Safety committee approves ‘immediate’ end to use of police body cams

By JIM BROOKS
Nelson County Gazette / WBRT Radio

Tuesday, July 26, 2016, 10:30 p.m. (UPDATED with meeting video July 27, 2016) — Following a string of technical problems, troubles keeping track of recordings, and a dressing down by a local circuit court judge, the Bardstown Police Department has suspended its use of body cameras.

In an email Tuesday night, acting Bardstown Police Chief McKenzie Mattingly informed police, court officials, and local attorneys that the department’s use of body cameras was suspended effective 8:15 p.m. Tuesday evening.

Acting Police Chief McKenzie Mattingly explained the problems officers are having with the department’s body cams at Tuesday’s safety committee meeting.

The department began using the body cameras last year after then-Chief Rick McCubbin brought the proposal to the Bardstown City Council safety committee meeting last March. The cameras’ goals was to create a video and audio record of all interactions between police and members of the public.

Tuesday, that same safety committee agreed to immediately suspend the camera’s use.

According to Mattingly, the cameras purchased last year — now out of warranty — have seen a lot of use and are simply wearing out. Some have quit working, others simply malfunction when in use or the batteries die before the end of the officer’s shift. Downloading recorded video has been an issue with some cameras.

And in at least one instance, body camera video that should have been available for a court case could not be found. “The footage — I don’t know how else to explain it — disappeared,” Mattingly said.

As the case proceeded, the defense attorney located a copy of the video from a district court file, while neither the prosecutor nor the officer involved had copies of the video for their use during the court case.

The issue led to an admonishment from Circuit Court Judge Charles Simms, he said.

City Attorney Tim Butler read Simms’ comments calling on the department to do a better job of handling camera video so that needed video doesn’t disappear.

The police department has also struggled with retrieving requested video in a timely manner — particularly with requests under the Open Records Act, which only allow three days for the retrieval of requested records.

Only one officer — Officer Tim Simpson — is trained in handling the body cam videos, and there are times when he is required to work overtime to meet records request deadlines.

Councilman Francis Lydian, right, makes a point during discussion about the city police use of body cameras while acting chief McKenzie Mattingly, left, and Lt. Brad Gillock, center, listen.

“He’s been taken off the street an inordinate amount of time from his patrol duties to download the body camera footage,” Mattingly told the committee.

“I don’t believe the intent of the body cams was to harm the police department financially or make the public less safe by taking an officer off the street,” he said. “But as we’re learning, that’s one of the consequences of having the body cameras.”

The recorded videos are time stamped; however, if the camera battery dies, the time stamp is reset to a date in 1973. Video that is recorded with the incorrect date is difficult to locate once it has been downloaded, Mattingly said.

ALTERNATIVE CAMERA. Mattingly said the TASER company — the maker of the electrical discharge weapon of the same name — also has developed body camera technology and a “cloud” storage system for the recordings.

The cameras generate a tremendous amount of data that must be securely stored, and the “cloud” storage offers a good way to securely store it and keep it readily available when needed, he said.

“There are some better options out there, but not without a cost to the city,” Mattingly said.

MAYOR: EXISTING BODY CAMS ARE ‘PIECE OF JUNK.’ Mayor John Royalty said he supports the camera program, and supported them last year when the idea came up — but mistakes were made in the rush to get them.

“i think we jumped into it, I think there was not enough research done on the cameras,” Royalty said of the cameras purchased last year.

Royalty told the committee he supported ending the use of the body cams due to the ongoing problems and giving the police chief time to research a better option. He placed the blame on the hardware, not the users.

“It’s the camera, its the system that was bought — it was a piece of junk it to begin with, it really was.”

Councilman Bill Buckman agreed.

“I think it is irresponsible to continue a program that we’ve already been warned about in the court system,” he said. “To me, Judge Simms sent us a warning, and it would be irresponsible for the city and the department to continue.”

Mattingly said he could conduct sufficient research on the Taser body camera system and report back in no more than 30 days.

Buckman said once Mattingly reports back on a new body camera system, that information can go to the council to determine if the council wants to fund the camera program or end it altogether.

The committee voted to pass its recommendation on to the city council, which met soon after the committee meeting ended.

In other business, the committee:

— briefly reviewed bids for new city police cruisers.

— discussed a need for a Memorandum of Understanding between the Flex team and the agencies it supports, which includes the Nelson County Sheriff’s Office and the Greater Hardin County Drug Task Force. The MOU would govern operating procedures and the types of situations under which the team would respond.

-30-