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HomeMy WebLinkAbout080-26 RESOLUTIONPage 1 113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 Resolution: 80-26 File Number: 2026-475 A RESOLUTION TO APPROVE AMENDMENTS TO FAYETTEVILLE POLICE DEPARTMENT POLICIES 41.3.8 BODY WORN CAMERA & DIGITAL MOBILE VIDEO RECORDERS AND 52.1.1 OFFICE OF PROFESSIONAL STANDARDS WHEREAS, the Police Department is currently in the process of reviewing and updating policies to make necessary changes and to meet new protocols. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1: That the City Council of the City of Fayetteville, Arkansas hereby approves amendments to Fayetteville Police Department policies 41.3.8 Body Worn Camera & Digital Mobile Video Recorders and 52.1.1 Office of Professional Standards. PASSED and APPROVED on March 17, 2026 Approved: _______________________________ Molly Rawn, Mayor Attest: _______________________________ Kara Paxton, City Clerk Treasurer Mailing address: 113 W. Mountain Street Fayetteville, AR 72701 www.fayetteville-ar.gov CITY COUNCIL MEMO 2026-475 MEETING OF MARCH 17, 2026 TO: Mayor Rawn and City Council THROUGH: FROM: Tad Scott, Deputy Chief SUBJECT: Police Department Policies RECOMMENDATION: Staff recommends the approval of a resolution amending Fayetteville Police Department Policies 41.3.8 Body- Worn Camera & Digital Mobile Video Recorders, and 52.1.1 Office of Professional Standards (OPS) BACKGROUND: The Fayetteville Police Department is currently in the process of reviewing and updating policies to make necessary changes and to meet new protocols. DISCUSSION: Fayetteville Police Policy 41.3.8 Body-Worn Camera & Digital Mobile Video Recorders is an existing policy that contains changes, including changing "officers" to "sworn personnel" to match CALEA standard language, and updates to conform to current practices. Fayetteville Police Policy 52.1.1 Office of Professional Standards (OPS) is an existing policy that contains changes to meet updated practices and state statutes. BUDGET/STAFF IMPACT: These policies will not have any impact on the budget or staff at this time. ATTACHMENTS: 3. Staff Review Form, 4. Staff Memo, 5. 41.3.8 Body-Worn Camera & Digital Mobile Video Recorder, 6. 52.1.1 Office of Professional Standards Page 1 City of Fayetteville, Arkansas Legislation Text 113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 File #: 2026-475 A RESOLUTION TO APPROVE AMENDMENTS TO FAYETTEVILLE POLICE DEPARTMENT POLICIES 41.3.8 BODY WORN CAMERA & DIGITAL MOBILE VIDEO RECORDERS AND 52.1.1 OFFICE OF PROFESSIONAL STANDARDS WHEREAS, the Police Department is currently in the process of reviewing and updating policies to make necessary changes and to meet new protocols. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1: That the City Council of the City of Fayetteville, Arkansas hereby approves amendments to Fayetteville Police Department policies 41.3.8 Body Worn Camera & Digital Mobile Video Recorders and 52.1.1 Office of Professional Standards. City of Fayetteville Staff Review Form 2026-475 Item ID 3/17/2026 City Council Meeting Date - Agenda Item Only N/A for Non-Agenda Item Mike Reynolds 2/24/2026 POLICE (200) Submitted By Submitted Date Division / Department Action Recommendation: Staff recommends the approval of a resolution amending Fayetteville Police Department policies 41.3.8 Body-Worn Camera & Digital Mobile Video Recorders and 52.1.1 Office of Professional Standards (OPS). Budget Impact: Account Number Fund Project Number Project Title Budgeted Item?No Total Amended Budget $- Expenses (Actual+Encum)$- Available Budget $- Does item have a direct cost?No Item Cost $- Is a Budget Adjustment attached?No Budget Adjustment $- Remaining Budget $- V20221130 Purchase Order Number:Previous Ordinance or Resolution # Change Order Number:Approval Date: Original Contract Number: Comments: CITY OF FAYETTEVILLE ARKANSAS TO: Molly Rawn, Mayor FROM: Tad Scott, Deputy Chief of Police DATE: February 24, 2026 SUBJECT: Police Department Policies STAFF MEMO RECOMMENDATION: Staff recommends the approval of a resolution amending Fayetteville Police Department policies 41.3.8 Body -Worn Camera & Digital Mobile Video Recorders and 52.1.1 Office of Professional Standards (OPS). BACKGROUND: The Fayetteville Police Department is currently in the process of reviewing and updating policies to make necessary changes and to meet new protocols. DISCUSSION: Fayetteville Police Policy 41.3.8 Body -Worn Camera & Digital Mobile Video Recorders is an existing policy that contains changes, including changing "officers" to "sworn personnel" to match CALEA standard language, and updates to conform to current practices. Fayetteville Police Policy 52.1.1 Office of Professional Standards (OPS) is an existing policy that contains changes to meet updated practices and state statutes. BUDGET/STAFF IMPACT: These policies will not have any impact on budget or staff at this time Attachments: SRF 2026-475, Staff Memo, Fayetteville Police Department Polices for March 17, 2026 Meeting. Mailing Address: www.fayetteville-ar.gov 1800 N Stephen Carr Memorial Blvd Fayetteville, AR 72704 41.3.8 Body Worn Camera & Digital Mobile Video Recorders Page 1 of 14 VideoFAYETTEVILLE POLICE DEPARTMENT FAYETTEVILLE, ARKANSAS POLICIES, PROCEDURES, AND RULES Subject: 41.3.8 Body-Worn Camera & Digital Mobile Video Recorders 41.3.8 Effective Date: October 23, 2020 Reference: FPD 1.2.2, FPD Video12.1.1, 22.3, FPD 26.1.1, FPD 41.3.5, FPD 53.1, 54.1.1, and GO # 22 Version: 3 4 CALEA: 17.5.2, 41.3.8, 41.3.10, 53.1.1NT No. Pages: 8 I. PURPOSE The purpose of this policy is to provide officers sworn personnel with guidelines on the use and management of body-worn cameras (BWCs) and Digital Mobile Video Recorders (DMVRs). At times, body-worn cameras BWCs and DMVRs may document the audio/video of a police officer’s sworn personnel’s investigative and enforcement activities. The use of body-worn cameras BWCs and DMVRs are is expected to promote officer safety, strengthen police accountability, create a greater operational transparency, provide for more effective prosecution, and improve protection against false allegations of excessive use of force, misconduct, or unlawful or improper biased-based profiling/policing while protecting civil liberties and privacy interests [CALEA 41.3.8 a.]. II. POLICY It is the policy of this department the Fayetteville Police Department (FPD) that officers BWCs and DMVRs shall be used to record video and audio of interactions, in their entirety, that occur between sworn personnel and the public. Uniformed sworn personnel shall activate the body-worn camera BWCs and DMVRs during enforcement activities or public interactions specified by this policy. While all sworn personnel are issued BWCs, only those working in a uniformed capacity or under direct assignment to do so are required to wear or activate BWCs. Non-uniformed sworn personnel are not required to wear or activate BWCs during routine assignments unless specifically directed to do so, or when assigned to uniformed duties such as special events or temporary assignments. Unless otherwise specified, references to “sworn personnel” throughout this policy refer to those working in a uniformed capacity or acting under a specific directive to deploy BWC and/or DMVR equipment. All video/audio recordings captured by BWC or DMVR systems are the sole property of the FPD. These recordings shall not be duplicated, shared, or used 41.3.8 Body Worn Camera & Digital Mobile Video Recorders Page 2 of 14 without explicit authorization from the department as specified in this policy. when such use is The use of BWC and DMVR equipment shall be used appropriately to in the proper performance of his/her sworn personnel’s official duties, and where the recordings are be consistent with this policy and state law. This policy does not govern the use of recording devices used in undercover operations or Office of Professional Standards (OPS) investigations. A. Use of Equipment 1. The department-issued body-worn camera BWCs and DMVRs is are authorized for use in the course and scope of official duties as set forth in this policy. 2. The Chief of Police or his/her designee will shall select which body-worn camera BWCs and DMVRs shall be used by the police department. 3. Body-worn camera BWC equipment shall be issued to all sworn personnel; however, in instances of limited availability, priority shall be given to sworn personnel assigned to patrol and operational enforcement duties. Administrative personnel may be temporarily unassigned a BWC at the discretion of the Operations Support Division Captain to ensure operational readiness. 4. All marked patrol vehicles assigned to operational enforcement functions shall be equipped with departmentally issued DMVRs. Vehicles not routinely used for traffic stops or enforcement actions, such as those assigned to School Resource Officers (SROs) or the Community Oriented Policing (COP) Unit, may be exempt from this requirement, with approval from the Operations Support Division Captain. 5. Officers Sworn personnel shall only use departmentally approved issued body- worn cameras BWCs and DMVRs. 6. Sworn personnel wearing a Class “A” or “B” uniform as defined in Fayetteville Police Policy FPD 41.3.5 (Grooming and Uniform Requirements) and personnel assigned to motorcycle patrol and or bicycle patrol are required to wear the a body-worn camera BWC unless approved by a supervisor. a. There may be exceptional circumstances during call-out deployments and or when officers sworn personnel are in uniform while off-duty or on-duty, and there is need to take law enforcement action without having access to a body-worn camera BWC and/or DMVR. When practical, officers sworn personnel shall obtain authorization from a department supervisor before taking law enforcement action without wearing a body-worn camera BWC and/or DMVR. Examples of these circumstances include, but are not limited to: (1) Off-duty officers sworn personnel traveling to and from the police department after or before their assigned shift. 41.3.8 Body Worn Camera & Digital Mobile Video Recorders Page 3 of 14 (2) All deployments requiring immediate response. (3) Critical incidents when no other functioning body-worn cameras BWCs and/or DMVRs are available. 7. While working extra duty employment as defined in Fayetteville Police FPD Policy 22.3 (Secondary Employment) and wearing a Class “A” or “B,” motorcycle, or bicycle uniform, sworn personnel shall wear a body-worn camera BWC. Officers Sworn personnel shall ensure the camera is fully charged and ready for use when returning to duty. 8. The Administration Operations Support Division Captain or his/her designee shall maintain a record of assignment for each body-worn camera BWC and DMVR [CALEA 17.5.2]. 9. The body-worn camera BWCs shall be worn near the center of the officer’s torso at approximately chest height. Considerations such as an officer’s uniform limitations, height, and/or body type may necessitate a slight off-center placement of their body-worn camera BWC to obtain the best field of view. 10. DMVR equipment shall be positioned and calibrated in each marked patrol vehicle to provide optimal capture of vehicle stops and front-view interactions. 11. The body-worn camera BWC and DMVR equipment and all data, images, video, and metadata captured, recorded, or otherwise produced by the equipment are the sole property of the agency FPD. B. Training [CALEA 41.3.8 f.] 1. Prior to the issuance or use of body-worn cameras BWCs and/or DMVRs, all sworn personnel must shall complete department approved training and demonstrate proficiency in the operation and care of the camera each device. This training will shall include mandatory, permissible, and prohibited uses of the body-worn camera BWCs and DMVRs. 2. Additional training may be required for users and supervisors every three years, or as needed, to ensure the continued effective use and operation of the equipment, or adherence to policy revisions., or after any significant changes to operating systems or procedures. 3. Supervisors shall receive additional training specific to the review, documentation, and oversight responsibilities associated with BWCs and DMVRs. 4. Training shall include instruction on equipment operation, proper positioning, troubleshooting, storage procedures, legal considerations, privacy protections, and procedures for downloading, tagging, and categorizing recordings. 41.3.8 Body Worn Camera & Digital Mobile Video Recorders Page 4 of 14 5. The Training Division Unit will shall maintain a record of all BWC and DMVR training as required by this policy. C. Set up, Maintenance, and Data Upload [CALEA 41.3.8 d., e] 1. Assigned body-worn camera BWC and DMVR equipment is the responsibility of the individual officer and will shall be used with reasonable care to ensure proper functioning. 2. Officers Sworn personnel shall inspect and test the body-worn camera BWC and DMVR prior to each shift in order to ensure it both is are operational, and the BWC battery is fully charged. 3. Sworn personnel assigned to a patrol shift shall perform their BWC and DMVR test and vehicle inspection while assigned to the daily patrol briefing call. This policy recognizes there are circumstances in which sworn personnel may not be assigned to briefing, may be diverted due to operational needs, or may be assigned to specialized units that do not attend patrol briefing. In all such cases, sworn personnel are still required to perform the BWC and DMVR (if applicable) test. The test shall include the following steps: a. Upon entering the patrol vehicle and starting the engine, verify that the primary and secondary LEDs on the Axon Fleet 3 system are rapidly blinking green, indicating the system is powering on. The LEDs will turn solid green once the system is fully booted. b. Log in to the Axon Fleet Dashboard using department credentials. c. Select “Add Device” in the settings menu to connect the Axon Body 4 camera to the Axon Fleet system. d. Activate the vehicle’s emergency warning devices (lights and siren) as part of the standard vehicle inspection procedure. e. While the emergency warning devices are activated, confirm that: (1) The Axon Fleet 3 LEDs and the Axon Body 4 LED are blinking red, indicating both systems are actively recording. (2) The Axon Fleet Dashboard displays a red “Record” tab, confirming video capture is in progress. f. Observe the live feed on the Axon Fleet Dashboard to ensure all connected cameras (front, rear, and internal if applicable) are functioning and recording properly. g. To stop the recording, press the primary and secondary buttons on the Axon Fleet 3 system simultaneously until the lights return to solid green. The Axon Body 4 camera should return to a blinking green status, indicating standby mode. h. Navigate to the “Videos” tab on the Axon Fleet Dashboard and review the recently recorded video to confirm successful capture. 41.3.8 Body Worn Camera & Digital Mobile Video Recorders Page 5 of 14 i. If the officer is still assigned to the daily patrol briefing incident number, only one recording must be categorized. The system will automatically associate all related videos with the incident number and category. j. Using the Axon Fleet Dashboard or the Axon view mobile application, the officer shall: (1) Tag the test video with the briefing incident number, and (2) Categorize the video as “BWC Test.” k. If the officer is not currently assigned to the briefing incident number, he/she shall manually tag the video using the Axon Fleet Dashboard or Axon View mobile application with the correct incident number and “BWC Test” category. l. Sworn personnel who are diverted from briefing due to immediate operational needs, such as responding to a priority call or assisting the outgoing shift, are exempt from this procedure at the time of the diversion. Sworn personnel shall complete the BWC equipment check and vehicle inspection as soon as practical, and categorize the recording under the most appropriate briefing. 4. Officers Sworn personnel shall notify their supervisor immediately of any problems or malfunctions. The supervisor will shall make the determination determine if the body-worn camera equipment should be removed from service and a temporary replacement issued. 5. If a body-worn camera BWC or DMVR is damaged, lost, or stolen, the officer shall submit a memorandum through the chain of command. 6. The Administrative Lieutenant Office of Professional Standards (OPS)/Development Lieutenant will shall track damaged, lost, or stolen equipment. 7. The Chief of Police or his/her designee will shall assign peripheral supervisory assignments for the body-worn camera BWC and DMVR program. Department supervisors who have been assigned this primary or secondary responsibility shall ensure all cameras and related equipment are in a state of operational readiness. 8. At the end of shift or secondary employment, officers sworn personnel shall place the body-worn camera BWC into a docking station for upload of data. This will allow evidence to be transferred from the system to the video management solution and for the battery to be charged. The body-worn camera BWC should not ordinarily be removed from the dock until data has been uploaded and the battery is fully charged [CALEA 41.3.8 d]. 9. Sworn personnel are authorized to place their BWC into Sleep Mode, a low- power standby mode that disables recording and buffering, only while inside 41.3.8 Body Worn Camera & Digital Mobile Video Recorders Page 6 of 14 department buildings (including substations and annex locations), in buildings where a reasonable expectation of privacy exists (such as attorney offices, court buildings, and other law enforcement agencies), and during meal breaks or other periods of inactivity when no enforcement action is anticipated. Sleep Mode shall not be used while operating a police vehicle or when engaged in any activity where law enforcement action may be reasonably expected. Sworn personnel are responsible for ensuring the BWC is returned to active status upon exiting the authorized location or before engaging in any law enforcement activity. D. Activation of the Body-worn Cameras and Digital Mobile Video Recorders [CALEA 41.3.8 b.] 1. When possible, officers sworn personnel shall activate their body-worn camera BWC and DMVR to record all contacts with citizens in the performance of official duties. 2. If asked, the officer will sworn personnel shall inform the person they are being recorded. 3. Body-worn cameras Sworn personnel shall activate their BWC and DMVR (if applicable) shall be activated in the following circumstances. a. Detentions and arrests; b. Statements made by suspects; c. Consensual encounters; d. Traffic and pedestrian stops; e. K9 deployments; f. Emergency Response Team Deployments; g. Foot pursuits; h. Use of force; i. When serving an arrest or search warrant; j. Conducting any of the following searches on a person or property: (1) Incident to arrest; (2) Cursory; (3) Probable cause; (4) Probation/Parole; or (5) Vehicles. k. Search by consent: Officers will Sworn personnel shall follow established procedures as defined in Fayetteville Police Policy 1.2.2 (Warrantless Detention, Search and Seizure). (1) Prior to conducting a consensual search, an officer sworn personnel shall verify the body-worn camera BWC or DMVR (if applicable) is activated and recording. Permission to search shall be recorded by the officer before any search takes place. (2) If the subject granting consent limits the scope of the search by requesting deactivation of the body-worn camera BWC, the officer may 41.3.8 Body Worn Camera & Digital Mobile Video Recorders Page 7 of 14 honor the request and proceed within the scope of the search. The request for de-activation shall be recorded. l. Transportation of arrestees or detainees; m. During any citizen encounter that becomes hostile; n. Any situation where the officer determines recording would be valuable for evidentiary purposes; o. When directed by a supervisor; 4. Automatic BWC and DMVR Activation: DMVR systems automatically activate during the following events: a. Activation of vehicle emergency warning devices; b. Police vehicle collisions; c. Exceeding a preset speed threshold; d. Accessing the patrol vehicle’s weapon rack. 5. Activation of the DMVR system will also automatically trigger activation of the assigned BWC, provided the BWC is powered on and not in Sleep Mode. As outlined in this policy, BWCs shall not be placed in Sleep Mode while in a patrol vehicle. 6. Each department-issued holster is equipped with a Signal Sidearm device that detects the drawing of the officer’s handgun. When a firearm is drawn and the BWC is powered on, the Signal Sidearm device will automatically activate the officer’s BWC. This activation may also trigger other BWCs in the area to activate. In such cases, the audit trail for the recording will indicate the source of the activation. 7. The activation of a department-issued Conducted Energy Weapon (CEW) will automatically activate the officer’s BWC if it is powered on. This activation may also trigger other BWCs in the area to activate. The audit trail associated with the video file will reflect that the activation occurred due to a CEW activation. 8. If a BWC is unintentionally activated by a nearby officer’s Signal Sidearm device or CEW activation, and no recording is necessary, the affected officer may press and quickly release the select button on the side of the BWC within ten (10) seconds of activation to stop the video and categorize the file as an accidental activation. 9. Once the body-worn camera is activated, BWCs and DMVRs it shall not be intentionally turned off until the event is completed, unless authorized by policy. If deactivation is necessary (e.g., for privacy concerns or non- enforcement activity), the justification shall be recorded prior to deactivation. 10. Officers Sworn personnel shall document any failure to activate, partial recordings, or malfunctions of their BWC or DMVR. This documentation shall be included in the Computer Aided Dispatch (CAD) incident narrative (if no 41.3.8 Body Worn Camera & Digital Mobile Video Recorders Page 8 of 14 case report exists), the case report, or as a note on the warning or citation issued. if he or she fails to activate, fails to record the entire contact, or the body-worn camera BWC malfunctions. 11. Whenever an officer records an incident or any portion of an incident, which that officer reasonably believes will lead to a citizen complaint, the officer will shall notify his/her supervisor before the end of his/her shift. E. Operational Restrictions [CALEA 41.3.8 b] 1. The body-worn camera BWC and DMVR shall only be used in conjunction with official law enforcement duties. a. These body-worn camera will systems shall not be intentionally activated to record fellow employees without their consent during non-enforcement related activities. b. Intentional recordings of confidential informants and undercover officers are prohibited unless authorized by a supervisor. 2. Officers Sworn personnel shall not modify, dismantle, or attempt to make repairs to body-worn cameras BWCs or DMVRs. 3. Body-worn cameras BWCs and DMVRs shall not be used for non-work related activities. 4. Sworn personnel shall not intentionally obscure the view of the BWC or DMVR or otherwise interfere with the ability to accurately capture an incident, unless there is a legitimate and articulable reason for doing so. 5. The BWC and DMVR shall not be used to record in places where a reasonable expectation of privacy exists (e.g., restrooms, locker rooms, private residences) unless there is a lawful, duty-related circumstance that justifies such a recording as part of an active investigation or enforcement action. F. Deactivation/Non-Activation/Muting of the Body-worn Camera and Digital Mobile Video Recorder [CALEA 41.3.8 b] 1. Officers will Sworn personnel shall only deactivate or not activate the body- worn camera BWC and DMVR during an incident when authorized by policy. 2. Officers Sworn personnel shall properly document the reason for deactivation by entering an audio explanation prior to deactivation and including the reason in the CAD incident narrative or case report. 3. Officers Sworn personnel have discretion on deactivating the body-worn camera BWC and/or DMVR under the following circumstances: a. In places where reasonable expectations of privacy exist (i.e. bathrooms, dressing rooms, locker rooms, etc.). b. No strip or body cavity searches will shall be recorded. c. When at a crime scene, the body-worn camera BWC and/ or DMVR may be manually deactivated when the scene is no longer active, and the deactivation is approved by a department supervisor. d. Officers Sworn personnel may deactivate or not activate the body-worn camera BWC and/or DMVR when dealing with reluctant witnesses or victims. 41.3.8 Body Worn Camera & Digital Mobile Video Recorders Page 9 of 14 e. Upon approval from any supervisor. 4. When discussing sensitive tactical or law enforcement information away from citizens, or when obtaining confidential information, officers can utilize the mute function on the body-worn camera. Sworn personnel shall not use the mute function on their BWC. The mute function has been administratively disabled. Sworn personnel shall not attempt to circumvent or reactivate this function under any circumstances. 5. Other deactivations / non-activations may occur when: officers a. Sworn personnel experience equipment malfunctions; or b. when officers Sworn personnel do not have a reasonable amount of time to activate their body-worn cameras BWC or DMVR prior to a rapidly evolving situation. c. In places where reasonable expectations of privacy exist (i.e. bathrooms, dressing rooms, locker rooms, etc.). G. Documentation, Categories, and Retention of Body-Worn Camera and Digital Mobile Video Recorder Videos [CALEA 41.3.8 c., d.] 1. The Fayetteville Police Department FPD utilizes video management solution software that exports information from our computer aided dispatch (CAD) and records management system (RMS). Once the video has been automatically tagged by system integration, it shall be the officers’ responsibility of sworn personnel to check and verify data files are categorized correctly. This verification shall occur before the end of the next shift and includes the with the following information actions: a. By vVerifying the case number within the CASE ID field associated with the file is contains the correct incident number; b. By vVerifying a title in the TITLE field. The title should includes sufficient information to identify the file; c. By vVerifying the appropriate CATEGORY of the video has been selected to establish retention. 2. If automatic integration fails to populate required fields, sworn personnel shall manually input the appropriate incident number, title, and category into the video file using the Axon Evidence.com dashboard or the Axon View mobile application. 3. Sworn personnel shall not delete, alter, or tamper with any recorded video under any circumstances. All deletion requests shall be processed through the official Axon system and are subject to administrative approval and audit designated by system administrators. 4. Supervisors may periodically audit BWC and DMVR videos under their command to ensure video files are properly categorized and retained in accordance with department policy. 5. The Operations Support Division Captain or his/her designee shall ensure system compliance with the retention requirements outlined below. This includes routine checks for uncategorized videos, system errors, and misfiled recordings. 41.3.8 Body Worn Camera & Digital Mobile Video Recorders Page 10 of 14 6. Categories and associated retention rates as implemented by system administrator: a. BWC Tests (90 days): This category is only for documenting the inspection and test of the body-worn camera BWC and DMVR. Employees Sworn personnel are required to manually tag these videos. b. Uncategorized (Indefinite): This is a default category for body-worn camera BWC videos that are not categorized by the integration with the computer- aided dispatching / record management system CAD or RMS. c. No action (270 days): Incidents that do not result in police action, circumstances with no known criminal offense, or minor incidents where prosecution is not required. d. Training (90 days): This category is only for practical training exercises that need to be kept and documented for department training. e. Misdemeanor (4 years): All misdemeanor criminal investigations, reports and arrests and traffic citations. f. Death Investigation (7 years): All death investigations not categorized as homicides. Employees should document all death investigations in this category. Criminal Investigation Division (CID) supervisors will shall be responsible for tagging the videos in another category if appropriate. g. Felony (7 years): All felony criminal investigations, reports, and arrests. h. Permanent (Permanent): Officer involved shootings, homicides, and crimes of violence as defined by A.C.A. § 5-42-203. Supervisors in the Criminal Investigation Division CID supervisors and Administration will shall manually tag the officer involved shooting and homicide videos. i. Restricted (Indefinite): Videos under administrative review. The Administrative Office of Professional Standards (OPS)/Development Lieutenant will shall manage videos in this category. H. Accidental Recordings [CALEA 41.3.8 c.,d.] 1. Requests for deletion of accidental recordings must shall be submitted in writing and approved by Chief of Police or his/her designee. 2. The Administration Operations Support Division Captain or his/her designee shall ensure the recording is removed from video management solutions. 3. All requests and final decisions shall be kept on file with the Administration Operations Support Division Captain for a period of 3 years. I. Recording Control and Management [CALEA 41.3.8 c., 41.3.10 a.,b.,c.,d.] 1. All body-worn camera BWC and DMVR videos have include a 30 second pre- event buffer,. The buffer captures video only (audio files will not be available) beginning 30 seconds prior to manual or automatic activation of the device. which means the video of the incident is captured 30 seconds prior to the activation of the camera. 41.3.8 Body Worn Camera & Digital Mobile Video Recorders Page 11 of 14 2. All BWC and DMVR recordings are considered official department records and shall be stored in the department's designated video management solution (Evidence.com). 3. In rare cases where DMVR video cannot be automatically uploaded to Evidence.com, a supervisor may be required to remove the flash memory card manually. This action shall only be performed by a supervisor. The reason for the manual transfer of files and the identity of the person receiving the card shall be documented in the system comments field to preserve the chain of custody and accountability. 4. All body-worn camera video management solution users will shall be responsible for monitoring system effectiveness and making recommendations for operational improvement and policy revision. 5. The Chief of Police or his/her designee will shall establish permission levels for users in the video management solution software. Permission levels will shall be determined by the employee’s function within the organization. 6. The Administration Operations Support Division Captain or his/her designee will shall be responsible for implementing user roles and privileges in the video management solution software. 7. Authorized users will shall keep their user name and password confidential. 8. The video management solution has an audit function that tracks access of the videos within the system. 9. Accessing, tampering, copying, or releasing any recordings for other than official law enforcement purposes is strictly prohibited, except as required by law. 10. Under no circumstances will shall employees be allowed to access and view recordings while off duty. 11. Officers Sworn personnel are authorized under this policy to review their video as it relates to: a. Their involvement in an incident for the purposes of completing a criminal investigation and preparing official reports. b. Prior to courtroom testimony. c. For training purposes. 12. Officers Sworn personnel assigned to the Community Oriented Policing Division Unit, the Criminal Investigation Division Unit (CIU), the Special Investigations Unit (SIU), and department conducted energy weapon (CEW) armorer(s) have the authority to view other officers’ body-worn camera videos in order to perform functions of their job duties. All other officers are required to receive supervisor approval before viewing other officers’ body-worn camera videos 13. Field Training Officers (FTOs) may view videos related to their assigned probationary officers to evaluate progression during field training. 14. All sworn personnel may only view other officers’ digital media evidence (DME), including body-worn camera, DMVR, interview room, photo, and city upload recordings under the following circumstances: a. They are directly involved in the investigation; b. Preparing an official report or courtroom testimony; c. Attempting to identify a suspect in an unrelated case; or 41.3.8 Body Worn Camera & Digital Mobile Video Recorders Page 12 of 14 d. They have received supervisor approval. 15. All DME viewing is logged through the Evidence.com audit system. Unauthorized viewing is a violation of this policy and subject to discipline. 16. If an officer is the subject of an open/active Office of Professional Standards investigation, he/she will shall be given an opportunity to review their his/her body-worn camera BWC and/or DMVR video(s) before he or she is interviewed (FPD 52.1.1). J. Axon Live Stream Access and Use [CALEA 41.3.8 c., 41.3.10 c., d.] 1. Axon Live Stream is a remote monitoring feature authorized for specific supervisory and field training purposes. It provides the ability to livestream sworn personnel’s BWC and DMVR footage to enhance safety, situational awareness, and training. 2. Supervisors are authorized to utilize Axon Live Stream to livestream sworn personnel’s BWC and/or DMVR in the event of a critical incident. This includes but is not limited to officer-involved shootings, active resistance/use of force encounters, foot pursuits, and other dynamic situations requiring command oversight. a. Use of Axon Live Stream for routine monitoring is prohibited. b. When livestreaming is activated, the officer’s BWC and/or DMVR will vibrate/beep, and the indicator light(s) will change from red to purple, signaling the livestream is in progress. c. All livestreaming activity is logged through Evidence.com. 3. FTOs are also authorized to access Axon Live Stream to remotely monitor their assigned probationary officers during field training. a. This access is limited to assigned trainees. b. All livestreaming activity is logged through Evidence.com. c. Use of this function shall not be used for any other purposes. K. Axon Mobile Applications [CALEA 41.3.8 e.,f., 83.2.2 a.,b., 83.2.4 a.,b.,c.] 1. Sworn personnel issued department mobile phones shall utilize the Axon Capture and Axon View mobile applications to support BWC, DMVR, and DME functions. The Axon Capture application allows sworn personnel to take photographs, record video/audio, and submit community requests, which upload directly to Evidence.com under the associated case number and categorization consistent with BWC and DMVR footage. 2. Sworn personnel shall ensure all DME collected via Axon mobile applications is: a. Properly categorized, b. Accurately labeled with the correct eight-digit case number (e.g., 2025- 00001234), and c. Uploaded to Evidence.com promptly following collection. 3. Community requests shall only be used to collect evidence directly related to law enforcement investigations. 41.3.8 Body Worn Camera & Digital Mobile Video Recorders Page 13 of 14 4. Department-issued mobile phones shall be carried while on duty. The use of Axon applications shall comply with all city policies regarding electronic device use and off-duty work restrictions. 5. Access to BWC and DMVR recordings using Axon View shall follow the guidelines established in this policy. Sworn personnel shall not use mobile applications to view, share, or display video for any unauthorized or non- investigative purpose. 6. All usage is logged through Evidence.com. L. Supervisor Responsibilities 1. Supervisors will shall ensure officers sworn personnel utilizing the body-worn cameras BWCs and DMVRs adhere to established procedures, guidelines, and policies. 2. Supervisors shall follow inspection procedures of department equipment as defined in Fayetteville Police Policy 53.1 (Inspections) [CALEA 41.3.8 e]. 3. In the event a body-worn camera BWC or DMVR is damaged, lost, stolen, or defective, the supervisor shall facilitate a replacement as soon as practical. 4. The Chief of Police or his/her designee will shall assign peripheral supervisory assignments for the body-worn camera BWC and DMVR programs. 5. Supervisors shall periodically review body-worn camera BWC and DMVR data to verify compliance with this and other directives. Supervisors are authorized to conduct the following types of reviews [CALEA 41.3.8 g 41.3.10 d.,e.]: a. Administrative b. Compliance c. Performance 6. Supervisors shall review the following videos [CALEA 41.3.8 c.g., 41.3.10 d.]: a. Vehicle pursuits; b. The portion of the video that shows officer sworn personnel uses of force involving less lethal weapons; c. The portion of the video that shows weaponless uses of force which results in a subject receiving medical treatment. 7. Patrol lieutenants shall create a quarterly audit of three officers BWC and DMVR videos and report the findings to the patrol captain. [41.3.8 c.g., 41.3.10 e.]. 8. If an officer is involved in a serious incident or subject of a serious allegation, the supervisor may confiscate the body-worn camera BWC immediately. The supervisor shall maintain the chain of custody of the body-worn camera BWC if it is related to a criminal investigation or turn it over to the proper authority pending administrative review [CALEA 41.3.8 c]. 9. Supervisors shall ensure proper documentation and comment entries are made when a DMVR flash memory card is removed for manual transfer of recorded material. These comments shall explain the reason for manual transfer and identify the personnel with physical custody of the card. 10. The BWC and DMVR program shall be subject to an annual administrative review by the Chief of Police or his/her designee. This review shall evaluate 41.3.8 Body Worn Camera & Digital Mobile Video Recorders Page 14 of 14 program effectiveness, adherence to policy, recommended training, and any recommended improvements [CALEA 41.3.10 f.]. M. Release of Body-Worn Camera and Digital Mobile Video Recorder Video 1. Any requests for body-worn camera BWC or DMVR video by a citizen will shall be addressed as a Freedom of Information Act (FOIA) request as defined in Fayetteville Police Policy 54.1.1 (Public Information Policy). 2. Prosecutors may be granted access to video management solution by the Administration Operations Support Division Captain or his/her designee. 3. Defense attorney requests should be made through the appropriate court prosecutor or Freedom of Information Act (FOIA). 4. Evidentiary copies of digital recordings will shall be accessed from the video management solution and copied for law enforcement purposes only. 5. Recordings may be duplicated shared for court, investigations, training, or other purposes as authorized by the Chief of Police or his/her designee. 6. Officers Sworn personnel who need a recording duplicated for court, investigations, or training must shall make the request through the Property/Evidence Division. For court, the request should be made at least 48 hours prior to the court date when possible. 7. Requests from other law enforcement agencies should be in writing and shall be approved by a lieutenant. The request shall be maintained in the same manner as FOIA requests. 8. When an officer has finished a court appearance using a copy of an original media file, and the file is not retained by the court, the officer will shall, as soon as practical, return the media to the property room for proper storage or disposal. 9. Video files related to an internal investigation(s) shall be restricted until the investigation is closed. 52.1.1 Office of Professional Standards page 1 of 8 intero FAYETTEVILLE POLICE DEPARTMENT FAYETTEVILLE, ARKANSAS POLICIES, PROCEDURES, AND RULES Subject: 52.1.1 Office of Professional Standards (OPS) Effective Date: November 6, 2020 Reference: 41.3.8, ACA 14-52-303 Version: 5 6 CALEA: 26.2.4, 26.2.1, 26.2.3 NT, 26.3.2, 26.3.3, 26.3.5, 26.3.1 NT, 26.3.4 NT, 26.3.6 NT, 26.3.7 NT, 26.3.8 NT, 41.3.10 No. Pages: 7 I. PURPOSE The purpose of this policy is to create and maintain an environment conducive to efficient reception and resolution of complaints against police department personnel or general procedures used by the department, and to establish written procedures for the administration and operation of internal investigations. Such procedures will shall promote positive discipline and provide for the prompt and thorough investigation of alleged or suspected misconduct of department personnel. II. DISCUSSION A police department is often evaluated and judged by the conduct of individual members. While the public has a right to expect efficient, fair, and impartial law enforcement, employees must be protected against false allegations of misconduct. The Office of Professional Standards (OPS) will shall be charged with the responsibility of following department operational procedures in processing, investigating, and recording complaints against the department or its employees [CALEA 26.2.1]. III. ORGANIZATION The Office of Professional Standards (OPS) will shall serve to assist all personnel regarding investigations of alleged misconduct of sworn or civilian non-sworn employees. The Chief of Police will shall select all personnel assigned to the OPS and designate a head of OPS. The designated head of OPS has the authority to report directly to the Chief of Police. The designated head of OPS will shall maintain a record of all complaints against the department or employees in a secure area. OPS assigned personnel will shall be provided training at the discretion of the head of OPS and Chief of Police. [CALEA 26.2.3 (NT)] OPS assigned personnel will shall report directly to the Chief of Police or a designated supervisor on OPS matters and will shall pursue their responsibilities under the direction of the Chief of Police. 52.1.1 Office of Professional Standards page 2 of 8 If investigations discover personnel who are engaging in serious acts of misconduct, or who have demonstrated they are unfit for duty, information pertaining to the investigation will shall be reported directly to the Chief of Police by the head of the OPS. IV. POLICIES A. Officers selected for assignment to OPS must have demonstrated in their previous performance a high degree of investigative skills. The officer should have a personnel record clean of serious complaints. The officer should be familiar with state codes, and department policies and procedures related to internal affairs. B. Complaint Procedure Process 1. Nothing in this policy shall prohibit any citizen from exercising any additional rights or procedures outlined in Fayetteville Civil Service Commission Rules 5:09 and 5:10: 2. Complaint procedures shall be made available to the community through the Community-Oriented Policing Division and disseminated to all employees annually. [CALEA 26.2.4]. 3. All complaints against department employees are to be initially directed to any supervisor on duty [CALEA 26.2.1]. a. The supervisor shall provide the complaining party a “Fayetteville Police Department OPS Complaint Form.” b. Supervisors may encourage phone complainants to come to the police station to complete the complaint form, but must understand it is not mandatory for the complainant to do so. c. In the event a complainant refuses to come to the police department, the supervisor should take the information and complete the form him or herself. The supervisor should so note the complainant's refusal. d. Supervisors are not prohibited from going to a complainant's location to complete the OPS Complaint Form. Supervisors may send the OPS Complaint Form via U.S. Mail or electronically. e. Complaint/compliment forms may be accessed and submitted online through the City of Fayetteville website. f. All complaints against the department and its employees will shall be investigated to include anonymous complaints. g. Complaints will shall not be assigned to an investigator concerning summons issued or arrests made which have not been adjudicated in a court of law unless the complainant alleges misconduct or illegal activity by the officer. The simple dislike of a charge or feeling of innocence does not, by itself, justify the formal filing of a complaint against any officer performing his duties. h. The Chief of Police will shall carefully review each complaint for validation before disregarding it for lack of a credible complaint. 4. Complaint forms will shall also be completed on anonymous complaints and forwarded to the Chief of Police [CALEA 26.2.1]. 52.1.1 Office of Professional Standards page 3 of 8 a. Discipline shall not be taken against any employee solely on the basis of an anonymous complaint. Before any discipline occurs, a case would have to be substantiated through investigation or administrative review. 5. Supervisors will shall explain to the complainant the process of completing the OPS Complaint Form. a. Upon request, complainants who have completed an OPS Complaint Form are entitled to a photocopy of the completed complaint form at no charge. 6. Supervisors shall enclose completed complaint forms in a sealed envelope and clearly mark the envelope with the wording “CHIEF OF POLICE – COMPLAINT ENCLOSED.” The envelope should shall either be delivered to the Chief of Police or to his office as soon as possible [CALEA 26.3.2]. 7. After review of the complaint by the Chief of Police, the complaint will shall be assigned for further investigation by a line supervisor or an OPS investigator. Complaints that are deemed of a minor nature may be remanded to a line supervisor for further action. Criteria for assignment of such complaints may include alleged rudeness, tardiness, minor incidents, or improper procedure. Complaints that are deemed to be of a more serious nature will shall be forwarded to the head of OPS or his/her designee for logging and assignment for investigation [CALEA 26.3.1 (NT)]. a. When possible, investigations shall be assigned to an investigator of higher rank than the employee being investigated. Circumstances may arise that make it more practical and/or expedient to assign an equal or lower ranking investigator. The Chief of Police shall have the authority and discretion to direct assignments when it is necessary to assign an investigator of equal or lower rank than the employee being investigated. b. Investigations will shall be completed within 30 days, unless the head of OPS or his/her designee authorizes an extension [CALEA 26.3.3]. c. Investigations should be adjudicated within 10 days of the final disposition. 8. The Chief of Police, at his/her discretion, may place an employee on paid administrative leave from duty pending the results of an internal investigation [CALEA 26.3.7 (NT)]. 9. Supervisors will shall avoid exposing the content or subject of a completed complaint form to anyone until the matter is resolved or directed by the Chief of Police to discuss the matter. 10. Should a complainant not wish to file a formal complaint, a supervisor may handle the complaint on an informal basis. These incidents shall be referred to as RESOLVED COMPLAINTS. a. Once the complaint has been resolved, the supervisor will shall provide a typed summary to the head of OPS or his/her designee for review and filing. 52.1.1 Office of Professional Standards page 4 of 8 b. In the event a complainant does not wish to file a formal complaint on what is deemed to be of a serious nature, the supervisor shall file the complaint based on information received by the complainant. 11. Complainants will shall be notified as to the verification of receipt of the complaint, status of a complaint, and results of any investigation upon conclusion [CALEA 26.3.4 (NT)]. 12. Complaints may be generated internally by a member of the department in written form to the Chief of Police. C. Records Security and Storage 1. All records pertaining to an internal investigation will shall be kept and stored in a locking file accessible only to the Chief of Police and the head of OPS or his/her designee [CALEA 26.2.2]. 2. OPS investigative files shall be maintained according to the below schedule unless ordered by a court of competent jurisdiction to purge a particular file(s) [CALEA 26.2.2]. Minimum Records Retention and Disposition Schedule RECORD RETENTION FINAL DISPOSITION Officer involved Use of Deadly Force Incidents Permanent Retention Permanent Retention Complaints resulting in sustained discipline at the administrative level * 10 Years Records Purged Complaints resulting in sustained discipline at the supervisory level ** 5 Years provided a 1-year infraction-free period precedes the dates of purge. Records Purged Complaints whose findings are not sustained, unfounded or exonerated 3 Years Records Purged Complaints on which no action is taken 2 Years from the date that determination is made not to initiate investigation Records Purged *A complaint resulting in sustained discipline at the administrative level is defined as a written record of an oral warning, written reprimand, suspension, demotion, termination, and/or resigned under investigation, or in lieu of termination. 52.1.1 Office of Professional Standards page 5 of 8 **A complaint resulting in sustained discipline at the supervisory level is defined as a supervisor counseling. If an infraction occurs during the one-year period preceding the purge of the complaint, one year is added to the retention date. D. Investigations 1. Types of investigations: a. Formal investigation: A complaint assigned to a formal OPS investigator; b. Supervisor Referral: A complaint assigned to the employee’s supervisor for investigation; c. Administrative Review: A complaint reviewed at the administrative level which does not require a formal investigation. 2. Allegations of misconduct will shall be investigated toward a conclusion of fact. Findings will shall be based on clear and convincing facts and evidence gathered during an investigation [CALEA 26.3.8 (NT)]. 3. When an employee is the subject of a criminal investigation or has been charged with a criminal offense, the department may suspend any related administrative investigation until the criminal matter has been resolved. 4. Simultaneous criminal and internal investigations shall be separate, and no Fayetteville Police Department (FPD) employee who is investigating one shall investigate the other. No criminal investigator shall have access to compelled statements in the internal investigation (Garrity v. New Jersey, 385 USC 493). 5. The head of OPS or his/her designee will shall notify both the complainant and employee(s) in question a complaint has been received and an investigation is impending. a. Notice of the complaint will shall not be given to the employee(s) in cases in which such notification may be detrimental to the investigative process. b. Once notified of the complaint and investigation, the employee(s) is prohibited from discussing or interfering with the investigation. 6. Employees being required to submit a report or be interviewed and who are the subjects of an OPS complaint and/or investigation will shall receive an OPS Investigation Warning Form, be advised of the nature of the complaint, and allowed to read the complaint form [CALEA 26.3.5]. The law enforcement officer shall be informed at the commencement of his/her interview of the nature of the investigation, the identity and authority of the person(s) conducting the investigation, and the identity of all persons present during the interview (ACA 14-52-303). a. The OPS Investigation Warning Form will shall advise the employee he/she is part of an official investigation, advise of certain rights associated with self- incrimination, and possible departmental charges for refusing to cooperate. 52.1.1 Office of Professional Standards page 6 of 8 b. Before an interview is conducted and excluding a conflict of interest, the employee may have a representative of his or her choosing present [CALEA 26.3.5] Interviews of employees under OPS investigation shall be conducted in accordance with applicable law and department policy. The employee shall be afforded all procedural safeguards described in this section, including representation, recording, and other conditions of the interview. c. If an officer is the subject of an open/active OPS investigation, he/she shall be given an opportunity to review his/her body-worn camera and/or Digital Mobile Video Recorder (DMVR) video(s) before being interviewed [CALEA 41.3.10 b.] (FPD 41.3.8). d. Interview sessions shall be for reasonable periods and shall allow for such personal necessities and rest periods as are reasonably required (ACA 14-52-303). e. Interview sessions shall be conducted while the employee is on-duty whenever practical. f. If an employee is required to submit to an interview during off-duty time, the employee shall be compensated in accordance with normal department procedures used for compensation of extra hours. g. All interviews shall be recorded in full. Furthermore, the law enforcement officer shall be allowed to make his/her own independent recording of the interview and have one witness of his/her choosing. The witness must be an attorney or a member of the police department that is in no way related to the investigation (ACA 14-52-303). h. Any interview of a law enforcement officer shall take place at the office of those conducting the investigation, the place where the law enforcement officer reports for duty, or other reasonable places as the investigator may determine (ACA 14- 52-303). i. During the investigation, questions shall be posed by or through only one investigator at a time (14-52-303). 7. Employees may be compelled to answer questions related to their duties or fitness for duty (Garrity v. New Jersey, 385 USC 493). a. When an employee refuses to answer questions posed in an administrative investigation on the grounds or fear of criminal self-incrimination, the employee may shall be ordered to answer such questions, and shall be informed none of the information provided can or will be used against him or her in any subsequent criminal prosecution. b. The employee is subject to possible disciplinary action for refusal to answer questions. The employee may shall be given a direct order to cooperate with the investigation. Failure to obey a direct order may result in the employee being placed on administrative leave and subject to further disciplinary action [CALEA 26.3.7 (NT)]. c. Employees may be compelled to undergo an examination for the detection of deception. The results of such testing shall not be usable in any subsequent criminal investigation but may be used to determine dispositions of administrative matters [CALEA 26.3.6 a. (NT)]. d. Employees may shall not refuse to submit to other non-testimonial administrative examination (drug screening by urinalysis or blood test, medical examinations, 52.1.1 Office of Professional Standards page 7 of 8 line up, photographs, financial statements when they are material to the investigation, etc.) [CALEA 26.3.6 b., c., d., e., & f (NT)]. e. Departmental property or personal property authorized for use by the department in connection with official police duties may be inspected and/or searched at any time in accordance with law. An employee’s personal property shall be afforded the same protection as that of any other citizen, and, in criminal cases, the accused employee’s constitutional rights will be protected. f. Refusal to submit to such examinations or non-testimonial examinations where required may be grounds for dismissal [CALEA 26.3.7 (NT)]. g. Occasionally, an OPS investigation will discover employee misconduct and/or policy violation(s) against an employee who was not the original subject of the investigation, and the misconduct and/or policy violation(s) were not included in the original complaint. The Chief of Police will shall decide if the investigation will be part of the original investigation or a new investigation will be generated. In all circumstances, the employee will shall receive an OPS Warning Form and be advised of the nature of the complaint before he or she is interviewed. 8. Employees are strictly prohibited from interfering with or discussing an ongoing investigation. However, the involved officer(s) can receive emotional or moral support from certified peer support personnel as a result of a job-related stress or incident in which the emergency responder was involved while acting in his or her official capacity. E. Dispositions 1. Dispositions will shall be decided according to the following categories: a. Unfounded: When the investigation clearly indicates the act complained of did not occur. b. Exonerated: When the investigation clearly indicates the act occurred, but the act was justified, lawful, and proper. c. Not Sustained: When the investigation discloses insufficient evidence to prove or disprove the allegation made in the complaint. d. Sustained: When the investigation discloses the act did occur and constitutes misconduct. e. Only case dispositions which have a finding of “Sustained” shall be filed in the employee's personnel file. 2. The Chief of Police will shall be notified, in writing, of the final disposition of any complaint within 10 days of the conclusion of an investigation. 3. The Chief of Police will shall determine disciplinary measures for investigations of allegations of misconduct resulting in a disposition of “sustained.” Consideration in disciplinary measures should be given to ensure public confidence in the agency, to protect future liability, and to deter future misconduct. 4. Employees will shall be notified, in writing, of the final disposition of any complaint within 14 days of the conclusion of an investigation. Whenever an officer is 52.1.1 Office of Professional Standards page 8 of 8 dismissed, demoted, or suspended according to policies and procedures, he/she may grieve or appeal such action through civil service provisions where appropriate. 5. Complainants will shall be notified, in writing, of the disposition of a complaint within 14 days of resolution of a complaint [CALEA 26.3.4 (NT)]. 6. At the conclusion of every fiscal year, the head of OPS will shall create an annual statistical summary based on the records of all OPS investigations. This annual report will shall be made available for review to interested persons [CALEA 26.3].