Public Meeting Notice  Technology and Procurement Subcommittee Meeting

TECHNOLOGY AND PROCUREMENT SUBCOMMITTE

LAW ENFORCEMENT BODY WORN CAMERA TASK FORCE.

Date: December 10, 2021

Time: 9:00 AM – 10:00AM

Place: Microsoft Teams (Virtual Meeting – access link posted publicly on mass.gov)

Subcommittee Members Present:

Tim Mitchell, Executive Office of Technology and Support Services

Deborah Batista, Executive Vice President, New England Police Benevolent Association

Sheriff Patrick McDermott, Massachusetts Sheriffs’ Association

Staff:

Daniel Nakamoto, EOPSS (Board Advisor)

Suleyken, EOPSS (Task Force Counsel)

Daniel opened the meeting by reviewing the agenda and noted that Suleyken Walker, Task Force Counsel, would join the Committee on the public records discussion. 

1. Approval of Minutes

The minutes of the Technology and Procurement Subcommittee meeting held on November 18, 2021 were approved as written.

2. A process by which body camera footage may be included in the public record

The legislative language on this mandate for the Task Force is a bit awkward as recordings are public records.  The Subcommittee construed the language to mean what process should be followed in the release of body worn camera and dashcam footage from police departments.  Daniel had met with the State Police to find out how they were handling requests for recordings.  They had started both a body worn camera and dashcam program in March 2021 and had responded to about 1200 requests, mostly from district attorneys but a few from insurance companies and individuals.  They handle requests in compliance with both public records and privacy laws for public records.  The process has gone smoothly.  The State Police expect to have one million recordings annually in the future.

In compliance with public records laws, the State Police provide redacted recordings without charge if the staff processing time is less than 4 hours.  They noted that many incidents have recordings from multiple cameras.  If more than 4 hours is required, they provide an estimate for charges at $25 per hour.  The requestor may appeal the charges to the Secretary of State who responds with 10 days. 

Based on the experience of the State Police, Suleyken Walker suggested that the task before the Subcommittee was whether additional policy requirements were needed.  Current public record and privacy laws seem to work for camera recordings. The Subcommittee should come up with a list of items where additional protections were needed. 

A concern was raised about use of GPS capabilities and this information being imbedded in the recorded video in relation to 209A (state abuse prevention law) cases.  In some instances, the victims whereabout are kept secret for the protection of the victim.  If there is a recording from the home of the victim, the abuser could request a copy of the recording and find out the address.

The costs of recording storage were raised as concern that could deter police departments from adopting body worn camera programs.  The law creating the Law Enforcement Body Worn Camera Task Force set a minimum retention requirement of “not less than 180 days but not more than 30 months for recordings not relating to a court proceeding or ongoing criminal investigation or the same period of time that evidence is retained in the normal course of the court’s business for a recording to a court proceeding;”.  Suleyken will research the retention issue.

3. Standards for procurement of body-worn cameras and vehicle dashcams by law enforcement agencies

There was discussion on how to identify functional requirements that the Subcommittee wished to adopted as standards from the State Police procurement list.  Due to the size of the list, it was decided that members would  identify the specific items and email them to Daniel.  He would collate the responses for review at the next meeting. 

4. Next meeting

The next meeting of the Subcommittee was scheduled for Wednesday, December 22^nd, at 9:00.

Adjournment

Upon motion made and seconded, it was voted to adjourn at 9:50 AM.