A communication transmitted from Louis A. DePasquale, City Manager, relative to Awaiting Report Item Number 19-53, regarding a report on how media collected by handheld photo/video devices is used, stored, and shared

TELEPHONE [phone removed] WEB www.cambridgepolice.org FACEBOOK facebook.com/CambridgePolice TWITTER twitter.com/CambridgePolice Louis A. DePasquale City Manager Dr. Branville G. Bard, Jr. Police Commissioner To: City Manager, Louis A. DePasquale From: Police Commissioner, Branville G. Bard, Jr. Date: July 29, 2019 Ref.: Awaiting Report #19-53, dated May 6, 2019 Re: Photographs or video footage using handheld devices, such as phones and cameras The purpose of this response is to address Awaiting Report #19-53, dated May 6, 2019, whereby the City Manager was requested to confer with the Police Department and other relevant City staff on how media collected by handheld photo/video recording devices is used, stored, and shared. The police department does utilize handheld devices, such as phones and cameras to take photographs and/or video footage in the line of duty. The media files are stored in one of three locations, depending on the individual who took the photographs and/or video footage and the type of device utilized. To that end, photographs and/or video footage are stored in the Department’s records management system (QED) as attached files, with the Department’s Identification Section on a designated computer storage drive, or logged in to the Department’s Property and Evidence Room on an external storage device. As a general rule, these files are stored indefinitely to maintain investigation and conviction integrity. See generally M.G.L. c. 278A, § 16 (requiring the Department to retain evidence that is collected for its potential evidentiary value during the investigation of a crime, the prosecution of which results in a conviction, for the period of time that a person remains in the custody of the Commonwealth or under parole or probation supervision in connection with that crime, without regard to whether the evidence or biological material was introduced at trial). Furthermore, the Massachusetts Municipal Records Retention Schedule requires that incident reports concerning non-criminal investigations, including any addenda thereto, such as photographs or videos, be retained for three years, and that criminal investigation reports, depending on the nature of the crime, be retained for either seven years, eleven years, or permanently. See §§ 16.033–16.040 of the Massachusetts Municipal Records Retention Schedule. The police department does regularly share visual media files with other law enforcement agencies for investigatory and officer safety purposes. Sharing these types of files is critically necessary to identify suspects, locate missing persons, and/or alert fellow law enforcement about dangerous offenders. The Department is also required to produce photographs and/or video footage in the event of a criminal prosecution. See Mass. R. Crim. P. 14(a)(1)(A)(“Mandatory Discovery for the Defendant”).

ADDRESS ALL COMMUNICATIONS TO 125 SIXTH STREET, CAMBRIDGE, MASSACHUSETTS 02142 Finally, when the City becomes a party to civil litigation or reasonably foresees becoming involved in civil litigation, in most instances the City will be required by the rules of state and federal courts to retain and preserve relevant documents, including photographs and videos. Failure to take the steps necessary to ensure the preservation and retention of photographs or videos which are relevant to civil litigation could compromise the City’s ability to defend itself and/or lead to the imposition of sanctions by a Court. Therefore, there may be circumstances where the City is required to retain and preserve photographs or videos in response to a complaint filed in court or otherwise where civil litigation is foreseeable. In civil litigation, the City may be required to produce photographs or videos in response to a discovery request where the City is party to the case, or if the City is not a party to the case, in response to a subpoena. Absent a privilege, law, regulation, or rule permitting the City to withhold documents sought in discovery in a civil matter, the City would be required to turn over photographs or videos responsive to a discovery request to the requesting party or face the imposition of sanctions, including, but not limited to, monetary sanctions, from a court. I hope you find this response satisfactory, and if there are any additional questions or information needed regarding this matter, please let me know. The police department will continue to comply with the standards outlined in the recently ordained Surveillance Ordinance and will work to address any related issues. Sincerely, Branville, G. Bard, Jr. Police Commissioner