Pasadena NAACP Demands Pasadena Police Chief Withdraw Departmental Policy Governing Use of Body Cameras

Through its General Counsel, the Pasadena Branch of the National Association for the Advancement of Colored People sent a letter by email to city officials Sunday afternoon demanding the immediate withdrawal of the Pasadena Police Department’s current body camera policy.

The policy became effective on November 4 and guides the operational use of police body cameras, which rolled out for field use on November 7.

The letter was addressed to City Manager Steve Mermell and Chief of Police Phillip Sanchez and was emailed to them as well as City Attorney Michele Bagneris, City Clerk Mark Jomsky and all City Council members.

“Demand is made,” the letter from attorney Elbie J. Hickambottom, Jr., reads, “that you withdraw, prior to the 4:15 p.m. [Monday] meeting of the City Council’s Public Safety Committee… the police department Policy 450 on Body Cameras.”

Hickambottom’s letter goes on to characterize the Policy as “illegal” and articulates three arguments supporting his conclusion:

“Policy 450 is illegal because (1) the policy was promulgated in derogation of the request of the Chair of the Public Safety [Committee] that the policy be submitted through that Committee and thereby to the Pasadena City Council for policy instruction to the City manager pursuant to Pasadena Charter 640(J), (2) the policy was not submitted to the Department of Justice despite the requirement that it do so but rather another policy was submitted to the DOJ, and (3) 450.12’s designation of bodycamera video as “investigative materials” in advance of any investigation is inconsistent with the holding of City of Eureka v. Superior Court (2016) 1 Cal. App. 5th 755, that video generated in advance of an investigation are not investigative materials.”

“Our client urges you to withdraw this illegally implemented policy,” to take steps necessary to correct it and then to submit the revised materials to the Public Safety Committee and City Council for policy review before implementation, Hickambottom’s letter concludes.

The letter does not say what steps are planned if the City does not withdraw the policy.

Demand letters frequently signal that the demanding party is prepared to file a lawsuit if the desired outcome is not obtained.

As of this writing, neither police nor NAACP officials have responded to requests for comment.