SEC. 19.6. PROTOCOLS FOR OVERSIGHT AND ACCESS TO

(a) Access to the recorders for public safety cameras shall be limited to personnel from the DT for purposes of installation, repair, maintenance and upgrades, and to Custodian of Records staff from the Department of Emergency Management (“DEM”). DEM staff shall be responsible for proper release of the records.

(b) The camera recording devices shall be kept in secure areas with password protection for access.

(c) Members of the Police Department may obtain copies of the recordings or access to live-feeds by presenting a written request to DEM. The request shall be submitted by a sworn member of the Department holding the rank of Sergeant or higher, and approved by a Captain or higher-ranking officer. In exigent circumstances only, DEM may release the recordings and/or live-feed access to the Sergeant or higher-ranking officer prior to receipt of a written request, but in that circumstance the requesting officer the [1 ] must then provide DEM a written justification for the release, including specification of the exigent circumstances, approved by a sworn member holding the rank of Captain or higher, within seven days from the release.

(d) The Public Defender, other criminal defense attorney, or an investigator appointed by the Court to assist a pro se criminal defendant may submit a written request to obtain copies of the recordings to DEM. A copy of the request shall be delivered concurrently to the Office of the District Attorney. The request shall include the name and court number of the charged criminal case, the time and place of the recordings, and a declaration under penalty of perjury verifying that the request is made in connection with the investigation or defense of a charged criminal case and further declaring under penalty of perjury that the attorney or investigator will use any public safety camera recordings released by DEM only in connection with the charged criminal case. Upon receipt of the written request, DEM shall preserve for 180 days any recordings requested and deliver a copy of the recordings to the Office of the District Attorney. The District Attorney may review the recordings with members of the Police Department at the rank of Sergeant or higher in determining whether to seek a court order preventing disclosure. DEM shall deliver to the requesting individual a copy of the recordings within five court days of the disclosure to the District Attorney, unless the District Attorney applies for a court order to prevent disclosure of the recordings pursuant to existing law. If the District Attorney applies for a court order to prevent disclosure, DEM shall not produce the recordings to the requesting individual until the court issues a decision regarding production.

(e) DEM may only release records to agencies or individuals other than those specified in section 19.3 pursuant to a court order. DEM must notify the Board of Supervisors within seven days of any release pursuant to a court order.

(f) Under no circumstances may recordings from public safety cameras be used for personal purposes.

(g) DT shall ensure that public safety cameras retain data for a period of 30 days, unless the Department advises that a longer retention period is required for an active investigation.

(h) DEM, through a written agreement, may delegate its authority and responsibility under this Chapter 19 to DT or another non-law enforcement department.

(Added by Ord. 127-06, File No. 060086, App. 6/22/2006; Ord. 32-08, File No. 071536, App. 3/4/2008; amended by Proposition E, 3/5/2024, Eff. 4/12/2024)

CODIFICATION NOTE

1. So in Proposition E, 3/5/2024.