01.18.22 Regular Meeting - Laserfiche WebLink

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City Council Meeting Minutes January 18, 2022 footage. Chief Standridge stated the city attorney provided legal counsel regarding this matter. Chief Standridge explained the governing statue of the Occupational Code, Section 17.01 state law has numerous reasons why a video can and can't be released. He stated there are provisions that prohibit the release of video. Chief Standridge stated the police department can release a video if it is determined to be in the best interest of the community. He stated the department does not release videos prior to grand jury review. The San Marcos Police Department does not want to jeopardize the accused or hurt the prosecution for purpose to exhibit the victim. Chief Standridge explained the process of the Hays County District Attorney Office that summons grand juries twice a year. He stated the explanation is relevant to council because 9 jurors are needed to indict. If releasing the videos before grand jury review and 4 jurors watch the video that could taint the jurors and now the district attorney can't present the case to the grand jury for review. He mentioned if video release before the grand jury review, it can contaminate the jury pool. If 4 jurors watch the video and form an opinion, and under the Criminal Code of Penal 198.253 jurors will have to recuse themselves, otherwise they are subject to a criminal penalty. He stated we talk about transparency and everybody wants justice but there is a perception that we are not being transparent, the reason is to protect judicial system and have eligible grand jurors to review cases and were not trying to bias them before they review the case. If there are enough jurors who have to recuse and therefore the Hays County Grand Jury cannot hear the case, then there must be a change of venue to another county. That means another community will decide what is important in the City of San Marcos and we may prefer that not happen. The change of venue also costs the taxpayers of Hays County. Chief Standridge stated it is a delay of releasing the video it is not an absolute no to release but it has be presented to the grand jury first. If there is indictment the video will not be released prior to the trial in order to not bias the jury. Deputy Mayor Pro Tem Garza stated this information helps council and the public understand the rational. She asked why there is not an internal documents that outlines the type of information that was just presented. Other cities have a policy on this topic. She mentioned it would be helpful to have an internal policy on record retention or information on departmental audits. Chief Standridge stated there is a policy because every Texas agency that uses bodyworn cameras is required to have one by state law. Our policy mirrors state statue and the city has had one since the city adopted bodyworn cameras. City of San Marcos Page 7