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CC SR 20241106 I - Security Camera Video Retention Policy CITY COUNCIL MEETING DATE: 11/06/2024 AGENDA REPORT AGENDA HEADING: Consent Calendar AGENDA TITLE: Consideration and possible action to adopt a City Council Policy on Security Cameras and Video Retention. RECOMMENDED COUNCIL ACTION: (1) Adopt City Council Policy No. 59, the City’s Security Camera and Video Retention Policy. FISCAL IMPACT: None Amount Budgeted: N/A Additional Appropriation: N/A Account Number(s): N/A ORIGINATED BY: Matt Waters, Senior Administrative Analyst, Recreation and Parks REVIEWED BY: Daniel Trautner, Director, Recreation and Parks APPROVED BY: Ara Mihranian, AICP, City Manager ATTACHED SUPPORTING DOCUMENTS: A. Draft City Council Policy No. 59 (page A-1) B. September 17, 2024 City Council Staff Report BACKGROUND: The City Council does not have a policy establishing guidelines for the placement of security cameras on City property and the retention of video footage recorded by those cameras. 15 security cameras were installed as part of the Ladera Linda Community Park Project that opened to the public in February 2024. There are also four cameras located inside the Point Vicente Interpretive Center building that can be monitored at the front desk. Most recently, Open Space Management Staff (OSM) purchased five cameras for use in the Preserve at trailheads and on trails, including in the Del Cerro area. At its September 17, 2024 meeting, the City Council approved the purchase and installation of 12 additional security cameras to be installed at nine different open space areas and City-owned parking lots, as part of an expanded pilot program to better monitor for incidents of vandalism, accidents, and crimes in these areas . 1 DISCUSSION: Given the use of cameras at Ladera Linda Community Park, the Point Vicente Interpretive Center, and various open space areas and City-owned parking lots, City Staff developed a policy outlining the appropriate use of the equipment and any resulting video footage. City Staff and the City Attorney have prepared a draft Security Camera and Video Retention City Council Policy to provide clear guidelines on security camera installation and operation, privacy concerns, and procedures for the proper storage, retention, and dissemination of recorded images (Attachment A). The attached policy consists of the following six sections for the City Council’s consideration: A. Scope: Outlines the limits on allowable uses of the security footage including intelligence gathering for criminal conduct and the identification and apprehension of suspected criminals. The public’s right to privacy is emphasized in this section. B. Responsibilities: Provides details on who is responsible for maintaining public safety, managing the cameras, and determining permittable access to camera footage. C. Equipment: Outlines guidance and limitations on where and how the cameras will be mounted and used, including privacy restrictions. D. Access and Third Party Sharing of Security Camera Data: States that recorded images are for official use only. Outlines policy guidelines for access and sharing of images to the extent required by law. E. Data Storage of Security Cameras: Details how the video footage will be stored and how long it will be retained. F. Security Camera Training: States all personnel authorized to use or access the cameras or footage will be properly trained. CONCLUSION: To memorialize the City’s position on security cameras and video retention, Staff recommends the City Council adopt the attached policy which, if adopted, will be added to the City Council Policies. ALTERNATIVES: In addition to the Staff recommendation, the following alternative actions are available for the City Council’s consideration: 1. Do not adopt City Council Policy on Security Cameras and Video Retention and provide Staff direction on how to address matters related to security cameras. 2. Identify revised language that can be read into the record or direct staff to return with a revised policy for City Council consideration at a future meeting. 3. Take other action, as deemed appropriate. 2 CITY COUNCIL POLICY NUMBER: 59 DATE ADOPTED/AMENDED: 11/6/2024 SUBJECT: Security Camera and Video Retention BACKGROUND: The City of Rancho Palos Verdes (“City”) is committed to establishing and maintaining a safe and secure environment for both City employees and visitors of City property and facilities. To assist with creating a safer environment, the City operates and maintains a security camera system in and around various public trails, parks, parking lots, and facilities. This Policy provides a comprehensive guideline for approval, placement, monitoring, access, and operation of the City’s security camera equipment, storage, and retention of capture images including the dissemination of stored data related thereto. This Policy does not address, restrict, enhance, or modify standards for portable video or still recording of City sponsored program, events, or activities. POLICY A. Scope The City recognizes the need to protect the public’s constitutional standards of privacy. Any use of the data produced by security cameras other than the uses described below are strictly prohibited. Security camera recorded images may be used for and/or assist with the following purposes: • Identification and prevention of threats; • Identification, apprehension, and prosecution of individuals suspected of committing criminal offenses; • Intelligence gathering to prevent or prosecute criminal conduct; • Response to emergency services personnel for emergency events; and • Assistance in resolving citizen or employee complaints, internal investigations, or other City or law enforcement investigations. Footage shall not: • Be used to target legally protected individual characteristics including, but not limited to race, ethnicity, national origin, religion, disability, gender, or sexual orientation; and • Be used to harass, intimidate, or discriminate against any individual or group. A-1 B. Responsibilities • The City Council is responsible for approval and oversight of the City’s security camera use. • The City Manager, Risk Manager, and Los Angeles County Sheriff share responsibility for managing public safety and security around City facilities. • The Information Technology (“IT”) Division Manager or designee and the Recreation and Parks Director or designee are responsible for maintaining storage of electronic data from the security camera systems. The IT Division Manager or designee and the Recreation and Parks Director or designee are also responsible for maintaining the functionality of the security camera systems. • Authorized staff are responsible for maintaining the physical media within the cameras. IT and designated Recreation and Parks Staff are responsible for directly implementing or overseeing the placement of the security cameras by consultants. Any new camera locations require approval by the Director of Recreation and Parks and the City Manager. • Camera feeds or recordings shall be viewable only by the City Manager, IT Manager, the Director of Recreation and Parks, Open Space Management Staff, the Los Angeles County Sheriff’s Office, and the City Attorney, or their designees. C. Equipment City’s security camera equipment: • Will be in a fixed, visible location; • Will only monitor City facilities, trails, and public areas where no reasonable expectation of privacy exists; • May be located inside and outside buildings, facilities, and/or trails, and will not be directed to look through windows to areas outside the buildings, facilities, or trails unless necessary to protect external assets in the promotion of the personal safety of individuals, or deter criminal activity; • Will not be directed to look into adjacent, non-City owned buildings or private property; • Will be marked in a conspicuous manner with signage informing the public and employees that the area is under surveillance. Signs will be posted in letters of a size that is easy to read, include pictures, and have no visibility obstructions; • Will not intentionally invade the privacy of individuals or observe areas where a reasonable expectation of privacy exists; D. Access and Third Party Sharing of Security Camera Data • All recorded video images gathered by the security camera equipment are for the official use of the City. Recorded information will never be sold and will not be publicly viewed or distributed in any other manner, except as provided by this policy and applicable to federal and state law (5 U.S.C.A. § 552 et seq.; Gov. Code § 7920.000 et seq.). • Camera systems that do not have a dedicated physical server must have their access passwords changed and a list of authorized users updated on a monthly basis. A-2 • Routine video monitoring records are investigative records and not subject to disclosure pursuant to Government Code 7922.000 et seq., apart from the exception described in section (F) below. • Victims of crimes or insurance carriers against whom a claim has been or might reasonably be made will have access to information acquired through routine video monitoring, but only to the extent required by law. (Gov. Code § 7922.000 et seq.) • Requests for recorded video images from other law enforcement agencies will be referred to the Los Angeles County Sheriff’s office for release in accordance with law enforcement purposes. • Recorded video images that are the subject to a court order or subpoena document production request will be produced in accordance with the established City Department(s) subpoena process. This process will require coordination with the City Clerk. • Any viewing of the security camera feed or recordings by anyone other than expressly permitted personnel is prohibited. The City Manager, the City Attorney, and the Los Angeles Sheriff’s Department must review and may grant access to an individual requesting to view a recording from the security system and only as may be required by applicable law and this policy. • All authorized personnel will receive training, in order to access the system. • Images stored on servers will only be accessed and retrieved by the IT Manager, the Recreation and Parks Director, the Open Space Management personnel, and any designee authorized by the City Manager for the purposes prescribed by this Policy. Note: Any employees found to have accessed information without granted access pursuant to these guidelines will be subject to discipline, up to and including termination. E. Data Storage of Security Cameras • All video will be recorded and stored digitally with restricted access to authorized persons. Records will be retained for up to 180 days. After 180 days, the records will be automatically deleted or overwritten with no backups on the server. • Certain recorded images needed as evidence in a criminal, civil, or administrative proceeding will be copied to a suitable medium and booked into evidence in accordance with Los Angeles County Sheriff’s evidence procedures. • Security camera images relating to potential criminal charges that are not filed will be retained for at least one year after the statute of limitations has expired. • Security camera recordings related to complaints of employee misconduct (whether externally or internally) shall be retained in accordance with relevant law and in coordination with the City Attorney and law enforcement or until the matter has been resolved, whichever is later. • Any downloaded media will be stored in a secure area with access restricted to authorized persons from the office of the City Manager or the office of the City Attorney. A copy of the downloaded media will be retained by the IT Division • Storage devices will be securely kept in a controlled access area. A-3 F. Security Camera Training Any personnel authorized to operate or access the security camera systems will be informed of the policies that affect their responsibility and receive appropriate training. Training will include guidance on the usage of the security cameras and a review o f relevant policies and procedures, including this Policy. Training will also address state and federal law related to the use of security camera equipment and public privacy. A-4