City Hall
Council Public Safety Chair: McGinn's Decision Not to Fund Body Cameras Political, Not Legal
At yesterday afternoon's city council budget committee meeting, council public safety committee chair Bruce Harrell questioned Mayor Mike McGinn's decision not to fund his pet project, body-mounted police cameras, in his 2013-2014 budget.
In response to Harrell's question, budget director Beth Goldberg said state law prohibits officers (anyone, actually) from recording audio of people without asking their permission first, "which is not practical" in a potential arrest situation. "We would have to have a change in state law to implement it."
Harrell responded, "With all due respect, I don't think that's an accurate description of state law," noting that other cities, including Bainbridge Island, have deployed body camera systems without asking for a change in the law.
After the meeting, Harrell told PubliCola he believes the cameras are legal and that the mayor's choice not to fund them in his budget (an early budget document included exploration of $2 million to fund the cameras) was a policy decision, not a legal one. (Harrell and McGinn, it's worth noting, are both lawyers).
"There's no state prohibition on using body cameras---ten to twelve other jurisdictions in the state use them. How could it be illegal if they’re using it?" Harrell said. He pointed out that SPD's in-car dashboard cameras already record audio; so what's the difference, he asked, between a dashboard camera and a body-mounted one?
JOHN T. WILLIAMS HUGE
Even if the city decided body cameras crossed a line, Harrell said, SPD could require officers to ask for consent to film when it makes sense (traffic stop, yes; guy wielding a knife, no), or to turn off the audio on the cameras.
"I think from a policy standpoint, they've decided that they don't want to make this investment," Harrell says. "That's fine, but don't hide behind the legal prohibition, because there is no such legal prohibition. ... These are policy choices the mayor made, and I think they're the wrong ones."
Police Chief John Diaz said at yesterday's meeting that "there is some disagreement" about whether the cameras violate state law or not, adding that assistant city attorney John Schochet was "reviewing all this" and plans to get back to the council within a week or so.
McGinn's office said Goldberg had addressed the camera issue in the meeting, and had no further comment.
In response to Harrell's question, budget director Beth Goldberg said state law prohibits officers (anyone, actually) from recording audio of people without asking their permission first, "which is not practical" in a potential arrest situation. "We would have to have a change in state law to implement it."
Harrell responded, "With all due respect, I don't think that's an accurate description of state law," noting that other cities, including Bainbridge Island, have deployed body camera systems without asking for a change in the law.
After the meeting, Harrell told PubliCola he believes the cameras are legal and that the mayor's choice not to fund them in his budget (an early budget document included exploration of $2 million to fund the cameras) was a policy decision, not a legal one. (Harrell and McGinn, it's worth noting, are both lawyers).
"There's no state prohibition on using body cameras---ten to twelve other jurisdictions in the state use them. How could it be illegal if they’re using it?" Harrell said. He pointed out that SPD's in-car dashboard cameras already record audio; so what's the difference, he asked, between a dashboard camera and a body-mounted one?
JOHN T. WILLIAMS HUGE
Even if the city decided body cameras crossed a line, Harrell said, SPD could require officers to ask for consent to film when it makes sense (traffic stop, yes; guy wielding a knife, no), or to turn off the audio on the cameras.
"I think from a policy standpoint, they've decided that they don't want to make this investment," Harrell says. "That's fine, but don't hide behind the legal prohibition, because there is no such legal prohibition. ... These are policy choices the mayor made, and I think they're the wrong ones."
Police Chief John Diaz said at yesterday's meeting that "there is some disagreement" about whether the cameras violate state law or not, adding that assistant city attorney John Schochet was "reviewing all this" and plans to get back to the council within a week or so.
McGinn's office said Goldberg had addressed the camera issue in the meeting, and had no further comment.
