CITY OF SEBASTOPOL
CITY COUNCIL
AGENDA ITEM
Meeting Date: May 3, 2022
To: Honorable Mayor and City Councilmembers
From: Councilmember Glass
Subject: Consideration of Ordinance Regarding Oversight of the City’s acquisition and use of Surveillance Technology and Imposing a Ban on Certain types of Surveillance Technology Recommendation: That the City Council Support the Request and Direct City Staff to DRAFT An Ordinance for City Council Review
Funding: Currently Budgeted: _______ Yes _________ No __XX___ N/A Net General Fund Cost:
Amount: $
Account Code/Costs authorized in City Approved Budget (if applicable) __AK (n/a_______ (verified by Administrative Services Department) INTRODUCTION/PURPOSE: This item is to submit to the City Council Support the Request and Direct City Staff to Return to a Future City Council Meeting a DRAFT Ordinance Regarding Oversight of the City’s acquisition and use of Surveillance Technology and Imposing a Ban on Certain types of Surveillance Technology for City Council Review.
BACKGROUND:
Recently, I received a request from the Sonoma County ACLU requesting the City Council review the attached and support the request for an agenda item for a DRAFT Ordinance.
DISCUSSION:
The City of Sebastopol received an audit from Jerry Threet in 2020, one of the questions asked is “Are the values of the Sebastopol community reflected in the policies, practices, procedures, & training of its Police Department?” as well as one of the outcomes recommended was to review existing policies, practices, procedures, and compare best practices to community desires/values.
City Councils are responsible for the legislative functions of cities, which includes approving the budget, adopting local laws and regulations, reviewing public policies and adopting big picture goals and related policies that are responsive to the needs of the community. Because we enjoy the active participation of citizens interested in improving our excellent quality of life who engage with us, the City Council, as policy makers of potential policies, proposes policies that does what is best for Sebastopol. This is one of those proposed policies.
As noted in the attached DRAFT ordinance, we as a City Council recognize the emerging need to protect the public safety, privacy and civil rights of our residents. A growing number of local governments have adopted laws that prohibit the use of biometric surveillance technology and predictive policing. More than half a dozen U.S. cities, including Oakland, Berkeley, and San Francisco have passed bans on the government use of such technologies. These ordinances require government agencies to meet public reporting and approval requirements before acquiring or using surveillance technology.
The item tonight is not to approve an ordinance, but to get Council support for such an ordinance and direct City staff, in this case the Police Department would be the responsible department, in preparing a draft ordinance for Council review.
Agenda Item Number: 17 Agenda Item Number: 17
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CITY COUNCIL AND/OR GENERAL PLAN GOALS:
Goal 5 - Provide Open and Responsive Municipal Government Leadership
5.3.3 - Encourage and increase public awareness of City Policies, decisions, programs and all public processes and meetings, by investigating effective methods of communication and obtaining feedback from the community.
PUBLIC COMMENT:
As of the writing of this staff report, the City has not received any public comment. However, if public comment is received from interested parties following the publication and distribution of this staff report, it will be provided to the City Council as supplemental materials before or at the meeting. In addition, public comments may be offered during the public comment portion of the agenda item.
PUBLIC NOTICE:
This item was noticed in accordance with the Ralph M. Brown Act and was available for public viewing and review at least 72 hours prior to scheduled meeting date.
FISCAL IMPACT:
There is no fiscal impact to approval of this item tonight.
RECOMMENDATION:
That the City Council Support the Request and Direct City Staff to Return to a Future City Council Meeting a DRAFT Ordinance Regarding Oversight of the City’s acquisition and use of Surveillance Technology and Imposing a Ban on Certain types of Surveillance Technology for City Council Review.
Attachment:
DRAFT Ordinance language (Information Only)
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PROPOSED SEBASTOPOL SURVEILLANCE TECHNOLOGY & COMMUNITY SAFETY ORDINANCE ORDINANCE NO. _____
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SEBASTOPOL ADDING ARTICLE #### OF THE SEBASTOPOL MUNICIPAL CODE REGARDING OVERSIGHT OF THE CITY’S ACQUISITION AND USE OF SURVEILLANCE TECHNOLOGY, AND
IMPOSING A BAN ON CERTAIN TYPES OF SURVEILLANCE TECHNOLOGY WHEREAS, the City Council finds it essential to have an informed public debate as early as possible about decisions related to surveillance technology.
WHEREAS, the City Council finds that no decisions relating to surveillance technology should occur without strong consideration being given to the impact such technologies may have on civil rights and civil liberties, including those rights guaranteed by the First, Fourth, and Fourteenth Amendments to the United States Constitution, as well as Sections 1, 2, and 13 of Article I of the California Constitution.
WHEREAS, the City Council finds that, while surveillance technology may threaten the privacy of all of us, throughout history, surveillance efforts have been used to intimidate and oppress certain communities and groups more than others, including those that are defined by a common race, ethnicity, religion, national origin, income level, sexual orientation, or political perspective.
WHEREAS, the City Council finds that decisions regarding if and how surveillance technologies should be funded, acquired, or used, and whether data from such technologies should be shared, should not be made until meaningful public input has been solicited and given significant weight.
WHEREAS, the City Council finds that legally enforceable safeguards, including robust transparency, oversight, and accountability measures, must be in place to protect civil rights and civil liberties before any surveillance technology is deployed; and WHEREAS, the City Council finds that, if a surveillance technology is approved, data reporting measures must be adopted that empower the City Council and public to verify that mandated civil rights and civil liberties safeguards have been strictly adhered to.
WHEREAS, the City Council finds that the propensity for biometric surveillance technology and predictive policing technology to endanger civil rights and civil liberties substantially outweighs its purported benefits, and these technologies will exacerbate racial injustice and threaten our ability to live free of continuous government monitoring; and WHEREAS, the City Council finds that biometric surveillance and predictive policing technologies have the potential to grant government entities the unprecedented power to secretly identify, monitor, and locate people simply going about their daily lives, threatening Californians’ privacy, liberty, safety and freedom as guaranteed by the California Constitution.
WHEREAS, the City Council recognizes that the use of biometric surveillance systems and predictive policing technology to watch, categorize, monitor and record the activities and movements of all Californians disproportionately impacts people of color, women, immigrants, LGBTQ people, and political activists of all backgrounds. Bias, accuracy issues, and stereotypes built into biometric surveillance systems and predictive policing technology pose a threat to Californians.
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PROPOSED SEBASTOPOL SURVEILLANCE TECHNOLOGY & COMMUNITY SAFETY ORDINANCE WHEREAS, the City Council recognizes the emerging need to protect the public safety, privacy and civil rights of their residents, a growing number of local governments have adopted laws that prohibit the use of biometric surveillance technology and predictive policing. More than half a dozen U.S. cities, including Oakland, Berkeley, and San Francisco have passed bans on the government use of such technologies.
WHEREAS, the City of Sebastopol prides itself on its progressive leadership and respect for the rights of all people; and
WHEREAS, the following Article is in alignment with the City’s General Plan, including with Goal SA5: “Maintain Effective Police Services.”
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SEBASTOPOL DOES HEREBY ORDAIN AS FOLLOWS:
SECTION 1. Article #### is hereby added to the Sebastopol Municipal Code to read as follows:
1.1 Title.
This Article shall be known as the Surveillance Technology & Community Safety Ordinance.
1.2 City Council Review Mandatory for Surveillance Technology Decisions (a) A City department must obtain City Council approval by ordinance of a Surveillance Use Policy following a public hearing conducted at a regular City Council meeting, prior to engaging in any of the following:
(1) Seeking funds for a surveillance technology, including, but not limited to, applying for a grant or soliciting or accepting State or federal funds or in-kind or other donations for the purpose of acquiring surveillance technology;
(2) Acquiring or borrowing a new surveillance technology, including, but not limited to, acquiring such technology without the exchange of monies or consideration; (3) Using new or existing a surveillance technology for a purpose, in a manner or in a location not previously approved by the City Council in accordance with this Article; or (4) Entering into an agreement, including a written and oral agreement, with a non-City entity to acquire, share or otherwise use surveillance technology or the information it provides, including data-sharing agreements.
1.3 Surveillance Impact Report and Surveillance Use Policy Submission (a) The City department seeking approval under Section 1.2(a) shall submit to the City Council a Surveillance Impact Report and a proposed Surveillance Use Policy via an informational staff report on a regular City Council meeting consent calendar at least forty-five (45) days prior to the public hearing, required under Section 1.2(a). The informational staff report shall be posted on the City website with the relevant City Council agenda at least thirty (30) days prior to the public hearing.
(b) The City Council may request revisions to the Surveillance Impact Report or Surveillance Use Policy submitted by the City department.
1.4 Standard for Approval
(a) The City Council shall only approve a request to fund, acquire, or use a surveillance 2 Agenda Item Number: 17 Agenda Item Number: 17
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PROPOSED SEBASTOPOL SURVEILLANCE TECHNOLOGY & COMMUNITY SAFETY ORDINANCE technology under Section 1.2(a) of this Article if it determines the benefits of the proposed surveillance technology outweigh its costs, that the Surveillance Use Policy will safeguard civil liberties and civil rights, that no alternative with lesser economic cost or impact on civil rights or liberties would be as effective, and that the uses and deployments of the surveillance technology will not be based upon discriminatory or viewpoint-based factors or have a disparate impact on any community or group.
1.5 Compliance for Existing Surveillance Technology
(a) A City department or departments possessing or using surveillance technology prior to the effective date of this Article shall submit or jointly submit a proposed Surveillance Use Policy no later than one hundred twenty (120) days following the effective date of this Article for review and approval by the City Council pursuant to Sections 1.2. (b) If a City department is unable to meet this 120-day timeline, the Department may notify the Council in writing of the department’s request to extend this period and the reasons for that request. The City Council may grant City departments extensions of up to 90 days beyond the 120-day timeline to prepare and submit a proposed Surveillance Use Policy. (c) If the City Council has not approved the continuing use of surveillance technology, including the Surveillance Impact Report and Surveillance Use Policy, within one hundred eighty (180) days of their submission to the City Council, the City department shall cease its use of the surveillance technology and the sharing of surveillance data therefrom until such time as City Council approval is obtained in accordance with this Article.
1.6 Oversight Following Council Approval
(a) A City department that obtains approval under Section 1.2 of this Article must submit to the City Council, and make available on its website, an Annual Surveillance Report for each surveillance technology used by the City department within twelve (12) months of Council approval, and annually thereafter on or before November 1. If the City department is unable to meet the deadline, the department head shall notify the City Council in writing of staff’s request to extend this period, and the reasons for that request. The City Council may grant reasonable extensions for good cause.
(b) Based upon information in the Annual Surveillance Report, the City Council will, at a public hearing during a regular City Council meeting, reassess whether that surveillance technology as used continues to meet the standard of approval set forth in Section 1.4. If it does not, the City Council shall consider:
(1) directing that the use of the surveillance technology cease; (2) requiring modifications to the Surveillance Use Policy that are designed to address the Council’s concerns; and/or
(3) directing a report-back from the department regarding steps taken to address the Council’s concerns.
1.7 Prevention of Secret Surveillance Technology Contracts and Agreements (a) It shall be unlawful for the City or any City department to enter into any surveillance-related contract or other agreement that conflicts with the provisions of this Ordinance, and any conflicting provisions in such future contracts or agreements, including, but not limited to, 3 Agenda Item Number: 17 Agenda Item Number: 17
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PROPOSED SEBASTOPOL SURVEILLANCE TECHNOLOGY & COMMUNITY SAFETY ORDINANCE non-disclosure agreements, shall be deemed void and legally unenforceable. The City and any City Department shall have one year from the effective date of this ordinance to bring any existing contracts or agreements into compliance with this Article; after that date, any conflicting provisions in contracts or agreements signed prior to the enactment of this Article shall be deemed void and legally unenforceable to the extent permitted by law. This section shall not apply to collective bargaining agreements and related memorandums of agreement or understanding that pre-date this Article.
(b) To the extent permitted by law, the City shall publicly disclose all of its surveillance-related contracts, including any and all related non-disclosure agreements, if any, regardless of any contract terms to the contrary.
1.8 Prohibition of Certain Surveillance Technologies
(a) It shall be unlawful for any City Department to obtain, retain, access, or use:
(1) biometric surveillance technology; or
(2) predictive policing technology; or
(3) any information obtained from biometric surveillance or predictive policing technologies.
(b) A City Department’s inadvertent or unintentional receipt, retention access to, or use of any information obtained from facial recognition technology shall not be a violation of this subsection, provided that:
(1) The City Department does not request or solicit its receipt, access to, or use of such information; and
(2) The City Department creates a log of such receipt, access to, or use and within seven days of the event, submits that log to the City Council for inclusion in the City Council’s subsequent Regular Meeting Agenda.
(c) Any violation of this Article constitutes an injury and any person may institute proceedings for injunctive relief, declaratory relief, or writ of mandate in any court of competent jurisdiction to enforce this Article. An action instituted under this paragraph shall be brought against the City of Sebastopol.
(d) No data collected or derived from any use of technology in violation of this Article, and no evidence derived therefrom, may be received in evidence in any trial, hearing, or other proceeding in or before any court, grand jury, department, officer, agency, regulatory body, legislative committee, or other authority subject to the jurisdiction of the State of California. Data collected or derived in violation of this law shall be considered unlawfully obtained, and shall be deleted upon discovery.
(e) A court shall award costs to the prevailing plaintiff in any action brought to enforce this Article and any reasonable attorney’s fees as may be awarded pursuant to State law.
1.9 Whistleblower Protections
(a) Neither the city nor anyone acting on behalf of the city may take or fail to take, or threaten to 4 Agenda Item Number: 17 Agenda Item Number: 17
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PROPOSED SEBASTOPOL SURVEILLANCE TECHNOLOGY & COMMUNITY SAFETY ORDINANCE take or fail to take, a personnel action with respect to any employee or applicant for employment, including but not limited to discriminating with respect to compensation, terms and conditions of employment, access to information, restrictions on due process rights, or civil or criminal liability, because:
(1) The employee or applicant was perceived to, about to, or assisted in any lawful disclosure of information concerning the funding, acquisition, or use of a surveillance technology or surveillance data based upon a good faith belief that the disclosure evidenced a violation of this Article; or
(2) The employee or applicant was perceived to, about to, or assisted or participated in any proceeding or action to carry out the purposes of this Article. (b) It shall be grounds for disciplinary action for a city employee or anyone else acting on behalf of the city to retaliate against another city employee or applicant who makes a good-faith complaint that there has been a failure to comply with any surveillance use policy or administrative instruction promulgated under this Article. (c) Any employee or applicant who is injured by a violation of this Section may institute a proceeding for monetary damages and injunctive relief against the city in any court of competent jurisdiction.
2.0 Enforcement
(a) Any violation of this Article constitutes an injury and any person may institute proceedings for injunctive relief, declaratory relief, or writ of mandate in any court of competent jurisdiction to enforce this Article. An action instituted under this paragraph shall be brought against the City of Sebastopol, and if necessary to effectuate compliance with this Article or a Surveillance Use Policy (including to expunge information unlawfully collected, retained, or shared thereunder), any third party, except a city employee, with possession, custody, or control of data subject to this Article.
(1) Prior to the initiation of any legal proceeding under subsection (a), the City of Sebastopol shall be given written notice of the violation(s) and an opportunity to correct such alleged violation(s) within 30 days of receipt of the notice. (2) If the alleged violation is substantiated and subsequently cured, a notice shall be posted in a conspicuous space on the City’s website that generally describes the corrective measure(s) taken to address the violation(s). (b) A court shall award costs to the prevailing plaintiff in any action brought to enforce this Article and any reasonable attorney’s fees as may be awarded pursuant to State law. (c) Nothing in this Article is intended to, or shall be interpreted to, conflict with the Constitution of the United States, the Constitution of the State of California, or with any State or federal law.
2.1 Definitions
For purposes of this Article, the following words, terms and phrases shall have these definitions:
(a) “Annual Surveillance Report” means an annual written report concerning a specific surveillance technology. The Annual Surveillance Report will include all of the following:
(1) A general description of how the surveillance technology was used; 5 Agenda Item Number: 17 Agenda Item Number: 17
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PROPOSED SEBASTOPOL SURVEILLANCE TECHNOLOGY & COMMUNITY SAFETY ORDINANCE (2) A general description of whether and how often data acquired through the use of the surveillance technology item was shared with outside entities, the name of any recipient entity, the type(s) of data disclosed, under what legal standard(s) the information was disclosed, and the justification for the disclosure(s); (3) A summary of community complaints or concerns about the surveillance technology item;
(4) The results of any internal audits required by the Surveillance Use Policy, any information about violations of the Surveillance Use Policy, and a general description of any actions taken in response;
(5) Information, including crime statistics, that help the City Council assess whether the surveillance technology has been effective at achieving its identified purposes;
(6) Statistics and information about any related Public Records Act requests; (7) Total annual costs for the surveillance technology, including personnel and other ongoing costs, and what source of funding will fund the technology in the coming year;
(8) Any requested modifications to the Surveillance Use Policy and a detailed basis for the request;
(9) Where applicable, a general breakdown of what physical objects the surveillance technology hardware was installed upon, using general descriptive terms; for surveillance technology software, a general breakdown of what data sources the surveillance technology was applied to.
(10) A summary of all requests for City Council approval for the use of the surveillance technology item, including whether the City Council approved or rejected the proposal and/or required changes to a proposed Surveillance Use Policy before approval.
(b) The Annual Surveillance report will not contain the specific records that a surveillance technology item collects, stores, exchanges, or analyzes and/or information protected, restricted and/or sealed pursuant to State and/or federal laws, including information not required to be released by the Public Records Act.
(c) “Biometric surveillance technology” means any computer software that uses face recognition technology or other remote biometric recognition in real time or on a recording or photograph. (d) “City” means the City of Sebastopol, and “City Department” means any City department and its officers and employees.
(e) “Face recognition technology” means an automated or semi-automated process that:
(1) assists in identifying or verifying an individual based on an individual's face; or (2) identifies or logs characteristics of an individual's face, head, or body to infer emotion, associations, expressions, or the location of an individual. (f) “Other Remote Biometric Recognition" means:
(1) an automated or semi-automated process that:
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PROPOSED SEBASTOPOL SURVEILLANCE TECHNOLOGY & COMMUNITY SAFETY ORDINANCE (i) assists in identifying an individual, capturing information about an individual, or otherwise generating or assisting in generating information about an individual based on physiological, biological, or behavioral characteristics ascertained from a distance;
(ii) uses voice recognition technology; or
(iii) identifies or logs such characteristics to infer emotion, associations, activities, or the location of an individual; and
(2) does not include identification based on fingerprints or palm prints that have been manually obtained during the course of a criminal investigation or detention. (g) “Personal Communication Device” means a cellular telephone that has not been modified beyond stock manufacturer capabilities, a personal digital assistant, a wireless capable tablet or similar wireless two-way communications and/or portable Internet-accessing devices, whether procured or subsidized by a City entity or personally owned, that is used in the regular course of conducting City business. (h) “Predictive policing technology” means computer algorithms that use preexisting data to forecast or predict places or times that have a high risk of crime, or individuals or groups who are likely to be connected to a crime. This definition does not include computer algorithms used solely to visualize, chart, or map past criminal activity (e.g. heat maps). (i) “Surveillance Impact Report” means a written report including at a minimum the following:
(1) Information describing the surveillance technology and how it works, including product descriptions from manufacturers;
(2) Information on the proposed purpose(s) for the surveillance technology; (3) If applicable, the location(s) it may be deployed and crime statistics for any location(s);
(4) An assessment identifying any potential impact on civil liberties and civil rights and discussing any plans to safeguard the rights of the public; (5) The fiscal costs for the surveillance technology, including initial purchase, personnel and other ongoing costs, and any current or potential sources of funding;
(6) An assessment identifying with specificity:
(i) Any potential adverse impacts the surveillance technology, if deployed, might have on civil liberties and civil rights; and
(ii) what specific, affirmative measures will be implemented to safeguard the public from those potential adverse impacts.
(7) Whether use or maintenance of the technology will require data gathered by the technology to be handled or stored by a third-party vendor on an ongoing basis; and
(8) A summary of the experience, if any, other governmental entities have had with the proposed technology, including information about the effectiveness, any 7 Agenda Item Number: 17 Agenda Item Number: 17
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PROPOSED SEBASTOPOL SURVEILLANCE TECHNOLOGY & COMMUNITY SAFETY ORDINANCE known adverse information about the technology such as unanticipated costs, failures, civil rights, or civil liberties abuses.
(j) “Surveillance Technology” means any software, electronic device, system utilizing an electronic device, or similar used, designed, or primarily intended to collect, retain, process, or share audio, electronic, visual, location, thermal, biometric, olfactory or similar information specifically associated with, or capable of being associated with, any individual or group.
(1) “Surveillance technology” includes, but is not limited to: international mobile subscriber identity (IMSI) catchers and other cell site simulators; automatic license plate readers; electric toll readers; closed-circuit television cameras; gunshot detection hardware and services; video and audio monitoring and/or recording technology, such as surveillance cameras, wide-angle cameras, and wearable body cameras; mobile DNA capture technology; biometric surveillance technology, including facial, voice, iris, and gait-recognition software and databases; software designed to monitor social media services; x-ray vans; software designed to forecast criminal activity or criminality; radio-frequency I.D. (RFID) scanners; and tools, including software and hardware, used to gain unauthorized access to a computer, computer service, or computer network. (2) “Surveillance technology” does not include the following devices, hardware or software:
(i) Office hardware, such as televisions, computers, credit card machines, copy machines, telephones, and printers that are in widespread use by City departments and used for routine City business and transactions; (ii) City databases and enterprise systems that contain information kept in the ordinary course of City business, including, but not limited to, human resources, permits, licenses, and business records;
(iii) City databases and enterprise systems that do not contain any data or other information collected, captured, recorded, retained, processed, intercepted, or analyzed by surveillance technology, including payroll, accounting, or other fiscal databases;
(iv) Information technology security systems, including firewalls and other cybersecurity systems;
(v) Physical access control systems, employee identification management systems, and other physical control systems;
(vi) Infrastructure and mechanical control systems, including those that control or manage street lights, traffic lights, electrical, natural gas, or water or sewer functions;
(vii) Manually-operated technological devices used primarily for internal City and department communications and are not designed to surreptitiously collect surveillance data, such as radios, personal communication devices, and email systems;
(viii) Manually-operated, non-wearable, handheld cameras, audio recorders and video recorders that are not designed to be used surreptitiously and whose 8 Agenda Item Number: 17 Agenda Item Number: 17
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PROPOSED SEBASTOPOL SURVEILLANCE TECHNOLOGY & COMMUNITY SAFETY ORDINANCE functionality is limited to manually capturing and manually downloading video and/or audio recordings;
(ix) Surveillance devices that cannot record or transmit audio or video or be remotely accessed, such as image stabilizing binoculars or night vision equipment;
(x) Computers, software, hardware, or devices used in monitoring the work and work-related activities involving city employees, contractors and volunteers or used in conducting internal investigations involving city employees, contractors and volunteers;
(xi) Parking Ticket Devices;
(xii) Police department interview room, holding cell, and police department internal security audio/video recording systems;
(xiii) Police department computer-aided dispatch (CAD), records/case management, Live Scan, booking, Department of Motor Vehicles, California Law Enforcement Telecommunications Systems (CLETS), 9-1-1, and related dispatch and operation or emergency services systems;
(xiv) Police department early warning systems.
(k) “Surveillance Use Policy” means a publicly-released, legally enforceable written policy governing the City department’s use of a specific surveillance technology that, at a minimum, includes all of the following:
(1) Purpose: The specific purpose(s) that the surveillance technology item is intended to advance.
(2) Authorized Use: The uses that are authorized, and the rules and processes required prior to such use and uses of the surveillance technology that will be expressly prohibited.
(3) Data Collection: What types of surveillance data will be collected, captured, recorded, intercepted, or retained by the surveillance technology, what types of data may be inadvertently collected during the authorized uses of the surveillance technology, and what measures will be taken to minimize and delete such data. (4) Data Access: The category of individuals who can access or use the collected information, how and under what circumstances data collected with surveillance technology can be analyzed and reviewed, and the rules and processes required prior to access or use of the information.
(5) Data Protection: The general safeguards that protect information from unauthorized access, including encryption and access control mechanisms. 9 Agenda Item Number: 17 Agenda Item Number: 17
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PROPOSED SEBASTOPOL SURVEILLANCE TECHNOLOGY & COMMUNITY SAFETY ORDINANCE (6) Data Retention: The limited time period, if any, that information collected by the surveillance technology will be routinely retained, the reason such retention period is appropriate to further the purpose(s) enumerated in the Surveillance Use Policy, the process by which the information is regularly deleted after that period lapses, and the specific conditions that must be met to retain information beyond that period. (7) Public Access: How collected information can be accessed or used by members of the public, including criminal defendants.
(8) Third Party Data Sharing: Which governmental agencies, departments, bureaus, divisions, or units that may receive data collected by the surveillance technology operated by the City department, including any required justification or legal standard necessary to share that data, and how it will ensure that any entity sharing or receiving such data complies with the Surveillance Use Policy. (9) Training: The training required for any individual authorized to use the surveillance technology or to access information collected by the surveillance technology. (10) Auditing and Oversight: The mechanisms to ensure that the Surveillance Use Policy is followed, including internal personnel assigned to ensure compliance with the policy, internal record keeping of the use of the technology or access to information collected by the technology, technical measures to monitor for misuse, any independent person or entity with oversight authority, and the legally enforceable sanctions for violations of the policy.
(11) Complaints: What procedures will be put in place by which members of the public can register complaints or concerns, or submit questions about the deployment or use of a specific surveillance technology, and how the municipal entity will ensure each question and complaint is responded to in a timely manner.
1.11 Severability
The provisions of this Article are declared to be separate and severable. The invalidity of any clause, phrase, sentence, paragraph, subdivision, section or portion of this Article, or the invalidity of the application thereof to any person or circumstance, shall not affect the validity of the remainder of this Article, or the validity of its application to other persons or circumstances.
SECTION 2. The City Clerk shall certify to the adoption of this Ordinance and shall cause the same or a summary thereof to be published as required by law.
SECTION 3. This Ordinance shall take effect and be in full force and effect thirty (30) days from and after the date of its final passage and adoption.
INTRODUCED on the ___ day of ___________, 2021, and PASSED AND ADOPTED by the City Council of the City of Sebastopol on this _______ day of ___________, 2021, by the following vote:
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