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HomeMy WebLinkAboutPublic Services Minutes 3-20-17 Minutes City of Cottage Grove Public Services Commission Meeting March 20, 2017 Pursuant to due call and notice thereof, a Cottage Grove Public Services Commission Meeting was held on March 20, 2017. CALL TO ORDER Meeting called to order at 7:00 p.m. ROLL CALL Members Present: Dornsbach, Robert Griffith, Kent Ingram, Steve Lewis, Jody Podoll, Jeff Rediske, Lise Staloch, Peter Serpico, William Members Absent: Forsythe, Pat Campbell, Robert Staff Present: Koerner, Pete - Police Captain Redenius, Rick – Fire Chief Taylor, Harry – Public Works Supervisor Martin, Gwen – Police Sergeant Peterson, Brad – Police Sergeant Rinzel, Rick – Police Captain Others Present: Wayne Johnson, Councilmember Approval of Agenda Agenda – Recommendation to approve Agenda by Dornsbach and seconded by Staloch. Approval of Minutes Recommendation to approve November 20, 2016 meeting minutes by Ingram and seconded by Griffith. Open Forum None Presentations HERO Center – Captain Rick Rinzel Captain Rinzel updated the Commission on the HERO Center. Rinzel stated there is a regional need for this facility. There is not another like it in the east metro. The site for the center will be the 9 acres next to City Hall. The City is working with Met Council and the County to purchase the land. Rinzel stated the project cost is estimated at $18.9 to 19.8 million. This estimate is based on when the project begins and is factoring a 3% increase each year it is delayed. Some of the ideas for saving money have been trying to split the cost with another community, state funding or finding another capital partner private or public. Operating costs are still being determined. A company has been hired to break down some better numbers and determine ways to recapture revenue by renting the facility. Ingram asked if there is concern regarding noise pollution from the site. Rinzel responded there is not concern for the land owners. The only noise would be inside the facility. Police Department Body Cameras - Sergeant Gwen Martin & Sergeant Brad Peterson Sergeant Martin and Sergeant Peterson gave a police department body camera presentation to the Commission. Peterson explained the use of body cameras in law enforcement is new. The primary use of using the body cameras is to capture evidence arising from police-citizen encounters. This technology allows for collection of information, accountability and transparency but the privacy of those being recorded leaves some concern. The body camera policy key points include: The policy should outline the circumstances when recording is mandatory, prohibited, or allows officer discretion. The policy should concise, reasonable, and practical as to not induce inadvertent policy violations or interfere with the officers primary duties. The policy should be specific enough to provide clear and consistent guidance, yet allows officer’s room for flexibility as the program evolves. Law enforcement agencies considering the use of body cameras must consider the following issues: When should (or should not) officers activate their body cameras? When are officers permitted to pause or terminate BWC recordings? Must officers inform citizens that a BWC is recording their interaction? Are officers permitted to review BWC recordings when preparing reports, or when preparing for courtroom testimony or an internal affairs investigation? Are officers permitted to review BWC recordings following critical incidents? When may supervisors review BWC recordings? How are BWC’s recordings labeled and stored? What are the retention periods for BWC recordings? What is the process for releasing BWC recordings under public data requests? Ingram expressed his concern regarding allowing the officers to activate and deactivate the camera at their discretion. Ingram stated the cameras should be left on all the time to avoid accusations that could be made if the cameras were not activated during a necessary time. Griffith expressed concern the officers may forget to activate the cameras in high stress situations. Staloch asked what the data retention policy and the costs associated would be. Rinzel responded stating each file would be evaluated for length of retention. Files with little or no value would not be kept as long as files needed for cases. Staloch asked if each call would be treated as individual. Peterson responded that currently on the vehicle cameras each traffic stop is a new recording. Martin added that it would not be possible to keep the camera on the entire shift because there is time when the officer is on break or there is a slow period of time during the shift. Staloch asked if there is a visible indicator that shows you are being recorded. Peterson responded yes there is a red light on the front of the vest. Peterson continued with the presentation with the exception to the mandatory recording being considered; Officers need not activate their cameras when it would be unsafe, impossible, or impractical to do so. When assigned to an undercover, or plain-clothed detail for surveillance or investigative purposes, officers need not be equipped with a body camera. The following exceptions are under debate: Officers may exercise discretion to protect the privacy of victims and witnesses of a crime. When determining whether to record, officers must balance the needs of the investigation with the privacy concerns of the victims or witnesses. Upon the demand or request of a citizen. Medicals and mental health crisis Ingram reiterated his concern with allowing the officers to have the discretion to turn off the cameras. Ingram believes the camera should be on for every call. Lewis expressed her concern regarding using the camera’s when there is a mental health issue or with children. Lewis believes both are very vulnerable and asked if the police would be taking into consideration HIPAA. Martin replied the camera footage would be private and data practices would be followed. Lewis added that if charges are brought against someone and a minor was involved the footage may become part of the court case making it public. Lewis added this is a very slippery slope. Peterson responded that there are things that can be done to protect innocent victims. An example would be to blur items for privacy. Serpico asked how the data transfer would work and if officers would be allowed to view the data. Peterson stated it would depend on the situation. Griffith asked what other communities do when citizens ask to have the camera shut off. Martin responded the officer has to weigh the situation and make a decision that works with the individual situation and person. Staloch stated officers should be able to use discretion. Peterson stated he feels strongly about officers being given the authority to use discretion and shut off the camera. It sends a message that the community trusts the officer enough to allow their judgement in these situations. Peterson asked if the videos could be made public. Rinzel replied if there is a court order they could become public. Ingram stated the police department may have the authority to turn the camera off but what if a perpetrator tries to sue. Martin replied that just because the body camera is on doesn’t mean it is shooting every little detail. She is willing to have a situation where the body camera is turned off or blocked and doesn’t catch an entire confrontation to come down to her word in a court of law. Rediske asked if the residents need to be informed they are being recorded. Martin stated officers have no affirmative duty to inform citizens that they are being recorded but when it is practical they could. Peterson continued his presentation stating the following are when officers may view their recordings. To prepare a report To defend against an allegation of misconduct To prepare for an internal affairs investigation To prepare for a courtroom testimony For field training Or with authorization from a supervisor. Peterson stated officers would not be able to view recordings following a critical incident. Supervisors would review recordings routinely to ensure the equipment is operating properly, officers are complying with policy and to identify areas where additional training is needed. Rinzel gave a brief description of how the recordings would be transferred and how the recordings would be accessed. Rinzel added the police department purchased their new server with the anticipation of purchasing body cameras and bought a large enough server to keep records at City Hall. This saves money because there is no need to purchase space in the cloud and it keeps the information more secure. Staloch asked if officers would be granted authority to delete files. Peterson stated no. Lewis asked who would determine when there is a need to edit the film. Peterson stated that would be determined by data protection and statues. Staloch asked if the City is close to selecting software. Rinzel stated the Police have been working with a company that would combine the car, backseat and body cameras. It would allow for simultaneous viewing and show all angles in an incident. This software should be released in 2018. Koerner stated the Police Department had conversations with finance during the 2016 budget talks. He was given direction to work through the policies and then present prices. The next step would be a public meeting and to present to Council. Staloch asked who would view all this data. Koerner stated they would be asking for a second evidence person to handle data. New Business Appoint Public Service Vice-Chair Steve Ingram nominated Lisa Rediske for Public Service Commission Vice-Chair. Griffith seconded the nomination and it passed unanimously. Old Business None Response to Previously Raised Commission Requests None Commission Comments and Requests None Staff Reports and Educational Material Public Works – Taylor updated the Commission on tasks being completed by the Public Works Department which included: Patching Sweeping Snow removal Holding ponds clearing/cleaning Repairing Manholes E Pt Douglas shouldering work Industrial park flow tests DOT inspections Pavement Management update Preparing for a busy construction year Police – Koerner briefed the Commission regarding tasks completed in March which included: Sunday night domestic assault. Victim was able to vacate the premises. SWAT had to breach the door. The perpetrator ran out the back door where officers were waiting to arrest him. Drunk driver lost control of his vehicle and hit a house. An off duty officer heard the accident and rushed to the scene to arrest the man. Purchased 2 new squad cars 6 new officers on patrol with field training officers Will be recognizing new reserve officers at Council. Budget will begin soon Reminder to catch the annual report on video. Tammy will send to Commission. Fire – Redenius updated the Commission on some of the activities the Fire Department has been working on which included: 160 EMS Calls 13 Fire Calls Preparing for the move to the BEC. Operations will begin 4/1/17 Begin training in old station before demolition 4/12-4/19 Conducted background checks on new part-time staff Held a successful open house at the Fire Department Yearly apparatus inspections New station bids opened 3/9/17. Ingram questioned if the City is using low bid or best value for the project. Redenius replied best value. Council Comments Lewis will be appointed the Public Services Commission Chair Rediske will be appointed to Public Services Vice-Chair Hadley Ave improvements phase two will begin on April 3, 2017 Hoffman and McNamera are authorized to begin City tree planting – Rediske questioned if the City replaces the removed trees with trees that are equivalent. Taylor responded that the forestry department does its best to replace trees with nice new trees. We cannot put a 25 year old tree back in your yard but they do their best to find a nice large tree that will flourish in the soil and lighting in the homeowner’s yard. Lennar homes concept plans for 355 residents with quad homes and villas will begin in late summer. Hidden Valley has been approved with rezoning to feature villas. Commission Comments Reminder there is no Public Service Commission meeting in December. Commissioners and staff thanked Commissioner Jurgens for his service on the Public Services Commission and to wish him the best as MN House 54B Representative. This was Jurgens last meeting as a Public Service Commissioner. Adjournment – Motion to adjourn by Dornsbach at 8:37pm and seconded by Serpico