4-501 Confidential Department Records, Reports and Info
- Summary: Defines procedures for handling confidential department records.
- Effective Date: 05-03-2020
Policy
- Numerous official files, documents, records, reports and information held by the MPD or in the custody or control of MPD employees are regarded as non-public or confidential.
- Employees shall not access, disclose or permit the disclosure or use of such files, documents, reports, records, or information except as required in the performance of their official duties and consistent with State and Federal law related to data practices, such as the Driver’s Privacy Protection Act at 18 U.S.C. § 2721, et seq., the Minnesota Government Data Practices Act, and Chapter 171 of the Minnesota Statutes, for example Minnesota Statutes section 171.07 subd. 1a which strictly limits the use of driver’s license photographs.
- If an employee is uncertain of the status of any document, the employee should consult with the supervisor of the Records Information unit.
- Employees shall only access Department of Motor Vehicle (DMV) records for official business-related reasons.
- The identity of a juvenile suspect or arrestee can only be released with an order from a Hennepin County Juvenile Court Judge.
4-502 Security of Reports
- Summary: Sets requirements for securing police reports and limiting access.
- Effective Date: 11-15-2013
Policy
Only MPD personnel conducting official police business shall be admitted to the Transcription Unit. Persons other than assigned personnel shall not be allowed into the Records Information Unit without permission of Records Information Unit staff.
4-503 Access to Criminal Records
- Summary: Establishes guidelines for accessing criminal records and public information.
- Effective Date: 01-23-2014
Policy
Law enforcement officers, with proper identification and on a need-to-know basis, may inspect criminal records in their entirety. Other persons, including the news media, may inspect arrest records and other available public information in accordance with data practices guidelines. A crime summary and access to the public information terminal is available during normal business hours. Charges for copies of public information reports will be in accordance with established guidelines.
4-503.01 Access to Criminal History Checks
- Summary: Outlines procedures for conducting criminal history checks.
- Effective Date: 11-15-2013
Policy
Employees conducting criminal history checks shall disclose restricted or privileged information and data in accordance with established data practices and other statutes governing such disclosure. Any MPD case supplements or summaries should include the following information regarding criminal history data:
- Purpose of the investigation and reason for the criminal history check;
- Identity of the source of the data or information; and
- Disposition of criminal history data.
4-504 Legal Process Involving the Production or Inspect
- Summary: Covers compliance with legal requests for police records.
- Effective Date: 01-23-2014
Policy
The supervisors of the Records Information and Property and Evidence Units are responsible for coordinating activities concerning the production or inspection of criminal evidence or records in court as required by legal process. In any case involving criminal evidence or other records in custody of other divisions, the supervisors shall:
- In criminal matters, confer with the appropriate prosecuting attorney if there are doubts about confidentiality.
- In civil matters, determine the confidentiality of the items requested. If in doubt, contact the City Attorney’s Office for advice.
- Arrange for transportation of records or criminal evidence to court when compliance is ordered or deemed advisable.
4-505 Inspection of Records and Reports by the Media or Public
- Summary: Defines public and media access to police records.
- Effective Date: 01-23-2014
Policy
Members of the news media and the public may inspect police records as allowed by law. These records are available only during regular business hours in the Records Information Unit. Certain reports may be photocopied and charged for in accordance with established guidelines.
4-505.01 Use of Victim Photographs/Videos
- Summary: Sets limits on releasing photographs and videos of victims.
- Effective Date: 11-15-2013
Policy
Photographs and videos that are part of an active case investigation are not public and shall not be released to any individual or agency. Photographs and videos, which are part of an inactive case investigation involving one or more of the following situations, are private and may not be released to any individual or agency except as provided by state law:
- Sexual assault victim
- Child abuse victim
- Juvenile
- Depiction of images which are clearly offensive to the common sensibility
- Police personnel involved in inter-departmental or intra-departmental instruction on law enforcement-related issues who desire use of photographs or videos involving the above situations shall obtain permission from the bureau head in charge of the case. In all cases, the identity of the subjects of such photographs or videos shall be concealed. Employees shall not use photographs or videos for private purposes or enterprises. (11/15/13)
In addition, photographs and videos that reveal the identity of any of the following individuals is private and shall not be released to any individual or agency:
- Undercover law enforcement personnel;
- Paid or unpaid informants; and/or
- Victim or witness of a crime, if the victim/witness specifically requests that their identity not be revealed, and it has reasonably been determined by the agency that the release of such information may in fact pose a risk of threat to the victim or individual.
4-506 Openness in Government
- Summary: Addresses public access to MPD policies and government transparency.
- Effective Date: 11-15-2013
Policy
Public disclosure of policies and openness in matters of public interest shall be afforded to the public consistent with current data privacy laws. All MPD personnel shall safeguard the legal rights of the individual while maintaining the public's right to know. Any questions or concerns related to the release of data should be referred to the MPD Data Practice Specialist or the supervisor of the Records Information Unit.
4-507 Department Personnel Records
- Summary: Defines procedures for maintaining and accessing personnel records.
- Effective Date: 06-21-2002
Policy
MPD Human Resources maintains a personnel file on all MPD employees. Each personnel file is divided into six categories containing the following information:
- The Employment Section contains the employee's Civil Service certification including promotions, suspensions, information regarding disciplinary actions against the employee, and personal data such as home address and phone.
- The Assignment Section contains a record of the employee's assignment during their career with the MPD.
- The Commendations Section contains a record of any awards received by the employee during their career with the MPD.
- The Training Section contains the employee's training records.
- The Medical Section contains medical information about the employee such as sick leave, injury reports, and physician(s) reports.
- The Performance Section contains copies of the employee's performance evaluations.
Any supervisor or Commander is allowed access to an employee's personnel file. All employees are allowed access to their own personnel file.
All data practices requests shall be handled in accordance with the Minnesota Government Data Practices Act (MGDPA).
Definitions
- Informant: People who give information to another, including Confidential Informant, and Confidential Reliable Informant
- Investigation: A structured process of gathering, examining, and evaluating facts and evidence to determine what occurred, assess compliance with laws and policies, and support appropriate actions or decisions.
- Juvenile: An individual who is under the age of eighteen (18) years.
- Media Affiliate: Media means any person who is an employee, agent, or independent contractor of any newspaper, magazine or other periodical, book publisher, news agency, wire service, radio or television station or network, cable or satellite station or network, or audio or audiovisual production company, or any entity that is in the regular business of news gathering and disseminating news or information to the public by any means, including, but not limited to, print, broadcast, photographic, mechanical, internet, or electronic distribution. For purposes of this policy, the following are indicia of being a member of the media: visual identification as a member of the press, such as by displaying a professional or authorized press pass or wearing a professional or authorized press badge or some distinctive clothing that identifies the wearer as a member of the press.
- Sexual Assault: Sexual contact or penetration with another person in a criminal manner as identified in MN Statute sections 609.342 to 609.3451.
- Training Records: Job-related training documentation received throughout an employee's career including, but not limited to, in-service training, firearms training, unit specific training, seminars/workshops, courses which are law enforcement related or for development of administrative, managerial or leadership skills taken at accredited colleges/universities.