RESOLUTION NO. RS2010-1337

A resolution authorizing the Metropolitan Council Public Safety Committee to conduct an investigation regarding the loss of in-car camera video footage for approximately 1,600 police traffic stops.

WHEREAS, in May 2010, a vendor for the Metropolitan Nashville Police Department (MNPD), ICOP Digital, Inc., performed a remote software update to the MNPD’s in-car camera system that apparently resulted in the deletion of approximately 1,600 recorded traffic stops; and

WHEREAS, MNPD currently uses 12 video units manufactured by ICOP Digital to record traffic stops on a hard drive in the car, which are then uploaded to a computer server located at the MNPD headquarters; and

WHEREAS, the purpose of the in-car camera system is to provide visual and audio documentation of the traffic stops, especially those involving suspected DUI offenders, that can be submitted as evidence in court; and

WHEREAS, the loss of this video footage will likely have an impact on the District Attorney’s ability to effectively prosecute DUI cases, which could result in a substantial risk to the safety of our citizens if DUI offenders are allowed to remain on the road; and

WHEREAS, Section 3.06 of the Charter of the Metropolitan Government of Nashville and Davidson County authorizes the Metropolitan Council, in aid of its legislative functions, and when passed by a resolution approved by a three-fourths majority of its entire membership, to conduct investigations by the whole Council or any of its committees; and

WHEREAS, Section 18.10 of the Metropolitan Charter further authorizes the Council to compel the attendance of witnesses and the production of books, papers and records pertinent to an investigation or hearing, and to administer oaths to witnesses; and

WHEREAS, it is fitting and proper that the Council Public Safety Committee conduct a formal investigation of the occurrences surrounding the deletion of the traffic stop video footage that occurred in May 2010.

NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE METROPOLITAN GOVERNMENT OF NASHVILLE AND DAVIDSON COUNTY:

Section 1. Pursuant to Section 3.06 of the Metropolitan Charter, the Metropolitan County Council hereby authorizes the Metropolitan Council Public Safety-Beer and Regulated Beverages Committee to conduct a formal investigation of the occurrences and events surrounding the May 2010 deletion of the MNPD in-car camera video footage of approximately 1,600 police traffic stops.

Section 2. The Metropolitan Council Public Safety-Beer and Regulated Beverages Committee is hereby authorized to hold hearings, to compel the attendance of witnesses, the production of books, papers and records pertinent to the investigation authorized in Section 1 of this Resolution, to administer oaths to witnesses, and all such powers granted under Section 18.10 of the Metropolitan Charter. Upon completion of the investigation, the Public Safety-Beer and Regulated Beverages Committee shall make a report of its findings to the full Council, and shall make such recommendations to the Council as they deem necessary.

Section 3. In accordance with Rule 6 of the Council Rules of Procedure, the Vice Mayor is requested to temporarily appoint additional Members of Council to the Public Safety-Beer and Regulated Beverages Committee as necessary for the purpose of conducting the investigation established pursuant to this Resolution.

Section 4. The Metropolitan Clerk is directed to send a copy of this Resolution to Vice Mayor Diane Neighbors, and to the chair of the Public Safety-Beer and Regulated Beverages Committee.

Section 5. That this Resolution shall take effect from and after its adoption, the welfare of The Metropolitan Government of Nashville and Davidson County requiring it.

Sponsored by: Charlie Tygard, Michael Craddock