Submitted By
Paul L. Stephanides, Village Attorney and Shatonya Johnson, Police Chief
Reviewed By
Ahmad M. Zayyad, Deputy Village Manager / Interim Director of Development Customer Services
Agenda Item Title
Title
Presentation and Discussion on a Proposed Ordinance regarding Law Enforcement Surveillance Oversight to Promote Transparency and to Protect Civil Rights and Civil Liberties
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Overview
Overview
A motion has been made by Trustee Wesley and seconded by Trustee Robinson to review the Civic Information Systems Commission (“CISC”) recommendation related to the American Civil Liberties Union’s (“ACLU”) Community Control Over Police Surveillance (“CCOPS”) model Ordinance. The ACLU’s model Ordinance is intended to provide oversight of law enforcement technology to promote transparency and to protect civil rights and civil liberties. Attached with this item is a draft Ordinance from Village staff based on the ACLU’s model Ordinance and the CISC’s recommendation.
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Anticipated Actions/Commitments
Recommendation
The Village Board will discuss the CISC’s recommendation with possible adoption of an Ordinance at a future Board meeting.
Report
A motion was made by Trustee Wesley and seconded by Trustee Robinson to review the Civic Information Systems Commission (“CISC”) recommendation related to the American Civil Liberties Union’s (“ACLU”) Community Control Over Police Surveillance (“CCOPS”) model Ordinance. The ACLU’s model Ordinance is intended to provide oversight of law enforcement technology to promote transparency and to protect civil rights and civil liberties. The CISC made its recommendation at its February 9, 2023 meeting, and a memorandum from the CISC to the Village Board dated February 13, 2023 is included with this item. The CISC recommended that the Village adopt its own surveillance technology Ordinance that is in the spirit of the ACLU’s model Ordinance, which is also included with this item.
As stated in the CISC’s memorandum, approximately twenty (20) municipalities across the United States in major metropolitan areas as well as in smaller municipalities have adopted law enforcement surveillance technology Ordinances based upon the ACLU’s model Ordinance. Such major metropolitan areas include Boston, Massachusetts, New York City, New York, San Diego, California, San Francisco, California, and Seattle, Washington. The ACLU’s model Ordinance is more readily designed for major municipalities. Dayton, Ohio (pop. 137,571) is an example of a smaller municipality that has adopted a surveillance technology Ordinance, which is attached with this item.
Dayton used the ACLU’s model Ordinance as a guide and Dayton’s Ordinance is what was used to draft the Ordinance included for Board review. Dayton’s Ordinance includes a public hearing process prior to the approval, procurement and implementation of surveillance technologies by its police department.
The draft Ordinance attached with this item includes a public hearing process and also an oversight process following Board approval. This process follows in part the process that was used to approve the Police Department’s use of automated license plate recognition technology in 2022. The draft Ordinance contains limited exceptions under the definition of surveillance technology and an exigent circumstances exception for temporary emergency use of surveillance technology. If this exception is utilized, the Police Chief must provide a report to the Village Board to explain the exigent circumstances and why the circumstances warranted the technology usage. This report must also be posted on the Village’s website.
To date, it appears that no Illinois municipality has adopted a surveillance technology Ordinance. The State of Illinois has adopted two laws regarding surveillance technology. The first law, the Freedom from Drone Surveillance Act, which went into effect on January 1, 2014 and is codified at 725 ILCS 167/1 et seq., prohibits the use of drones for law enforcement purposes. The law was amended in 2023 to allow the use of drones at outdoor, government-hosted events, such as parades, walks, races, concerts or food festivals. The law explicitly bars drones from being used to monitor “any political protest, march, demonstration, or other assembly protected by the First Amendment.” The law also allows police to use drones when responding to 911 calls to find victims, to assist with health or safety needs or to coordinate emergency personnel. Facial recognition technology as part of drone usage is prohibited. Under the CISC recommendation, if the Village’s Police Department wished to use drones for any of the permitted purposes under the law, the Police Department would first have to seek approval from the Village Board pursuant to the public process contained in the draft Ordinance, except under the exigent circumstances exception.
The next law that was adopted by the State of Illinois is the Freedom from Location Surveillance Act, which into effect on August 26, 2014, and is codified at 725 ILCS 168/1 et seq. This law prohibits any law enforcement agency in the State of Illinois, which includes the Village’s Police Department, from obtaining location information of any person without a court order. Both of these laws are included with this item. The laws are incorporated as part of the draft Ordinance and where these laws conflict with a provision of the draft Ordinance, the more stringent provision will govern.
DEI Impact
The proposed draft Ordinance is intended to protect civil rights and civil liberties of all persons by providing a process for the oversight of surveillance technology for law enforcement purposes prior to such technology being implemented by the Village.
Alternatives
Not adopt a surveillance technology Ordinance and comply with current state law.