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HomeMy WebLinkAboutAgenda Report - April 20, 2016 G-01 PHAGENDA ITEM &12� CITY OF LODI COUNCIL COMMUNICATION TM AGENDA TITLE: Public Hearing to Consider Adopting Resolution Approving the Automated License Plate Reader System Software (Vigilant/LEARN) Lodi Police Department Usage Policy MEETING DATE: April 20, 2016 (3201 PREPARED BY: Chief of Police RECOMMENDED ACTION: Public Hearing to consider adopting resolution approving the automated license plate reader system software (Vigilant/LEARN) Lodi Police Department usage policy. BACKGROUND INFORMATION: Pursuant to State Senate Bill 34, the Lodi Police Department is required to set a public hearing regarding the future operation of an Automated License Plate Reader (ALPR) system. An ALPR is a computer-based system that utilizes special cameras to capture license plate information and collected in a nationwide database. The ALPR shall be restricted to legitimate law enforcement uses to further the goal of enhancing public safety by providing information to national law enforcement agencies. The Lodi Police Department will conduct a public hearing to review and discuss departmental policy on the utilization of the ALPR system. FISCAL IMPACT: FUNDING AVAILABLE: Not applicable. Not applicable. Tod Patterson Chief of Police Prepared by Paula O'Keefe, Management Analyst APPROVED: "Sth aue , City Manager Lodi Police Department Policy Manual Automated License Plate Readers (ALPRs) Usage and Privacy Policy 431.1 PURPOSE AND SCOPE The purpose of this policy is to provide guidance for the capture, storage and use of digital data obtained through the use of Automated License Plate Reader (ALPR) technology and to ensure that the collection, use, maintenance, sharing, and dissemination of ALPR information is consistent with respect for individuals' privacy and civil liberties. This usage and privacy policy shall be available to the public in writing, and posted conspicuously on the department web site. 431.2 ADMINISTRATION The ALPR technology, also known as License Plate Recognition (LPR), allows for the automated detection of license plates. It is used by the Lodi Police Department to convert data associated with vehicle license plates for official law enforcement purposes, including identifying stolen or wanted vehicles, stolen license plates and missing persons. It may also be used to gather information related to active warrants, homeland security, electronic surveillance, suspect interdiction and stolen property recovery. All installation and maintenance of ALPR equipment, as well as ALPR data retention and access, shall be managed by the Investigations Lieutenant or designee. The Investigations Lieutenant or designee will assign members under his/her command to administer the day-to-day operation of the ALPR equipment and data. 431.2.1 ALPR ADMINISTRATOR The Investigations Lieutenant or designee shall be responsible for developing guidelines and procedures to comply with the requirements of Civil Code § 1798.90.5 et seq. This includes, but is not limited to (Civil Code § 1798.90.51; Civil Code § 1798.90.53): (a) A description of the job title or other designation of the members and independent contractors who are authorized to use or access the ALPR system or to collect ALPR information. (b) Training requirements for authorized users. (c) A description of how the ALPR system will be monitored to ensure the security of the information and compliance with applicable privacy laws. (d) Procedures for system operators to maintain records of access in compliance with Civil Code § 1798.90.52. (e) The title and name of the current designee in overseeing the ALPR operation. (f) Working with the Custodian of Records on the retention and destruction of ALPR data. (g) Ensuring this policy and related procedures are conspicuously posted on the department's Lodi Police Department Policy Manual Automated License Plate Readers (ALPRs) website. 431.3 OPERATIONS Use of an ALPR is restricted to the purposes outlined below. Department members shall not use, or allow others to use the equipment or database records for any unauthorized purpose (Civil Code § 1798.90.51; Civil Code § 1798.90.53). (a) An ALPR shall only be used for official law enforcement business. (b) An ALPR may be used in conjunction with any routine patrol operation or criminal investigation. Reasonable suspicion or probable cause is not required before using an ALPR. (c) While an ALPR may be used to canvass license plates around any crime scene, particular consideration should be given to using ALPR-equipped cars to canvass areas around homicides, shootings and other major incidents. Partial license plates reported during major crimes should be entered into the ALPR system in an attempt to identify suspect vehicles. (d) No member of this department shall operate ALPR equipment or access ALPR data without first completing department -approved training. (e) No ALPR operator may access department, state or federal data unless otherwise authorized to do so. (f) If practicable, the officer should verify an ALPR response through the California Law Enforcement Telecommunications System (CLETS) before taking enforcement action that is based solely on an ALPR alert. 431.4 DATA COLLECTION AND RETENTION The Investigations Lieutenant or designee responsible for ensuring systems and processes are in place for the proper collection and retention of ALPR data. Data will be transferred from vehicles to the designated storage in accordance with department procedures. All ALPR data should be stored for a minimum of one year (Government Code § 34090.6) and in accordance with the City's established records retention schedule. Thereafter, ALPR data should be purged unless it has become, or it is reasonable to believe it will become, evidence in a criminal or civil action or is subject to a discovery request or other lawful action to produce records. In those circumstances the applicable data should be downloaded from the server onto portable media and booked into evidence. 431.5 ACCOUNTABILITY All data will be closely safeguarded and protected by both procedural and technological means. The Lodi Police Department will observe the following safeguards regarding access to and use of stored data (Civil Code § 1798.90.51; Civil Code § 1798.90.53): (a) All ALPR data downloaded to the mobile workstation and in storage shall be accessible only through a login/password-protected system capable of documenting all access of information by name, date and time (Civil Code § 1798.90.52). (b) Members of the department approved to access ALPR data under these guidelines are Lodi Police Department Policy Manual Automated License Plate Readers (ALPRs) permitted to access the data for legitimate law enforcement purposes only, such as when the data relate to a specific criminal investigation or department -related civil or administrative action. (c) ALPR system audits should be conducted on a regular basis. For security or data breaches, see the Records Release and Maintenance Policy. 431.6 POLICY This policy of the Lodi Police Department is to utilize ALPR technology to capture and store digital license plate data and images while recognizing the established privacy rights of the public. All data and images gathered by the ALPR are for the official use of this department. Because such data may contain confidential information, it is not open to public review. 431.7 ACCESS AND RELEASE OF ALPR DATA A record of the following information shall be maintained whenever ALPR data is accessed (Civil Code § 1798.90.52): (a) The date and time the information is accessed. (b) The license plate number or other data elements used to query the ALPR system. (c) The username of the person who accesses the information, and, as applicable, the organization or entity with whom the person is affiliated. (d) The purpose for accessing the information. The ALPR data may be shared only with other law enforcement or prosecutorial agencies for official law enforcement purposes or as otherwise permitted by law, using the following procedures: (a) The agency makes a written request to the department for the ALPR data that includes: 1. The name of the agency. 2. The name of the person requesting. 3. The intended purpose of obtaining the information. (b) The request is reviewed by the Investigations Lieutenant or the authorized designee and approved before the request is fulfilled. (c) The approved request is retained on file. Requests for ALPR data by non -law enforcement or non -prosecutorial agencies will be processed as provided in the Records Maintenance and Release Policy and California Public Records Act (Gov Code § 625). 431.8 TRAINING The Training Sergeant should ensure that members of the department receive department - approved training for those authorized to use or access the ALPR system and the (Civil Code § 1798.90.51; Civil Code §1798.90.53). RESOLUTION NO. 2016-53 A RESOLUTION OF THE LODI CITY COUNCIL APPROVING THE AUTOMATED LICENSE PLATE READER SYSTEM SOFTWARE (VIGILANT/LEARN) LODI POLICE DEPARTMENT USAGE POLICY WHEREAS, the Automated License Plate Reader (ALPR) system is a computer- based system that utilizes special cameras to capture license plate information which is collected in a nationwide database; and WHEREAS, the ALPR is restricted to legitimate law enforcement uses to further the goal of enhancing public safety by providing information to national law enforcement agencies; and WHEREAS, pursuant to State Senate Bill 34, the Lodi Police Department is required to conduct a public hearing regarding the proposed utilization of an ALPR system; and WHEREAS, the Lodi City Council convened a public hearing on Wednesday, April 20, 2016, at 7:00 p.m., at the regular meeting place of the City Council, Carnegie Forum, 305 West Pine Street, Lodi, California, at which time all interested persons were given an opportunity to appear and be heard on the proposed utilization of the Automated License Plate Reader system. NOW, THEREFORE, BE IT RESOLVED that the Lodi City Council does hereby approve and adopt the Lodi Police Department Vigilant/LEARN software policy relating to the use of the Automated License Plate Reader system. Date: April 20, 2016 I hereby certify that Resolution No. 2016-53 was passed and adopted by the Lodi City Council in a regular meeting held April 20, 2016, by the following vote: AYES: COUNCIL MEMBERS — Johnson, Mounce, Nakanishi, and Mayor Chandler NOES: COUNCIL MEMBERS — None ABSENT: COUNCIL MEMBERS — Kuehne ABSTAIN: COUNCIL MEMBERS — None NIFER U. FERRAIOLO City Clerk 2016-53 ALPR Policy Lodi City Council Public Hearing Police Department April 20, 2016 Equipment and Data Usage • Locating stolen vehicles • Locating missing persons • Identifying vehiclesused in crimes • Locating vehicles used in crimes • Locating vehicles associated with wanted persons • Solving pattern crimes Policy • Vetted through Lexipol, a providerof defensible p o lic ie s fo r public safety • Providesguidance forcapture, storage and use of digital data obtained through the use of Automated License Plate Readers(ALPRs) • Ensuresall data collection, usage, and dissemination isconsistent with respect for individual'sprivacy and civil liberties P011*CY • ALPRAd ministrator shall be responsible fordeveloping guidelinesand proceduresto maintain compliance with Civil code requirements, to include, • Responsible forensuring proper collection and retention ofALPRdata • Training requirements • Ensuring compliance with policy and procedures • Use of ALPRis restricted to official law enforcement business • No memberof the department shall operate ALPRequipment oraccessALPRdata without department -approved training • All data will be closely safeguarded and protected by procedural and technological means. • ALPRauditsshall be conducted on a regularbasis Public Records Act Requests • RequestsforALPRdata by non -law enforcement/non-prosecutorial will be processed asprovided in the Records Maintenance and Release Policy (Civil Code § 1798.90.51; Civil Code 1798.90.53) Civil Code Civil Code 1798.90.55 "Notwithstanding any other law or regulation: (a) A public agency that operates or intend sto operate an ALPRsystem shall provide an opportunity forpublic comment at a regularly scheduled public meeting of the governing body of the public agency before implementing the program. (b) A public agency shall not sell, share, or transfer ALPR information, except to another public agency, and only asotherwise permitted by law. For purposesof thissection, the provision of data hosting or towing servicesshall not be considered the sale, sharing, or transferring of ALPRinformation. " Employee Accountability • Employeeswill be trained on the ALPRpolicy prior to use • Once trained, employeeswill acknowledge with dig ita I confirmation • Any policy violationswill be handled with corrective action • Corrective action will be counseling and written documentation up to and including termination ALPR Policy Questions? Police Department April 20, 2016 SUBJECT: Please immediately confirm receipt of this fax by calling 333-6702 CITY OF LODI P. O. BOX 3006 LODI, CALIFORNIA 95241-1910 ADVERTISING INSTRUCTIONS PUBLIC HEARING TO CONSIDER THE VIGILANT/LEARN SOFTWARE LODI POLICE DEPARTMENT USAGE POLICY PUBLISH DATE: SATURDAY, APRIL 9, 2016 TEAR SHEETS WANTED: One (1) please SEND AFFIDAVIT AND BILL TO: LNS ACCT. #0510052 DATED: THURSDAY, APRIL 7, 2016 JENNIFER M. FERRAIOLO, CITY CLERK City of Lodi P.O. Box 3006 Lodi, CA 95241-1910 ORDERED BY: JENNIFER M. FERRAIOLO CITY CLERK PAMELA M. FARRIS DEPUTY CITY CLERK ELIZABETH BURGOS ADMINISTRATIVE CLERK Verify Appearance of this Legal in the Newspaper — Copy to File Emailed to the Sentinel at dianer@lodinews.com at 49 otme) on (date) (pages) LNS Phoned to confirm receipt of all pa -goo at Itire) EB: —LY -MF '(Initials) forms\advins.doc rfio[' DECLARATION OF POSTING PUBLIC HEARING TO CONSIDER THE VIGILANT/LEARN SOFTWARE LODI POLICE DEPARTMENT USAGE POLICY On Thursday, April 7, 2016, in the City of Lodi, San Joaquin County, California, a Notice of Public Hearing to consider the Vigilant/LEARN software Lodi Police Department usage policy (attached and marked as Exhibit A), was posted at the following locations: Lodi City Clerk's Office Lodi City Hall Lobby Lodi Carnegie Forum WorkNet Office I declare under penalty of perjury that the foregoing is true and correct. Executed on April 7, 2016, at Lodi, California. PAMELA M. FARRIS DEPUTY CITY CLERK NAAdministration\CLERK\Public Hearings\AFFADAVITS\DECPOST.DOC ORDERED BY: JENNIFER M. FERRAIOLO CITY CLERK ELIZABETH BURGOS ADMINISTRATIVE CLERK ` CITY OF LODI Carnegie Forum 305 West Pine Street, Lodi NOTICE OF PUBLIC HEARING Date: April 20, 201 IPjIT A Time: 7:00 p.m. fEX'0 1 1 For information regarding this notice please contact: Jennifer M. Ferraiolo City Clerk Telephone: (209) 333-6702 NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN that on Wednesday, April 20, 2016, at the hour of 7:00 p.m., or as soon thereafter as the matter may be heard, the City Council will conduct a public hearing at the Carnegie Forum, 305 West Pine Street, Lodi, to consider the following item: a) Consider the Vigilant/LEARN software Lodi Police Department usage policy. Information regarding this item may be obtained in the Lodi Police Department, 215 West Elm Street, Lodi, (209) 333-6727. All interested persons are invited to present their views and comments on this matter. Written statements may be filed. with the City Clerk, City Hall, 221 West Pine Street, 2°d Floor, Lodi, 95240, at any time prior to the hearing scheduled herein, and oral statements may be made at said hearing. If you challenge the subject matter in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice or in written correspondence delivered to the City Clerk, 221 West Pine Street, at or prior to the close of the public hearing. By Order of the Lodi City Council: nrfer101 eybetA" City Clerk Dated: April 6, 2016 Ap roved as to form: Janice D agdich Amey CLERK\PUBHEAR\NOTICES\NOT_Vigilant.doc 3/31/16