8633.00 Body Worn Camera Systems.pdf

0280 APOPKA POLICE DEPARTMENT PROCEDURAL GENERAL ORDERS Effective Date 11/01/22 Number 8633.00 ❑ New ❑ Rescinds Amends Subject BODY WORN CAMERA SYSTEMS Reference FSS 119.071(2)(l) GS1, GS2 01-01-18 Reviewer/Approved by McKinley Gerardi Reevaluation As Necessary Application All Employees Related Form...

0280 APOPKA POLICE DEPARTMENT PROCEDURAL GENERAL ORDERS Effective Date 11/01/22 Number 8633.00 ❑ New ❑ Rescinds Amends Subject BODY WORN CAMERA SYSTEMS Reference FSS 119.071(2)(l) GS1, GS2 01-01-18 Reviewer/Approved by McKinley Gerardi Reevaluation As Necessary Application All Employees Related Forms / Bulletins PURPOSE: This purpose of this policy is to provide guidelines for officers using body worn camera (BWC) equipment, so that officers may reliably record their contacts with the public in accordance with the law while balancing privacy interests and enhancing public trust by:  Being transparent in our law enforcement services;  Preserving evidence of employee interactions with the public;  Capturing and preserving evidence for court;  Assisting employees with recalling facts or other details captured by the BWC, that will help them accurately articulate the chain of events when writing reports; and  Serving as a training tool to assess officer safety, best practices, and our interpersonal actions with the public. This directive also outlines the policy and procedures regarding the storage and security of video/audio recordings, along with their retention. DISCUSSION: The Apopka Police Department utilizes BWC video/audio recording system(s) to document events such as: contacts with citizens during public contacts, calls for service, traffic stops, critical incidents, accident scenes, criminal investigations, and other law enforcement events for the purpose BODY WORN CAMERA SYSTEMS Page 1 of 20 of gathering recorded evidence to assist in the enforcement of criminal and civil laws. The system serves to enhance the accuracy of officer reports and testimony in court as well as provide transparency to the public related to law enforcement functions. Mobile video recording systems are not a substitute for a member’s reasonable beliefs and perceptions, and cannot account for a member’s physiological responses during certain incidents, such as visual tunneling and auditory occlusion. Mobile video recording systems should not be viewed as the only measure of truth because they may show more or less than what the member sees/hears/observes. Mobile video recording systems, however, have an important but limited use as one of many policing tools. DEFINITIONS: Body Worn Camera (BWC) – A recording system that captures audio and video that is individually worn by assigned members and includes, at a minimum, a camera and audio recorder, that is designed to record events for secure storage, retrieval and analysis. Evidence Transfer Station – A docking station used to upload previously recorded audio and video (stored media) from the BWC, recharge and provide manufacture updates to the equipment. In-car Camera – A mobile recording device installed in a police vehicle. Livestreaming – The activation of a live video stream from an officers’ BWC. This feature is only available while an officer’s BWC is ACTIVELY recording. Mobile Video Recording System – A device that includes a camera and a recorder that allows members to audio/video record live incidents of law enforcement encounters. Mobile Video System Administrator (MVSA) – Department member with administrator rights, responsible for the coordination of body worn camera systems. This member acts as liaison with IT and equipment vendor representatives. For the purposes of public records requests and redaction, the MVSA reports to the Chief, or his designee. POLICY / PROCEDURE: I. It is the policy of the Apopka Police Department that officers/employees who are issued a BWC shall activate the camera when such use is appropriate to the proper performance of their BODY WORN CAMERA SYSTEMS Page 2 of 20 official duties and when the recordings are consistent with this policy and the law. This policy does not govern the use of surreptitious recording devices used in undercover operations. The use of the BWC systems for activities other than those in the performance of the member's official duties is prohibited. Only BWC systems authorized by the Chief of Police may be used. II. Body Worn Camera Procedures A. General BWC Equipment Procedures 1. Member Responsibility a. Inspection and general maintenance of the BWC shall be the responsibility of the assigned member. The equipment shall be operated in accordance with the manufacturer’s recommended guidelines and in compliance with agency training. b. Prior to the beginning of each shift, the assigned member shall perform an inspection to ensure that the BWC is functional and fully charged. The camera features an LCD screen to indicate the operating mode and battery capacity. The BWC will emit audio prompts or beeps notifying the member of the system status, some of which may require the member’s immediate attention. The battery status can be located on the BWC by checking the LCD screen on the top of the camera. Members are responsible for monitoring battery power status to ensure their BWC has sufficient battery charge for the duration of their shift, as well as any extra duty work scheduled outside their tour of duty. c. It is the responsibility of every member to ensure their issued BWC is operating with the most recent firmware updates from the manufacturer. Officers are required to leave their BWC docked in a docking station that is connected to the internet for a minimum of three consecutive hours once per month OR connect their BWC to the digital evidence management software and manually update the firmware once per month. BODY WORN CAMERA SYSTEMS Page 3 of 20 d. Members shall also ensure that upon activation of their BWC, the BWC is positioned in a forward-facing direction and attached to the members’ chest, or waist. Some mounting options may not be reasonable for attachment to duty belts. It is the members responsibility to ensure where they choose to mount it does not damage the issued hardware. 2. Deployment Criteria a. BWCs will only be used by employees after they have received agency approved training. b. BWCs shall be worn in such a way that the camera’s view is unobstructed. The BWC will be worn in accordance with the manufacturer’s recommendation and agency approved training. Note: The BWC may record at a level beyond human ocular capability. c. Members shall only use mounts approved by the Apopka Police Department in accordance with the manufacture’s recommendations. d. All members assigned a BWC who are in uniform and engaged in law enforcement-related activity, to include overtime details or extra-duty are required to wear and utilize the BWC. e. All members assigned to the uniform patrol division, through the rank of watch commander, will be assigned a BWC. f. All members of the general and strategic investigations units will be assigned a BWC. g. All code enforcement officers will be assigned a BWC. h. Non-uniformed officers wearing a tactical vest/external body armor shall also wear their issued BWC’s. i. All members assigned to the Central Florida Metro SWAT Team shall wear their assigned BWC during all SWAT deployments. 3. Activation Criteria a. Members are required to keep their BWC in buffering mode during the entirety of their shift. This allows the buffering feature to work and capture critical pre-activation video when the camera is activated. Buffering BODY WORN CAMERA SYSTEMS Page 4 of 20 occurs in the first 30 seconds prior to activation. During the buffering mode, only video is recording, not audio. b. When dispatched to a call for service, members shall activate the BWC prior to arrival on a scene. If responding in emergency mode, members shall activate the BWC upon activation of the vehicle’s emergency equipment. c. Members shall activate their BWC when transporting any civilian or arrestee in an agency vehicle to any location. The BWC will be activated when the transport begins and deactivated upon termination of the interaction with the civilian or arrestee. The beginning and ending mileage will be transmitted to communications. (Exceptions to this are family members, other agency personnel or civilians approved to ride in agency vehicles.) d. This policy is not intended to describe every possible situation in which the BWC system may be used. Members are required to activate their BWC when arriving on scene or self-initiating law enforcement-related encounters and activities, during all citizen interactions, and when working an off-duty assignment in uniform or tactical vest/external body armor, regardless of being the primary or secondary unit. The BWC will be activated by all officers involved in, but not limited to: 1) traffic stops and DUI investigations 2) vehicle or foot pursuits 3) while driving in emergency mode: lights and sirens activated 4) physical or verbal confrontations 5) domestic violence calls 6) detentions/arrests 7) searches (building, vehicle or person) 8) response to resistance situations 9) suspicious vehicle/person calls 10) BODY WORN CAMERA SYSTEMS consensual encounters with suspicious person(s)/vehicle(s) Page 5 of 20 11) crimes in progress 12) Miranda rights advisement, interviews and interrogations (unless the incident is recorded by another means) 13) interviewing or taking a statement from a suspect or witness 14) when serving a search warrant 15) any other law enforcement activity or incident which the officer, through training and experience, feels should be audibly and/or visually preserved 16) e. when directed by a supervisor to active their BWC Members may inform subjects when they are being recorded, if they believe it would help defuse a situation. The subject’s consent is not required to continue the recording. f. Members have discretion whether to record informal non-law enforcement related interactions with the public. (Consensual, non-law enforcement related conversations may be exempted from recording.) The BWC will be activated if an involved party or bystander becomes a suspect or confrontational. BWC systems shall be used to record contacts with citizens when there is a potential for dealing with a suspect involved in a criminal incident. In all situations, tactical and officer safety considerations are always paramount. g. Once the BWC is activated to record, the member will continue recording until the event has concluded in its entirety, unless an exception contained within this order is identified. If the BWC is deactivated, the officer should record the reason for the deactivation prior to deactivating the BWC. h. Code enforcement officers will activate the BWC during any code enforcement investigation activity whether or not there is interaction with a particular property owner or witness. Exceptions may be the interview of property owners or witnesses within the recorded areas of the PD BODY WORN CAMERA SYSTEMS Page 6 of 20 headquarters, during discussions with supervisors, or during legal proceedings. i. The body worn camera features several auto-activation features. These include, but are not limited to, activation or deployment of the conducted energy weapon (CEW, or Taser), drawing a firearm from a duty holster, and activation of an in-car camera system or associated in car trigger systems. Auto-activation is a convenience feature for officers, and is not intended to be a replacement for manual activation. It is ultimately each officer’s responsibility to ensure their issued BWC is activated in accordance with this policy. j. Members engaged in an incident who realize they failed to activate their BWC at the onset shall activate the camera as soon as practical. If a member fails to activate their BWC during a required situation or part of a situation, or interrupts or terminates the recording, they shall notify their supervisor as soon as reasonably possible and shall document the reason to their supervisor and MVSA via email. The supervisor should retain the email to identify any problems. In cases where an official written report of the incident is required, the member shall document in the report the reason they failed to activate the BWC. k. The use (or failure of the use) of the BWC will be documented in the narrative of all reports. 4. Deactivation Criteria a. The BWC may only be deactivated once the interaction or incident is completed, or when the officer can articulate a valid reason to stop recording. b. If the BWC is deactivated at any point during an incident, the member will verbally state the reason for the deactivation while the BWC is still recording. c. The following circumstances may be considered in the decision to terminate a recording: BODY WORN CAMERA SYSTEMS Page 7 of 20 1) Interviewing victims of sex crimes, witnesses and others who refuse to talk unless the camera is turned off or there is another camera capturing the interview. 2) Tactical planning, intelligence gathering or strategy discussions. 3) When recording times would be extended by post-action nonlaw enforcement contacts (traffic control, road hazards, etc.) 4) When used in an event that has an extended non-citizen contact, i.e. perimeter and/or standing by on a prolonged event. (i.e. within a hospital at a medical clearance, the officer will use discretion on whether to operate or not operate the BWC.) 5) d. When having discussions with the agency attorney. When members are interacting with victims, witnesses and others from the community who request not to be recorded, members shall: 1) Balance the value of obtaining a recording with the reluctance of a victim, witness or others from the community to provide information while being recorded. 5. 2) Use discretion in making the decision. 3) Not turn off the BWC, if the suspect of a crime is present. Prohibitions: a. Unless conducting authorized official law enforcement business, the BWC operator is prohibited from using the system to: 1) Record personal activities. 2) Record conversations with fellow agency personnel without their knowledge during routine non-enforcement activities unless recording is required by a court order or is authorized as part of an administrative or criminal investigation. 3) Record in places where there is a commonly held expectation of privacy, such as locker rooms, dressing rooms or restrooms, unless being used as part of an official law enforcement incident. BODY WORN CAMERA SYSTEMS Page 8 of 20 4) Take a statement in lieu of a sworn written statement, unless approved by a supervisor or exigent circumstances exist. 5) Record meetings with undercover officers or confidential informants. 6) Lead a person to believe the BWC has been deactivated when in fact the BWC was intentionally left active (unless during an active investigation). 7) Make, duplicate or distribute recordings for other than official law enforcement purposes. 8) Allow citizens to review recordings (other than for official law enforcement purposes and with a supervisor’s approval). 9) Access recordings for other than case-related purposes, responses to resistance, formal or informal complaints, legal review, pursuant to established policy or as directed by the Chief of Police or his designee. 10) Make, create, or broadcast by separate device or otherwise, a copy of any recording except as directed by this policy. 11) Post any department video to an external site without approval by the Chief of Police, or his designee. 12) Record a telephone conversation, unless consent is first obtained or the recording is permitted as part of a criminal investigation. b. c. Members shall not modify or tamper with the BWC Members shall not alter or delete captured data. d. Members shall not use non-agency or personally owned devices to record or upload video from BWC’s. Employees may use non-agency equipment to view, tag, or display BWC video to further operational or investigative efforts. e. The recording of strip searches is prohibited. BODY WORN CAMERA SYSTEMS Page 9 of 20 f. Members should refrain from unnecessary comments or opinions related to the investigation and members are reminded that the microphones used with the recording systems are very sensitive and capable of recording sounds which are thought to be inaudible. Members will avoid on camera activities which would be detrimental to the investigation or the image of the department or any other law enforcement agency. g. Members shall not power off the device during their shift in order to circumvent the thirty (30) second pre-record feature. Exceptions to this would be when entering the restroom or in areas where there is a reasonable expectation of privacy. h. Unless conducting official law enforcement duties, members shall not record patients during medical or psychological evaluations by a clinician or similar professional, or during treatment. Members shall be aware of patients’ rights to privacy when in hospital settings. When recording inside of a hospital and other medical facilities, members shall be careful to avoid recording persons other than the individual of interest. If the event is likely to escalate into violence, or is not a controlled environment, the event should be recorded in its entirety. i. Members shall not use a BWC that is not assigned to them. Only authorized supervisors or the MVSA can assign a BWC to a member. 6. Uploading Procedures a. Members shall dock and upload their camera at the conclusion of their shift and prior to the beginning of their scheduled days off. Members are encouraged to dock their BWC while at an APD facility that is equipped with a docking station. Members may also utilize the single docking station and BWC’s internal cell card for uploading BWC video. b. Members shall upload their assigned BWC prior to the device reaching maximum storage capacity. BODY WORN CAMERA SYSTEMS Page 10 of 20 c. The only exception to downloading the recorded information at the end of shift would be when the member works past their assigned tour due to a perimeter, late call or transport to the jail, etc. d. At no time will it be acceptable for a member to fail to download recorded information prior to their regularly scheduled days off or when the recorded information contains video of evidentiary value. 7. Supervisor Responsibilities a. Supervisors will: 1) Ensure officers comply with all BWC related training and policies, to include uploading BWC recordings per policy. 2) Conduct periodic audits and review video of their subordinate officers to ensure consistency with uploading recordings, file descriptions and retention categories. It is the responsibility of the supervisor to provide any follow-up actions discovered from the review. 3) Review video footage when requested by an officer to document exemplary performance, heroic actions, or other praiseworthy service for appropriate recognition and commendation. 4) Review all major incidents, all cases where there is a response to resistance, pursuit, injury to officer, injury to prisoner, citizen complaint, or any other circumstance where the recording may clarify events. 5) Periodically review subordinate’s arrests. 6) Conduct monthly, random inspections of their assigned officers, BWC equipment to confirm that it is in proper working order and all officers are complying with the mobile video recording systems policy and procedures. 7) Investigate circumstances where an officer improperly terminates a recording. A memorandum will be submitted to the officer’s Division Captain detailing the findings. The Captain will BODY WORN CAMERA SYSTEMS Page 11 of 20 determine if the action was intentional or avoidable, and will direct any further action. 8) Review recordings of all officers involved in the following incidents: a) Injury to a member(s) b) Injury to a prisoner c) Response to resistance d) When any member of the Department intentionally or unintentionally discharges a firearm e) Vehicle pursuits f) Vehicle crashes involving LEOs g) Citizen complaints h) Documented internal complaints i) As directed by the Chief of Police, Deputy Chief of Police, IA Investigator, or the Police Legal Advisor’s Office. b. In cases where the immediate retrieval of recordings is required, supervisors will ensure the data is transferred, categorized, and marked for retention. The item may then be transferred to DVD if necessary. c. Supervisors are not limited to the scope or reason of their review for officers they are responsible for. Examples of their review may include the following: III. 1) Training 2) Critique 3) Early Intervention inquiries 4) Civil claims 5) Administrative inquiries 6) Addressing behavioral or performance deficiencies Review of Recordings, Categorization and Documentation A. Review of Recordings BODY WORN CAMERA SYSTEMS Page 12 of 20 1. The department encourages all members to review their recorded BWC videos, in accordance with Florida State Statute 943.1718(2)(d), to ensure accuracy and consistency of report documentation and when providing a statement regarding any event arising within the scope of their duties. This includes the review of any video by the officer when the officer is the subject of a complaint, an Internal Affairs investigation, or post officer involved shooting. 2. Reviewing BWC footage recorded by another officer that was not assisting with a mutual investigation shall be done for official purposes only and shall not be viewed for any other purpose. When officers view recordings captured by other officers, the officer viewing the video shall provide an explanation in the “Notes” section of that recording. That explanation will further document the official purpose of the review. Generalized statements, such as “training” or “safety” will not be considered sufficient, with the exception of the Internal Affairs, or Crime Center sections. Failure to comply with this section may result in disciplinary action. 3. Notwithstanding anything in this policy, officers shall be allowed to view all evidence, including body camera videos, prior to any investigative interview of that officer as required by the Officer’s Bill of Rights. 4. Recordings may be accessed immediately, via the BWC screen, or after download into the storage system. B. Categorization of Recordings 1. When dispatched by CAD, certain members may be assisted by auto-tagging which allows for recorded videos to be automatically tagged with metadata. However, this is a convenience feature and may not be relied upon solely for correct tagging information of collected evidence. Auto-tagging is not available to assist members in specialized units who do not rely upon CAD for their location/activities. For any corrections made or information manually entered, case numbers shall be added in the same format as listed in CAD, e.g. 202241000001, and categories shall be entered based upon the appropriate retention schedule. BODY WORN CAMERA SYSTEMS Page 13 of 20 2. At the end of each shift, members shall verify that all evidence collected via the BWC is correctly labeled with the case number and category. 3. When a member becomes aware that any additional retention category is applicable to a mobile recording system file, it shall be manually added to the file by the end of their shift. Such additional retention categories shall include, but are not limited to response to resistance, officer injury, homicide, OIS, or public records request. 4. Members will categorize recordings to preserve footage of evidentiary value. 5. Members will contact their supervisor when they need assistance with the categorization of recordings. C. Documentation 1. When documenting law enforcement activity as required by Policy and Procedure in Initial Police Reports, Arrest Affidavits, or other applicable paperwork, members shall note whether or not their BWC was activated during that law enforcement action. If it was not activated, the entire contact was not recorded, or the recoding was interrupted, members shall specifically articulate the reason why it was not activated. 2. Members will document the existence of a recorded statement in the narrative of all applicable reports. 3. Videos copied for training purposes require the approval of the training supervisor. 4. The officer should attempt to have any verbal statements by witnesses or suspects recorded, as well as capture any Miranda warnings. However, statements, confessions, and utterances captured by BWC video will not replace the officer(s) obligation to obtain a signed consent or waiver form(s) and/or written statement(s). IV. Livestreaming A. Livestreaming is not intended to replace proper response by personnel. B. Authorized users BODY WORN CAMERA SYSTEMS Page 14 of 20 1. Only authorized users will be provided with access to the livestreaming feature, which will be limited to sworn members with the rank of Watch Commander (lieutenant/acting lieutenant) or higher. 2. Authorized users will abide by the activation criteria. 3. The Department shall utilize an automated system to maintain documentation of all authorized users who activate the livestream feature to include name, date, and duration of activation. This automated feature is stored and maintained inside the Evidence.com system. C. Activation Criteria 1. Authorized users may activate the livestream feature when any of the following activation criteria are met: a. Officer Down b. Initiation of a foot pursuit c. A situation in which an officer is not responding to their radio and all means to communicate have been exhausted d. To assist with identifying the specific location of an officer for responding officers e. Upon indication of distress via radio traffic f. Third-party notification of an officer in distress g. Upon request of the recording officer h. To enhance tactical operations and situational awareness during a significant incident (requires approval of the Chief of Police or designee) i. For training and technical troubleshooting (requires approval of the Chief of Police or designee) V. j. At the direction of the MVSA for hardware verification or training k. At the direction of the on-call Administrative Staff member or higher Data Retention, Public Records, Redaction and Dissemination A. Data Retention and Public Records BODY WORN CAMERA SYSTEMS Page 15 of 20 1. All digital recordings collected using the BWC systems are public record as defined in Chapter 119, Florida Statutes and the exclusive property of the Apopka Police Department. Accessing, copying, or releasing any portion of any recording for other than official law enforcement purposes or without the prior approval of the Chief of Police, or his/her designee is strictly prohibited, except as required by law. 2. Unless otherwise specified below, all recordings shall be retained for a minimum of ninety (90) days 3. Recorded evidence associated with an arrest, use of force, criminal investigation, or an Internal Affairs investigation and/or complaint against an officer will be retained pursuant to Florida State Statutes Public Records laws. 4. Vehicle crashes involving an officer, pursuits, and events involving injury to an officer and/or citizen, or any recording of an event or public interaction the officer reasonably believes could lead to litigation against the officer or the City of Apopka will be transferred to DVD and submitted with the accident/incident report to the city’s risk management division. 5. B. All recordings will be uploaded to the agency’s digital evidence storage system. Release 1. Records released pursuant to this policy are subject to the restrictions on release of public records found in Ch. 119, Florida Statutes, “Public Records” and section 24 Article I of the Florida Constitution, the Officer’s Bill of Rights and all other applicable state and federal laws. 2. If either the FDLE or the SAO objects to the release of the video or a portion thereof, they will be requested to place their objection to the release in writing to the Chief of Police. The Chief of Police, or designee, shall then evaluate the objection and will, based on the totality of the circumstance, either: a. Release the video with the objected to portion(s) included; or b. Withhold the objected to portion(s) of the video from release until BODY WORN CAMERA SYSTEMS Page 16 of 20 the basis for the objection has lapsed or the objecting agency withdraws its objection. 3. Immediate Release to Preserve Public Safety a. Except where prohibited by law, the Chief of Police shall have the authority to unilaterally order the immediate release of any body camera video of an incident if the immediate release is in the interest of public safety. C. Dissemination 1. It is the policy of the department that transparency is critical to maintain accountability and enhance trust between the Apopka Police Department and the public. The department’s commitment for transparency shall be pursued without compromising ongoing investigations, legitimate privacy concerns or applicable federal, state, and local laws. 2. When members of the department are involved in certain incidents to include, officer involved shootings, any in-custody death and any other incident where the Chief of Police determines that release of video recordings is required to promote transparency, that is being investigated by an outside agency, such as the Florida Department of Law Enforcement (“FDLE”), all related body worn camera video shall be released, to the extent permissible under applicable law, and consistent with the Officer’s Bill of Rights upon notification from the outside investigating entity that the initial interviews are complete. It is the goal of the agency to publicly release the video recordings in these circumstances within 30 days after the date of the incident. A release outside of 30 days shall be approved by the Chief of Police, or the Chief’s designee, and only occur in the event of extraordinary circumstances, circumstances which the earlier release would negatively impact a thorough investigation into the event, or other unforeseeable circumstances. 3. When possible and appropriate, prior to the release of any video under this section, consideration should be given to whether the following parties should be given an opportunity to review the video records prior to their BODY WORN CAMERA SYSTEMS Page 17 of 20 release: a. Officers depicted in the video who had significant involvement in the law enforcement action b. The individual that was involved in the law enforcement action 1) If the subject is deceased, then the subject’s next of kin 2) If the subject is a juvenile, then the subject’s parent or legal guardian c. Other official agencies involved in the law enforcement action, including the investigating agency; and d. D. The State Attorney’s Office (SAO) Waiver: 1. The release of any video recording in any specific case does not waive the agency’s right to withhold records in the same case or any other case as permitted by law and this policy does not create any third party right with regard to the release of any video recording in possession of the agency. VI. Storage and Retention A. Automatic Deletion of Body Camera Video 1. All recordings that meet the definition of “body camera” video as defined in s. 119.071(2)(l) shall be maintained for the retention period set forth in Florida law, but for a minimum period of 90 days, as required by Florida Statute 119.071(2)(l)(5). Any destruction or purging of a body camera recording sooner than 90 days after it is captured requires the expressed approval of the Police Legal Advisor’s Office in consultation with the Chief of Police, and shall only be done by the Mobile Video System Administrator. All videos shall be held for the full duration of their retention period as set forth in the Florida Retention Schedule (GS1 or GS2). B. Manual Deletion of Body Camera Video 1. Any video that does not meet the definition of “body camera” video as defined in FSS. 119.071(2)(l) because it does not record audio or video data in the course of an officer performing their official duties, may be purged prior to the BODY WORN CAMERA SYSTEMS Page 18 of 20 90-day retention period if its administrative value is lost or never existed, and it is not subject to any other retention period. This type of non-law enforcement related video should be deleted as soon as permissible to maximize the privacy interest of our members. 2. If an officer becomes aware of a video that does not meet the definition set forth in s. 119.071(2)(l) and contains sensitive content (e.g., an accidental activation in the restroom) that member shall notify the on-duty watch commander via the chain-of-command. The on-duty watch commander shall then login to the digital evidence management system and categorize the video “confidential.” The watch commander shall then email Internal Affairs, relaying their action, to include the recording member’s name along with the date and time of the recording. An Internal Affairs investigator who is in the best position to protect the privacy and the dignity of the person to whom the video pertains (e.g. a female investigator may be asked to review a video from the women’s locker room) will then be assigned to review the entire video to ensure that no law enforcement activity was captured in the recording. 3. If no law enforcement activity was captured, then the reviewing investigator shall provide written confirmation to the Watch Commander that the video shall be deleted. If the video captured both law enforcement activity and private information, then the private information shall be redacted, and the original video shall be marked confidential within the video retention system. 4. If there is not an appropriate Internal Affairs investigator available to maintain the privacy and dignity of the members captured therein, then the Patrol Captain shall, in consultation with the Criminal Investigation Division (CID) Lieutenant, assign the most appropriate detective from CID to review the video. VII. Mobile Video System Administrator A. The Mobile Video System Administrator is responsible for overall maintenance, management, training and retention, and acts as a liaison to Information Technology, the Technology and Forensics Unit and associated vendors. The Mobile Video System Administrator reports to the Administrative Command Staff. BODY WORN CAMERA SYSTEMS Page 19 of 20 VIII. Training A. Officers will receive training prior to being assigned a mobile video recording system. Members shall only use BWCs after they have received agency-approved training. It shall be the responsibility of the MVSA to ensure that all BWC training meets current manufacturer guidelines and specifications, as well as department policy. Training shall consist, at a minimum, of the following: 1. A review of this policy, relevant state and federal laws governing consent, evidence, privacy, and public disclosure. 2. Hardware operation, charging, docking, malfunctions, lost or damaged equipment. 3. Categorization, data transfer procedures, data access, security, and retention guidelines, reporting improper recordings, and preparing and presenting digital evidence for court. 4. Hands-on exercises that replicate operating the equipment. By Order of: Michael McKinley, Police Chief BODY WORN CAMERA SYSTEMS Page 20 of 20