MEMORANDUM OF UNDERSTANDING
PARTIES:
The following are the parties of this Memorandum:
CITY OF ROCHESTER, a municipal corporation with offices at City Hall, 30 Church
Street, Rochester, New York 14614, and the ROCHESTER POLICE DEPARTMENT
(together, the “City”); and
COALITION FOR POLICE REFORM - COMMUNITY JUSTICE ADVISORY BOARD,
an unincorporated organization with offices at 121 North Fitzhugh Street, Rochester,
New York 14614 (“CPR’), (collectively, the “parties”
RECITALS:
WHEREAS, the City of Rochester and CPR share a common interest in the
improvement of relations between the Rochester Police Department (‘RPD") and the
residents of the City; and
WHEREAS, the parties agree that public safety can be strengthened by the open
and transparent exchange of information regarding police procedures and the City’s
body-worn camera (‘BWC’) program; and
WHEREAS, the parties intend to enter into a Memorandum of Understanding;
NOW, THEREFORE, IT IS MUTUALLY AGREED AS FOLLOWS:
1. The City recognizes and welcomes CPR as a voluntary organization with an
interest in the BWC program and in promoting the open exchange of information
2. The City and CPR agree to meet on a quarterly basis to discuss the BWC
program. The City's representative, Deputy Chief Wayne P. Harris, shall be a
non-voting member of the CPR governing body.
3. The City’s open electronic portal, _http://data-rodny. opendata.arcgis.com/,
provides immediate access to all major crime data from 2011 through the
present. These crimes include murder, robbery, aggravated assault, burglary,
larceny, motor vehicle theft, and arson. The portal includes among other things,
the date and time of occurrence, location of the crime, case number, patrol beat,
RPD section, weapon description (if any), and maps of where the crime
occurred. The City generally does not immediately release names of arrestees
because some may be minors and thereby protected by New York law.Information is updated on the portal within approximately 24-48 hours of an
incident.
4. The City will not disclose birthdates, social security numbers, telephone numbers
or addresses. The City also intends to include information respecting use of
BWC's in specific instances on its open portal within the year.
5. The City will make available via electronic request by CPR any records not
contained on the portal that are avaiable for public disclosure as provided by the
Freedom of Information Law, Public Officers Law Article 6 (FOIL) and applicable
City policies. CPR shall fill out an electronic FOIL request at
www.cityofrochester.qov/FOIL to submit such requests for information. CPR’s
requests will be fulfiled on an expedited basis with consideration to the
complexity and volume of the records at issue.
6. Subject to periodic availability in individual training sessions, the City agrees to
enroll up to ten (10) members of CPR in the City’s Police Community Training
Advisory Committee program intended to educate citizens on the Police
Department's utilization of BWCs, including recording procedures and retention
and release of BWC recordings.
7. RPD will, post BWC reports online, as available, on its site:
http:/Awww.cityofrochester. gov/article.aspx?id=8589968261 Programmatic
information, including the BWC Manual, can be found at:
http:/Awww.cityofrochester.gow/RPDBodyWornCamera/,
8. When a citizen complaint has been filed with the City alleging a serious incident
that involves a use of force (as defined in the RPD's BWC Manual), CPR may
exercise its right to submit a FOIL request seeking information regarding the
status of the BWC recordings of that incident, and shall be entitled to receive a
copy of the recordings to the extent that those recordings are publicly available
pursuant to FOIL
9. All disclosures will be provided to CPR in the form that they would be disclosed
to the public pursuant to FOIL, including BWC video in a minimally blurred format
with audio redaction. Any video or other records that require additional
preparation or frame-by-frame video redaction will be provided at the same costs
charged to all FOIL requestors, and in the same amount of time considering the
complexity and volume of the request.
10.The City may terminate this Memorandum of Understanding at any time by giving
at least thirty (30) days’ written notice mailed or personally delivered to the CPR
contact person listed below. CPR may terminate this MOU in the event the City
fails to provide quarterly or annual reports, fails to attend quarterly meetings, fails
to make disclosure on requested BWC issues or fails to timely respond fo FOIL
requests.11. The following persons are designated as contact persons for the purposes of this
MOU and shall be the points of contact for scheduling of meetings, and questions
regarding this MOU:
City of Rochester:
Name: Deputy Chief Wayne P. Harris
Contact information: wayne. harris@cityofrochester.gov
Coalition for Police Reform:
Names: Co-Chair: Rev. Lewis W. Stewart, President UCLM
Contact information: Kerygma1964@gmail.com
IN WITNESS WHEREOF, the parties have executed this Memorandum of
Understanding
Date: November 28, 2017
CITY OF ROCHESTER
By: -
ovely A). Warren
Mayor
Date: November 28, 2017 COALITION FOR POLICE REFORM -
COMMUNITY JUSTICE ADVISORY BOARD
By: W.-
Rev. Lewis W. Stewart
Co-Chair
FREE, Community Repr¢sentative