First Amendment Audits

A guest blog by Amber Eisenschenk, League of Minnesota Cities Research Manager.

Minnesota cities have seen an uptick in First Amendment audits recently. A First Amendment audit is often done when one or two people with video cameras or smartphones enter city property to see if the city allows them on public property or if the police force them to leave. The video is usually livestreamed on YouTube and shared with a network of followers. This can catch city employees by surprise and make some feel uneasy about security.

To help your city understand First Amendment audits, we’ve answered some common questions you might have:

Q: Can auditors come into city hall and record whatever they want?
A: Individuals can record whatever they like when they have a lawful right to be there. For example, during business hours, a person may come into city hall and record from spaces that any member of the public would normally be allowed to be in.

Q: Can the city restrict access to parts of our building?
A: First Amendment auditors have the right to enter public buildings and should have the same access as any other member of the public. We do encourage cities to consider public access and security before you are visited by auditors. Considering where the public should have access to within your city buildings is a city-specific decision. You can consult with a League of Minnesota Cities Insurance Trust (LMCIT) loss control representative about this type of security. Having “staff only” areas that are restricted by signs or locked doors is likely a good practice. If your building has meeting rooms, you may also want to consider keeping those locked when not in use as a general safety precaution.

Q: I don’t want to be recorded. Can I tell them to stop recording me? 
A: No. As a public employee working in a public place, you may be recorded. It is common for the auditors to want to know your name and job title. This is public information and you should give it to them. If you respond quickly and professionally, they often move on faster. When you hesitate to give a First Amendment auditor public data, or ask why they want it, that often leads them to stay longer. If you have concerns about this, please speak to your supervisor.

Q: Can I record them back?
A: This is probably not a good tactic. As a city employee, that would likely be creating government data.

Q: Should I call the police? 
A: It is not illegal for people to record in a public place. If there is other behavior that is threatening, follow city policies for notifying law enforcement about your concerns.

Q: Are they allowed to record outside our buildings and in our parking lots?
A: Unless the city has restricted access, those areas are public, and they may record. Common ways to restrict access to an outside area include the usage of signs and/or locked fences.

Do you want more information on First Amendment audits? Submit your questions on the League’s website.

Up Next: Q&A with Our Human Resources Staff on Handling Internal Complaints

Stay safe and happy holidays,
Rob

Podcast Episode on Mental Health Crises and How Police Respond

The League of Minnesota Cities podcast, City Speak, has an episode on police response to mental health crisis calls. It is a conversation between Crystal Police Chief Stephanie Revering and Adriana Temali-Smith from the League’s Engagement and Learning department.

In the episode, Chief Revering talks about the increase in the number of mental health crisis calls her department is handling (which is typical statewide), the officers’ training for handling the calls, and de-escalation. She stresses the importance of partnerships and her goals for additional partnerships to better handle these calls for service.

The chief also mentions the amount of time her officers spend on these calls, which is something I hear often from departments around the state. And she illustrates many of her points with stories from calls her officers have handled.

I thank Chief Revering for her time and for allowing the public to learn about this critically important area of police work. She kept it conversational — which is not easy to do when you are sitting across the table from someone you just met, in front of large chrome microphone — and talking about this important and relevant topic.

I also thank Adriana Temali-Smith and her team for recognizing the importance of having this conversation, and for all of the research they did in preparation for recording the episode. The podcast is on our website and can be downloaded.

You can listen to the “Mental Health Crises and How Police Respond” podcast episode here.

Up next: First Amendment Audits

Stay safe,
Rob

2019 LMCIT Dividend: 'It’s in the mail!'

“Enclosed is a check for your share of the $2.5 million dividend being returned to members of the League of Minnesota Cities Insurance Trust property/casualty program for 2019.” That’s the opening
sentence of the information letter that accompanied the 1,208 dividend checks mailed out late last week to Insurance Trust members. 

The letter explains the formula used to determine how the dividend amounts were calculated. And it describes how the amounts are impacted by changing loss patterns, actuarial projections, investment results, legislative and coverage changes. 

Envelope Stuffing

You've got mail, LMC
Insurance Trust P/C members.

About two weeks ago, an email was sent to staff at the League announcing the date and location for stuffing the dividend envelopes. This has become a bit of a ritual, and staff filled the room before the official starting time. I felt lucky to get in. It is extremely well organized to ensure the correct check and information sheets end up together in an envelope and then put into the completed box. The room was amazingly quiet as staff worked through their line of checks going out to member cities and numerous joint powers boards.

Occasionally someone announces they need to leave for a meeting and there is always one or two staff members in the wings to take their spot. The process does not miss a beat. As people complete the line-up of checks, they leave and return to their desks. The whole process takes less than an hour. 

As I look around the room, I know everyone at the table has other work and projects to complete and yet they are here, crammed into a conference room stuffing envelopes. There is a source of pride working for the Trust membership — and this is just one very tangible example of that. 

A shout-out to Sarah Fredricks and Laura Honeck for organizing the process and for directing traffic on “stuffing day.”

Up next: An LMC City Speak podcast on “Mental Health Crises and How Police Respond” with Crystal Police Chief Stephanie Revering

Stay safe,

Rob