pages: CityCouncil/2018-02-06.pdf, 18
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CityCouncil | 2018-02-06 | 18 | The Assistant City Attorney responded the Sixth Circuit. Vice Mayor Vella inquired whether the Ninth Circuit has addressed ALPR's. The Assistant City Attorney responded in the negative; stated that he had limited time to conduct more research. Vice Mayor Vella stated there is a 2009 Ninth Circuit case from San Francisco dealing with ALPR's misreading license plates; stated the Ninth Circuit is holding that technology alone cannot be the basis for a stop; inquired whether APD has something in the policy that specifically addresses said issue. The Police Chief responded in the affirmative; stated the Officers have to independently verify the hit on the license plate. Vice Mayor Vella inquired how the Officers conduct the verification. The Police Chief responded that the Officer verify the make and model of the vehicle with dispatch. Vice Mayor Vella inquired whether data is exempt from the California Public Records Act due to the data being investigative reports. The Assistant City Attorney responded in the affirmative. Vice Mayor Vella stated the California Supreme Court indicated that is not acceptable and sent the matter back down to the Superior Court in 2017. The Police Chief stated said case was appealed and is pending being heard by the U.S. Supreme Court; the issue is a records issue, not technology or data storage; the issue is whether the data is releasable under the California Public Records Act. The Assistant City Attorney stated the consensus among the City Attorney community is that ALPR records should be treated as investigative reports just like any other police record and should not be disclosed. Vice Mayor Vella inquired whether the City of Alameda is following said policy, to which the Assistant City Attorney responded in the affirmative. Councilmember Ezzy Ashcraft inquired what the process should be if the Council wants to go with another vendor. The City Manager responded Council could direct staff to allocate the funds for purchase of ALPR's and to move forward with an RFP; the RFP would include specific language on the City's policy; the contract would be open to any contractor, including Vigilant; the criteria will be based on Council input. Regular Meeting Alameda City Council 16 February 6, 2018 | CityCouncil/2018-02-06.pdf |