Res 0082-2018

By Council Member Kallos Whereas, There have been a number of high profile use of force incidents involving law-enforcement caught on video; and Whereas, The New York Police Department is implementing a body-worn camera program; and Whereas, Publicly disclosing body-camera footage holds the potential to enhance accountability and transparency between law enforcement and the community it serves; and Whereas, According to a study by the federal Department of Justice, body-worn cameras have a civilizing effect, resulting in improved behavior among both police officers and citizens; and Whereas, According to the same study, body-worn cameras have evidentiary benefits that expedite resolution of citizen complaints; and Whereas, The state Freedom of Information Law (FOIL) is a regime governing the public's right to access agency records; and Whereas, FOIL could provide a mechanism for the disclosure of body-worn camera footage as records under the law; and Whereas, Civil Rights Law Section 50-a creates a blanket exception to FOIL disclosure for any records that may be used for police officer performance evaluation; and Whereas, Civil Rights Law Section 50-a may therefore prevent body-worn camera footage from being disclosed under FOIL; and Whereas, S.6030, introduced by State Senator Daniel Squadron and pending in committee in the New York State Senate, and companion bill A.8368, introduced by Assembly Member Dan Quart and pending in committee in the New York State Assembly, appropriately limit the applicability of Civil Rights Law Section 50-a to not include body-worn camera footage; and Whereas, FOIL includes internal checks on disclosure, such as when disclosure of a record would interfere with law enforcement investigations or judicial proceedings; and Whereas, S.6030 and A.8368 also would require the redaction of all identifying details of all persons in a publicly released recording, including but not limited to facial features and voices; now, therefore, be it Resolved, That the Council of the City of New York supports the passage of S.6030 and A.8368, ensuring policy body-worn camera footage is subject to the state Freedom of Information Law. LS #7247/Res. 997-2016 LS # 1211 01/04/18 JR/CMA