Explanation
BACKGROUND
The purpose of this ordinance is to amend Chapter 1914 of the Columbus City Codes, pertaining to the activation of body-worn cameras and adding a new section 1914.03 relating to the participation in State and Federal Law Enforcement Taskforces by Columbus Division of Police officers.
These amendments will:
* Ensure officers are able to serve on Federal taskforces without violating the Columbus City Codes.
* Ensure that officers are given exemptions that are needed when working an assignment to a federal or state law enforcement taskforces with which the Division of Police has a memorandum of understanding.
EMERGENCY DESIGNATION: Emergency action is requested in order to ensure that the Division of Police has appropriate standards set as soon as possible for the activation of body-worn cameras and standards set for their participation in State and Federal Law Enforcement Taskforces.
Title
To amend Chapter 1914 of the Columbus City Codes, pertaining to the activation of body-worn cameras and enact a new section 1914.03 relating to the participation in State and Federal Law Enforcement Taskforces by Columbus Division of Police officers; and to declare an emergency.
Body
WHEREAS, Columbus City Council created new chapter 1914 of the Columbus City Codes pertaining to the use of body-worn cameras; and
WHEREAS, upon additional feedback from the Division of Police and the Columbus City Attorney’s office, Council now proposes to amend chapter 1914 to reflect operational necessities and concerns for the Police; and
WHEREAS, an emergency exists in the usual daily operation of the Department of Public Safety, in that it is necessary to ensure that the Division of Police has the appropriate standards set as soon as possible for the use of body-worn- cameras and participation in State and Federal Law Enforcement Taskforces, for the immediate preservation of the public health, peace, property, safety, and welfare; NOW, THEREFORE,
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF COLUMBUS:
SECTION 1. That chapter 1914 of the Columbus City Codes is hereby amended, to read as follows:
CHAPTER 1914 - BODY-WORN CAMERAS
1914.01 - Definitions
(A) "Body-worn camera" means a visual and audio recording device worn on the person of a division of police officer while the division of police officer is engaged in the performance of the division of police officer's duties.
(B) “Division of police” means the City of Columbus division of police.
1914.02 - Activation of body-worn camera
(A) Whenever a division of police officer who has been assigned a body-worn camera engages in an enforcement action, or intends to engage in an enforcement action, the officer shall activate their body-worn camera no later than when exiting their vehicle or approaching an individual(s). Enforcement actions shall be recorded unless otherwise prohibited by federal, state, or local law. Enforcement actions shall consist of:
(1) Calls for service and self-initiated activity
(2) All investigatory stops
(3) Traffic and pedestrian stops
(4) Pursuits by foot, vehicles, bicycle, or any other means of transportation available to division of police officers
(5) Any use of force
(6) Any arrest
(7) Any forced entry of a structure, vehicle, or other premises
(B) Division of police officers assigned a body-worn camera shall also activate the camera when an encounter becomes adversarial, or its use would be appropriate and/or valuable to document an incident unless otherwise prohibited by federal, state, or local law.
(C) This section does not apply when:
(1) A division of police officer has not been assigned a body-worn camera; or
(2) A division of police officer has been assigned a body-worn camera but is working an assignment where a body-worn camera is not required; or
(3) A body-worn camera malfunctions.
(4) A division of police officer is working an assignment to a federal or state law enforcement taskforce with which the Division of Police has a memorandum of understanding.
1914.03 Participation in State and Federal Law Enforcement Taskforces
(A) The Division of Police, in entering into Memorandums of Understanding (“MOU”) with partner law enforcement agencies, shall assure that the MOU contains body-worn camera policies that require officers to wear and activate body-worn camera recording equipment for purposes of recording their actions during:
(1) a pre-planned attempt to serve an arrest warrant or other pre-planned arrest, including the apprehension of fugitives sought on federal, state and/or local warrants; or
(2) the execution of a search or seizure warrant or order upon or within a structure.
(B) Division of police officers assigned to a state or federal law enforcement taskforce shall activate their body-worn cameras in accordance with the policies articulated in the operative MOU and at the direction of the supervising officer of the taskforce to which the officer is assigned.
1914.99 - Penalty
Any division of police officer that violates any section of this chapter may be subject to disciplinary action as provided by the division of police, department of public safety, or any applicable collective bargaining agreement.
SECTION 2. That current chapter 1914 of the Columbus City Codes is hereby repealed.
SECTION 3. That for reasons stated in the preamble hereto, which is hereby made a part hereof, this ordinance is declared to be an emergency measure and shall take effect and be in force from and after its passage and approval by the Mayor, or ten days after passage if the Mayor neither approves nor vetoes the same.