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HomeMy WebLinkAboutRes2010-028 Sponsored by: Oates CITY OF SEWARD, ALASKA RESOLUTION 2010 -028 A RESOLUTION OF THE SEWARD CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, ADOPTING A SURVEILLANCE CAMERA POLICY WHEREAS, the City of Seward has used surveillance cameras as a protective measure and a deterrent since the current system was installed in 2004; and WHEREAS, the age of the system and cameras currently in place limits their technologically capabilities and usefulness; and WHEREAS, in April 2009 Seward City Council instructed administration to draft a policy for the installation and use of surveillance cameras in public places; and WHEREAS, when used properly surveillance cameras help to lower crime and protect critical, expensive infrastructure as well as public and private property; and WHEREAS, funding is currently available to obtain new cameras and upgrade the existing surveillance system. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA that: Section 1. The City of Seward surveillance camera policy attached to this resolution is hereby approved. Section 4. This resolution shall take effect immediately upon its adoption. PASSED AND APPROVED by the City Council of the City of Seward, Alaska, this 22 day of March 2010. bow CITY OF SEWARD, ALASKA RESOLUTION 2010 -028 j THE CITY OF SEWARD, ALASKA A m , illard E. Dunham, Mayor AYES: Valdatta, Bardarson, Amberg, Shafer, Dunham NOES: Keil ABSENT: Smith ABSTAIN: None ATTEST: % / 4- I Jean Lewis City Clerk, CMC (City Seal) b �x� °c'0�•�'�P'��41'':::i ®',,h''�q Ye w/), °d. • q„ fi ,AL ` 1 • -._ q •• E J� f •lg ggq q ° �9 yt, * ° ° q T E OF COUNCIL AGENDA STATEMENT Meeting Date: March 22, 2010 e 4 OF y, Through: Phillip Oates, City Manager r-' " From: Tom Clemons, Chief of Police a�ASKo Agenda Item: A Resolution Adopting a Surveillance Camera Policy BACKGROUND & JUSTIFICATION: In April of 2009 City Council directed administration to draft a policy regarding surveillance cameras. That policy is attached for Council approval. Since 2004 the City of Seward has had a system of eight surveillance cameras in the harbor and SMIC Areas. These cameras were installed to help protect City infrastructure and property and deter crime. Initially crime, such as vandalism, was reduced in these areas even when cameras were inoperable. When used properly surveillance cameras help to lower crime and protect critical, expensive infrastructure. Seward's challenging weather has led to a number of current cameras being inoperable or poorly functioning. Many existing cameras are in need of repair, replacement, or upgrade. The entire system is technologically outdated and should be overhauled and expanded. The Police Department has funding available to upgrade the current system and with passage of this resolution and approval of the new policy, the Police Department will begin those improvements. CONSISTENCY CHECKLIST: Where applicable, this resolution is consistent with the Seward City Code, Charter, Comprehensive Plans, Land Use Plans, Strategic Plan and City Council Rules of Procedures. INTENT: This resolution requests that Council approve a Surveillance Camera Policy. ATTORNEY REVIEW: The City Attorney reviewed the Surveillance Camera Policy. FISCAL NOTE: Seward Police Department has granted funding on -hanf to .tart improvements to existing cameras and system. Approved by Finance Department. A _i ,! A I/. - RECOMMENDATION: Approve Resolution 2010- approving the City Surveillance Camera Policy. o�g City of Seward Surveillance Cameras Policy I. PURPOSE The placement of surveillance cameras in the City of Seward area will contribute to public safety for residents and visitors by employing a system that incorporates modern technology for video monitoring, storage, and retrieval. This system will improve the Department's awareness of public safety emergencies, help prevent and detect criminal activities, and support the apprehension and prosecution of those responsible for unlawful activities. This "smart- policing" technology, combined with the confidence and trust of our residents, can help to improve public safety. This policy establishes rules for employing and using the surveillance system, achieving program goals, and protecting the rights all citizens have for privacy. All public surveillance cameras will be noticed. II. DESIGN SPECIFICATIONS A. The video surveillance system used by the City of Seward Police Department will utilize multiple fixed and adjustable cameras focused on predetermined areas in public places. Cameras shall be situated in a manner and location that will maximize the field of view of public areas to protect infrastructure and improve public safety. Camera placement will minimize the potential and inadvertent capture of images from areas where a reasonable expectation of privacy exists. B. In any location where the view of any camera may compromise a citizen's privacy expectation the Chief of Police or \designated staff, shall review the camera's location to relocate the unit or employ window - blanking technology to eliminate the potential for video intrusion. All findings will be reported in writing to the City Manager. C. The system shall be equipped with Pan, Tilt, and Zoom (PTZ) cameras that allow operators to manipulate the framing or focal length of a video image only for the specific purpose of monitoring suspicious persons or activities or as the result of a Call- For - Service (CFS). D. The City of Seward MIS Department in coordination with the Police Department will have authority to install, service, and maintain the surveillance camera system. III. RACIAL PROFILING/NONDISCRIMINATION No operator shall select any person for observation in view of the surveillance camera system based solely on their race, ethnicity, or sex. The surveillance camera system shall only be used for purposes directly related to public safety, infrastructure protection, or authorized internal or criminal investigations. The surveillance camera system shall not be used to track individuals arbitrarily, or based on race, gender, ethnicity, sexual orientation, disability or other classifications protected by law. Page 1 of 3 Approved by Resolution 2010 -028 on March 23, 2010 Operators shall make specific observations of individuals based only on articulable reasonable suspicion that the person may be or may have been involved in criminal activity, or as the result of a Call -For- Service to law enforcement for criminal activity in the area of the camera's viewing parameters. mowl IV. STORAGE/RETRIEVAL OF IMAGES Video images captured by the surveillance system will be automatically recorded over after 31 days unless the Department or other law enforcement agency submits a request to review the captured images for a legitimate criminal investigation. Access will be limited to those individuals described in Section VI below. V. IDENTIFYING MONITORED ZONES The City of Seward surveillance camera system shall be equipped with capabilities that provide an audit trail of system use and user access. The Chief of Police and designated staff will investigate complaints of improper use of the system. All findings will be reported in writing to the City Manager. VI. USER ACCESS Authorized users will be limited to those law enforcement employees with a specific, ongoing need to access the system for the purpose of crime prevention and the detection, identification, or apprehension of individuals as a result of a safety emergency response or authorized criminal investigation. All users require the approval of the Chief of Police or the Acting Chief of Police. All persons designated as authorized system users shall receive training and a unique user identification in emi order to access the system. Images stored on servers shall only be accessed and retrieved by authorized system users, after approval of the Chief of Police, in response to public safety emergencies, authorized internal or criminal investigations, or legally requested copies under of the Public Information Act. The Police Department will charge a $30 fee for legally requested copies of surveillance camera footage. VII. UNUSED VIDEO DATA Video data that is not retained for evidentiary purposes, public safety reasons, or as a result of a court order will not be reproduced, distributed, provided, or shown to other persons without approval of the City Manager. IX. VIDEO DATA AS EVIDENCE Video data retained for evidentiary purposes shall only be reproduced for the purpose of case filing and pre -trial discovery with the approval of the District Attorney. All copies will be accounted for in the Department's Evidence storage system. The City of Seward surveillance camera system will be randomly audited, to ensure that the system is being used appropriately. Page 2 of 3 Approved by Resolution 2010 -028 on March 23, 2010 X. PAN, TILT & ZOOM (PTZ) CAMERA USAGE A. All active observation operations employing PTZ cameras shall be done as the result of specific articulable probable cause. B. PTZ camera operators are responsible for protecting the public's right to privacy. C. PTZ camera operators are forbidden from looking at non - public areas and areas in which there is a reasonable expectation of privacy. D. PTZ camera operations will be audited for misuse violations. E. PTZ camera images and operators are subject to the all the items in this policy. XI LOCATION OF CAMERAS City Council approval is required of all surveillance cameras locations in areas other than the critical infrastructure identified in the latest vulnerability assessment for the City of Seward from Alaska Homeland Security. Any exception to this requirement for a covert surveillance camera requires the approval of the City Manager and the City Council will be notified as soon as an arrest has been made. Exceptions could also occur as directed by court order. XII. POLICY VIOLATIONS Unauthorized access to the City of Seward surveillance camera system, misuse of the camera system, unauthorized reproduction of surveillance camera images, or unauthorized distribution of camera images by city employees will result in immediate suspension pending an investigation to determine the appropriate disciplinary action. This disciplinary action includes the possibility of termination from employment. Page 3 of 3 Approved by Resolution 2010 -028 on March 23, 2010