The Long Beach Police Department’s (LBPD) use of Tiger Connect earlier this year– a text-messaging application that automatically deletes conversations over a certain amount of time– complied with state law as it relates to records retention and the California Public Records Act, according to an independent study, the City of Long Beach announced Dec. 7.
The release states that the city manager and city attorney both initiated a review of the LBPD’s use of Tiger Connect Sept. 21, the same week it was revealed the department used the application.
A Sept. 18 Al Jazeera article claimed that the LBPD utilized the text-messaging application for investigations and to share sensitive information, according to the publication’s anonymous sources. Per the City’s archive of resources related to Tiger Connect, Al Jazeera producer Jeremy Young, based in Washington D.C., submitted a PRA request to the LBPD in July 2018 for documents related to the messaging application.
During a briefing days later with Long Beach media at its headquarters, LBPD personnel denied having used the application in an unethical manner– as the Al Jazerra article implied– and put the program “on hold” pending further review of the messaging tool.
The LBPD had used Tiger Connect, previously called Tiger Text, since 2014, when the police transitioned from BlackBerry cell phones to iPhones, which did not have built-in, secure communication features that were sufficient for the needs of the department, LBPD Chief of Police Robert Luna told the Signal Tribune in September.
LBPD officials explained that Tiger Connect was typically used to verify information between various units of the department that may have been spread across a crime scene. For example, officials said authorities of the department’s homicide, patrol and laboratory units could use the application to notify each other of a meeting taking place at the chief’s office.
Per the December press release, the independent review included: the origin and implementation of the messaging application within the LBPD and the Technology and Innovation Department; City policies and procedures related to mobile-device messaging; how the messaging application was utilized; policies and procedures for documentation of evidence; the City’s record-retention policies; best practices for law-enforcement entities related to messaging applications; compliance with state law; and any other relevant topics.
“It was vital to independently review the use of this messaging application and thoroughly examine the concerns raised by the city council, public and the media,” City Manager Patrick West said in the press release.
Gary Schons, a career prosecutor and public-agency attorney with law firm Best Best & Krieger, conducted the study, according to city officials.
The review process consisted of examining all: relevant documents related to Tiger Connect; interviews of key City personnel involved in the procurement, administration and use of the messaging app; best practice review and legal research; investigation of any impacts on litigation and court cases with the city attorney, city prosecutor and district attorney; and attempted contact with the individuals who made anonymous complaints with news organizations to independently investigate their allegations.
The report concludes that the use of Tiger Connect in the LBPD: complied with state law related to records retention; complied with state law related to the California Public Records Act; and was purchased in conformance with the spending approval and technology acquisition policies of the police department and City.
Moreover, the findings concluded that there was no evidence to support claims of illegal use or misuse of the Tiger Connect app by the LBPD and no complaints or reports or adverse effects in criminal or civil cases, according to the City.
The report made several recommendations to strengthen the City’s policies should it choose to reinstate the use of Tiger Connect, including: creation of a specific policy related to instant messaging in the police department; initiating the meet-and-confer process for any update in policy; continuing to ensure any instant-messaging system is centrally managed with controlled access to users and system settings; reviewing the current message-expiration settings and setting City policy on a retention time for messages; and establishing formal processes for adding and deleting authorized users.
“I appreciate the thorough review and recommendations for improvement,” Luna said in the press release. “The police department commits to implementing all the recommendations and will continue to suspend use of Tiger Connect until we complete the recommendations outlined in the independent report.”
The press release also states that the city manager has reviewed the independent report and will be implementing the following:
• All the recommendations, as outlined in the review.
• Create a Professional Standards position within the police department responsible for reviewing existing and future policy, case law and industry best practices. The individual in this position will make recommendations directly to the Chief of Police.
• Update the City’s policies on email and instant messaging as it relates to other applications besides Tiger Connect.
• Remind all city staff of the City’s current policies on instant messaging, email and records retention in an effort to create consistent application throughout the City with regard to electronic communication.
• Create a new review process for apps added to the City’s phones, including review by both the director of Technology and Innovation and the city manager’s office.
• Any policy on police instant messaging or texting will match City policy, making it the responsibility of the user to preserve any records that fall under the records-retention policy in a different system than the instant-messaging system.
“It is clear from the report that technology changes quicker than city policies do,” West said. “In addition to implementing all of the recommendations in the report, it’s vital for the public trust that we take additional steps to update policies related to instant messaging for all employees, that we add resources in the police department to dedicate an individual to constant policy improvements and that we have heightened awareness of both the benefits and potential pitfalls new technology can bring. It is the responsibility of each employee to make sure they are keeping appropriate City records in the proper format and any future policy, regardless of technology, [and] adhere to that standard.”
Arantxa Chavarria, public-information officer with the LBPD, emailed the Signal Tribune Dec. 12 and wrote that the Professional Standards position has been approved through all City channels, is posted on the City’s job-bulletin listings and is consistent with City guidelines.
Moreover, Chavarria said that the LBPD is evaluating the recommendations made in the independent review and is not set on reestablishing its contract with TigerConnect until all the “needs and policies are identified.”
“No other program was put in place,” she wrote in response to any alternate applications outside of TigerConnect. “Currently, employees are making multiple phone calls and having in-person conversations. However, this is not the most efficient communication method.”
Chavarria said there is no information regarding Al Jazeera’s sources.
“The reporter only asked the department’s comment on allegations made by those sources,” she said.
The full report can be found at longbeach.gov/globalassets/police/media-library/documents/how-do-i/tiger-connect/tigerconnect-review.
Additional resources related to the Long Beach Department’s use of Tiger Connect can be found at longbeach.gov/police/how-do-i/public-records-requests/tiger-connect-communication-application/.
Signal Tribune Managing Editor Denny Cristales and Production Manager Sebastian Echeverry contributed to this report. The above article contains excerpts from a Sept. 21 Signal Tribune article.
