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HomeMy WebLinkAboutIn Car Video Grant Application 2010 I POLICE DEPARTMENT CITY OF OAK PARK HEIGHTS 9 14168 Oak Park Blvd. N. • P.O. Box 2007 Brian DeRosier Oak Park Heights, Minnesota 55082 Chief of Police Telephone: (651) 439 -4723 Fax: (651) 439 -3639 Emergency: 911 April 28, 2010 MN Dept. of Public Safety / Office of Traffic Safety 444 Cedar St., Suite 150 St Paul, MN 55101 -5150 Dear Sir or Madam; Please find attached the application of the Oak Park Heights Police Department for the 2010 in car video grant. The ability'of our department to receive grant awarded video systems will allow us to implement department wide video which in these financially difficult times for cities may not otherwise be possible. In carvideo for police has become an industry standard expectation by the public, and courts, as well as the officers themselves requesting it. The video systems have proven themselves time and time again in resolving complaints in a quick and effective manner, as well as instilling a confidence by the public that officers are accountable. The cameras in our squads will also instill a confidence for our officers that they will not be falsely accused of misconduct and that the camera's can and will be used for ongoing officer safety. Brian DeRosier Chief of Police I i IN -CAR CAMERA GRANT APPLICATION FORM Law Enforcement Agency:Oak Park Heights Police Department MN Tax ID #: 72015839 Federal Tax ID #:41- 0941681 (only one Tax ID # is required) Mailing Address: 14168 Oak Park Blvd. No. P.O. Box 2007 Oak Park Heights. MN 55082 Phone: 651 - 439 -4723 Fax: 651 - 439 -3639 Website :www.citvofoaknarkheights.com Name of Chief law Enforcement Officer:Brian DeRosier Phone: 651- 439 -4723 E -mail: bwderosWi#Y�f(?aknarkheights.com Application Contact & Title (if not the Chief Law Enforcement Officer) Chief Brian DeRosier i Phone: j E -mail: i AGENCY INFORMATION Geographic Area Served (specific to this proposal) Citv of Oak Park Heights - Primary Regular assistance provided to agencies - Stillwater. Bavport, and Washington Countv Number of Law Enforcement Officers Full-time: Part -time: 0 Number of Vehicles Currently equipped with in -car cameras:1 Not equipped with in -car cameras:S Grant Request Information Name of In -Car Camera Requested (select one): ®WatchGuard DV -1 ❑Digital Ally DVM -750 ❑Coban TopCam EDGE ❑ICOP Model 20/20 — W ❑L3 Mobile Vision Flashback2 ❑Panasonic Arbitrator 360 ❑DigitalSafety Technologies DP -2 i Number of In -Car Cameras Requested:3 i i i i 2 j Basic Agreement (please mark an X in the boxes if the Chief Law Enforcement Officer or designee agrees with the following statements) In -Car Camera Policv ®The Agency In -Car Camera Policy is submitted with the grant application ❑The Agency In -Car Camera Policy is not submitted with grant application. Our In -Car Camera Policy is currently being developed and will be submitted prior to receiving our in -car camera(s). Trainine on the Operational Use of the In -Car Camera ®AII Law Enforcement Officers whose primary responsibility is patrolling public roads and interacting with the public including first line supervisors responsible for supervising the officers will receive training on the operational use of the in -car camera prior to use. ®The Chief Law Enforcement Officer or shift supervisor will complete and mail or fax the Operational Use Training Form found in Attachment B to the OTS, attention Hal Campbell, within three days after the training is completed. Law Enforcement Officer Pre -Post Survey ®Each Law Enforcement Officer that will be using an in -car camera obtained through the grant program will complete a pre -post survey of approximately 10 —12 questions through Survey Monkey. Survey responses will be anonymous. The results will be aggregated, and there will be no reports generated by agency. Chief Law Enforcement Officer Survev ®The Chief Law Enforcement Officer or designee will complete a survey 6 months after in -car camera(s) use. Questions will be asked about tracking officer behavior complaints received, resolution of the complaints, whether cameras were used in the resolutions and if so, if the camera was useful. Questions will also be asked about camera use, challenges, problems and success stories. The survey is part of the Agency final report. Final Report ®The Chief Law Enforcement Officer or designee will submit a final report within 30 days after 6 months of using the in -car camera(s) obtained through this grant. The report will describe: 1) the agency's activities and experiences using an in -car camera or cameras during traffic stops, 2) current efforts to prevent biased policing, 3) how the in -car camera was used to prevent biased policing, 4) procedural components aimed at eliminating biased policing at traffic stops, 5) what is considered to be appropriate, inappropriate, and unlawful conduct, j and 6) how the agency addresses federal and state constitutional and statutory laws prohibiting discrimination by law enforcement. The OTS will provide the reporting format by October 1, 2010. The final report will be submitted to the OTS, attention Hal Campbell. i i 3 I Reauired local Match ®The required local match is $300.00 for each in -car camera. The Agency understands that $200.00 of the required match for each in -car camera may be used for installation. The Agency will send payment of either $300.00 or $100.00 and a receipt of $200.00 that shows the camera was installed to the Minnesota Sheriffs' Association. Money must be received by the Minnesota Sheriffs' Association before the Agency receives their in- car camara or cameras. Proof of installation must be received by the Minnesota Sheriffs' Association within 60 days of receipt of in -car camera(s). Otherwise, the agency will not receive credit for installation and will be responsible for providing payment to the Sheriffs' Association the amout of $300.00 per in -car camera received by the agency through the grant. Agreement with the Minnesota Sheriffs' Association ®Agency will enter into an agreement with the Minnesota Sheriffs' Association to order in -car cameras. ®Agency will request the model and number of in -car cameras by Friday, June 25, 2010. ®Agency will agree to pick -up in -car cameras from the Minnesota Sheriffs' Association if the Agency is located 50 miles or less from the Minnesoat Sheriffs' Association. This will be determined by the OTS. ®In -car camera orders will be placed by the Minnesota Sheriffs' Association June 29, 2010. Anti Biased Policing Policv ®The Agency's Impartial Policing Policy is submitted with the grant application. i I j I 4 Narrative 1. Describe the agency's need for in -car cameras. The Oak Park Heights Police Department serves a diverse population. A ring suburb of the twin cities metro area we provide service not only to our local residents but a large daily influx of traffic and visitors to the area educational facilities, tourists, businesses, correctional facilities, and retail destinations. We currently have no in car video in our 3 primary patrol vehicles. We have 1 system "Watch Guard DV1" installed in an unmarked vehicle used for our SRO, this is also used during Safe and Sober and other dedicated traffic enforcement programs. This system was recently installed in 2009. By installing in car video in our remaining 3 primary patrol vehicles we gain the ability to meet the expectations of the grant goals and those of our department. Being a small department in difficult budgetary times we are limited in our ability to provide this equipment. The added video being the same systems as we currently have will aid in ease of transition into operation. Our use of the video system will provide for added officer safety with the DV1 systems numerous operational modes and rear facing camera. Recording facts of our contacts with the public provide us the ability to resolve complaints in an efficient and unbiased manner while documenting evidence. They provide a means to avoid costly litigation. The systems have already proven themselves with increased officer attention to performance and avoided litigation. Our ability to provide positive feedback to officers and not just looking at the negative promotes department and officer moral and professionalism. The use of the Watchguard DV1 specifically allows a department our size the ability to catalog and retain the data easily and professionaly. The video systems will allow the department to review any possible racial profiling or other officer performance issues before they become a legal, or public perception liabilty. The in car video has become an expectation as "industry standard" by the public, and not having the video can create a perception by the public and defense counsel of the department or officers trying to hide something. The systems will allow us to monitor and correct any issues of non compliance with our impartial policing policy. i 5 2. Describe the agency's current efforts to prevent biased policing. The Oak Park Heights Police Department puts a high priority on officer training. Training is a key in prevention and awarness of the issues. We send officers to training using various outlets such as the league of MN Cities - Online Patrol Training, Century College Slot Program, IACP Training Keys, and other individual training programs as they are available, as well as continual in house training. Officer conduct and reports are reviewed daily by administration and on duty supervisor for bias motivated enforcement and complaince with constitutional issues. All questionable stops or contacts are reveiwed with the officer to correct unprofessional conduct as well as bring attention to professional conduct. The Oak Park Heights Police Department Mission Statement written in 2009 upon the change of command exemplifies our commitment to unbias ethical treatment of all. "The members of the Oak Park Heights Police Department endeavor to maintain a safe and healthy community for all with excellence in professional, ethical, and responsive services; treating all members of the public with respect and acting with integrity. 3. Describe how the agency will use the in -car camera(s) for coaching and training and differentiate between how the in -car camera(s) will be used for training new recruits, seasoned officers, and supervisors. Training is one of the cornerstones to all conduct of an officer and department. New recruits come to a department with varying exposure to the duties and situations they encounter on the street. The video systems provide immediate audible and video feedback essential to trainee acceptance and understanding of the mistakes they may have made, or reinforcing the professsional way they did handle the situation. The FTO is able to provide this immediate feedback as well as its use in documentation of an officer that is having difficulties with the position and may need to be dismissed from the position prior to completing the probationary period. 6 Seasoned officers as we all know do not like change or feedback that they feel is opinion. The video and audio provides the department the ability to show officers what is in need of improvement for officer safety, professional conduct, and other areas of improvement in a format the officer will accept as unbiased. The video will also be used as inservice training in simunitions and other training scenerios. Supervisors will be able to review the video for individual officer training issues that need to be addressed as well as a department wide areas of procedure or conduct that may need to be addressed. The video provides the supervisor in our small department the ability to have contact with all officers of the department even though they were not physically able to work with each officer on duty. 4. Describe the agency's guidelines for reinforcing techniques that are lawful and appropriate. One of the intended benefits of the Oak Park Heights Police Department implementing the use of in car video department wide will allow the department to conduct random, periodic review of all officers conduct and abilities while performing on the street. This will assist in providing feedback for the department in the area of needed training and complaince with state law, federal law, constitutional requirments, and compliance with department policy. Officers found not in compliance would be subject to various levels of retraining or discipline. 7 Grant Terms and Conditions Purchase of Equipment. Any equipment purchased under this grant shall be used primarily for traffic safety purposes during the life of the equipment. The Grantee may not deviate from this requirement and may not dispose of any equipment unless it has first obtained permission from the State. Only equipment specified in the grant may be purchased. Responsibility for Equipment. The Grantee shall be responsible for all operating, maintenance, and repair costs of equipment purchased under this grant unless otherwise specified. Title to equipment acquired under this grant shall vest upon the Grantee. This grant is subject to all applicable federal and state statutes and regulations, including, but not limited to the following: Section 504 of the Rehabilitation Act of 1973 (29 U.S.C. 794) and 49 CFR Part 27 which relates to handicapped persons. 49 CFR Part 23 — Participation by minority enterprises in Department of Transportation Programs; 49 CFR Part 29 Subpart F — The Drug -Free Workplace Act of 1988; 23 U.S.C. 101 Note and 41 U.S.C.10a — Buy America Act; and 49 CFR Part 29 — Certification Regarding Debarment and Suspension. These provisions are incorporated by reference and made a part of this grant. Title VI of the Civil Rights Act of 1964, as amended. By signing below, I certify that the information contained in this application is true and correct to the best of my knowledge, that I have the authority to enter into this grant application as required by applicable articles, bylaws, resolutions, or ordinances, and the Grant Applicant will meet all the terms and conditions required of the DPS /OTS 2010 In -Car Camera Grant Application. Name/Title Date 8 OAK PARK HEIGHTS POLICE DEPARTMENT MANUAL 2 -300.1 IMPARTIAL POLICING POLICY Effective: 11-01-01 Distribution: All Purpose: This policy is intended to reaffirm our department's commitment to impartial/unbiased policing and to reinforce procedures that serve to assure the public that we are providing service and enforcing laws in a fair and impartial manner to all. POLICY. A) Policing Impartially 1) Investigative detentions, pedestrian and vehicle stops, arrests, searches and property seizures by officers will be based on a standard of reasonable suspicion or probable cause in accordance with the Fourth Amendment of the United States Constitution. Officers must be able to articulate specific facts, circumstances and conclusions that support reasonable suspicions or probable cause for investigative detentions, pedestrian and vehicle stops, arrests, nonconsensual searches and property seizures. 2) Except as provided in paragraph (3), officers shall not consider race, ethnicity, national origin, gender, sexual orientation and religion in establishing either reasonable suspicion or probable cause. 3) Officers may take into account the descriptors in paragraph (2) of a specific suspect(s) based on information that links specific, sus p , petted, unlawful or suspicious activity to a particular individual or group of individuals. This information may be used in the same manner officers use specific information regarding age, height, weight, etc. about specific suspects. B) Preventing Perception of Biased Policing - Procedural Guidelines In an effort to prevent the perception of biased law enforcement, officers shall utilize the following guidelines: • Be respectful and professional • Introduce or identify yourself to the citizen and state the reason for the contact as soon as practical, unless providing this information will compromise officer or public safety. • Ensure that the detention is no longer than necessary to take appropriate action for the known or suspected offense. • Attempt to answer any relevant questions the citizen may have regarding the citizen/officer contact, including relevant referrals to other agencies when appropriate. ■ Provide your name and badge number when requested, by giving subject your department business card with that information on it. Explain and/or apologize if you determine that the reasonable suspicion was unfounded (e.g. after an investigatory stop). SUPERVISION AND ACCOUNTABILITY: Supervisors shall ensure that all personnel in their command are familiar with the content of this policy and are operating in compliance with it. Oak Park Heights Police Department Policy Re: In car video Systems Effective Date: 04 -28 -2010 Revision Dates: Procedure #: 6 -818 A. Purpose The purpose of this policy is to provide the Oak Park Heights Police Department with guidelines for the use, management, access, retention, handling of evidence, degaussing, storage, and retrieval of audio - visual media recorded by in -car video systems. B. Definitions 1. Recorded Media —Means audio -video signals recorded on any of several storage devices, including, but not limited to, analog tape (VHS, SVHS, Hi 8mm), digital tape (DV),or other portable digital storage devices (CD, DVD, hard drive, flash card, etc.). 2. In -Car Camera System and Mobile Video Recorder (MVR) —These are synonymous terms and refer to any system that captures audio and video signals, that is capable of installation in a vehicle, and that includes at minimum, a camera, microphone, recorder, and monitor. 3. Supervisor— Licensed peace officers appointed with responsibility to serve as a supervisor. 4. MVR Technician — Personnel, licensed or civilian, that are trained in the operational use and repair of MVRs, duplicating methods, storage and retrieval methods and procedures, and who possess a working knowledge of video forensics and evidentiary procedures. 5. Degaussing — Electronic cleansing by overwriting, erasing, and /or destruction of electronic storage media of analog and digital recording media that returns the media to its original state so it is ready for the imprinting of new images. 6. Activate —Any process which causes the MVR system to transmit or store video or audio data. 7. Law Enforcement Operator (LEO) — Primarily, a licensed peace officer, but on occasion may be a non sworn representative of the agency, who would be authorized and assigned to operate MVR equipped vehicles to the extent consistent with Minnesota Statute 169.98. 8. MGDPA —The Minnesota Government Data Practices Act, Minnesota Statutes Chapter 13. C. Policy The use of the MVR system provides documentation of law enforcement interaction with the public by providing evidence for the judicial system, internal review, or review by the public through formal request by agency specific method. The primary function of the MVR is for officer safety and not to initiate disciplinary action against the officer, but the data collected on the MVR may be used as evidence relating to a complaint of misconduct made against an LEO by any person present at the scene of the incident when such complaint could result in additional training, counseling or disciplinary action in accordance with agency policy. D. Procedures 1. Operational Objectives The agency has adopted the use of MVRs to accomplish the following objectives: a. To enhance officer safety b. To accurately document statements and events during the course of an incident c. To enhance the officer's ability to document and review statements and actions for both internal reporting requirements and for courtroom preparation /presentation d. To provide an impartial measurement for self- critique and field evaluation during recruitment and new officer training e. To preserve visual and audio information for use in current and future investigations f. To enhance the public trust by preserving objective factual representations of officer- citizen interactions in the form of video and audio recordings made via an in -car camera system, and g. To identify training needs 2. General Procedures It is the responsibility of this agency to ensure that the audio -video recording equipment is properly installed according to the manufacturer's recommendations. a. MVR equipment shall automatically activate when emergency equipment (lights, sirens) is operating or an LEO can start recording when they are outside their vehicle via a wireless transmitter. The system may also be activated manually from the control panel affixed to the interior of the vehicle. b. Placement and operation of system components within the vehicle shall be based on officer safety requirements and manufacturers recommendations. c. All staff shall successfully complete an approved course of instruction prior to being deployed with MVR systems in operational settings. d. The agency will establish and maintain a method for the public to view recorded events to the extent that such data is classified as public under the MGDPA. e. The agency will ensure officers, investigators, and prosecutors have access to the recorded events according to agency specific method for making the recordings accessible within the criminal justice system. f. The MVR System shall be configured to minimally record for 30 seconds, prior to an event. An agency has the discretion to increase the pre event record time. g. The MVR System may not be configured to record audio data occurring prior to activation. i w 3. Officers' Responsibilities Inspection and general maintenance of MVR equipment installed in agency vehicles shall be the responsibility of the LEO assigned to the vehicle. a. MVR equipment shall be operated in accordance with the manufacturer's recommended guidelines and agency training and policies. b. Prior to beginning each shift, the assigned LEO shall perform an inspection to ensure that the MVR is performing in accordance with the manufacturer's recommendations covering the following matters: • Remote audio transmitter is functional and has an adequate power source • Connected to the recording equipment • The transmitter can remotely activate the system • The view of all cameras shall be free of obstruction • All camera lenses shall be operational • Camera facing intended direction • Recording mechanism capturing both audio and video information • System plays back both audio and video tracks Malfunctions, damage or theft of in -car camera equipment shall be reported to the immediate supervisor prior to placing the unit into service. 1. An agency specific report shall be completed documenting the suspected cause(s) of equipment failure or any recommendations for corrective actions. The supervisor shall determine if the vehicle shall be placed in service without an operating MVR and the emergency communications center shall be so informed. 4. MVR Recording To the extent practical without compromising officer safety, the MVR system should be activated and /or operated under the following circumstances and conditions: a. Traffic stops (to include, but not limited to traffic violations, stranded motorist assistance and all crime interdiction stops) b. Priority responses c. Vehicle pursuits d. Arrests e. Vehicle searches f. Physical or verbal confrontations, or use of force g. Prisoner transports h. Crimes in progress L Any situation where a non prisoner is in the vehicle and being transported; e.g., a child, an elderly person, someone having a medical event j. Any situation or incident that the officer, through training and experience, believes should be audibly and visually recorded k. Law enforcement operators are encouraged to narrate events using the audio recording, so as to provide the best documentation for pretrial and courtroom presentation I. When the MVR is activated, law enforcement officers shall ensure that the audio portion is also activated so all events are properly documented i m. And others at agency discretion. Officers not initiating a recording at these times will be able to articulate the specific reasons for not activating the recording. Officers found to be in violation of not recording events on a frequent basis may be subject to disciplinary action. S. Operational Protocols a. To prevent bleed over and /or noise from other MVRs in systems using low band transmitters (analog), only the primary LEO initiating the contact shall activate his or her audio recorder. b. Law enforcement operators using digital transmitters that are individually synchronized to their individual MVR shall activate both audio and video recordings when responding in a support capacity in order to obtain additional perspectives of the incident scene. c. Law enforcement operators may have access to review the recordings when preparing written reports or statements of events to help ensure accuracy and consistency of accounts. d. With the exception of law enforcement radios or other emergency equipment, law enforcement operators shall not use other electronic devices within the law enforcement vehicle in order to intentionally interfere with the capability of the MVR System to record audio data. e. Law enforcement operators shall not erase, alter, reuse, modify or tamper with MVR recordings. Only a supervisor, MVR technician, or agency approved designee may erase and reissue previously recorded recordings and may only do so pursuant to the provisions of this policy. f. To prevent damage, original recordings shall not be viewed in any equipment other than the equipment issued or authorized by the MVR technician g. MVR recordings shall be considered evidence, designated by the LEO for the appropriate retention and be submitted to the agency approved designee to ensure that the recording is retained in accordance with the agency's policy. h. Any other activities when in the LEO's judgment it would be beneficial to do so. i. When the MVR is activated to document an event, it shall not be deactivated until the event has been concluded unless: 1. The incident or event is of such duration that the MVR may be deactivated to conserve recording times 2. The LEO does not reasonably believe that deactivation will result in the loss of critical documentary information 3. The intention to stop the tape has been noted by the LEO either verbally or in a written notation j. The recording media shall be replaced as needed. The ability of the MVR to record on hard disk will allow the operator to continue use after the media disk is full. The MVR will write the recorded information to media disk when the new clean disk is inserted. Officers should not wait longer than necessary to replace the media disk after notification the current media is full. Officers should replace the media at the first opportunity. 6. Supervisor's Responsibilities I i a. Supervisors shall ensure unrecorded media and when reasonably possible prior to issuance, will be assigned an identification number to the exterior of the media. 1. The numbered media is then recorded in the MVR chain of custody log 2. If the media is a computer hard drive, a computer generated file number shall be generated internally. b. Recorded media will be entered into evidence consistent with current evidence standards and policy. c. When an incident arises that requires the immediate retrieval of the recorded media (e.g., serious crime scenes, agency shootings, agency involved crashes, a supervisor shall respond to the scene and ensure that the appropriate supervisor, MVR technician, or crime scene investigator removes the recorded media. The technician or investigator shall then: 1. Place the media into evidence and provide copies to authorized investigative personnel 2. Ensure the appropriate notation is made in the chain of custody log d. The supervisor shall periodically review the chain of custody log to ensure that issued media is surrendered in a timely manner. The supervisor is responsible for determining causes for such problems (e.g., unreported problems with the MVR equipment or equipment not being used in accordance with agency policy). e. Supervisors who are informed or otherwise become aware of malfunctioning equipment shall ensure that authorized personnel make repairs in a timely manner. f. Supervisors shall conduct periodic reviews of officer assigned media in order to periodically: 1. Assess officer performance 2. Assure proper functioning of MVR equipment 3. Determine if MVR equipment is being operated properly 4. Identify recordings that maybe appropriate for training g. Supervisors shall conduct bi- weekly reviews of personnel who are newly assigned MVR equipment in order to ensure compliance with agency policy. These reviews shall continue until such time as the supervisor believes new operator is competent. Supervisors shall thereafter conduct agency designated reviews. h. Ensure recordings that have been tagged for extended retention are tagged properly. i. Supervisors may activate the MVR system remotely to monitor a developing situation such as a chase, riot, or other event threatening public safety, officer safety, or both when the purpose is to obtain tactical information to assist in managing the event. Supervisors shall not remotely activate the MVR system for the purpose of surveillance regarding the conversations or actions of an officer. 7. Evidence, Storage, and General Operations Procedures a. The evidence officer is responsible for the ordering, issuance, retrieval, storage, and duplication of all recorded media. b. The evidence officer shall be responsible for collecting all completed media or for over sight and verification of wireless downloaded media. c. Once the media is surrendered, the technician shall: 1. Ensure it is stored in a secured location with authorized controlled access; and 2. Make appropriate entries in the chain of custody log d. Recorded media may only be degaussed: 1. Pursuant to a court order 2. In accordance with established retention policies e. For the purpose of accountability, all media will be assigned an identification number prior to issuance to the field. The evidence officer will maintain a record database of issued media. f. The evidence officer shall coordinate with field supervisors to ensure that an adequate supply of recorded media is available. g. The evidence officer shall be responsible for the following: 1. Long -term storage of media deemed to be of evidentiary value consistent with the agency's evidence storage protocols and retention schedule 2. The degaussing and re- issuance of all other media deemed to be of no evidentiary value consistent with the agency's document retention requirements I i S. Media Access a. All recording media, recorded images and audio recordings are the property of the agency and subject to the provisions of the MGDPA. Dissemination outside of the agency is strictly prohibited except to the extent permitted under the MGDPA, Peace Officer Disciplinary Procedures Act or other applicable law and without written authorization of the agency's chief executive or his or her designee. b. To prevent damage to, or alteration of, the original recorded media; it shall not be copied, viewed or otherwise inserted into any device not approved by the agency. c. When possible, a copy of the original media shall be used for viewing by investigators, staff, training personnel, and the courts (unless otherwise directed by the courts) to preserve the original media in pristine condition. d. At the conclusion of the trial proceedings or as otherwise authorized by the prosecutor's office for which the media was required, all copies shall be submitted to the evidence officer for further storage. e. An officer who is captured on or referenced in the video or audio data may review such data and use the data for any purpose relating to his /her employment. 9. Handling of Evidence a. The MVR equipment will be used in the prosecution of those who violate the law, and to provide objective information concerning police /citizen contacts. b. Recordings containing data which must be retained in anticipation of pending civil action or are collected as part of an active investigation for the commencement or defense of a pending civil action against the state shall continue to be in the control of the agency, in conjunction with the Attorney General's Office. c. When a recording contains evidence for a case which is being investigated by another agency, that agency shall be provided a duplicate copy of the recording with the approval of the Chief Law Enforcement Officer. i