The County of Santa Clara
California

Report
84164
Approved as Amended
Jan 24, 2017 9:30 AM

Held from January 10, 2017 (Item No. 22): Consider recommendations relating to Body Worn Cameras. (Office of the Sheriff)

Information

Department:Office of the SheriffSponsors:
Category:ReportProjects:Surveillance Technology

Multiple Recommendations

Possible action:
a. Receive Anticipated Surveillance Impact Report for Body Worn Cameras.
b. Adopt finding that the benefits of the surveillance technology outweigh the costs pursuant to Section A40-4 of the Santa Clara County Ordinance Code.
c. Approve Proposed Surveillance Use Policy for Body Worn Cameras for Office of the Sheriff, that has been reviewed and approved by County Counsel as to form and legality.
d. Approve Request for Appropriation Modification No. 113 - $1,136,002 transferring $721,492 from the Special Programs Budget and transferring $414,510 from the Information Services Department budget to the Office of the Sheriff and Sheriff-DOC Contract budgets, relating to the addition of four positions, training, and equipment to support the body worn camera program. (Roll Call Vote)

Body

FISCAL IMPLICATIONS

There are no fiscal implications associated with the approval of Recommended Actions A, B, and C

Approval of  Recommended Action D would increase revenues and expenditures in the amount of $1,136,002 in the Sheriff’s Office Fiscal Year 2017 budget.  The funding increase would support $414,510 in equipment costs; $422,000 in one-time overtime costs related to training; and $299,492 salary costs in Fiscal Year 2017.

The salary and equipment costs for Fiscal Year 2018 would be incorporated in the County Executive’s Recommended Budget for Fiscal Year 2018.      

Equipment Costs

In the FY2016 Recommended Budget, the County allocated a one-time funding of $750,000 and an ongoing funding of $17,000 to equip Sheriff’s Office enforcement staff and Probation Department armed staff with body-worn cameras under the Special Programs and Reserves budget.  In the FY2017 Recommended Budget, the County allocated $715,000 and projected an additional $500,000 over a three-year period to equip Custody Bureau and Consumer Environmental Protection Agency staff with body-worn cameras under the Information Services Department budget.

The total five-year cost of the equipment including licensing, storage and other related costs is $3,900,684.  The contract amount of $3,980,684 includes $80,000 in contingency fees that are not guaranteed to the vendor. 

The total five-year cost of the contract would exceed the total allocated budget for body-worn cameras.  Based on an implementation schedule that is projected to begin in January 2017, equipment costs would be $414,510 for Fiscal Year 2017, $979,098 for Fiscal Year 2018, and $835,692 each for Fiscal Years 2019, 2020 and 2021.  Additional funding would be required to cover equipment costs for Fiscal Years 2019, 2020, and 2021.

Salary and Overtime Costs

The funding increase would support FY 2017 Personnel Costs of $721,492:

·        One-time overtime costs for training.  Use of the body-worn cameras would eventually be part of the Academy curriculum for new deputies.

·        Addition of one Deputy Sheriff and two Senior Training & Staff Development Specialist or Sheriff’s Training Specialist positions in the Office of the Sheriff, and one Sheriff’s Correctional Deputy or Correctional Officer position in the Sheriff-DOC Contract. 

REASONS FOR RECOMMENDATION

Pursuant to Section A40-2(b) of the Santa Clara County Ordinance Code, the Sheriff’s Office must notify and obtain approval from the Board at a properly-noticed public meeting on the regular calendar before acquiring new surveillance technology.

Pursuant to Section A40-4 of the Santa Clara County Ordinance Code, “…the Board shall assess whether the benefits to the impacted County department(s) and the community of the surveillance technology outweigh the costs-including both the financial costs and reasonable concerns about the impact on and safeguards for privacy, civil liberties, and civil rights.  In their report submitted to the Board of Supervisors on September 15, 2015, the County Executive’s Office and County Counsel’s Office noted that empirical research links the use of body-worn cameras to improved officer behavior, improved citizen behavior, improved public perceptions of the police, reduction in the number of use of force incidents by officers, reduction in the degree of forced used by officers, decrease in the number of citizen complaints, expedited resolution of citizen complaints that are filed, and increased ease in resolving citizen complaints.  Additionally, body-worn cameras could be used as an additional resource to more effectively investigate allegations and incidents in the field or in the jails and is expected to save on costs associated with addressing those allegations and incidents. 

The additional positions would provide ongoing support for operational needs such as developing and updating training courses, providing training, systematically tracking and responding to records requests, coordinating policy compliance review meetings, and assisting with investigations.  Two of the four positions must be sworn deputies because they will also serve as the department’s subject matter training experts when providing testimony in court cases, and because body-worn camera training requires an element of job knowledge and experience in order to incorporate real-life experiences into the training curriculum.     

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 December 16, 2014 the Board directed Administration to report on the feasibility and desirability of using body-worn cameras by the Santa Clara County Sheriff’s Office.

On September 15, 2015 the County Executive’s Office and County Counsel’s Office submitted a report to the Board regarding the feasibility and advisability of the Sheriff’s Office using body-worn cameras.

The County’s Adopted Budget for Fiscal Year 2016 included a one-time funding of $750,000 and an ongoing allocation of $17,000 for the implementation and maintenance of body-worn cameras for the Sheriff’s Office enforcement staff and Probation Department armed staff.  It also included ongoing funding for one Information Systems Technician II position in the Sheriff’s Office to support the growing number of video capture devices, as well as digital media information requests.

The County’s Adopted Budget for Fiscal year 2017 included a one-time funding of $715,000 to implement body-worn cameras for badge personnel in the Sheriff’s Office Custody Bureau and Consumer and Environmental Protection Agency to increase accountability and transparency in the communities they serve.  The project was expected to be executed in two phases over the course of three years.  The total three-year project cost was estimated at $1,215,000.  It also included ongoing funding for one Sheriff’s Sergeant position to support the ongoing operations of body-worn cameras for the Department of Correction and the Sheriff’s Office.  

On June 21, 2016 the Board adopted the Surveillance-Technology and Community-Safety Ordinance.  The related legislative file included a notation that County Administration had suspended the acquisition of all surveillance equipment until the Board approved the ordinance, and that a reserve in the FY 2017 budget has been established to allow projects to move forward with the understanding that they must comply with the ordinance. 

On July 12, 2016 the Sheriff’s Office informed the Procurement Department that it wanted to acquire body-worn cameras for use by deputies in the field and by correctional officers in the jails.  The Procurement Department worked with the Sheriff’s Office to develop a Request for Proposal  

On November 21, 2016 the Sheriff’s Office conducted a Body-Worn Camera Community Meeting in the City of Cupertino.  The meeting was attended by members of the public, including representatives from the People Acting in Community Together (PACT) organization. Other than questions regarding obtaining a copy of the policy and the implementation date for the correctional facilities, the public was supportive of implementing the use of body-worn cameras.

CONSEQUENCES OF NEGATIVE ACTION

The Sheriff’s Office would not be able to move forward with the implementation of body-worn cameras.

Meeting History

Jan 10, 2017 9:30 AM Video Board of Supervisors Regular Meeting

Held at the request of Vice President Simitian.

RESULT:HELD [UNANIMOUS]Next: 1/24/2017 9:30 AM
MOVER:Cindy Chavez, Supervisor
SECONDER:Ken Yeager, Supervisor
AYES:Mike Wasserman, Cindy Chavez, Dave Cortese, Ken Yeager, S. Joseph Simitian
Jan 24, 2017 9:30 AM Video Board of Supervisors Regular Meeting

Seven individuals addressed the Board.

The Surveillance Use Policy was amended to incorporate the following changes: to change the wording from "an" to "a" in the second paragraph under Item No. 1 on page one; add "BWCs also provide transparency for the community as well as individual and organizational accountability. BWCs can help build community trust, improve conduct and behavior, and reinforce community policing," to the end of the first paragraph in the "Purpose" section; add Section ix entitled "Biometrics" to the policy to read as follows: "Pursuant to Section A40-2B of the Santa Clara County Ordinance Code, the Sheriff's office must notify and obtain approval from the Board at a properly noticed public meeting on the regular calendar before acquiring new surveillance technology. As such, the attached body worn camera anticipated impact report and use policy relate only to the acquisition and use of BWCs. The intent of the Sheriff's office is to use such equipment consistent with the purposes stated in the Body Worn Camera Surveillance Use Policy. Furthermore, the current purchase of Body Worn Cameras does not include biometric capabilities. If at some future point, the Sheriff's Office decided to consider biometric additions for its BWC program to enhance public safety, it would be obligated to bring the BWC Surveillance Use Policy back to the Board of Supervisors for review and consideration, in alignment with the County's Surveillance Ordinance as defined in Section A40 (Surveillance-Technology and Community-Safety)"; change "up to" to "no longer than" in the second and fourth items in the Retention section; incorporate "makes footage available to individuals filing police misconduct complaints unless prohibited by law as determined by County Counsel and consistent with necessary privacy protections to protect the privacy interests of other parties who may be in the footage" into the policy; add a glossary definition of "delete" into the policy; and, add "all BWC recordings and files" in the Retention section.

The Board received the Anticpated Surveillance Impact report, adopted finding that the benefits of the surveillance technology outweigh the costs, and approved Request for Modification No. 113; with the stipulation that all approvals are contingent on the incorporation of BWC equipment training at the Academy.

At the request of Supervisor Chavez, the Board directed Administration to report to the Finance and Government Operations Committee or Public Safety and Justice Committee on date uncertain relating to the public education component of the Body Worn Camera policy.

At the request of Vice President Simitian, the Board directed Administration to collaborate with the Office of the Sheriff to report to the Board six months after Body Worn Camera equipment has been implemented to identify possible changes to the use policy.

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