Ocean State Today

The New England First Amendment Coalition (NEFAC) and a group of Rhode Island open government advocates have voiced serious concerns over a bill that mandates police departments to withhold certain body-worn camera footage, which would otherwise be accessible under the state's public records law.

Two companion bills, H7263A and S2096A, propose changes to the Law Enforcement Officers’ Bill of Rights, or LEOBOR. A provision in the House version stipulates that a police chief "shall be prohibited from releasing any video evidence . . . about or concerning an incident or matter of public interest involving [a police officer]" if it pertains to summary suspensions imposed for undefined "minor" violations of departmental rules.

This section effectively establishes an absolute ban on public access to body camera footage whenever a "minor" violation of department rules is involved, even if the footage would have previously been accessible under the state’s Access to Public Records Act.

In a May 10 memorandum drafted by the ACLU of Rhode Island and sent to several state senators, NEFAC and others explained how a "minor" violation could be interpreted in various ways.