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(a) A Department that obtains approval for the acquisition of Surveillance Technology under Section 19B.2 must submit to the Board of Supervisors and COIT, and make available on its website, an Annual Surveillance Report for all Surveillance Technology used by the City Department within 12 months of Board approval of the applicable Surveillance Technology Policy, and on or before November 1 every two years thereafter. If the Department is unable to meet the deadline, the Department may submit a request to COIT for an extension of the deadline. COIT may extend the deadline for good cause. For each report a Department submits to the Board of Supervisors, the Department shall include a resolution to accept the report.
(b) By no later than February 15 of each year, the Board of Supervisors shall publish a summary of all requests for Board approval of Surveillance Technology Policy ordinances for the prior calendar year, which shall include a summary of any Board action related to such requests, and all Annual Surveillance Reports submitted in the prior calendar year.
(c) By no later than February 15 of each year, COIT shall post on its website each Annual Surveillance Report submitted to COIT in the prior year.
(a) A Department may temporarily acquire or temporarily use Surveillance Technology in exigent circumstances without following the provisions of this Chapter 19B. If a Department acquires or uses Surveillance Technology under this Section 19B.7, the Department shall do all of the following:
(1) Use the Surveillance Technology solely to respond to the exigent circumstances;
(2) Cease using the Surveillance Technology within seven days, or when the exigent circumstances end, whichever is sooner;
(3) Keep and maintain only data related to the exigent circumstances, and dispose of any data that is not relevant to an ongoing investigation, unless its retention is (A) authorized by a court based on a finding of probable cause to believe the information constitutes evidence of a crime; or (B) otherwise required by law;
(4) Not disclose to any third party any information acquired during exigent circumstances unless such disclosure is (A) authorized by a court based on a finding of probable cause to believe the information constitutes evidence of a crime; or (B) otherwise required by law; and
(5) Submit a written report summarizing that acquisition and/or use of Surveillance Technology under this Section 19B.7 to the Board of Supervisors within 60 days following the inception of the exigent circumstances.
(b) Any Surveillance Technology temporarily acquired in exigent circumstances shall be returned within 7 days following the conclusion of the exigent circumstances, unless the Department acquires the Surveillance Technology in accordance with the requirements of this Chapter 19B.
(a) If a Department alleged to have violated this Chapter 19B takes corrective measures in response to such allegation, the Department shall post a notice on the Department’s website that generally describes any corrective measure taken to address such allegation.
(b) Any alleged violation of this Chapter 19B for which the City received notice under subsection (c) and that is not corrected by the Department within 30 days of receipt of the notice, constitutes a legally cognizable basis for relief,,1
and any person affected thereby may institute proceedings for injunctive relief, declaratory relief, or writ of mandate to remedy the violation, in any court of competent jurisdiction to enforce this Chapter 19B. An action instituted under this subsection (b) shall be brought against the City.
(c) Prior to the initiation of any legal proceeding under subsection (b), the City must be given written notice of the alleged violation(s) and an opportunity to correct such alleged violation(s) within 30 days of receipt of the notice.
(d) If the alleged violation(s) is substantiated and subsequently corrected, a notice shall be posted in a conspicuous space on the City’s website that describes the corrective measure(s) taken to address the violation(s).
(e) A court shall award costs and reasonable attorney’s fees to a plaintiff who is a prevailing party in any action brought under subsection (b).
CODIFICATION NOTE
After notice and a public hearing, the City Administrator or the City Administrator’s designee is authorized to adopt or amend rules, regulations, operational standards and interpretative guidelines (“Implementing Standards”) that are not inconsistent with this Chapter 19B or its purposes and that will assist and guide departments in implementing this Chapter. An Implementing Standard adopted under this Section 19B.9 shall not become operative until 10 days after the notice of the adoption is posted on the City Administrator’s website. The Implementing Standard shall cease to be operative if an ordinance referring to the specific Implementing Standard and proposing to address the same subject matter as that Implementing Standard is introduced at the Board of Supervisors.
(Added by Ord. 286-19, File No. 190926, App. 12/20/2019, Eff. 1/20/2020)
(a) Each Department shall post each Surveillance Technology Policy for that Department that has been approved by the Board of Supervisors in accordance with this Chapter 19B, on the Department’s website within 10 days of the Board’s approval of the policy.
(b) There shall be an Appendix to this Chapter 19B, which shall contain a record of all Surveillance Technology Policies approved by the Board of Supervisors in accordance with this Chapter 19B. Upon approval by ordinance of a Surveillance Technology Policy, the City Attorney shall cause said policy to be identified in said Appendix.
(Added by Ord. 116-21, File No. 210559, App. 8/4/2021, Eff. 9/4/2021)