The County of Santa Clara
California

Report
89480

Held from January 23, 2018 (Item No. 28): 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

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

              ii.               Office of the Sheriff - Integrated Helicopter Mapping System

              iii.               Office of the Sheriff - Body Worn Camera System

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

              v.               Probation Department - Juvenile Hall Video Security System

              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 surveillance technology for the following:

              i.               Office of the District Attorney - County Government Center Security Camera Guidelines

              ii.               Office of the Sheriff - Integrated Helicopter Mapping System

              iii.               Office of the Sheriff - Body Worn Camera System

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

              v.               Probation Department - Juvenile Hall Video Security System

Body

FISCAL IMPLICATIONS

Approval of the recommended actions will have no fiscal impact.

REASONS FOR RECOMMENDATION

On June 21, 2016, 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.

As of December 31, 2017, there are five Surveillance Use Policies in effect requiring an Annual Surveillance Report:

Department

Name of Surveillance Use Policy

Date of Board Action

Office of the District Attorney

County Government Center Security Camera Guidelines

 

June 23, 2015 (Item #17) guidelines approved prior to adoption of Ordinance; used as sample of a Surveillance Use Policy.

Office of the Sheriff

Integrated Helicopter Mapping System

 

October 4, 2016 (Item # 16) Board approved as amended.

Office of the Sheriff

Body Worn Camera System

 

January 24, 2017 (Item #13) Board approved as amended.

Office of the Sheriff Custody Bureau

Facility Security Cameras for Main Jail North and Elmwood

 

February 7, 2017 (Item #17) Board approved as amended.

Probation Department

Juvenile Hall Video Security System

 

January 24, 2017 (Item #18) Board approved as amended.

 

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.

The Board is requested to 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, 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 proposed policies as to form and legality, and the Board of Supervisors received them at its January 10, 2017, and April 11, 2017 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, has conducted meet and confers with labor organizations over the potential impact of the policies.

At the August 10, 2017 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 Committee meeting, the Committee requested further information be included in the policies prior to continued 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 currently in effect; 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, and Rob Coelho, Assistant County Counsel.

Meeting History

Jan 9, 2018 9:30 AM Video Board of Supervisors Regular Meeting

Held to January 23, 2018 at the request of President Simitian.

RESULT:HELD [UNANIMOUS]Next: 1/23/2018 9:30 AM
MOVER:Cindy Chavez, Vice President
SECONDER:Mike Wasserman, Supervisor
AYES:Mike Wasserman, Cindy Chavez, Dave Cortese, Ken Yeager, S. Joseph Simitian
Jan 23, 2018 9:30 AM Video Board of Supervisors Regular Meeting

Held to March 6, 2018 at the request of Administration.

RESULT:HELD [UNANIMOUS]Next: 3/6/2018 9:30 AM
MOVER:Cindy Chavez, Vice President
SECONDER:Mike Wasserman, Supervisor
AYES:Mike Wasserman, Cindy Chavez, Dave Cortese, Ken Yeager, S. Joseph Simitian
Mar 6, 2018 9:30 AM Video Board of Supervisors Regular Meeting
RESULT:APPROVED [UNANIMOUS]
MOVER:S. Joseph Simitian, President
SECONDER:Ken Yeager, Supervisor
AYES:Mike Wasserman, Cindy Chavez, Dave Cortese, Ken Yeager, S. Joseph Simitian