CITY OF CARMEL-BY-THE-SEA

CITY COUNCIL
Staff Report
SR 2016-1178
September 13, 2016
Consent Agenda
TO:

Honorable Mayor and City Council Members

SUBMITTED BY:

Michael Calhoun, Director of Public Safety

APPROVED BY:

Chip Rerig, City Administrator

SUBJECT:

Adoption of a resolution of the City Council of the City of Carmel-by-the-Sea approving

the recommend responses to the Monterey County Civil Grand Jury 2016 Final Report
Findings and Recommendations, and authorize the Mayor to sign the cover letter on
behalf of the City Council.

RECOMMENDATION
1) Adopt the proposed responses from the City of Carmel-by-the-Sea to each of the Findings and
Recommendations contained in the Monterey County Civil Grand Jurys Report of June 2016 and
authorize the Mayor to sign the cover letter on behalf of the City Council.
2) Authorize the City Administrator to forward the responses and the cover letter to the Presiding Judge of
the Monterey County Superior Court.
3) Instruct that a copy of the responses be placed on file in City Hall by the City Clerk.

BACKGROUND / SUMMARY
The 2015-16 Monterey County Civil Grand Jury Final Report entitled The Slowly Expanding Use of BodyWorn Video Cameras by Law Enforcement Agencies in Monterey County requires the City of Carmel by-theSea City Council to respond within ninety (90) days following its transmittal, to Finding Numbers F1-F6, F11;
and Recommendation Numbers R1- R5. The final report is dated June 30, 2016.
Prior to the publication of the Monterey County Civil Grand Jury Final Report the City Administrator allocated
funding in the FY 16/17 budget for the Police Department to purchase body worn cameras (BWCs), their
storage system, and appropriate software.
The City Administrator and Public Safety Director strongly supports the purchase and implementation of
BWCs. At the September 13th City Council meeting, Council will be considering the purchase of body worn
cameras and authorize the City Administrator to execute an agreement with the vendor- L3 Communications.
Attachment 1 includes the City of Carmel City Council recommended responses to the 2016 Civil Grand Jury
Final Report- Findings and Recommendations: A cover letter from Mayor Dallas is attached to sign and forward
to the Presiding Judge of the Monterey County Superior Court with the responses to the Findings and
Recommendations. (Attachment 2)

FISCAL IMPACT

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None
FISCAL IMPACT
PRIOR CITY COUNCIL ACTION
None

ATTACHMENTS
1. Resolution
2. City of Carmel-by-the-Sea responses to the Civil Grand Jury Final Report Findings and
Recommendations.
3. Cover letter from Mayor Dallas to the Presiding Judge of the Monterey County Superior Court.

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CITY OF CARMEL-BY-THE-SEA
CITY COUNCIL
RESOLUTION NO. 2016-___

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARMEL-BY-THE-SEA APPROVING THE

RECOMMEDED RESPONSES TO THE MONTEREY COUNTY CIVIL GRAND JURY 2016 FINAL REPORT
FINDINGS AND RECOMMENDATIONS, AND AUTHORIZING THE MAYOR TO SIGN THE COVER LETTER
ON BEHALF OF THE CITY COUNCIL.

WHEREAS, the Monterey County Civil Grand Jury Final Report entitled The Slowly Expanding Use of
Body Worn Cameras by Law Enforcement Agencies in Monterey County requires the City of Carmel by-theSea City Council to respond within 90 days following its transmittal; and
WHEREAS, The City of Carmel-by-the-Sea has included the Carmel City Council recommended
responses to the 2016 Civil Grand Jury Final Report- Findings and Recommendations.
NOW THEREFORE, BE IT RESOLVED THAT THE CITY COUNCIL OF THE CITY OF CARMEL-BYTHE-SEA DOES HEREBY:
1) Approve the recommended responses from the City of Carmel by-the-Sea to each of the Findings
and Recommendations contained in the Monterey County Civil Grand Jurys report of June 2016.
2) Authorize the Mayor to sign the cover letter on behalf of the City Council.
3) Authorize the City Administrator to forward the responses and the cover letter to the Presiding
Judge of the Monterey County Superior Court.
4) Instruct that a copy of the responses by placed on file in City Hall by the City Clerk.
PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF CARMEL-BY-THE-SEA this
13th day of September 2016, by the following roll call vote:
AYES:

COUNCILMEMBERS:

NOES:

COUNCILMEMBERS:

ABSENT:

COUNCILMEMBERS:

ABSTAIN:

COUNCILMEMBERS:

SIGNED:

ATTEST:

_______________________
Steve G. Dallas, Mayor

___________________________
Ashlee Wright, City Clerk

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The City of Carmel by-the-Sea City Council responds to the Civil Grand Jury Final Report findings
and recommendations as follows:
FINDINGS:
F1.

The use of BWCs responds to public demands for greater law enforcement
transparency.
Response F1: The respondent agrees with the finding.

F2.

BWCs, when recording lawful police conduct, provide positive risk management
benefits.
Response F2: The respondent agrees with the finding. The recording of work related
police conduct provides positive risk management benefits.

F3.

BWC recordings can serve as a valuable officer training resource.

Response F3: The respondent agrees with the finding.

F4.

Law enforcement best practices now include law enforcements use of BWCs when
funds have been made available for their purchase and that of required data storage
capacity.
Response F4: The respondent agrees with the finding.

F5.

At a minimum in California, written department policies must comply with the

requirements of Penal Code Section 832.18 (Appendix 3).
Response F5: The respondent agrees with the finding.

F6.

In the absence of other sources of funding, each City Council must make sufficient
funds available to its police department before the department can purchase BWCs
for its officers and a secure storage system for resulting BWC recordings.
Response F6: The respondent agrees with the finding.

F11.

The Carmel Police Department does not provide BWCs for its officers use,
although the department favors their use.
Response F30: The respondent agrees with the finding. In addition, The Carmel City
Council took action and budgeted for the purchase of BWCs at the June 7th Council
meeting and will be considering the purchase of BWCs at the September 13th Council
meeting.

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RECOMMENDATIONS:
R1.

As part of the Carmel-by-the-Sea Police Departments next annual budget request

(or before) the Department shall apply to the Carmel-by-the-Sea City Council for
funds sufficient to purchase body-worn cameras of the Departments choosing for
each officer, and for a secure data storage system with adequate capacity to store
the date recorded by those cameras.
Response R1: The recommendation is being implemented. The City Council authorized
the Carmel Police Department to purchase BWCs and data storage system. Funding was
allocated in the FY 16/17 budget.

R2.

As part of the Carmel-by-the-Sea Police Departments next annual budget

allocation (or before) the Carmel-by-the-Sea City Council shall provide funds
sufficient to enable the Police Department to purchase body-worn cameras of the
Departments choosing for each officer, and for a secure data storage system with
adequate capacity to store the date recorded by those cameras.
Response R2: The recommendation is being implemented. The City Council authorized
the Carmel Police Department to purchase BWCs and data storage system. Funding was
allocated in the FY 16/17 budget.

R3.

The Carmel-by-the-Sea Police Department shall adopt a written body-worn

camera policy, which at a minimum includes the best practices set forth in
California Penal Code 832.18.
Response R3: The recommendation requires further analysis. California Penal Code
832.18(b) only requires agencies, departments, or entities to consider the best practices
regarding the downloading and storage of body-worn camera data. It does not require it.
As there are many unexplored and yet to be determined areas pertaining to the use,
storage and release of BWCs and the data obtained, the Legislature incorporated
language that provides latitude for the subject matter experts to determine which
practice(s) will or will not be incorporated. The respondent will implement the bestpractices it determines to be appropriate for its agency and community, in accordance
with a recommendation from its subject matter expert and legal requirements, at the time
of implementation.

R4.

The chief of the Carmel-by-the-Sea Police Department shall meet with the
departments legal counsel to review the legal sufficiency of the departments
proposed body-worn camera policy before it is adopted by the department.
Response R4: The recommendation will be implemented prior to adoption of the
Departments BWCs policy. The Carmel Police Department utilizes Lexipol for the
development and review of all policies.

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R5.

The chief of the Carmel-by-the-Sea Police Department shall meet with the
departments legal counsel at least annually to review the then-current state laws
relating to the use of body-worn cameras and the storage of their recordings, and to
revise department policy if necessary to comply with such laws.
Response R5: The recommendation will be implemented. The Carmel Police
Department utilizes Lexipol for the development and legal review of all of its polices.
Ongoing legal review is included in the contract for services with Lexipol.

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Draft Letter

September 13, 2016

Honorable Mark E. Hood, Presiding Judge

Salinas Courthouse
240 Church Street
Salinas, CA 93901

Dear Judge Hood,

The City of Carmel-by-the-Sea received the 2015-2016 Monterey County Civil Grand Jury Final ReportThe Slowly Expanding Use of Body-Worn Video Cameras by Law Enforcement Agencies in Monterey
County and the purpose of this letter is to submit our responses of the findings and recommendations
specific to the City of Carmel-by-the-Sea.
As you will see from the attached responses to the Findings and Recommendations, there are matters
which we concur and will be implemented, and one recommendation where we partially agree. Refer to
the attached Findings and Recommendations.
At the September 13th Council meeting, Council took action and approved the purchase of BWCs and
data storage system, and authorized the City Administrator to execute an agreement with the vendor.
We appreciate this opportunity to respond to the Findings and Recommendations and again thank the
members of the Civil Grand Jury for their extensive work they undertook to produce the 2016 report.

Sincerely,

Steve Dallas, Mayor, on Behalf of the Members of the Carmel-by-the-Sea City Council

Approved by the City Council on the 13th day of September 2016.

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