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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 em i PASSED AND APPROVED by the City Council of the City of Seward, Alaska, this 27`" day of June, 2011. THE CITY OF . WARD, ALASKA OP , illard E. Dunham, Mayor AYES: NOES: ABSENT: ABSTAIN: ATTEST: ohanna inney, CMC wit City Clerk (City Seal) ' 'V III UIIII. ,4 44 OF °E .9 0 N yp.+ ° r;F ' ` ? #;,e te • z ▪ P 7 i ▪ g • ikb Is. ',Onions OF j Council Agenda Statement e yofw Meeting Date: June 13, 2011 ` Through: City Council �`"� From: Johanna Kinney, City Clerk V 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 SL 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 �1 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.