FOP Vigilance on the Fake News Front

Quote

news

Members,

As some of you may have seen in the past week, Antigravity Magazine recently published a story (Get Behind the Mask, February 2017) disparaging the Fraternal Order of Police and law enforcement generally. Most importantly, author Jules Bentley leveled a serious allegation directed at a fictitious NOPD officer in her feature.

While I in no way wish to legitimize this fringe publication, it is troubling to consider that this writer is also a frequent contributor to Gambit Weekly. The FOP takes seriously the growing number of platforms in which conspiracy theorists spread nonsense and outright falsehoods that damage our relationship with the communities we serve. In such instances I make no distinction between legitimate media and this gratis alternative rag – if it has a circulation, the editorial board has a responsibility to fact-check. If they refuse to fact-check, the FOP will step in to rebuke such openly false claims.

Bentley’s incoherent stream-of-consciousness story makes little sense as it weaves between Nazis, police, and untruthful allegations of police misconduct during recent anti-Trump protests; the relevant excerpt can be found in the initial message of the email chain pasted below.

As always, the Fraternal Order of Police, New Orleans, remains vigilant in protecting our members (both real and fictional) and our profession from outright lies and we believe our duty to do so applies especially when such allegations are made in a public forum. While the exchange is humorous, keep in mind that at least some number of readers of this magazine believe this is journalism and the claims to be factual.

___________________________________________

To: Jules Bentley and Editorial Board, Antigravity Magazine (February 9, 2017)

From: Jacob Lundy, Fraternal Order of Police

In re: Get Behind the Mask, February 2017
The Fraternal Order of Police; New Orleans, requests this publication issue a retraction to the above captioned story produced by Jules Bentley for the February 2017 print edition.
The story contains the following graf; “‘Turn off your body cameras,’ NOPD’s Brian Mcadam yelled to other officers as he waded into the anti-Trump crowd that fateful Friday night, grabbing for and indiscriminately whaling on every non-cop within reach.”
In Ms. Bentley’s colorful account of this criminal act, the story references a fictitious employee, Brian Mcadam, who is neither a current or past police officer of this jurisdiction.
While your magazine does not hold itself out as journalism (clearly), it is no less reckless to pander such falsehoods to inadvertent consumers of satire who are not at all aware of the difference. Such wild assertions are tantamount to my callously referring to Ms. Bentley as a writer, without regard for the truth of the matter.
If your interns insist on venturing into print, perhaps they should spread their wings at the Hullaballoo, where they can be monitored by a more experienced editorial board.
Jacob Lundy
Fraternal Order of Police
Policy Advisor, State of Louisiana
Policy Advisor, New Orleans
Member, Louisiana Legislative Committee
Member, National Legislative Committee
__________________________________________________
From: Jules Bentley (cc Editorial Board
To: Jacob Lundy, Fraternal Order of Police
oh word what’s mcadam’s first name then? happy to correct that
p.s. “pander” doesn’t take a direct object without the preposition “to.”
p.p.s. louis ackal
__________________________________________________
From: Jacob Lundy, Fraternal Order of Police
To: Jules Bentley (cc Editorial Board)
No one with the surname “Mcadam” is employed by the City of New Orleans, in any division or department. That isn’t a correction, it’s a retraction.
____________________________________________________
 (No one from Antigravity Magazine has responded to the last email.)
*
*
*

 

FOP CCL2

Powered by Como
Advertisements

Police Body Worn Camera Videos

The Louisiana Legislature is currently considering Senate Bill 398 by Sen. Ronnie Johns (R)-Lake Charles.  Senate Bill 398 would exempt all body worn camera videos recorded by police from public records disclosure unless the individual or entity seeking disclosure of the video files a lawsuit and gets a court order directing the video be disclosed.  It should be noted that the bulk of police body worn camera videos will likely be exempt from disclosure based on the already existing law regarding records of ongoing criminal litigation (See La. R.S. 44:3).

In an opinion piece by the NOLA.COM Editorial Board, it is stated that the bill was introduced at the behest of law enforcement.  To clarify that broad assertion, the bill was introduced at the behest of the Louisiana Chief’s Association.  What that means is that the bill was introduced at the request of police administrators across the state, not the rank and file officers.

Continue reading

Louisiana’s Future with Body Worn Cameras

by Jacob Lundy

As always, FOP New Orleans strives to keep members ahead of the curve when it comes to changes in law and policy; both of which seem to occur with considerable frequency in recent years.

As all members of the New Orleans Police Department are aware; we have yet to see any of our body worn camera videos on the evening news. Whether you think that’s a good or a bad thing, it is likely to change in the future. Given events in Chicago over the past several months, combined with the general direction of criminal justice transparency it seems likely that all body worn camera-equipped agencies nationwide will be forced to contend with the public’s desire to see what all these cameras are recording sooner or later. NOPD, for good reason, hastened the implementation of body camera use for the obvious benefits they provide to both police officers and citizens. Clearly, the idea was to get body cameras out into the field as quickly as possible and revisit aspects of Policy 447 (BWC) as needed. As with an ever increasing number of other states, Louisiana state law may soon dictate how and when such videos are made available to the public – among a number of other issues related to managing a body worn camera program.

bodycameras.5640e38c1fc73

The State Legislature has convened a body worn camera task force with the aim of submitting a final report on a variety of concerns related to the possibility of state-wide implementation of body worn cameras. As you might expect, FOP has a seat on the Louisiana Legislature Law Enforcement Task Force for Body Camera Implementation

While body worn cameras are nothing new to NOPD; public release of footage would add another dimension to the now ubiquitous workplace devices and FOP intends to prepare its membership for the corresponding challenges. While a finalized state law could be quite a ways down the road, NOPD continues to transform into an agency of national firsts; FOP would not be surprised to see the department blaze its own trail ahead of the legislature in this arena. Regardless, FOP New Orleans would suggest officers assume today that all videos generated will be subject to public viewing. All of us at NOPD have been working over the past two years with the understanding that all issues of policy and law, from courtesy to use of force, can and will be reviewed via body camera footage by PIB, the FBI, FIT, OCDM, and the IPM (I believe that’s all of them). The men and women of NOPD have embraced the technology and far exceeded expectations in both implementation and performance. Regardless of the department’s exceptional performance, under any new public release law or policy a primary concern of lodge attorney Donovan Livaccari are the implications of actions and statements made between officers during and immediately following critical incidents which were formerly analyzed only by field experts. Members are reminded that a side effect of such transparency is that your actions are likely to be subjectively analyzed, often out of context, by any number of pundits for whom controversy = revenue. Your detractors are not necessarily influenced by the guiding principles of Graham v. Connor. Officers should remain cognizant that all statements made immediately following highly stressful encounters on body camera are indelible and have the ability to shape post hoc analysis of critical incidents. There is really no reason to be ambiguous on this topic; while engaged in the scope of your employment, should you become involved in a major use of force, however justified, you will become a de facto suspect in a criminal investigation. This is a practical FYI for all FOP members who are negotiating a rapidly changing law enforcement environment where literally everything you say and do is recorded – and may soon be at the top of the 5 o’clock news. FOP representatives will be making the rounds in the near future to discuss legal, privacy, and policy concerns with members.

FullSizeRender 5

First meeting of the State Legislature Body Camera Task Force

As referenced above, the Louisiana Legislature created the Louisiana Legislature Law Enforcement Task Force for Body Camera Implementation in late 2015 which is comprised of various experts from state and local law enforcement, attorneys, ACLU and NAACP representatives, mayors, Darrell Basco (President of the Louisiana FOP), and is chaired by Franz Borghardt (criminal defense attorney, Baton Rouge). I spoke with Chairman Borghardt in Baton Rouge following the first meeting of the committee for some background and details on the work ahead, keeping in mind any eventual state legislation will certainly apply to NOPD and guide our continued use of the technology.

Chairman Borghardt on the creation of the task force; “the legislature, in HCR 180 (2015 R.S.), created the task force to study and make recommendations regarding requirements for the development and implementation of policies and procedures for the use of body cameras by law enforcement. This came from a House concurrent resolution by Representative Honore and Senator Broome as a response to legislation that was proposed to mandate, by law, the required use of the devices. The task force’s continued existence is governed by resolution and the task force itself serves at the pleasure of the Louisiana Legislature.” Borghardt continued, “the ultimate goal of the task force is to make an informed and well thought out proposal to the Louisiana Legislature with regard to the implementation and use of body cameras in Louisiana. This includes policies and procedures on implementation, considerations for privacy rights and officer safety, effects on public records law, data storage, and cost considerations.”

To-date the task force has met once for public discussion, a review of the goals of the committee, and homework was assigned to all members for research and input from their respective bodies/agencies to be submitted at future meetings. The committee will reconvene in March 2016.

LouisianaStateSealRGBLarge

Some early discussions of the committee have been focused on a constitutional issue surrounding any mandate that all agencies in Louisiana implement body cameras; under Louisiana’s constitution, the state cannot mandate municipalities implement body cameras without paying for them. I think everyone would agree the state is in no position financially to pay for several thousand body cameras and incur the cost of maintenance and storage. The state does have the option of something called an unfunded mandate, meaning the legislature could require municipalities to implement body cameras at their own cost; those that do not would have state funding in some other area cut (remember when the federal government “suggested” Louisiana raise the drinking age from 18 to 21 or they would cut federal highway dollars = unfunded mandate). This avenue seems unlikely, however. On this particular issue, committee Chairman Franz Borghardt said “legislation that creates an unfunded mandate would likely be something that all parties involved would like to avoid.” What route the state takes in requiring or suggesting all police agencies adopt body cameras remains to be seen, Borghardt identified “long term cost of data storage” as one of the biggest perceived obstacles to state-wide implementation.

Beyond state mandates and associated costs, the most contentious item seems to be the host of privacy issues that surface with body camera use. This includes everything from front-end privacy concerns (can a citizen request an officer turn off his/her camera in their residence, filming in hospitals/schools, etc.) to back-end issues such as release of videos pursuant to records requests – the committee is also discussing whether our current public records law infrastructure would apply to camera footage as-is.

 

FullSizeRender 6Recently committee Chairman Franz Borghardt, Louisiana FOP President Darrell Basco, and others appeared as panelists on the Louisiana Public Square television show in Baton Rouge to discuss the committee’s work and common concerns about body cameras. FOP New Orleans also participated in the discussion on behalf of members to voice lodge concerns. We recommend viewing the show to get a state-wide gauge for the direction of body cameras in Louisiana (watch the show by clicking this link).

FullSizeRender 2

In addition to formulating FOP’s official position on specific points on the commitee’s agenda, FOP President Basco cautioned the committee against hasty legislation that could potentially negatively impact both officers and the public. President Basco is advocating for a thorough review of existing state law elsewhere; the successes and failures of legislation in other states, carefully considering Louisiana’s privacy concerns, and preparing a proposal for a future session so that all members of the committee feel confident in any end result legislation.

FullSizeRender 7

All members of the task force, including the FOP, are sourcing model legislation and existing research and data for submission to the committee. Representatives from New Orleans will also be giving a presentation to the committee on our city’s two years of experience with body worn cameras including the various pros  and cons over that time.

Members wishing to see the direction other states have paved in this area can refer to The Reporter’s Committee for Freedom of the Press site which includes an interactive map with links to each state’s body camera laws (both existing and in-progress legislation). Also worth reading; the Department of Justice/Police Executive Research Forum study “Implementing a Body-Worn Camera Program; Recommendations and Lessons Learned”.

Regardless of existing data and research, Chairman Borghardt appropriately points out that “it is evident that the implementation of body cameras, in as much as policy and procedures can be enacted, will also require organic growth in understanding unforeseen issues with their use.”

As FOP New Orleans’ policy chair, I can report with confidence from the legislative committee to ongoing discussions in Baton Rouge; there is overwhelming support for body cameras across Louisiana but no consensus on when and how videos should be made public.

Additional articles/studies and relevant law can be found in the hyperlinks below;

Louisiana Title 44.1 et seq Public Records Louisiana Revised Statutes

7 Findings from First Ever Study on Body Cameras PoliceOne.com

Growing use of Police Body Cameras Raises Privacy Concerns Los Angeles Times

Use of Force Reporting Guide and Checklist Signal108, Donovan Livacarri

#NOPD Body Worn Cameras

Facebook-20150109-054205

The New Orleans Police Department has been on the cutting edge of the body worn camera movement in law enforcement.  As such, the policies that were developed here in New Orleans were not based on the myriad of experiences of other departments around the country.  On the contrary, the NOPD’s policies were looked at and adopted by other departments which were new to the BWC game.  There was a national FOP BWC Committee whose goal was to develop a model “best practice” policy, and the resultant policy closely resembled the policy of the New Orleans Police Department.

Continue reading

NFOP BWC Webinar

20130618-201545.jpg

On October 9, 2014, the National Fraternal Order of Police Labor Services Division hosted a webinar on body worn cameras (BWC’s) and the policies associated therewith.

CLICK HERE to view the NFOP BWC Webinar.