ROCKINGHAM A NEEEE CITY LOOKING GHRIREKES FORWARD CITY COUNCIL AGENDA February 9, 2016 7:30 p.m.  1. 2. 3. 4.  Opening of meeting by Mayor Steve Morris. Methodist Church (Rockingham). Amendments and Changes to Agenda.  Invocation by Reverend Allison Farrah, Associate Pastor of First United  Consent Agenda:  A.  Disposition of Minutes of the January 12, 2016 Regular Meeting.  B. Tax Collector's Report. (See Pages 5-8)  Informational Items: 1.) Monthly Collection Report  2.) Uncollected Taxes as of. January 31, 2016. 1.) Refunds per County Assessor's Office. 2.) Discovery bills added to Tax Scroll. 3.) Releases per County Assessor's Office.  Action Items:  C.  Minutes of various boards.  5.  Business by Planning Board. (none) A. Set Public Hearing. B. Hold Public Hearing. C. Minutes from Various Boards  514 Rockingham Road, Rockingham, NC 28379 Phone  '5 9088 Fax 910,9976617-www.goroctingham.com    City Council Agenda February 9, 2016 Page 2  6. Adopt Budget Ordinance Amendments for FY 2015-16 Powell Bill Funds.  (See Page 9)  7. Presentation on Richmond Public Library System programs and services 8. Presentation of Rockingham Fire Department's Annual Report for 2015 9. Consideration of approval of Rockingham Police Department Policy governing use of Body-Worn Cameras (BWC) (See Pages Manager's  by Director Kelly Vadney.  by Fire Chief Harold Isler. (Enclosed separately)  Comment & pages 10-13)  10. Business by Visitors. 11. Business by City Clerk. 12. Business by City Manager. 13. Business by City Attorney. 15. - Business by Mayor. 17. Adjournment.  14. Items of discussion by City Council Members.  16. Closed Session G.S. 143-318.11 (a) (5) real estate.  2-    7  Monty R. Crump City Manager  ROCKINGHAM  A CITY LOOKING FORWARD  MEMO TO: Mayor Steve Morris & City Council  FROM: DATE: RE:  Monty R. Crump, City Manager February 2, 2016 Agenda Items  REGULAR AGENDA:  9.  Consideration of approval of Rockingham Police Department Policy governing use of Body-Worn Cameras (BWC) (See Pages Manager's  Comment & pages 10-13)  The Rockingham Police Department anticipates that it will receive BWC within the next couple of weeks. The cost of the BWC is approximately $17,500 which includes computer hardware and software to administer BWC is included in cost. The full cost of the BWC is covered by a grant received from the Governor's Crime Commission. Enclosed please find proposed BWC Policy prepared by Chief Kelly. I have reviewed the proposed policy with Chief Kelly and I both recommend the policy and commend Chief Kelly for a job well done. Due to the fact that most law enforcement agencies are just beginning to use BWC there are not a lot of model policies to gain insight from in drafting one for RPD. As with all new policies governing new technology in law enforcement, this policy will change over time as court cases and other events dictate changes in elements contained in this proposed policy. As an example, a very recent decision in a court case involving tasers has prompted additional change to RPD's taser use policy, one of several since that policy was adopted many years ago. The Chief and I look forward to hearing your direction on adoption of the BWC  Policy as presented.  -3-  514 Rockingham Road, Rockingham, NC 28379. Phone (910)895 9088-Fax (910) 9970017-Www.gorocaingham.com    Rockingham, NC  City Council Agenda  SUPPORT DOCUMENTS  4-    9  0 à  8  5-    UNCOLLECTED TAXES  YEAR 2015 2014 2013 2012 2011 2010 2009 2008 2007 2006 2005 2004  AMOUNT 239,117.68 35,925.03 26,585.46 17,915.72 15,934.68 12,108.28 10,256.87 8,925.59 5,290.51 4,294.50 3,973.77 3,004.32  January 2016  239,117.68 144,214.73 383,332.41  Total Current Year Total Past Years Total All Years    y  0  -I  9  5  3 a DE d0 00 a 8E 5 R    0 8  0 3 9  O  8-    ROCKINGHAM EENSATSMEACSNE ACITY. LOOKING EGNAEE/S FORWARD  Budget Ordinance Amendments Fiscal Year 2015-16 POWELL BILL AMENDMENTS 10-343-2000 Powell Bill Allocation 10-399-2010 Powell Bill Fund Balance 10-570-3450 Powell Bill Cont. Services  Decrease Increase Increase  1,346.16 82,957.23 81,611.07  Adopted this the 9th day of February, 2016.  Signed:  M. Steven Morris Mayor  Attest:  Gwendolyn F. Swinney, CMC, City Clerk  514 Rockingham Road, Rockingham, NC 28379 Phone -9- = 75 9088 Fax 970,9978617-www3soroctmgnm.con    ROCKINGHAM POLICE DEPARTMENT W.D. KELLY, CHIEF OF POLICE  Title: Body-Worn Camera Date Issued: January 25, 2016  Procedure: 5.806  Revised: LPURPOSE  This policy is intended to provide officers with instructions on when and how to use body-worn cameras (BWCs) sO that officers may reliably record their contacts with the public in accordance with the law.[1] Itis the policy oft this department that officers shall activate the BWC when such use is appropriate to the proper performance of his or her official duties, where the recordings are consistent with this policy and law. This policy does not govern the use of surreptitious recording devices used in undercover operations.  I.POLICY  IlI. PROCEDURES A. Administration are as follows:  This agency has adopted the use of the BWC to accomplish several objectives. The primary objectives 1.E BWCs allow for accurate documentation of police-public contacts, arrests, and critical incidents. They 2. Audio and video recordings also enhance this agency's abilityt to review probable cause for arrest, officer and suspect interaction, and evidence fori investigative and prosecutorial purposes and to provide 3. The BWC may also be useful in documenting crime and accident scenes or other events that include 4. The Department recognizes that video images cannot always show thet full story nor do video images capture an entire scene. The use of body-worn cameras does not reduce the requirement to provide thorough written documentation of an incident. Persons reviewing recordings must also be cautious  also serve to enhance the accuracy of officer reports and testimony in court.  additional information for officer evaluation and training. the confiscation and documentation of evidence or contraband.  before conclusions are reached about what the recordings show.  B. When and How to Use the BWC  1. Except as otherwise provided in this policy, officers shall activate body-worn cameras to record all 2. Officers shall wear body-worn cameras above the midline of their torso and in position designed to 3 Unless the interaction with a citizen is in an undercover assignment, wherever possible officers should  contacts with citizens in the performance of official duties.  produce an effective recording.  -10-    inform individuals that they are being recorded. Officers have no obligation to stop recording in response to a citizen's request if the recording is pursuant to an investigation, arrest, lawful search, or the circumstances clearly dictate that continued recording is necessary. However, officers should evaluate the situation and when appropriate, honor the citizen's request. The request to turn the camera off should 4. The officer shall document in an official report any instance where the officer fails to activate the BWC, fails to record the entire contact, interrupts the recording, BWC malfunction, or why a recording was not 5.1 Non-Department personnel shall not be allowed to review the recordings unless pursuant to written Note: N.C.G.S. 132-1.4 Criminal Investigations; intelligence information records; Innocence Inquiry Commission records. Records of criminal investigations conducted by public law enforcement agencies, records of criminal intelligence information complied by public law enforcement agencies, and records of investigations conducted by the North Carolina Innocence Inquiry Commission, are not public records as defined by G.S. 132-1. Records of criminal investigation conducted by public law enforcement agencies or records of criminal intelligence information may be released by order of a court of competent  be recorded, as well as the officer's response. made, was interrupted, or was terminated. consent by the chief or a court order.  jurisdiction.  C.D Deactivation of the body-worn camera shall occur when: 2. Victim and/or witness contact has concluded; 3.. All persons stopped have been released;  1. The event has concluded;  4. Once an arrestee has been placed into a vehicle to be transported to a detention facility. However, the officer transporting the arrestee to the detention facility shall keep the officer's body-worn camera  activated until custody oft the individual is transferred to the detention facility  D. Procedures for BWC Use  1. BWC equipment is issued primarily to uniformed personnel as authorized by this agency. Officers who are assigned BWC equipment must use the equipment unless otherwise authorized by supervisory 2. Any member assigned to a non-uniformed position may carry a BWC at any time the member believes that such a device may be useful in the performance of their duties. Unless conducting al lawful recording in an authorized undercover capacity, non-uniformed members should wear the BWC in a conspicuous manner when in use or otherwise notify the persons they are being recorded, whenever possible. Note: North Carolina law permits an individual to surreptitiously record any conversation in which one 3. Officers assigned al body-worn camera may use the camera at approved off-duty employment, but only inc connection with their Department duties. If usedi for this purpose, the officer shall download all files 4. Police personnel shall use only BWCs issued by this department. The BWC equipment and all data, images, video, and metadata captured, recorded, or otherwise produced by the equipment is the sole 5. Police personnel who are assigned BWCs must complete an agency approved and/or provided training  personnel.  party the conversation has given his or her permission (N.C.G.S. 15A-287).  during their next regularly assigned on-duty shift.  property of the agency.  -11-    program to ensure proper use and operations. Additional training may be required atp periodic intervals to ensure the continued effective use and operation of the equipment, proper calibration and performance, 6.E BWC equipment is the responsibility of individual officers and will be used with reasonable-care to ensure proper functioning. Equipment malfunctions shall be brought to the attention of the officer's 7. Officers shalli inspect and test the BWC prior to each shift in order to verify proper functioning and shall  and to incorporate changes, updates, or other revisions inj policy and equipment. supervisor as soon as possible sO that a replacement unit may be procured.  notify their supervisor of any problems.  8. Problems with body-worn cameras are handled by the Patrol Commander.  9.Officers shall note edit, alter, erase, duplicate, copy, share, or otherwise distribute in any manner BWC recordings without prior written authorization and approval of the Chief of Police or his or her designee. 10. Officers are encouraged to inform their supervisor of any recordings that may be of value for training 11.To ensure accuracy and consistency, officers are encouraged to review recording prior to preparing reports. If an officer is suspected of wrongdoing or involved in an officer-involved shooting or other serious use of force, the department reserves the right to limit or restrict an officer from viewing the video 12. Requests for deletion of portions of the recordings (e.g., int the event of a personal recording) must be submitted in writing and approved by the Chief of Police or his or her designee in accordance with state 13. Officers shall note in incident, arrest, and related reports when recordings were made during the incident in question. However, BWC recordings are not a replacement for written reports.  purposes.  file.  record retention laws. All requests and final decisions shall be kept on file.  E. Restrictions on Using the BWC be used to record:  BWCs shall be used only in conjunction with official law enforcement duties. The BWC shall not generally 1.Communications with other police personnel without the permission of the Chief of Police;  2. Encounters with undercover officers or confidential informants; 3. When on break or otherwise engaged in personal activities; or  4. In any location where individuals have a reasonable expectation of privacy, such as a restroom or 5. When an officer would be recording a patient during a medical or psychological evaluation bya a clinician or similar professional, or during treatment. When recording in hospitals or other medical facilities, officers shall be careful to avoid recording persons other than the suspect. 6. Communications made in a psychiatric facility, unless responding to a call involving a suspect who is  locker room.  thought to be present in the facility.  F.Storage  1. All files shall be securely downloaded periodically and no later than the end of each shift. Each file shall  contain information related to the date, BWC identifier, and assigned officer.  -12-    2. Alli images and sounds recorded by the BWC are the exclusive property of this department. Accessing, 3. All access to BWC files must be specifically authorized by the Chief of Police or his or her designee, and all access is to be audited to ensure that only authorized users are accessing the data for legitimate 4. Files should be securely stored in accordance with state records retention laws and no longer than useful for purposes of training or for use in an investigation or prosecution. In capital punishment prosecutions, recordings shall be kept until the offender is no longer under control of a criminal justice  copying, or releasing files for non-law enforcement purposes is strictly prohibited.  and authorized purposes.  agency.  Category Retention Period Non-Citizen involvement Traffic Stop - Warning Traffic Stop -Infraction Traffic Stop = Misdemeanor Traffic Stop - Felony Non-Criminal Offenses IARPD Criminal Investigation - Non Felony Criminal Investigation - Felony  45 Days 45 Days 45 Days 3 Years 20 Years 45 Days 4 Years 3Y Years 20 Years  Non-Citizen Involvement: Video that does not contain an interaction with a citizen, suspect or associated with any other category. Ex: Pre shift test video, blue light and TASER spark test, Traffic Stop Warning: Verbal or written warning, with no citation or arrest, regardless of reason for Non-Criminal Offenses: Interaction with a citizen that is not related to a criminal charge or IARPD: All video associated with an internal investigation should be categorized IARPD, unless the suspect is charged with a felony. Ifs so, it shall be categorized as traffic stop or criminal  accidental activation. stop. investigation. investigation - felony G. Supervisory Responsibilties  1. Supervisory personnel shall ensure that officers equipped with BWC devices utilize them in accordance 2. At least on a monthly basis, the Patrol Commander will randomly review BWC recordings to ensure that the equipment is operating properly and that officers are using the devices appropriately and in accordance with policy and to identify any areas in which additional training or guidance is required.  with policy and procedures defined herein.  H. Handling of Digital Multimedia Evidence  Anyt time a member records any portion of a contact that he/she reasonably believes constitutes evidence ina criminal case, the member will request from the Patrol Commander a copy and provide it to the  District Attorney's office in accordance with N.C.G.S. 15A -903.  -13-    DEPARTMENTAL ACTIVITY REPORTS  for  COUNCIL'S INFORMATION  -14-    6A  $A  -15-    A 88    ROCKINGHAM VIKSESL CITY  LOOKING FORWARD M7STY3  To: From: Date: Subject:  Monty Crump, City Manager  Dave Davis, Parks and Recreation Director  February 1, 2016 Activity Report  The following is an update on Parks and Recreation Activities.  Youth Basketball -A All schedules are current with post season tournaments beginning Thursday,  February 18th and concluding Saturday, February 27th.  Youth Soccer- Registration deadline is Thursday, February 18th. Enrollment to date has been steady, and with the change in our registration process, final results should prove interesting. Youth Baseball/Softball = We will begin the registration process for these two programs on Hinson Lake - Reservations are consistent and will increase as we approach the warmer  Monday, February 15th and conclude Monday, March 7th.  months.  514 Rockingham Road, Rockingham, NC 28379 Pho -17- 95 9088 Fax (910).9976617- www.gorockingham.com    FIRE CHYEF HAROLDI ISLER ADMIN.ASST. KRISTYI PLAYER  ASST.CHIEF DAVIDMULLIS CAPTAIN  4 D January-16  We are pleased to submit the monthly fire report on the activities undertaken by the Rockingham  Fire Department during the month of. January 2016.  Total Alarms: Turn In Alarms: Wrecks: Smoke Scare: Power line down: Chimney fire: Electrical:  41 0 14 1 Z 1 0  In Town: Silent Alarms: Alarm Malf: Vehicle fire: Service Call: Co detector: Assist EMS:  41 41 9 0 0 0 1  Outof Town: Structure: Good Intent: Trash/outside fire: 1 Gas Leak/Spil!: Assist Police: Mutual aid:  0 0 4 3 0 0  Hours Spent on Calls: 14 hours 3 minutes Total Property Exposed to Fire: Total Property Damaged by Fire: Total Property Saved:  $0.00 $0.00 $0.00  During the month of. January full time members of thet fire department averaged 34 training hours  per person; part-paid members averaged 3 hours per person for the month.  Public Life & Safety: Installed 3 car seats Inspected all city buildings Respectfully Submitted, Mea Fire Chief Harold Isler  "Sparky had a visit with Mt.Olive Church for al birthday party -All employees completed Bloodborne pathogen upgrade class  -18-  231 S. LAWRENCE ST. ROCKINunAM. NC 28379 I 910-997-4002    ROCKINGHAM cmY LOOKING FORWARD W.D. Kelly, Chief of Police To: Monty Crump  Rockingham Police Department  W. D. Kelly Chief of Police Date: February 2, 2016 Ref: January Activity Report  phom:  On behalf of the Rockingham Police Department, I am pleased to submit this report for your consideration. The following activities have been undertaken by officers of the Rockingham Police Department.  Total Calls for the Month: Animal Control Calls: Alarm Calls Escorts: Unlock Vehicles: Charges Generating Arrest: Felonies: Misdemeanors: Drug Violations: Juvenile: Warrants Served: Citations:  979 53 114 80 114  16 62 9 3 51 67  Accidents eported/nvestyated. Property Damage only: Personal Injury: Officer Hours Spent in Court: Officer Training Hours Logged Items of Interest:  44 2 49 221  The recent severe weather situation was handled efficiently and competently by our staff. No major problems arose as citizens were aware and stayed off the icy roads.  311E.. Franklin Street, Rockingham, N.C. 28379 Phone - 19 - -2468 Fax (910) 895-0899 wgorocinghampicon