EFFECTIVE DATE: October 17, 2017
SUBJECT: Disclosure Under GRAMA of Body-Worn Camera Recordings of Officer Involved Critical Incidents
Preface
The Government Records Access and Management Act (“GRAMA”) provides that a Salt Lake City Corporation (“City”) record is public unless otherwise expressly provided by statute. GRAMA also reflects a legislative intent that favors public access to information when, in the application of GRAMA, countervailing interests in disclosure and in privacy are of equal weight.
The City recognizes that the public has a strong interest in viewing body-worn camera (“BWC”) recordings of Officer Involved Critical Incidents (“OICIs”) involving Salt Lake City Police Department (“SLCPD”) officers. This Executive Order is intended to prescribe rules to be followed by the City with respect to the release of SLCPD BWC recordings of OICIs involving SLCPD officers.
Therefore, the Mayor of Salt Lake City enacts this Executive Order:
1. Definitions.
1.1 Body-Worn Camera (“BWC”) means a digital video recorder worn by police officers for the purpose of recording law enforcement encounters with persons.
1.2 Chief Administrative Officer (“CAO”) means the deputy mayor or chief of staff of the City or other designee of the Mayor.
1.3 GRAMA Request means a request for records pursuant to the Government Records Access Management Act (Utah Code § 63G-2-101 et seq.).
1.4 Mayor means the mayor of Salt Lake City, Utah.
1.5 Officer Involved Critical Incident (“OICI”) is defined by Utah Code § 76-2-408(1)(d) as follows:
(i) The use of a dangerous weapon by an officer against a person that causes injury to any person;
(ii) A fatal injury to any person except the officer, resulting from the use of a motor vehicle by an officer;
(iii) The death of a person who is in law enforcement custody, but not including deaths that are the result of disease, natural causes, or conditions that have been medically diagnosed prior to the person’s death; or
(iv)
A fatal injury to a person resulting from the efforts of an officer attempting
to prevent a person’s escape from custody, make an arrest, or otherwise gain
physical control of a person.
1.6 Salt Lake City Police Department (“SLCPD”) means the police department of Salt Lake City, Utah.
2. General Provisions
2.1 Presumption of Disclosure After Ten Business Days
The public is presumed to have a strong interest in accessing BWC recordings of OICIs. In classifying a BWC recording of an OICI, the CAO will weigh the public’s interest in accessing the recording and determine whether that interest outweighs or is equal to the interests favoring restriction of access. However, regardless of any initial classification, 10 business days after the OICI, the CAO will classify the BWC recording as a public record, barring any unusual or unforeseen circumstances, which may include an inability to complete investigative interviews with key witnesses.
2.2 Release of BWC Recordings
Pursuant to a GRAMA request and subject to any applicable federal, state, or local laws, the City will release any BWC recordings of OICIs involving SLCPD officers once the record has been classified as a public record. The recordings may be subject to redaction or segregation of any private, controlled, or protected images or sounds contained on the recordings.
(Signed by Mayor Jacqueline M. Biskupski on October 17, 2017)