completed investigation with attachments, 05-11-15

1Ron Oremus

From: Ron OremusSent: Wednesday, April 15, 2015 11:37 AMTo: tim seltz; Joseph HendricksSubject: RE: Formal Citizen Complaint - 14.049404 FOIA Josephine/Highland

Tim,Wehavereceivedyourcitizenscomplaintinyouremail(below).RonCaptain Ron Oremus Criminal Investigation Division Waukesha Police Department 1901 Delafield St, Waukesha, WI 53188 262-524-3765 [email protected] OurMission:ApledgetoServewithIntegrity,HonorandCourage!TheopinionsexpressedaremineanddonotnecessarilyrepresentthoseoftheCityofWaukesha.From: tim seltz [mailto:[email protected]] Sent: Tuesday, April 14, 2015 6:26 PM To: Joseph Hendricks Cc: Ron Oremus Subject: Formal Citizen Complaint - 14.049404 FOIA Josephine/Highland Mr.JosephHendricks,RonOremusistellingme9of10videosarenotavailablefromthisincident.I'mtoldthe10thvideomaynotworkeither.Youtoldme,atthebottomoftheincludedemail,thatyouwouldpreserveallvideosfromthisincident.Ihavesincerequestedtheserecordsapproximatelyevery45dayssincethisemail.IaskthatthisemailserveasaformalwrittencitizencomplaintinaccordancewithWPDGeneralOrders.IamcomplainingthattheofficerswhodidnotcapturethisincidentviaA/VviolatedtheMAVRSGeneralOrder.Ifthevideos/audiodidexistandwerepurged,Iamcomplainingthatyoupersonally,and/orothers,violatedyourobligationstopreservetheserecordsinaccordancewithChapter19ofWIStateStatutesandtheAttorneyGeneral'scomplianceoutline.ConcernedCitizen,TimSeltz1120LindenSt.

2

From:[email protected]:[email protected];[email protected]:[email protected]:RE:14.049404FOIAJosephine/HighlandDate:Tue,16Dec201422:14:16+0000Mr.Seltz,ReferenceyouropenrecordsrequestforreportsandvideosstemmingfromIncidentReport1449404:Thestatusofthisincidentreport(IR#1449404)isopenandactiveasithasnotyetbeenadjudicatedthroughthecourts;andassuchisnotsubjecttoreleaseunder19.35(1)(am)1.TherighttoinspectorcopythisrecordunderthissectionofWisconsinlawdoesnotapplytoanyofthefollowing:Anyrecordcontainingpersonallyidentifiableinformationthatiscollectedormaintainedinconnectionwithacomplaint,investigationorothercircumstancesthatmayleadtoanenforcementaction,administrativeproceeding,arbitrationproceedingorcourtproceeding,oranysuchrecordthatiscollectedormaintainedinconnectionwithsuchanactionorproceeding.ThereportsonthisarresthavebeenreferredtotheWaukeshaMunicipalAttorneysOfficeforprosecutionandaremaintainedandcollectedinconnectionwithacomplaintthatwillleadtoenforcementactionandarenotsubjecttoyourinspection.Youmaywishtocontacttheirofficetodetermineiftherecordsmaybeavailableunderdiscovery.Prematuredisclosurebylawenforcementwouldcompromisetheprosecutorsabilitytomakechargingdecisionsandmayhaveachillingaffectontheabilityoftheprosecutortoeffectivelyprosecutethecase.Itwouldjeopardizetheprosecutionsordefendantsabilitytoobtainanunbiasedjurypool.Inperformingabalancingtestbasedonthetotalityofthecircumstances,Ihavedeterminedthatthepublicinterestinnondisclosureoutweighsthepublicinterestinreleaseoftherecords.Therefore,thereleaseofthisrecordisbeingdeniedunderStateStatute19.35(1)(am)1asanexceptiontopublicrecordslawastherecordhasbeencollectedormaintainedinconnectionwithacomplaint,investigationorothercircumstancesthatmayleadtoanenforcementaction,administrativeproceeding,arbitrationproceedingorcourtproceeding.Copiesoftherecord(s)youhaverequestedfromthisincidenthavebeenpreservedforfuturereference.IhaveattachedtheCADCallforinspection.Lieutenant Joe HendricksCriminal Investigations DivisionWaukesha Police Department1901 Delafield St.Waukesha, WI 53188262-524-3766 "The opinions expressed are mine and do not necessarily represent those of the City of Waukesha."From:[email protected]:[email protected]:14.049404FOIAJosephine/HighlandDate:Tue,25Nov201419:13:470600

3Ms.Roberts,Pleaseprovideallpolicereportsanddashcamvideo/audiofromthisincidentforinspection.Pleasefirstprovideanestimateifmycostscouldpossiblyexceed$1.Thankyou,Tim

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Waukesha Police DepartmentCall Detail Report

** For official use only **

Wednesday, April 15, 2015 7:24:00

14.049404 1355 Josephine St,#A Disorderly Conduct (DC)

Stacked

Finished

Arrived

Dispatched

PriorityReported 09/21/2014

1

0:31:50 0:32:17

0:35:36

2:37:37

0:31:16 Units

Disposition

Case#

1205 - P408 - Satula, Gregory G118 - P448 - Esser, Brady T102 - P470 - Rowe, Justin R106 - P474 - Smidt, Nathan P110 - P477 - Wittnebel, Darin J116 - P478 - Enderle, Michelle N114 - P488 - Bousman, Jeremy 108 - P520 - Mullins, Roosevelt 118 - P532 - O'Boyle, Garret J116 - P534 - McNulty, Andrew M

Incident Report

14-049404

Page 1 of 4Key Power - Phoenix RMS ** Confidential, Unauthorized use prohibited **




Notes 9/21/14 0:31 Caller was outside and heard neighbors fighting. sounded physical.9/21/14 0:31 Update reviewed by dispatcher- Biwer, Kathryn M-P444

9/21/14 0:32 Calleer is anon. does not know neighbors.

9/21/14 0:32 Update reviewed by dispatcher- Biwer, Kathryn M-P444

9/21/14 0:32 Dispatched: 116, 1205

9/21/14 0:34 Names Added : Choinski, Jason M; Choinski, Alyssa Nicole;


9/21/14 0:37 1205 - does sound physical, have 1 more squad respond 10-39

9/21/14 0:39 1 male and 1 female, A side on the 2nd level

9/21/14 0:40 1205 - has cmd on the C side, enderle is at the front

9/21/14 0:39 Main entrance is on the A side, there is secondary entrance point on the c side

9/21/14 0:41 10-33 traffic ch 1

9/21/14 0:42 2 males on level 1, female still upstairs

9/21/14 0:43 Appears 1 m/h, 1 m/b - 1 subject made ref to taking a bullet for the other one

9/21/14 0:44 110/1205 on the C side - open area, no cover

9/21/14 0:44 F/w coming down the stairs

9/21/14 0:44 Stage fire, verbal only at this time

9/21/14 0:45 Less lethal on scene

9/21/14 0:45 All parties appear to be on level 1

9/21/14 0:45 M/H with white t, m/b is shirtless and female is wearing a cardigan and skirt

9/21/14 0:46 Command can no longer see the subjects

9/21/14 0:48 1205 - 2 males are going upstairs

9/21/14 0:49 Female is crawling up the stairs

9/21/14 0:50 Highland to josephine and take josephine east

9/21/14 0:52 Announcements being made

9/21/14 0:53 1205 - have a clear view of the staircase from the c side

9/21/14 0:54 Female is coming down

9/21/14 0:54 Female is going to the front door with hands up

9/21/14 0:54 All 3 headed to the front door

9/21/14 0:58 110 moving to front to assist in securing subjects

9/21/14 1:00 10-26 3 times

9/21/14 1:00 Esser/mcnulty/enderle/bousman going in to clear residence

9/21/14 1:04 Esser - having trouble breaching an interior door, will need the ram

9/21/14 1:05 Disregard - door is open

9/21/14 1:06 Residence is clear

9/21/14 1:07 118 - still need to clear the basement

9/21/14 1:09 Lift 10-33 clear fire

9/21/14 1:10 Names Added : Moore, Clayton J;

9/21/14 1:11 Names Added : Moore, Marc A;


9/21/14 1:13 10-26 subjects are alyssa choinski, marc moore and clayton moore

9/21/14 1:26 Terminate command, neg 10-16, uad

9/21/14 1:34 106 is 10-80 with marc, 10-19

9/21/14 1:39 110 is 10-80 10-19 with clayton

9/21/14 1:40 CFS from -> DOM to DC





9/21/14 1:41 Prime Unit Changed to - 106

9/21/14 1:42 Update reviewed by dispatcher- Orgas, James E-P662





9/21/14 1:48 Prime Unit Changed to - 116

9/21/14 2:30 Names Updated : Name changed from Moore, Marc A to Moore, Marc Alan;

Names Choinski, Jason MField Interrogation

Waukesha, WI 531861355 Josephine St #a Sex> Male Race> White

DOB> 11/04/75

Choinski, Alyssa NicoleField Interrogation

Waukesha, WI 53186455 Dunbar Ave Upper Sex> Female Race> White

DOB> 04/03/95

Moore, Clayton JField Interrogation

Milwaukee, WI 5322210075 W Lisbon Ave Sex> Male Race>

Black/African American DOB> 11/14/94

Moore, Marc Alan IIIField Interrogation

Milwaukee, WI 532097066 N 39th St Sex> Male Race> White -

Hispanic DOB> 06/08/93

Choinski, Alyssa NicoleCitation

Waukesha, WI 53186455 Dunbar Ave Upper Sex> Female Race> White

DOB> 04/03/95

Moore, Clayton JCitation



Moore, Clayton JCitation



Moore, Marc Alan IIICitation

Milwaukee, WI 532097066 N 39th St Sex> Male Race> White -

Hispanic DOB> 06/08/93





Unit History Date/Time Unit Officer Operator DispositionCC09/21/14 00:32:17 P534116 P444DI

09/21/14 00:32:17 P478116 P444DI

09/21/14 00:32:17 P4081205 P444DI

09/21/14 00:32:24 P534116 P534AC

09/21/14 00:32:24 P478116 P534AC

09/21/14 00:35:36 P4081205 P444OS

09/21/14 00:37:13 P488114 P444DI

09/21/14 00:37:19 P488114 P488AC

09/21/14 00:39:11 P477110 P444DI

09/21/14 00:39:22 P477110 P477AC

09/21/14 00:39:39 P532118 P444DI

09/21/14 00:39:39 P448118 P444DI

09/21/14 00:39:45 P534116 P444OS

09/21/14 00:39:45 P478116 P444OS

09/21/14 00:39:48 P532118 P532AC

09/21/14 00:39:48 P448118 P532AC

09/21/14 00:45:06 P532118 P444OS

09/21/14 00:45:06 P448118 P444OS

09/21/14 00:48:03 P520108 P427DI

09/21/14 00:49:17 P488114 P444OS

09/21/14 00:49:20 P477110 P444OS

09/21/14 00:51:59 P474106 P444DI

09/21/14 00:51:59 P474106 P444OS

09/21/14 00:53:27 P470102 P444DI

09/21/14 01:01:25 P520108 P444OS

09/21/14 01:01:28 P470102 P444OS

09/21/14 01:26:11 P488114 P444 Cleared/No ReportFI



09/21/14 01:35:06 P474106 P444ES




09/21/14 01:39:40 P477110 P444ES

09/21/14 01:43:46 P474106 P444OS

09/21/14 01:43:50 P477110 P444OS

09/21/14 01:48:32 P534116 P444 Incident ReportFI





1Ron Oremus

From: Scott ChristensenSent: Wednesday, April 15, 2015 11:29 AMTo: Ron OremusSubject: FW: No Audio for Squad 48

Sergeant Scott Christensen Waukesha Police Department 1901 Delafield St Waukesha, WI 53188 Desk (262) 524-3829 Dispatch (262) 524-3831 [email protected]"The opinions expressed are mine and do not necessarily represent those of the City of Waukesha."

From: Keith Harper [mailto:[email protected]] Sent: Wednesday, April 15, 2015 11:28 AM To: Scott Christensen Subject: No Audio for Squad 48 Steve, The issue with the video from September of 2014 on Squad 48 was caused by the DVR booting up with a recording trigger already active (i.e. lightbar). Because of the, the DVR began writing null audio to the audio slice files and never attempted to retrieve audio from the audio streams once they were available. This has been fixed in the version that we placed on the server and the DVRs should be updated the next time they dock. Regards

Keith Harper | CCNA R&S, Wireless, Security | Support Engineer

404-816-0300 Office | 678-892-8382 Direct

[email protected] | www.utility.com

Confidentiality Notice This message is being sent by or on behalf of Utility Associates, Inc. It is intended exclusively for the individual or entity to which it is addressed. This communication may contain information that is proprietary, privileged or confidential or otherwise legally exempt from disclosure. If you are not the named addressee, you are not authorized to read, print, retain, copy or disseminate this message or any part of it. If you have received this message in error, please notify the sender immediately by e-mail and delete all copies of the message.

WAUKESHA POLICE SUBJECT:DEPARTMENT MOBILE AUDIO-VIDEO RECORDING SYSTEMSGENERAL ORDERISSUED DATE: LAST UPDATE: NUMBER:

9-30-09 12-15-11 G.0.2009-04WILEAG STANDARDS: TOTAL PAGES:

NONE 4ISSUING AUTHORITY:RUSSELL P. JACK - CHIEF OF POLICE

I. PURPOSE

The purpose of this General Order is to provide gUidance concerning the use ofMobile Audio-Video Recording Systems (MAVRS) used by the Waukesha PoliceDepartment in patrol vehicles. This guidance includes the proper use of MAVRSand the procedures related to handling or downloading a recorded audio-video file.This General Order does not apply to handheld recording devices or audio-videosurveillance devices.

II. POLICY

It is the policy of the Waukesha Police Department to utilize MAVRS in Departmentpatrol vehicles. MAVRS will create an accurate record of events during whichmembers of the Department have contact with the general public. The DigitalPatroller provided by Digital Safety Technology is the designated MAVRS of theDepartment.

III. DEFINITIONS

A. Mobile Audio-Video Recording System (MAVRS) - Equipment designed forfixed installation in patrol vehicles that will capture both audio and videorecording within the capability of the system.

B. MAVRS Program Coordinator - A sworn supervisor, as assigned by the Chiefof Police, tasked with the responsibility of overseeing the MAVRS program.

C. MAVRS Video File Coordinator - An employee, assigned by the Chief ofPolice, tasked with the responsibility for transferring, copying, processing,storing and purging of MAVRS files.

1

MOBILE AUDIO-VIDEO RECORDING SYSTEMSG.O.2009-4

IV. PROCEDURES

A. Operation Procedures

1. At the beginning of each shift the officer assigned to a MAVRS equippedpatrol unit shall be required to determine the operational status of thecamera system. The camera system shall be checked periodically duringthe duty shift to ensure the system is operating properly. Officers shallnotify a shift supervisor as soon as possible, whenever the systemmalfunctions or the officer receives an indication the Digital Video Recorder(DVR) is full. At the end of each shift, the system is to be shut down and thewireless microphone placed in the charging cradle.

2. The MAVRS is continually recording and will capture the 30 seconds ofvideo prior to one of the activation methods. The camera, wirelessmicrophone and internal microphones will activate and recording to the DVRwill begin when:a. Manually activated on the WDAb. The emergency lights are activatedc. Officer depresses the "Talk" button on the remote microphoned. The vehicle reaches a speed of 65 mph or highere. When the vehicle has an impact (similar to what would set off an airbag)

3. Once an incident is completed, the officer shall press the "Stop" button onthe WDA to stop the recording. The officer must then classify the event.

4. An Officer shall not stop a MAVRS recording until the squad leaves thescene of an incident and does not have a civilian in the vehicle (except ride-alongs). A supervisor may authorize the termination of a recording.

5. An Officer shall not access or tamper with: the trunk mounted media vault,digital video recorder or the system's programming menu unless performinga manual download at a docking station.

6. Officers shall follow all Standard Operating Procedures in relation to theMAVRS.

B. Digital Video Control and Management

1. Digital units download video files to a server using a wireless access systemor a manual docking station. The MAVRS Video File Coordinator shall havethe ability to manually transfer files to a DVD for storage, or release files inaccordance with the Record Request General Order (2003-07).

2

MOBILE AUDIO-VIDEO RECORDING SYSTEMSG.O.20094

2. All MAVRS Video files shall be retained for 120 days and then purged,unless they have been selected for extended retention.

3. Video files needed as evidence (refer to MAVRS SOP) shall be transferredto a DVD and inventoried by the MAVRS Video File Coordinator. All OWlcases are to be inventoried as evidence.

4. Supervisors shall designate files "Marked as Evidence" for citizen complaints.

5. Supervisors may only copy files for officer evaluation, citizen complaints, ortraining purposes.

6. All video file requests made through open records shall be handled inaccordance with current open records law and the Record Request GeneralOrder (2003-07).

C. Restrictions

1. Officers shall not use the MAVRS to record conversations or activities of otherpolice personnel unless it is intended for criminal, investigative oradministrative purposes.

2. Officers shall not erase or alter MAVRS files in any manner.

3. Officers shall not interfere with the recording system or intentionally cause thesystem to malfunction.

4. Officers shall ensure that there are no obvious obstructions to prohibit eitheraudio or video recording.

5. An Officer shall not stop a MAVRS recording until the squad leaves thescene of an incident and does not have a civilian in the vehicle (except ride-alongs). A supervisor may authorize the termination of a recording.

V. SECURITY AND INTEGRITY OF MOBILE AUDIO-VIDEO FILES

A. Processing and storage of audio-video recordings are done on a Departmentserver and storage unit, maintained by the City's IT Department.

B. The server and storage units are located in the secured computer room on theupper level of the Police Department.

3

MOBILE AUDIO-VIDEO RECORDING SYSTEMSG.O.2009-4

VI. NOTIFICATION

A. It is not necessary for officers to volunteer the fact that the incident or contact isbeing recorded. If a person asks if they are being recorded, the officer shallinform them they are being recorded, unless doing so jeopardizes the officer'ssafety or investigation. If a member of the public objects to the recording,they shall be informed that Wisconsin law allows for audio and video recordings.

B. Officers are not required to cease or initiate a recording based on the request ordemand of a citizen, involved party, suspect or offender.

C. The following message will be posted in a location that is visible to those personsseated in the transport areas of patrol fleets. This posting shall be stated in bothEnglish and Spanish.

1. "Audio and Video Recording in Progress"

2. "Grabacion Audio un Video Esta en Curso"

~~~~RUSSELL P. JACKCHIEF OF POLICE

4

1 02-02-13 SC #402

City of Waukesha Police Department Mobile Audio-Video Recording Systems

(MAVRS) Standard Operating Procedure

01-21-13 I. PURPOSE The purpose of this SOP is to provide guidance for the use of the MAVRS. Maintaining the integrity of the digital media obtained from the MAVRS protects both the suspect and the officers against subsequent assertions of statement distortion, coercion, misconduct or misrepresentation. It can serve as a valuable tool to the criminal justice system, assisting the Court in seeking the truth. II. EQUIPMENT CHECK AND OFFICER RESPONSIBILITY A general inspection of the MAVRS equipment installed in Department vehicles shall be the responsibility of the officer using the vehicle. The recording equipment shall be operated in accordance with the manufacturers recommended guidelines and Department training. A. Equipment Check

Prior to beginning each shift, the officer shall perform an inspection to ensure the MAVRS is performing properly by confirming the following:

a. The MAVRS is powered up properly while starting the ignition b. The correct date and time is displayed on the WDA monitor c. The system records audio and video d. The remote audio transmitter is turned on and in position to record

the officers contacts

2. Officers shall also verify the triggers to activate recordings are operating by completing a triple check:

a. Manual activation by using the in-car WDA b. Activation by using the emergency lights c. Activation by use of the remote wireless microphone/transmitter

3. Officers shall grab a microphone for their fleet in the coat room and return

it to the same cradle at the end of their shift. Officers shall verify that the assigned microphone/transmitter is properly functioning. If a microphone is inoperable because of a problem with the battery, the battery shall be replaced by the MAVRS Program Coordinator.

B. Officer Responsibility

Any problems with the MAVRS equipment shall be reported to a supervisor immediately. Supervisors who are informed, or otherwise become aware of

2 02-02-13 SC #402

malfunctioning equipment, shall have Specialist Kraus or Sergeant Christensen notified.

1. Proper wearing of the remote microphone is required, and shall be done in

accordance with training 2. Officers shall report to a supervisor if the equipment is deactivated during

an incident when it would normally be operating 3. Officers are responsible for ensuring the MAVRS is recording for any

contact the officer reasonably believes may result in an arrest. III. OPERATION GUIDELINES A. Electronic Devices - With the exception of police radios, officers shall

ensure that the volume for the electronic devices within the police vehicle do not interfere with the MAVRS. AM/FM radios shall be turned off while the MAVRS is recording.

B. Activation Triggers - The MAVRS record mode (both audio and visual) will

be automatically activated by any one of the following activation triggers:

1. When the emergency lights are activated 2. By manually activating the system from inside the squad 3. By depressing the TALK button on the remote microphone 4. When your speed reaches 65 mph 5. When your vehicle has an impact (similar to one that would set off an airbag)

Officers should also be cognizant that there is 30 second pre-record time in the event a significant event happens prior to the activation trigger. (video only) C. System De-activation - When the MAVRS is activated to document an

event, it shall not be de-activated until the event has been concluded. Exceptions to this include:

1. The recording would jeopardize the release of confidential information or

the identity of a confidential informant 2. An event is, or believed will be, of such duration and/or insignificance that

the recorder may be de-activated to conserve recording times 3. If the officer reasonably believes that de-activation will not result in the

loss of critical documentary information.

D. Incident Documentation - When the MAVRS is activated, officers shall ensure that the audio and video portion are activated so all events are properly documented. This is achieved by:

1. Zooming the camera back to its widest angle of view and position it

properly to record events 2. Keeping the camera clear of obstructions and debris 3. Ensure the cameras position remains stationary unless it is necessary to

change in order to record a specific incident that would not be captured by the normal position of the camera

3 02-02-13 SC #402

Note: If the camera is moved, it shall immediately be placed to its original position upon completion of the recording

E. Incident Identification (Tagging) - After each event that is recorded, an officer must identify (or tag) the recording in the classification field. The general nature of the recorded incident shall be identified (tagged) using the drop down menus available on the WDA. Personnel shall identify incidents based on the highest level of importance (ex. A crash investigation that turn into a use of force incident shall be tagged as Use of Force). Personnel shall enter CAD numbers in the appropriate box. It is the repsonsibility of the person that made the video to label it Marked as Evidence. If a MAVR exists for the following incidents, it shall be classified Marked as Evidence:

1. OWI Arrests 2. OWI procedures at WMH or other location 3. Vehicle Pursuits 4. Any incident involving an alledged citizen complaint 5. Any incident involving an alledged complaint of racial profiling 6. Any incident where an officer is injured and/or assaulted 7. Any incident where a suspect or subject is injured in the course of an

arrest or investigation 8. Any squad crash 9. Any incident when force is applied at or beyond the tactic OC/ECD 10. Any incident when force is displayed as a deterrent at or beyond the tactic

OC/ECD 11. Any situation or incident that a Supervisor and/or Officer believes should

be archived F. Data Transfer Data transfer will begin automatically while squads come

within range of the wireless access point. Any audio-video recording that is significant in length should be done by a wired download. Officers should make sure that all recordings are downloaded prior to the end of the officers shift.

G. Review - Officers are encouraged to view their recordings when preparing

reports of incidents to help ensure accuracy and consistency of incident accounts.

H. Documentation - Officers shall clearly indicate in their Incident Reports,

Crash Reports, and TRACS Citations if there is a MAVR of the incident. Proper documentation of a MAVR must include the fleet number. If the recording contains evidence of a significant crime, a report must be dictated. The presence of this recording should be noted in the summary paragraph.

I. Wireless Microphone - Officers assigned to a squad equipped with a MAVRS

shall ensure that the microphone is functioning properly, turned on, and remains on at all times. If one of the two microphones is missing notify a supervisor immediately.

4 02-02-13 SC #402

1. The wireless microphone/transmitter shall be carried at all times during an officers tour of duty

2. No employee shall turn off the wireless microphone during their tour of duty. It may be turned off when returning it to its cradle in the coat room.

J. Follow Through Considerations - When a suspect is taken into custody or

other person is transported in the back of a squad, the MAVRS shall continue to record until that person is secured or released at a location outside of the squad. (For example; a location at the Waukesha Police Department, Waukesha County Jail, Waukesha County Mental Health Center, Waukesha Memorial Hospital, or other authorized facility).

Officers are encouraged to do searches of people taken into custody within view of the front camera. This will protect officers from claims of inappropriate behavior.

IV. RESTRICTIONS

1. Officers are prohibited from intentionally using the MAVRS to record the activities/conversations of other police department employees unless it applies to the above listed incidents that are required to be recorded, or explicit written permission from the police department employee has been obtained.

2. Officers shall not interfere or alter the MAVRS, or intentionally cause the

unit to malfunction.

3. Any operator who intentionally disables or damages any part of the MAVRS or fails to activate the system as required by this procedure, shall be held accountable and shall be subject to disciplinary action.

VII. RECORDING REVIEW TRAINING DOCUMENTATION

A. When an incident is recorded that is perceived to be of value as a training aid, the officer responsible for the recording is highly encouraged to notify a supervisor and have that recording Marked As Evidence.

B. Supervisors shall conduct periodic reviews of MAVRS recordings in order

to assess officer and equipment performance. Minor rule infractions discovered during routine review of recorded material should be viewed as training opportunities and not as disciplinary actions. Should the behavior or action become habitual after being informally addressed, the appropriate disciplinary or corrective action shall be taken.

C. Review will also be done to address citizen complaints and internal investigations.

D. Field Training Officers should routinely use the recordings of probationary

officers during the FTO process for constructive critique and review.

5 02-02-13 SC #402

VIII. DATA MANAGEMENT

The MAVRS Program Coordinator and MAVRS Video File Coordinators are responsible for providing assistance for all downloaded MAVRS recordings. 1. Recordings identified as having evidentiary value shall be handled

according to existing Department General Orders. 2. Recordings may have administrative holds placed on them so that they

will not be purged until that hold is lifted. 3. Prosecutors and City Attorneys can request a recording be saved and/or

copied for use in criminal and non-criminal court cases. 4. Recordings that have not been identified as having evidentiary value,

had any type of hold placed on them, or been requested by a person for the purpose of open records requests, will be automatically purged from storage at a minimum of 120 days from the date of the recording.

5. All requests for copies of videos shall be directed to Nancy Roberts, or Specialist Kraus, if Ms. Roberts will be unavailable.

6. After videos that have been tagged as Marked as Evidence have been copied, one additional copy will be made and the video will no longer be Marked as Evidence to begin the saving of storage space. Additional copies will be inventoried into evidence by Specialist Kraus.

Dispersal of Mobile Audio-Video Recordings shall be in accordance with the General Order regarding Record Requests (2003-07).

completed investigation with attachments, 05-11-15

Documents

ron oremusfrom

ron oremussent

ron oremus subject

formal citizen complaint

theopinio tim seltz

foia josephinehighland

foia josephinehighlandtim

joseph hendricks cc