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HomeMy WebLinkAbout2023/06/12 - ADMIN - Agenda Packets - City Council - Study Session AGENDA JUNE 12, 2023 The St. Louis Park City Council meets in person at St. Louis Park City Hall, 5005 Minnetonka Blvd. Members of the public can attend the meeting in person, watch by webstream at bit.ly/watchslpcouncil, or watch on local cable (Comcast SD channel 17/HD channel 859). Recordings are available to watch on the city’s YouTube channel at https://www.youtube.com/user/slpcable, usually within 24 hours of the end of the council meeting or study session. 6:30 p.m. City council study session – council chambers Discussion items 1. 90 min. Advisory boards and commissions program analysis 2. 30 min. Body worn camera annual update Written reports 3. Annual stormwater pollution prevention program report 4. Connected infrastructure system wrap-up The agenda is posted on Fridays on the official city bulletin board in the lobby of city hall and on the text display on civic TV cable channel 17. The agenda and full packet are available after noon on Friday on the city’s website. If you need special accommodations or have questions about the meeting, please call 952 .924.2505. Meeting: Study session Meeting date: June 12, 2023 Discussion item: 1 Executive summary Title: Advisory boards and commissions program analysis Recommended action: None at this time. The purpose of this report is to inform council on the results of the program analysis by an outside consultant. Policy consideration: None at this time. Future policy considerations will be presented in subsequent discussions. Summary: In 2022, the council directed staff to solicit consultant services to review the current structure, function and role of the advisory boards and commissions program to ensure alignment with the city’s strategic priorities. Transformational Solutions and Wiesner Consulting were selected to complete the analysis and they began work in January of 2023. At this meeting, the consultant will review the findings of their analysis and recommendations on next steps. The review was completed through a public engagement process that worked directly with commission members, community leaders, council members and city staff. The analysis includes themes that cut across many existing boards and commissions and an overview of opportunities to update the program, including redefining, or recommitting the program’s purpose. The overall conclusions from the analysis recommend setting a clear and renewed purpose for the program. Once that initial phase is complete, elements of the program such as recruitment, method of work, purpose of meetings and the relationship to the city council should be further clarified. The recommendations point to a need to set the scope of potential programming based on the available resources of staff and funding that could be supported. A high-level comparative city analysis is included in the report which indicates that the challenges encountered with the program are not unique to the City of St. Louis Park. Financial or budget considerations: N/a Strategic priority consideration: St. Louis Park is committed to creating opportunities to build social capital through community engagement. Supporting documents: Consultant program analysis Prepared by: Michael Sund, civic engagement coordinator Reviewed by: Cheyenne Brodeen, administrative services director Melissa Kennedy, city clerk Approved by: Kim Keller, city manager Study session meeting of June 12, 2023 (Item No. 1) Page 2 Title: Advisory boards and commissions program analysis Discussion Background: Boards and commissions provide opportunities for the city to engage people in the democratic process and hear different perspectives that help plan and shape the future of the community. Ideally, boards and commissions bring people together and create space for the expression of viewpoints that might not otherwise be heard. The history of boards and commissions in St. Louis Park aligns with other programs locally and nationally. When created in the 1960s, boards and commissions represented best practices in civic and community engagement strategies. As engagement needs and methods have evolved, many communities are finding a misalignment between the goals of boards and commissions and the implementation of associated programming. Boards and commissions can be an effective engagement strategy when they are used to collaborate with the public. The city currently has ten boards and commissions made up of volunteers with wide -ranging interests and expertise who care about the community and want to participate in public service. The charter authorizes the city council to create commissions with advisory powers to investigate any subject of interest to the city. The city code contains the enacting ordinances for those bodies, created with the express purpose of acting in an advisory capacity to the city council. Other boards and commissions derive their authority to conduct specific business from state statute. Membership requirements, composition, scope of work and authority are varied. The city council appoints most, but not all, board and commission members. The city council reviewed the boards and commissions program during two sessions in 2022 on March 28 and April 22. At that time staff presented reports on the state of the program and took direction from the council on potential next steps. Staff recommended engaging an outside consultant to receive and review feedback from various st akeholders in the existing program and to analyze the program potential in comparison to other board and commission programs. The city council supported engaging a consultant to evaluate and provide a recommendation related to the structure, role, functi on and authority of the city’s boards and commissions program. Staff recommended the consultant’s evaluation include an analysis of certain topics to determine: • Internal and external needs. • Capacity and resources needed to ensure both staff and council can effectively support and manage programming going forward. • Desired objectives and outcomes of programming. Including this in the broader evaluation of the boards and commission program provide d an opportunity to assess if the creation of new advisory bodies was the appropriate strategy to address needs or if opportunities existed to modify or leverage existing programs to achieve desired outcomes. Present considerations: The review was completed over the winter and early spring of 2023. During that time the consultant engaged residents who serve on commissions as well as community leaders such as cultural liaisons that work in the St. Louis Park Public school district. Study session meeting of June 12, 2023 (Item No. 1) Page 3 Title: Advisory boards and commissions program analysis The resulting themes collected during those conversations and the related recommendat ions are attached to this report. Next steps: At the June 12 study session, the consultants and s taff will present the report’s findings and recommendations. No policy direction is requested at that meeting. Staff anticipates bringing back the item at the June 26 study session for conversation and to ask for direction to follow the approach outlined below: 1) Building for the future: a) Phase one: Staff will work with council to set the overall purpose and scope of the program and to set the policy for commissions going forward based on feedback from stakeholders included in the report. b) Phase two: Staff will operationalize the policy set by council in the recruitment and retention of commission members and set up a process to establish the relationship between council and the commissions following the direction of the work in phase one . c) Phase three: Staff will implement the programming and engage in a regular process of review and alignment with other community and civic engagement programming. Staff will report to council regularly on the status of the program during the community and civic engagement system in subsequent years. 2) Valuing the current state: a) While the goals and purpose of the program are being updated to be in better alignment, current members will be asked to continue to serve in their current capacity. During this interim period staff will work to address gaps in the program that can be resolved through programmatic changes. An abbreviated appointment process will occur in the event of a vacancy. Throughout this process stakeholders will continue being informed as the process develops, including direct feedback on how the information they provided to the consultant will be used. City of St. Louis Park Boards and Commissions Assessment June, 2023 Study session meeting of June 12, 2023 (Item No. 1) Title: Advisory boards and commissions program analysis Page 4 . Why does the program have limited participation from certain demographic and community groups? How might the application process be limiting participation? How can time spent serving through this program feel meaningful to participants? How can program support staff be most effective in their role? Overall, better align with the city's vision and strategic priorities. Overview Learning Questions Approach Survey (30) Listening sessions and One-on-One Interviews (45) Review of charter, commission bylaws, city organizational structure Peer city review (3) Study session meeting of June 12, 2023 (Item No. 1) Title: Advisory boards and commissions program analysis Page 5 Topline Messages There are great building blocks in place. St. Louis Park has the potential to stand out as a leader in this kind of engagement. Many cities are taking a look at their Boards and Commissions for much the same reasons as St. Louis Park--wanting to update, ensure relevance, be responsive to new demographics and community trends. The program has evolved over many years, as have community needs. As things have changed, gaps have emerged. This is normal and to be expected. Adjustments to the program can realign goals and practices to more accurately reflect current strategic priorities. The themes, implications, and recommendations are things to be worked through over time, not decided on today or all at once. Study session meeting of June 12, 2023 (Item No. 1) Title: Advisory boards and commissions program analysis Page 6 What We'll Cover Today . Themes gleaned from community and staff input Themes are things that came up consistently across respondents. While outliers can be interesting and important, themes are those things around which there appears to be substantial concensus. Implications Recommendations Questions/Discussion Study session meeting of June 12, 2023 (Item No. 1) Title: Advisory boards and commissions program analysis Page 7 Themes & Implications Study session meeting of June 12, 2023 (Item No. 1) Title: Advisory boards and commissions program analysis Page 8 Respondents see serving as a fruitful way to advance their careers, develop new skills and job prospects, or get involved in local public office. Respondents are enthusiastic about the opportunity to learn the inner workings of governing and city functions. People want to help and have been hanging on and hoping for things to gel. People have stuck with it even through the pandemic. There’s a strong sense of community identity and community service. Theme # 1: We want to help, and we see value... Study session meeting of June 12, 2023 (Item No. 1) Title: Advisory boards and commissions program analysis Page 9 Theme #2: We don’t know what we’re supposed to be doing. Respondents report that the way the program is run shifts depending on city leadership (Council and staff). Respondents wonder what their role is in relation to the Council, City Manager, City Staff, and community. They wonder if they are supposed to be giving input, and if so to whom and how. This uncertainty sometimes results in preventing or slowing momentum. Lack of clarity hinders the ability of community partners to promote the program and help recruit new commissioners Study session meeting of June 12, 2023 (Item No. 1) Title: Advisory boards and commissions program analysis Page 10 Theme #2: We don’t know what we’re supposed to be doing (continued). Respondents (staff, commissioners) connected to Planning/BOZA and the Housing Authority are very clear on their purpose and scope, as a result of clear parameters and statutory requirements. The rest of the respondents are less clear. There is lack of clarity about Council expectations, needs, and motivations for engaging community through this program. While many respondents said it was nice to have latitude, the lack of guidance or structure from Council also makes people feel rudderless or without focus. Study session meeting of June 12, 2023 (Item No. 1) Title: Advisory boards and commissions program analysis Page 11 ...It's frustrating that we simply don't have a purpose. We have no power or responsibility. ...The most challenging thing is understanding what’s expected of the commission and how we could better help the city. Study session meeting of June 12, 2023 (Item No. 1) Title: Advisory boards and commissions program analysis Page 12 Theme #3: We get mixed messages. Respondents describe confusion about what they view as mixed messages. For example: "You're here to advise council" but they rarely interact with Council, aren't consistently asked for advice, and there is no reliable mechanism for interaction or workflow--staff is the conduit. "You're an ambassador for the city" but they don't have authority or mechanisms to communicate with the community on the City's behalf. "Commissions are for community input, commissioners represent community perspective" but there are no resources or mechanisms for getting input from community Study session meeting of June 12, 2023 (Item No. 1) Title: Advisory boards and commissions program analysis Page 13 Commissioners only interact with Council once a year (if that), and for a very limited time and purpose. For the most part Commissioners don't interact with other Boards/Commissions, even though some of the issues overlap. Commissioners feel discouraged from communicating with each other due to perceived limitations of Open Meeting Law Theme #4: We feel disconnected. Study session meeting of June 12, 2023 (Item No. 1) Title: Advisory boards and commissions program analysis Page 14 What's frustrating is the poor communication flows between the three players (the commission, [city staff], and the City Council). We could get a lot more done if there was more transparency. ...I think that commissions are a great way to get people involved, they provide opportunities for Council to be able to delegate things to commissions...But to be effective they need to be tended to by City Council. They need to give us direction. While we are independent, we are desperate to hear what we can do for them. Without their authority, we are less impactful. Study session meeting of June 12, 2023 (Item No. 1) Title: Advisory boards and commissions program analysis Page 15 There is no standardized onboarding/training The workplan process doesn’t support the charge of advising city council There is not a reliable system in place for being proactive and supporting Council's required needs Nor is there a reliable system for being reactive in a timely way as community issues emerge Regular evaluation and updating the purpose and relevance of commissions does not occur in a systematic way Theme #5: There aren’t systems in place to support us sufficiently. Study session meeting of June 12, 2023 (Item No. 1) Title: Advisory boards and commissions program analysis Page 16 ...Our committee serves no actual purpose. Without any actual guidance from the city, we literally make things up as we go along. Every time someone leaves, there is a brain drain as there is no centralized location to save documents, contact, resources, etc. Worse, we have no way to communicate our work with fellow commissions, nonprofits, like minded groups, potential partners, or curious residents. ..I am in a room full of capable people who have no official structure to serve this city in a meaningful way. Study session meeting of June 12, 2023 (Item No. 1) Title: Advisory boards and commissions program analysis Page 17 Theme # 6: We don’t see our impact. Respondents believe they have a lot to contribute, but they don't feel they are being utilized well. Study session meeting of June 12, 2023 (Item No. 1) Title: Advisory boards and commissions program analysis Page 18 ...I feel like we plan and discuss a lot of things, but there is not much happening. ...We haven’t done much of action or community work. ..We share our input with staff, but we don't know where that goes or if it's used. ...It feels more like I’m just being told what’s happening as opposed to being a part of any decision making. More of a rubber stamp than a part of the process. Study session meeting of June 12, 2023 (Item No. 1) Title: Advisory boards and commissions program analysis Page 19 Theme # 7: Staff is amazing, but they don’t have capacity. Universally, Commissioners rave about their staff liaisons and feel that they go over and above in terms of effort. However, staff and commissioners alike note that this is a tiny piece of the staff liaison's overall job, and they are stretched thin. In terms of supporting staff liaisons, they don't have consistent onboarding when they start the role, they don't have mechanisms for connecting with one another to compare notes, and there are not opportunities to think broadly about how Commissions can serve the strategic priorities of the City. Study session meeting of June 12, 2023 (Item No. 1) Title: Advisory boards and commissions program analysis Page 20 ...Staff is incredibly organized. As someone who is usually the organizer in my professional and personal life, it feels really good to just be able to show up and have really competent people organizing things for us. ...It is so much work: attending 2 hour monthly meetings at night, plus workgroups meetings; logistical recording, coordination, contacts list, reserving meeting spaces, tracking attendance, orientation, annual 4 hour retreat, draft agendas... Study session meeting of June 12, 2023 (Item No. 1) Title: Advisory boards and commissions program analysis Page 21 There is not cohesion or sense of connection across Boards and Commissions. There is not consistency in how commissions operate. There is not a well articulated overall strategy. No one is responsible for seeing the whole, bringing it all together, and directly linking it to strategic priorities of the city. How Boards and Commissions are managed shifts based on the inclinations of whoever is on Council and whoever is city manager. This is natural, but there is not a sense of what needs to remain consistent. Theme # 8: It’s not a cohesive program. Study session meeting of June 12, 2023 (Item No. 1) Title: Advisory boards and commissions program analysis Page 22 Respondents believe that appointment to commissions is based on who you know, and that the people that are most actively recruited are the people Council and staff already know. This mutually reinforces a limited demographic. There is little active engagement or relationship-building to widen the pool. Theme # 9 It’s who you know…and you don't know us [community members of groups currently underrepresented] Study session meeting of June 12, 2023 (Item No. 1) Title: Advisory boards and commissions program analysis Page 23 I will put in my time, because you are giving me time. Study session meeting of June 12, 2023 (Item No. 1) Title: Advisory boards and commissions program analysis Page 24 Virtual participation is prohibited by law. There is no food, transportation, or child care considerations. The way the meetings are run and set up are not community centric. Open Meeting law is cited as a reason for obstacles. The overall expectation of the city is that residents should and will come to them, and if they don't, it's assumed that it's because they're not interested or able. Theme # 10: Participation is not easy… Study session meeting of June 12, 2023 (Item No. 1) Title: Advisory boards and commissions program analysis Page 25 ...Robert's Rules [standard parliamentary procedure] is exclusionary and confusing and makes it difficult to know when and how to speak up. I don’t always know when is appropriate for me to challenge or ask questions. ...It's frustrating that there's no virtual option. ...I'm guessing some people don't participate because of the time of the meetings (mealtimes, evenings), they have kids and need child care. Study session meeting of June 12, 2023 (Item No. 1) Title: Advisory boards and commissions program analysis Page 26 Investing in community relationship building. Housed with community engagement manager with dedicated staff Full-time staff dedicated to supporting commission and liaisons Going to events and community gatherings Run meetings in rounds to ensure equal participation. Cities we spoke with were actively seeking to build programs that are relevant and compelling for the social and demographic shifts that are underway across the country. Unified, systematic, and consistent way to run the selection process, including a standard scoring rubric. Peer City Reviews--Promising Practices from Robust Programs Study session meeting of June 12, 2023 (Item No. 1) Title: Advisory boards and commissions program analysis Page 27 Work closely with school staff--for instance, a government class teacher includes board/commission service as an option for satisfying class requirements Chair takes active role in mentoring youth--orients, answers questions, seats on either side of the chair at every meeting. Youth members are voting members Youth terms are synchronized with school year, terms are one year Peer City Reviews--Youth Engagement Study session meeting of June 12, 2023 (Item No. 1) Title: Advisory boards and commissions program analysis Page 28 Implications Study session meeting of June 12, 2023 (Item No. 1) Title: Advisory boards and commissions program analysis Page 29 Engagement requires resources--human and financial. Engagement is not transactional or passive—it’s personal and relationship- centered If you’re not getting people with a variety of backgrounds, you’re not asking people with a variety of backgrounds. They aren’t going to come to you. Programs require: Overarching purpose Cohesive strategy Clear, regular communication lines Action and impact Implications Action & Impact Communication Strategy Purpose Study session meeting of June 12, 2023 (Item No. 1) Title: Advisory boards and commissions program analysis Page 30 Implications Community-centric programming requires community-friendly practices, using methods that don't feel intimidating, with supports that make it easy to participate. There is a tremendous opportunity for St. Louis Park to stand out as Best in Class when it comes to leveraging Boards and Commissions to engage residents in the strategic priorities of the city. Study session meeting of June 12, 2023 (Item No. 1) Title: Advisory boards and commissions program analysis Page 31 Recommendations Study session meeting of June 12, 2023 (Item No. 1) Title: Advisory boards and commissions program analysis Page 32 In addition, the City should develop a set of considerations that guide their decisions about creating, combining, sunsetting, or changing the purpose of all of the Commissions on a regular basis. Focus On Purpose What is the purpose of engagement? Why does the city want residents engaged?1 What is the purpose of a Boards and Commissions Program? How does it tie to Strategic Priorities?2 What is the purpose of each Board or Commission?3 Changes and adjustments should be grounded in answers to the following questions; These questions should be revisited at regular intervals. How can a Boards & Commissions Program tie together/ feel cohesive for staff, Council, and residents? 4 Study session meeting of June 12, 2023 (Item No. 1) Title: Advisory boards and commissions program analysis Page 33 For example, if you want them to…Then you need to…. Advise council, research issues council is considering, provide input on policy Have regular interaction with the commissions, identify priorities that you want them to give input on, and resource the commission to do the legwork they need to do to be effective; have mechanisms for regular dialogue Act as a bridge/ambassador to community members, both providing information to community and getting input from community on priority issues  Resource and support commissioner activities that give information and gather input on a regular basis; build in regular feedback loops directly between commissions and Council  Come up with their own activities and implement them  Provide clear parameters for what fits in their scope, resource and support their activities sufficiently  Design Supports That Match Purpose (Form Follows Function) Study session meeting of June 12, 2023 (Item No. 1) Title: Advisory boards and commissions program analysis Page 34 In order to have a pool of candidates from diverse communities, it is necessary to be intentional about and committed to building relationships with them. Consider: Tabling at community events and school open houses Partnering with school and community leaders who are connected with communities to build awareness of the program; work with school cultural liaisons Establish clear measures for tracking diversity (race, gender, age, occupation, location in the city) at each point in the recruitment and appointment process. You measure what you treasure. Establish a common appointment rubric that demonstrates the need and value of having better representation and reduces unconscious bias (who you know, favoring those who are most like yourself). A rubric could include a combination of characteristic related to the purpose of the commission, along with racial and economic diversity considerations. Expand the Pool Study session meeting of June 12, 2023 (Item No. 1) Title: Advisory boards and commissions program analysis Page 35 Provide support for communities to participate. This can include providing child care or child care stipends for parent participation; snacks; transit cards; or honorariums to help reimburse participation related expenses. Include money in the city budget for the program and be clear and transparent about the resources available. Be explicit about these supports during recruitment and appointment. Make meetings more welcoming and comfortable by running them in ways that put people at ease, such as: Explore other facilitation methods such as consensus methods and round robins to ensure equal participation Establish mentoring between commissioners, especially youth members Revisit meeting times, dates, and locations on a regular basis Develop standard orientation process, that includes training on how the city functions. Make The Experience Comfortable and Community- Friendly Study session meeting of June 12, 2023 (Item No. 1) Title: Advisory boards and commissions program analysis Page 36 Create a structure for the work that elevates its profile and positions it to support city work across departments and levels. Creates synergy between strategic priorities and relationships with residents Aligns Boards and Commissions with other community oriented aspects of the city's work Hire dedicated community engagement staff who: Supports Boards and Commissions and staff liaisons Cultivates relationships in the community and personally recruits Board and Commission candidates Supports the recruitment and appointment process, including streamlining the steps; builds consistent onboarding and training practices Ensures that the program is cohesive, impactful, meaningful, and tied to strategic priorities Establish a budget that includes funds for both Commission activities and community outreach. Staff and Structure for the Long Term Study session meeting of June 12, 2023 (Item No. 1) Title: Advisory boards and commissions program analysis Page 37 Meeting: Study session Meeting date: June 12, 2023 Discussion item: 2 Executive summary Title: Body worn camera annual update Recommended action: Review the body worn camera program policies and audit summary. Policy considerations: •Does the council approve of the direction of the body worn camera program? •Should annual presentations to the council be provided every two years to match the state biennial audit requirement and supplemented with reports in the off-year? Summary: Council affirmed the police department body worn camera policy on September 4, 2018, and approved Resolution no. 18-134 directing the police department to report back to council in six months and annually thereafter regarding: 1.General reflections and learnings from the police department on the implementation and use of BWC’s 2.Criteria tracked to include, at a minimum, hours of utilization, officer compliance, how often reports are filed to document when cameras are not turned on, how often and under what circumstances officers review footage prior to writing reports, requests to view footage and police department response 3.Any police department proposed changes or updates to the use of BWC's policy 4.Other information that would be useful to the city council and the public to help understand and evaluate this initial trial and implementation. The report includes information as directed by Resolution no. 18-134 and is based upon the use of the body worn cameras from January 1, 2022, through December 31, 2022. Financial or budget considerations: Body worn/squad camera system costs (including software and data storage) are approximately $200,000 annually since the start of the program. This cost is expected to remain stable for the fo reseeable future. Strategic priority consideration: St. Louis Park is committed to creating opportunities to build social capital through community engagement. Supporting documents: Resolution 18-134 Body worn camera policy In-Car Camera Policy LOGIS 2023 audit summary Prepared by: Mikael Garland, police lieutenant Approved by: Bryan Kruelle, police chief Approved by: Kim Keller, city manager Study session meeting of June 12, 2023 (Item No. 2) Page 2 Title: Body worn camera annual update Discussion Background In 2017, the police department began a deliberative process to develop its BWC program. A defining characteristic of that development effort was the responsibility to create a BWC policy that reflected the needs of the community. As a demonstration of that commitment, and with the support of the council, the police department began collaborating with the Human Rights Commission (HRC), the Police Advisory Commission (PAC) and the Police Multicultural Advisory Committee (PMAC) to seek input, conduct research and review policy drafts. In addition to its policy work, the HRC met with department leaders in March 2018 and hosted a community listening session with the PAC in April 2018. The purpose of this session was to gather public input and provide a space for important concerns to be raised. An outcome of this engagement was a recommendation from the HRC for strong BWC policies that emphasized an intention to protect the community and prevent BWC technology from becoming an intrusive surveillance tool for government and law enforcement – concerns that helped to serve as a guide for the eventual policies created. During policy review and engagement sessions with department leadership, the PAC emphasized the importance of required audits, and making them public as a demonstrated commitment to transparency. The PMAC emphasized that ample education about the program be extended to community members, resulting in the creation of an informational brochure and online content. The department’s collaboration with the HRC, the PAC and PMAC, led to the BWC program and its policies earning the trust and support of three critical stakeholder groups that help shape the police-community relationship. The council affirmed the BWC policy on September 4, 2018, and passed Resolution no. 18-134 directing the chief of police to report back to council in six months and annually thereafter. The police department BWC program went live on April 10, 2019, utilizing approximately 60 body worn cameras and 19 fleet cameras. 2022 results The information provided in the following three sections is based upon the use of the body worn cameras in calendar year 2022 (with comparison to previous years where applicable) and corresponds to the information requested by council in Resolution no. 18-134. General reflections and learnings from the police department on the implementation and use of body worn cameras. Since implementation, police department staff noted the following reflections and learnings while utilizing the body worn and fleet cameras: • Use: Officers activate body worn cameras more often than required by policy. • Records management: The current records management system on Evidence.com offers streamlined information sharing between partner agencies and city/county prosecutors. There has been no significant impact to date from public data requests. • Internal compliance audits: The trimester supervisory audits were put in place at the start of the program to ensure ongoing compliance with policy as well as proper application of training. (More detail about audit results appears in the table below.) Study session meeting of June 12, 2023 (Item No. 2) Page 3 Title: Body worn camera annual update Criteria tracked to include, at a minimum, hours of utilization, officer c ompliance, how often reports are filed to document when cameras are not turned on, how often and under what circumstances officers review footage prior to writing reports, requests to view footage and police department response. Since implementation in 2019, department personnel have been consistently diligent in their application of the policy. Metric 2020 2021 2022 Number of calls for service 50,668 51,620 46,868 Number of police reports written 7,607 7,894 7,869 Hours of data collected 11,322 12,944 13,240 Number of videos collected 43,919 47,925 47,355 Number of times video reviewed prior to report writing 238 193 223 Policy compliance rate 99.97% 99.97% 99.96% Number of failure to activate incidents, self-reported 13 14 10 Audited failure to activate rate 0.07% 0.13% 0.67% Number of public information requests received 6 6 7 Any police department proposed changes or updates to the policy or procedures on body worn cameras. The police department completed a required biennial audit of its BWC program in March 2023. LOGIS was contracted to perform the audit. Minnesota Statute §13.825 requires law enforcement agencies that use body-worn cameras to conduct biennial independent audits of the data to determine whether data are appropriately classified according to this section, how the data are used, whether the data are destroyed as required under this section, and to verify compliance with the law. Law enforcement must forward a report summarizing the results of the audit to the governing body within the jurisdiction and to the Legislative Commission on Data Practices and Personal Data Privacy. LOGIS completed their audit and found the police department to be compliant with statute and reported their results as required. LOGIS made no recommendations and reported no issues with the police department’s BWC program. Next steps Since 2018, the established BWC tracking criteria have recorded consistent results, demonstrating program effectiveness. As a result, police department leadership recommends annual presentations to the council change from every year to every other year, to match the state biennial audit requirement. Staff further recommends supplementing these biennial presentations with a report to council in the off-year. Resolution No. 18-134 Resolution prescribing the reporting requirements of the city manager to the city council regarding the St. Louis Park police departments use of body worn cameras Whereas, on September 4, 2018 the city council affirmed the body worn camera (BWC) policy and directed staff to continue to move forward with the implementation of the BWC initiative; and Whereas, transparency and accountability regarding the police departments use of BWC's is important in order to help maintain the public's trust in the department; and Whereas, the city of St. Louis Park values continuous learning and improvement as it goes about providing services to the community. Now therefore be it resolved by the city council of the city of St. Louis Park that in addition to the audit and reporting requirements required by state statute for an agencies use of BWC's, the city manager, with the assistance of the police chief, is directed to provide a report to the city council within six months of the city council's affirmation of the BWC policy and annually thereafter that includes, but is not limited to, the following: General reflections and learnings from the police department on the implementation and use of BWC's; Criteria tracked to include, at a minimum, hours of utilization, officer compliance, how often reports are filed to document when cameras are not turned on, how often and under what circumstances officers review footage prior to writing reports, requests to view footage and police department response; Any police department proposed changes or updates to the "Use of BWC's Policy"; a\ Other information that would be useful to the city council and the public to help understand and evaluate this initial trial and implementation." Revi5 ed l9f administration: meted by the City Council September 4, 2018 Thomas K. Harmening, City Manager Attest: Study session meeting of June 12, 2023 (Item No. 2) Title: Body worn camera annual update Page 4 3/30/2021 Body-Worn Cameras Policy Page 1 City of St. Louis Park, Minnesota  Use of Body‐Worn Cameras Policy  Purpose  The primary purpose of using body‐worn‐cameras (BWCs) is to:  A.Capture evidence arising from a police‐citizen contact. B.Assist with accurate report writing. C.Allow for transparency and accountability in policing and protect the civil rights of the community. This policy sets forth guidelines governing the use of BWCs and administering the data that  results. Compliance with these guidelines is mandatory, but it is recognized that officers must  also attend to other primary duties and the safety of all concerned, sometimes in circumstances  that are tense, uncertain, and rapidly evolving.   Objectives  The St. Louis Park Police Department has adopted the use of portable audio/video recorders to  accomplish the following objectives:  A.To enhance officer safety. B.To document statements and events during the course of an incident. C.To enhance the officer’s ability to document and review statements and actions for both internal reporting requirements and for courtroom preparation/presentation. D.To preserve audio and visual information for use in current and future investigations. E.To enhance the public trust by preserving factual representations of officer‐citizen interactions in the form of audio‐video recording. F.To promote the civility of police‐civilian encounters G.To provide objective evidence to help resolve civilian complaints against police officers and the City of St. Louis Park. H.To protect the civil rights of the community. I.To assist with training and evaluation of officers. Policy  It is the policy of this department to authorize and require the use of department‐issued BWCs  as set forth below, and to administer BWC data as provided by law.  Study session meeting of June 12, 2023 (Item No. 2) Title: Body worn camera annual update Page 5 3/30/2021 Body-Worn Cameras Policy Page 2 Scope  This policy governs the use of BWCs in the course of official duties. It does not apply to the use  of squad‐based (dash‐cam) recording systems. The Chief of Police or the chief’s designee may  supersede this policy by providing specific instructions for BWC use to individual officers, or  providing specific instructions pertaining to particular events or classes of events, including but  not limited to political rallies and demonstrations where their use might be perceived as a form  of political or viewpoint‐based surveillance. The chief or designee may also provide specific  instructions or standard operating procedures for BWC use to officers assigned to specialized  details, such as carrying out duties in courts or guarding prisoners or patients in hospitals and  mental health facilities. In the event the chief does supersede policy by providing specific  instructions for use, a written report will be submitted to the City Manager.  Definitions  The following phrases have special meanings as used in this policy:  A.MGDPA or Data Practices Act refers to the Minnesota Government Data Practices Act, Minn. Stat. § 13.01, et seq. B.Records Retention Schedule refers to the General Records Retention Schedule for Minnesota Cities. C.Law enforcement‐related information means information captured or available for capture by use of a BWC that has evidentiary value because it documents events with respect to a stop, arrest, search, citation, or charging decision. D.Evidentiary Value means that the information may be useful as proof in a prosecution or defense of a criminal action, related civil or administrative proceeding, further investigation of an actual or suspected criminal act, or in considering an allegation against a law enforcement agency or officer. E.General Citizen Contact means an informal encounter with a citizen that is not and does not become law enforcement‐related or adversarial, and a recording of the event would not yield information relevant to an ongoing investigation. Examples include, but are not limited to, assisting a motorist with directions, summoning a  tow truck, or receiving generalized concerns from a citizen about crime trends in his or her neighborhood. F.Adversarial means a law enforcement encounter with a person that becomes confrontational, during which at least one person expresses anger, resentment, or hostility toward the other, or at least one person directs toward the other verbal conduct consisting of arguing, threatening, challenging, swearing, yelling, or shouting. Encounters in which a citizen demands to be recorded or initiates recording on his or her own are deemed adversarial. Study session meeting of June 12, 2023 (Item No. 2) Title: Body worn camera annual update Page 6 3/30/2021 Body-Worn Cameras Policy Page 3 G.Unintentionally recorded footage is a video recording that results from an officer’s inadvertence or neglect in operating the officer’s BWC, provided that no portion of the resulting recording has evidentiary value. Examples of unintentionally recorded footage include, but are not limited to, recordings made in station house locker rooms, restrooms, and recordings made while officers were engaged in conversations of a non‐ business, personal nature with the expectation that the conversation was not being recorded. H.Official duties, for purposes of this policy, means that the officer is on duty and performing authorized law enforcement services on behalf of this agency. Training  All users of a BWC will be trained on the cameras operation and this policy prior to deploying  one.  Use and Documentation  A.Officers may use only department‐issued BWCs in the performance of official duties for this agency or when otherwise performing authorized law enforcement services as an employee of this department. B.All officers working uniform patrol, uniform special details, traffic duties, and uniform school resource officer duties shall use a BWC unless permission has been granted by a supervisor to deviate from this clause. Plain clothes investigators/officers and administrators are allowed to use BWC when interacting with citizens, when appropriate. C.Officers who have deployed a BWC shall operate and use them consistent with this policy. Officers shall conduct a function test of their issued BWCs at the beginning of each shift to make sure the devices are operating properly. Officers noting a malfunction during testing or at any other time shall promptly report the malfunction to the officer’s supervisor. As soon as is practical, the malfunctioning BWC shall be put down for service and the officer should deploy a working BWC. If a BWC malfunctions while recording, is lost, or damaged the circumstances shall be documented in a police report and a supervisor shall be notified.  Supervisors shall take prompt action to address malfunctions and document the steps taken in writing. D.Officers should wear their BWC in a conspicuous manner at the location on their body and manner specified in training. E.Officers must document BWC use and non‐use as follows: Study session meeting of June 12, 2023 (Item No. 2) Title: Body worn camera annual update Page 7 3/30/2021 Body-Worn Cameras Policy Page 4 1.Whenever an officer makes a recording, the existence of the recording shall be documented in the records management system, an incident report, or a citation if completed. 2.Whenever an officer fails to record an activity that is required to be recorded under this policy or captures only a part of the activity, the officer must document the circumstances and reasons for not recording in the records management system or incident report. Supervisors shall review these reports and initiate any corrective action deemed necessary. F.The department will maintain the following records and documents relating to BWC use, which are classified as public data: 1.The total number of BWCs owned or maintained by the agency; 2.A daily record of the total number of BWCs actually deployed and used by officers and, if applicable, the precincts in which they were used; 3.The total amount of recorded BWC data collected and maintained; and 4.This policy, together with the Records Retention Schedule. General Guidelines for Recording   A.This policy is not intended to describe every possible situation in which the BWC should be activated, although there are many situations where use of the BWC is appropriate. Officers should activate the BWC any time the user believes it would be appropriate or valuable to record an incident. B.Officers shall activate their BWCs when anticipating that they will be involved in, become involved in, or witness other officers of this agency involved in a pursuit, Terry frisks, a traffic stop of a motorist, an investigative stop of a pedestrian, searches, seizures, arrests, response to resistance incidents, any encounter that becomes in any way hostile,  confrontational, or adversarial, and during other activities likely to yield information having evidentiary value. However, officers need not activate their cameras when it would be unsafe, impossible, or impractical to do so, but such instances of not recording when otherwise required must be documented as specified in the Use and Documentation guidelines, part (E)(2) (above). C.Officers have discretion to record or not record general citizen contacts. D.Officers will wear their camera in a conspicuous manner as specified in training. Officers have no affirmative duty to inform people that a BWC is being operated or that the Study session meeting of June 12, 2023 (Item No. 2) Title: Body worn camera annual update Page 8 3/30/2021 Body-Worn Cameras Policy Page 5 individuals are being recorded. Officers may make an announcement that BWCs are  being used.  E.Once activated, the BWC should continue recording until the conclusion of the incident or encounter, or until it becomes apparent that additional recording is unlikely to capture information having evidentiary value. The supervisor having charge of a scene shall likewise direct the discontinuance of recording when further recording is unlikely to capture additional information having evidentiary value. If the recording is discontinued while an investigation, response, or incident is ongoing, officers shall state the reasons for ceasing the recording on camera before deactivating their BWC. If circumstances change, officers shall reactivate their cameras as required by this policy to capture information having evidentiary value. Any decision to discontinue recording shall be made with respect to the nine policy objectives. F.Officers shall not intentionally block the BWC’s audio or visual recording functionality to defeat the purposes of this policy. This does not prevent an officer from temporarily blocking the visual recording while ensuring audio data is collected during an encounter with persons who are nude or when sensitive human areas are exposed. G.Notwithstanding any other provision in this policy, officers shall not use their BWCs or any other device to record other agency personnel during non‐enforcement related activities, such as during pre‐ and post‐shift time in locker rooms, during meal breaks, or during other private conversations, unless recording is authorized as part of a criminal investigation. Special Guidelines for Recording  Officers may, in the exercise of sound discretion, determine:  A.To use their BWCs to record any police‐citizen encounter if there is reason to believe the recording would potentially yield information having evidentiary value, unless such recording is otherwise expressly prohibited. B.To use their BWCs to take recorded statements from persons believed to be victims of and witnesses to crimes, and persons suspected of committing crimes, considering the needs of the investigation and the circumstances pertaining to the victim, witness, or suspect. The preferred method of recording a formal statement from a victim, witness or suspect is using currently approved audio recording devices/software compatible with records management dictation software. In addition,   Study session meeting of June 12, 2023 (Item No. 2) Title: Body worn camera annual update Page 9 3/30/2021 Body-Worn Cameras Policy Page 6 C.Officers need not record persons being provided medical care unless there is reason to believe the recording would document information having evidentiary value. When responding to an apparent mental health crisis or event, BWCs shall be activated as necessary to document any response to resistance and the basis for it, and any other information having evidentiary value, but need not be activated when doing so would serve only to record symptoms or behaviors believed to be attributable to the mental health issue. D. Officers should use their BWC and/or squad‐based audio/video systems to record their transportation and the physical transfer of persons in their custody to hospitals, detox and mental health care facilities, juvenile detention centers, and jails, but otherwise should not record in these facilities unless the officer anticipates witnessing a criminal event or being involved in or witnessing an adversarial encounter or response to resistance incident. School Resource Officers  The St. Louis Park Police Department recognizes that the duties and working environment for  School Resource Officers (SRO) are unique within policing. It recognizes the SROs are required  to maintain school safety while keeping the sanctity of the learning environment that the  school provides. SROs are expected to continuously build trusting relationships with students  and staff. SROs often have impromptu interventions with students to deescalate arguments  and/or conflicts. It is with this understanding that the St. Louis Park Police Department provide  special guidelines for SROs and their BWC.  The BWC should be activated in any of the following situations:  (a)When summoned by any individual to respond to an incident where it is likely that law enforcement action will occur when you arrive. (b)Any self‐initiated activity where it is previously known that you will make a custodial arrest. (c)Any self‐initiated activity where it is previously known that you’re questioning / investigation will be used later in a criminal charge. (d)When feasible an SRO shall activate the BWC when the contact becomes adversarial or the subject exhibits unusual behaviors. Nothing in the policy undermines the fact that in many instances SROs are suddenly forced to  take law enforcement action and have no opportunity to activate the BWC. It is also recognized  that SROs have private (confidential) conversations with juveniles. It is not always appropriate  to record these conversations as it diminishes the trust between the individual and the SRO.  Study session meeting of June 12, 2023 (Item No. 2) Title: Body worn camera annual update Page 10 3/30/2021 Body-Worn Cameras Policy Page 7 Downloading and Categorizing Data  A.Each officer using a BWC is responsible for transferring or assuring the proper transfer of the data from their camera to the BWC server by the end of that officer’s shift. However, if the officer is involved in a shooting, in‐custody death, or other law enforcement activity resulting in death or great bodily harm, a supervisor or investigator shall take custody of the officer’s BWC and consult with their supervisor. B.Officers shall categorize the BWC data files of each video capture and should consult with a supervisor if in doubt as to the appropriate category. The selected category(ies) shall determine the retention times per the general records retention schedule established by the Minnesota Clerks and Finance Officers Association (MCFOA). C.In addition, officers shall categorize each file appropriately, in the manner specified in training, with the appropriate category to indicate the information it contains. Some data subjects may have rights under the MGDPA limiting disclosure of information about them. These individuals include: 1.Victims and alleged victims of criminal sexual conduct and sex trafficking. 2.Victims of child abuse or neglect. 3.Vulnerable adults who are victims of maltreatment. 4.Undercover officers. 5.Informants. 6.When the video is clearly offensive to common sensitivities. 7.Victims of and witnesses to crimes, if the victim or witness has requested not to be identified publicly. 8.Individuals who called 911, and services subscribers whose lines were used to place a call to the 911 system. 9.Mandated reporters. 10.Juvenile witnesses, if the nature of the event or activity justifies protecting the identity of the witness. 11.Juveniles who are or may be delinquent or engaged in criminal acts. Study session meeting of June 12, 2023 (Item No. 2) Title: Body worn camera annual update Page 11 3/30/2021 Body-Worn Cameras Policy Page 8 12.Individuals who make complaints about violations with respect to the use of real property. 13.Officers and employees who are the subject of a complaint related to the events captured on video. 14.Other individuals whose identities the officer believes may be legally protected from public disclosure. D.Category and flag designations may be corrected or amended based on additional information. Administering Access to BWC Data  A.Data subjects. Under Minnesota law, the following are considered data subjects for purposes of administering access to BWC data: 1.Any person or entity whose image or voice is documented in the data. 2.The officer who collected the data. 3.Any other officer whose voice or image is documented in the data, regardless of whether that officer is or can be identified by the recording. B.BWC data is presumptively private. BWC recordings are classified as private data about the data subjects unless there is a specific law that provides differently. As a result: 1.BWC data pertaining to people is presumed private, as is BWC data pertaining to businesses or other entities. 2.Some BWC data is classified as confidential (see C. below). 3.Some BWC data is classified as public (see D. below). C.Confidential data. BWC data that is collected or created as part of an active criminal investigation is confidential. This classification takes precedence over the “private” classification listed above and the “public” classifications listed below. D.Public data. The following BWC data is public: Study session meeting of June 12, 2023 (Item No. 2) Title: Body worn camera annual update Page 12 3/30/2021 Body-Worn Cameras Policy Page 9 1.Data documenting the discharge of a firearm by a peace officer in the course of duty, other than for training or the killing of an animal that is sick, injured, or dangerous. 2.Data that documents the use of force by a peace officer that results in substantial bodily harm. 3.Data that a data subject requests to be made accessible to the public, subject to redaction. Data on any data subject (other than a peace officer) who has not consented to the public release must be redacted [if practicable]. In addition, any data on undercover officers must be redacted. 4.Data that documents the final disposition of a disciplinary action against a public employee. However, if another provision of the Data Practices Act classifies data as private or  otherwise not public, the data retains that other classification. For instance, data that  reveals protected identities under Minn. Stat. § 13.82, subd. 17 (e.g., certain victims,  witnesses, and others) should not be released even if it would otherwise fit into one of  the public categories listed above.  E.Access to BWC data by non‐employees. Officers shall refer members of the media or public seeking access to BWC data to the administrative lieutenant or their designee, who shall process the request in accordance with the St. Louis Park Police Department’s applicable processes and policies and other governing laws. In particular: 1.An individual shall be allowed to review recorded BWC data about themselves and other data subjects in the recording, but access shall not be granted: a.If the data was collected or created as part of an active investigation. b.To portions of the data that the agency would otherwise be prohibited by law from disclosing to the person seeking access, such as portions that would reveal identities protected by Minn. Stat. § 13.82, subd. 17. 2.Unless the data is part of an active investigation, an individual data subject shall be provided with a copy of the recording upon request, but subject to the following guidelines on redaction: a.Data on other individuals in the recording who do not consent to the release must be redacted. b.Data that would identify undercover officers must be redacted. Study session meeting of June 12, 2023 (Item No. 2) Title: Body worn camera annual update Page 13 3/30/2021 Body-Worn Cameras Policy Page 10 c.Data on other officers who are not undercover, and who are on duty and engaged in the performance of official duties, may not be redacted. F.Access by peace officers and law enforcement employees. No employee may have access to the department’s BWC data except for legitimate law enforcement or data administration purposes: 1.Officers may access, share, view and download stored BWC video only when there is a business need for doing so, including the need to defend against an allegation of misconduct or substandard performance. Officers may review video footage of an incident in which they were involved prior to preparing a report, giving a statement, or providing testimony about the incident. Officers shall not use the fact that a recording was made as a reason to write a less detailed report. 2.Personal devices shall not be used to capture, record, transfer, store or view any BWC videos, photos or other evidence. 3.Supervisors may view recordings at any time they are making inquiry into an alleged complaint, performance issue, or policy violation. 4.Agency personnel are prohibited from accessing BWC data for non‐business reasons and from sharing the data for non‐law enforcement related purposes, including but not limited to uploading BWC data recorded or maintained by this agency to public and social media websites. All incidents of access to BWC data are digitally logged. Allegations of inappropriate access to BWC data will be investigated and based on the finding, discipline may result. 5.Employees seeking access to BWC data for non‐business reasons may make a request for it in the same manner as any member of the public. G.Other authorized disclosures of data. Officers may display portions of BWC footage to witnesses as necessary for purposes of investigation as allowed by Minn. Stat. § 13.82, subd. 15, as may be amended from time to time. These displays will generally be limited in order to protect against the incidental disclosure of individuals whose identities are not public. Any displays will take place at the St. Louis Park Police Department with the approval of a supervisor. Protecting against incidental disclosure could involve, for instance, showing only a portion of the video, showing only screen shots, muting the audio, or playing the audio but not displaying video. In addition, 1.An officer may request a supervisor respond to the scene and request approval for a display to take place outside the St. Louis Park Police Department. Study session meeting of June 12, 2023 (Item No. 2) Title: Body worn camera annual update Page 14 3/30/2021 Body-Worn Cameras Policy Page 11 2.BWC data may be shared with other law enforcement agencies only for legitimate law enforcement purposes that are documented in writing at the time of the disclosure. 3.BWC data shall be made available to prosecutors, courts, and other criminal justice entities as provided by law. Data Security Safeguards   A.Department members shall not intentionally edit, alter, or erase any BWC recording unless otherwise expressly authorized by the Chief of Police or the Chief’s designee. B.As required by Minn. Stat. § 13.825, subd. 9, as may be amended from time to time, this agency shall obtain an independent biennial audit of its BWC program. Agency Use of Data  A.To ensure compliance with this policy and to identify any performance areas in which additional training or guidance is required supervisors will review each officer’s BWC recordings during each officer’s trimester evaluation or more frequently if there is reason to do so. B.In addition, supervisors and other assigned personnel may access BWC data for the purposes of reviewing or investigating a specific incident that has given rise to a complaint or concern about officer misconduct or performance. C.When a video is accessed or reviewed via Evidence.com, a notation shall be entered into the “Notes” section of the screen stating the reason for access. D.Nothing in this policy limits or prohibits the use of BWC data as evidence of misconduct or as a basis for discipline. E.Officers should contact their supervisors to discuss retaining and using BWC footage for training purposes. Officer objections to preserving or using certain footage for training will be considered by the chief of Police on a case‐by‐case basis. Field training officers may utilize BWC data with trainees for the purpose of providing coaching and feedback on the trainees’ performance. Study session meeting of June 12, 2023 (Item No. 2) Title: Body worn camera annual update Page 15 3/30/2021 Body-Worn Cameras Policy Page 12 Data Retention  A.All BWC data shall be retained for a minimum period of 90 days. There are no exceptions for erroneously recorded or non‐evidentiary data. B.Data documenting the following incidents must be maintained for a minimum period of one year: 1.Discharge of a firearm by a peace officer in the course of duty, other than for training or the killing of an animal that is sick, injured or dangerous. 2.The use of deadly force by a peace officer, or force of a sufficient type or degree to require a response to resistance report or supervisory review. 3.Circumstances that have given rise to a formal complaint against an officer. C.Other data having evidentiary value shall be retained for the period specified in the Records Retention Schedule. When a particular recording is subject to multiple retention periods, it shall be maintained for the longest applicable period. D.Subject to Part F (below), all other BWC footage that is classified as non‐evidentiary, becomes classified as non‐evidentiary, or is not maintained for training shall be destroyed after 90 days. E.Upon written request by a BWC data subject, the agency shall retain a recording pertaining to that subject for an additional time period requested by the subject of up to 1 year. The agency will notify the requestor at the time of the request that the data will then be destroyed unless a new written request is received. F.The department shall maintain an inventory of BWC recordings having evidentiary value. G.The department will post this policy, together with a link to its Records Retention Schedule, on its website. H.In the event that a BWC data file is inaccurately categorized by an officer, or additional information is gained that suggests a data file category should be changed, the officer shall notify their immediate supervisor of the required change(s). Study session meeting of June 12, 2023 (Item No. 2) Title: Body worn camera annual update Page 16 3/30/2021 Body-Worn Cameras Policy Page 13 Compliance  Supervisors shall monitor for compliance with this policy. Depending on the circumstances,  violations of the policy may result in coaching and counseling, oral reprimand, written  reprimand, suspension or termination. The unauthorized access to or disclosure of BWC data  may constitute misconduct and subject individuals to disciplinary action and criminal penalties  pursuant to Minn. Stat. § 13.09.  BCA Notification  Notification will be made to the MN Bureau of Criminal Apprehension within ten days of  obtaining new surveillance technology that expands the type or scope of the agency's portable  recording system.  Study session meeting of June 12, 2023 (Item No. 2) Title: Body worn camera annual update Page 17 9/15/2020 In-Car Camera Policy Page 1 City of St. Louis Park, Minnesota In-Car Camera Policy Purpose The primary purpose of using body-worn-cameras (ICCs) is to: A. Capture evidence arising from a police-citizen contact. B. Assist with accurate report writing. C. Allow for transparency and accountability in policing and protect the civil rights of the community. This policy sets forth guidelines governing the use of ICCs and administering the data that results. Compliance with these guidelines is mandatory, but it is recognized that officers must also attend to other primary duties and the safety of all concerned, sometimes in circumstances that are tense, uncertain, and rapidly evolving. Objectives The St. Louis Park Police Department has adopted the use of portable audio/video recorders to accomplish the following objectives: A. To enhance officer safety. B. To document statements and events during the course of an incident. C. To enhance the officer’s ability to document and review statements and actions for both internal reporting requirements and for courtroom preparation/presentation. D. To preserve audio and visual information for use in current and future investigations. E. To enhance the public trust by preserving factual representations of officer-citizen interactions in the form of audio-video recording. F. To promote the civility of police-civilian encounters G. To provide objective evidence to help resolve civilian complaints against police officers and the City of St. Louis Park. H. To protect the civil rights of the community. I. To assist with training and evaluation of officers. Policy It is the policy of this department to authorize and require the use of department-issued ICCs as set forth below, and to administer ICC data as provided by law. Scope This policy governs the use of ICCs in the course of official duties. The Chief of Police or the chief’s designee may supersede this policy by providing specific instructions for ICC use to Study session meeting of June 12, 2023 (Item No. 2) Title: Body worn camera annual update Page 18 9/15/2020 In-Car Camera Policy Page 2 individual officers, or providing specific instructions pertaining to particular events or classes of events, including but not limited to political rallies and demonstrations where their use might be perceived as a form of political or viewpoint-based surveillance. The chief or designee may also provide specific instructions or standard operating procedures for ICC use to officers assigned to specialized details, such as carrying out duties in courts or guarding prisoners or patients in hospitals and mental health facilities. In the event the chief does supersede policy by providing specific instructions for use, a written report will be submitted to the City Manager. Definitions The following phrases have special meanings as used in this policy: A.MGDPA or Data Practices Act refers to the Minnesota Government Data Practices Act, Minn. Stat. § 13.01, et seq. B.Records Retention Schedule refers to the General Records Retention Schedule for Minnesota Cities. C.Law enforcement-related information means information captured or available for capture by use of an ICC that has evidentiary value because it documents events with respect to a stop, arrest, search, citation, or charging decision. D.Evidentiary Value means that the information may be useful as proof in a prosecution or defense of a criminal action, related civil or administrative proceeding, further investigation of an actual or suspected criminal act, or in considering an allegation against a law enforcement agency or officer. E.General Citizen Contact means an informal encounter with a citizen that is not and does not become law enforcement-related or adversarial, and a recording of the event would not yield information relevant to an ongoing investigation. Examples include, but are not limited to, assisting a motorist with directions, summoning a tow truck, or receiving generalized concerns from a citizen about crime trends in his or her neighborhood. F.Adversarial means a law enforcement encounter with a person that becomes confrontational, during which at least one person expresses anger, resentment, or hostility toward the other, or at least one person directs toward the other verbal conduct consisting of arguing, threatening, challenging, swearing, yelling, or shouting. Encounters in which a citizen demands to be recorded or initiates recording on his or her own are deemed adversarial. G.Unintentionally recorded footage is a video recording that results from an officer’s inadvertence or neglect in operating the officer’s ICC, provided that no portion of the resulting recording has evidentiary value. Examples of unintentionally recorded footage include, but are not limited to, recordings made in station house locker rooms, restrooms, and recordings made while officers were engaged in conversations of a non-business, personal nature with the expectation that the conversation was not being recorded. Study session meeting of June 12, 2023 (Item No. 2) Title: Body worn camera annual update Page 19 9/15/2020 In-Car Camera Policy Page 3 H.Official duties, for purposes of this policy, means that the officer is on duty and performing authorized law enforcement services on behalf of this agency. Training All users of an ICC will be trained on the cameras operation and this policy prior to deploying one. Use and Documentation A. Officers may use only department-issued ICCs in the performance of official duties for this agency or when otherwise performing authorized law enforcement services as an employee of this department. B. All officers working uniform patrol, uniform special details, traffic duties, and uniform school resource officer duties shall use an ICC unless permission has been granted by a supervisor to deviate from this clause. Plain clothes investigators/officers and administrators are allowed to use ICC when interacting with citizens, when appropriate. C. Officers who have deployed an ICC shall operate and use them consistent with this policy. Officers shall conduct a function test of their ICCs at the beginning of each shift to make sure the devices are operating properly. Officers noting a malfunction during testing or at any other time shall promptly report the malfunction to the officer’s supervisor. As soon as is practical, the malfunctioning ICC shall be put down for service and the officer should deploy a vehicle with a working ICC. If an ICC malfunctions while recording or is damaged the circumstances shall be documented in a police report and a supervisor shall be notified. Supervisors shall take prompt action to address malfunctions and document the steps taken in writing. D. Officers must document ICC use and non-use as follows: 1. Whenever an officer makes a recording, the existence of the recording shall be documented in the records management system, an incident report, or a citation if completed. 2. Whenever an officer fails to record an activity that is required to be recorded under this policy or captures only a part of the activity, the officer must document the circumstances and reasons for not recording in the records management system or incident report. Supervisors shall review these reports and initiate any corrective action deemed necessary. Study session meeting of June 12, 2023 (Item No. 2) Title: Body worn camera annual update Page 20 9/15/2020 In-Car Camera Policy Page 4 General Guidelines for Recording A. This policy is not intended to describe every possible situation in which the ICC should be activated, although there are many situations where use of the ICC is appropriate. Officers should activate the ICC any time the user believes it would be appropriate or valuable to record an incident. B. Officers shall activate their ICCs when anticipating that they will be involved in, become involved in, or witness other officers of this agency involved in a pursuit, Terry frisks, a traffic stop of a motorist, an investigative stop of a pedestrian, searches, seizures, arrests, response to resistance incidents, any encounter that becomes in any way hostile, confrontational, or adversarial , and during other activities likely to yield information having evidentiary value. However, officers need not activate their cameras when it would be unsafe, impossible, or impractical to do so, but such instances of not recording when otherwise required must be documented as specified in the Use and Documentation guidelines, part (D)(2) (above). C. When it is reasonable to expect that the citizen contact will occur outside the camera’s field of view, such as in a home or building or other location distant from the patrol car, officers need not activate their ICCs if the officer is using a BWC to document the event. D. Officers have discretion to record or not record general citizen contacts. E. Officers have no affirmative duty to inform people that an ICC is being operated or that the individuals are being recorded. Officers may make an announcement that ICCs are being used. F. Once activated, the ICC should continue recording until the conclusion of the incident or encounter, or until it becomes apparent that additional recording is unlikely to capture information having evidentiary value. The supervisor having charge of a scene shall likewise direct the discontinuance of recording when further recording is unlikely to capture additional information having evidentiary value. If the recording is discontinued while an investigation, response, or incident is ongoing, officers shall state the reasons for ceasing the recording on camera before deactivating their ICC. If circumstances change, officers shall reactivate their cameras as required by this policy to capture information having evidentiary value. Any decision to discontinue recording shall be made with respect to the nine policy objectives. G. Officers shall not intentionally block the ICC’s visual recording functionality to defeat the purposes of this policy. This does not prevent an officer from temporarily blocking the visual recording during an encounter with persons who are nude or when sensitive human areas are exposed. H. Notwithstanding any other provision in this policy, officers shall not use their ICCs or any other device to record other agency personnel during non-enforcement related activities, such as during pre- and post-shift time in locker rooms, during meal breaks, or Study session meeting of June 12, 2023 (Item No. 2) Title: Body worn camera annual update Page 21 9/15/2020 In-Car Camera Policy Page 5 during other private conversations, unless recording is authorized as part of a criminal investigation. Special Guidelines for Recording Officers may, in the exercise of sound discretion, determine: A. To use their ICCs to record any police-citizen encounter if there is reason to believe the recording would potentially yield information having evidentiary value, unless such recording is otherwise expressly prohibited. In addition, B. Officers need not record persons being provided medical care unless there is reason to believe the recording would document information having evidentiary value. When responding to an apparent mental health crisis or event, ICCs shall be activated as necessary to document any response to resistance and the basis for it, and any other information having evidentiary value, but need not be activated when doing so would serve only to record symptoms or behaviors believed to be attributable to the mental health issue. C. Officers should use their BWC and ICC to record their transportation and the physical transfer of persons in their custody to hospitals, detox and mental health care facilities, juvenile detention centers, and jails, but otherwise should not record in these facilities unless the officer anticipates witnessing a criminal event or being involved in or witnessing an adversarial encounter or response to resistance incident. Downloading and Categorizing Data A. Each officer using an ICC is responsible for transferring or assuring the proper transfer of the data from their camera to the ICC server by the end of that officer’s shift. However, if the officer is involved in a shooting, in-custody death, or other law enforcement activity resulting in death or great bodily harm, a supervisor or investigator shall take custody of the officer’s ICC system and consult with their supervisor. B. Officers shall categorize the ICC data files of each video capture and should consult with a supervisor if in doubt as to the appropriate category. The selected category(ies) shall determine the retention times per the general records retention schedule established by the Minnesota Clerks and Finance Officers Association (MCFOA). C. In addition, officers shall categorize each file appropriately, in the manner specified in training, with the appropriate category to indicate the information it contains. Some data Study session meeting of June 12, 2023 (Item No. 2) Title: Body worn camera annual update Page 22 9/15/2020 In-Car Camera Policy Page 6 subjects may have rights under the MGDPA limiting disclosure of information about them. These individuals include: 1. Victims and alleged victims of criminal sexual conduct and sex trafficking. 2. Victims of child abuse or neglect. 3. Vulnerable adults who are victims of maltreatment. 4. Undercover officers. 5. Informants. 6. When the video is clearly offensive to common sensitivities. 7. Victims of and witnesses to crimes, if the victim or witness has requested not to be identified publicly. 8. Individuals who called 911, and services subscribers whose lines were used to place a call to the 911 system. 9. Mandated reporters. 10. Juvenile witnesses, if the nature of the event or activity justifies protecting the identity of the witness. 11. Juveniles who are or may be delinquent or engaged in criminal acts. 12. Individuals who make complaints about violations with respect to the use of real property. 13. Officers and employees who are the subject of a complaint related to the events captured on video. 14. Other individuals whose identities the officer believes may be legally protected from public disclosure. D. Category and flag designations may be corrected or amended based on additional information. Administering Access to ICC Data A. Data subjects. Under Minnesota law, the following are considered data subjects for purposes of administering access to ICC data: Study session meeting of June 12, 2023 (Item No. 2) Title: Body worn camera annual update Page 23 9/15/2020 In-Car Camera Policy Page 7 1. Any person or entity whose image or voice is documented in the data. 2. The officer who collected the data. 3. Any other officer whose voice or image is documented in the data, regardless of whether that officer is or can be identified by the recording. B.ICC data is presumptively private. ICC recordings are classified as private data about the data subjects unless there is a specific law that provides differently. As a result: 1. ICC data pertaining to people is presumed private, as is ICC data pertaining to businesses or other entities. 2. Some ICC data is classified as confidential (see C. below). 3. Some ICC data is classified as public (see D. below). C.Confidential data. ICC data that is collected or created as part of an active criminal investigation is confidential. This classification takes precedence over the “private” classification listed above and the “public” classifications listed below. D.Public data. The following ICC data is public: 1. Data documenting the discharge of a firearm by a peace officer in the course of duty, other than for training or the killing of an animal that is sick, injured, or dangerous. 2. Data that documents the use of force by a peace officer that results in substantial bodily harm. 3. Data that a data subject requests to be made accessible to the public, subject to redaction. Data on any data subject (other than a peace officer) who has not consented to the public release must be redacted [if practicable]. In addition, any data on undercover officers must be redacted. 4. Data that documents the final disposition of a disciplinary action against a public employee. However, if another provision of the Data Practices Act classifies data as private or otherwise not public, the data retains that other classification. For instance, data that reveals protected identities under Minn. Stat. § 13.82, subd. 17 (e.g., certain victims, witnesses, and others) should not be released even if it would otherwise fit into one of the public categories listed above. E.Access to ICC data by non-employees. Officers shall refer members of the media or public seeking access to ICC data to the administrative lieutenant or their designee, who Study session meeting of June 12, 2023 (Item No. 2) Title: Body worn camera annual update Page 24 9/15/2020 In-Car Camera Policy Page 8 shall process the request in accordance with the St. Louis Park Police Department’s applicable processes and policies and other governing laws. In particular: 1. An individual shall be allowed to review recorded ICC data about themselves and other data subjects in the recording, but access shall not be granted: a. If the data was collected or created as part of an active investigation. b. To portions of the data that the agency would otherwise be prohibited by law from disclosing to the person seeking access, such as portions that would reveal identities protected by Minn. Stat. § 13.82, subd. 17. 2. Unless the data is part of an active investigation, an individual data subject shall be provided with a copy of the recording upon request, but subject to the following guidelines on redaction: a. Data on other individuals in the recording who do not consent to the release must be redacted. b. Data that would identify undercover officers must be redacted. c. Data on other officers who are not undercover, and who are on duty and engaged in the performance of official duties, may not be redacted. F.Access by peace officers and law enforcement employees. No employee may have access to the department’s ICC data except for legitimate law enforcement or data administration purposes: 1. Officers may access, share, view and download stored ICC video only when there is a business need for doing so, including the need to defend against an allegation of misconduct or substandard performance. Officers may review video footage of an incident in which they were involved prior to preparing a report, giving a statement, or providing testimony about the incident. Officers shall not use the fact that a recording was made as a reason to write a less detailed report. 2. Personal devices shall not be used to capture, record, transfer, store or view any ICC videos, photos or other evidence. 3. Supervisors may view recordings at any time they are making inquiry into an alleged complaint, performance issue, or policy violation. 4. Agency personnel are prohibited from accessing ICC data for non-business reasons and from sharing the data for non-law enforcement related purposes, including but not limited to uploading ICC data recorded or maintained by this agency to public and social media websites. All incidents of access to ICC data are digitally logged. Study session meeting of June 12, 2023 (Item No. 2) Title: Body worn camera annual update Page 25 9/15/2020 In-Car Camera Policy Page 9 Allegations of inappropriate access to ICC data will be investigated and based on the finding, discipline may result. 5. Employees seeking access to ICC data for non-business reasons may make a request for it in the same manner as any member of the public. G.Other authorized disclosures of data. Officers may display portions of ICC footage to witnesses as necessary for purposes of investigation as allowed by Minn. Stat. § 13.82, subd. 15, as may be amended from time to time. These displays will generally be limited in order to protect against the incidental disclosure of individuals whose identities are not public. Any displays will take place at the St. Louis Park Police Department with the approval of a supervisor. Protecting against incidental disclosure could involve, for instance, showing only a portion of the video, showing only screen shots, muting the audio, or playing the audio but not displaying video. In addition, 1. An officer may request a supervisor respond to the scene and request approval for a display to take place outside the St. Louis Park Police Department. 2. ICC data may be shared with other law enforcement agencies only for legitimate law enforcement purposes that are documented in writing at the time of the disclosure. 3. ICC data shall be made available to prosecutors, courts, and other criminal justice entities as provided by law. Data Security Safeguards A. Department members shall not intentionally edit, alter, or erase any BWC recording unless otherwise expressly authorized by the Chief of Police or the Chief’s designee. B. As required by Minn. Stat. § 13.825, subd. 9, as may be amended from time to time, this agency shall obtain an independent biennial audit of its ICC program. Agency Use of Data A. To ensure compliance with this policy and to identify any performance areas in which additional training or guidance is required supervisors will review each officer’s ICC recordings during each officer’s trimester evaluation or more frequently if there is reason to do so. B. In addition, supervisors and other assigned personnel may access ICC data for the purposes of reviewing or investigating a specific incident that has given rise to a complaint or concern about officer misconduct or performance. Study session meeting of June 12, 2023 (Item No. 2) Title: Body worn camera annual update Page 26 9/15/2020 In-Car Camera Policy Page 10 C. When a video is accessed or reviewed via Evidence.com, a notation shall be entered into the “Notes” section of the screen stating the reason for access. D. Nothing in this policy limits or prohibits the use of ICC data as evidence of misconduct or as a basis for discipline. E. Officers should contact their supervisors to discuss retaining and using ICC footage for training purposes. Officer objections to preserving or using certain footage for training will be considered by the chief of Police on a case-by-case basis. Field training officers may utilize ICC data with trainees for the purpose of providing coaching and feedback on the trainees’ performance. Data Retention A. All ICC data shall be retained for a minimum period of 90 days. There are no exceptions for erroneously recorded or non-evidentiary data. B. Data documenting the following incidents must be maintained for a minimum period of one year: 1. Discharge of a firearm by a peace officer in the course of duty, other than for training or the killing of an animal that is sick, injured or dangerous. 2. The use of deadly force by a peace officer, or force of a sufficient type or degree to require a response to resistance report or supervisory review. 3. Circumstances that have given rise to a formal complaint against an officer. C. Other data having evidentiary value shall be retained for the period specified in the Records Retention Schedule. When a particular recording is subject to multiple retention periods, it shall be maintained for the longest applicable period. D. Subject to Part F (below), all other ICC footage that is classified as non-evidentiary, becomes classified as non-evidentiary, or is not maintained for training shall be destroyed after 90 days. E. Upon written request by a ICC data subject, the agency shall retain a recording pertaining to that subject for an additional time period requested by the subject of up to 1 year. The agency will notify the requestor at the time of the request that the data will then be destroyed unless a new written request is received. F. The department shall maintain an inventory of ICC recordings having evidentiary value. Study session meeting of June 12, 2023 (Item No. 2) Title: Body worn camera annual update Page 27 9/15/2020 In-Car Camera Policy Page 11 G. In the event that a ICC data file is inaccurately categorized by an officer, or additional information is gained that suggests a data file category should be changed, the officer shall notify their immediate supervisor of the required change(s). Compliance Supervisors shall monitor for compliance with this policy. Depending on the circumstances, violations of the policy may result in coaching and counseling, oral reprimand, written reprimand, suspension or termination. The unauthorized access to or disclosure of ICC data may constitute misconduct and subject individuals to disciplinary action and criminal penalties pursuant to Minn. Stat. § 13.09. Study session meeting of June 12, 2023 (Item No. 2) Title: Body worn camera annual update Page 28 E1LG15/ St.Louis Park Police De part m ent Portable Recording System Biennial A udit Execut ive Sum mary A pril 5,2023 At the request of the St.Louis Park Police De partment,LOGIS has conducted the biennial audit ofthe St.Louis Park Police Department Portable Recording System pursuant to Minnesota Statute §13 .825 Subd 9. Minnesota Statute $13.825 data elements include: •Data Classification •Retention of Data •Access by Data Subjects •Inventory of Portable Recording System Technology •Use of Agency-Issued Portable Recording Systems •Authorization to Access Data •Sharing Among Agencies •Biennial Audit •Notification to the BCA •Portable Recording System Vendor After analysis of the statutory requirements and evaluation of St.Louis Park Police Department's management and use of Portable Recording System (PRS)technology LOGIS has found the St.Louis Park Police Departm ent (SLPPD)to be in compliance with Minnesota Statute §13.825 bas ed on the following findings: P:763-5443-2600 F;763-543-2699 5750 Duluth Street,Golden Valley,MN 55422-4036 '-- WWW.LOGIS.ORG ' St.Louis Park Police Department Portable Recording System Biennial Audit April 5,2023 -Page 1 Study session meeting of June 12, 2023 (Item No. 2) Title: Body worn camera annual update Page 29 E1Li5/ Control#Statute Subd Control Testing Procedure Testing Result Objective ltem#l $13.825 Subd 2 Data collected Reviewed SLPPD Body Policy covers the process for is classified per Worn Camera Policy classification a data when statute 707.11:Downloading and entered into the PRS Categorizing Data Axon PRS configuration settings Reviewed Axon PRS data are properly applied classification configurations ltem#2 513.825 Subd 3 Retention of Reviewed SLPPD Body Policy covers the process for data Worn Camera Policy retention of data based upon 707.16:Data Retention its classification Reviewed Axon PRS data Data is retrained for a retention configurations minimum of 90 days unless otherwise classified by statute PRS is configured to retain data for specified periods based upon it's classification Item #3 §13.825 Subd 4 Access by data Reviewed SLPPD Body Policies cover the procedures subjects Worn Camera Policy for releasing data to subjects 707.12:Administering when request from the SLPPD Access to BWC Doto Custodian of Records ltem#4 513.825 Subd 5 Inventory of Reviewed SLPPD Body SLPPD maintains an inventory PRS technology Worn Camera Policy of 62 cameras,each camera is 707.7:Useand assigned to a unique member Documentation oftheSLPPD Reviewed PRS Procedures for using the PRS is configuration for camera provided thru the SLPPD Field inventory and unique Training Manual assignment to individuals p:763-543-2600 F.763-543-2699 5750 Duluth Street,Golden Valley,MN 55422-4036 WWW L0GI5.ORG St.Louis Park Police Department Portable Recording System Biennial Audit April 5,2023 -Page 2 Study session meeting of June 12, 2023 (Item No. 2) Title: Body worn camera annual update Page 30 E1LG15/ Item #5 §13.825 Subd 6 Use of agency-Reviewed SLPPD Body SLPPD has a specific policy issued devices Worn Camera Policy prohibiting personal devices 707.7:Use and from being worn by members Documentation and used for agency purpose ltem#6 513.825 Subd 7 Authorization Reviewed SLPPD Body SLPPD policy prohibits access to to access data Worn Camera Policy data unless there is a specific 707.12:Administering need to know Access to BWC Data ltem#7 §13.825 Subd 8 Sharing among Reviewed SLPPD Body SLPPD Policies includes agencies Worn Camera Policy guidance and procedures for 707.13:Access to Dato by sharing data with other Non-Employees,agencies Department Members and Other Disclosures Item #8 $13.825 Subd 9 Biennial audit Reviewed SLPPD Body SLPPD Policy indicates that a Worn Camera Policy biennial audit must be done 707.14:Doto Security pursuantto MN Statute Safeguards $913.825 ltem#9 $13.825 Subd 10 Notification to Reviewed SLPPD Body SLPPD Policy indicates that BCA the BCA Worn Camera Policy notification must occur when 707.17:Compliance new equipment is purchased that would expand the departments use of PRS Item #10 13.825 Subd 11 PRSvendor SLPPD has implemented N/A the Axon software application Evidence.com version 3.21.3 p:763-543-2600 F:763-543-2699 5750 Duluth Street,Golden Valley,MN 55422-4036 WWW L0GI5.0RG St.Louis Park Police Department Portable Recording System Biennial Audit April 5, 2023 -Page 3 Study session meeting of June 12, 2023 (Item No. 2) Title: Body worn camera annual update Page 31 E1LG15/ This executive summary is exclusively for the St.Louis Park Police Department.The findings in the Portable Recording Systems Audit are impartial and based on Information and documentation provided by the St.Louis Park Police Department and examined by LOGIS lnfonnation Security staff and management. Local Government Information Systems (LOGIS)attested this audit on April 5, 2023. Respectfully submitted to the following: Mikael Garland,Lieutenant,Administration Division Subcommittee on Data Practices Legislative Law Library p:763-543-2600 ,763-543-2699 5750 Duluth Street,Golden Valley,MN 55422-4036 WWW LOGIS.ORG St.Louis Park Police Department Portable Recording System Biennial Audit April 5,2023 -Page 4 Study session meeting of June 12, 2023 (Item No. 2) Title: Body worn camera annual update Page 32 Meeting: Study session Meeting date: June 12, 2023 Written report: 3 Executive summary Title: Annual Stormwater Pollution Prevention Program report Recommended action: This report is intended to provide the council with a summary of activities undertaken by the city in 2022 to meet the city’s Municipal Separate Storm Sewer System (MS4) permit and Stormwater Pollution Prevention Program (SWPPP) requirements. Policy consideration: None Summary: The City of St. Louis Park is permitted by the Minnesota Pollution Control Agency (MPCA) for the discharge of stormwater from the city’s storm sewer system into waters of the state, such as Minnehaha Creek. This permit is required based on an amendment to the Environmental Protection Agency’s (EPA) Clean Water Act (CWA) and the creation of the National Pollutant Discharge Elimination System (NPDES). St Louis Park, along with over 200 other Minnesota cities, are permitted as MS4 communities. Each year, as a condition of the permit, the city conducts a review of its SWPPP to determine program compliance, the appropriateness of best management practices (BMPs) and progress toward achieving the identified goals. City staff completed an annual review of the activities to ensure compliance. However, the MPCA is in the process of updating their electronic reporting platform; due to this, MS4 permittees covered by the 2020 MS4 General Permit, are not required to submit an annual report for the calendar year 2022 by June 30, 2023. When MPCA releases its new e-service submittal program, sometime in 2024, the city will report MS4 activities for the previous years (e.g., calendar years 2022 and 2023). To provide the public with opportunities to offer input on the adequacy of the SWPPP, it and the annual report are located on the city’s stormwater management webpage , along with a link to submit questions or add comments about the program. Staff also held a public open house to share the city’s stormwater program activities on April 20 at the Westwood Hills Nature Center. Financial or budget considerations: Not applicable at this time. Strategic priority consideration: St. Louis Park is committed to continue to lead in environmental stewardship. Supporting documents: Discussion 2022 SWPPP Stormwater Activity Highlights Prepared by: Erick Francis, water resources manager Reviewed by: Debra Heiser, engineering director Approved by: Kim Keller, city manager Study session meeting of June 12, 2023 (Item No. 3) Page 2 Title: Annual Stormwater Pollution Prevention Program report Discussion Background The National Pollutant Discharge Elimination System (NPDES) Municipal Separate Storm Sewer System (MS4) permit establishes conditions for discharging stormwater and other related discharges into the waters of the state. Operators of regulated small MS4s are required to design their Storm Water Pollution Prevention Program (SWPPP) to: • Reduce the discharge of pollutants to the “maximum extent practicable” (MEP) • Protect water quality • Satisfy the appropriate water quality requirements of the Clean Water Act The EPAs Phase II Rule defines a small MS4 stormwater management program as a program comprising six elements that, when implemented in concert, are expected to result in significant reductions of pollutants discharged into receiving water bodies. The SWPPP is broken out into six program elements, termed Minimum Control Measures (MCMs). These are: MCM 1 Public education and outreach Distributing educational materials and performing outreach to inform citizens about the impacts polluted stormwater runoff discharges can have on water quality. MCM 2 Public participation/ involvement Providing opportunities for citizens to participate in program development and implementation, including effectively publicizing public hearings and/or encouraging citizen representatives on a stormwater management panel. MCM3 Illicit discharge detection and elimination Developing and implementing a plan to detect and eliminate illicit discharges to the storm sewer system (includes developing a system map and informing the community about hazards associated with illegal discharges and improper disposal of waste). MCM 4 Construction site runoff control Developing, implementing, and enforcing an erosion and sedi ment control program for construction activities that disturb one or more acres of land (controls could include silt fences and temporary stormwater detention ponds). MCM 5 Post-construction runoff control Developing, implementing, and enforcing a program to address discharges of post- construction stormwater runoff from new development and redevelopment areas. Applicable controls could include preventative actions such as protecting sensitive areas (e.g., wetlands) or the use of structural BMPs. MCM 6 Pollution prevention/ good housekeeping Developing and implementing a program with the goal of preventing or reducing pollutant runoff from municipal operations. The program must include municipal staff training on pollution prevention measures and techniques (e.g., regular street sweeping, reduction in the use of pesticides or street salt, or frequent catch-basin cleaning). Implementation of the MEP standard will typically require the development and implementation of best management practices (BMPs) and the achievement of measurable goals to satisfy each of the six MCMs. Study session meeting of June 12, 2023 (Item No. 3) Page 3 Title: Annual Stormwater Pollution Prevention Program report BMPs are practices, techniques and measures that prevent or reduce water pollution from nonpoint sources by using the most effective and practicable means of achieving water quality goals. BMPs include but are not limited to, official controls, structural and nonstructural controls and operation and maintenance procedures. Each year, as a condition of the permit, the city conducts a review of its SWPPP to determine program compliance, the appropriateness of BMPs and progress toward achieving the identified goals. To achieve this, staff performs an annual review of the activities completed to ensure compliance. Updates to the MS4 annual report process The MPCA is in the process of developing a new e-service for the MS4 annual report. In addition, the MPCA is revising/ updating many annual report questions to align with the requirements in the 2020 MS4 General Permit and meet the requirements of the federal National Pollutant Discharge Elimination System (NPDES) Electronic Reporting Rule . This means MS4 permittees that have coverage under the 2020 MS4 General Permit do not need to submit an annual report for the calendar year 2022 by June 30, 2023. Instead, when the e-service is released, MS4 permittees will be expected to report MS4 activities for each previous reporting year (e.g., calendar years 2022 and 2023). The MPCA will communicate to MS4 permittees when the new e-service becomes available but tentatively anticipates the e-service will be released in 2024. SWPPP review St. Louis Park is covered by the 2020 MS4 General Permit and is therefore not required to submit an annual report for the calendar year 2022 by June 30, 2023. However, staff completed its assessment of St. Louis Park’s SWPPP to stay on top of progress. The city’s SWPPP is located on the city’s stormwater management webpage: https://www.stlouisparkmn.gov/government/departments -divisions/engineering/stormwater- management/stormwater-pollution-prevention-program-swppp The information requested by the MPCA in the report is meant to provide the basis for an assessment of the appropriateness of the BMPs and the progress that has been made toward achieving the identified goals for each of the MCMs. This assessment is based on results collected and analyzed from inspection findings and public input received during the reporting period. The city provides the public with opportunities to offer input on the adequacy of the SWPPP. In addition to providing this report to the council, staff actively promotes the stormwater management program using city publications, social media, and events, as well as having a dedicated public meeting each year, which was held at the Westwood Hills Nature Center on April 20, from 6:00 to 7:00 p.m. Staff is committed to implementing the SWPPP and maintaining a high level of compliance with our MS4 permit. This includes continuing to review and refine 1) city process to reduce pollutants from entering surface waters and 2) record-keeping procedures. The following outlines the Stormwater Pollution Prevention Program (SWPPP) Minimum Control Measure (MCM) assessment of the activities that have been completed in 2021. These MCMs are included in the Municipal Separate Storm Sewer System (MS4) permit issued by the Minnesota Pollution Control Agency (MPCA). MCM ACTIVITIES COMPLETED Installed 35 rain gardensInstalled 35 rain gard Sold 156 rain barrelsSold 156 rain barrels Adopt a storm drain: 206 participants, Adopt a storm drain: 206 participants, 387 adoptions387 adoptions Hosted 39,947 Students at Hosted 39,947 Students at Westwood Hills Nature CenterWestwood Hills Nature Center Level 4 Green Step City Level 4 Green Step City Received $16,800 in grant funding from the Received $16,800 in grant funding from the Clean Water Land & Legacy AmendmentClean Water Land & Legacy Amendment for rain garden installationfor rain garden installation Inspected ponds and lakes and storm Inspected ponds and lakes and storm sewer infrastructure sewer infrastructure 2021 MCM The following outlines the Stormwater Pollution Prevention Program (SWPPP) Minimum Control Measure (MCM) assessment of the activities that have been completed in 2021. These MCMs are included in the Municipal Separate Storm Sewer System (MS4) permit issued by the Minnesota Pollution Control Agency (MPCA). MCM ACTIVITIES COMPLETED Installed 35 rain gardensInstalled 35 rain gard Sold 156 rain barrelsSold 156 rain barrels Adopt a storm drain: 206 participants, Adopt a storm drain: 206 participants, 387 adoptions387 adoptions Hosted 39,947 Students at Hosted 39,947 Students at Westwood Hills Nature CenterWestwood Hills Nature Center Level 4 Green Step City Level 4 Green Step City Received $16,800 in grant funding from the Received $16,800 in grant funding from the Clean Water Land & Legacy AmendmentClean Water Land & Legacy Amendment for rain garden installationfor rain garden installation Inspected ponds and lakes and storm Inspected ponds and lakes and storm sewer infrastructure sewer infrastructure 2021 MCM The following outlines the Stormwater Pollution Prevention Program (SWPPP) Minimum Control Measure (MCM) assessment of the activities that have been completed in 2021. These MCMs are included in the Municipal Separate Storm Sewer System (MS4) permit issued by the Minnesota Pollution Control Agency (MPCA). MCM ACTIVITIES COMPLETED Installed 35 rain gardensInstalled 35 rain gard Sold 156 rain barrelsSold 156 rain barrels Adopt a storm drain: 206 participants, Adopt a storm drain: 206 participants, 387 adoptions387 adoptions Hosted 39,947 Students at Hosted 39,947 Students at Westwood Hills Nature CenterWestwood Hills Nature Center Level 4 Green Step City Level 4 Green Step City Received $16,800 in grant funding from the Received $16,800 in grant funding from the Clean Water Land & Legacy AmendmentClean Water Land & Legacy Amendment for rain garden installationfor rain garden installation Inspected ponds and lakes and storm Inspected ponds and lakes and storm sewer infrastructure sewer infrastructure 2021 MCM2022 MCM Installed 40 rain gardens Sold 156 rain barrels Adopt a storm drain: 260 participants, 481 adoptions Hosted 64,443 students at Westwood Hills Nature Center Level 4 Green Step City Inspected ponds and lakes and storm sewer infrastructure Received $18,600 in grant funding from the Clean Water Land & Legacy Amendment for rain garden installation The following outlines the Stormwater Pollution Prevention Program (SWPPP) Minimum Control Measure (MCM) assessment of the activities that have been completed in 2022. These MCMs are included in the Municipal Separate Storm Sewer System (MS4) permit issued by the Minnesota Pollution Control Agency (MPCA). MCM ACITIVITIES COMPLETED Study session meeting of June 12, 2023 (Item no. 3) Title: Annual stormwater pollution prevention program report Page 4 Presented to city council June 21, 2021 Presented to city council June 21, 2021 Aug. 12, 2021, open house had 14 attendeesAug. 12, 2021, open house had 14 attendees Held the Metro Blooms Held the Metro Blooms Resilient Yard WorkshopResilient Yard Workshop Maintained Maintained Oregon PondOregon Pond Replaced outfall on Replaced outfall on Powell Road Minnehaha CreekPowell Road Minnehaha Creek 1,925 miles of roads, alley swept, removed 1,925 miles of roads, alley swept, removed approx. 6,996 cubic yards of materialapprox. 6,996 cubic yards of material Performed over 400 Performed over 400 construction site inspections construction site inspections Held Turf Alternative Workshop, and Healthy Held Turf Alternative Workshop, and Healthy Soils Workshop with a total of 87 attendeesSoils Workshop with a total of 87 attendees 2021 MCM 2022 MCM Held annual open house, presented to city council, held annual rain barrel pick up event, attended the State of the City event and Ecotacular Performed over 300 construction site inspections Maintained storm sewer infrastructure Held the Metro Blooms Resilient Yard Workshop with 39 attendees Partnered with the middle school’s MN Outdoor science students on the Lamplighter Pond fish survey University of Minnesota Environmental Sciences program and their capstone projects for the Rainwater Rewards Program and the Effective Yard Waste Management 1,374 miles of streets and alleys swept with 6,478 cubic yards of material removed Study session meeting of June 12, 2023 (Item no. 3) Title: Annual stormwater pollution prevention program report Page 5Study session meeting of June 12, 2023 (Item no. 3) Title: Annual stormwater pollution prevention program report Meeting: Study session Meeting date: June 12, 2023 Written report: 4 Executive summary Title: Connected infrastructure system wrap-up Recommended action: None. Policy consideration: The purpose of this report is to summarize the outcomes of the recent discussions within the connected infrastructure system study sessions. Summary: On May 8, the council completed a series of discussions focused on advancing the city's strategic priority related to connected infrastructure. These discussions primarily focused on public policy and construction, operations, and maintenance of connected infrastructure. The study session system started on March 13, 2023. Since that time, staff has provided the council with information and there have been several policy discussions on topics related to connected infrastructure. This report serves as a summary of all the discussions and includes the council direction provided. Financial or budget considerations: Funds are budgeted in the CIP for connected infrastructure projects. The additional funds to implement the changes discussed during this system will be brought forward to council as a part of the 2024 budget discussions. Strategic priority consideration: St. Louis Park is committed to providing a variety of options for people to make their way around the city comfortably, safely and reliably. Supporting documents: Discussion Prepared by: Debra Heiser, engineering director Reviewed by: Jack Sullivan, engineering project manager Mike Okey, operations superintendent Brian Hoffman, building and energy director Jay Hall, public works director Cindy Walsh, deputy city manager Approved by: Kim Keller, city manager Study session meeting of June 12, 2023 (Item No. 4) Page 2 Title: Connected infrastructure system wrap-up Discussion Background This system included study sessions covering a range of topics relating to connected infrastructure. Topics were grouped, and each meeting built on the previous discussion and had self-contained outcomes based on various policy and practice questions. Reports on these topics were considered and discussed by the city council and, where appropriate, direction on future expectations and outcomes was provided to staff for implementation. A summary of the topics covered in this system includes: Discussion: Connected infrastructure system introduction Date: 3/13/2023 Overview: Staff introduced the system, including an overview of the connected infrastructure capital planning process and guiding documents. The proposed topics included in the system all center on connected infrastructure policy and provide opportunities to consider how connected infrastructure is planned for, constructed and maintained in the city. The topics examined current programs and offered opportunities, identified by both council and staff, for expansion or adjustment where applicable. Outcomes of the discussion: The council generally approved of the topics included in the system. Discussion: Winter parking restrictions Date: 3/20/23 Overview: We are seeing higher-than-average snow totals and more frequent snow events. According to the MnDNR's climate data of the top 20 snow total years, six (6) have occurred since 2000. Last winter is the fourth time since the 2010-2011 winter that the city has implemented winter parking restrictions. The streets where staff posts these restrictions are mostly the same each time the restrictions are implemented. Due to the amount of effort it takes to implement these restrictions, staff has been considering ways to adapt efforts to promote climate resilience. Outcomes of the discussion: The council supported Option 2: Studying the impacts of installing permanent signage. The next steps will be: • Analyze the street network to identify potential streets to sign, along with recommended time period. Metrics such as street width, available off-street parking, existing on-street parking restrictions, surrounding land use, snow emergency parking exemptions and demographics, will be used. • Develop a more refined cost estimate, along with potential funding, implementation, and communication strategies. • Consult the attorney to understand if city code changes are needed to implement. This topic will be brought back to council for consideration on applicable items. Study session meeting of June 12, 2023 (Item No. 4) Page 3 Title: Connected infrastructure system wrap-up Report: Snow emergency exempt parking streets Date: 3/20/23 Overview: City code allows the city manager or designee to establish a list of public streets which are not subject to the snow emergency parking ban. The exempted streets will generally be high-density residential streets without or very limited off-street parking. During the 2022-2023 snow season, public works staff observed the parking usage in these areas during snow emergencies to understand if there is a need to have the exemptions remain in place. In addition, staff has reviewed the city's snow removal practice and how it aligns with streets currently designated with exempt parking status. Based on this review, staff shared recommended updates to the streets designated as exempt. Outcomes: The council was supportive of staff's recommendation to update the city process for identifying snow emergency exempt parking streets for plowing to be consistent with city code. Prior to the 2023-2024 snow season, the next steps will be: • The snow emergency exempt list will be updated to reflect the changes on the approved map. • Information will be shared with the residents along these streets about the changes. • A council action will be brought forward to rescind the current resolution. Moving forward, this list will be managed by the public works director. Annual reviews will still be conducted to ensure that the list reflects new on-street parking restrictions and land use changes that have been approved by council and are in conflict. Report: Status of items from last year Date: 4/3/23 Overview: This report provided the council with an update on topics/initiatives discussed with council during the 2022 connected infrastructure council discussions. Council direction on the following items resulted in requests for funding in the 2023 budget. Although council supported these items, they were not included in the 2023 budget. Prior to bringing them forward for consideration in the 2024 Capital Improvement Plan (CIP) budget process , staff wanted to check in with the council to see if they still supported the work . The estimated costs for the items are as follows: 2024 Budget/ CIP Cost Ongoing capital costs* Bollard protected bikeways $65,000 $70,000 Wayfinding (signal cabinet wraps) $15,000 Bicycle and Pedestrian Counts $350,000 Municipal parking lots $50,000 Total $421,500 $70,000 *Every six (6) years as bollards need to be replaced An update on the Comprehensive safety action plan was provided as well. The cost is estimated to be $200,000. The re are no additional funds needed for this. The city will receive 80% of the Study session meeting of June 12, 2023 (Item No. 4) Page 4 Title: Connected infrastructure system wrap-up funding, or $160,000, as a federal grant. The remaining $40,000 will be paid for using the 2023 engineering operating budget. Outcomes: Staff will submit requests for funding these items as a part of the 2024 budget discussions. Final determination as to whether they will be recommended as part of the proposed 2024 budget is pending. Report: Watermain vulnerability assessment update Date: 4/03/23 Overview: This report provided an update on the i nitiatives that staff has been working on to better understand the condition of the watermain and plan for replacement. Outcomes: There are three initiatives that staff has been working on: • Minnetonka Boulevard watermain break evaluation – this is complete. • Assess citywide vulnerabilities – a study will be completed in late 2023. The information provided in the study will be used to inform the 10-year CIP starting in 2025. • Watermain pipe inspection pilot project – this work is scheduled to be completed on June 9, with a report of the findings by the end of June. Report: No truck signage Date: 4/03/23 Overview: The report provided the council background on three local street segments that have been designated “No Trucks” by council resolution. The signs prohibit the operation of all trucks on these roads, including trucks that may have a purpose to drive on the s treet for delivery. Staff has investigated the history of these restrictions on these road segments and recommends that they be removed. Outcomes: Council generally supported staff's recommendation. Staff will work on the following steps to implement this recommendation: • Information will be shared with the residents along the following streets , informing them about the change. o Vernon Avenue, north of Minnetonka Boulevard o 27th Street between Utica Avenue and Vernon Avenue • Council actions will be brought forward to rescind the current resolutions for: o Vernon Avenue, north of Minnetonka Boulevard o 27th Street between Utica Avenue and Vernon Avenue o Princeton Avenue between Old Cedar Lake Road and 16th Street • “No Truck” signage on Vernon Avenue a nd 27th Street will be removed. Report: Minnehaha Greenway – Cedar Lake regional trail connection Date: 4/10/23 Overview: This report shared information on the proposed trail connection that connects Meadowbrook Road to the Cedar Lake Regional Trail and Minnehaha Creek Watershed District's (MCWD) application for Hennepin County’s Transit Orientated Development grant. Outcomes: Staff will continue to work with MCWD over the coming months to develop preliminary design plans for the Minnehaha Greenway trail connection. If MCWD is successful with receiving grant funding from Hennepin County, they have asked the city to move the Study session meeting of June 12, 2023 (Item No. 4) Page 5 Title: Connected infrastructure system wrap-up project up in the CIP for construction in 2025. Staff will update the council after Hennepin County's Transit Orientated Development awarded grants are identified later this summer. Discussion: Public sewer and water utilities protection program Date: 4/10/23 Overview: This discussion was regarding the implementation of two programs that protect aspects of utility infrastructure by: 1. Reducing the potential for sewer backups by limiting fats, oils and grease (FOG) generated by food service businesses from entering sanitary sewer lines; and 2. Testing of water backflow devices to verify they are operational in preventing public water supply contamination from private building processes. Outcomes: The council provided staff direction that they continue to support the implementation of these programs. Staff will move forward with the ordinance to establish these programs and associated fees. The programs would ideally become effective in January 2024 to coincide with licensing renewals. Discussion: Bulk material containers in the right of way Date: 4/10/23 Overview: City code was changed in 2003 to prohibit bulk material containers from being placed in the right of way. Due to this, property owners are required to put them on their property. Staff has received feedback that this code does not meet community needs. There are parcels in the city that do not have space to pl ace bulk material containers on private land. Due to this, staff wanted to discuss potential options to allow bulk material containers in the right of way. Outcomes: The majority of the council provided staff direction that they would support allowing bulk material containers in right of way, under certain circumstances. In addition, the council expressed concern regarding soft-sided material containers in the right of way, duration, seasonality and potential damage to the street . Over the coming year, the following steps will be completed: • Staff from engineering, fire, police, public works and building and energy will begin the process of analyzing the conditions under which bulk material containers would be allowed in the right of way. • A draft policy will be developed, along with costs and implementation. • The attorney will be consulted to understand the city code changes that would be needed to implement. This information will be brought back to council for review and consideration. Discussion: Semi-truck parking restrictions Date: 4/17/23 Overview: Staff provided the council background on semi-truck parking and shared the impact of current regulations. The goal of this discussion was to determine if the council would like to take a systems approach to on-street semi-truck parking. Study session meeting of June 12, 2023 (Item No. 4) Page 6 Title: Connected infrastructure system wrap-up Outcomes of the discussion: The majority of the council indicated that they are not ready to ban on-street semi-truck parking in the city. They would like to better understand where and how semi-trucks might be accommodated in the community. To understand this, staff will complete the following steps: • Engage truck drivers: There is a desire to better understand the needs of the truck drivers who are St. Louis Park residents and how current on-street semi-truck restrictions are impacting them. • Reach out to property owners with larger under-utilized parking lots to see if they are interested in allowing trucks to park there. • Staff from engineering, fire, police and public works will begin the process of reviewing the city’s street network. Determining the location and conditions under which trucks would be allowed unrestricted access to park on the street. This information can be brought back to council for review and consideration during the next Connected infrastructure study session system. Report: Speed limit update - Utica Avenue south of Westside Drive Date: 5/8/23 Overview: During the citywide speed limit implementation process that occurred in 2021, the original recommendation was to lower the speed limit on Utica Avenue from 30 mph to 25 mph. However, after an in-depth review of the available speed data, the speed limit for this segment of roadway was recommended to remain at 30 mph due to the higher speed data that was available. Data collected in 2018-2020 indicated average speeds ranged from 5 to 15 mph above the posted 30 mph speed limit. During the May 24, 2021 study session, the council expressed concerns regarding these high speeds on Utica Avenue and requested that staff complete additional analysis. Outcomes: Staff completed this additional analysis and determined that the posted speed limit of 30 mph on Utica Avenue south of Westside Drive is appropriate. The average speed is within 5 mph of the posted speed; due to this, there are no interim traffic management measures to influence driver speed that staff would recommend. Staff will re-evaluate Utica Avenue with the larger citywide speed limit review that was recommended to be completed within three years of implementation. Report: CP rail regional trail – Golden Valley and St. Louis Park Date: 5/8/23 Overview: Three Rivers Park District‘s Canadian Pacific (CP) rail regional trail is a planned 21- mile regional trail corridor that traverses six communities in Hennepin County – Bloomington, Edina, St. Louis Park, Golden Valley, New Hope and Crystal. This corridor is broken into four segments. The master plan for segment A in Bloomington was recently completed. Three Rivers Park District is kicking off a planning study for the CP rail regional trail Segment C in St. Louis Park and Golden Valley. Their six-month study of the trail corridor will include input from city staff, the Park and Recreation Advisory Commission and community members through numerous public engagement events. Study session meeting of June 12, 2023 (Item No. 4) Page 7 Title: Connected infrastructure system wrap-up The final master plan for the segment in St. Louis Park is expected to be completed at the end of the year and have an official public comment period in January 2024. Three Rivers Park District will present the final plan to the council in the spring of 2024 for review and support. Outcomes: Staff will continue to work with Three Rivers Park District in the planning process to identify and study alternative routes for the regional trail through St. Louis Park. Discussion: New sidewalk construction planning Date: 5/8/23 Overview: Staff recommends that the city take a consistent approach to identifying sidewalks to be evaluated as a part of transportation projects. The New sidewalk planning framework was developed to lay out how staff will identify the location of new sidewalk segments to be evaluated for construction. Inclusion at the planning stage in the process does not predetermine final recommendations. The decision on whether to construct proposed sidewalk segments will be made by the city council as a part of the project approval process. Outcomes of the discussion: In general, the council was supportive of using the framework to plan for new sidewalks. Staff will add the additional sidewalk cost to the 10-year CIP for discussion during the 2024 budget/CIP process. Report: A systems approach to public streetlights Date: 5/8/23 Overview: This report provided additional background information on current practices and outlined staff’s recommendation for a systems approach to public street lighting. Outcomes: In general, the council was supportive of staff’s recommendation. Moving forward, staff will update its procedures and begin the analysis to identify gaps in the streetlighting grid. Through future budgeting processes, staff and council will work together on an implementation plan that balances community needs with the availability of capital funds.