Wednesday, October 21, 2015

Body Worn Camera Informational Meeting | Houston Police Department | Liv...




HPD held a community meeting regarding the development of the Body Warn Camera policy. Above is the YouTube video of the meeting in its entirety which includes a presentation of the draft policy by Executive Assistant Chief Oettmeier, and a question and answer session.

Below is a transcript of the question and answer session. 

Please remember, HPD is looking for comments and suggestions about the development of the policy. You can email HPD.Planning@houstonpolice.org until Monday, October 26th, 2015 with your comments.



Body Worn Camera Press Conference

Speaker 1

Question: First speaker is the co-founder of the Southern Student Leadership Association, the organization he represents advocated for the use of body cameras, but they are not happy with the current policies that are governing the use of body cameras.
                He had two specific issues with the current policies:
1.       Whenever an officer engages in pursuit the body camera must be immediately activated as long as it is safe to do so.
-He is worried that this gives the officer too much discretion with when they should be turned on. He recommended that the policy that Mr. Stewart drafted would be more effective.
2.    Officers may deactivate the body camera when confirmed with other personnel regarding handling of an incident at the scenes of extended incidents or when no enforcement action is occurring, but must audibly note the reason for turning the camera off.

Speaker 2

Question: Speaker was not asking questions regarding the policies of body cameras.


Speaker 3

Question: Concerned with the fact that an officer can turn the camera off when in a non-confrontational meeting. He states that events can escalate quickly, and recommends that cameras must always be on, so that in the case of a dangerous random occurrence the officer isn’t worried with turning the camera on.
Answer: It is not ethically right to make an officer record themselves when they are using the restroom.
Question:  Suggests that a third party should be part of the auditing process for the released body camera footage.
Answer: Independent Police Oversight Board (IPOB) members have the option to join in the process of reviewing camera footage.


Speaker 4

Question: Asked a question about open records requests which did not pertain to the topic of body cameras.

Speaker 5

Question: When a prisoner is transported by a two man unit, it is required that only one camera needs to be activated during the transport. The speaker does not understand the benefit of turning one camera off.  He states in the event of an altercation, two cameras will capture two different angles.
Answer: This is something that will be looked at closer and taken into consideration. A body camera is not a substitute for one’s eyes. A camera can be affected by how much or how little light there is, and it will not always see what the officer sees.

Speaker 6­­­­­

Question: About the integrity of the video recordings. Suggests to remove some of the burden on HPD by having a third party civil organization store the video recordings. In the case of misuse of a recording, HPD cannot be held accountable. Speaker uses the example of the HPD crime lab being relocated.
Answer: Evidence has to be retrievable and accessible for the Harris County District Attorney’s office. Video evidence is no different than any other type of evidence. Our property room is full of police evidence that the public trusts us to keep safe until it is retrieved for court.
Question: To what discretion can an officer consider what he has recorded as evidence?
Answer: Evidence is anything that is recorded that can be used in the furtherance of an investigation or aid in a criminal or administrative investigation. Evidence is anything that will help us in court or at some other legal forum.
Answer: Most things at a crime scene will be considered evidence and when we take the video tape it will be considered evidence and will be stored and protected as such.
Answer: If an officer issues a citation and this process is caught on a body camera, that is considered evidence. Until you go to court or there is resolution on that charge or citation, the video tape will be kept.
Question: Supervisors have the management prerogative to review recordings of officers that have a pattern of allegations of misconduct.  Why would the supervisor have the prerogative whether to bring up or dismiss any type of body camera evidence which could be used in justifying misconduct?
Answer: The supervisor cannot delete or edit the footage. That paragraph means that there are many times that supervisors are assigned to new squads or personnel. We want our supervisors to be proactive. If I am a new Sargent and I am assigned to a new squad of officers, it is incumbent upon to me to know what is in those officers’ personnel files, what complaints they have had previously. Also, if I am supervising someone that is not under any type of active investigation, but has had a number of rudeness complaints, the supervisor has the management prerogative to review at least four or five of his videos a week.

Speaker 7

Question: Is there any room for a third party who could be doing some type of research on how the implementation of the body camera started from start to finish?
Answer: Is there room? Yes. It is being talked about. (Later added: We’ve already partnered with Texas Southern University to do the research you speak of.)
Question: There was an incident where a Sheriff’s deputy was working as a security guard at a local night club. There was a confrontation between a patron and club bouncer about the patron not being able to get in. In this instance, if the officer thought there was some type of discrimination or something was about to happen,  would that justify the officer to turn on his body camera?
Answer: Any time an officer believes there might be a confrontational situation, we hope the officer would turn the camera on and capture that event until it is concluded.

Speaker 8

Question: When did the body camera pilot program begin?
Answer: January 2014
Question: Did you all retain the data from it? What did you learn from it?
Answer: Yes we did keep the data. We learned many things. The camera needs to be positioned at the correct height. Officers of differing height have the camera recording at different levels. Stabilization was not the best. Body camera technology is constantly evolving and the cameras used did not have the best quality video.
Question: Were the officers following the policy?
Answer: Yes
Question: Did they always keep it on?
Answer: No, because the policy allows them to have some sort of discretion.
Question: While they were on the scene, did they always keep it on?
Answer: No, because the policy allows them to have that discretion.
Question: Do you think that they may have too much discretion?
Answer: Other speakers have alluded to the fact that this is something we need to look at. When an officer is enforcing the law, there is almost not situation I can think of where the camera should be turned off.
Question: How difficult is it to turn the body camera on?
Answer: It is very simple. I cannot talk about the new equipment or vendors that we are considering purchasing or purchasing from. The current body cameras have one button. You slide it down to expose the lens which turns it on, then you slide the button up to turn it off.

Speaker 9

Question: For the officers that work auto dealers and detail. While they are out investigating under chapter 8, will they be required to wear a camera?
Answer: It may get to that point. But, initially we have to start off with our uniformed officers, they are our highest priority. They are the first responders. Then we will have to talk about investigators and detectives at some other point. But right now, to get the infrastructure going and get this program implemented, it must be the uniformed officers first.

Speaker 10

Question: When are you actually expecting to start the body camera program?
Answer: There are some legal hurdles that we have to get through as far as contract issues and representing it to council members. But we are hoping that a contract can be executed before this year comes to close. Then beginning the first part of next year we will be able to bring the cameras on one station at a time. Best case scenario will be January or February of 2016.
Question: This is just a draft, but would it ever be something set in stone.

Answer: This is a draft. Anyone who did not get to comment tonight, please go on our website and send us your comments electronically. This is a draft policy that we are building now. When the policy is finalized and I sign off on it, this will be the only general order in the Houston Police Department. It will always remain open to the public on our website and will be constantly looked at to see if it needs to be reviewed, updated, or changed. 

Saturday, February 7, 2015

Question: Why is the Jordan Baker police report is not available?

Chief McClelland: in general by state law, the first page is all that is public in any police report. There are a few exceptions to that rule but I can't release it by state law. 

Question: Can you review your process so judges can call deaf and hard of hearing interpreters to court?

DA Anderson: When I was a judge we had a pool of interpreters to call upon. Nothing should happen in the process until an interpreter arrives. We have equipment also to help with that. I will make sure the court administration knows about this. 

Question: is filing a complaint the only way we can get justice?

Chief McClelland: no it's not. I said we are not perfect. But I need to know what is going on. If it needs to be forwarded to the DA's office then we will. 

Regarding Jordan Baker, we investigated that case, the DA's office investigated that case, and I sent it to the FBI before citizen's asked. Not once was an indictment sent back.

Question: An officer with over 21 complaints was reinstated by arbitration; how can citizens appeal that?

Chief McClelland: the process and procedures that an officer is under regarding complaints is state law. One of the rights is to appeal the discipline decision by arbitrator. If the arbitrator upholds my decision, the officer stays fired. Or the arbitrator could reverse it and they could get their job back. It is binding and their is no appeal. 

Question: Minorities are twice as likely to be pulled over? Does this show a problem with racial profiling?

Chief McClelland: We keep data on all of our traffic stops including racial information. That is sent to city council and the state. If an officer is assigned to a predominately black neighborhood, they will stop more black drivers just based on the neighborhood they work.

We do not have a perfect department. I know there are some who will break the rules but I don't believe it is a wide spread problem. 

Question: Where can we see accountability of use of force complaints?

Chief McClelland: if there is a sustained case of misuse of force (excessive force) then you're fired. One time; there is no second chance.

We make our complaints public. We send them to the media. We will put them on our web site.

Question: What is difference in traffic stops? (one stop was let go, another was searched and place in the patrol car)

Chief McClelland: I cannot speak to the traffic stops because I am only hearing your side of it. If you file a complaint then we can hear the officer's side and any other witnesses. At the end you will be given a notice of the disposition. 

It would be unfair for me to speculate. I was not on the scene. 

I invite you to show me the video personally. 

Question: Are you trained to shoot in the leg to neutralize a threat?

Chief McClelland: Police officers are not trained to shoot to kill. They are trained to shoot for the largest portion of a body. You should try the simulator outside. If we shot to kill we would aim for the head. We are trained to shoot to stop the threat which means shooting for the largest portion of the body.

You should follow commands when an officer tells you to do something.

Question: Officers patrol a white part of town differently than a black part of town

Chief McClelland: if there is a problem you must file a complaint so I can know if there is an issue. If you don't file a complaint then I do not know there is an issue.

Question: There needs to be emphasis on the youth getting job skills

DA Anderson: I am happy to do that. That is why the drug program in Harris County is so successful. They are willing to hire felons because they know they are not violent. 

When people get out of jail, they go right back to committing crime. we are looking at re entry courts to get them job skills.

Chief McClelland: Crime is a social problem. We have to have participation from government, religious, community to fix it. Texas prison is the second largest in the US. The average education of those in prison is the 8th grade. 65,000 are released from prison every year and they have no additional skills. 

The city of Houston is going to participate in re entry. Just because you are a convicted felon would not necessarily keep you from being hired if you have the skill set. 

Question: What are we doing to increase the number of Latino officers and create a town hall meeting in the Latino community?

EAC Montalvo: Thank you for your comments. We have Captain Manzo who is over recruiting and we make an effort to recruit Latinos.

Question: Can you make it a requirement that they understand they are supposed to follow the constitution of the US?

Chief McClelland: Every officer who is a Houston Police Officer has to say that. They honor their oath and all the laws. If anyone has a problem with the constitution you would have to take it up with the legislature. 

Question: HPD is broken and needs to be retrained

Chief McClelland: Racial profiling is illegal. If you feel you are a victim of racial profiling then you need to file a complaint so we can investigate it. 

We are not perfect. You need to help me identify those who are not upholding the law so we can investigate it. 

Question: Citizen requesting a sit down with Chief McClelland and officer he is filing a complaint on

Chief McClelland: we do have a mediation process with our complaints. Sometimes a person is dissatisfied with an officer and they want to tell him/her how they felt. We do talk and people use the word profiling. We need to agree on some common definitions. Profiling is very broad. We can simplify that if we put it in two categories, racial and criminal. 

Racial is illegal because you are only stopping them because of their race. Criminal profiling is legal. It is based on behavior. There is a difference. 


Question: please remember the communication sensitivities with the deaf and hard of hearing

Chief McClelland: we have put special emphasis on the deaf and hard of hearing community. This citizen is a very active participant in our PIP. I don't ever want anything to happen like he described (officer involved shooting in another state)  We have over 1300 officers who are bilingual.

As far as training is concerned, we have video for interpreters at all stations to assist the deaf and hard of hearing. We have also installed video in the patrol cars so if a deaf person gets stopped they can bring the citizen to the car to help communicate. 

We are one of the few agencies that offers these type of resources for the deaf and hard of hearing.

Question: In asking for the death penalty and saying you are taking it personally, do you think you influence the case?

DA Anderson: There's been a long tradition at the DA's office that the district attorney tries cop killer cases. The media always reports when we decide on a death penalty case. 

Jury selection is individual on both the prosecutor and the defense attorney and I don't feel I influenced the case.

Question: Do officers have a right to search cars during a traffic stop? (and others statements and questions)

DA Anderson: Regarding the grand jury leaking I want to hear about that. We don't take charges unless there is probably cause.

Chief McClelland: You're right, no one is saying things are perfect in Houston. You made an important point that there is a gap in some of our programs and initiatives especially with those in their late teens and 20s. There are not a lot of community policing programs addressing them. 

The point is we have a broken relationship with the people I was describing. We need to find a way to positively engage with these citizens. 

Does an officer have the right to search a person's car? It depends on the behavior. Officers may be able to search the immediate area otherwise it must be as a result of an arrest or a warrant. 

All officers go through psychological testing. I am agreeing with you that we have to get better with some segments of the population. 

Question: What happens if a body camera gets turned off before a citizen is assaulted? Also, do you look at biases of officers?

Chief McClelland: regarding body cameras, it is a new concept but not with HPD. We have had body cameras for over a year. That decision was made a long time ago to implement them. It is technology that gets outdated very quickly. 

The international association chief's of police have developed a model policy and have combined that into our policies. There has to be training. Battery life won't allow for the camera to be "turned off." Some situations it is not proper to record, sexual assault suspects, juveniles, etc. There are times when the camera has to be off, but not when they are engaging in police activity.

Everyone has biases. We can't do anything about that because it is a part of where we come from. Our training is situational. What kind of behavior is the person engaging in? We try to eliminate stereotypes. 

Question: I would like to serve on a jury but I never get picked

DA Anderson: If you get a summons the best way you can get on is not to talk. Sit there and look pleasant.

Chief McClelland: I agree with you; you will never hear me use the term thin blue line. I think police officers are a blue fabric that holds societies together. All of us in uniforms we are the public. We are citizens that you have chosen to protect this city. There is no special or different place where we chose these individuals from. They are your relatives, your neighbors.

Question: We need to fix the grand jury system in house; need to examine what it means to be a grand juror

DA Anderson: The DA's office take charges; police has to get approval from us. Then the person goes in front of a magistrate to determine probably cause to continue with the case. It then goes to court if there is.

Every felony in Texas has to go to a grand jury. They listen to facts of the case to determine if the case can continue. It sounds like I have to go and look at the training the grand jury gets. They get a day of training.

If you ever feel you are not getting treated right or if you're lost, you can contact the judge. The judge can explain. The prosecutor also is supposed to explain the law to you.

Question: citizen commented that the system is broken because of police brutality

Chief McClelland: I am against police brutality also. Every police applicant must undergo a psychological examination. I will go back and have a meeting to see what testing instrument we use. The men and women we hire today are smarter are tech savvy come from diverse schools. All of us have baggage that we bring, but at HPD if you take that baggage out, we will separate you. Every agency has those who won't do the right thing, but we need you to bring them to our attention.

City Wide Town Hall Meeting has started

We will be live blogging the Q&A portion of the meeting which should begin around 10:45am.

Live blog will begin shortly.....

If you cannot be here at the City Wide Town Hall Meeting in person, then you can follow the live blog of the Q&A session here, or you can watch the live stream on the HPD YouTube channel AT THIS LINK.