The Indiana Publisher

September 2015

Hoosier State Press Association - The Indiana Publisher

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Publisher The Indiana Volume 80, Issue 9 • September 10, 2015 Published on second Thursday monthly Hoosiers should see body cam footage HSPA asks lawmakers to grant access to police video C lear parameters for access to police body camera video must be set if the legislature wants the technology to strengthen public confidence in law enforcement. HSPA executive director and general counsel Steve Key delivered that message to the Interim Committee on Government during its first meet- ing in August. Committee chairman Sen. Rodric Bray, R-Martinsville, asked Key to be one of sev- eral who testified at the Statehouse. The committee will make a recommendation to the 2016 General Assembly on how much access the public should have to body camera video. Under current law, the videos would fall under the investigatory records provision of the Access to Public Records Act, which gives agencies the discretion to keep video footage confidential. This also applies to police cruiser camera video. Key provided legislators with examples of times when the investigatory records provision has been used to prevent the public from viewing video that may have shown improper behavior by police. In July, Evansville police used the exception to keep confidential body camera footage of an inter- action between police and a man using his phone to capture video of an arrest. According to coverage by the Evansville Courier & Press, the citizen was cited for littering when he discarded a cigarette after an officer threat- ened to arrest him for smoking by a gas pump. The citizen also said his smartphone was bro- ken during the incident. In 2007, Fort Wayne police used the exception to keep secret cruiser camera video of a police officer firing 18 shots at a Hispanic man who had been attempting to elude police. A review of the officer's action by the Indiana State Police found the officer acted appropriately, but the public was still denied access to the video, according to the Fort Wayne Journal Gazette. Key recognized several issues that legislators need to address regarding body camera video, including logistics, cost and reasonable exceptions to public accessibility. The larger the department, the more hours of raw footage are created. Meeting records requests could be a time-consuming process. Just the cost of storing hours of video may strain law enforce- ment budgets, Key noted. As to exceptions, Key said areas where footage may need to be protected could include video that would identify an undercover officer, informants, juveniles and crime witnesses, and legitimate issues pertaining to an ongoing investigation. But the legislature should make available video in cases of allegations of misconduct, use of force, or detentions, he said. Key said police body cameras can be a tool for accountability but only if the legislature does not hamstring the public's ability to see the footage. HSPA FOUNDATION FUNDRAISER Hoosier State Press Association members and friends gather in Crawfordsville, Indiana, for the inaugural HSPA Foundation Charity Motorcycle Ride on Aug. 29. Riders prepare to head out from Dana, Indiana. Statements of Ownership: Now is the time to file and publish your papers' Postal Service documents – and send a copy to your friendly press association. Page 2 Key Points: HSPA will provide more tools to help newspapers promote public notice advertising as a vital part of government transparency. Page 4 Hey, can they do that? Steve Key answers your legal questions. Page 4 INSIDE The Paper of Montgomery County Publisher Tim Timmons, right, signs in with HSPA Foundation Director Karen T. Braeckel. PHOTO BY DAVID MCCHESNEY PHOTO BY DAVID MCCHESNEY PHOTO BY KAREN T. BRAECKEL See you at the Annual Conference Thanks to all members who have registered for the HSPA & Foundation Annual Conference Sept. 17-18 in Indianapolis. Watch your email for directions and other details. HSPA looks forward to seeing everyone at The Alexander Hotel and on the greens at Coffin Golf Club. Chopper cause Friend of HSPA organizes inaugural motorcycle ride M otorcycle riders assem- bled in Crawfordsville, Indiana, recently to kick off the first HSPA Foundation Charity Motor- cycle Ride. 1Up! CEO David McChes ney, a motorcycle enthusiast and longtime HSPA supporter, organized the ride to Dana, Indiana, and a free tour of the Ernie Pyle World War II Museum for participants. Mark your calendars for the second annual ride set for Saturday, June 11, 2016. Bikers Motorcycle trek was eye-opener for non-rider. Page 3

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