The County of Santa Clara
California

Report
99834
Approved as Amended
Feb 11, 2020 9:30 AM

Held from January 14, 2020 (Item No. 29): Consider recommendations relating to the Surveillance-Technology and Community-Safety Ordinance. (Office of the County Executive)

Information

Department:Office of the County ExecutiveSponsors:
Category:ReportProjects:Surveillance Technology

Attachments

  1. Printout
  2. 2019 Annual Report Summary of Requests, Notifications, and Receipt of Surveillance Use Policies
  3. Clerk of the Board of Supervisors Audiovisual Recording Devices Annual Report 2019
  4. Consumer and Environmental Protection Agency Audio Recorders Annual Report 2019
  5. Consumer and Environmental Protection Agency Digital Cameras Annual Report 2019
  6. Consumer and Environmental Protection Agency Vector Control System Campus Security Cameras Annual Report 2019
  7. County Communications 9-1-1 Audio Recording System Annual Report 2019
  8. County Communications Video Cameras Used for Facility Security Annual Report 2019
  9. Countywide Badge Password-Access Technology for Multifunction Printer Copying Machines Annual Report 2019
  10. Countywide Computers and Mobile Phones with Audiovisual Recording Capabilities Annual Report 2019
  11. Countywide Facility Access Control Technology Annual Report 2019
  12. Department of Child Support Services ExacqVision Video Security System Annual Report 2019
  13. Department of Parks and Recreation Aerial Cameras and Global Positioning System Technologies Annual Report 2019
  14. Department of Parks and Recreation Closed-Circuit Cameras Annual Report 2019
  15. Department of Planning and Development Audio Recorders Annual Report 2019
  16. Department of Planning and Development Digital Cameras Annual Report 2019
  17. Facilities and Fleet Department Security Cameras and Collected Data Within Facilities and Fleet Department Annual Report 2019
  18. Facilities and Fleet Department Telematics - A Vehicle Fleet Management Tool Annual Report 2019
  19. Finance Agency Security Cameras Annual Report 2019
  20. Office of the Assessor Digital Cameras Used to Assess Property Annual Report 2019
  21. Office of the County Counsel Digital Audio Records Annual Report 2019
  22. Office of the County Counsel Digital Cameras Annual Report 2019
  23. Office of the County Counsel Network Server Camera Annual Report 2019
  24. Office of the County Executive Digital Cameras Annual Report 2019
  25. Office of the County Executive Equal Opportunity Department Audio Recorders Annual Report 2019
  26. Office of the County Executive Reentry Resource Center Security Cameras Annual Report 2019
  27. Office of the District Attorney and Office of the Sheriff County Government Center Security Cameras Annual Report 2019
  28. Office of the District Attorney Data Extraction and Examination Tools and Software Annual Report 2019
  29. Office of the District Attorney Digital Recorders Annual Report 2019
  30. Office of the District Attorney Video Surveillance and Recording of Evidence Storage Facility Annual Report 2019
  31. Office of the District Attorney Crime Lab Access Card and Biometric Fingerprint Systems Annual Report 2019
  32. Office of the District Attorney Crime Lab Digital and Multimedia Evidence Unit Software and Hardware Annual Report 2019
  33. Office of the District Attorney Crime Lab Security Cameras Annual Report 2019
  34. Office of the Medical Examiner-Coroner Digital Cameras Annual Report 2019
  35. Office of the Public Defender-Alternate Defender Data Extraction and Examination Equipment Annual Report 2019
  36. Office of the Public Defender-Alternate Defender Digital Audio Recorders Annual Report 2019
  37. Office of the Public Defender-Alternate Defender Digital Cameras Annual Report 2019
  38. Office of the Sheriff Automated License Plate Reader Technology Annual Report 2019
  39. Office of the Sheriff Body Worn Camera System Annual Report 2019
  40. Office of the Sheriff Callyo Mobile Bug Annual Report 2019
  41. Office of the Sheriff Command Vehicle Camera Annual Report 2019
  42. Office of the Sheriff Court Security and Safety Surveillance Equipment Annual Report 2019
  43. Office of the Sheriff Crisis Negotiations Team Emergency Notification Telephone Call Box and Rescue Phone System Annual Report 2019
  44. Office of the Sheriff Digital Cameras and Video Annual Report 2019
  45. Office of the Sheriff Digital Voice Recorders Annual Report 2019
  46. Office of the Sheriff Flash Camera Annual Report 2019
  47. Office of the Sheriff Integrated Helicopter Mapping System Annual Surveillance Report 2019
  48. Office of the Sheriff L3 In-Car Video Recording System Annual Report 2019
  49. Office of the Sheriff Live Scan Machines and Mobile ID Fingerprint Machines Annual Report 2019
  50. Office of the Sheriff Live Trac PT-10 Plus Global Positioning System Tracking Devices Annual Report 2019
  51. Office of the Sheriff Tactical Ball Cameras Annual Report 2019
  52. Office of the Sheriff Trail Cameras Annual Report 2019
  53. Office of the Sheriff VideOversight Interview Recording and Case Management System Annual Report 2019
  54. Office of the Sheriff Custody Bureau Booking Photograph Cameras Annual Report 2019
  55. Office of the Sheriff Custody Bureau Facility Security Cameras for Main Jail North and Elmwood Annual Report 2019
  56. Office of the Sheriff Custody Bureau Handheld Digital Cameras Annual Report 2019
  57. Office of the Sheriff Custody Bureau Inmate Telephone Monitoring System Annual Report 2019
  58. Office of the Sheriff Custody Bureau Safety and Security Surveillance Equipment Annual Report 2019
  59. Probation Department Juvenile Hall Video Security System Annual Report 2019
  60. Probation Department William F. James Ranch Video Security System Annual Report 2019
  61. Technology Services and Solutions Security Cameras Annual Report 2019

Multiple Recommendations

Possible action:

              a.              Receive report from the Office of the County Executive with a summary of all requests for Board approval and all notifications and Surveillance Use Policies received by the Board pursuant to Ordinance Code section A40-2 or section A40-5.

              b.              Receive Annual Surveillance Reports for the following:

              i.               Clerk of the Board of Supervisors - Audiovisual Recording Devices

              ii.               Consumer and Environmental Protection Agency - Audio Recorders

              iii.               Consumer and Environmental Protection Agency - Digital Cameras

              iv.               Consumer and Environmental Protection Agency - Vector Control System Campus Security Cameras

              v.               County Communications - 9-1-1 Audio Recording System

              vi.               County Communications - Video Cameras Used for Facility Security

              vii.               Countywide - Badge/Password-Access Technology for Multifunction Printer/Copying Machines

              viii.               Countywide - Computers and Mobile phones with Audiovisual Recording Capabilities

              ix.               Countywide - Facility Access Control Technology

              x.               Department of Child Support Services - ExacqVision Video Security System

              xi.               Department of Parks and Recreation - Aerial Cameras and Global Positioning System Technologies

              xii.               Department of Parks and Recreation - Closed-Circuit Cameras

              xiii.               Department of Planning and Development - Audio Recorders

              xiv.               Department of Planning and Development - Digital Cameras

              xv.               Facilities and Fleet Department - Security Cameras and Collected Data within the Facilities and Fleet Department

              xvi.               Facilities and Fleet Department - Telematics, A Vehicle Fleet Management Tool

              xvii.               Finance Agency - Security Cameras

              xviii.               Office of the Assessor - Digital Cameras Used to Assess Property

              xix.               Office of the County Counsel - Digital Audio Recorders

              xx.               Office of the County Counsel - Digital Cameras

              xxi.               Office of the County Counsel - Network Server Camera

              xxii.               Office of the County Executive - Digital Cameras

              xxiii.               Office of the County Executive Equal Opportunity Department - Audio Recorders

              xxiv.               Office of the County Executive Reentry Resource Center - Security Cameras

              xxv.               Office of the District Attorney and Office of the Sheriff - County Government Center Security Camera Guidelines

              xxvi.               Office of the District Attorney - Data Extraction/Examination Forensic Tools and Software

              xxvii.               Office of the District Attorney - Digital Recorders

              xxviii.               Office of the District Attorney - Video Surveillance and Recording of Evidence Storage Facility

              xxix.               Office of the District Attorney Crime Lab - Access Card and Biometric Fingerprint Systems

              xxx.               Office of the District Attorney Crime Lab - Digital and Multimedia Evidence Unit Software and Hardware

              xxxi.               Office of the District Attorney Crime Lab - Security Cameras

              xxxii.               Office of the Medical Examiner-Coroner - Digital Cameras

              xxxiii.               Office of the Public Defender/Alternate Defender - Data Extraction and Examination Equipment

              xxxiv.               Office of the Public Defender/Alternate Defender - Digital Audio Recorders

              xxxv.               Office of the Public Defender/Alternate Defender - Digital Cameras

              xxxvi.               Office of the Sheriff - Automated License Plate Reader Technology

              xxxvii.               Office of the Sheriff - Body Worn Camera System

              xxxviii.               Office of the Sheriff - Callyo Mobile Bug

              xxxix.               Office of the Sheriff - Command Vehicle Camera

              xl.               Office of the Sheriff - Court Security and Safety Surveillance Equipment

              xli.               Office of the Sheriff - Crisis Negotiations Team Emergency Negotiation Telephone Call Box and Rescue Phone System

              xlii.               Office of the Sheriff - Digital Cameras and Video

              xliii.               Office of the Sheriff - Digital Voice Recorders

              xliv.               Office of the Sheriff - Flash Camera

              xlv.               Office of the Sheriff - Integrated Helicopter Mapping System

              xlvi.               Office of the Sheriff - L3 In-Car Video Recording System

              xlvii.               Office of the Sheriff - Live Scan Machines and Mobile ID Fingerprint Machines

              xlviii.               Office of the Sheriff - Live Trac PT-10 Plus Global Positioning System Tracking Devices

              xlix.               Office of the Sheriff - Tactical Ball Cameras

              l.               Office of the Sheriff - Trail Cameras

              li.               Office of the Sheriff - VideOversight Interview Recording and Case Management System

              lii.               Office of the Sheriff Custody Bureau - Booking Photograph Cameras

              liii.               Office of the Sheriff Custody Bureau - Facility Security Cameras for Main Jail North and Elmwood

              liv.               Office of the Sheriff Custody Bureau - Handheld Digital Cameras

              lv.               Office of the Sheriff Custody Bureau - Inmate Telephone Monitoring

              lvi.               Office of the Sheriff Custody Bureau - Safety and Security Surveillance Equipment

              lvii.               Probation Department - Juvenile Hall Video Security System

              lviii.               Probation Department - William F. James Ranch Video Security System

              lix.               Technology Services and Solutions - Security Cameras

              c.              Adopt finding that the benefits to the impacted County department(s) and the community of the surveillance technology outweigh the costs, and that reasonable safeguards exist to address reasonable concerns regarding privacy, civil liberties, and civil rights impacted by deployment of the above-listed surveillance technology.

Body

FISCAL IMPLICATIONS

Approval of the recommended actions will have no fiscal impact.

REASONS FOR RECOMMENDATION

On June 21, 2016 (Item No. 180), the Board of Supervisors unanimously approved final adoption of the Surveillance-Technology and Community-Safety Ordinance (“Ordinance”)

Annual Report Providing Summary of Requests, Notifications, and Receipt of Surveillance Use Policies

Section A40-6, subsection (c) of the Ordinance provides:

No later than January 15 of each fiscal year, the Board shall hold a public meeting, with Annual Surveillance Reports agendized on the regular (non-consent) calendar, and publicly release a report that includes the following information for the prior year:

(1) A summary of all requests for Board approval and all notifications and Surveillance Use Policies received by the Board pursuant to Section A40-2 or Section A40-5 of this Division, including whether the Board approved, rejected, or received the proposal or notification, and/or required changes to a proposed Surveillance Use Policy before approval; and

(2) All Annual Surveillance Reports submitted.

Attached is a chart summarizing the Surveillance Use Policies submitted to the Board for approval or receipt since the Ordinance’s effective date.

Receipt of Annual Surveillance Reports and Findings regarding Benefits and Reasonable Safeguards

Section A40-6, subsection (a) of the Ordinance provides that a County department that obtained approval for the use of surveillance technology or the information it provides must submit an Annual Surveillance Report within 12 months of Board approval, and annually thereafter on or before November 1.  An Annual Surveillance Report is also required if the Board received but did not approve a Surveillance Use Policy from the Sheriff’s Office or District Attorney’s Office because of limitations of the Board’s authority under Government Code section 25303.  There are 59 Surveillance Use Policies in effect that required an Annual Surveillance Report to be submitted on or before November 1, 2019:

Department

Name of Surveillance Use Policy

Date of Board Approval / Action

Clerk of the Board of Supervisors

Audiovisual Recording Devices

10/16/2018

Consumer & Environmental Protection Agency

Audio Recorders

10/16/2018

Consumer & Environmental Protection Agency

Digital Cameras

10/16/2018

Consumer & Environmental Protection Agency

Vector Control System Campus Security Cameras

10/16/2018

County Communications Department

9-1-1 Audio Recording System

10/30/2018

County Communications Department

Video Cameras Used for Facility Security

10/30/2018

Countywide

Badge/Password-Access Technology for Multifunction Printer/Copying Machines

10/16/2018

Countywide

Computers and Mobile Phones with Audiovisual Recording Capabilities

10/16/2018

Countywide

Facility Access Control Technology

10/16/2018

Department of Child Support Services

ExacqVision Video Security System

10/30/2018

Department of Parks & Recreation

Aerial Cameras and Global Positioning System Technologies

10/30/2018

Department of Parks & Recreation

Closed-Circuit Cameras

10/30/2018

Department of Planning and Development

Audio Recorders

10/30/2018

Department of Planning and Development

Digital Cameras

10/30/2018

Facilities and Fleet

Security Cameras and Collected Data within the Facilities and Fleet Department

10/16/2018

Facilities and Fleet

Telematics, A Vehicle Fleet Management Tool

10/16/2018

Finance Agency

Security Cameras

10/30/2018

Office of the Assessor

Digital Cameras Used to Assess Property

11/20/2018

Office of the County Counsel

Digital Audio Recorders

11/20/2018

Office of the County Counsel

Digital Cameras

11/20/2018

Office of the County Counsel

Network Server Camera

11/20/2018

Office of the County Executive

Digital Cameras

11/20/2018

Office of the County Executive Equal Opportunity Department

Audio Recorders

11/20/2018

Office of the County Executive Reentry Resource Center

Security Cameras

11/20/2018

Office of the District Attorney

County Government Center Security Camera Guidelines

06/23/15

(guidelines approved prior to adoption of Ordinance; used as sample of a Surveillance Use Policy)

Office of the District Attorney

Data Extraction/Examination Forensic Tools Software

01/15/2019

Office of the District Attorney

Digital Recorders

01/15/2019

Office of the District Attorney

Video Surveillance and Recording of Evidence Storage Facility

01/15/2019

Office of the District Attorney - Crime Lab

Access Card and Biometric Fingerprint Systems

01/15/2019

Office of the District Attorney - Crime Lab

Digital and Multimedia Evidence Unit Software and Hardware

01/15/2019

Office of the District Attorney - Crime Lab

Security Cameras

01/15/2019

Office of the Medical Examiner-Coroner

Digital Cameras

11/20/2018

Office of the Public Defender/Alternate Defender

Data Extraction and Examination Equipment

01/29/2019

Office of the Public Defender/Alternate Defender

Digital Audio Recorders

11/20/2018

Office of the Public Defender/Alternate Defender

Digital Cameras

11/20/2018

Office of the Sheriff

Automated License Plate Reader (ALPR) Technology

08/28/2018

Office of the Sheriff

Body Worn Camera System

01/24/2017

Office of the Sheriff

Callyo Mobile Bug

08/28/2018

Office of the Sheriff

Command Vehicle Camera

08/14/2018

Office of the Sheriff

Court Security and Safety Surveillance Equipment

08/14/2018

Office of the Sheriff

Crisis Negotiations Team Emergency Negotiation Telephone Call Box and Rescue Phone System

08/28/2018

Office of the Sheriff

Digital Cameras and Video

08/14/2018

Office of the Sheriff

Digital Voice Recorders

08/28/2018

Office of the Sheriff

Flash Camera

08/14/2018

Office of the Sheriff

Integrated Helicopter Mapping System

10/04/2016

Office of the Sheriff

L3 In-Car Video Recording System ("Dash Cam System")

08/14/2018

Office of the Sheriff

Live Scan Machines and Mobile ID Fingerprint Machines

08/28/2018

Office of the Sheriff

Live Trac PT-10 Plus Global Positioning System Tracking Devices

08/28/2018

Office of the Sheriff

Tactical Ball Cameras

08/14/2018

Office of the Sheriff

Trail Cameras

08/14/2018

Office of the Sheriff

VideOversight Interview Recording and Case Management System

08/28/2018

Office of the Sheriff Custody Bureau

Booking Photograph Cameras

01/15/2019

Office of the Sheriff Custody Bureau

Custody Bureau Facility Security Cameras - Main Jail North and Elmwood

02/07/2017

Office of the Sheriff Custody Bureau

Handheld Digital Cameras

01/15/2019

Office of the Sheriff Custody Bureau

Inmate Telephone Monitoring

01/15/2019

Office of the Sheriff Custody Bureau

Safety and Security Surveillance Equipment

08/14/2018

Probation Department

Juvenile Hall Video Security System

01/24/2017

Probation Department

William F. James Ranch Video Security System

11/20/2018

Technology Services and Solutions

Security Cameras

10/30/2018

 

Annual reports for these 59 Surveillance Use Policies were preliminarily submitted to the Board at its October 22, 2019 (Item No. 53) meetingBased on the preparation and submittal timelines, the Annual Surveillance Reports due on or before November 1st of each year will generally cover the period from September 1st of the prior year to August 31st of the current year.  For those Surveillance Use Policies approved prior to August 14, 2018, the Annual Reports cover the full period.  For those Surveillance Use Policies approved after August 14, 2018, the Annual Reports cover the period from Board approval through August 31, 2019. 

An “Annual Surveillance Report” is a written report concerning specific surveillance technology that includes all of the following:

(1) A description of how the surveillance technology was used, including whether it captured images, sound, or information regarding members of the public who are not suspected of engaging in unlawful conduct;

(2) Whether and how often data acquired through the use of the surveillance technology 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;

(3) A summary of community complaints or concerns about the surveillance technology;

(4) The results of any non-privileged internal audits, any information about violations of the Surveillance Use Policy, and any actions taken in response;

(5) Whether the surveillance technology has been effective at achieving its identified purpose;

(6) Statistics and information about 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.

Section A40-6, subsection (b) of the Ordinance provides:

Based upon information provided in the Annual Surveillance Report, the Board shall determine whether the benefits to the impacted County department(s) and the community of the surveillance technology outweigh the costs and whether reasonable safeguards exist to address reasonable concerns regarding privacy, civil liberties, and civil rights impacted by deployment of the surveillance technology.  If the benefits or reasonably anticipated benefits do not outweigh the costs or civil liberties or civil rights are not reasonably safeguarded, the Board shall consider:

(1) Directing that the use of the surveillance technology cease;

(2) Requiring modification to the Surveillance Use Policy that are designed to address the Board’s concerns; and/or

(3) Directing a report-back from the department regarding steps taken to address the Board’s concerns.

County Administration requests that the Board receive the Annual Surveillance Reports and make a finding for each as required under Ordinance Code section A40-6, subsection (b).

CHILD IMPACT

The recommended action will have no/neutral impact on children and youth.

SENIOR IMPACT

The recommended action will have no/neutral impact on seniors.

SUSTAINABILITY IMPLICATIONS

The recommended action will have no/neutral sustainability implications.

BACKGROUND

On June 21, 2016 (Item No. 180), the Board of Supervisors unanimously approved final adoption of the Ordinance

New Technologies

To comply with the Ordinance, departments are required to submit a Surveillance Use Policy before: (1) acquiring new surveillance technology, including, but not limited to, procuring that technology without the exchange of monies or other consideration; (2) using surveillance technology for a purpose, in a manner, or in a location not previously approved by the Board; or (3) entering into an agreement with a non-County entity to acquire, share, or otherwise use surveillance technology.  With the exception of the Sheriff’s Office and District Attorney’s Office, departments must also submit a Surveillance Use Policy before entering into an agreement with a non-County entity to acquire, share, or otherwise use information that surveillance technology provides.

Existing Technologies

Each County department possessing or using surveillance technology before the effective date of the Ordinance was required to submit a proposed Surveillance Use Policy for that surveillance technology specifying the purpose, authorized and prohibited uses, information/data that can be collected, data access, data protection, data retention, public access, third-party data sharing, training, and oversight mechanisms.  The Office of the County Counsel approved draft policies as to form and legality, and the Board of Supervisors received them at its January 10, 2017 (Item No. 21), and April 11, 2017 (Item No. 22) meetings. 

Since the impact of adopting these policies may be subject to the meet and confer process, the Labor Relations Department provided notice of the proposed policies to the labor organizations, and, when requested, met and conferred with labor organizations over the potential impact of the policies.

At the August 10, 2017 (Item No. 5) Finance and Government Operations Committee (“Committee”) meeting, the Committee requested that Administration submit completed policies to the Committee in order to provide a forum for public and Committee discussion.  At the September 14, 2017 (Item No. 7) Committee meeting, the Committee requested further information be included in the policies prior to continued consideration

Administration and County Counsel revised the proposed Policies, the Labor Relations Department provided notice of the revised policies to unions, and the policies were submitted in batches to the CommitteeFollowing the Committee’s favorable recommendation, policies have been submitted to the Board of Supervisors for consideration.

CONSEQUENCES OF NEGATIVE ACTION

The Board will not: (1) receive the Annual Report providing a summary of requests, notifications, and receipt of Surveillance Use Policies; (2) receive the Annual Surveillance Reports for Surveillance Use Policies requiring a report by November 1, 2019; and (3) make findings as required under Ordinance Code section A40-6, subsection (b) based upon the information provided in each Annual Surveillance Reports

STEPS FOLLOWING APPROVAL

The Clerk of the Board shall send notification of the Board’s action to Miguel Márquez, Chief Operating Officer; Rob Coelho, Assistant County Counsel; and Kim Forrester, County Counsel Legal and Compliance Officer.

Meeting History

Jan 14, 2020 9:30 AM Video Board of Supervisors Regular Meeting

Held to February 11, 2020 at the request of Supervisor Simitian.

RESULT:HELD [UNANIMOUS]Next: 2/11/2020 9:30 AM
MOVER:Mike Wasserman, Vice President
SECONDER:Dave Cortese, Supervisor
AYES:Mike Wasserman, Cindy Chavez, Dave Cortese, Susan Ellenberg, S. Joseph Simitian
Feb 11, 2020 9:30 AM Video Board of Supervisors Regular Meeting

Taken out of order after Item No. 33.

The Board received the report and the annual surveillance reports and adopted findings, with the exception of Office of the Sheriff - Automated License Plate Reader Technology; Office of the Sheriff - Body Worn Camera System; Office of the Sheriff - Command Vehicle Camera; and Office of the Sheriff - L3 In-Car Video Recording System.

At the request of President Chavez, the Board requested that the Office of the Sheriff report to the Board on date uncertain following discussion between Supervisorial District Five and the Office of the Sheriff regarding replacement of obsolete equipment.

RESULT:APPROVED AS AMENDED [UNANIMOUS]
MOVER:S. Joseph Simitian, Supervisor
SECONDER:Cindy Chavez, President
AYES:Mike Wasserman, Cindy Chavez, Dave Cortese, Susan Ellenberg, S. Joseph Simitian