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HomeMy WebLinkAboutRes 2017-75 - Policy-Procedure for Video Surveillance on City Property RESOLUTION NO. 2017-75 STAFF REPORT CITY OF PALM DESERT PUBLIC WORKS DEPARTMENT MEETING DATE: November 16, 2017 REQUEST: Adopt Resolution 2017- 75 authorizing the new Video Surveillance on City Property Policy and Procedure Recommendation Waive further reading and adopt Resolution No. 2017- 75 authorizing the new Video Surveillance on City Property Policy and Procedure. Strategic Plan This action has no impact on the City's Strategic Plan objectives. Background Analysis The City Council approved the purchase and installation of video surveillance system equipment for the Corporation Yard on June 22, 2017, and has included the installation of a video surveillance system in the City Hall lobbies in the FY 2017-18 budget. Staff has determined that the footage captured by these surveillance cameras is subject to the Public Records Act; therefore, it is appropriate to develop and implement a policy and procedure regarding surveillance cameras on City property. This new policy and procedure defines where cameras may be placed, who may access the footage, and the length of retention of footage. Fiscal Analysis There i o sal impact o the adoption of this policy. i // � Prepare b : Heather H.rning, Sr. Management Analyst LEGAL REVIEW DEPT. EVIEW FINANCIAL REVIEW CITY MANAGER r ' __ ..A ,._. -Th _...._ _____ ,------_, _ -...-------__, A/ '„ ,:i-fauaLa= u ---- -- ert Ha eaves Mark r enwood, P.E. ClAbk Moore Lauri Aylaian City Attor Direct r f Public Works Director of Finance City Manager November 16, 2017 - Staff Report Video Surveillance on City Property Policy and Procedure Page 2 of 2 ATTACHMENTS: Resolution 2017- 75 Exhibit A - Video Surveillance on City Property Policy and Procedure RESOLUTION NO. 2017- 75 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, AUTHORIZING THE ADOPTION OF THE VIDEO SURVEILLANCE ON CITY PROPERTY POLICY AND PROCEDURE WHEREAS, the safety, and welfare of the City of Palm Desert employees and general public while in public facilities or on City property is a vital and pressing concern for the City; and WHEREAS, in order to enhance security and address criminal activity on City property, the City seeks to install and maintain video surveillance cameras; and WHEREAS, on June 22, 2017, the City Council approved the purchase and installation of video surveillance cameras at the City's Corporation Yard; and WHEREAS, installing video surveillance cameras in public facilities will allow the City to better secure these areas, prevent vandalism, protect City employees and the general public, and aid in the investigation of suspected criminal activity. NOW THEREFORE, the City of Palm Desert, State of California, hereby finds and resolves that it approves the implementation of the Video Surveillance on City Property Policy and Procedure, as attached hereto as Exhibit "A". PASSED, APPROVED, AND ADOPTED on this 16th day of November, 2017 by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: JAN C. HARNIK, MAYOR ATTEST: RACHELLE D. KLASSEN, CITY CLERK CITY OF PALM DESERT, CALIFORNIA Exhibit A CITY OF PALM DESERT ADMINISTRATIVE PROCEDURES Subject VIDEO SURVEILLANCE ON CITY PROPERTY °�''• POLICY AND PROCEDURE I4 10 Policy No. PBWK-001 0+`, �... ;'l h • Date Issued: November 16, 2017 ... - Amended: N/A ':'.'i Approved by Resolution No. 2017- 75 Authored by Public Works Department I. PURPOSE In order to enhance security and address criminal activity on City property, including in public parks, public parking lots, and City facilities, the City seeks to install video surveillance cameras at the locations outlined in this chapter. The installation of video surveillance cameras at City facilities will serve as a crime deterrent and assist law enforcement with the investigation of crimes that occur at these public facilities, further protecting the health, safety, and welfare of City employees and the general public, and preventing the destruction of City property. II. SCOPE This policy and procedure addresses all surveillance cameras placed on City property. III. DEFINITIONS A. "Authorized personnel" means those individuals holding City positions whom the City Manager, or designee, authorizes to access the footage captured by video surveillance cameras on City property. B. "Footage" means the media captured by a video surveillance camera. C. "Open to the public" means any area on City property where the public is allowed to be present and may move unfettered, including, but not limited to, City parks, City parking lots, and any areas of City facilities that provide direct services to the public, such as the building or permit counters. D. "Review period" means the timeframe whereby the police department may review footage from any City-owned video surveillance camera or video surveillance system to determine if the footage is needed for a criminal investigation. E. "Video surveillance camera" or "camera" means an electronic piece of equipment used to capture high-quality moving images of the environment and activity in the area it observes. F. "Video surveillance system" as used in this chapter, means a continuously recording system of video surveillance cameras that may be installed on City property to record activity at that location. Administrative Procedures Manual PBWK-001 Video Surveillance on City Property Policy and Procedure Page 2 of 3 IV. LOCATION AND PLACEMENT OF VIDEO SURVEILLANCE CAMERAS ON CITY PROPERTYGENERAL POLICIES A. Where Cameras May Be Located. The City may install video surveillance cameras in any location on City property that is open to the public. The City shall install signage notifying the public that video surveillance cameras are in use in these areas. B. Where Cameras May Not Be Located. The City may not install video surveillance cameras inside any restrooms, locker rooms, or any locations on City property that are not open to the public, unless the installation of a video surveillance camera in an area not open to the public is both: (1) necessary for security purposes; and (2) approved by the City Manager, in writing, prior to installation of the camera. The City may or may not install signage notifying the public that video surveillance cameras are in use in these areas as the City deems appropriate. V. ACCESS TO FOOTAGE A. Authorized Personnel. During the ten-day review period, only authorized personnel, as designated by the City Manager, or designee, may view the footage captured by the video surveillance cameras and video surveillance systems installed pursuant to this chapter. B. Authorized Purposes. Authorized personnel may only view the footage for one or more of the following authorized purposes: (1) Conducting investigations pertaining to suspected criminal activity; (2) Compliance with a subpoena, court order, or operation of law; (3) Maintenance of the City's video surveillance system; (4) Protecting public property; or (5) Protecting the health, welfare, or safety of City employees and the general public. C. Access Requests. The City's information technology ("IT") department shall control and maintain all footage in a secure area. The City's IT department shall also maintain a record of all authorized personnel who access any footage. This record shall include, at minimum, the accessor's name, description of the footage accessed, and the date and time of access. D. Ten Day Review Period. After a ten-day review period for investigatory purposes by the police department, commencing on the date the footage was captured, any non-exempt portions of the footage may be released pursuant to the requirements of the California Public Records Act (Government Code Section 6250 et seq.). Administrative Procedures Manual PBW K-001 Video Surveillance on City Property Policy and Procedure Page 3 of 3 VI. RETENTION OF FOOTAGE A. All footage captured by video surveillance cameras installed pursuant to this chapter will be retained by the City for a retention period of one year and a day. B. After the retention period has expired, the footage may be deleted unless legally obligated to be retained for a longer period. C. Any footage desired to be retained for longer than a year and a day will be maintained either electronically or on a storage device.