The County of Santa Clara
California

Report
91296

Receive updated Surveillance Technology Use Policies for existing Sheriff's Office surveillance technologies and provide direction to Administration relating to submission of the updated policies to the Board of Supervisors for receipt and/or approval. (Office of the County Executive) (Held from May 10, 2018, Finance and Government Operations Committee, Item No. 8)

Information

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

Attachments

  1. Office of the Sheriff - Automated License Plate Reader Technology Surveillance Use Policy
  2. Office of the Sheriff - Automated License Plate Reader Technology Surveillance Use Policy (Redlined Since Preliminary Submission in 2017)
  3. Office of the Sheriff - Callyo Mobile Bug Surveillance Use Policy
  4. Office of the Sheriff - Callyo Mobile Bug Surveillance Use Policy (Redlined Since Preliminary Submission in 2017)
  5. Office of the Sheriff - Command Vehicle Camera Surveillance Use Policy
  6. Office of the Sheriff - Command Vehicle Camera Surveillance Use Policy (Redlined Since Preliminary Submission in 2017)
  7. Office of the Sheriff - Court Security and Safety Surveillance Equipment Surveillance Use Policy
  8. Office of the Sheriff - Court Security and Safety Surveillance Equipment Surveillance Use Policy (Redlined Since Preliminary Submission in 2017)
  9. Office of the Sheriff - Court Security Video Cameras Surveillance Use Policy
  10. Office of the Sheriff - Court Security Video Cameras Surveillance Use Policy (Redlined Since Preliminary Submission in 2017)
  11. Office of the Sheriff - Crisis Negotiations Team ENT Call Box and Rescue Phone System Surveillance Use Policy
  12. Office of the Sheriff - Crisis Negotiations Team ENT Call Box and Rescue Phone System Surveillance Use Policy (Redlined Since Preliminary Submission in 2017)
  13. Office of the Sheriff - Digital Cameras and Video Surveillance Use Policy
  14. Office of the Sheriff - Digital Cameras and Video Surveillance Use Policy (Redlined Since Preliminary Submission in 2017)
  15. Office of the Sheriff - Digital Voice Recorders Surveillance Use Policy
  16. Office of the Sheriff - Digital Voice Recorders Surveillance Use Policy (Redlined Since Preliminary Submission in 2017)
  17. Office of the Sheriff - Facial Recognition Software Surveillance Use Policy
  18. Office of the Sheriff - Facial Recognition Software Surveillance Use Policy (Redlined Since Preliminary Submission in 2017)
  19. Office of the Sheriff - Flash Camera Surveillance Use Policy
  20. Office of the Sheriff - Flash Camera Surveillance Use Policy (Redlined Since Preliminary Submission in 2017)
  21. Office of the Sheriff - L3 In-Car Video Recording System (Dash Cam System) Surveillance Use Policy
  22. Office of the Sheriff - L3 In-Car Video Recording System (Dash Cam System) Surveillance Use Policy (Redlined Since Preliminary Submission in 2017)
  23. Office of the Sheriff - Live Scan Machines and Mobile ID Fingerprint Machines Surveillance Use Policy
  24. Office of the Sheriff - Live Scan Machines and Mobile ID Fingerprint Machines Surveillance Use Policy (Redlined Since Preliminary Submission in 2017)
  25. Office of the Sheriff - Live Trac PT-10 Plus Global Positioning System Tracking Devices Surveillance Use Policy
  26. Office of the Sheriff - Live Trac PT-10 Plus GPS Tracking Devices Surveillance Use Policy (Redlined Since Preliminary Submission in 2017)
  27. Office of the Sheriff - Tactical Ball Cameras Surveillance Use Policy
  28. Office of the Sheriff - Tactical Ball Cameras Surveillance Use Policy (Redlined Since Preliminary Submission in 2017)
  29. Office of the Sheriff - Trail Cameras Surveillance Use Policy
  30. Office of the Sheriff - Trail Cameras Surveillance Use Policy (Redlined Since Preliminary Submission in 2017)
  31. Office of the Sheriff - VideOversight Interview Recording and Case Management System Surveillance Use Policy
  32. Office of the Sheriff - VideOversight Interview Recording and Case Management System Surveillance Use Policy (Redlined Since Preliminary Submission in 2017)
  33. Office of the Sheriff Custody Bureau - Safety and Security Surveillance Equipment Surveillance Use Policy
  34. Office of the Sheriff Custody Bureau - Safety and Security Surveillance Equipment Surveillance Use Policy (Redlined Since Preliminary Submission in 2017)

Multiple Recommendations

a. Office of the Sheriff - Automated License Plate Reader Technology
b. Office of the Sheriff - Callyo Mobile Bug
c. Office of the Sheriff - Command Vehicle Camera
d. Office of the Sheriff - Court Security and Safety Surveillance Equipment
e. Office of the Sheriff - Court Security Video Cameras
f. Office of the Sheriff - Crisis Negotiations Team Emergency Negotiation Telephone Call Box and Rescue Phone System
g. Office of the Sheriff - Digital Cameras and Video
h. Office of the Sheriff - Digital Voice Recorders
i. Office of the Sheriff - Facial Recognition Software
j. Office of the Sheriff - Flash Camera
k. Office of the Sheriff - L3 In-Car Video Recording System ("Dash Cam System")
l. Office of the Sheriff - Live Scan Machines and Mobile ID Fingerprint Machines
m. Office of the Sheriff - Live Trac PT-10 Plus Global Positioning System Tracking Devices
n. Office of the Sheriff - Tactical Ball Cameras
o. Office of the Sheriff - Trail Cameras
p. Office of the Sheriff - VideOversight Interview Recording and Case Management System
q. Office of the Sheriff Custody Bureau - Safety and Security Surveillance Equipment

Body

FISCAL IMPLICATIONS

There are no fiscal implications associated with the Committee’s receipt of Surveillance Technology Use Policies.

REASONS FOR RECOMMENDATION

On June 21, 2016, the Board of Supervisors (“Board”) unanimously approved final adoption of the Surveillance-Technology and Community-Safety Ordinance, which became effective July 21, 2016.  The Office of the Sheriff prepared Surveillance-Technology Use Policies for existing technology (“Policies”) and preliminarily submitted those Policies to the April 11, 2017 Board of Supervisors meeting.  Seventeen of the Policies were submitted to the September 14, 2017 Finance and Government Operations Committee (“FGOC”) meeting for discussion.  At the request of FGOC, the Office of the Sheriff has clarified and edited the draft Policies for discussion by FGOC, and ultimately for Board review and approval. 

Attached are the following 17 proposed Policies for the Office of the Sheriff, which includes one proposed Policy for the Custody Bureau.  The Chief Privacy Officer has reviewed the proposed Policies and the Office of the County Counsel has approved them as to form and legality.  In addition, the proposed Policies have been posted for public access and consideration on https://www.sccgov.org/sites/ceo/srtup/Pages/home.aspx.

·        Office of the Sheriff - Automated License Plate Reader Technology

·        Office of the Sheriff - Ball Cameras

·        Office of the Sheriff - Callyo Mobile Bug

·        Office of the Sheriff - Command Vehicle Camera

·        Office of the Sheriff - Court Security and Safety Surveillance Equipment             

·        Office of the Sheriff - Court Security Video Cameras

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

·        Office of the Sheriff - Digital Cameras and Video

·        Office of the Sheriff - Digital Voice Recorders

·        Office of the Sheriff - Facial Recognition Software

·        Office of the Sheriff - Flash Camera

·        Office of the Sheriff - L3 In-Car Video Recording System ("Dash Cam System")

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

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

·        Office of the Sheriff - Trail Cameras

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

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

Since the impact of adopting these Policies may be subject to the meet and confer process with County labor organizations, following FGOC consideration and direction, the Labor Relations Department will provide notice of the updated Policies to the labor organizations, and, when requested, will meet with individual labor organizations over the potential impact of the Policies. Thereafter, Policies will be presented to the Board of Supervisors for consideration.

CHILD IMPACT

The recommended action will provide parents, caregivers, and youth with information about surveillance technologies that may be used by the County.

SENIOR IMPACT

The recommended action will provide seniors and/or those who care for seniors with information about surveillance technologies that may be used by the County.

SUSTAINABILITY IMPLICATIONS

The recommended action will have no/neutral sustainability implications.

BACKGROUND

On June 21, 2016, the Board unanimously approved final adoption of the Surveillance-Technology and Community-Safety Ordinance, which became effective July 21, 2016.  County departments with existing surveillance technology as of July 21, 2016, drafted a Policy for each technology.  Consistent with the Ordinance, each Policy is required to specify 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 Board received the draft Policies at its January 10, 2017 and April 11, 2017 meetings.  One additional draft Policy for existing technology was submitted to the Board on May 9, 2017. Following preliminary submission to the Board, the Labor Relations Department provided notice of the proposed departmental Policies to the labor organizations, and, when requested, conducted, meet and confers with individual labor organizations over the potential impact of the Policies.

At the August 10, 2017 FGOC meeting, Administration submitted a status report on the Policies, including the status of meetings with labor organizations.  FGOC requested that Administration submit the completed policies to FGOC in order to provide a forum for public and Committee discussion, prior to submittal to the Board of Supervisors.

Seventeen proposed Policies for the Office of the Sheriff were submitted to the September 14, 2017 FGOC meeting.  FGOC requested that Administration and County Counsel work with departments to clarify and revise the draft Policies prior to further FGOC discussion.  Administration and County Counsel have done so regarding the 17 proposed Policies for the Office of the Sheriff, and those updated Policies are now being submitted to FGOC.

Administration and County Counsel anticipate returning to each FGOC meeting through September 2018, and each Board meeting from August through November 2018, with additional updated Policies from other County departments based on the schedule that Administration and County Counsel submitted to the Board at its April 17, 2018 meeting. 

CONSEQUENCES OF NEGATIVE ACTION

The Committee would not receive the proposed Surveillance Technology Use Policies for discussion.

 

Meeting History

May 10, 2018 2:00 PM Video Finance and Government Operations Committee Regular Meeting

Held to date uncertain at the request of Chairperson Simitian.

RESULT:HELD [UNANIMOUS]
MOVER:Cindy Chavez, Vice Chairperson
SECONDER:S. Joseph Simitian, Chairperson
AYES:S. Joseph Simitian, Cindy Chavez
May 24, 2018 2:00 PM Video Finance and Government Operations Committee Special Meeting

Held at the request of Chairperson Simitian.

RESULT:HELD [UNANIMOUS]Next: 6/14/2018 2:30 PM
MOVER:Cindy Chavez, Vice Chairperson
SECONDER:S. Joseph Simitian, Chairperson
AYES:S. Joseph Simitian, Cindy Chavez