Fiscal Note
The proposed resolution implements a Body-Worn Camera Pilot Program in the Police Department (MPD) in 2023, subject to appropriations in the 2023 Capital Budget and Operating Budget. The 2021 capital budget included $83,000 in GO Borrowing for approximately 48 body worn cameras, related equipment and training (which was adopted as a carryforward appropriation in the 2022 capital budget). The project funds a one-year pilot program in the North District for Patrol Officers, Sergeants, and the Community Policing Team. The pilot will require approximately $55,000 in operating funds to cover overtime for processing the video. MPD has indicated that the Department intends to absorb these costs within their existing 2022 adopted operating budget. Their ability to do so depends on the number of extraordinary events (homicides, shots fired, protests, etc.) that require overtime and other unknown events that may occur in 2022. An appropriation to MPD may be necessary later in the year to cover these costs. The capital project assumed purchasing the cameras, however, after further investigation MPD anticipates securing cameras on loan without cost. This resolution updates how the pilot will proceed, including the contingency requiring approval of funds in the City’s 2023 budgets. use of the budgeted funds for costs associated with implementing the pilot project.
Title
SECOND SUBSTITUTE. Implementing Body-Worn Camera Pilot Program
Body
DRAFTER’S ANALYSIS: This Second Substitute Resolution incorporates the requirements of the Surveillance Technology Ordinance, and adds conditions related to implementation of the body camera pilot program., and makes approval of the pilot program contingent on appropriations in the City’s 2023 Capital and Operating Budgets.
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WHEREAS, the Common Council established the Body-Worn Camera Feasibility Review Committee in April of 2020 in order to revisit the issue of whether the Madison Police Department (MPD) should establish a body-worn camera program and provide recommendations to the Common Council; and
WHEREAS, the Body-Worn Camera Feasibility Review Committee met 26 times over seven months and completed its work on January 26, 2021, submitting its Report to the Common Council containing its analysis and recommendations; and
WHEREAS, the Report concluded that, while the use of body-worn cameras will not address all concerns City of Madison Page 1 of 2 Printed on 4/12/2022 powered by Legistar, File #68625, Version: 1 regarding policing, if body-worn cameras are implemented by MPD according to specific requirements and policies, along with the establishment of the Police Civilian Oversight Board and the Police Independent Monitor position, body-worn cameras can play a role in improving both police performance and community trust in the actions of law enforcement and the criminal justice system; and
WHEREAS, the Report recommended that MPD implement a pilot program of body-worn cameras in order to collect data and assess the impacts and effects of MPD officers wearing body-worn cameras, subject to a series of policies and practices outlined in the Report; and
WHEREAS, on November 16, 2021, the Quattrone Center for the Fair Administration of Justice issued a Sentinel Event Review of MPD’s response to the 2020 protest events; and
WHEREAS, as part of this review process the Quattrone Center recommended that the City should consider whether the benefits of body-worn camera technology outweigh the privacy concerns; and
WHEREAS, Police Chief Barnes should have input into the specific policies and procedures governing the use of body-worn cameras by MPD officers; and
WHEREAS, the Common Council approved the amount of $83,000 in MPD’s 2021 Capital Budget in order to purchase a body-worn camera pilot program; and
WHEREAS, the Madison Police Department budget has funds for coverage of extraordinary events (homicides, shots fired, protests, etc.) that require overtime and other unknown events that may occur in 2022, but these funds are not unlimited and are not intended to cover operating costs for pilot programs; and
WHEREAS, officer time needed for bodycam-related tasks -- e.g., viewing video when necessary, tagging video, providing input for redaction when necessary, uploading video, and related administrative work such as responding to public records requests for video and performing redactions when needed, preparing video for the district attorney, ensuring video is properly stored, etc. should be accounted for in the design and implementation of the “rigorous, randomized trial” included in the Body-Worn Camera Pilot, and
WHEREAS, training will be required for all officers using body-worn cameras in order to comply with department SOPs, and therefore should be accounted for in the design and implementation of the “rigorous, randomized trial” included in the Body-Worn Camera Pilot, and
WHEREAS, it was agreed upon that the body-worn cameras are considered surveillance technology and covered by Madison General Ordinance (MGO) Section 23.63; and
WHEREAS, the Madison Police Department has met all requirements under MGO Sec. 23.63, including holding a public meeting to receive input; and
WHEREAS, a body-worn camera pilot program will provide information and data to MPD and the Common Council which will assist in assessing whether body-worn cameras should be worn by City of Madison police officers:.
NOW THEREFORE BE IT RESOLVED, that the Common Council authorizes the Madison Police Department to implement a pilot program for body-worn cameras according to specific criteria; and
BE IT FURTHER RESOLVED, that the requirements of Madison General Ordinance Section 23.63(4)(a) have been complied with and are incorporated herein as Attachment A; and
BE IT FURTHER RESOLVED, that a pilot for Body-Worn Cameras in the City of Madison is required to attempt to implement recommendations listed in the final report of the Body-Worn Camera Feasibility Review Committee to the greatest extent feasible unless prohibited by state or federal law, or outside the City’s purview, including, but not limited to, the stipulation that “arrangements be made for a rigorous, randomized controlled trial”; and the Council direct the Mayor’s office to collaborate with outside entities to advance the Body Worn Camera Feasibility Review Committee recommendations; and
BE IT FURTHER RESOLVED, that a Body Worn Camera Pilot shall not proceed until the pilot program and policy has been reviewed by the office of the City Attorney to determine verify substantial compliance with the provisions of the above paragraph and the Common Council votes to recognize said compliance;, ; and
BE IT FURTHER RESOLVED, that officer time for tasks related to body-worn cameras during the pilot shall be recorded in work logs in order to gain a better understanding of the complete and true costs for Body-Worn Camera utilization, and that this requirement shall be stipulated in Madison Police Department’s Standard Operating Procedures during the extent of the pilot; and
BE IT FURTHER RESOLVED, that after conducting a thorough review of the implementation of the body-worn camera pilot program the Madison Police Department shall submit a report to the Common Council that describes Madison Police Department’s use of the cameras, policies and procedures governing their use, and qualitative and quantitative data related to their use, officer time and administrative staff time needed for body-cam related tasks and training; and that report shall be subject to evaluation by a third party identified by the Common Council; and
BE IT FURTHER RESOLVED, as MPD anticipates securing cameras on loan without cost, the original capital authorization for this project may be modified as part of the City’s 2023 Capital Budget and/or Operating Budget, such that MPD may utilize funding for any costs associated with implementing this pilot project in 2023, including but not limited to; personnel costs such as overtime and benefits, external policy review consultants, and other related supplies and/or service expenses;
BE IT FINALLY RESOLVED, that upon receipt of said report the Common Council will refer the report to the Madison Civilian Oversight Board and Independent Monitor for a thorough review of the report to assess the impacts and effects costs and benefits of MPD officers wearing body-worn cameras.