HomeMy WebLinkAboutBUREAU OF ALCOHOL, TOBACCO, FIREARMS & EXPLOSIVES (ATF)INSURANCE NOT REQUIRED Return FULLY EXECUTED N-2022-313
copy to COTC M-30
WOR �ndum to ask Force Agreements Pertaining to Body Worn Camorns
CLERK OF THE COUNCIL
This addendum supplements the agreement between the Bureau of Alcohol, Tobacco, r irearms
DATE: and Explosives (ATF) and the Santa Ana Police Department, dated July 21, 2022, establishing
o the participation on the ATF Orange County Violent Crime Task Force. Pursuant to the
r "Department of Justice Policy — Use of Body -Worn Cameras (BWC) by Federally Deputized
Task Force Officers," dated October 29, 2020, has advised ATF that it will require its deputized
officers participating in the Task Force to use Body Worn Cameras (BWCs). This addendum
® governs that use.
o' ('cl�C�r1i. N1ortA0) (S"^) 1.
The parties hereby agree to the following:
1. TFOs will adhere to the DOJ Policy, ATF's Standard Operating Procedures for Task
Force Officer Body Camera Program, and other applicable ATF policies and
procedures.
11. Santa Ana Police Department confirms that prior to executing this agreement it has
provided to ATF details regarding the BWC system and cameras, including the
details of any system protections, and any state or local policies or laws applicable to
the TFO's use of BWCs, including any retention policies as detailed in Attachment 1
—Agency Checklist.
1I1. Use of BWCs During ATF Federal Task Force Operations:
A. Deputized Task Force Officers (TFO) through the Joint Law Enforcement Operations
(JLEO) Program will be allowed to wear and activate their recording equipment with
BWCs for the purposes of recording their actions only during:
1. A planned attempt to serve an arrest warrant or other planned arrest; or
2. The execution of a search warrant.
B. TFOs are authorized to activate their BWCs upon approaching a premises or a
subject, and must deactivate their BWCs when the scene is secured as determined by
the federal supervisor on the scene as designated by the ATF.
I. For purposes of this agreement, the term "secured" means that the scene is safe
and under law enforcement control.
L In the event circumstances arise requiring additional law enforcement assistance
to secure the scene, the TFO will end BWC recording when relieved from the
scene by another law enforcement agency.
3. if there are unanticipated interactions with the public or other exigent
circumstances, such as contentious or violent interactions that could lead to the
use of force, TFO's will, if and when it is safe to do so, reactivate their BWC
either before, during, or after a planned arrest or execution of a search or seizure
warrant or order.
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Addendum to Task Force Agreements Pertaining to Body Worn Cameras
4. For the execution of a search warrant, BWCs should not be used for searches of
property lawfully in government custody or control, or a search to obtain digital
or electronic records executed by a third party, such as an electronic service
provider or custodian of electronic records.
C. TFOs will follow the provisions set forth in this agreement for use of BWCs, and the
provisions of this agreement will supersede any conflicting provision in the agency's
policy for TFOs while serving on the ATF Federal Task Force.
D. TFOs may use BWCs in accordance with this policy anywhere they are authorized to
act as a police or peace officer under state, local, territorial or tribal law.
E. TFOs may use only agency -issued and agency -owned BWCs. TFOs will not be
allowed to use any privately owned BWC or other recording device of any kind.
F. In the event a TFO's BWC is not working or inoperable due to a technical problem or
cannot be used due to physical damage, and, in the judgement of the Task Force
supervisor, delaying the operation to repair or obtain a replacement BWC is not
practical or would impair the operation, the TFO may participate in the operation
without using a'BWC.
G. Even when BWC use would be permissible in the circumstances set forth in Section
III A above, TFOs are prohibited from recording:
1. Undercover personnel;
2. Confidential informants or confidential sources;
3. On -scene witness interviews prior to or after the operation;
4. Personnel using specialized investigative techniques or equipment; or
5. Actions by any non -law enforcement persons at the scene who are assisting law
enforcement personnel prior to or after the operation.
H. Even when BWC use would be permissible in the circumstances set forth in Section
Ill A above, TFOs are prohibited from activating their BWC if in the judgment of the
ATF the cases involve:
1. National security (including international and domestic terrorism investigations or
cases involving classified information);
2. Public corruption;
3. Medical facilities; or
5. Other sensitive investigations as determined by ATF.
I. Even when BWC use would be permissible in the circumstances set forth in Section Ill
A above, TFOs shall not use BWCs to record any activities related to:
1. Specialized or sensitive investigative techniques;
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Addendum to Task Force Agreements Pertaining to Body Worn Cameras
2. In a sensitive area; or
3. An undercover or covert status on behalf of the ATF Federal Task Force.
IV. Santa Ana Police Department Internal Controls:
A. Captain Jose Arana will serve as a paint -of -contact (POC) for ATF on BWC matters.
B. Santa Ana Police Department will notify ATF of any change in state or local law that
will modify how ATF TFOs must use BWCs or will affect release or redaction of
BWC recordings from TFO BWCs made while working under federal authority on
behalf of ATF ("TFO BWC recordings").
C. Santa Ana Police Department will notify ATF of any change in agency policy that
will affect the storage, release, or redaction of TFO BWC recordings.
D. Santa Ana Police Department will familiarize ATF Task Force personnel on the
BWCs, specifically concerning their capabilities and operation during task force
activities.
V. Handling of BWC Recordings Made During Task Force Operations:
A. For purposes of this agreement, the term "TFO BWC recordings" refers to audio and
video recordings, and associated metadata, from TFO BWCs made while the TFO is
working under federal authority.
B. In accordance with current agency policy and practice, Santa Ana Police Department
will provide full, un-redacted copies of TFO BWC recordings to ATF within 72 hours
unless approved in writing by the ATF SAC.
C. TFOs will document BWC use and the existence of BWC recordings in the Report of
Investigation (ROI). The TFO will include in the ATF ROI a statement attesting that
the data provided is a fair and accurate copy of the data recorded by the BWC.
D. All TFO BWC recordings made during ATF Federal Task Force operations, including
such recordings retained by the Santa Ana Police Department and/or in the possession
of any third party engaged by Santa Ana Police Department to store or process BWC
recordings, shall be deemed federal records of the United States Department of
Justice, Bureau of Alcohol, Tobacco, Firearms and Explosives (DOJ/ ATF) pursuant
to the Federal Records Act,
E. Internal Dissemination:
The TFO's parent agency is authorized to use TFO BWC recordings for internal
investigations of its personnel consistent with the parent agency's policies and
procedures, not involving dissemination outside the parent agency or public
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Addendum to Task Force Agreements Pertaining to Body Worn Cameras
release. The parent agency shall provide written notification to ATF prior to any
internal review.
F. Expedited Public Release:
All TFO BWC recordings made during ATF Federal Task Force operations are
federal records and shall be retained and disseminated in accordance with all
applicable federal laws, policies and procedures including the Federal Records Act,
Freedom of Information Act, and/or the Privacy Act. All TFO BWC recordings made
during ATF Federal Task Force operations will be provided to ATF. The Department
will work to expedite the public release of BWC recordings depicting conduct
resulting in serious bodily injuryl or death of another consistent with DOJ policies
and subject to any redactions as appropriate. If a TFO parent agency plans to release
TFO BWC recording(s) from a BWC issued by the parent agency that depict conduct
committed solely by a TFO resulting in serious bodily injury or death of another, the
TFO's parent agency shall notify ATF, providing as much advance notice as possible
as to the time and manner of its release. Following the notification, the TFO's parent
agency may release such recording(s), subject to any redactions as appropriate.
If a TFO parent agency plans to release TFO BWC recording(s) from a BWC issued
by the parent agency that depict conduct committed solely by an ATF agent resulting
in serious bodily injury or death of another, the TFO's parent agency shall notify and
coordinate the release with ATF, providing as much advance notice as possible as to
the time and manner of its release. Following the notification, the TFO's parent
agency may release such recording(s), subject to any redactions as appropriate.
G. In all circumstances, TFO BWC recordings shall be treated as law enforcement
sensitive information, the premature disclosure of which could reasonably be
expected to interfere with enforcement proceedings, and as potential evidence in a
federal investigation, subject to applicable federal laws, rules, and policy concerning
disclosure or dissemination (including but not limited to 28 C.F.R. Ch. 1, Pt. 16,
Subpart B, "Touhy", absent appropriate redaction prior to disclosure or
dissemination). Accordingly, these recordings are deemed privileged absent
appropriate redaction prior to disclosure and may be entirely exempt from public
release under federal laws, rules and policies.
H. If a TFO BWC recording involves a use of force incident to include: a shooting
incident, any incident involving serious bodily injury or death, or where any
enforcement action by ATF resulted in the use of force or deadly force; physical
'Any reference of serious bodily injury also includes great bodily injury as defined in the California Penal Code
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Addendum to Task Force Agreements Pertaining to Body Worn Cameras
assault or attempted physical assault on a Law Enforcement Officer; intentional
damage to any facility, conveyance or any property owned by ATF, or involves
another time -sensitive or urgent situation, Santa Ana Police Department will provide
ATF copies on an expedited basis, including during non -business hours. For
purposes of this provision, use of force incidents include, but are not limited to,
incidents utilizing intermediate weapons, i.e„ TASERs, expandable batons, kinetic
energy projectiles, emergency/improvised intermediate impact weapons, such as, a
flashlight or radio; any use of force resulting in serious injury or death; canine bites
resulting in penetration of human skin; and all shooting incidents.
L Santa Ana Police Department will identify and make available witnesses as needed to
authenticate TFO recordings in ATF cases pursuant to a proper subpoena request.
Santa Ana Police Department will inform ATF of the length of time TFO BWC
recordings will be retained by the agency before deletion. Santa Ana Police
Department will honor any request by ATF to retain the TFO BWC recordings for a
longer period of time.
K. Santa Ana Police Department will notify ATF immediately of any unauthorized
access to TFO recordings discovered by the agency.
L. Santa Ana Police Department will cooperate fully with ATF in the investigation of
any unauthorized access to or disclosure of TFO recordings, including providing ATF
the name(s) of any agency personnel determined by the agency to be involved in
unauthorized access, copying, or disclosure.
M. Santa Ana Police Department failure to comply with any part of this addendum may
result in immediate termination of the Task Force Memorandum of Understanding.
N. Santa Ana Police Department will notify ATF as soon as possible regarding any
request or demand for release or disclosure of TFO recordings, including but not
limited to subpoenas, discovery demands or motions, open record/freedom of
information requests, media requests, or union or other professional association
requests.
Signature of Special Agent in Charge Date
See Attached Signature page
Signature of Department Official Date
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Addendum to Task Force Agreements Pertaining to Body Worn Cameras - Signature Page
IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year
first above written.
ATTEST:
A_
Clerk of the Counci i
APPROVED AS TO FORM:
SONIA R. CARVALHO
City Attorney
CITY OF SANTA ANA
�_ V - r
KRISTINE RIDGE
City Manager
RECOMMENDED FOR APPROVAL:
By:� /
TAMARA BO OSIAN DAV ALEN IN
Senior Assistant City Attorney lief of Police