Worcester Bodycam Policy Left Out Key ACLU Recommendations

WORCESTER, MA — A long-awaited Worcester police body camera program could begin this month, which means almost every officer in the city will be able to record video and audio of almost all interactions with the public.

In turn, the department has created a policy governing where and how officers can record audio and video of the public. The policy was created by police and city officials, but was also sent to the American Civil Liberties Union of Massachusetts for review.

In a document sent to police officials, members of the ACLU of Massachusetts Technology for Liberty program provided five recommended changes to the city's policy. But police only ended up adopting one of the ACLU's recommendations. According to the ACLU, the suggestions included:

• Officers should not be allowed to review bodycam footage of "an incident involving the officer before the officer is required to make a statement about the incident" — which mirrors advice issued by a state bodycam task force
• Requiring police to get warrants to review bodycam footage for "investigatory purposes unrelated to the original incident" — an issue the state Supreme Judicial Court has previously ruled on
• That the circumstances of using or not using bodycams should be included in police reports — for example, if a person requested not to be recorded, that should be in the report
• Police should always notify people they are subject to audio recording due to the state's so-called "wiretapping law" that prevents recording without notification of all the parties

Worcester Police Chief Steven Sargent and Lt. Sean Murtha appeared at Tuesday's city council meeting to answer questions about the policy ahead of the start of the bodycam program on Feb. 27. The ACLU's recommendations were not shared with either councilors or the public ahead of that discussion.

The ACLU's review of the policy was highlighted by Sargent and City Manager Eric Batista in memos to city council, but did not include information about what recommendations the city used in the final policy.

"While the ACLU does not endorse body camera policy, they did review and offer their input on the policy as requested by your honorable body," Sargent's memo said. "The policy has been shared and discussed with the entire police department with a high level of detail."

Murtha did not immediately respond to a request for comment about why the ACLU recommendations were not included. He did address some of them at Tuesday's council meeting.

For "level 4" use-of-force incidents and higher — things like using a Taser, firing or pointing a gun, or using a baton — Worcester officers will be required to write a report before they can watch bodycam video of the incident, Murtha said. But the policy says officers can review footage before giving statements to the Bureau of Professional Standards, an internal police group that conducts investigations into everything from corruption to rudeness.

Murtha also said the wiretapping statute wouldn't apply because the cameras are broadly visible.

"[The statute] involves secretly recording. The cameras are not secretly recording, they're open on the officers chest," he said. "That said, we do have a recommendation that officers let people know they're on camera. It's not a mandate, it's a recommendation."

One recommendation made by the ACLU about adding a section on public records was included in the Worcester policy. The city is planning to hire two new people to review bodycam videos related to public records requests.

Worcester conducted a test of body cameras in 2019, but it wasn't until 2020 — in the wake of George Floyd's murder — that movement on equipping all officers with bodycams got moving.

The Worcester City Council in May 2022 approved the purchase of about 300 bodycams and Tasers for just under $4 million from Seattle-based Axon. Prior to the purchase, the city's Human Rights Commission held a series of public hearings in 2021 to get feedback on bodycams, and information from those sessions helped form the department's policy.

The police department unions also had input on the policy. At Tuesday's council meeting, Sgt. Richard Cipro, who leads the department's ranking officer's union, said the city still needed to bargain with the police union because they feel bodycams are a change in working conditions. The union supports bodycams, Cipro said, but wants the city at the bargaining table over their use.

"We are willing, able and ready to do that," Cipro said.

Here's the full bodycam policy as presented to city councilors on Feb. 7: