HomeMy WebLinkAboutRES 2022-045' RESOLUTION NO. 2022-45
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM
DESERT, CALIFORNIA, AMENDING THE VIDEO SURVEILLANCE ON
CITY PROPERTY POLICY AND PROCEDURE
WHEREAS, the safety, and welfare of the City of Palm Desert ("City') 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 has installed and maintained video surveillance cameras in several
locations throughout the City; and
WHEREAS, installing video surveillance cameras in public facilities allows 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; and
WHEREAS, on November 16, 2017 the City adopted Resolution No. 2017-75
authorizing the approval of the Video Surveillance on City Property Policy and Procedure
' ("Video Policy and Procedure"); and
WHEREAS, improvements in technology have changed the way video
surveillance systems are operated, including but not limited to the quality and accessibility
of surveillance footage, and the storage of surveillance data; and
WHEREAS, the current version of the Video Policy and Procedure does not
contain language reflecting current City practice related to the review and potential
release of video images; and
WHEREAS, the Video Policy and Procedure must be updated to reflect the
improvements in technology and current City practice.
NOW THEREFORE, the City of Palm Desert, State of California, hereby finds and
resolves that it approves the amended Video Surveillance on City Property Policy and
Procedure, as attached hereto as Exhibit "A".
1
RESOLUTION NO. 2022-45
PASSED, APPROVED, AND ADOPTED on this 26'h day of May, 2022 by the I
following vote, to wit:
AYES: JONTHAN, KELLY, NESTANDE, QUINTANILLA, and HARNIK
NOES: NONE
ABSENT: NONE
ABSTAIN: NONE
N C. HARNIK, MAYOR
A TEST:
6131 I ip?
4N/THONY J. M TY CLERK
G�T`fY OF PALM ESERT, CALIFORNIA
7
ON
RESOLUTION NO. 2022-45
Exhibit "A"
CITY OF PALM DESERT
ADMINISTRATIVE PROCEDURES
VIDEO SURVEILLANCE ON CITY PROPERTY
Subject
POLICY AND PROCEDURE
Policy No.
PBWK-001
Issued: November 16, 2017
Date
Amended: May 26, 2022
Approved by
Resolution No. 2022-26
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 Policy. 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, or are
contracted by the City, whom the City Manager, or designee, authorizes to
access the footage captured by video surveillance cameras on City property.
B. "City" means the City of Palm Desert, California.
C. "Footage" means the media captured by a video surveillance camera.
D. "Open to the public" means any area on City property where the public is
allowed to be present and may move unfettered and where a reasonable
expectation of privacy is not violated by recording acts that may normally be
openly observed. Areas that are open to the public include, but are 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.
3
RESOLUTION NO. 2022-45
E. "Video surveillance camera" or "camera" means an electronic piece of I
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 Policy, means a continuously
recording system of video surveillance cameras that may be installed on City
property to record activity at that location.
IV. LOCATION AND PLACEMENT OF VIDEO SURVEILLANCE CAMERAS ON CITY
PROPERTY
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. All public
areas that are monitored by City video surveillance will be marked in a
conspicuous manner with appropriate signs to notify the public that video
surveillance cameras are in use in these a -eas.
B. Where Cameras May Not Be Located The City may not install video
surveillance cameras in any areas in which there is a reasonable expectation of
privacy. This includes but is not limited to inside restrooms, locker rooms, or
locations on City property that are not open to the public. An area which is
public shall not be deemed to be a private cirea solely because there is only one
person in that area at a particular point in t me.
V. ACCESS TO FOOTAGE
A. Authorized Personnel. 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 irstalled pursuant to this Policy.
B. Authorized Purposes. Authorized personnel may view real-time or previously
recorded footage for one or more of the fol owing authorized purposes:
(1) Routine monitoring and surveilkince
(2) Conducting investigations perta ning to suspected criminal activity;
(3) Compliance with a subpoena, court order, or operation of law;
(4) Maintenance of the City's video surveillance system;
(5) Protecting public property; or
(6) Protecting the health, welfare, or safety of City employees and the
general public.
C. Manner of Surveillance. Authorized Perso nel shall use surveillance
monitoring in a professional, ethical and le al manner. The video surveillance
cameras and video surveillance system shell not be used to invade the privacy
of individuals. All reasonable efforts will ba taken to protect these rights.
Surveillance monitoring shall not be used t�) harass, intimidate, or discriminate
against any individual or group, including s irveilling citizens based solely on
race, gender, ethnicity, sexual orientation, disability, or any other
classifications protected by ordinance or st atute.
D. Access Requests. The City's information tFahnology ("IT") department shall be '
designated as authorized personnel and may control and maintain all footage
n
RESOLUTION NO. 2022-45
' for data security purposes. The City's IT department shall also maintain a record
of all authorized personnel. This record shall include, at minimum, the
accessor's name and the date range in which access was granted.
E. The release of video images shall be done only with the authorization of the City
Manager, or designee, in consultation with legal counsel.
F. Requests for recorded video images by submission of a court order or
subpoena, shall be promptly submitted to the City Manager, or designee. Every
reasonable effort should be made to preserve the data requested.
G. Video images captured that are requested for disclosure will only be released
to the extent required by law. Except as required by a valid court order or other
lawful process, video images requested under the Public Records Act will not
be disclosed to the public when such video images are evidence in an ongoing
criminal investigation.
H. Legal Counsel shall be consulted on all Public Records Act requests prior to
release of any video images.
VI. RETENTION OF FOOTAGE
A. All footage captured by video surveillance cameras installed pursuant to this
Policy will be retained by the City for a retention period of at least one year.
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.
VII. EXCLUSIONS
A. Private Video Cameras. This policy does not apply to private video cameras
owned and operated by any person or entity other than the City.
B. Law Enforcement Surveillance. This policy does not apply to the use of video
surveillance technology as authorized by a search warrant or to use by certified
law enforcement officers in the course of the investigation of specific cases
within the scope of their duties as certified law enforcement officers.
C. Unrelated to Surveillance. This policy does not apply to video cameras or
webcams established for reasons unrelated to surveillance activity, including
remote monitoring of facilities construction to ascertain project progress, public
relations initiatives or videotaping of events for documentation and/or review.
11