8/10/2019 Mayor Buttigieg Statement on Police Tapes Ruling

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Office of the Mayor

MAYOR BUTTIGIEGS COMMENTS AS PREPARED

January 14, 2015

In January 2012, a few weeks after taking office, I learned of a situation in which police officers

were allegedly recorded in violation of the Federal Wiretap Act. Cassette tapes were made of

these recordings. I did not then, and do not now, know what is on those tapes.

Because of rumors about the content of the recordings, I came under enormous pressure torelease these cassette tapes. The Common Council issued a subpoena to try to force the

administration to give them copies of the tapes. We did not do so, because I was concerned thatdoing so might be illegal. Instead, we turned to the courts.

Today, a federal judge confirmed our concerns. The judge issued a decision that the recordings

made after February 4, 2011 are illegal under the Act and prohibited from disclosure. Thismeans that there is no way to satisfy all the Councils demands without breaking federal law.

Todays ruling makes it clear that all but one of the cassette recordings created by former ChiefBoykins and Ms. DePaepe, and subpoenaed by Common Council, were illegal and violated the

Wiretap Act. Making them was illegal. Listening to them would be illegal. Copying them wouldbe illegal. And disclosing them would be illegal.

Under this decision, the only exception that we are aware of is one conversation allegedly

recorded on February 4, 2011, on one cassette, referred to in footnote 2 of the decision. Our

attorneys will be reviewing this to confirm how it can be lawfully and promptly turned over tothe Council.

I do not see this as a matter of the administration winning or the Council losing. It is helpful toknow that we did not waste everyones time and money by resisting pressure to do something

unlawful.

The toughest thing about this situation is that people in the community will remain curious aboutwhat is on the tapes. I am curious too. But we cannot violate federal law just to satisfy our

curiosity.

And we must remember that listening to the tapes would not have completely answeredcommunity concerns.

8/10/2019 Mayor Buttigieg Statement on Police Tapes Ruling

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