Public Meeting Notice  Law Enforcement Body Camera Task Force Meeting – Training, Supervision and Discipline subcommittee

Law Enforcement Body Camera Task Force

Training, Supervision, and Disciplinary Review Sub-Committee

Meeting Minutes – February 3, 2022

• Meeting called to order at 12:05 p.m. by Vice Chair Captain Steven McCarthy
  • Sub-Committee Members Present:
    • Chief Thomas Fowler
    • Attorney Emiliano Falcon-Morano
    • Attorney Rose King
    • Sergeant Timothy King
    • Officer Israuel Marrero
  • Members of Public present:
    • Stephanie Everett
• Discussion of draft document submitted by Vice Chair McCarthy
• Sergeant King Questions use of Legal Staff in reviewing requests where many smaller departments do not have Legal Staff – language amended to: “Legal Staff or legal counsel utilized by the department”
• Chief Fowler states that all departments must have a Public Records Officer and it was agreed that Public Records Officer should be trained in procedures related to public record requests of BWC footage.
• Officer Marrero asks whether we want to define officers to include detectives /other officers doing details, etc. – decision made to leave the language generic for departments to determine
• Discussion of draft section by section:

1. Recommended training topics for Officers who are equipped with BWCs

A.        Introduction and Background to BWCs in Policing

B.         BWC Device Specifications and Operations

C.         BWC Policy and Practice

• When to activate and deactivate
  • Group adopted Chief Fowler’s suggestion to add “including, but not limited to” examples listed
  • Language added to introductory paragraph: “The examples provided by the Body Worn Camera Task Force are not intended to be exhaustive, department policies and collective bargaining agreements will provide further guidance on the appropriate training and use of BWCs”.
  • Group adopted Sgt. King’s suggestion to add reference to collective bargaining agreement
  • Under discretionary activation/deactivation, Group adopts Chief Fowler’s suggestion to add: “When temporary audio muting may be allowed”
• The question of when officer(s) may review footage precipitated a lively discussion.  Captain McCarthy drafted compromise language which was not adopted by the group.   
  • Attorneys King and Falcon-Morano suggest officers not be allowed to view footage prior to reporting on incident.  Attorney Falcon-Marrero suggests officers can write supplemental report if necessary.
  • Sgt. King suggests footage is best evidence and officers should be allowed to view it.  Officer Marrero agrees with Sgt. King
  • Chief Fowler agrees with Sgt. King that officers should be allowed to view footage.  Chief suggests that many departments will not adopt program if officers not allowed to view footage prior to writing report.
  • Following the discussion, the following language was recommended: “Officers shall be trained on the requirement of St. 2020, c. 253, § 104, which prevents an officer from accessing or viewing any recording of an incident involving the officer before the officer is required to make a statement about the incident.  Departments shall train their officers on when they are allowed to review the BWC recordings in accordance with department policy and collective bargaining agreements.”
• Meeting adjourned at 1:00