102-22 - Resolution - Amending Resolution 051-17 Exhibit A for Body Worn CamerasDocuSign Envelope ID: FFC48E52-C6E4-43F2-A7D3-6E91CFD3B039
RESOLUTION NO. 102-22
A RESOLUTION OF THE CITY OF PORT ORCHARD, WASHINGTON,
PERTAINING TO PUBLIC RECORDS; AMENDING RESOLUTION NO.
051-17, EXHIBIT A; ESTABLISHING A POLICY FOR THE
PROCESSING OF BODY WORN CAMERA VIDEO AND AN
ASSOCIATED FEE.
WHEREAS, the Washington Public Records Act, Chapter 42.56 RCW, identifies the City's
obligations to provide public records at the request of members of the public and corresponding
administrative fees that may be charged; and
WHEREAS, by Resolution No. 028-14, the City of Port Orchard established Policies and
Procedures for Processing Public Records Requests to fulfill the City's statutory obligations; and
WHEREAS, by Resolution No. 051-17, the City Council repealed and replaced its Policies
and Procedures for Processing Public Records Requests to include updates to applicable state laws;
and
WHEREAS, the City's Police Department recently implemented the use of body worn
cameras as a tool to preserve the public safety, and the City anticipates receiving requests for
recordings pursuant to the Public Records Act; and
WHEREAS, the City has analyzed the actual staff time as the reasonable costs for time
incurred redacting body worn video pursuant where redactions are necessary due to an
exemption from production under RCW 42.53.240; and
WHEREAS, the City Council wishes to amend the City's policies and procedures for
processing public records request to include information specific to body worn camera recordings
and to set a fee for redacting video; now, therefore,
THE CITY COUNCIL OF THE CITY OF PORT ORCHARD, WASHINGTON, HEREBY RESOLVES
AS FOLLOWS:
THAT: It is the intent of the Port Orchard City Council that the recitals set forth above are
hereby adopted and incorporated as findings in support of this Resolution.
THAT: The City Council hereby amends Resolution No. 051-17, Exhibit A, in part, as set
forth herein:
9.0 Body worn camera recordings.
a) The following procedures shall govern a request for "body worn camera recording", as
defined at RCW 42.56.240(14)(g)(i), to supplement the City's Policies and Procedures for
Processing Public Records.
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Resolution No. 102-22
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b) The City may charge the reasonable costs of redacting, altering, distorting, pixelating,
suppressing, or otherwise obscuring any portion of the body worn camera recording prior
to disclosure to the extent necessary to comply with the exemptions in this chapter or any
applicable law. For the purposes of providing requestors estimated redaction costs of a
body camera request, it is estimated that redacting takes ten minutes of staff time per one
minute of raw footage for targeted video redaction (with or without audio redaction); five
minutes of staff time per one minute of raw footage for targeted audio redaction alone;
and one minute total per video for complete screen redaction and audio removal.
Based on the costs associated with redaction, including actual administrative staff salaries,
the charge levied for redaction of body worn camera video is set at a rate of $60 per hour
(prorated at $1 per minute). The City may require a deposit in an amount not to exceed ten
percent of the estimated cost of providing the recordings, which shall be paid prior to the
processing of the request or installment, where applicable. The City shall also charge the
actual cost of digital storage media or device for transmitting the requested recordings.
c) A request for body camera footage pursuant to RCW 42.56.240(14) made by the following
shall be exempt from the aforementioned redaction costs:
• a person directly involved in an incident recorded by the requested body worn camera
recording; or
• an attorney representing a person directly involved in an incident recorded by the
requested body worn camera recording; or
• a person or his or her attorney who requests a body worn camera recording relevant to
a criminal case involving that person; or
• the executive director from either the Washington state commission on African
American affairs, Asian Pacific American affairs, or Hispanic affairs; or
• an attorney who represents a person regarding a potential or existing civil cause of
action involving the denial of civil rights under the federal or state Constitution, or a
violation of a United States department of justice settlement agreement (subject to an
explanation as to the relevancy of the requested body worn camera recording to the
cause of action)
d) Body cam footage must be redacted in conformance with statutory exemptions, including
but not limited to redactions of the following:
• Any areas of a medical facility, counseling, or therapeutic program office where:
o A patient is registered to receive treatment, receiving treatment, waiting for
treatment, or being transported in the course of treatment; or
o Health care information is shared with patients, their families, or among the care
team; or
o Information that meets the definition of protected health information for purposes
of the health insurance portability and accountability act of 1996 or health care
information for purposes of chapter 70.02 RCW.
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Resolution No. 102-22
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• The interior of a place of residence where a person has a reasonable expectation of
privacy.
• An intimate image.
• A minor.
• The body of a deceased person.
• The identity of or communications from a victim or witness of an incident involving
domestic violence as defined in RCW 10.99.020 or sexual assault as defined in RCW
70.125.030, or disclosure of intimate images as defined in RCW 9A.86.010. If at the
time of recording the victim or witness indicates a desire for disclosure or
nondisclosure of the recorded identity or communications, such desire shall govern; or
• The identifiable location information of a community -based domestic violence program
as defined in RCW 70.123.020, or emergency shelter as defined in RCW 70.123.020.
Nothing in this policy or in RCW 42.56.240 shall be construed to restrict access to body worn
camera recordings as otherwise permitted by law for official or recognized civilian and
accountability bodies or pursuant to any court order.
THAT: The fees established via this Resolution shall be added to the City's Fee Schedule
for Public Records Request processing.
THAT: The Resolution shall take full force and effect upon passage and signatures
hereon.
PASSED by the City Council of the City of Port Orchard, SIGNED by the Mayor and attested
by the City Clerk in authentication of such passage this 111" day of October 2022.
ATTEST:
Jenine Floyd, CMC, Deputy City Clerk
DocuSigned by: :96btYf P4MA&Wut,
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Robert Putaansuu, Mayor
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