Use of Personal Vehicles for Public Safety & Emergency Lighting

A guest post by LMCIT Public Safety Specialist Troy Walsh

When contemplating whether to use personal vehicles for municipal business, you need to consider the liability if an accident or damage occurs with the personal vehicle. The League of Minnesota Cities Insurance Trust’s (the Trust’s) coverage does not cover physical damage to personal vehicles being used for municipal or department use. 

An example would be when the fire chief uses their personal vehicle to respond to a call, and during that incident the vehicle is rear-ended by another motorist. 

The fire chief’s vehicle would not be covered by the fire department/city’s auto physical damage coverage, and damage would be the fire chief’s personal responsibility. 

The city’s automobile liability coverage may provide coverage for a liability claim when a personal vehicle is used for city business, e.g. an accident in a personal vehicle operated by a firefighter causes bodily injury or property damage to a third party. The Trust’s auto liability coverage is by default excess over the vehicle owner’s own coverage. That is, the Trust’s coverage would come into play if the liability exceeds the vehicle owner’s own coverage limits.

Members have the option to make the Trust’s auto liability coverage primary for privately-owned vehicles used on member business by specified individuals or groups in specified circumstances (e.g., firefighters responding to calls). Members need to notify the Trust so it can add a special endorsement to the member’s coverage.

Guest blogger Troy Walsh

Having the availability to respond directly to a scene in a personal vehicle is important when seconds count, but it does open the liability window. Municipalities need to weigh out the options to allow this type of response versus the potential for liability to the city and/or the personal vehicle owner. Limiting the liability is important when considering how you will respond to the emergency scenes.

Some cities have transitioned into a command vehicle or duty officer type of vehicle. Some cities have purchased a new vehicle and outfitted it with emergency lights, some have used a current utility vehicle or grass unit, and others have worked with local law enforcement to obtain a vehicle that is ready to be sold and — in some cases — is already set up with emergency lighting. 

Emergency Lighting

Minnesota has some specific laws that are related to the use of emergency lighting on personal vehicles and include Minnesota Statutes, Section 169.58, subd. 2 - Red lamp; permit for volunteer emergency responders and Section 169.58, subd.3 - Volunteer Ambulance Driver. These state statutes outline the requirements and permits for use of emergency lighting for personal vehicles. 

In short, emergency lighting is not allowed or legal for any personal vehicles unless you have obtained a permit from the Minnesota Commissioner of Public Safety. This single red non-flashing lamp must only be displayed to the front of the vehicle and the lamp must meet the specifications adopted by the commissioner. The red lamp permit information, data practices advisory, application, and certification forms can be accessed here. 

You may contact Troy via email at twalsh@lmc.org with any questions regarding these requirements, or feel free to call him at (651) 281-1231. 

Remember: Responder Safety = Public Safety

Up next: Police Officer Physical Fitness Testing

In the meantime, stay safe and be careful -
Troy

Investigation of Animal Cruelty and Enforcement

Animal cruelty is a complex and serious crime. Law enforcement agencies are ultimately responsible for the investigation and collection of evidence for violation of these laws. Animal cruelty not only harms animals but has also been closely linked to human violence such as domestic abuse, child abuse, elder abuse, fraud, arson, illegal drugs, and other serious crimes.

Minnesota Statutes Chapter 343 addresses the prevention of cruelty to animals, including the charging statutes, penalties, investigation of cruelty complaints, animal seizure procedures, and the proper care or disposal of animals. 

The Minnesota Chiefs of Police Association (MCPA) recently collaborated with a team of animal and justice experts — including Animal Folks (a nonprofit organization), police chiefs, officers, deputies, prosecutors, a retired judge, animal control officers, and animal law researchers — to develop a model policy for Minnesota law enforcement agencies. 

This policy provides the basics of Minnesota Statutes Chapter 343 along with a description of the investigation procedures and evidence processing unique to animal cruelty. A better understanding of these details can lead to improved investigations and convictions, and can also be used for a new department policy or added to any existing policy. 

In an effort to provide clarity, promote accountability, and build safer communities, Animal Folks has granted full permission for agencies to use the model policy for your police department. This model policy can be accessed here, and all Minnesota law enforcement agencies are encouraged to consider adopting this model policy (or a similar policy), as officers have the duty to investigate any alleged violations of the Minnesota animal cruelty laws. 

Questions about this policy can be directed to Ann Olson with Animal Folks at (651) 222-2821 or ann@animalfolks.org. Additional resource materials for law enforcement about animal cruelty, animal law, and investigative procedures can be found at www.animalfolksmn.org. 

You may also contact me at tstille@lmc.org or give me a call at (651) 215-4051.

Remember:  Responder Safety = Public Safety

Up next: Use of Personal Vehicles for Public Safety and Emergency Lighting

In the meantime, stay safe and be careful -
Tracy

Body-Worn Camera Audits

As body-worn camera technology rapidly spreads across the nation, many public safety agencies in Minnesota have embraced this fairly new technology. Body-worn cameras are a great tool to enhance transparency with their communities and gather evidence at crime scenes and during citizen encounters. 

Along with this new technology, some agencies are now struggling with the costs involved in storing the data, replacing outdated equipment, and meeting the statutory-required biennial audits. Minnesota Statute 13.825 addresses these portable recording systems — requiring the agency to have an independent audit of the data every two years to determine whether data collected was appropriately classified, how the data are used, whether the data are destroyed as required, that only authorized personnel have access to the data, and whether the data is being shared properly with other agencies. 

Upon the completion of the audit, the results must be shared with their local governing bodies (city councils, etc.), who review whether the agency is in compliance with this statute [MN statute 13.05, Subd. 5 (data protection), and MN statute 13.055 (breach in security)] and take the necessary action for noncompliance. The results must also be provided to the Legislative Commission on Data Practices and Personal Data Privacy no later than 60 days following the completion of the audit. 

The League of Minnesota Cities has posted a “Use of Body-Worn Cameras” informational memo and a model body-worn camera policy that provide significant guidance on the use of body-worn cameras and the resulting data to help cities administer their body-worn camera programs in accordance with law. As a reminder, an agency must develop a written policy and post the written policy on the agency’s website, if the agency has a website (MN Statute 626.8473). 

I have seen various vendors contracted to complete these independent audits for our League of Minnesota Cities Insurance Trust members. To obtain a list of these vendors, feel free to email me at tstille@lmc.org or give me a call at (651) 215-4051.

Remember: Responder Safety = Public Safety

Up next: Animal Cruelty and Enforcement

In the meantime, stay safe and be careful –
Tracy