DATE: March 19, 2024
DEPARTMENT: CITY ATTORNEY’S OFFICE
FROM: CHRISTOPHER A. CALLIHAN, CITY ATTORNEY
TITLE: SURVEILLANCE TECHNOLOGY ORDINANCE
RECOMMENDED MOTION:
Consider adoption of an ordinance adding Article IV to Chapter 27 of the Salinas Municipal Code related to the use of surveillance technology.
RECOMMENDATION:
It is recommended that the City Council consider adopting an ordinance adding Article IV to Chapter 27 of the Salinas Municipal Code related to the use of surveillance technology.
BACKGROUND:
Council member Rocha, with the support of Council members González and Sandoval, requested that this proposed ordinance come forward for the City Council’s consideration.
The purpose of the ordinance is to provide guidance for the capture, storage, and use of digital data. All data will be closely safeguarded and protected by both procedural and technological means. As new technologies emerge and are put to use by the City, the City Council seeks to reaffirm the commitment to privacy rights of its community members by codifying an ordinance that will provide for City Council oversight and transparency in the purchase and use of surveillance technologies. The proposed ordinance addresses surveillance technology that is currently available and in use and allows for the inclusion of new surveillance technologies that may be developed in the future. The approach incorporated into the proposed ordinance establishes a reporting and approval process that can increase transparency without compromising public safety, limiting local control, or requiring additional resources.
CEQA CONSIDERATION:
Not a Project. The City of Salinas has determined that the proposed action is not a project as defined by the California Environmental Quality Act (CEQA) (CEQA Guidelines Section 15378).
STRATEGIC PLAN INITIATIVE:
This item relates to the City Council’s Strategic Goal of providing effective and culturally responsive government.
DEPARTMENTAL COORDINATION:
The City Attorney’s Office prepared the proposed ordinance.
FISCAL AND SUSTAINABILITY IMPACT:
There is no direct impact on the City’s General Fund with the City Council’s consideration and adoption of the proposed ordinance ATTACHMENTS:
Ordinance
ORDINANCE NO. _______ (N.C.S.)
AN ORDINANCE ADDING ARTICLE IV TO CHAPTER 27 OF THE SALINAS MUNICIPAL CODE RELATED TO THE COLLECTION AND USE OF DIGITAL City Attorney Impartial Analysis
This ordinance adds Article IV to Chapter 27 of the Salinas Municipal Code to provide a process for the acquisition and use of digital data obtained through the use of Automated License Plate Reader (ALPR) Technology.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF SALINAS AS FOLLOWS:
SECTION 1. Article IV is hereby added to Chapter 27 of the Salinas Municipal Code to read as follows:
Article IV. Automated License Plate Reader (ALPR) Data Collection and Retention.
Sec. 27-04.01. Purpose and Findings.
The purpose and intent of this article is to impose safeguards to protect civil liberties and civil rights.
The City Council finds that collection and use of digital data obtained through the use of Automated License Plate Reader (ALPR) technology must be balanced with the need to: investigate and prevent crimes; protect crime victims and society from those who commit crimes; protect civil rights and civil liberties, including privacy and free expression; and the costs to the City.
The City Council finds that proper transparency, oversight and accountability for the collection and use of such digital data is fundamental to protecting the rights and civil liberties, including privacy and free expression, of all people.
Sec. 27-04.02. Operations.
An ALPR shall only be used for official law enforcement business and may be used in conjunction with any routine patrol operation or criminal investigation. ALPR equipment and data may not be used for any unauthorized purpose and shall be used consistent with state law, currently codified at California Civil Code section 1798.90.5, et seq.
Sec. 27-04.03. Data Collection and Retention.
ALPR data shall be transferred from vehicles to the designated storage in accordance with Salinas Police Department procedures.
All downloaded ALPR data shall be stored for a minimum of one year and in accordance with the City’s records retention policy. Thereafter, ALPR data should be purged unless it has become, or it is reasonable to believe it will become, evidence in a criminal or civil action or is subject to a discovery request or other lawful action to produce records. In those circumstances, the applicable ALPR data should be booked into evidence.
All ALPR data shall be accessible only through a login/password-protected system capable of documenting all access of information by name, date, and time.
ALPR data may be accessed only for legitimate law enforcement purposes, such as when the data relates to a specific criminal investigation or department-related civil or administrative action.
ALPR system audits shall be conducted on a regular basis.
Sec. 27-04.04. Releasing ALPR Data.
ALPR data may be shared only with other law enforcement or prosecutorial agencies for official law enforcement purposes or as otherwise permitted by law.
SECTION 2. All ordinances and parts of ordinances and all resolutions and parts of resolutions in conflict herewith are hereby repealed as of the effective date of this Ordinance.
SECTION 3. Publication. The City Clerk shall cause a summary of this ordinance to be published once in a newspaper published and circulated in Salinas within fifteen (15) days after adoption. (Salinas Charter Section 11.9) SECTION 4. CEQA Compliance. The City Council’s adoption of this ordinance is not a project subject to environmental review under the California Environmental Quality Act (CEQA Guidelines section 15061(b)(3)).
SECTION 5. Severability. If any section, subsection, sentence, clause, or phrase of this ordinance is for any reason held to be invalid or unconstitutional by a decision of any court of any competent jurisdiction, such decision shall not affect the validity of the remaining portions of this ordinance. The Salinas City Council hereby declares that it would have passed this ordinance, and each and every section, subsection, clause, and phase thereof not declared invalid or unconstitutional without regard to whether any portion of the ordinance would be subsequently declared invalid or unconstitutional.
SECTION 6. Effective Date. This Ordinance will take effect thirty (30) days from and after its adoption.
PASSED AND ADOPTED this _____ day of _________________, 2024, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
APPROVED:
________________________________________
Kimbley Craig, Mayor
ATTEST:
__________________________________
Patricia M. Barajas, City Clerk
APPROVED AS TO FORM:
__________________________________
Christopher A. Callihan, City Attorney
Page | 3
Page | 1
CITY OF SALINASCOUNCIL STAFF REPORTCITY OF SALINASCOUNCIL STAFF REPORT
CITY OF SALINAS
COUNCIL STAFF REPORT
CITY OF SALINAS
COUNCIL STAFF REPORT