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APPROVED AS TO FORM AND LEGALITY

2018 APR 26 PH 3:03
City Attorney’s Office

AMENDED A T THE APRIL 24, 2018 PUBLIC SAFETY COMMITTEE

OAKLAND CITY COUNCIL
ORDINANCE NO.

C.M.S.

ORDINANCE ADDING CHAPTER 9.64 TO THE OAKLAND
MUNICIPAL CODE ESTABLISHING RULES FOR THE
CITY’S ACQUISITION AND USE OF SURVEILLANCE
EQUIPMENT
WHEREAS, the City Council finds it is essential to have an informed
public debate as early as possible about decisions related to the City of
Oakland’s (“City”) acquisition and use of surveillance technology; and
WHEREAS, the City Council finds that, while the use of surveillance
technology may threaten the privacy of all citizens, throughout history,
surveillance efforts have been used to intimidate and oppress certain
communities and groups more than others, including those that are defined by a
common race, ethnicity, religion, national origin, income level, sexual orientation
or political perspective; and
WHEREAS, while acknowledging the significance of protecting the privacy
of citizens, the City Council finds that surveillance technology may also be a
valuable tool to bolster community safety and aid in the investigation and
prosecution of crimes; and
WHEREAS, the City Council finds that surveillance technology includes
not just technology capable of accessing non-public places or information (such
as wiretaps) but also may include technology which aggregates publicly available
information, because such information, in the aggregate or when pieced together
with other information, has the potential to reveal a wealth of detail about a
person’s familial, political, professional, religious, or sexual associations; and
WHEREAS, the City Council finds that no decisions relating to the City’s
use of surveillance technology should occur without strong consideration being
given to the impact such technologies may have on civil rights and civil liberties,
including those rights guaranteed by the California and United States
Constitutions; and

 WHEREAS, the City Council finds that any and all decisions regarding if
and how the City’s surveillance technologies should be funded, acquired, or used
should include meaningful public input and that public opinion should be given
significant weight in policy decisions; and
WHEREAS, the City Council finds that legally enforceable safeguards,
including robust transparency, oversight, and accountability measures, must be
in place to protect civil rights and civil liberties before any City surveillance
technology is deployed; and
WHEREAS, the City Council finds that if a surveillance technology is
approved, data reporting measures must be adopted that empower the City
Council and public to verify that mandated civil rights and civil liberties
safeguards have been strictly adhered to.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF OAKLAND
DOES ORDAIN AS FOLLOWS:
SECTION 1. This Ordinance shall be known as the Surveillance and
Community Safety Ordinance.
SECTION 2. Oakland Municipal Code Chapter 9.64, is hereby added
as set forth below (chapter and section numbers are indicated in bold type.
Chapter 9.64 REGULATIONS ON CITY’S ACQUISTION AND USE OF
SURVEILLANCE TECHNOLOGY
9.64.010.

DEFINITIONS. The following definitions apply to this
Chapter.

1. “Annual Surveillance Report” means a written report concerning a specific
surveillance technology that includes all the following:
A. A description of how the surveillance technology was used, including
the type and quantity of data gathered or analyzed by the technology;
B. Whether and how often data acquired through the use of the
surveillance technology was shared with outside entities, the name of
any recipient entity, the type(s) of data disclosed, under what legal
standard(s) the information was disclosed, and the justification for the
disclosure(s);
C. Where applicable, a breakdown of what physical objects the
surveillance technology hardware was installed upon; using general
descriptive terms so as not to reveal the specific location of such

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 D.
E.

F.

G.

H.

I.
J.

K.

hardware; for surveillance technology software, a breakdown of what
data sources the surveillance technology was applied to;
Where applicable, a breakdown of where the surveillance technology
was deployed geographically, by each Police Area in the relevant year;
A summary of community complaints or concerns about the
surveillance technology, and an analysis of the technology’s adopted
use policy and whether it is adequate in protecting civil rights and civil
liberties.
The results of any internal audits, any information about violations or
potential violations of the Surveillance Use Policy, and any actions
taken in response unless the release of such information is prohibited
by law, including but not limited to confidential personnel file
information.
Information about any data breaches or other unauthorized access to
the data collected by the surveillance technology, including information
about the scope of the breach and the actions taken in response;
Information, including crime statistics, that helps the community assess
whether the surveillance technology has been effective at achieving its
identified purposes;
Statistics and information about public records act requests regarding
the relevant subject surveillance technology, including response rates;
Total annual costs for the surveillance technology, including personnel
and other ongoing costs, and what source of funding will fund the
technology in the coming year; and
Any requested modifications to the Surveillance Use Policy and a
detailed basis for the request.

2. “City” means any department, agency, bureau, and/or subordinate division
of the City of Oakland as provided by Chapter 2.29 of the Oakland
Municipal Code.
3. “City staff” means City personnel authorized by the City Administrator or
designee to seek City Council Approval of Surveillance Technology in
conformance with this Chapter.
4. “Continuing agreement” means an agreement that automatically renews
unless terminated by one party.
5. “Exigent circumstances” means a law enforcement agency’s good faith
belief that an emergency involving danger of, or imminent threat of the
destruction of evidence regarding, death or serious physical injury to any
person requires the use of surveillance technology or the information it
provides.

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 6. “Large-scale event” means an event attracting ten thousand (10,000) or
more people with the potential to attract national media attention that
provides a reasonable basis to anticipate that exigent circumstances may
occur.
7. “Personal communication device” means a mobile telephone, a personal
digital assistant, a wireless capable tablet and a similar wireless two-way
communications and/or portable Internet accessing devices, whether
procured or subsidized by a City entity or personally owned, that is used in
the regular course of City business.
8. “Police area” refers to each of the geographic districts assigned to a police
commander and as such districts are amended from time to time.
9. “Surveillance” or “surveil” means to observe or analyze the movements,
behavior, data, or actions of individuals. Individuals include those whose
identity can be revealed by license plate data when combined with any
other record.
10. “Surveillance technology” means any software, electronic device, system
utilizing an electronic device, or similar used, designed, or primarily
intended to collect, retain, analyze, process, or share audio, electronic,
visual, location, thermal, olfactory, biometric, or similar information
specifically associated with, or capable of being associated with, any
individual or group. Examples of surveillance technology include, but is not
limited to the following: cell site simulators (Stingrays); automatic license
plate readers; gunshot detectors (ShotSpotter); facial recognition software;
thermal imaging systems; body-worn cameras; social media analytics
software; gait analysis software; video cameras that record audio or video,
and transmit or can be remotely.accessed. It also includes software
designed to monitor social media services or forecast criminal activity or
criminality, biometric identification hardware or software.
A. “Surveillance technology” does not include the following devices or
hardware, unless they have been equipped with, or are modified to
become or include, a surveillance technology as defined above:

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 1. Routine office hardware, such as televisions, computers, credit card
machines, badge readers, copy machines, and printers, that is in
widespread use and will not be used for any surveillance or law
enforcement functions;
2. Parking Ticket Devices (PTDs);
3. Manually-operated, non-wearable, handheld digital cameras, audio
recorders, and video recorders that are not designed to be used
surreptitiously and whose functionality is limited to manually
capturing and manually downloading video and/or audio recordings;
4. Surveillance devices that cannot record or transmit audio or video
or be remotely accessed, such as image stabilizing binoculars or
night vision goggles;
5. Manually-operated technological devices used primarily for internal
municipal entity communications and are not designed to
surreptitiously collect surveillance data, such as radios and
email systems;
6. City databases that do not contain any data or other information
collected, captured, recorded, retained, processed, intercepted, or
analyzed by surveillance technology, including payroll, accounting,
or other fiscal databases.
7. Medical equipment used to diagnose, treat, or prevent disease or
injury.
8. Police department interview room cameras.
9. Police department case management systems.
10. Police department early warning systems.
11. Personal Communication Devices that have not been modified
beyond stock manufacturer capabilities in a manner described
above.
6. “Surveillance Impact Report” means a publicly-released written report
including at a minimum the following:
A. Description: Information describing the surveillance technology and
how it works, including product descriptions from manufacturers;
B. Purpose: Information on the proposed purposes(s) for the surveillance
technology;
C. Location: The location(s) it may be deployed, using general
descriptive terms, and crime statistics for any location(s);
D. Impact: An assessment of the technology’s adopted use policy and
whether it is adequate in protecting civil rights and liberties and
whether the surveillance technology was used or deployed,
intentionally or inadvertently, in a manner that is discriminatory,
viewpoint-based, or biased via algorithm;

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 E. Mitigations: Identify specific, affirmative technical and procedural
measures that will be implemented to safeguard the public from each
such impacts;
F. Data Types and Sources: A list of all types and sources of data to be
collected, analyzed, or processed by the surveillance technology,
including “open source” data, scores, reports, logic or algorithm used,
and any additional information derived therefrom;
G. Data Security: Information about the steps that will be taken to ensure
that adequate security measures are used to safeguard the data
collected or generated by the technology from unauthorized access or
disclosure;
H. Fiscal Cost: The fiscal costs for the surveillance technology, including
initial purchase, personnel and other ongoing costs, and any current or
potential sources of funding;
I. Third Party Dependence: Whether use or maintenance of the
technology will require data gathered by the technology to be handled
or stored by a third-party vendor on an ongoing basis;
J. Alternatives: A summary of all alternative methods (whether involving
the use of a new technology or not) considered before deciding to use
the proposed surveillance technology, including the costs and benefits
associated with each alternative and an explanation of the reasons
why each alternative is inadequate; and,
K. Track Record: A summary of the experience (if any) other entities,
especially government entities, have had with the proposed
technology, including, if available, quantitative information about the
effectiveness of the propose^ technology in achieving its stated
purpose in other jurisdictions, and any known adverse information
about the technology (such as unanticipated costs, failures, or civil
rights and civil liberties abuses).
7. "Surveillance Use Policy" means a publicly-released and legally
enforceable policy for use of the surveillance technology that at a
minimum specifies the following:
A. Purpose: The specific purpose(s) that the surveillance technology is
intended to advance;
B. Authorized Use: The specific uses that are authorized, and the rules
and processes required prior to such use;

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 C. Data Collection: The information that can be collected by the
surveillance technology. Where applicable, list any data sources the
technology will rely upon, including “open source” data;
D. Data Access: The category of individuals who can access or use the
collected information, and the rules and processes required prior to
access or use of the information;
E. Data Protection: The safeguards that protect information from
unauthorized access, including encryption and access control
mechanisms;
F. Data Retention: The time period, if any, for which information
collected by the surveillance technology will be routinely retained, the
reason such retention period is appropriate to further the purpose(s),
the process by which the information is regularly deleted after that
period lapses, and the specific conditions that must be met to retain
information beyond that period;
G. Public Access: How collected information can be accessed or used
by members of the public, including criminal defendants;
H. Third Party Data Sharing: If and how other City departments,
bureaus, divisions, or non-City entities can access or use the
information, including any required justification or legal standard
necessary to do so and any obligations imposed on the recipient of the
information;
I. Training: The training required for any individual authorized to use the
surveillance technology or to access information collected by the
surveillance technology;
J. Auditing and Oversight: The mechanisms to ensure that the
Surveillance Use Policy is followed, including internal personnel
assigned to ensure compliance with the policy, internal recordkeeping
of the use of the technology or access to information collected by the
technology, technical measures to monitor for misuse, any
independent person or entity with oversight authority, and the legally
enforceable sanctions for violations of the policy; and
K. Maintenance: The mechanisms and procedures to ensure that the
security and integrity of the surveillance technology and collected
information will be maintained.
9.64.020

Privacy Advisory Commission (PAC) Notification and
Review Requirements

1. PAC Notification Required Prior to City Solicitation of Funds and
Proposals for Surveillance Technology.

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 A. City staff shall notify the Chair of the Privacy Advisory Commission
prior to:
1. Seeking or soliciting funds for surveillance technology, including but
not limited to applying for a grant; or,
2. Soliciting proposals with a non-City entity to acquire, share or
otherwise use surveillance technology or the information it
provides.
B. Upon notification by City staff, the Chair of the Privacy Advisory
Commission shall place the item on the agenda at the next Privacy
Advisory Commission meeting for discussion and possible action. At
this meeting, City staff shall inform the Privacy Advisory Commission of
the need for the funds or equipment, or shall otherwise justify the
action City staff will seek Council approval for pursuant to 9.64.030.
The Privacy Advisory Commission may make a recommendation to the
City Council by voting its approval to proceed, object to the proposal,
recommend that the City staff modify the proposal, or take no action.
C. Should the Privacy Advisory Commission not make a recommendation
pursuant to 9.64.020.1 .B, City staff may proceed and seek Council
Approval of the proposed Surveillance Technology initiative pursuant
to the requirements of Section 9.64.030.
2. PAC Review Required for New Surveillance Technology Before City
Council Approval
A. Prior to seeking City Council approval under Section 9.64.030, City
staff shall submit a Surveillance Impact Report and a Surveillance Use
Policy for the proposed new surveillance technology initiative to the
Privacy Advisory Commission for its review at a regularly noticed
meeting. The Surveillance Impact Report and Surveillance Use Policy
must address the specific subject matter specified for such reports as
defined under 9.64.010.
B. The Privacy Advisory Commission shall recommend that the City
Council adopt, modify, or reject the proposed Surveillance Use Policy.
If the Privacy Advisory Commission proposes that the Surveillance Use
Policy be modified, the Privacy Advisory Commission shall propose
such modifications to City staff. City staff shall present such

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 modifications to City Council when seeking City Council approval
under Section 9.64.030.
C. Failure by the Privacy Advisory Commission to make its
recommendation on the item within 90 days of submission shall enable
the City entity to proceed to the City Council for approval of the item.
3. PAC Review Requirements for Existing Surveillance Technology Before
City Council Approval
A. Prior to seeking City Council approval for existing City surveillance
technology under Section 9.64.030 City staff shall submit a
Surveillance Impact Report and Surveillance Use Policy to the Privacy
Advisory Commission for its review at a regularly noticed meeting. The
Surveillance Impact Report and Surveillance Use Policy must address
the specific subject matter specified for such reports as defined under
9.64.010.
B. Prior to submitting the Surveillance Impact Report and proposed
Surveillance Use Policy as described above, City staff shall present to
the Privacy Advisory Commission a list of surveillance technology
possessed and/or used by the City.
C. The Privacy Advisory Commission shall rank the items in order of
potential impact to civil liberties.
D. Within sixty (60) days of the Privacy Advisory Commission’s action in
9.64.020.1.C., City staff shall submit at least one (1) Surveillance
Impact Report and proposed Surveillance Use Policy per month to the
Privacy Advisory Commission for review, beginning with the highestranking items as determined by the Privacy Advisory Commission, and
continuing thereafter each month until a policy has been submitted for
each item on the list.
E. Failure by the Privacy Advisory Commission to make its
recommendation on any item within 90 days of submission shall
enable City staff to proceed to the City Council for approval of the item
pursuant to Section 9.64.030.
9.64.030.

City Council Approval Requirements for New and Existing
Surveillance Technology.

1. City staff must obtain City Council approval prior to any of the following:

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 A. Accepting state or federal funds or in-kind or other donations for
surveillance technology;
B. Acquiring new surveillance technology, including but not limited to
procuring such technology without the exchange of monies or
consideration;
C. Using new surveillance technology, or using existing surveillance
technology or the information it provides for a purpose, in a manner, or
in a location not previously approved by the City Council pursuant to
the requirements of this ordinance; or
D. Entering into a continuing agreement or written agreement with a nonCity entity to acquire, share or otherwise use surveillance technology
or the information it provides, including data sharing agreements.
E. Notwithstanding any other provision of this section, nothing herein shall
be construed to prevent, restrict or interfere with any person providing
evidence or information derived from surveillance technology to a law
enforcement agency for the purposes of conducting a criminal
investigation or the law enforcement agency from receiving such
evidence or information.
2. City Council Approval Process
A. After the PAC Notification and Review requirements in Section
9.64.020 have been met, City staff seeking City Council approval shall
schedule for City Council consideration and approval of the proposed
Surveillance Impact Report and proposed Surveillance Use Policy, and
include Privacy Advisory Commission recommendations at least fifteen
(15) days prior to a mandatory, properly-noticed, germane public
hearing. Approval may only occur at a public hearing.
B. The City Council shall only approve any action as provided in this
Chapter after first considering the recommendation of the Privacy
Advisory Commission, and subsequently making a determination that
the benefits to the community of the surveillance technology outweigh
the costs; that the proposal will safeguard civil liberties and civil rights;
and that, in the City Council’s judgment, no alternative with a lesser
economic cost or impact on civil rights or civil liberties would be as
effective.
C. For Approval of Existing Surveillance Technology for which the Privacy
Advisory Commission failed to make its recommendation within ninety
(90) days of review as provided for under 9.64.020.3.E, if the City

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 Council has not reviewed and approved such item within four City
Council meetings from when the item was initially scheduled for City
Council consideration, the City shall cease its use of the surveillance
technology until such review and approval occurs.
3. Surveillance Impact Reports and Surveillance Use Policies are Public
Records
City staff shall make the Surveillance Impact Report and Surveillance Use
Policy, as updated from time to time, available to the public as long as the
City uses the surveillance technology in accordance with its request
pursuant to Section 9.64.020.A.1.
9.64.035. Use of Unapproved Technology during Exigent Circumstances or
Large-Scale Event
1. City staff may temporarily acquire or use surveillance technology and
the data derived from that use in a manner not expressly allowed by a
Surveillance Use Policy in two types of circumstances without following
the provisions of Section 9.64.030: (A) Exigent circumstances, and (B)
a Large-scale event.
2. If City staff acquires or uses a surveillance technology in the two
circumstances pursuant to subdivision (1), the City staff shall:
A. Use the surveillance technology to solely respond to the Exigent
circumstances or Large-scale event.
B. Cease using the surveillance technology when the Exigent
circumstances or Large scale event ends.
C. Only keep and maintain data related to the Exigent circumstances
and dispose of any data that is not relevant to an ongoing
investigation.
D. Following the end of the Exigent circumstances or Large-scale
event, report that acquisition or use to the PAC at their next
respective meetings for discussion and/or possible
recommendation to the City Council in accordance with the
Sunshine Ordinance, the Brown Act, and City Administrator
deadlines.
3. Any technology temporarily acquired in Exigent circumstances or
during a Large-scale event shall be returned within seven days
following its acquisition, or when the exigent circumstances end,
whichever is sooner, unless the technology is submitted to the City
Council for approval pursuant to Section 9.64.030 and is approved. If

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 the agency is unable to comply with the seven-day timeline, the
agency shall notify the City Council, who may grant an extension.

9.64.040. Oversight Following City Council Approval
1. On March 15th of each year, or at the next closest regularly scheduled
Privacy Advisory Commission meeting, City staff must present a written
Annual Surveillance Report for Privacy Advisory Commission review for
each approved surveillance technology item. If City staff is unable to meet
the March 15th deadline, City staff shall notify the Privacy Advisory
Commission in writing of staff’s request to extend this period, and the
reasons for that request. The Privacy Advisory Commission may grant a
single extension of up to sixty (60) days to comply with this provision.
A. After review by the Privacy Advisory Commission, City staff shall
submit the Annual Surveillance Report to the City Council.
B. The Privacy Advisory Commission shall recommend to the City Council
that the benefits to the community of the surveillance technology
outweigh the costs and that civil liberties and civil rights are
safeguarded; that use of the surveillance technology cease; or propose
modifications to the corresponding Surveillance Use Policy that will
resolve the concerns.
C. Failure by the Privacy Advisory Commission to make its
recommendation on the item within 90 days of submission shall enable
the City entity to proceed to the City Council for approval of the Annual
Surveillance Report.
D. In addition to the above submission of any Annual Surveillance Report,
City staff shall provide in its report to the City Council a summary of all
requests for City Council approval pursuant to Section 9.64.030 and
the pertinent Privacy Advisory Commission recommendation, including
whether the City Council approved or rejected the proposal and/or
required changes to a proposed Surveillance Use Policy before
approval.

2. Based upon information provided in City staff’s Annual Surveillance
Report and after considering the recommendation of the Privacy Advisory

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 Commission, the City Council shall re-visit its “cost benefit” analysis as
provided in Section 9.64.030.2.B and either uphold or set aside the
previous determination. Should the City Council set aside its previous
determination, the City’s use of the surveillance technology must cease.
Alternatively, City Council may require modifications to the Surveillance
Use Policy that will resolve any deficiencies.

9.64.050. Enforcement
1. Violations of this article are subject to the following remedies:
A. Any violation of this Ordinance, or of a Surveillance Use Policy
promulgated under this Ordinance, constitutes an injury and any
person may institute proceedings for injunctive relief, declaratory relief,
or writ of mandate in the Superior Court of the State of California to
enforce this Ordinance. An action instituted under this paragraph shall
be brought against the respective City department, and the City of
Oakland, and, if necessary to effectuate compliance with this
Ordinance or a Surveillance Use Policy (including to expunge
information unlawfully collected, retained, or shared thereunder), any
other governmental agency with possession, custody, or control of
data subject to this Ordinance, to the extent permitted by law.
B. Any person who has been subjected to a surveillance technology in
violation of this Ordinance, or about whom information has been
obtained, retained, accessed, shared, or used in violation of this
Ordinance or of a Surveillance Use Policy promulgated under this
Ordinance, may institute proceedings in the Superior Court of the State
of California against the City of Oakland and shall be entitled to
recover actual damages (but not less than liquidated damages of
$1,000 or $100 per day for each day of violation, whichever is greater).
C. A court shall award costs and reasonable attorneys' fees to the plaintiff
who is the prevailing party in; an action brought under paragraphs (A)
or (B).
D. Violations of this Ordinance by a City employee shall result in
consequences that may include retraining, suspension, or termination,
subject to due process requirements and in accordance with any
Memorandums of Understanding with employee bargaining units.

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 9.64.060. Secrecy of Surveillance Technology
It shall be unlawful for the City to enter into any surveillance-related contract
or other agreement that conflicts with the provisions of this Ordinance, and
any conflicting provisions in such future contracts or agreements, including
but not limited to non-disclosure agreements, shall be deemed void and
legally unenforceable.
To the extent permitted by law, the City shall publicly disclose all of its
surveillance-related contracts, including any and all related non-disclosure
agreements, if any, regardless of any contract terms to the contrary.
9.64.070. Whistleblower Protections.
1. Neither the City nor anyone acting on behalf of the City may take or fail to
take, or threaten to take or fail to take, a personnel action with respect to
any employee or applicant for employment, including but not limited to
discriminating with respect to compensation, terms and conditions of
employment, access to information, restrictions on due process rights, or
civil or criminal liability, because:
A. The employee or applicant was perceived to, about to, or assisted in
any lawful disclosure of information concerning the funding,
acquisition, or use of a surveillance technology or surveillance data
based upon a good faith belief that the disclosure evidenced a violation
of this Ordinance; or
B. The employee or applicant was perceived to, about to, or assisted or
participated in any proceeding or action to carry out the purposes of
this Ordinance.
2. It shall be grounds for disciplinary action for a City employee or anyone
else acting on behalf of the City to retaliate against another City employee
or applicant who makes a good-faith complaint that there has been a
failure to comply with any Surveillance Use Policy or Administrative
Instruction promulgated under this Ordinance.
3. Any employee or applicant who is injured by a violation of this section may
institute a proceeding for monetary damages and injunctive relief against
the City in any court of competent jurisdiction.

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 SECTION 3. Existing Surveillance Use Policies for the Domain
Awareness Center, Forward Looking Infrared Thermal Imaging Camera
System, and Cell Site Simulator, Must Be Adopted as Ordinances.
Within 180 days of the effective date of this ordinance, City staff shall return
to City Council with an ordinance or ordinances adopting and codifying the
following surveillance use policies under the Oakland Municipal Code: the
Domain Awareness Center (DAC) Policy for Privacy and Data Retention
(Resolution No. 85638 C.M.S., passed June 2, 2015); the Forward Looking
Infrared Thermal Imaging Camera System (FUR) Privacy and Data Retention
Policy (Resolution No. 85807 C.M.S., passed October 6, 2015); and the Cell
Site Simulator Policy (Resolution No. 86585 C.M.S., passed February 7,
2017).
SECTION 4. Severability. If any section, subsection, sentence,
clause or phrase of this Ordinance is for any reason held to be invalid or
unconstitutional by decision of any court of competent jurisdiction, such
decision shall not affect the validity of the remaining portions of the
Chapter. The City Council hereby declares that it would have passed this
Ordinance and each section, subsection, clause or phrase thereof
irrespective of the fact that one or more other sections, subsections, clauses
or phrases may be declared invalid or unconstitutional.
SECTION 5. Effective Date. This ordinance shall become effective
immediately on final adoption if it receives six or more affirmative votes;
otherwise it shall become effective upon the seventh day after final adoption.
IN COUNCIL, OAKLAND, CALIFORNIA,
PASSED BY THE FOLLOWING VOTE:
AYES - BROOKS, CAMPBELL-WASHINGTON, GALLO, GIBSON MCELHANEY, GUILLEN, KALB, KAPLAN
AND PRESIDENT REID
NOESABSENTABSTENTION ATTEST:
LATONDA SIMMONS
City Clerk and Clerk of the Council
of the City of Oakland, California
Date of Attestation:

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NOTICE AND DIGEST
ORDINANCE ADDING CHAPTER 9.64 TO THE OAKLAND
MUNICIPAL CODE ESTABLISHING RULES FOR THE CITY’S
ACQUISITION AND USE OF SURVEILLANCE EQUIPMENT
This ordinance sets rules for how the City of Oakland acquires and
uses surveillance technology. It requires the City to establish
policies governing the use of surveillance technology. It also
provides a review process for new and existing surveillance
technology whereby the Privacy Advisory Commission will evaluate
and provide a public forum for discussion on proposed and existing
City surveillance technology in regards to privacy rights, public
safety, and fiscal considerations. The Ordinance also specifies that
City Council approval is required for the City to use new and
existing surveillance technology. Further, it establishes an ongoing
review process for City Council, on an annual basis to evaluate
whether already approved surveillance technology should continue
to be used based on the same considerations referenced above.

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