In the first article (http://www.routefifty.com/2015/09/police-body-cameramusts/121502/) of our three-part series on widespread deployment of body-worn cameras (BWCs) by law enforcement, we argued that policymakers and law enforcement leaders face a broad and complex set of decisions that must be made now. These vital decisions divide into the same basic categories as most big data or technology policy questions:
This model policy is created as a guide to prosecutors who are working with law enforcement agencies to implement body-worn cameras. The policy includes “Use Notes,” which present and consider viable alternative policies that may exist for a particular issue. Also accompanying the model policy is a checklist outlining the many issues that should be addressed in a body worn camera policy. This model evolved from a policy originally created by a subcommittee of the CDAA Foundation, headed by David Angel of the Santa Clara County District Attorney’s Office.
When police officers hear or read the word, “compliance” as it relates to policy, what often comes to mind is, “what do I have to do to avoid getting into trouble?” For various reasons, compliance appears to be somewhat more challenging for police agencies when it comes to their body-worn camera (BWC) programs. We are all learning that introducing BWCs entails much more than just providing officers a new technology. Numerous challenges and dynamics present themselves when agencies implement their BWCs, including costs, storage, community expectations, officer concerns, coordinating with prosecutors, and ensuring organizational compliance to policy, to name a few.
The policing profession receives a great deal of public scrutiny and input from various sources regarding expectations for behavior and conduct. Despite some public and media narratives, in my experience, police officers overwhelmingly want to “get it right” when it comes to appropriate conduct. The reality is that there are few, if any, other professions that provide such detailed, prescribed, and mandated rules and regulations (policy) for how their employees must behave while also outlining the consequences for failing to behave appropriately. Despite some perceptions, the law enforcement profession has a tremendous amount of checks and balances in place for accountability. More and more agencies recognize that BWCs provide a platform for demonstrating this responsibility. We are finding that while officers were once skeptical or resistant to wearing BWCs, those same officers now insist on having them as part of their everyday toolkit. An FY 2015 Bureau of Justice Assistance BWC Policy and Implementation Project (PIP) site notes that it has seen significant changes, with officers embracing—and now even demanding—BWCs, leading to improvements with organizational compliance. The site even goes as far as having its dispatchers verbally remind the officers to activate their BWCs when they arrive on scene to a call to help ensure higher rates of compliance.
Compliance with policy is needed for several reasons, including the following:
- Provide a clear understanding of the organization’s expectations for the officers behavior
- Demonstrate to the community that police are accountable, and have specific rules and guidelines that they must follow in order not to abuse the powers that they possess
- Help officers navigate all the tasks, responsibilities, and complexities they face with the support of their department
Throughout the first three years of the BWC PIP grant program, agencies continued to identify the topic of compliance as complex and challenging for their BWC programs.
SOUND AND PROMISING PRACTICES
As with most policy adherence challenges, BWC compliance can be broken down into several identifiable and influencing factors, including, but not limited to:
- Identifying the Issue
Identifying the Issue – As simple as it sounds, it is imperative to determine why officers and staff are not complying with BWC policy before action can be taken to address the issue. Identifying the root causes of and contributors to noncompliance may take some effort and strategy. For example, what are the specific reasons that officers have difficulty complying with (or are unwilling to comply with) such BWC policy components as activation, notification, equipment familiarity, categorization, or storage? The issue may have to do with training, with the way the policy is written, or with equipment problems; it may be self-evident or it may take some digging and outreach to officers.
Policy – Feedback from numerous sites indicates that the clarity of an agency’s policy may be the most significant contributor to noncompliance. Do not underestimate the importance of establishing a comprehensive policy that is clear, concise, detailed, and very specific to your agency’s capacities. Obtain input and feedback from the ranks on their ability to comprehend and capability to follow the policy requirements. Understand and embrace that a sound policy is fluid and should be receptive to revisions and updates. Also consider that a policy which allows for a great deal of officer discretion will likely result in variations in officer compliance. Finally, consider that BWC policy should be periodically reviewed and updated as necessary, as the technology, related state regulations, and case law are subject to change.
Training – Inadequate training has been identified as a significant contributor for some agencies who experience BWC compliance issues. Good training practices start off by demonstrating, emphasizing, and reinforcing the importance of BWC policy adherence for both the organization and the individual officer directly from the highest levels of the organization. Educating your organization that BWCs are more than just “another technology” can be challenging, but we have seen numerous recent national examples where officers and departments were scrutinized, criticized, and disciplined for compliance failure issues related to BWC activation. Training on BWC policy requirements should begin with organizational implementation, include pre-service training, and be reinforced by in-service trainings with periodic and consistent updates. Recognize the value of scenario-based training with BWC activation and build it into pre-service and in-service tactical trainings. This will reinforce muscle memory and BWC activation while under stress. Agencies should also consider the effect of actual BWC video footage as a training aid. Observing colleagues exhibiting positive behavior can have a significant effect on less-experienced officers who may lack confidence but are unwilling to ask for help.
Supervision – Chiefs and supervisors should determine whether the officers understand the benefits of having BWCs, decide if noncompliance is related to fear and mistrust of them, and address that mistrust directly by communicating with the officers. Supervisors should also consider the fact that officers may lack confidence to record their actions; this may be connected to a lack of job knowledge.