HomeMy WebLinkAboutHonorable Brett Dorian Video Policing Auditor ServicesCity of
rr1C�' ��►� REPORT TO THE CITY COUNCIL
October 21, 2008
FROM: JERRY P. DYER, Chief of Police
Police Department
BY: BURKE FARRAH, LIEUTENANT
Crime View Bureau Commander
AGENDA ITEM NO. } C
COUNCIL MEETING 10/21/08
APPROVED BY
DEPARTMENT DIRECTO `
CITY MANAGER
SUBJECT: APPROVE CONTRACT WITH THE HONORABLE BRETT DORIAN FOR VIDEO POLICING
PROJECT AUDITING SERVICES
KEY RESULT AREA
Public Safety
RECOMMENDATIONS
Presented to City Council
Date /o/2//07
Disposition 'Po'c"a Ti1e.�f_
QIIJ
It is recommended that the Council approve the Honorable Brett Dorian as the Video Policing Project
Auditor, and approve the accompanying service contract, which has been "approved as to form" by the
Fresno City Attorney's Office.
EXECUTIVE SUMMARY
Council approved the Video Policing Project Policy and Guidelines Manual, containing a number of
safeguards and procedures designed to ensure the professional and legal implementation of the program.
Chief among these is appointment of an auditor, approved by the Council and Police Department,
responsible for an annual review of all facets of the project. The Police Department is requesting Council
approval of the Honorable Brett Dorian, retired federal bankruptcy judge, as the Video Policing Project
Auditor, consistent with the attached contract for his services.
KEY OBJECTIVE BALANCE
The acceptance of this appointment and contract balances the three Key Objectives of Customer
Satisfaction, Employee Satisfaction and prudent Financial Management. It increases Customer Satisfaction
by ensuring compliance with existing safeguards and increasing the confidence the community has in its
Police Department. Employee Satisfaction is increased by ensuring appropriate policies and guidelines are
clear, concise, and effective. Prudent Financial Management is achieved through the generous donation of
time and service by Judge Dorian to reduce liability, manage risk, and ensure effective safeguards are
followed in the Video Policing Project.
BACKGROUND
The Video Policing Project Policy and Guidelines adopted by Council in September 2006 states:
"Use of the system will be regularly audited annually by a mutually agreed upon person between the FPD
and a majority of the Fresno City Council, preferably a retired Federal judge. The report will address
SUBJECT TO MAYOR'S VETO
Report to City Council
Video Policing Project Auditor
August 19, 2008
Page 2
compliance issues with this policy manual and any audits of operators and the subsequent findings. The
report will be sent to the Fresno City Council, the Chief of Police and the Mayor's Office. "
We are pleased to present the Honorable Brett Dorian to Council for your approval as the Video Policing
Project Auditor. Judge Dorian was born in Syracuse, N.Y., in 1934, and relocated with his family to
San Francisco in 1937. After graduating from high school, he enlisted in the U.S. Army in 1952 and was
honorably discharged after three years of service, including a tour in Japan during the Korean War. In 1959,
he graduated magna cum laude from San Francisco State University with a Bachelor's degree in
International Relations, and in 1962 graduated in the top 5% of his class at Berkeley Law. He has been a
member of the California State Bar since 1963, clerked with the California Court of Appeal in San Francisco,
served as a Madera County Deputy District Attorney, and was the first Executive Director of Fresno County
Legal Services where he served for nine years. Judge Dorian served in private practice for 13 years before
his appointment to the Federal bench in 1988. He "retired" in 2001, but continued in active service as a
recalled judge until February 2008.
On October 29, 2001, Congressman George Radanovich remarked in the Congressional Record:
"During Judge Dorian's tenure on the bench he has earned a reputation as a brilliant jurist committed to
following the law and protecting the rights of the citizens and persons who appeared before him. Judge
Dorian has done many things for our community, the courts and the nation. "
Judge Dorian has been married to his wife, Ceceila, for 42 years, and has three children and five
grandchildren. His daughter-in-law, Melanie Dorian, is in her first year of service as a Fresno Police Officer.
Judge Dorian has thoroughly reviewed the Video Policing Project Policy and Guidelines Manual, has met
key members of the Video Policing Team, and is looking forward to assuming the responsibilities as Project
Auditor. To improve his personal understanding of the project, he has received a short demonstration of our
existing equipment and monitoring system, and requested enrollment in operator training. We are confident
Judge Dorian possesses the background, knowledge, interest and character necessary to faithfully serve the
community as the Video Policing Project Auditor.
FISCAL IMPACT
Approval of the Honorable Brett Dorian, as the Video Policing Project Auditor, and the accompanying
contract for his services, will result in minor expenditures currently budgeted to the Video Policing Project,
for the reimbursement of mileage expenses. Judge Dorian is volunteering his time and services to provide
accountability and recommendations for the Video Policing Project.
JD:BAF:pgh
10/07/08
Attachments: Contract for Services
Video Policing Project Policy and Guidelines Manual
CITY OF FRESNO
City Clerk's Office (Original) AGREEMENT
CITY OF FRESNO, CALIFORNIA
VIDEO POLICING AUDITOR SERVICES
THIS AGREEMENT is made and entered into effective the .i/Zo', 2008,
by and between the CITY OF FRESNO, a California municipal corporation (hereinafter referred
to as "CITY"), and BRETT DORIAN., an individual (hereinafter referred to as "AUDITOR").
RECITALS
WHEREAS, CITY desires to obtain auditing services for its Video Policing Project,
hereinafter referred to as "Project;" and
WHEREAS, CITY has adopted a "Video Policing Project Policy and Guidelines Manual"
("Manual"), incorporated by reference as if set forth herein, for the usage of Project video
policing cameras; and
WHEREAS, members of the FPD have met with AUDITOR and discussed the policy,
guidelines, goals and scope of the Project; and
WHEREAS, AUDITOR is willing to perform the services called for by this Agreement;
and
WHEREAS, AUDITOR is willing to perform the services without compensation, but with
payment for certain expenses; and
WHEREAS, FPD approves and recommends selection of AUDITOR to perform the
auditing services; and
WHEREAS, Council approves the selection of AUDITOR to perform the auditing
services; and
WHEREAS, this Agreement will be administered for CITY by its Police Chief (hereinafter
referred to as "Administrator") or his/her designee.
AGREEMENT
NOW, THEREFORE, in consideration of the foregoing and of the covenants, conditions,
and premises hereinafter contained to be kept and performed by the respective parties,
acknowledged by the parties as good and valuable consideration, it is mutually agreed as
follows:
1. Scope of Services. AUDITOR agrees to perform the services described in
Exhibit A. AUDITOR acknowledges receipt of a copy of the Manual prior to execution of this
Agreement.
2. Term of Agreement and Time for Performance. This Agreement shall be
effective and the services of AUDITOR as described in Exhibit A shall commence as of the
date first set forth above ("Effective Date") and shall cover an audit period that terminates on
November 30, 2008, and subsequent audit periods ending November 30 of each year
thereafter. An audit report shall be submitted no later than December 30 of each year.
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3. No Compensation; Reimbursement of Actual Expenses.
(a) AUDITOR shall receive no compensation for services rendered pursuant
to the Agreement. CITY shall reimburse AUDITOR solely for the following expenses incurred by
AUDITOR in performance of the services:
Travel: personal auto at rate of $0.59 per mile
Meal: $15.00 per day.
In no event shall the total cost of all expenses reimbursed by CITY under this
Agreement, related to an audit period, exceed $500.00. Necessary office supplies will be
provided by CITY.
(b) Statements may be rendered monthly for the above defined expenses
incurred by AUDITOR in the preceding month and will be payable in the normal course of CITY
business.
(c) The parties may modify this Agreement at any time. Any modification
must be made by written amendment to the Agreement signed by an authorized representative
for each party.
4. Termination.
This Agreement shall be subject to termination by either party without cause by
written notice to other party in accordance with the Notice provision no. 9.
5. Confidential Information and Ownership of Documents.
(a) Unless otherwise ordered by a court of competent jurisdiction, any
reports, information, or other data prepared or assembled by AUDITOR pursuant to this
Agreement shall not be made available to any individual or organization by AUDITOR without
the prior written approval of the Administrator, other than the Fresno City Council, the Chief of
the Fresno Police Department, and the Mayor of the City of Fresno. During the term of this
Agreement, and thereafter, AUDITOR shall not, without the prior written consent of CITY,
disclose to anyone any Confidential Information. The term Confidential Information for the
purposes of this Agreement shall include all proprietary and confidential information of CITY,
including but not limited to video images, locations of video surveillance cameras and any other
information possessed by the Fresno Police Department, business plans, marketing plans,
financial information, materials, compilations, documents, instruments, models, source or object
codes and other information disclosed or submitted, orally, in writing, or by any other medium or
media. All Confidential Information shall be and remain confidential and proprietary in CITY.
(b) Any and all writings and documents prepared or provided by AUDITOR
pursuant to this Agreement are the property of CITY at the time of preparation and shall be
turned over to CITY upon expiration or termination of the Agreement. AUDITOR shall not
permit the reproduction or use thereof by any other person except as otherwise expressly
provided herein. AUDITOR shall be allowed to retain work product.
(c) This Section 5 shall survive expiration or termination of this Agreement.
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6. Conflict of Interest and Non -Solicitation.
(a) Prior to CITY'S execution of this Agreement, AUDITOR shall complete a
City of Fresno conflict of interest disclosure statement in the form as set forth in Exhibit B.
During the term of this Agreement, AUDITOR shall have the obligation and duty to immediately
notify CITY in writing of any change to the information provided by AUDITOR in such statement.
(b) AUDITOR represents and warrants that he has not paid or agreed to pay
any compensation, contingent or otherwise, direct or indirect, to solicit or procure this
Agreement or any rights/benefits hereunder.
(c) If AUDITOR should subcontract all or any portion of the work to be
performed or services to be provided under this Agreement, AUDITOR shall include the
provisions of this Section 6 in each subcontract and require his subcontractors to comply
therewith.
(d) This Section 6 shall survive expiration or termination of this Agreement.
7. General Terms.
Except as otherwise provided by law, all notices expressly required of CITY
within the body of this Agreement, and not otherwise specifically provided for, shall be effective
only if signed by the Administrator or his/her designee.
8. Independent Contractor.
(a) In the furnishing of the services provided for herein, AUDITOR is acting
solely as an independent contractor. Neither AUDITOR, nor any of his officers, agents or
employees shall be deemed an officer, agent, employee, joint venturer, partner or associate of
CITY for any purpose. CITY shall have no right to control or supervise or direct the manner or
method by which AUDITOR shall perform his work and functions. However, CITY shall retain
the right to administer this Agreement so as to verify that AUDITOR is performing his obligations
in accordance with the terms and conditions thereof.
(b) This Agreement does not evidence a partnership or joint venture between
AUDITOR and CITY. AUDITOR shall have no authority to bind CITY absent CITY'S express
written consent. Except to the extent otherwise provided in this Agreement, AUDITOR shall
bear his own costs and expenses in pursuit thereof.
(c) Because of his status as an independent contractor, AUDITOR and his
agents and employees shall have absolutely no right to employment rights and benefits
available to CITY employees. AUDITOR shall be solely liable and responsible for all payroll and
tax withholding and for providing to, or on behalf of, his employees all employee benefits
including, without limitation, health, welfare and retirement benefits. In addition, together with
his other obligations under this Agreement, AUDITOR shall be solely responsible, indemnify,
defend and save CITY harmless from all matters relating to employment and tax withholding for
and payment of AUDITOR'S employees, including, without limitation, (i) compliance with Social
Security and unemployment insurance withholding, payment of workers' compensation benefits,
and all other laws and regulations governing matters of employee withholding, taxes and
payment; and (ii) any claim of right or interest in CITY employment benefits, entitlements,
programs and/or funds offered employees of CITY whether arising by reason of any common
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law, de facto, leased, or co -employee rights or other theory. It is acknowledged that during the
term of this Agreement, AUDITOR may be providing services to others unrelated to CITY or to
this Agreement. The foregoing is subject to understanding of all parties that it is not anticipated
AUDITOR will employ any other party to perform the services of this Agreement.
9. Notices. Any notice required or intended to be given to either party under the
terms of this Agreement shall be in writing and shall be deemed to be duly given if delivered
personally, transmitted by facsimile followed by telephone confirmation of receipt, or sent by
United States registered or certified mail, with postage prepaid, return receipt requested,
addressed to the party to which notice is to be given at the party's address set forth on the
signature page of this Agreement or at such other address as the parties may from time to time
designate by written notice. Notices served by United States mail in the manner above
described shall be deemed sufficiently served or given at the time of the mailing thereof.
10. Assignment.
(a) This Agreement is personal to AUDITOR and there shall be no
assignment by AUDITOR of his rights or obligations under this Agreement without the prior
written approval of the City Manager or his designee. Any attempted assignment by AUDITOR,
his successors or assigns, shall be null and void unless approved in writing by the City Manager
or his designee.
(b) AUDITOR hereby agrees not to assign the payment of any monies due
AUDITOR from CITY under the terms of this Agreement to any other individual(s),
corporation(s) or entity(ies). CITY retains the right to pay any and all monies due AUDITOR
directly to AUDITOR.
11. Waiver. The waiver by either party of a breach by the other of any provision of
this Agreement shall not constitute a continuing waiver or a waiver of any subsequent breach of
either the same or a different provision of this Agreement. No provisions of this Agreement may
be waived unless in writing and signed by all parties to this Agreement. Waiver of any one
provision herein shall not be deemed to be a waiver of any other provision herein.
12. Governing Law and Venue. This Agreement shall be governed by, and
construed and enforced in accordance with, the laws of the State of California, excluding,
however, any conflict of laws rule which would apply the law of another jurisdiction. Venue for
purposes of the filing of any action regarding the enforcement or interpretation of this
Agreement and any rights and duties hereunder shall be Fresno County, California.
13. Headings. The section headings in this Agreement are for convenience and
reference only and shall not be construed or held in any way to explain, modify or add to the
interpretation or meaning of the provisions of this Agreement.
14. Severability. The provisions of this Agreement are severable. The invalidity, or
unenforceability of any one provision in this Agreement shall not affect the other provisions.
15. Interpretation. The parties acknowledge that this Agreement in its final form is
the result of the combined efforts of the parties and that, should any provision of this Agreement
be found to be ambiguous in any way, such ambiguity shall not be resolved by construing this
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Agreement in favor of or against either party, but rather by construing the terms in accordance
with their generally accepted meaning.
16. Exhibits. Each exhibit and attachment referenced in this Agreement is, by the
reference, incorporated into and made a part of this Agreement.
17. Precedence of Documents. In the event of any conflict between the body of this
Agreement and any Exhibit or Attachment hereto, the terms and conditions of the body of this
Agreement shall control and take precedence over the terms and conditions expressed within
the Exhibit or Attachment. Furthermore, any terms or conditions contained within any Exhibit or
Attachment hereto which purport to modify the allocation of risk between the parties, provided
for within the body of this Agreement, shall be null and void.
18. Cumulative Remedies. No remedy or election hereunder shall be deemed
exclusive but shall, wherever possible, be cumulative with all other remedies at law or in equity.
19. No Third Party Beneficiaries. The rights, interests, duties and obligations defined
within this Agreement are intended for the specific parties hereto as identified in the preamble of
this Agreement. Notwithstanding anything stated to the contrary in this Agreement, it is not
intended that any rights or interests in this Agreement benefit or flow to the interest of any third
parties.
20. Extent of Agreement. Each party acknowledges that they have read and fully
understand the contents of this Agreement. This Agreement represents the entire and
integrated agreement between the parties with respect to the subject matter hereof and
supersedes all prior negotiations, representations or agreements, either written or oral. This
Agreement may be modified only by written instrument duly authorized and executed by both
CITY and AUDITOR.
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IN WITNESS WHEREOF, the parties have executed this Agreement at Fresno,
California, the day and year first above written.
CITY OF FRESNO,
a California rpunicipal
By:
DepuVy Chi f K th Foster
Fresno Poli eoartment
ATTEST:
REBECCA E. KLISCH
ty Clerk
By: Q.2J
Deputy
APP OVED AS TO FORM:
JA,
A E C. SAN H Z
Ci/y Ate rn
B
David P. Hale Date
Chief Assistant
Addresses:
CITY:
City of Fresno
Attention: Deputy Chief Keith Foster
Fresno Police Department
2323 Mariposa Mall
Fresno, CA 93721 .23.:,,_a
Phone: (559) 621 -2298 --
FAX: (559) 498-5168
BRETT DORIAN,
an individual
By:
Brett Dorian
AUDITOR:
Brett Dorian
1643 W. Stuart Avenue
Fresno, CA 93711
Phone: (559) 439-5569
brett dorian(c)-yahoo.com
Attachments:
1. Exhibit A - Scope of Services
2. Exhibit B - Conflict of Interest Disclosure Form
[Dorian -Video Policing Auditor ...I —rev. 9/17/08
ALL Generic Total Fee (01-22-08)
BOB
Exhibit A
SCOPE OF SERVICES
Video Policing Auditor Service Agreement between City of Fresno ("CITY")
and Brett Dorian ("AUDITOR")
Video Policing Auditor Services
PROJECT TITLE
Video Surveillance Audit
AUDITOR will conduct ongoing, periodic audits of the Fresno Police Department Video Policing
Program and prepare a report of his findings. The report will address compliance issues with
the Video Policing Project Policy and Guidelines Manual and any audits of operators and the
subsequent findings.
The audit shall be conducted annually and will reflect the audit findings for the preceding
12 -month period. A report of findings made by AUDITOR shall be submitted to the FRESNO
CITY COUNCIL, the CHIEF OF POLICE, and the MAYOR no later than 30 days from the end of
the audit period. The audit period shall conclude on November 301h of each year.
Audit Process
The audit process and audit report will include the following elements:
A random, unannounced sampling of retained video files, as selected by the AUDITOR.
These dates shall vary from year to year.
(A) AUDITOR will select up to three hours of video footage to review for each date.
(B) Video images captured from the system have been automatically downloaded
onto a secure digital storage system where they will be stored for a minimum of
7 days before being overwritten by new data.
(C) Adherence to purging dates: To accomplish this, AUDITOR will look at the video
system to determine that no video is kept beyond the 30 -day limit established by
this policy. Videos determined to have evidentiary value will be copied onto a CD
or DVD and booked into evidence.
(D) In his review of the video system for the selected date, AUDITOR will look for any
violations of the Video Policing Policy as contained in the following "Prohibited
Use of Video Surveillance Technologies" table.
Page 1 of 3
Prohibited Use of Video Surveillance Technologies
Policy Violation (Y/N)
Targeted viewing of specific citizens.
Policy Violation (Y/N)
Viewing activities where a reasonable expectation of privacy may
exist, even though conducted in a public place.
Policy Violation (Y/N)
Traffic enforcement.
Policy Violation (Y/N)
Observation of citizens in public places in a public setting or
situation, without reasonable suspicion of unlawful activity.
Policy Violation (Y/N)
Capture of images from areas where there would be a reasonable
expectation of privacy, while either in a public place or in any
structure.
Policy Violation (Y/N)
No operator shall select any person in view of this camera system
based solely on their race, ethnicity, or sex for observation or
tracking.
There will be no active monitoring of locations such as, but not
limited to:
A non -emergency medical facility.
Any social services facility (welfare office, Social Security office).
A place of worship (i.e., a church or religious -based organization).
A place (i.e., HIV or abortion clinic) or circumstances, although
publicly located, where there exists a reasonable expectation of
privacy (i.e., a conversation on a cell phone, writings or readings in
a person's possession.)
EXCEPTION: These types of locations may be monitored only if
criminal activity is suspected of occurring.
The system employed shall use digital watermarks to ensure the
authenticity of transferred images from the system.
The incorporation of any device that uses technology commonly
referred to as "biometrics" or thermal imaging has not been
implemented without first having the proposed system brought
before the Fresno City Council.
Demonstrations or rallies of any kind have been actively monitored
only for potential criminal activities or crowd management. Any
video of such activities shall be purged after 24 hours.
PTZ camera operators are adhering to policy and have not been
looking at non-public areas and areas in which there is a
reasonable expectation of privacy.
Page 2 of 3
2. Identifying Monitored Zones. AUDITOR may use cameras views, and/or physically visit
a random sampling of camera locations to determine compliance with signage
requirements and the appropriate placement of cameras in public areas.
Exception: In the event the placement of signage may hamper the Fresno Police
Department's ability to make an apprehension, signage will not be posted.
3. User Access. AUDITOR will review applicable documentation and random sampling of
video files to determine and report on the Fresno Police Department compliance with
each of the following:
(A) All persons designated by the Fresno Police Department Video Policing Project
Manager ("Project Manager") as system users have received training and a
unique user identification in order to access the system.
(B) Images stored on servers have only been accessed and retrieved by the Project
Manager or other authorized ISD technician, and only in response to public
safety emergencies or authorized internal or criminal investigations.
(C) User accounts are limited to those police employees with a specific, ongoing
need to access the system for the purpose of prevention, detection, identification,
or apprehension considerations related to public safety emergency response or
authorized internal or criminal investigations.
(D) All user accounts have been approved by the Chief of Police or his/her designee.
(E) PTZ camera operator activity has been logged by user ID and password.
(F) With the assistance of Information Services Division staff, AUDITOR shall review
network security, and confirm the secure digital storage system is connected to
CITY's network and is protected by multiple layers of security including password
protected user accounts.
Page 3 of 3
Exhibit B
DISCLOSURE OF CONFLICT OF INTEREST
Video Policing Auditor Services
PROJECT TITLE
Explanation:
Signature
M(:Lf-�iv� L �c�iz//� /�/ iS
" v ?--" v I— i C C LjP '
0 Additional page(s) attached.
Brett Dorian
(name)
(company)
1643 W. Stuart Avenue
(address)
Fresno, CA 93711
(city state zip)
Page 1 of 3
YES*
NO
1
Are you currently in litigation with the City of Fresno or any of its
❑
EM
agents?
2
Do you represent any firm, organization or person who is in
❑
litigation with the City of Fresno?
3
Do you currently represent or perform work for any clients who do
❑
X
business with the City of Fresno?
4
Are you or any of your principals, managers or professionals,
related by blood or marriage to any City of Fresno employee who
El
any significant role in the subject matter of this service?
* If the answer to any question is yes, please explain in full below.
Explanation:
Signature
M(:Lf-�iv� L �c�iz//� /�/ iS
" v ?--" v I— i C C LjP '
0 Additional page(s) attached.
Brett Dorian
(name)
(company)
1643 W. Stuart Avenue
(address)
Fresno, CA 93711
(city state zip)
Page 1 of 3
Video Policing Project
Policy and Guidelines Manual
Fresno Police Department
July 2006
Table of Contents
Introduction...................................................................................................................... 3
Statementof Purpose......................................................................................................4
The system will not be used for.......................................................................................
4
Video Policing Design Specifications...............................................................................4
RacialProfiling.................................................................................................................5
Tracking and Identification of Persons.............................................................................5
Storage/Retrieval of Images............................................................................................6
NewTechnology..............................................................................................................7
Legitimate Law Enforcement Purposes...........................................................................
7
Identifying Monitored Zones............................................................................................8
Monitoring of Employee Access......................................................................................8
AuthorizedUsers.............................................................................................................
8
UserAccess....................................................................................................................9
Unused/Purging Video Data............................................................................................9
Video Data as Evidence..................................................................................................9
Audits...........................................................................................................9
Privacyand Anonymity..................................................................................................10
Freedom of Expression and Association.......................................................................10
Pan, Tilt & Zoom (PTZ) Cameras............................................................................10
Authorized Camera Applications...................................................................................11
Sharingof Images.........................................................................................................11
Complaints Regarding Cameras....................................................................................11
Provision of Images to Members of the Public...............................................................11
PolicyViolations............................................................................................................12
2
Introduction
The Fresno Police Department's Video Policing Project is intended to contribute to
public safety by employing a system that incorporates modern technology into the
investigative process. This is available through active or passive video monitoring,
storage and retrieval capabilities. Our system will be designed to improve the
Department's ability to prevent and detect public safety emergencies, deter criminal
conduct, identify crime participants and serve as an aid to the successful prosecution of
those responsible.
I would also like to offer our sincere gratitude to the legal scholars who compiled a very
persuasive publication called the Guidelines for Public Video Surveillance for their
permission in allowing us to adopt many of their suggestions and recommendations
directly into our policy. I feel there is a growing need for standardization for law
enforcement that should be followed with the increasing popularity of this technology in
our field
According to the American Bar Association, "technology -assisted physical surveillance
can be an important law enforcement tool. It can facilitate the detection, investigation,
prevention and deterrence of crime, for the safety of citizens and officers, the
apprehension and prosecution of criminals and the protection of the innocent."'
I also agree with the Guidelines' position that other simultaneous public safety
enhancements—such as improved street lighting and other effective crime -reduction
methods, and in my opinion, greater involvement by citizens in bearing witness to
crimes in their neighborhoods—should not be forsaken in the name of camera
installations.
I believe that this "smart policing" technology, combined with the confidence and trust of
our citizens, can provide a safer community, a more efficiently run police agency, and
greatly enhance our investigative abilities.
Sincerely,
Jerry P. Dyer
Chief of Police
t ABA Standards for Criminal Justice, electronic Surveillance, Section B, 3rd ed. 1999, at 2
3
Statement of Purpose
The purpose of our camera system is to supplement our agency's efforts to provide a
safe public environment to conduct business, transit our public spaces, and enjoy our
neighborhoods with minimal fear of crime. The intent of the system is to lead to the
rapid identification of those responsible for crimes in view of a camera; the deterrence of
those who, but for the presence of a camera, might seize an opportunity to prey upon
one another, and the successful prosecution of criminals whose activity is captured.
This system is not a panacea for crime; it will not prevent the actions of those who are
determined to violate the rights or freedoms of others.
The system will not be used for
Arbitrary viewing of citizens.
Viewing activities where a reasonable
though conducted in a public place.
Traffic enforcement.
expectation of privacy may exist, even
There may exist other examples that are too numerous to expound upon in this
document that will limit the use of video information obtained by this system.
This policy and guidelines will specify rules of acceptable Fresno Police Department use
of the Video Policing system and designate specifications in order to achieve program
goals without compromising the public's right to privacy. This document must also be
flexible to adjust for unanticipated incidents, occurrences or applications for future
improvements.
Video Policing Design Specifications
The system used by the Fresno Police Department will utilize multiple fixed and
adjustable cameras focused on predetermined public areas in public places. Cameras
shall be situated in a manner and located in public places that will maximize the field of
view of public areas for public safety purposes only. This system will be used primarily
to address serious threats to public safety and applications delineated in this
document.2
• It is not intended to serve as a mechanism for the casual observation of citizens
in public places conducting lawful activities in a public setting or situation.
2 Guidelines for Public Video Surveillance, pg 16
M
• Camera placement will minimize the potential inadvertent capture of images from
areas where there would be a reasonable expectation of privacy, while either in a
public place or in any structure.
In any location where the view of any camera may compromise a citizen's privacy
expectation, the Project Manager or his/her designee shall review the camera's location
and either make a recommendation to relocate the unit or to employ window -blanking
technology to minimize, if not eliminate, the potential for video intrusion.
The cameras may be equipped with Pan, Tilt, and Zoom (PTZ) capabilities that allow
operators to manipulate the framing or focal length of a video image only for the specific
purpose of monitoring potential suspicious persons, activities or as the result of a CFS.
Images that are captured of persons who are either irrelevant or incidental to an
investigation shall be digitally masked prior to any public release of such footage. 3
Racial Profiling/Nondiscrimination
No operator shall select any person in view of this camera system based solely on their
race, ethnicity, or sex for observation or tracking. The system shall only be used for
purposes directly related to public safety or authorized internal or criminal
investigations. The system shall not be used to track individuals arbitrarily or based on
race, gender, ethnicity, sexual orientation, disability or other classifications protected by
law.
Operators shall make specific observations of individuals based only on articulable
reasonable suspicion that the person may be or may have been involved in criminal
activity of a serious nature, or as the result of a call for service to law enforcement of
criminal activity in the area of the camera's viewing parameters.
Tracking and Identification of Persons
"Tracking" refers to the use of public video surveillance systems to follow an individual
or his/her vehicle, regardless of whether that individual's identity is known, so as to
create a seamless record of his/her activity during a specific period .4
"Identification" refers to the use of the system to ascertain or confirm the identity of an
3 Ibid, pg 31
4The limitations in this section do not apply law enforcement's ability to manually track an individual within a
camera view (using pan and tilt functions) or between separate cameras by manual means.
individual captured on video footage.5 Tracking and identification can occur in real time
or by using stored video footage, although an individual may be identified without being
tracked, or vice versa.
The use of identification and tracking technologies raises specialized concerns
regarding constitutional rights and values. Even in public, most people expect to remain
anonymous unless they are seen, recognized, and remembered by another individual
present at that location. Even tracking alone can create a far more thorough record of
activity than observation and recording. Identification, moreover, creates a record that
is personally identifiable and traceable back to a specific person, which raises data
privacy concerns far less present with other types of surveillance .6
The Fresno Police Department will adopt the practice of tracking an unknown person
only when an operator makes specific observations of the individual(s) based on
articulable reasonable suspicion that the person may be or may have been involved in
criminal activity of a serious nature, or as the result of a call for service to law
enforcement of criminal activity in the area of the camera's viewing parameters.
Storage/Retrieval of Images
Video images captured from the system will be automatically downloaded onto a secure
digital storage system where they will be stored for a minimum of seven (7) days before
being overwritten by new data. The secure digital storage system will be connected to
the City's network and is protected by multiple layers of security including password
protected user accounts.
The system employed shall use digital watermarks to ensure the authenticity of
transferred images from the system.'
Requests for a review of stored images shall be made through to the Project Manager
or his/her designee. The review and retrieval of images may be for the purpose of
criminal or administrative investigations only.$
5Identification includes manually appending personally identifiable information, such as name, address, or criminal
history, to recorded images of those individuals, or automatically identifying an individual captured on video
footage, in real time or using stored data, using biometric or other identification algorithms. These guidelines do not
attempt to place specific limitations on identification of individuals in video footage based on visual recognition by
law enforcement personnel or other individuals. Should that identification be entered into a database for later
searching, however, the identification would be considered automatic and within the scope of the Guidelines.
6 Guidelines for Public Video Surveillance, pg 27
7 Guidelines for Public Video Surveillance, pg 31
B Guidelines for Public Video Surveillance, pg 29
on
New Technology
Any changes to the scope, capabilities and the uses of the system should not pose
significantly greater threats to constitutional rights and values than existing ones.
However, the incorporation of any device that uses technology commonly referred to as
"biometrics" shall not be implemented without first having the proposed system brought
before the Fresno City Council. The approval process will include a complete
disclosure of the capabilities of such a system and legal necessity of its addition to any
existing camera system.
Other technological advances that could be incorporated into the existing video camera
system (i.e., thermal imagery) shall also be first publicly proposed by the information
being presented to the Fresno City Council for their approval.
Legitimate Law Enforcement Purposes
The Fresno Police Department may collect data that would be relevant to other
legitimate law enforcement uses. Subject to certain restrictions (discussed below), law
enforcement may use the system for these new purposes.
For clarification purposes, it should be distinguished between the two types of extra -
purpose use of this video system—"secondary" and "incidental." 9
Secondary use is an intentional, planned use of a system, a component of it, or
the collected data, for a purpose other than the original one. For instance, if an
officer has reason to believe that stored footage collected for traffic control
purposes would show evidence of drug shipments and seeks to review the
footage for this purpose, the use would be secondary.
The written permission of the system administrator is required for any
"secondary use" of the Fresno Police Department Video Surveillance
System.
Incidental use describes a situation in which law enforcement is using the system
for its intended purpose and incidentally notices something useful for a different
purpose. For instance, if an officer monitoring a surveillance system deployed to
9 Guidelines for Public Video Surveillance, page 29
7
prevent a terrorist attack incidentally witnesses a non -terrorism serious criminal
offense, the information would be useful for the purpose of investigating that
crime.
No additional approval is required for "incidental use" of the system.
A public video surveillance system may be used incidentally for other legitimate law
enforcement purposes. Similar to the "plain view" exception in Fourth Amendment law,
a police officer properly observing public scenes through a visual surveillance system
may act upon evidence of criminal behavior as if he/she had witnessed it in person. This
is true whether the officer is viewing the footage in real time or via a recording.10
Identifying Monitored Zones
Whenever practical, signage notifying the public that the Video Policing system is being
used and recorded will be posted in conspicuous locations proximate to each camera
indicating that the camera may be monitored and/or recorded. In the event the
placement of signage may hamper the Police Department's ability to make an
apprehension, signage will not be posted.
When signs are placed, they will be clearly and conspicuously placed and shall clearly
display at least a camera icon indicating the presence of a video camera.
Monitoring of Employee Access
The Video Policing system shall be equipped with capabilities that provide an audit trail
of system use and user access. This information shall include the user ID, password
and the ability to review all activities concerning the use of the PTZ features of that
particular operator.
Authorized Users
User accounts will be limited to those City of Fresno employees with a specific, ongoing
need to access the system for the purpose of prevention, detection, identification, or
apprehension considerations related to public safety, emergency response, or
authorized internal or criminal investigations. All user accounts require approval by the
Chief of Police or designee before establishment.
10 Guidelines for Public Video Surveillance, page 30
I Icor Arracc
All persons designated by the Project Manager as system users shall receive training
and a unique user identification in order to access the system. Images stored on
servers shall only be accessed and retrieved by the Video Policing Project Manager or
other authorized ISD technician, and only in response to public safety emergencies or
authorized internal or criminal investigations.
Unused/Purging Video Data
Video data that has not been retained for evidentiary purposes shall not be reproduced,
nor shall it be distributed, provided, or shown to other persons, without the approval of
the Chief of Police, or pursuant to a court order. In the event that persons are captured
whose images are incidental to any legitimate law enforcement purpose, the following
guidelines shall be followed:
• Recorded images lacking evidentiary or other documented value shall be
overwritten as a matter of course after 30 days. 1'
• Prior to any public release of images, the Department shall employ the use of
"digital masking" or other technologies to remove identifying features of
individuals who are incidentally captured on camera or whose identities are
otherwise irrelevant to the purposes for which the data is stored.12
Video Data as Evidence
Video data retained for evidentiary purposes shall only be reproduced for the purpose of
prosecution efforts. All copies shall be accounted for by the investigator responsible for
maintaining case records related to the video data.
Ai Idifc
Use of the system will be regularly audited annually by a mutually agreed upon person
between the FPD and a majority of the Fresno City Council, preferably a retired Federal
judge. The report will address compliance issues with this policy manual and any audits
of operators and the subsequent findings. The report will be sent to the Fresno City
Council, the Chief of Police and the Mayor's Office.
11
Guidelines for Public Video Surveillance, pg 26
12 Guidelines for Public Video Surveillance, pg 31
IN
Privacy and Anonymity
It is the intent of these policies and guidelines to ensure that all citizens, who may be
conducting their activities in a place generally described as "public," be assured that
their Constitutional right to privacy is respected and acknowledged.
Freedom of Expression and Association
The Fresno Police Department also shares its deep commitment to preserving the right
of individuals to freely express themselves and to associate freely in all public settings.
It is with the above perspective the Fresno Police Department adopts the following
policies on the use of its Video Policing System:
There will be no active monitoring of locations such as, but not limited to:
• Political rallies or demonstrations
• A non -emergency medical facility.
• Any social services facility (welfare office, Social Security office).
• A place of worship (i.e., a church or religious -based organization).
• A place (i.e., HIV or abortion clinic) or circumstances, although publicly located,
where there exists a reasonable expectation of privacy (i.e., a conversation on a
cell phone, writings or readings in a person's possession.)
EXCEPTION: These types of locations may be monitored only if criminal activity is
suspected of occurring.
Rallies may be actively monitored only for potential criminal activities or crowd
management. Any video of such activities shall be purged after 24 hours.
Pan, Tilt & Zoom (PTZ) Camera Usage
1. Any active, continual observation of an individual, employing PTZ cameras, shall be
done as the result of reasonable suspicion of their involvement in criminal activity.
2. PTZ camera operators are responsible for protecting the public's right to privacy as
delineated by the Department values.
3. PTZ camera operators are forbidden from looking at non-public areas and areas in
which there is a reasonable expectation of privacy.
10
4. PTZ camera operations will be randomly audited for misuse violations.
5. PTZ camera images and operators are subject to the same restrictions detailed
under "User Access."
Authorized Camera Applications
The primary use of the cameras will be
potentially life-threatening or serious nature
limited to:
• Robbery
• Assaults
• Violent crimes
• Narcotics enforcement
• Property crimes
• Surveillance activities for crime series
• When permitted by business owners
• Internal investigations
Sharing of Images
in conjunction with calls for service of a
. These types of calls are, but may not be
Requests for images in the possession of the Fresno Police Department shall be made
with the authorization of the Chief of Police only. The request shall be in writing on the
requesting agency's letterhead and signed by that agency's Chief of Police or
appropriate counterpart.
Complaints Regarding Cameras
See Fresno Police Department Manual, Section 2.4.11.
Provision of Imaaes to Members of the Public
Images obtained by the Fresno Police Department cameras shall not be generally
releasable to members of the general public, including information sought between civil
litigants. Images will be withheld consistent with the Public Records Act. These include
data involving an ongoing law enforcement investigations or data which constitutes an
unwarranted invasion of personal privacy. This is based on the Freedom of Information
Act's privacy exception. The most notable exception is where images are released to
assist in the identification or apprehension of a person or persons wanted in an
investigation.
I1
Policy Violations
Unauthorized access to the system, misuse of the system, unauthorized reproduction of
images, or unauthorized distribution of images may result in disciplinary action up to
and including termination.
12
October 22, 2008
TO: MAYOR ALAN AUTRY '0L
FROM: REBECCA E. KLISCH, OMC
City Clerk
Council Adoption: 10/21/08
Mayor Approval:
Mayor Veto:
RECEIVL Override Request:
2001; CCT 31 AM 10: 14
SUBJECT: TRANSMITTAL OF COUNCILCAEYT�C rKi"rJ �PPRbVAL OR VETO
At the Council meeting of 10/21/08, Council took legislative action entitled Appv contract
with Honorable Brett Dorian for video policing project auditing services, Item No. 1C,
by the following vote:
Ayes
Calhoun, Caprioglio, Dages, Duncan, Perea, Sterling, Xiong
Noes
None
Absent
None
Abstain
None
Please indicate either your formal approval or veto by completing the following sections and
executing and dating your action. Please file the completed memo with the Clerk's office on
or before November 3, 2008. In computing the ten day period required by Charter, the first
day has been excluded and the tenth day has been included unless the 10th day is a
Saturday, Sunday, or holiday, in which case it has also been excluded. Failure to file this
memo with the Clerk's office within the required time limit shall constitute approval of the
ordinance, resolution or action, and it shall take effect without the Mayor's signed approval.
Thank you.
APPROVED:
VETOED for the following reasons: (Written objections are required by Charter; attach
additional sheets if necessary.)
Tog
COUNCIL OVERRIDE ACTION: Date:
Ayes
Noes
Absent
Abstain