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Records Management Program <[log in to unmask]>
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Mark Walsh <[log in to unmask]>
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Fri, 3 Dec 2004 11:03:57 -0500
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Records Management Program <[log in to unmask]>
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From Visually-pleasing Virginia to Wonderful Wyoming:

Rich -

Our general schedule for Local Law Enforcement agencies has two relevant
series.  They read as follows:

(GS-17, Series 100796)
Recordings, Surveillance or Monitoring - Not Used as Evidence
This series documents the surveillance of an area and the actions of
police, suspects and bystanders by use of audio or video recordings.
Includes area surveillance and in-car monitoring of officers.

 Retain 60 days after recording, then reuse or destroy. Disposal
reporting on Certificate of Records Disposal (RM-3 form) not required.

(GS-17, Series 100797)
Recordings, Surveillance or Monitoring - Retained as Evidence
This series documents the surveillance of an area and the actions of
police, suspects and bystanders by use of audio and video recordings.
Includes area surveillance and in-car monitoring of officers.

Retain 3 years or until case resolved or evidence released, whichever is
longer; then destroy in compliance with No. 8 on schedule cover page.

The series entries can be viewed at
http://www.lva.lib.va.us/whatwedo/records/sched_local/gs-17.htm

Hope this helps.

Cheers!

Mark


G. Mark Walsh, C.A.
Records & Information Analyst
Records Management and Imaging Services
Library of Virginia
(804) 692-3650

-----Original Message-----
From: Records Management Program [mailto:[log in to unmask]] On
Behalf Of Rich Wilson
Sent: Friday, December 03, 2004 10:45 AM
To: [log in to unmask]
Subject: Retention of in-car video tapes for Law Enforcement (LE)

Greetings from Wonderful Wyoming,

I have a question I trust you could help me with. A few of our LE
agencies are installing in-car videos. We are trying to get some
standardized language for the retention of video tapes use in patrol
vehicles.

The video recording documents each traffic stop conducted by the
department's officers. The recordings are used in court as evidence of
traffic stops and other encounters with the public. They may also be
used for officer training and to review officer actions in cases where
the officer and the department are accused of inappropriate actions.

Our recommended language is: "In cases where citations or criminal
charges are captured, retain until all court proceedings have been
completed, then recycle or destroy video as appropriate. In cases where
civil litigation may be indicated, retain 5 years after the traffic
stop, then recycle or destroy video as appropriate. In cases where the
video is reviewed and deemed  not to contain either of the above, retain
90 days after the traffic stop, then recycle or destroy video as
appropriate."

My question is: Have any of you had to deal with this issue? If so,
could you share your thoughts and recommendations with me? We have two
conflicting issues, cost of tapes and storage vs. the likelihood of
litigation. I would appreciate your wisdom as we wrestle with this.

Thank you,

Rich Wilson, MCP
Records Management Supervisor
Governmental Records
2301 Central Ave
Cheyenne, WY 82002-0001
Phone: 307-777-5586  Fax: 307-777-7044

E-Mail to and from me, in connection with the transaction of public
business, is subject to the Wyoming Public Records Act and may be
disclosed to third parties.

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