AN ORDINANCE REGULATING
REQUESTS FOR LAW ENFORCEMENT BODY
CAMERA RECORDINGS FOR THE COUNTY OF WELLS,
STATE OF INDIANA
Ordinance No. 2022-18
WHEREAS, the Wells County Board of Commissioners of Wells County, Indiana (the “Board”), is responsible for the performance of various functions for the Wells County, Indiana (the “County”); and
WHEREAS, the Wells County Sheriffs Office (the “office” or “agency”) is responsible for maintaining law and order, through the enforcement of various laws prescribed by the State of Indiana and the County; and
WHEREAS, as part of maintaining a law enforcement system for the County, various officers regularly wear department issued body cameras, as part of their job duties and responsibilities, as set forth, from time to time, by the Wells County Sheriff (the “Sheriff’); and
WHEREAS, the duly-elected Sheriff has the power, in their sole and absolute discretion, to promulgate, modify, and otherwise enforce various rules concerning the wearing of department issued body cameras.
NOW, THEREFORE, BE IT ORDAINED by the Board of Commissioners for Wells County, Indiana, that this Ordinance Regulating Requests for Law Enforcement Body Camera Recordings for the County of Wells, State of Indiana, is hereby adopted as follows:
SECTION I.
1. For purposes of this Ordinance, a “Law Enforcement Activity” means:
(A) A traffic stop;
(B) A pedestrian stop;
(C) An arrest;
(D) A search;
(E) An investigation;
(F) A pursuit;
(G) Crowd control;
(H) Traffic control; or
(I) Any other instance in which a law enforcement officer is enforcing the law.
The term “Law Enforcement Activity” does not include an administrative activity, including the completion of paperwork related to a law enforcement activity, or a custodial interrogation conducted in a place of detention as described in Indiana Evidence Rule 617, regardless of the ultimate admissibility of a statement made during the custodial interrogation.
2. For purposes of this Ordinance, a “Law Enforcement Recording” shall mean an audio, visual or audiovisual recording of a law enforcement activity captured by a camera or other device that is:
(A) Provided to or used by a law enforcement officer in the scope of the officer’s duties; and
(B) Designed to be worn by a law enforcement officer or attached to the vehicle or transportation of a law enforcement officer.
3. Law Enforcement Recordings. Should the Sheriff decide to require the use of department issued body cameras, in their sole and absolute discretion, any law enforcement recording, for which disclosure is not otherwise prohibited pursuant to state or federal law, or any duly-enacted ordinance by the County, is subject to inspection during the regular business hours of the Department, if a formal request is made and said request:
(A) Identifies with reasonable particularity the record being requested.
(i) A request identifies a law enforcement recording with reasonable particularity only if it includes:
(a) The date and approximate time of the law enforcement activity.
(b) The specific location where the law enforcement activity occurred.
(c) The name of at least one (1) individual, other than the law enforcement officer, who was directly involved in the law enforcement activity.
(B) Is in writing, on a form provided by the Department.
4. Timeframe for Inspection. Within Twenty-One (21) days following a formal request being made, the Department shall either:
(A) Provide the requested copies of the law enforcement recording to the person making the request; or
(B) Allow the person to make copies:
(i) On the agency’s equipment; or
(ii) On the person’s own equipment.
5. Exceptions to Disclosure. Notwithstanding anything else set forth in this Ordinance, all of those exceptions stated in Ind. Code§ 5-14-3-4 or elsewhere provided under state and federal law, apply to any disclosure requested under this Ordinance.
(A) Before disclosing any law enforcement recording, the agency must comply with the obscuring requirements as set forth in Ind. Code§ 5-14-3 et seq.
6. Retention of Unobscured Recording. The Department shall retain an unaltered, unobscured law enforcement recording for at least One Hundred and Ninety (190) days after the date of recording, pursuant to Ind. Code§ 5-14-3-5.3, subject to those exceptions set forth in Ind. Code§ 5-14-3-5.3(c) and (d).
7. Required Fee. The Fee for the agency providing a duplicate of a law enforcement recording shall be Fifty Dollars ($50.00) for videos shorter than thirty (30) minutes, One Hundred Dollars ($100.00) for videos between thirty (30) minutes and sixty (60) minutes, and One Hundred and Fifty Dollars ($150.00) for videos longer than sixty (60) minutes. The Fee collected under this Paragraph for the copying of a law enforcement recording shall be:
(A) Payable to the County Auditor’s Office, and used without appropriation for one
(1) or more of the following purposes:
(i) To purchase cameras and other equipment for use in connection with the Department’s law enforcement recording program.
(ii) For training concerning law enforcement recordings.
(iii) To defray the expenses of storing, producing, and copying law enforcement recordings.
Money from a fee described in this Ordinance does not revert to the local general fund at the end of the fiscal year. Money from a fee described in this Ordinance shall be deposited into the Body Camera Recording Fee Fund which is hereby created.
SECTION II.
Effective Date
1. This Ordinance shall become effective thirty (30) days after notice of the adoption shall have been published in a paper as described in Indiana Code§ 5-3-1-4.
IN WITNESS WHEREOF, we have hereunto set our hands this 1st day of August, 2022.
BOARD OF COMMISSIONERS
OF WELLS COUNTY,
INDIANA.
Michael K. Vanover, President
Blake Gerber, Vice-President
Jeffery D. Stringer, Member
ATTEST:
Lisa McCormick, Auditor
This instrument was prepared by the Wells County Attorney, Colin Z. Andrews, Attorney No. 26767-49, 116 South Main St., Bluffton, IN 46714. I affirm, under penalties for perjury, that I have taken reasonable care to redact each Social Security number in this document, unless required by law. Colin Z. Andrews
oj, nb 8/11
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