BE IT ADOPTED BY THE DULY QUALIFIED ELECTORS OF THE CITY OF FERGUSON THAT THE CITY’S HOME RULE CHARTER BE AMENDED BY ADDING ONE NEW SECTION TO BE KNOWN AS SECTION 5.4 RELATING TO PUBLIC VIDEO RECORDING SYSTEMS TO READ AS FOLLOWS:

5.4.1 THIS SECTION SHALL BE KNOWN AS “THE PUBLIC VIDEO RECORDING ACCOUNTABILITY AMENDMENT TO THE FERGUSON CITY CHARTER”

5.4.2 PREAMBLE: WE THE PEOPLE OF THE CITY OF FERGUSON DECLARE THAT OPEN PUBLIC VIDEO SYSTEMS ARE ESSENTIAL TO FREE AND OPEN PUBLIC DISCLOSURE OF ACTIVITIES UNDERTAKEN BY POLICE AND OTHER PERSONS WHO EXERCISE AUTHORITY UNDER DIRECTION OF THE MUNICIPAL GOVERNMENT. THEREFORE SUCH OPENNESS AND TRANSPARENCY ARE ESSENTIAL TO RESTORING AND MAINTAINING PUBLIC FAITH AND TRUST THAT SUCH ACTIONS AND ACTIVITIES HAVE NO TENDENCY TO INVOLVE CORRUPTION, CRONYISM, OR ILLICIT BEHAVIORS.

5.4.3 TO FOSTER ACCOUNTABILITY, AN ON-DUTY LAW ENFORCEMENT OFFICER SHALL AT ALL TIMES WEAR A WORKING, ON-OFFICER VIDEO SYSTEM WHICH CAN DIGITALLY RECORD AND PRESERVE THE OFFICER’S APPROXIMATE FIELD OF VISION AND RANGE OF HEARING IN THE FIELD AND DURING POLICE ENCOUNTERS WITH PERSONS. THE VIDEO SYSTEM SHALL BE ACTIVE AND RECORDING CONTINUOUSLY WHEN THE OFFICER IS ON DUTY, THE OFFICER MAY ONLY DEACTIVATE THE VIDEO SYSTEM FOR BATHROOM BREAKS AND PERSONAL BREAKS, THE OFFICER SHALL RECORD A STATEMENT DESCRIBING THE REASON FOR THE BREAK BEFORE DEACTIVATING THE VIDEO SYSTEM. FAILURE TO PROVIDE AND USE SUCH DEVICES SHALL BE CONSIDERED MISCONDUCT. THIS SHALL APPLY TO OFFICERS EMPLOYED BY THE CITY AND OFFICERS PROVIDING LAW ENFORCEMENT SERVICES TO THE CITY UNDER CONTRACT. THIS SHALL NOT APPLY TO UNDERCOVER OFFICERS DURING THE SPECIFIC TIME THEY ARE ACTIVELY UNDERCOVER AS EXPLICITLY AUTHORIZED BY THE DEPARTMENT HEAD. A LAW ENFORCEMENT OFFICER WHO IS WEARING A VIDEO SYSTEM SHALL NOTIFY THE SUBJECT(S) OF THE RECORDING THAT THEY ARE BEING RECORDED BY A VIDEO SYSTEM AS CLOSE TO THE INCEPTION OF THE ENCOUNTER AS IS REASONABLY POSSIBLE.

5.4.4 ALL RECORDINGS FROM ON-OFFICER VIDEOS SYSTEMS SHALL BE SECURELY UPLOADED TO A LONG-TERM STORAGE SYSTEM NO LATER THAN THE END OF THE OFFICER’S SHIFT. EXCEPT AS OTHERWISE REQUIRED BY LAW, VIDEO FOOTAGE SHALL NOT BE USED BY ANY FERGUSON LAW ENFORCEMENT AGENCY OR AGENT FOR ANY COMMERCIAL OR OTHER NON-LAW ENFORCEMENT PURPOSE.

5.4.5 OFFICERS’ ON-DUTY ACTIONS IN PUBLIC PLACES ARE CONSIDERED PUBLIC AND RECORDINGS OF SUCH ON-DUTY ACTIONS ARE CONSIDERED PUBLIC RECORDS. TO THE FULLEST EXTENT ALLOWED BY STATE AND FEDERAL LAW, SUCH PUBLIC RECORDS SHALL BE OPEN TO PUBLIC ACCESS FREE OF CHARGE AS PROVIDED FOR IN THIS SECTION. THE CITY SHALL NOT BLUR OR MUTE SUCH VIDEO OTHER THAN AS PROVIDED BY COURT ORDER.

5.4.6 A VIDEO WHICH IS RECORDED IN A NON-PUBLIC PLACE SHALL BE SUBJECT TO CLOSURE TO THE FULLEST EXTENT ALLOWED BY FEDERAL AND STATE LAW. HOWEVER, NON-PUBLIC PLACE VIDEO SHALL BE AVAILABLE, UNDER THE SAME TERMS AS PUBLIC PLACE VIDEO, TO ANY PARTY WHO APPEARS IN THE VIDEO AT ANY TIME, AND TO ANY PARTY WITH AN OWNERSHIP INTEREST IN THE NON-PUBLIC PLACE. WHETHER SUBJECT TO CLOSURE OR NOT, UNEDITED VIDEO SHALL BE RETAINED FOR TWO YEARS AND AVAILABLE UPON COURT ORDER.

5.4.7 UNLESS REQUIRED BY FEDERAL OR STATE LAW BIOMETRIC SEARCHES ARE PROHIBITED, NO AGENT OF THE CITY SHALL USE SOFTWARE WHICH USES A PERSON’S UNIQUE PHYSICAL AND OTHER TRAITS TO DETECT OR CONFIRM OR PREDICT IDENTITY IN PUBLIC VIDEO RECORDED DATA WITHOUT A WARRANT.

5.4.8 ANY PERSON CHARGED WITH A CRIMINAL OR CIVIL OFFENSE OR THEIR AGENT SHALL BE PROVIDED ONLINE ACCESS TO RELEVANT PUBLIC VIDEO SYSTEM RECORDINGS AND RELATED REPORTS OR CERTIFIED COPIES OF SUCH RECORDINGS AND REPORTS UPON REQUEST AND AT NO CHARGE WITHIN TEN BUSINESS DAYS OF THE REQUEST. THIS SHALL INCLUDE RECORDINGS FROM ON-OFFICER PUBLIC VIDEO RECORDING SYSTEMS AND OTHER PUBLIC VIDEO RECORDING SYSTEMS OPERATED UNDER AUTHORITY OF THE CITY. THEIR AGENT MAY INCLUDE, BUT IS NOT LIMITED TO ATTORNEYS, PARENTS, GUARDIANS, SPOUSE, OR OTHER REPRESENTATIVE.

5.4.9 ANY PERSON WHO APPEARS IN A VIDEO FROM A PUBLIC VIDEO RECORDING SYSTEM OPERATED UNDER THE AUTHORITY OF THE CITY SHALL BE PROVIDED ONLINE ACCESS TO THAT PORTION OF THE VIDEO IN WHICH THE PERSON APPEARS UPON REQUEST AND AT NO CHARGE, ACCESS TO THE VIDEO SHALL BE PROVIDED WITHIN TEN BUSINESS DAYS OF THE REQUEST, UNLESS A SHORTER PERIOD IS REQUIRED BY LAW. IN THE EVENT THAT THEIR APPEARANCE IN THE VIDEO IS NOT CONTINUOUS, THEY SHALL HAVE THE RIGHT TO OBTAIN A CONTINUOUS SEGMENT OF THE VIDEO WHICH STARTS BEFORE THEIR FIRST APPEARANCE, AND EXTENDS UNTIL AFTER THEIR FINAL APPEARANCE.

5.4.10 VIDEO WHICH IS A PUBLIC RECORD UNDER THE PROVISIONS OF THIS SECTION SHALL BE ACCESSIBLE TO THE PUBLIC THROUGH THE INTERNET, WITHOUT COST OR THE REQUIREMENT OF PERSONAL IDENTIFICATION BY THE VIEWER. A REQUEST FOR ACCESS TO A VIDEO WHICH IS PUBLIC RECORD MAY BE SATISFIED BY PROVIDING, VIA EMAIL, A LINK TO THE PARTICULAR VIDEO WHICH HAS BEEN REQUESTED.

5.4.11 VIDEO WHICH IS NOT SUBJECT TO PUBLIC DISCLOSURE UNDER THESE PROVISIONS SHALL BE PROTECTED, BY PASSWORD OR OTHER MEANS, FROM GENERAL ACCESS. THE CITY SHALL PROVIDE A CERTIFIED COPY UPON REQUEST TO ANY PARTY WHO APPEARS IN THE VIDEO AT ANY TIME, AND UPON REQUEST TO ANY PARTY WITH AN OWNERSHIP INTEREST IN THE NON-PUBLIC PLACE WHERE THE VIDEO WAS RECORDED. ONLINE ACCESS TO VIDEO WHICH IS NOT SUBJECT TO PUBLIC DISCLOSURE, AS PROVIDED UNDER THE TERMS OF THIS SECTION, SHALL REQUIRE PERSONAL IDENTIFICATION OF THE AUTHORIZED VIEWER, A PASSWORD, OR OTHER MEANS OF RESTRICTING PUBLIC ACCESS TO THE VIDEO.

5.4.12 EXCEPT AS OTHERWISE REQUIRED BY LAW, LAW ENFORCEMENT OFFICERS SHALL NOT EDIT, ALTER, ERASE, OR DISTRIBUTE ANY VIDEO FROM ON-OFFICER VIDEO SYSTEMS, OR DASH CAMERA VIDEO SYSTEMS, OR POLICE DEPARTMENT VIDEO SYSTEMS, OR OTHER PUBLIC VIDEO RECORDING SYSTEMS. NO LAW ENFORCEMENT OFFICER SHALL REVIEW OR RECEIVE AN ACCOUNTING OF ANY ON-OFFICER VIDEO PRIOR TO COMPLETING A RECORDED STATEMENT REGARDING THEIR PERCEPTION OF THE RECORDED EVENT; AN INCIDENT REPORT; ANY REQUIRED INITIAL REPORTS; AND ANY REQUIRED INTERVIEWS REGARDING THE RECORDED EVENT.

5.4.13 USE OF FORCE INCIDENTS SHALL BE FLAGGED BY THE SUPERVISOR AND ALL RELATED RECORDINGS MADE BY PUBLIC VIDEO RECORDING SYSTEMS REVIEWED BY THE DEPARTMENT HEAD. THE DEPARTMENT HEAD SHALL PROVIDE A MONTHLY STATUS REPORTS AND RELEVANT VIDEO RECORDINGS OF ALL USE OF FORCE INCIDENTS TO THE CITY COUNCIL. THESE REPORTS SHALL INCLUDE ALL OF THE FOLLOWING WHICH SHALL BE DISCLOSED TO THE CITY COUNCIL ON AN ONGOING BASIS AS THEY ARE CREATED: REPORTS OF INDIVIDUAL OFFICERS INVOLVED IN THE INCIDENT, REPORTS OF INDIVIDUAL OFFICERS WHO WITNESSED THE INCIDENT, LIST OF CRIMINAL AND CIVIL CHARGES RESULTING FROM THE INCIDENT, REPORTS FROM ANY INDIVIDUALS WHO INVESTIGATED THE INCIDENT AS AN EMPLOYEE OF OR UNDER CONTRACT TO THE CITY, REPORTS INDICATING IF THE USE OF FORCE WAS CONSIDERED JUSTIFIED BY THE HEAD OF THE DEPARTMENT, CONCLUSION OF THE INVESTIGATOR(S), AND A LIST OF ALL DISCIPLINARY ACTIONS TAKEN. COPIES OF THE WRITTEN REPORT SHALL BE MADE AVAILABLE TO THE PUBLIC FREE OF CHARGE AND ON THE CITY WEBSITE WITHIN TEN BUSINESS DAYS OF HAVING BEEN PRESENTED TO THE CITY COUNCIL, UNLESS A SHORTER PERIOD IS REQUIRED BY LAW NOTWITHSTANDING ANY DISCRETIONARY AUTHORITY TO CLOSE SUCH RECORDS OR CHARGE FOR SUCH RECORDS UNDER FEDERAL OR STATE LAW, IT IS THE PUBLIC POLICY OF THE CITY OF FERGUSON TO WAIVE SUCH DISCRETIONARY AUTHORITY AND MAKE SUCH PUBLIC RECORDS AVAILABLE FOR PUBLIC ACCESS OR INSPECTION AT NO CHARGE.

5.4.14 THE DEPARTMENT HEAD SHALL MAINTAIN A DATABASE OF ALL CITIZEN COMPLAINTS WHERE VIDEO FROM ON-OFFICER PUBLIC VIDEO RECORDING SYSTEMS OR, OTHER PUBLIC VIDEO RECORDING SYSTEMS OPERATED UNDER AUTHORITY OF THE CITY EXIST. THIS DATABASE SHALL INCLUDE DETAILS ABOUT ACTIONS TAKEN ON THOSE COMPLAINTS, RESULTING DISCIPLINARY ACTION, AND A COPY OF THE RESPONSE ISSUED TO THE PERSON MAKING THE COMPLAINT. IN THE CASE OF COMPLAINTS ABOUT A SPECIFIC INCIDENT INVOLVING AN OFFICER, THE COMMANDING OFFICER SHALL REVIEW THE RELEVANT RECORDING, AND THE DEPARTMENT HEAD SHALL PROVIDE ONLINE ACCESS TO THE VIDEO AND A WRITTEN RESPONSE TO THE PERSON MAKING THE COMPLAINT. A LIST COMPILED FROM THIS DATABASE INCLUDING PENDING AND RESOLVED COMPLAINTS SHALL BE PROVIDED MONTHLY AS A REPORT TO THE CITY COUNCIL AND MADE AVAILABLE TO THE PUBLIC FREE OF CHARGE AND ON THE CITY WEBSITE. NOTWITHSTANDING ANY DISCRETIONARY AUTHORITY TO CLOSE SUCH RECORDS OR CHARGE FOR SUCH RECORDS UNDER FEDERAL OR STATE LAW, IT IS THE PUBLIC POLICY OF THE CITY OF FERGUSON TO WAIVE SUCH DISCRETIONARY AUTHORITY AND MAKE SUCH PUBLIC RECORDS AVAILABLE FOR PUBLIC ACCESS OR INSPECTION AT NO CHARGE.

5.4.15 THE DEPARTMENT HEAD SHALL ISSUE A LETTER OF MISCONDUCT TO THE OFFICER IN EACH INCIDENT WHEN OFFICERS FAILED TO USE THE ON-OFFICER VIDEO SYSTEM, AND THE OFFICER(S) RECEIVING THE LETTER(S) SHALL ACKNOWLEDGE RECEIPT OF THE NOTIFICATION WITH A VERIFIED SIGNATURE AND PROVIDE A SIGNED WRITTEN RESPONSE EXPLAINING THEIR FAILURE TO ACTIVATE THE SYSTEM. A COPY OF THE LETTER OF MISCONDUCT SHALL BE GIVEN TO THE OFFICER, ANOTHER COPY SHALL BE PLACED IN THE OFFICER’S EMPLOYMENT RECORD, A COPY SHALL BE KEPT BY THE DEPARTMENT HEAD, AND A COPY SHALL BE PROVIDED TO THE CITY COUNCIL. MONTHLY THE DEPARTMENT HEAD SHALL CREATE A MISCONDUCT REPORT LISTING ALL THE LETTERS OF MISCONDUCT ISSUED, THIS REPORT SHALL LIST THE REASON EACH MISCONDUCT LETTER WAS ISSUED AND THE NAME OF THE OFFICER RECEIVING THE LETTER OF MISCONDUCT. IN THE CASE OF A SINGLE EMPLOYEE RECEIVING TWO LETTERS OF MISCONDUCT IN A ONE MONTH PERIOD OR FIVE LETTERS OF MISCONDUCT IN A SIX MONTH PERIOD, THE DEPARTMENT HEAD SHALL PROVIDE THE CITY COUNCIL WITH AN INDIVIDUAL EMPLOYEE ASSESSMENT REPORT AT THE NEXT CITY COUNCIL MEETING. THE MISCONDUCT REPORT SHALL BE POSTED ONLINE MONTHLY. NOTWITHSTANDING ANY DISCRETIONARY AUTHORITY TO CLOSE SUCH RECORDS OR CHARGE FOR SUCH RECORDS UNDER FEDERAL OR STATE LAW, IT IS THE PUBLIC POLICY OF THE CITY OF FERGUSON TO WAIVE SUCH DISCRETIONARY AUTHORITY AND MAKE SUCH PUBLIC RECORDS AVAILABLE FOR PUBLIC ACCESS OR INSPECTION AT NO CHARGE.

5.4.16 UNEDITED RECORDINGS DIRECTLY RELEVANT TO INCIDENT REPORTS, OR COMPLAINTS, OR USE OF FORCE INCIDENTS, OR ACTIVE CRIMINAL PROCEEDINGS, OR ACTIVE CIVIL LITIGATION, OR OTHER ONGOING INVESTIGATION(S) SHALL BE RETAINED; ALL OTHER RECORDINGS SHALL BE ERASED AFTER TWO YEARS UNLESS LONGER PRESERVATION IS OTHERWISE REQUIRED BY FEDERAL OR STATE LAW.

5.4.17 IT SHALL BE THE RESPONSIBILITY OF THE CITY MANAGER TO REPORT MONTHLY ON THE STATUS OF COMPLIANCE WITH THIS AMENDMENT. THIS REPORT SHALL BE PRESENTED AT OPEN PUBLIC MEETINGS AND AVAILABLE ON THE CITY WEBSITE.

5.4.18 NO PERSON SHALL BE PROHIBITED FROM EMPLOYING A CAMERA OR VIDEO SYSTEM TO RECORD AND PRESERVE EVIDENCE OF PUBLIC GOVERNMENTAL MEETINGS AS DEFINED BY MISSOURI PUBLIC MEETINGS LAW OR OF THE ACTIONS OF POLICE OR OTHER GOVERNMENT PERSONNEL IF SAID PERSON IS IN A PUBLIC PLACE OR ON THEIR OWN PROPERTY OR ON ANY PRIVATE PROPERTY FOR WHICH THEY HAVE PERMISSION TO BE. A PERSON TAKING PICTURES OR FILMING POLICE OR OTHER GOVERNMENT PERSONNEL SHALL BE FULLY RESPONSIBLE FOR ANY MISUSE OR PROPRIETARY USE OF THE INFORMATION SO OBTAINED.

5.4.19 INSOFAR AS IS ALLOWED BY STATE AND FEDERAL LAW, SHOULD ANY LAW ENFORCEMENT OFFICER, CITY EMPLOYEE OR AGENT FAIL TO ADHERE TO THE RECORDING OR RETENTION REQUIREMENTS CONTAINED IN THIS SECTION, OR INTENTIONALLY INTERFERE WITH A PUBLIC VIDEO RECORDING SYSTEM’S ABILITY TO ACCURATELY CAPTURE VIDEO FOOTAGE, ADDITIONAL APPROPRIATE DISCIPLINARY ACTION SHALL BE TAKEN AGAINST THE INDIVIDUAL OFFICER, EMPLOYEE OR AGENT. A REBUTTABLE EVIDENTIARY PRESUMPTION SHALL BE ADOPTED IN FAVOR OF MUNICIPAL CRIMINAL DEFENDANTS WHO PROVES BY A PREPONDERANCE OF THE EVIDENCE THAT EXCULPATORY EVIDENCE WAS DESTROYED OR NOT CAPTURED AS A RESULT OF MISCONDUCT; AND A REBUTTABLE EVIDENTIARY PRESUMPTION SHALL BE ADOPTED ON BEHALF OF CIVIL PLAINTIFFS SUING THE FERGUSON CITY GOVERNMENT, FERGUSON CITY LAW ENFORCEMENT AGENCY AND/OR FERGUSON CITY LAW ENFORCEMENT OFFICERS FOR DAMAGES BASED ON POLICE MISCONDUCT WHO PROVE BY A PREPONDERANCE OF THE EVIDENCE THAT EVIDENCE SUPPORTING THEIR CLAIM WAS DESTROYED OR NOT CAPTURED AS A RESULT OF MISCONDUCT. THE DISCIPLINARY ACTION REQUIREMENT AND REBUTTABLE PRESUMPTIONS MAY BE OVERCOME BY CONTRARY EVIDENCE OR PROOF OF EXIGENT CIRCUMSTANCES THAT MADE COMPLIANCE IMPOSSIBLE.

5.4.20 DEFINITIONS AS USED IN THIS SECTION:

“CITY” SHALL BE DEFINED AS THE CITY OF FERGUSON, MISSOURI. “DEPARTMENT HEAD” SHALL BE DEFINED AS THE TOP ADMINISTRATOR OF ALL DEPARTMENTS, AGENCIES, BOARDS, AND COMMISSIONS OPERATING UNDER THE AUTHORITY OF THE CITY CHARTER OR CITY ORDINANCE, IF THERE IS NO IDENTIFIABLE TOP ADMINISTRATOR THE CITY MANAGER SHALL BE CONSIDERED THE DEPARTMENT HEAD. _ “INDIVIDUAL EMPLOYEE ASSESSMENT REPORT” SHALL BE DEFINED AS A WRITTEN DOCUMENT CREATED BY THE DEPARTMENT HEAD LISTING ALL LETTERS OF MISCONDUCT RECEIVED BY THE EMPLOYEE WHILE EMPLOYED BY THE CITY, AND ANY DISCIPLINARY ACTIONS TAKEN AGAINST THE EMPLOYEE. “LAW ENFORCEMENT OFFICER” SHALL BE DEFINED AS ANY AGENT, OR EMPLOYEE OF LOCAL GOVERNMENT, AUTHORIZED BY LAW OR BY A GOVERNMENT AGENCY TO ENGAGE IN OR SUPERVISE THE PREVENTION, DETECTION, OR INVESTIGATION OF ANY VIOLATION OF CRIMINAL LAW, OR AUTHORIZED BY LAW TO SUPERVISE SENTENCED CRIMINAL OFFENDERS. THIS INCLUDES FULL, PART-TIME AND AUXILIARY PERSONNEL, WHETHER PAID OR VOLUNTEER. “LAW ENFORCEMENT” SHALL BE DEFINED AND INTERPRETED AS THE PREVENTION AND DETECTION OF CRIME AND THE ENFORCEMENT OF THE GENERAL CRIMINAL LAWS OF THIS STATE, AS PROVIDED BY STATE STATUTES AND MUNICIPAL ORDINANCES, INCLUDING THE WRITING OF TICKETS FOR MUNICIPAL MOTOR VEHICLE AND TRAFFIC ORDINANCE VIOLATIONS AND LAWS OF THIS STATE, AND SHALL ALSO INCLUDE ROAD PATROL, CRIME DETECTION, CRIME PREVENTION, AND CRIMINAL APPREHENSION, AS WELL AS ANY NECESSARY SUPERVISION OF LAW ENFORCEMENT PERSONNEL, OR OTHER CIRCUMSTANCES INVOLVING PUBLIC SAFETY, A BREACH OF PEACE, CIVIL INFRACTIONS, ACCIDENTS OR ACCIDENTAL INJURIES, AND ANY RELATED GOVERNMENTAL LAW ENFORCEMENT FUNCTIONS AS AUTHORIZED BY THE AUTHORITY OF THE MUNICIPALITY. “LETTER OF MISCONDUCT” SHALL BE DEFINED AS A WRITTEN DOCUMENT REPORTING ACTIONS UNDERTAKEN BY A PUBLIC EMPLOYEE IN VIOLATION OF THIS CHARTER OR CITY CODE OR ORDINANCES OR CITY POLICY OR DEPARTMENT POLICY, SIGNED BY THE EMPLOYEE’S SUPERVISOR AND THE DEPARTMENT HEAD AND THE EMPLOYEE. “PERSON” MEANS ANY INDIVIDUAL, ASSOCIATION, OR ANY BUSINESS OR NOT FOR PROFIT ENTITY. “PUBLIC PLACE” SHALL BE DEFINED AS ANY LOCATION TO WHICH THE PUBLIC HAS ACCESS BY RIGHT OR BY INVITATION, EXPRESSED OR IMPLIED, WHETHER BY PAYMENT OF MONEY OR NOT, INCLUDING BUT NOT LIMITED TO STREETS, PARKS, PUBLIC BUILDINGS, BUSINESSES WHICH SERVE THE PUBLIC, AND ANY VEHICLE WHICH IS IN A PUBLIC PLACE. “PUBLIC VIDEO RECORDING SYSTEM” SHALL BE DEFINED TO INCLUDE ANY OF THE FOLLOWING: ON-OFFICER VIDEO SYSTEMS, POLICE VEHICLE DASH CAMERA SYSTEMS, POLICE DEPARTMENT VIDEO SYSTEMS, VIDEO RECORDING SYSTEMS OPERATED UNDER AUTHORITY OF THE CITY. _ “UNDERCOVER” SHALL BE DEFINED AS ACTIONS IN AN INVESTIGATION EXPLICITLY AUTHORIZED BY THE DEPARTMENT HEAD RELATING TO A SPECIFIC OFFICER CONCEALING THEIR IDENTITY AS A POLICE OFFICER. “USE OF FORCE” SHALL BE DEFINED AS ANY INTERACTION BETWEEN TWO OR MORE INDIVIDUALS ONE OR MORE OF WHICH IS A LAW ENFORCEMENT OFFICER FOR THE PURPOSE OF COMPELLING COMPLIANCE BY WAY OF PHYSICAL CONTACT, OR THREAT OF PHYSICAL CONTACT, OR USE OF A WEAPON, OR THREAT OF USE OF A WEAPON. “VIDEO” SHALL INCLUDE ALL RECORDED DATA INCLUDING BUT NOT LIMITED TO VIDEO, SOUND, TIMESTAMPS AND METADATA ATTACHED TO RECORDED DATA.

5.4.21 NOTHING IN THIS CHAPTER SHALL BE READ TO CONTRAVENE ANY LAWS GOVERNING THE TRANSFER, MAINTENANCE AND DESTRUCTION OF EVIDENCE IN CRIMINAL INVESTIGATIONS AND PROSECUTIONS.