[HISTORY: Adopted by the Board of Selectmen of the Town of
Ellington as indicated in article histories. Amendments noted where
applicable.]
[Adopted 6-12-2023]
A.
The purpose of this policy is to set standards related to the use,
management, storage and retrieval of digital multimedia video files
stored on or generated from the use of body-worn cameras (BWC) issued
or approved by the Department of Emergency Services and Public Protection
(DESPP) and/or the Town of Ellington ("Town").
B.
DESPP and the Town have approved the use of issued or approved body-worn
cameras to accomplish several objectives, including but not limited
to:
(1)
Allowing for the accurate documentation of critical incidents, police-public
contacts, crime and accident scenes and arrests.
(2)
Preserving visual and audio information for use in current and future
investigations in accordance with applicable guidelines referenced
herein.
(3)
Capturing crimes in progress, whether committed against the trooper
and/or police officer or the community, and to preserve evidence for
presentation in court.
(4)
Documenting trooper and/or police officer response to an incident.
(5)
Aiding in the documentation of victim, witness, or suspect statements
pursuant to an on-scene response and/or documentation of the advisement
of rights, and consents to conduct a lawful search, when applicable.
(6)
Counteract false complaints made against a trooper and/or police
officer in the course and scope of his or her official police duties
and to assist in the consideration of appropriate action in response
to such an event.
C.
The purpose of equipping troopers and police officers with issued
or approved body-worn cameras is to assist in the following:
(1)
Strengthening police accountability by documenting incidents and
encounters between troopers and/or police officers and the public.
(2)
Resolving trooper/police officer involved incidents and complaints
by providing an objectively independent record of events.
(3)
Improving agency transparency by allowing the public to see video
evidence of police activities and encounters in accordance with applicable
laws regarding public disclosure.
(4)
Identifying and strengthening trooper/police officer performance
by using footage for officer training and monitoring when appropriate
and consistent with the law.
(5)
Improving evidence documentation for investigation, prosecutions,
administrative reviews of employee performance, and/or civil actions.
A.
In support of the mission statement and core values of DESPP, it
is the policy of DESPP, and that of the Town, to augment services
provided to the public by utilizing department-issued or -approved
body-worn cameras.
B.
It is DESPP policy, and that of the Town, that sworn law enforcement
personnel under the jurisdiction and direction of the Division of
State Police whose assignments require regular, personal interaction
with the public in a law enforcement capacity shall, to the extent
possible, be issued a body-worn camera for use in the course of their
official duties as provided for by this policy.
(1)
Troopers or police officers serving under the jurisdiction and direction
of the Division of State Police shall activate their issued or approved
body-worn cameras when such recordings are in accordance with DESPP
policies and procedures, relevant case law, and all state and federal
laws. Use of the body-worn cameras for any purpose other than in accordance
with this policy is prohibited.
C.
All DESPP-issued or -approved body-worn camera equipment, and media
associated with the body-worn cameras, data, images, video/audio and
metadata captured, recorded, or otherwise produced by the body-worn
camera on a trooper, is the property of DESPP and shall not be viewed,
copied, released, disclosed, or disseminated in any form or manner
outside the parameters of this policy without the express written
consent of the DESPP Commissioner or his/her designee, except as otherwise
required by law. All Town-issued body-worn camera equipment and media
associated with the body-worn cameras, data, images, video/audio and
metadata captured, recorded, or otherwise produced by the body-worn
camera on a police officer is the property of the Town and shall not
be viewed, copied, released, disclosed, or disseminated in any form
or manner outside the parameters of this policy without the express
written consent of the Town or its designee, except as otherwise required
by law.
(1)
Troopers and police officers with an issued or approved body-worn
camera shall not edit, erase, alter, copy, disclose, reuse, modify,
destroy, abuse, or tamper with body-worn camera audio-digital multimedia
video files or equipment except in accordance with this policy.
D.
Only body-worn cameras issued or approved by DESPP and/or the Town
for use by an individual trooper or police officer shall be used while
in the performance of his/her official duties.
E.
It should be noted that the video footage captured from the BWC represents
the limited perspective of the camera and is not the same as what
the trooper or police officer perceives.
A.
In accordance with § 222-2 above, this policy applies to all troopers and police officers who are in uniform and scheduled to perform police duties.
(1)
This includes, but is not limited to, troopers and police officers
in the uniform of the day, battle-dress uniform (BDU) style, and similar
uniforms.
(2)
Desk troopers and police officers, given the propensity to have to
respond to an urgent matter (e.g., in the prisoner processing/lockup
area or in the troop lobby), shall be required to wear a body-worn
camera.
(3)
Troopers and police officers assigned to special-duty or extra-duty
assignments, including but not limited to HCP/OPA assignments, sporting
events, security or traffic control details shall be required to wear
a body-worn camera during the performance of such assignment.
(4)
Troopers and police officers on general patrol to or from such duty
assignments shall wear the body-worn camera while in uniform.
B.
Exceptions to the requirement to wear a body-worn camera:
(1)
Troopers and police officers assigned to attend training and/or complete
administrative duties, and who are not wearing a uniform, are exempt
from wearing a body-worn camera, but shall utilize and activate a
BWC when feasible.
(2)
Troopers in the Class A uniform for ceremonial matters shall not
wear the body-worn camera.
C.
This policy does not govern the use of surreptitious/covert recording
devices used in undercover operations.
D.
This policy does not apply to or limit the use of in-car audio/video
recording systems as defined in the State Police Administration and
Operations (A&O) Manual, Section 13.15.
As used in this article, the following terms shall have the
meanings indicated:
An "on-the-body" video and audio recording system worn by
a trooper/police officer to capture digital multimedia evidence as
an additional means of documenting specific incidents in the field
in the course and scope of his/her official duties.
A DESPP sworn employee who holds the rank of Sergeant or
higher who is designated by the troop or unit commanding officer to
assist with the implementation of the body-worn camera within his/her
troop/unit by providing assistance and guidance to troopers who are
assigned a body-worn camera.
A DESPP employee designated and authorized with full access
to user rights who assigns and tracks master inventory of equipment
and controls passwords and end-user security access rights.
Digital multimedia video files consist of all digital recordings,
to include but not limited to audio, video, photographs, and their
associated metadata. Metadata includes any digital identifiers that
are captured as part of the actual recording, such as date/time, GPS
coordinates, labeling, etc.
The transfer of media from the body-worn camera to a secured
server or other reliable secure storage source. The method of evidence
transfer management for body-worn cameras shall be approved by the
SA.
A resident trooper or other assigned sworn DESPP employee
that shall be responsible to assist with the implementation of body-worn
cameras within his/her assigned town(s) by providing assistance and
guidance to personnel assigned a body-worn camera. The Local BWC Coordinator
shall act as liaison to the SA.
For the purposes of this policy, references to "media" include
photographs, audio recordings and video footage captured by the BWC
device. The media is stored digitally and encrypted.
A.
Beginning of shift procedures.
(1)
Issued or approved BWC shall be worn at all times by the trooper
or police officer while in the performance of his/her scheduled duties.
(2)
Issued and approved BWC shall be operated in accordance with the
manufacturer's recommended guidelines, department training and
department policies and procedures.
(3)
Prior to the beginning of each shift, a trooper or police officer
issued or assigned a BWC shall test and perform an inspection to ensure
that the BWC is properly charged and functioning and that adequate
storage capacity is available for recording.
(a)
If problems are encountered with any component of the system,
the BWC shall not be used and the trooper or police officer shall
arrange for repair or replacement through department-established procedures,
including notification to the Network Control Center (NCC).
[1]
To the extent practicable, the trooper or police officer should
be provided a replacement BWC as soon as possible.
(4)
Malfunctions, damage, loss or theft of any issued or approved BWC
shall be immediately reported by troopers or police officers to the
on-duty shift supervisor.
(a)
Malfunctions of State Police BWC equipment or components shall
be called in to the NCC by the trooper assigned such equipment as
soon as practical, in order to ensure proper tracking and timely resolution.
Malfunctions of police officer BWC equipment or components shall be
reported to the BWC Liaison Supervisor.
(b)
State Police body-worn cameras that are lost or damaged shall
be reported through the chain of command to the troop or unit commanding
officer utilizing the Report of Equipment Damage Form, DPS-97-C. Police
officer BWCs that are lost or damaged shall be reported to the BWC
Liaison Supervisor.
(c)
Any theft of an issued or approved BWC shall be reported to
the troop or police department having jurisdiction where the crime
occurred.
[1]
The trooper or police officer reporting the damage, loss, or
theft of a BWC shall detail the circumstances in a written memorandum
and shall forward the memorandum through the chain of command to the
commanding officer of the troop or unit where the trooper or police
officer is assigned.
(5)
General care and maintenance of a BWC shall be the responsibility
of the trooper or police officer who has been issued the camera.
B.
Use and activation of BWC.
(1)
Troopers and police officers issued or assigned a BWC shall wear
such camera on his/her outermost garment and shall position it above
the midline of his/her torso when in use.
(a)
Troopers and police officers shall not cover or obstruct the
video lens or microphone of a BWC for the sole purpose of intentionally
defeating the recording capabilities of a BWC when DESPP policies
and procedures would otherwise require the BWC to record.
(b)
Placement of a BWC on the uniform of a trooper or police officer
shall not obstruct the view of or cover his/her name tag, badge, agency
affiliation, or other mandated identification (e.g., FAA Security
Identification Display Area badge).
[1]
Troopers and police officers shall exercise due care to minimize
the risk of identification badges or other uniform items from obstructing
the BWC video lens.
(2)
Troopers and police officers issued or assigned a BWC shall activate
the camera at the inception of an interaction with the public in a
law enforcement capacity.
(a)
For the purposes of this policy, "interacting with the public
in a law enforcement capacity" means that a trooper or a police officer
is in personal contact with one or more members of the public, the
purpose of which is to conduct a self-initiated investigation into,
or to respond to a complaint involving, the possible commission of
any offense, violation or infraction.
(b)
In addition, troopers and police officers shall record the following:
[1]
Vehicular pursuits;
[2]
Foot pursuits;
[3]
Motorist assists;
[4]
The taking of statements from suspects, witnesses and victims;
[5]
The conducting of interviews with suspects, witnesses and victims;
[6]
Transportation and processing of prisoners;
[7]
Any incident or event not otherwise prohibited by this policy
where the trooper or police officer anticipates a use-of-force encounter
to occur;
[8]
Any incident or event not otherwise prohibited by this policy
which may be dangerous, unpredictable, or potentially useful for department
training purposes; or
[9]
Situations where a trooper or police officer, by reason of training
and experience, determines that the incident should be documented
on video.
(3)
Note: At no time should troopers or police officers disregard officer
safety or the safety of the public for the purpose of activating or
utilizing the body-worn camera. For example, in some off-duty situations
immediate access to, and utilization of, an issued body-worn camera
may not always be feasible.
(4)
If circumstances prevent the trooper or police officer from activating
a BWC recording at the inception of an interaction (such as being
unsafe or impracticable), the trooper or police officer shall begin
the recording as soon as safe and practicable.
(a)
Once the BWC is activated for the purpose of documenting an
interaction with the public in a law enforcement capacity, it should
remain activated until the interaction with the public has concluded
to ensure the integrity of the recording, except as otherwise provided
for by law or by this policy.
[1]
Additional troopers or police officers arriving on a scene who
have been issued or assigned a BWC shall also record the interaction
with the public and shall also continue to record until the completion
of the incident.
[2]
For purposes of this policy, conclusion of an interaction with
the public occurs when a trooper or police officer terminates his/her
law enforcement contact with a member of the public.
(b)
Troopers and police officers utilizing a BWC that are asked
by a person with whom they are interacting as to whether such interaction
is being recorded should inform the person they are being recorded,
unless doing so would be unsafe.
[1]
Troopers and police officers utilizing a BWC are neither mandated
nor prohibited from informing any person with whom they are interacting
that such interaction is being recorded prior to being asked.
C.
Deactivation of BWC and prohibitions on the use of BWC.
(1)
Except as otherwise required by this policy, no trooper or police
officer shall use body-worn recording equipment to intentionally record:
(a)
A communication with other law enforcement agency personnel,
except that which may be recorded as the officer performs his or her
duties;
(b)
An encounter with an undercover officer or informant;
(c)
When an officer is on break or is otherwise engaged in a personal
activity;
(d)
A person undergoing a medical or psychological evaluation, procedure
or treatment;
(e)
Any person other than a suspect or a witness to a crime if a
trooper or police officer is wearing his/her issued or approved body-worn
camera in a hospital or other medical facility setting;
(f)
In a mental health facility, unless responding to a call involving
a suspect or a witness to a crime who is thought to be present in
the facility;
(g)
Any private conversation to which the trooper or police officer
is not a party;
(h)
A telephonic conversation, except in accordance with the provisions
of state and federal law while in the lawful performance of their
official duties;
(i)
A strip search (refer to A&O Manual § 19.2.8);
or
(j)
In a locker room, changing room or restroom, unless confronting
a violent or assaultive suspect or in an anticipated use-of-force
instance.
(2)
Deactivation of a body-worn camera under certain circumstances:
(a)
Although generally body-worn cameras should remain activated until the conclusion of an incident [see Subsection B(4)(a) above], troopers and police officers may consider requests to deactivate the body-worn camera should he/she determine that, based upon the circumstances, the investigation could be significantly hampered if the recording were to continue. Whenever possible, troopers and police officers should consult with supervisors before making the decision as to whether to deactivate their body-worn camera.
(b)
Whenever possible, a trooper or police officer who deactivates
or mutes the body-worn camera during the course of an event in which
this policy otherwise requires recording shall both record on the
camera the reason for the interruption, termination or muting of recording
prior to deactivating the body-worn camera, and document such event
in his/her report, or in an instance in which no written report is
completed, in the Computer Aided Dispatch (CAD) event pertaining to
the incident.
(3)
Troopers and police officers shall not remove the BWC from their
uniform in order to use the BWC as a handheld or fixed recording device.
D.
Malfunction of body-worn camera.
(1)
If any malfunction or unintentional failure to record in accordance
with this policy occurs, the trooper and/or police officer shall document
the reason and notify the on-duty shift supervisor regarding the lack
of recording.
(a)
Documentation may be in the form of an incident report, noted
on a citation or summons, or electronically recorded in a CAD event.
E.
Event classification.
(1)
Troopers and police officers who have recorded an event on their
issued or assigned BWC shall ensure the event is classified into the
appropriate category in a timely manner as determined through training
and DESPP procedures.
F.
End of shift procedures.
(1)
Troopers and police officers shall ensure that all files from an
issued or approved body-worn camera are securely downloaded with sufficient
frequency so as to ensure that there remains adequate data storage
available for recording future incidents.
(a)
In the event that an incident necessitates the immediate retrieval
of BWC digital multimedia video files for chain of custody purposes
(including but not limited to officer-involved shootings and in-custody
deaths) as determined by the commanding officer responsible for the
investigation, the trooper or police officer shall follow the instructions
of the commanding officer or his/her designee on how the BWC will
be secured and downloaded.
(2)
Troopers and police officers shall cause the following BWC digital
multimedia video files to be stored, downloaded, transferred or otherwise
saved and labeled, cataloged and/or submitted as evidence:
(a)
Any incident where an arrest is made or may be made;
(b)
Any incident where a search is conducted;
(c)
An event that is a major motor vehicle or criminal incident
involving death, serious injury, or catastrophic property damage;
(d)
An oral, written or sign language statement of a person under
investigation for or accused of a capital felony or a Class A or B
felony made as a result of a custodial interrogation at a place of
detention;
(e)
An event that captures a trooper's or police officer's
reportable use of force in the discharge of his/her official duties;
(f)
Any event that captures the injury or alleged injury of any
person in the care, custody or control of any DESPP employee or police
officer serving under the jurisdiction and direction of the Division
of State Police in the performance of his/her duties;
(g)
Any interaction with the public where the trooper or police
officer determines that it would be prudent to retain the recording
for longer than the minimum retention period set forth in this policy;
or
(h)
Any incident in which an on-duty supervisor or commander determines
that it would be prudent to retain the recording for longer than the
minimum retention period set forth in this policy.
A.
No trooper or police officer under the jurisdiction and direction
of the Division of State Police shall use an issued or approved BWC
prior to being trained in accordance with statutes in the use of the
equipment, and in the retention of data created by such equipment.
Every trooper or police officer shall receive training as to body-worn
cameras at least annually. Training shall include the use of such
equipment, retention of data created by, and the care and maintenance
of, such equipment.
B.
Any other DESPP employee that utilizes BWC equipment for purposes
of duplication, redaction or data storage shall receive initial training
in the use of such equipment.
C.
Troopers and police officers should notify the on-duty shift supervisor
of any recorded media that may be of value for training purposes,
such as officer safety, etc. The on-duty shift supervisor shall evaluate
that segment of the recording in question and make an assessment of
its application for training. If the media is copied for training
purposes, it shall be appropriately documented at the troop/unit level
and forwarded to the Connecticut State Police Training Academy for
review through the chain of command.
A.
Troopers and police officers utilizing an issued or approved BWC
shall be responsible for the following documentation:
(1)
DESPP incident reports shall include reference to any BWC recordings
made pursuant to this policy.
(a)
In the event that a recording is made on other than a trooper's
or police officer's permanently issued or assigned BWC, and the
BWC is not electronically linked to that trooper's or police
officer's identifying information (e.g., badge number or employee
number), the make, model and serial number of the BWC used shall be
noted in the incident report.
(b)
Note: Body-worn camera recordings are not a replacement for
incar video camera recordings, still photography or a written report.
(2)
If an incident has been recorded and an incident report is not required,
but an infraction, citation or summons is issued, the trooper or police
officer shall document the use of a BWC on such note to the prosecuting
authority, if applicable, and/or in the CAD event corresponding with
the incident.
B.
Supervisors.
(1)
Supervisors shall ensure that troopers and police officers equipped
with issued or approved BWCs are utilizing the camera in accordance
with policy and procedures as defined herein.
(2)
Supervisors shall periodically inspect issued or approved BWC equipment
assigned to troopers and police officers to ensure proper operability
per testing protocols provided through training and manufacturer's
recommendations.
(3)
Supervisors shall ensure that, upon being informed by a trooper or
police officer under their supervision that the trooper's or
police officer's BWC equipment is lost, damaged or malfunctioning,
such BWC equipment is inspected and repaired or replaced, as necessary,
to the extent practicable.
(4)
Supervisors shall conduct a monthly review of all personnel assigned
a BWC. The frequency for review will be at least one BWC review per
month for personnel assigned a BWC. The purpose is to review issued
or approved BWC recordings of traffic stops and citizen contacts of
assigned personnel in accordance with this policy as well as reports
generated as a result of these incidents to:
(5)
The monthly supervisory review of BWC recordings shall be documented
as a CAD event, (call type of Administrative Services, sub-type BWC
Review).
(6)
Supervisors shall ensure that all body-worn camera video files are
appropriately preserved in accordance with this policy.
C.
Body-Worn Camera Liaison Supervisor.
(1)
Each troop, unit or duty station with personnel assigned or issued
BWCs shall appoint a Body-Worn Camera Liaison Supervisor. The Body-Worn
Camera Liaison Supervisor shall have oversight and responsibilities
including, but not limited to, the following:
(2)
The Body-Worn Camera Liaison Supervisor shall ensure that all body-worn
camera digital multimedia video files of evidentiary value are secured
and retained in accordance with this policy.
(3)
The Body-Worn Camera Liaison Supervisor shall ensure that requests
for disclosure of a trooper's BWC digital multimedia video files
are immediately forwarded to Legal Affairs for processing, and shall
serve as liaison to Legal Affairs in fulfillment of such requests,
and that requests for disclosure of a police officer's BWC digital
multimedia video files are forwarded to the First Selectman's
Office for processing and shall serve as a liaison to the First Selectman's
Office in fulfillment of such requests.
(4)
The Body-Worn Camera Liaison Supervisor shall ensure that functionality
tests of spare BWC units assigned to his/her troop, unit or duty station
are conducted monthly to ensure operational readiness.
(a)
BWC equipment that is found to not be operational shall be documented,
and repair or replacement arranged through department-established
procedures, including notification to the Network Control Center (NCC).
D.
Local body-worn camera coordinator.
(1)
The Local Body-Worn Camera Coordinator shall be responsible for assisting
with the implementation of body-worn cameras within his/her town,
including to provide assistance and guidance to personnel assigned
a BWC. The Local Body-Worn Camera Coordinator shall liaison with the
appropriate Body-Worn Camera Liaison Supervisor and the DESPP System
Administrator as required.
E.
DESPP System Administrator (SA). The SA shall:
(1)
Oversee and administer the storage and management of all DESPP and/or
Town digital multimedia video files generated by the use of issued
or authorized body-worn cameras, including but not limited to:
(2)
Ensure that stored data is purged from the body-worn camera system
operations software and hardware in accordance with state library
retention records and DESPP policies and procedures;
(3)
Ensure that body-worn camera video files that are subject to a preservation
request or other court order are appropriately preserved;
(4)
Designate personnel who will be authorized to access the secure media
collected on the systems operations software server and periodically
conduct body-worn camera stored data queries;
(5)
Ensure that DESPP and/or Town personnel who are authorized to use
department body-worn cameras system operations software are appropriately
trained prior to utilizing the system;
(6)
Approve the method of evidence transfer management from the body-worn
camera to a secured server, cloud or other secured digital media storage;
(7)
Serve as liaison with the Troop Body-Worn Camera Liaison Supervisor
(and the Local Body-Worn Camera Coordinators, to the extent necessary)
and to manufacturer representatives on operational and equipment-related
matters to include data, storage, security, retention, access, and
policy compliance; and
(8)
Coordinate requests for access to recorded incidents for troopers
and police officers or as directed by the DESPP Commissioner or his/her
designee.
A.
General access to digital multimedia video files shall be granted
to authorized personnel only. It is the responsibility of any authorized
personnel to keep their usernames and passwords confidential. Accessing,
copying, or releasing any digital multimedia video files for other
than official law enforcement purposes is strictly prohibited, except
as otherwise required by state and federal statutes and DESPP policies
and procedures.
(1)
A trooper or police officer may review a recording from his or her
issued or assigned BWC equipment in order to assist such officer with
the preparation of a report (including explanatory memorandums) or
otherwise in the performance of his or her duties.
(2)
Troopers, police officers and other law enforcement personnel may
review a recording from his or her issued or assigned body-worn recording
equipment in order to assist such trooper or police officer in providing
a statement as a witness to events which are the subject of a department
internal administrative inquiry, including trooper or police officer
involved shooting investigations.
(3)
If a trooper or police officer is giving a formal statement about
the use of force, or if a trooper or police officer is the subject
of a disciplinary investigation in which a recording from BWC equipment
is being considered as part of a review of an incident, the trooper
or police officer shall have the right to review such recording in
the presence of the trooper's or police officer's attorney
or labor representative.
B.
Under no circumstances shall any individual with access to BWC media
or data files be allowed to use, show, reproduce or release recordings
for the purpose of ridicule or embarrassment of any trooper, police
officer or individual, or for other non-law-enforcement-related purposes.
This includes disclosure of any portion of a BWC video file to a media
organization unless such disclosure has been approved in advance by
the DESPP Commissioner or his/her designee, as to BWC media or data
files generated from a trooper's BWC, or by the First Selectman
or his/her designee as to BWC media or data files generated from a
police officer's BWC.
C.
Digital multimedia video files may be reviewed by individuals other
than the recording trooper or police officer in any of the following
situations:
(1)
A supervisor may review specific body-worn camera digital multimedia
video files for the purpose of training, performance review, critique,
early intervention inquiries, civil claims, administrative inquiry,
or other articulable reason when advancing the best interest of the
public, the department, or the trooper;
(2)
By a supervisor investigating or adjudicating a complaint regarding
a specific act of trooper or police officer conduct;
(3)
Field Training Officers may use digital multimedia video files captured
via a BWC to provide training to assigned trooper or police officer
trainees and to assist with the completion of the Daily Observation
Report (DOR);
(4)
By technical support staff for purposes of assessing proper functioning
of BWC;
(5)
By the Internal Affairs Unit when participating in an official misconduct
investigation concerning a specific act of trooper or police officer
conduct alleged in a complaint of misconduct;
(6)
By a sworn DESPP employee or other law enforcement officer who is
participating in a criminal investigation for which the recording
may be relevant to such investigation;
(7)
By the Legal Affairs Unit;
(8)
If a trooper or police officer is giving a formal statement about
the use of force, or if a trooper or police officer is the subject
of a disciplinary investigation in which a recording from body-worn
recording equipment is being considered as part of a review of an
incident, such trooper or police officer shall have the right to review
recordings from other troopers' or police officers' body-worn
recording equipment capturing the trooper's or police officer's
image or voice during the incident under review;
(9)
By DESPP employees assigned to the Connecticut State Police Training
Academy and the State Police Canine Training Unit for assessing possible
training value. Such recordings may be shown for training purposes;
(10)
By representatives of the Division of Criminal Justice, Office
of the Attorney General, retained counsel and other authorized claims
representatives in the course of their official duties;
(11)
By other DESPP personnel as authorized by the Deputy Commissioner
of the Division of State Police or his/her designee for use in the
performance of their official duties;
(12)
By the First Selectman or his/her designee in order to process
FOIA requests of BWC video files generated by police officers'
BWCs.
A.
Records created using DESPP- or Town-issued or -approved BWC equipment
may be subject to release under the Connecticut Freedom of Information
Act[1] (FOIA) in accordance with applicable Connecticut General
Statutes. Unless otherwise provided by law, fees for copies of any
digital files maintained by DESPP or the Town shall be calculated
in accordance with C.G.S. § 1-212, as amended from time
to time, and, if such fee is reasonably estimated to exceed $10, DESPP
and/or the Town may require prepayment of the same prior to production.
[1]
Editor's Note: See C.G.S. § 1-200 et seq.
B.
In accordance with C.G.S. § 29-6d, no record created using
BWC equipment of an occurrence or situation described below shall
be subject to disclosure under the FOIA, and any such record shall
be confidential:
(1)
A communication with other law enforcement agency personnel, except
that which may be recorded as the trooper or officer performs his
or her duties;
(2)
An encounter with an undercover officer or informant;
(3)
When an officer is on break or is otherwise engaged in a personal
activity;
(4)
A person undergoing a medical or psychological evaluation, procedure
or treatment;
(5)
Any person other than a suspect to a crime if a trooper or police
officer is wearing such equipment in a hospital or other medical facility
setting;
(6)
In a mental health facility, unless responding to a call involving
a suspect to a crime who is thought to be present in the facility;
(7)
A scene of an incident that involves the following, if disclosure
could reasonably be expected to constitute an unwarranted invasion
of personal privacy in the case of any such victim:
(8)
A minor, except that the record of a minor created using BWC equipment
shall be disclosed if:
(a)
The minor and the parent or guardian of such minor consent to
the disclosure of such record;
(b)
A trooper or police officer is the subject of an allegation
of misconduct made by such minor or the parent or guardian of such
minor, and the person representing such trooper or officer in an investigation
of such alleged misconduct requests disclosure of such record for
the sole purpose of preparing a defense to such allegation; or
(c)
A person is charged with a crime and defense counsel for such
person requests disclosure of such record for the sole purpose of
assisting in such person's defense and the discovery of such
record as evidence is otherwise discoverable.
C.
Releasing body-worn camera digital multimedia video files.
(1)
Processing Freedom of Information Act (FOIA) media and other public
requests.
(a)
All FOIA requests, media requests, and other public requests
for body-worn camera digital multimedia video files generated by troopers'
BWCs shall be processed through the Legal Affairs Unit.
(2)
All FOIA requests, media requests, and other public requests for
body-worn camera digital multimedia video files generated by police
officer BWCs shall be processed through the First Selectman's
Office.
(3)
Redaction of BWC DMVF prior to release to an entity outside of agency
control shall be performed only by authorized personnel from Legal
Affairs, Reports and Records, the Division of Scientific Services,
or other personnel specifically designated by the Commissioner or
his/her designee, or the First Selectman or his/her designee specifically
with regard to BWC DMVFs generated from police officer BWCs.
(4)
Not later than 48 hours following a trooper's or police officer's review of a recording involving the use of force by that trooper or police officer consistent with C.G.S. § 29-6d(f), or, if the trooper or police officer does not review the recording, not later than 96 hours following the recorded use-of-force incident, whichever is earlier, such recording shall be disclosed, upon request, to the public, subject to the provisions of C.G.S. § 29-6d(g) and § 222-9B of this policy.
D.
Duplicating body-worn camera digital multimedia video files.
(1)
A trooper or police officer who is required to produce a digital
multimedia video file pursuant to a subpoena or other court order
shall arrange through the Legal Affairs Unit or other designated,
authorized entity (in the case of video files generated from trooper
BWCs), or through the First Selectman's Office or his/her designee
(in the case of video files generated from police officer BWCs), prior
to the date of court appearance, for a copy of the required portion
of the original video file to be duplicated.
(a)
Depending on the nature of the case, the Legal Affairs Unit,
or First Selectman's Office, as the case may be, may direct the
troop or unit to duplicate the digital multimedia video file directly.
(2)
The original digital multimedia video file, as well as any duplicate
copy, shall be stored and maintained in accordance with this policy
and any other controlling policies and procedures.
(3)
In addition to court proceedings and/or internal investigations,
digital multimedia video files may be duplicated by the Troop Body-Worn
Camera Liaison Supervisor for training or other authorized purposes
as designated by the troop/unit commander, consistent with controlling
statutes and policies.
(4)
The duplication of digital multimedia video files to be provided
directly to a state's attorney in order to assist in the prosecution
of a criminal or motor vehicle case is permitted by troopers and police
officers involved in the case, and at the originating troop/unit where
the case was initiated from.
(a)
Such copies are intended for the state's attorney's
office only, as they have not been redacted or vetted against public
disclosure guidelines.
A.
Digital multimedia video files shall be maintained in an approved
storage location, such as a server, storage device, website or other
approved secure storage media authorized by DESPP (in the case of
files generated from trooper BWCs) or by the First Selectman or his/her
designee (in the case of files generated from police officer BWCs).
B.
All digital multimedia video files shall be stored in compliance
with the Federal Bureau of Investigation (FBI) Criminal Justice Information
Services (CJIS) security policy that governs access to law enforcement
data (reference A&O Manual § 9.3.5 for details).
C.
All digital multimedia video files shall be securely stored in accordance
with state record retention laws and DESPP policy and procedures.
(1)
Digital multimedia video files not reproduced for evidentiary purposes
or otherwise required to be preserved in accordance with this policy
shall be maintained for a minimum period of 90 days.
(2)
Digital multimedia video files shall be preserved while a case remains
open and under investigation, or while criminal or civil proceedings
are ongoing or reasonably anticipated, or in accordance with the State
Records Retention Schedule, whichever is greater.
(3)
All other digital multimedia video files reproduced or otherwise
caused to be preserved shall be maintained for a period of four years
in accordance with state record retention requirements.
(a)
Any event subject to reproduction or preservation under this
provision shall be tagged by the user with the appropriate call for
service (CFS) number(s) to enable video files to be grouped by case
or other common identifier.
(4)
Digital multimedia video files shall be preserved in accordance with
any specific request by representatives of the Division of Criminal
Justice, Office of the Attorney General, retained counsel and other
authorized claims representatives in the course of their official
duties.
(a)
Upon receiving any such preservation request, any trooper, police
officer or other DESPP employee or agent, or the BWC Liaison Supervisor,
with access to the affected uploaded digital multimedia video files
shall take prompt, necessary action to ensure such files are preserved,
including but not necessarily limited to reclassification of file(s)
to a category that ensures longer retention.
(b)
All such preservation requests shall be promptly brought to
the attention of the recipient's supervisor and the Legal Affairs
Unit (in the case of requests for files generated from trooper BWCs)
or the First Selectman's Office (in the case of requests for
files generated from police officer BWCs) for further action.
(5)
Digital multimedia video files shall be preserved in response to
oral, electronic or written preservation requests from any member
of the public where such requests indicate that litigation may be
reasonably anticipated.
(a)
Upon receiving any such preservation request, any trooper, police
officer or other DESPP employee or agent, or the BWC Liaison Supervisor,
with access to the affected uploaded digital multimedia video files
shall take prompt, necessary action to ensure such files are preserved,
including but not necessarily limited to reclassification of file(s)
to a category that ensures longer retention.
(b)
All such preservation requests shall be promptly brought to
the attention of the recipient's supervisor and the Legal Affairs
Unit (in the case of requests for files generated from trooper BWCs)
or the First Selectman's Office (in the case of requests for
files generated from police officer BWCs) for further action.
(6)
Whenever a request for preservation is received from the Division
of State Police Legal Affairs Unit for digital multimedia video files,
the affected trooper or police officer, or the Body-Worn Camera Liaison
Supervisor(s) for the affected troop(s)/unit(s), shall ensure prompt
and necessary action is taken to ensure such files are preserved.
(7)
Upon receiving any such preservation request, any trooper, police
officer or other DESPP employee or agent, or the BWC Liaison Supervisor,
with access to the affected uploaded digital multimedia video files
shall take prompt, necessary action to ensure such files are preserved,
including but not necessarily limited to reclassification of file(s)
to a category that ensures longer retention and tagging of the file
with any file numbers, case numbers, etc., as may be directed by the
Legal Affairs Unit.
(8)
An affirmative response shall be provided to the Legal Affairs Unit
in the manner and detail directed by the unit, certifying that such
files were appropriately preserved, classified, tagged, etc.
(9)
Digital multimedia video files do not need to be duplicated or copied
to a storage media pursuant to such requests unless so specified by
the Legal Affairs Unit, or no other reasonable means exist to adequately
preserve the files in question.
(10)
Digital multimedia video files stored relative to personnel
misconduct investigations by the Internal Affairs Unit shall be in
accordance with any orders and guidelines issued by the Commanding
Officer of Internal Affairs.
Due to the evolving nature of BWC technology, policy regarding
BWC shall be revised as necessary, at a minimum taking into account
the following:
A.
The need to ensure compliance with C.G.S. § 29-6d(j) regarding
guidelines pertaining to the use of body-worn recording equipment,
retention of data created by such equipment and methods for safe and
secure storage for such data;
B.
Technological or operational changes; and
C.
Statutory changes and/or relevant court decisions.
[Adopted 9-11-2023]
A.
The Town of Ellington is committed to providing a workplace with
high standards of business and personal ethics in the conduct of its
duties and responsibilities. It is the policy of the Town of Ellington
to require employees and public officials to report activities by
any other employee or public official in the course of their official
duties that they believe to be illegal, dishonest, unethical, or otherwise
improper.
B.
Further, it is the policy of the Town of Ellington that any employee
or public official who makes such report or participates in the investigation
of any such report be protected from retaliation in the form or discharge,
discipline or other penalty or adverse employment action as the result
of making a whistleblower report.
This policy is applicable to all employees and public officials,
elected or appointed, with or without compensation, of the Town of
Ellington and/or Ellington Board of Education.
As used in this article, the following terms shall have the
meanings indicated:
Includes any of the following:
Activity that is a violation, or suspected violation, of local,
state or federal law, rule or regulation.
Fraud.
Theft.
Malfeasance or misfeasance of state, federal or local resources,
such as but not limited to misuse of Town funds, equipment or time.
Activity that creates a substantial and specific danger to public
health and safety.
Gross mismanagement, gross waste of money, or gross abuse of
authority as it relates to their official duties as a Town employee
or public official.
A violation of the Town's Code of Ethics.
A violation of any of the Town's policies.
Any employee or public official of the Town who, in good
faith, reports alleged inappropriate or illegal conduct of an employee
or public official as it relates to their official duties for the
Town.
A.
If an employee or public official knows of or has reason to believe
that any actual or suspected inappropriate or illegal conduct is occurring
or has occurred, they should report that conduct to any one of the
following people:
B.
Violations or suspected violations may also be submitted anonymously,
in writing, to the Town Administrator or the Human Resources Director
via the Town's tip line established for such purposes. Such tip
line is accessible through the Town of Ellington's website using
the comments/complaints link: www.ellington-ct.gov/complaint.
C.
All reports must be alleged in good faith and assert reasonable grounds
for believing that the information shared in the report indicates
that there has been inappropriate or illegal conduct.
D.
Any supervisor, manager, chair or department head who receives a
report about alleged inappropriate or illegal conduct must immediately
report it to the Town Administrator.
E.
Should a report include an allegation of inappropriate or illegal
conduct against the Town Administrator, the supervisor, manager, or
department head must immediately refer the report to the Human Resources
Director, who will then notify the First Selectman of the reported
conduct.
F.
Should a report include an allegation of inappropriate or illegal
conduct against a Board of Education employee or public official,
the report shall be referred to the Superintendent of Schools. Should
a report include an allegation of inappropriate or illegal conduct
against the Superintendent of Schools, the report shall be referred
to the Chairperson of the Board of Education.
A.
The Town shall take all reports of alleged inappropriate or illegal
conduct seriously. All reports will be investigated promptly, impartially,
and discreetly.
B.
No employee or public official has the authority or responsibility
for investigating any inappropriate or illegal activity, deciding
fault, or determining correcting measures except as expressly provided
herein.
C.
Once a complaint is received, an investigation will be undertaken
to determine if there is sufficient evidence to indicate that the
alleged act has occurred. Typically, the Town Administrator will investigate
such complaint; however, the Town Administrator may assign such investigation
to another management staff member, or an outside entity, based on
the nature and character of the allegations made in the complaint.
D.
Employees and public officials, whether they were the person initiating
the complaint or not, have a duty and are obligated to participate
in investigations when asked. Investigation of such matters will usually
include conferring with the whistleblower, other involved parties,
and interviews of any named or apparent witnesses. Additionally, a
review will be conducted of any pertinent correspondence, including
print or electronic messages, audio and/or video recordings and any
other documentation deemed to be relevant to the allegations.
E.
Where an investigation confirms that inappropriate or illegal conduct
has occurred, the Town will promptly take corrective action. In all
cases, the party against whom the complaint is made shall receive
notice of the claims against them and be afforded the opportunity
to rebut the allegations of the complaint before an impartial decisionmaker.
F.
If it is determined that corrective action is appropriate, discipline
up to and including discharge from Town service, banning from Town
facilities or property, or other appropriate legal action may be initiated
by the Town. Depending on the nature and severity of the offense or
offenses, more serious discipline, up to and including termination,
may be issued without lower levels of discipline having been issued.
Discipline of employees will be issued in accordance with procedures
outlined in the relevant collective bargaining agreements, or the
Town's Personnel Rules, as applicable.
Discretion is of utmost importance in these matters. Confidentiality
and anonymity, however, cannot be guaranteed, and information identifying
employees and public officials who have made a report or participated
in investigatory proceedings may surface. These matters will be handled
as discreetly and respectfully as possible. Confidentiality will be
maintained to the extent permissible under Connecticut Freedom of
Information Act[1] provisions. Certain documentation related to the report
or investigatory proceedings may be subject to disclosure in accordance
with the Freedom of Information Act and other statutes governing such
disclosure. Only documents or information required to be disclosed
by state or federal law will be released to the requesting individual,
agency, or other entity. Documentation will remain on file as required
by state records retention requirements, after which time they may
be destroyed upon approval by the Connecticut Public Records Administrator.
[1]
Editor's Note: See C.G.S. § 1-200 et seq.
A.
The Town strictly forbids retaliation against employees or public
officials who meet the definition of "whistleblower" as provided in
this policy or who participate in internal or external investigations
related to reports of alleged inappropriate or illegal conduct. The
Town will not engage in any such retaliation, nor will it permit employees
or public officials to do so. Any such action is a violation of this
policy and may also be a violation of state and federal laws, depending
on the facts and circumstances. (See C.G.S. § 31-51m.) Any
such retaliatory action shall subject the employee or public official
to disciplinary action, up to and including termination of employment.
B.
Instances of retaliation may include, but are not limited to, termination,
demotion, suspension, harassment, reduced compensation, changes in
terms and conditions of employment, or any other adverse action taken
for purposes of retribution or revenge.
When the investigation is complete, the employee or public official
who initiated the report will be informed, to the extent appropriate
and allowable by law, of the results of the investigation.
A.
All reports must be alleged in good faith and assert reasonable grounds
for believing that the information shared in the report indicates
that there has been inappropriate or illegal conduct. Any reporting
party that fails to conform with this requirement shall not be afforded
the protections of this policy.
B.
If the Town determines that a false report was made under this policy,
such action may subject the reporting party to disciplinary action,
up to and including termination of employment, banning from Town facilities
or property, or other appropriate legal action initiated by the Town.
Depending on the nature and severity of the offense or offenses, more
serious discipline up to and including termination may be issued without
lower levels of discipline having been issued. Discipline of employees
will be issued in accordance with procedures outlined in their relevant
collective bargaining agreements or the Town's Personnel Rules
as applicable.
A.
This policy is not intended to limit, diminish or replace any other
right or remedy that an employee or public official may have under
the law with respect to disclosing inappropriate or illegal conduct
free from retaliation.
B.
Effective date: This policy shall be effective immediately and shall
remain in effect until revised or rescinded.
