HomeMy WebLinkAboutRes2011-036 Sponsored by: Shafer
Postponed to: June 13, 2011
Postponed to: June 27, 2011
CITY OF SEWARD, ALASKA
RESOLUTION 2011 -036
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEWARD,
ALASKA, AMENDING THE SURVEILLANCE CAMERA POLICY
WHEREAS, the City of Seward has used surveillance cameras since 2004; and
WHEREAS, the City of Seward did not develop or approve a surveillance camera policy
until 2010 by Resolution 2010 -028; and
WHEREAS, the State of Alaska has a strong right to privacy guaranteed by the State
Constitution; and
WHEREAS, due to public concern, the surveillance policy was revised to offer citizens
additional protections from unnecessary surveillance by Resolution 2011 -009; and
WHEREAS, both the City Manager and the Chief of Police stated surveillance cameras
would not be located on Fourth Avenue after the public, businesses and citizens expressed
concerns regarding the invasion of privacy from continual monitoring by cameras; and
WHEREAS, it is in the best interests of the City of Seward to maintain its credibility
with the public and so the City Council wishes to amend the Surveillance Camera Policy as listed
in the sections below.
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 to herby amended as attached to this
resolution and as follows (Stfi-keout = delete; Bold italics = add):
XI LOCATION OF CAMERAS
A. City Council approval is required of all surveillance cameras locations by resolution in
areas other than the critical infrastructure identified in the latest vulnerability assessment for the
City of Seward from Alaska Homeland Security. No cameras will be allowed on 4th Avenue
south of Van Buren Street. 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.
Section 2. This resolution shall take effect immediately upon its adoption.
CITY OF SEWARD, ALASKA
RESOLUTION 2011 -036
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PASSED AND APPROVED by the City Council of the City of Seward, Alaska, this 27`" day of
June, 2011.
THE CITY OF . WARD, ALASKA
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illard E. Dunham, Mayor
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST:
ohanna inney, CMC
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City Clerk
(City Seal)
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Council Agenda Statement
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Meeting Date: June 13, 2011 `
Through: City Council �`"�
From: Johanna Kinney, City Clerk
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Agenda Item: Amending the Surveillance era Policy
BACKGROUND & JUSTIFICATION:
Council adopted the Surveillance Camera Policy in 2010 by Resolution 2010 -028 and revised it
in 2011 by Resolution 2011 -009 to address citizen concerns. It is Councilmember Shafer's
intent to revise the policy to address further concerns of privacy.
The latest amended policy includes council approval by resolution of all camera locations within
the City, as well as specific language to refrain from putting a camera on the Fire Department
Building, except if placed inside the building. This amending resolution also addresses council
restricts cameras on Fourth Avenue south of the boat launch ramp in the Small Boat Harbor and
requires approval of any potential placement of pedestrian /public areas.
This proposed amended policy is attached and Council approval is requested by Councilmember
Shafer.
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 the amended Surveillance Camera Policy.
ATTORNEY REVIEW: In 2009, the City passed Resolution 2009 -051 accepting a $350.000
pass- through grant from the State of Alaska Division of Homeland Security & Emergency
Management ( "DHS &EM ") Alaska Homeland Security Grant Program 2008 (the "Grant ") to
expand and update its infrastructure security cameras. The Grant monies originated from the
federal Department of Homeland Security ( "DHS ").
The City applied for the Grant in response to a Security Vulnerability Assessment ( "SVA ") that
demonstrated a need to expand and upgrade the City's existing infrastructure security system.
The SVA identifies critical infrastructure belonging to the City which may be vulnerable to
attack. Access to the SVA is limited to only those who have a need to know, with the
appropriate security clearance. The SVA is not a public document. The City used the Grant to
purchase surveillance cameras for those areas of critical infrastructure identified in the SVA as
vulnerable and in need of additional security and surveillance.
The City adopted Resolutions 2010 -028 and 2011 -009, adopting and amending the Surveillance
Camera Policy. The Policy covers cameras purchased with Grant funds as well as other
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surveillance cameras throughout the City. The City's police department verified that cameras
have been effective in deterring crime and vandalism and aiding in investigations. The Policy
requires City Council approval of camera locations "in areas other than the critical infrastructure
identified in the latest vulnerability assessment for the City of Seward from Alaska Homeland
Security." Resolution 2011 -036 would, among other things, delete this reference to the SVA
and make the location of all cameras subject to council approval by resolution, except covert
surveillance for criminal investigation purposes. The proposed change also would prohibit
cameras on much of 4` Avenue, and would require council approval for any camera covering
"any pedestrian/public area." (The City is constitutionally prohibited from maintaining security
cameras in locations that would violate individual privacy rights. Chief Clemons confirmed that
all cameras are placed in locations where no privacy rights are violated.)
The proposed amendment may place the City at risk of violating the Grant terms and
programmatic requirements by limiting placement of cameras purchased with Grant funds. A
representative of DHS&EM advised the City that, if the cameras are not used to protect the
critical infrastructure identified in the SVA, the City will have to repay the Grant.
"PCII" is protected critical infrastructure information. PCII is not public information and sharing
of PCII is governed by the Critical Infrastructure Information Act of 2002 and related
regulations. In terms of disclosing or sharing PCII with the general public, only advisories,
alerts, and warnings regarding potential threats and vulnerability to critical infrastructure as
appropriate and pursuant to the CII Act may be disclosed and only after authorization from the
Secretary, Under Secretary for Preparedness, Asst. Secretary for Cyber Security and
Telecommunications, or Asst. Secretary for Infrastructure Protection. Limited exceptions to this
authorization include when "exigent circumstances" exist or for law enforcement purposes.
The City's vulnerability assessment has been deemed PCII. Recently, the City received the
following notice from the DHS &EM that the vulnerability assessment is exempt from public
review and contains Homeland Security Sensitive information. The following disclosure was
attached to the notice:
DISTRIBUTION: By the authority of the PCII Program Manager,
this information may only be shared with government personnel
and their contractors provided that the individuals seeking access
to the information are currently performing homeland security
duties and have a need -to -know. All recipients must handle and
safeguard this information according to 6 U.S.C. §§ 131 et seq. -
Protection of Critical Infrastructure Information. Data on this
system contains PCII. In accordance with the provisions of the
Critical Infrastructure Act of 2002, 6 U.S.C. 131 et seq., it is
exempt from release under the Freedom of Information Act (5
U.S.C. 552) and similar State and local disclosure laws.
Unauthorized release may result in criminal and administrative
penalties. It is to be safeguarded and disseminated in accordance
with the Critical Infrastructure Information Act of 2002, 6 U.S.C.
§§ 31 et seq., the implementing Regulation at 6 C.F.R. Part 29 and
PCII Program requirements.
The Grant allowed the City to purchase and install surveillance cameras at the critical
infrastructure locations identified in the SVA. The proposed amendment would require public
approval and disclosure of all surveillance cameras locations as well as placement of signage
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identifying that a camera is recording at a surveillance location. This may violate the CH Act of
2002 because divulging the location of a surveillance camera will result in the unauthorized
disclosure of vulnerable CI locations, which is PCII Such disclosure will place the City at risk
of violating, federal law, as well as State law (Alaska Public Records Act) and the Seward Code
(Section 2.05.030(c)). Penalties for the unauthorized disclosure of PCII include criminal and
civil penalties, including imprisonment.
FISCAL NOTE: The City runs the risk of losing $350,000 in federal grant funds if it fails to
abide by all of the "critical infrastructure" provisions of the grant agreement with the Department
of Homeland Security. This would require the City to not only repay the grant to the federal
government, but this would invalidate the City's eligibility for future Homeland Security grants.
In the case of the relocation of a particular camera to another location meeting the Homeland
Security requirements, the estimated costs of relocation is approximately $5,000.
Approved by Finance Department:
RECOMMENDATION:
Council member Shafer recommends approval of Resolution 2011 -036, amending the City
Surveillance Camera Policy.