St. Paul, MINN – Today the Saint Paul NAACP, the MN/Dakota Areas NAACP State Conference, the Saint Paul Interdenominational Black Ministerial Alliance, the Saint Paul African American Leadership Council and the American Civil Liberties Union of Minnesota called on Governor Dayton to veto the recently passed body camera legislation.
Governor Dayton had previously stated that body camera legislation "needs to be balanced". These groups have joined together to highlight the ways that the legislation is not balanced, and instead, heavily favors law enforcement.
"The NAACP along with many other groups had requested, testified in the legislature and supported body camera legislation that would be mutually beneficial for the Minnesota law enforcement community and citizens throughout the state, and we appreciate that Governor Dayton shared those concerns. Unfortunately, after testifying and responding to questions regarding bills proposed by Rep. Cornish and Sen. Latz, we believe that our concerns have fallen on deaf ears in the legislature," stated W. C. Jordan, Jr., President MN/Dakotas Area Conference of the NAACP.
The legislation passed on May 22, 2016. The bill primarily deals with whether body camera footage should be public or private, and makes most footage private. A provision that officers allowed to review body camera footage prior to filing an initial report was removed at the last minute, however, it still left open the possibility for individual departments to enact their own policies allowing review prior to filing an initial report. During the few times that public testimony was taken on the bill, community organizations repeatedly asked for a number of provisions to be changed and/or included in the bill. Those requested changes include:
- Changing the threshold for when the public can have access to body camera footage. It currently only allows footage to be released when substantial bodily harm has occurred. Community groups urged that video should be made public when a complaint is filed against an officer regarding an incident, and anytime there is use of physical force.
- Providing directives that mandate when a body camera should be turned on, and when they can be turned off.
- Requiring that law enforcement inform individuals when they are being recorded.
- Ensuring that body camera footage is retained for at least one year, to ensure that it is available in the same time period during which an individual can file a complaint against an officer through the Minnesota Department of Human Rights.
- Prohibiting officers from reviewing body camera footage prior to filing an initial report or giving an initial statement.
None of these provisions made it into the final version of the bill.
"The ACLU of Minnesota only supports body cameras that are primarily used as a tool for accountability and transparency of police actions. We fear the current body camera legislation will only be used as a tool for surveillance of already over-policed communities and will ultimately cause more harm than good," stated Charles Samuelson, Executive Director of the ACLU of Minnesota.
The bill is supported by most law enforcement groups, who specifically pressed hard for provisions to keep most footage private and to allow officers access to the footage before writing their reports. During one of the public hearings in the Minnesota House of Representatives, John Lesch noted that the bill "is largely written by and for law enforcement." Rep. Lesch also said, "I personally think that this bill should be laid over so it can be worked on further."
"The House and Senate bills were drafted and lobbied for by the law enforcement community while meaningful dialogue, community input, and consideration for the concerns raised by affected communities have all been sorely lacking." stated Jeffry A. Martin, President of the Saint Paul NAACP.
Body cameras are currently in use in multiple locales around the state. There is no constitutional reason that legislation needs to be passed this session.
"We are asking Governor Dayton to veto this bill to ensure that it is balanced and fair to the community, this bill does not strike that balance," stated Tyrone Terrill, Chair of the Saint Paul African American Leadership Council. "We should not rely on those abused by police to be the sole lever of accountability, and this bill would do just that."
Read the complete policy statement endorsed by dozens of civil rights groups that details how body camera legislation that state the guiding principles of how body camera legislation should be crafted.