TO:
Honorable Mayor and Members of the City Council
THROUGH:
Talyn Mirzakhanian, Acting City Manager
FROM:
Miguel Guardado, Information Technology Director
Lisa Jenkins, Human Resources Director
Rachel Johnson, Chief of Police
Patricia Matson, Senior Management Analyst
SUBJECT:Title
Consideration of a Public Safety Camera System Policy (No Budget Impact) (City Manager Mirzakhanian)
RECEIVE AND FILE
Body
_________________________________________________________
RECOMMENDATION:
Staff recommends that the City Council receive and file the Public Safety Camera System (PSCS) Policy regarding the implementation and ongoing use of the City’s security cameras.
FISCAL IMPLICATIONS:
There are no fiscal implications associated with the recommended action.
BACKGROUND:
In response to various safety and security concerns, the City’s leadership team and an employee safety committee evaluated options to enhance the safety and security of employees and visitors at City Hall and other facilities. Staff brought updates regarding the existing and proposed safety and security measures to City Council in 2020, under the subject of Security Enhancement Measures for City Hall and other Municipal Facilities. The discussion included the planned Capital Improvement Project for camera installation at key City facilities, which has now been an ongoing City Council approved three-phased project known as the Citywide Security Cameras Project.
Over the past year, as part of Phases 1 and 2 of the project, camera installations have occurred at the Public Works Yard, City Hall, and the Police/Fire Facility. Phase 3, which is expected to begin later this summer, will include installations at the Joslyn Community Center, Live Oak Park, and the Manhattan Heights Community Center.
In preparation of the camera system becoming fully operational, staff examined the policies of other jurisdictions and developed a policy based off best practices to govern the administration of the program, now designated as the Public Safety Camera System Policy. This policy will pertain to all cameras installed in Phases 1, 2, and 3 of the Citywide Security Cameras Project, and any future security camera installations.
DISCUSSION:
Public Safety Camera System Policy:
The attached policy, related to the administration of the PSCS program, specifies rules of acceptable use of the system to enhance safety at City facilities and public places without compromising the right to privacy held by the public and City employees.
The system, and associated procedures regulating its use, is intended to improve the City’s ability to:
1. Deter criminal activity;
2. Respond to public safety needs;
3. Respond to employee and security needs;
4. Investigate criminal activity;
5. Identify and apprehend suspects and serve as an aid to the successful prosecution of those responsible for criminal acts;
6. Recognize and respond to the needs of the resident and business community; and
7. Respond during an emergency or disaster.
It is important to note that the existence of this policy or the PSCS does not obligate the City to conduct continuous or routine live monitoring, and it is not the intent of the Police Department to provide continuous live monitoring of the system. However, the Police Department will live monitor the PSCS as needed, in accordance with the purposes identified in the policy.
The policy applies to all employees, contractors, or vendors while working on behalf of the City that are authorized to use the PSCS.
To ensure effective oversight and accountability, key personnel have been assigned to administer the PSCS. The Police Chief will act as the primary manager of the PSCS and its users and will be responsible for the investigation of all law enforcement activity or emergency requests related to the system. The Human Resources Director will be responsible for the investigation of actual or potential liability claims, workers’ compensation claims, and allegations of employee misconduct. The Human Resources Director and City Manager will be responsible for reviewing and approving internal requests for recorded visual media. Technical support and system maintenance will be overseen by the Information Technology Director.
The PSCS policy contains several sections that address the general use of the cameras and recordings, considerations for camera locations, system access and requirements for its use, a process for internal requests for visual media by staff, storage of recordings, release of images, reporting policy violations, and policy exceptions associated with the system.
The policy in its entirety is attached for reference, however, the following is a summary of the policy:
General Use
The PSCS will be utilized for a variety of purposes through the capture of recorded visual media. Uses may include deterring and investigating criminal activity, monitoring large-scale events and potential hazards for the strategic placement of public safety personnel, assisting with emergency response, traffic monitoring, and supporting investigations related to liability claims, employee misconduct, and safety and security concerns.
The system will not be used under circumstances where a reasonable expectation of privacy exists nor shall it be used in a way that would infringe upon an individual’s First and Fourth Amendment rights, or for tracking individuals based on protected characteristics and classifications (e.g., race, color, religion, sex, age, national origin, disability, pregnancy, sexual orientation, marital status, familial status, status as a victim of domestic violence, alienage or citizenship status, creed, genetic predisposition or carrier status, unemployment status, or any other protected status or characteristic as established by law).
Use of Audio
The cameras have the capability to capture audio, however, microphones have not been installed at this time apart from areas of the Police Department where suspects or witnesses may be interviewed or detained. These microphones may be turned on and off as appropriate.
In the future, microphones may be installed and enabled in cameras fixed in a public area where there is no reasonable expectation of privacy under the following limited circumstances:
a) If properly noticed by signage to the extent practicable;
b) If appropriate court orders and warrants are obtained; or
c) If there is an active law enforcement incident occurring that requires the use of audio for the protection of the community.
If cameras inside City facilities have microphones installed and enabled in the future, they shall not be actively used to capture audio in employee workspaces and areas not accessible to the public unless there is an active law enforcement incident or investigation occurring that requires the use of audio for the protection of City employees.
Location of Cameras
The Police Chief or their designee shall consider several factors stated in the policy when approving new camera locations and will consult with legal counsel when making these determinations. Cameras will be installed and placed in public areas to enhance public safety and will not be aimed at private spaces where an expectation of privacy exists or to focus on any personal physical features of individuals, unless there is a legitimate law enforcement need.
Access and Use of System
Access to the system will be granted to select Police Department and Information Technology Department personnel. Any additional user requests will be reviewed and approved by the Police Chief with concurrence from the City Manager.
The system will not be operated or viewed by anyone other than authorized and properly trained staff who will have their own unique user account and permission levels. System training shall be documented and acknowledged by both the employee and the person providing training.
Additionally, the Police Chief or designee, with support from authorized Information Technology staff as needed, will conduct periodic audits of the system to maintain user accountability.
Requests for Visual Media
Requests for recorded visual media by employees (outside of law enforcement related activity, liability claims, workers’ compensation claims, or allegations of employee misconduct) must be submitted via an electronic form. The request will follow a specified approval process outlined in the policy prior to any footage being retrieved. Footage will only be released once it is determined to be relevant to the request. It is important to note that this policy does not relate to the procedure for outside individuals or entities to request visual media, as that process is governed by the City’s standard Public Records Act (Government Code Section 7920 et seq.) request process.
Storage and Retention
Recordings will be stored in accordance with the City’s retention policy and shall be kept for a minimum of one year. In the event the City has stored recordings that are evidence in any filed claim or any pending litigation, they shall be preserved until the pending litigation is resolved.
Release of Images
The PSCS policy prohibits unauthorized recording, viewing, reproduction, dissemination, or retention of images captured through the system. The policy specifies that images shall not be released outside of the City without the approval of the Chief of Police or their designee, and only then in accordance with the California Public Records Act (Government Code Section 7920 et seq.), or in response to a lawful subpoena or court order.
Violations
Employees may report suspected violations to certain provisions of the policy to their supervisor, Police Chief, or Human Resources. Violations will be investigated by the appropriate department or outside investigator, depending on their nature. Corrective action will be taken if necessary.
Policy Exceptions
The Police Department maintains additional camera equipment for law enforcement purposes. These cameras are controlled and maintained by MBPD and will follow MBPD camera policies and are exempt from the provisions of the PSCS policy.
Employee Labor Group Considerations:
The City’s labor associations were notified of the proposed policy and Human Resources engaged with the associations to discuss and negotiate any identifiable impacts. Staff took all suggestions and requests into consideration and modifications to the policy were incorporated to reflect the feedback received, where feasible.
Future Considerations:
As explained and discussed in prior Council meetings related to the implementation of a public safety camera system, the existence of such a system may create an increase of records requests regarding video recordings. City Council may need to consider the need for additional staff in the future if it is determined that an inordinate amount of time is being devoted to PSCS requests.
Policy Implementation:
Once City Council receives and files the report, staff will begin implementing all provisions of the policy.
CONCLUSION:
Staff recommends that the City Council receive and file the Public Safety Camera System Policy regarding the implementation and ongoing use of the City’s security cameras.
PUBLIC OUTREACH:
After analysis, staff determined that public outreach was not required for this issue.
ENVIRONMENTAL REVIEW:
The proposed implementation of a Public Safety Camera System Policy is not a “project” as defined under Section 15378 of the State California Environmental Quality Act (CEQA) Guidelines because it does not have a potential for resulting in either a direct physical change in the environment, or a reasonably foreseeable indirect physical change in the environment. Therefore, pursuant to Section 15060(c)(3) of the State CEQA Guidelines, the activity is not subject to CEQA, and no environmental review is necessary.
LEGAL REVIEW:
The City Attorney has reviewed this report and determined that no additional legal analysis is necessary.
ATTACHMENT:
1. Public Safety Camera System Policy