is not known.
Anaheim Police Department uses 30 cadets to handle their discovery issues.
Fullerton Police Department uses 2 people to handle their discovery issues.
The HBPOA estimates the initial costs will be 350,000-400,000 dollars a year including support staff of
2 to 3 full-time people.
Estimated annual overtime costs for each officer to review video prior to completing a crime report is
not known nor have those costs been projected.
Community Impact
The Chief may argue body cameras are the industry standard for Orange County. However,
only two Orange County agencies currently have a BWC program. (Anaheim & Fullerton)
Officer Impact
Given the Matrix report showing that officers have almost no proactive time, what will the impact of
additional administrative duties (officers reviewing video to write reports) have on this proactive
time?
Camera video will increase report writing time substantially. Every video will require the officer to
construct additional notes and download the event even if not a criminal matter.
If a criminal case, the time needed will be substantial to review the video prior to completing a crime
report.
With more officers having report writing duties, how will that affect staffing and calls for service?
Pilot Program
The HBPOA feels preliminary issues need to be addressed such as Brady and Constitutional
requirements, Privacy Rights and Freedom of Information requests, staffing requirements and a
budget prior to the implementation of any pilot program.
Internal
The Chief will argue a single internal affairs investigation costs $20,000 including staff time.
However, those are inherent salary costs for those employees.
We receive about 25 externally generated complaints per year which is extremely low compared to
other agencies based on the number of contacts we have each year. Even if we had no complaints the
city would still be paying the employee.
HBPOA Membership poll shows 90% of our officers feel this is not the right time for a BWC Program.
Staffing
The PD is currently at a staffing level matching what we had in 1987. Marked police cars and
plain cars are falling apart. Basic computer systems that don't work, not enough batteries for
our handheld police radios, yet the Chief wants to rollout a major program that he and staff
have no idea what impact it will have on the community, overall operations and department.
The research regarding how body cameras impact what a police officer will enforce is still in
its infancy. Research has shown that police officers become less willing to enforce quality of
life issues and are risk averse in their approach to law enforcement. A recent in depth study
showed officers switch to more traffic enforcement. If this is true, this will have a negative
effect on the community. Again, we need to consider the overall impact before blindly moving
forward with a politically motivated program.
Resolution
The HBPOA questions the planned pilot program now, with so much uncertainty, when we
can create a working group to learn from other agencies (LAPD, Anaheim, and Fullerton) and
determine what impact it may have on our department and the community. We can then
plan the needs for the department to withstand such a program and budget appropriately.
The HBPOA understands cameras will be coming in the future. Each community has its own
demographic. The POA membership feels this is not a 'need' at this time. Many other areas
of the police department are in need to make their assignments less time consuming. Let's
be smart and understand and forecast the budgetary requirements, the privacy issues of our
citizens and officers before implementing such a program.
I ♦ E;
To: Chief Handy, Senior Staff
From: Dave Humphreys - HBPOA
Date: May 6, 2015
Subject: HBPOA's Response to Chief Robert Handy's Request for Comments on a Proposed
Body Worn Camera Pilot Program
Chief, you recently requested the Huntington Beach Police Officers' Association
("HBPOA") to provide you with comments about a proposed pilot program for body worn
cameras ("BWC") for HBPD. The HBPOA has identified the following key issues regarding this
pilot program and the Board would request that these issues be appropriately addressed prior to
the implementation of any pilot program involving BWCs. Because of the legal and financial
implications behind some of these issues, we request that the City's response be supported by the
appropriate personnel from the City Attorney's Office, HBPD Command Staff and the City of
Huntington Beach.
PRELIMINARY ISSUES:
1) BRADY DISCOVERY AND CONSTITUTIONAL ISSUES: How will the program
be instituted to meet state and federal regulations regarding criminal discovery requests?
Specifically, the constitutional right to discovery of exculpatory evidence per Brady v.
Maryland (1963) and People v. Alvarez (2014) must be addressed. Additionally, any
BWC program should also be vetted by the OCDA to ensure it meets state and federal
requirements regarding evidence production and also the OCDA's e-discovery policy.
There are many legal ramifications behind video discovery and without addressing these
important items this could expose the City to civil and criminal litigation.
2) PRIVACY RIGHTS AND FREEDOM OF INFORMATION REQUESTS: How will
the program be instituted to meet the requirements of the California Public Records Act
and Federal Freedom of Information Act? Again, there are numerous legal implications
with these requests and a legal opinion letter from the City Attorney should be sought
prior to implementing any pilot program.
3) STAFFING REQUIREMENTS: What additional personnel (specifically trained for this
important task) will be retained or hired and trained to handle the increase in legal
discovery requests and information requests?
4) PRIVACY PROTOCOLS: How will the program be instituted to protect the public's
privacy concerns?
5) CITY PERSONNEL: Will other City of Huntington Beach departments/units, who
possess enforcement powers, be required to implement similar programs (Police
Management, Police Detention Officers, Police Parking Control, Fire, Marine Safety,
Code Enforcement)?
6) BUDGETING AND FINANCIAL CONCERNS: What are the non -recurring
(equipment/training) and recurring (staffing, storage, discovery) costs of the program?
Furthermore, there are other important issues that will need to be explored before
implementing any pilot program and the HBPOA will need the following information before
submitting any further comments:
Statistical data for the past five (5) years regarding:
1. Police complaints broken down by externally generated and internally generated;
2. Calls for service;
3. Officer involved shootings;
4. In -custody deaths.
We are also requesting copies of the Annual Police Report for the past five years.
The HBPOA believes these basic preliminary questions must be answered prior to the
implementation of any BWC pilot program. Because of the enormous legal repercussions with
these items, it would be imprudent to proceed. The possibility of leaving the City exposed to
both civil liability and possible criminal sanctions is problematic.
Lastly, you requested that the HBPOA comment on a proposed BWC policy and the
HBPOA believes that this proposed program and policy is extremely premature without first
addressing the above referenced and rather crucial issues. Nevertheless, HBPOA has attached to
this memo our preliminary responses to a BWC policy (Attachment "A").
Respectfully,
Dave Humphreys
President
Huntington Beach Police Officers Association