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Surveillance Use Policy Approvals

At a glance

  • What: Surveillance Technology Ordinance (Berkeley Municipal Code Chapter 2.99) submissions from the Police Department: Surveillance Use Policies for Community Video Streams (BPD Policy 1306) and Investigative Software (BPD Policy 1307). Later agendas also list a mutual aid air support submission (September 29) and a vendor accountability ordinance (October 13 consent).
  • Where it stands: On June 30, 2026 Council adopted Resolution No. 72,369-N.S. approving both policies as presented by the City Manager, 6-1-1, after 17 speakers.
  • Next: The September 29 and October 13 items have not been read from minutes yet.

Detail

  • June 30, 2026, Action Calendar item 46, following Council direction of May 7, 2026; reviewed by the Public Safety Committee. Contact: Jennifer Louis, Police.
  • The Public Safety Committee asked the Police Department to revise the policies: clarify how participating camera locations are verified and liability if cameras move; notify camera owners when their footage is accessed; remove vendor-specific references; clarify access to real-time live video; add information on artificial intelligence and keep human oversight of investigative decisions; identify the data sources used by the investigative software and consider reporting them annually; clarify which personnel may access the software; strengthen audits; incorporate the supplemental revisions including 72-hour immigration-related language; state that Community Video Streams does not include audio recording; and clarify retention periods and liability for retained data.
  • Motion (Blackaby/Humbert): adopt Resolution No. 72,369-N.S. as presented in the City Manager's item. Vote: Ayes - Kesarwani, Taplin, O'Keefe, Blackaby, Humbert, Ishii; Noes - Lunaparra; Abstain - Tregub; Absent - Bartlett.
  • The minutes do not record whether the committee's requested revisions were incorporated; the motion adopted the item as presented.
  • Heavy written comment: dozens of letters on item 46 across three supplemental packets (plus separate FLOCK camera concerns), and a related written communication on item 19 (bid solicitations) from the Police Accountability Board vice chair.
  • Agenda-derived (Sept 29 and Oct 13): mutual aid air support submission and vendor accountability ordinance appear on those agendas; no outcomes recorded here.

May 7, 2026 (origin of the policy changes)

  • On May 7, 2026 (Item 1a, 156 speakers) Council adopted Resolution No. 72,254-N.S. as amended, approving revised Surveillance Use Policies for drones (UAS) and fixed cameras and the UAS Equipment Use Policy, and referring the Community Video Streams report and policy to the Public Safety Policy Committee. The Flock Safety contract side of the item is tracked in Flock Safety Contract Extension.
  • Failed amendment (O'Keefe/Lunaparra) to add O'Keefe's UAS policy amendments: 4-5 (Ayes: Tregub, O'Keefe, Lunaparra, Humbert).
  • Referrals to the City Manager: quantify the need for UAS; research alternative surveillance vendors that balance privacy and civil liberties (UAS Military Equipment Impact Statement); amend Ordinance 2.99 to add a violation and termination clause for vendors; add contract language requiring vendors to notify the City of any information request on City-controlled data.
  • Lunaparra's amendment limits UAS use at mass gatherings or special events to cases with probable cause of a felony and an active threat of serious bodily injury.
  • Portions 2, 3 and 4 of the motion carried 5-4; portions 1, 5, 6 and 7 carried 8-1 (Bartlett opposed). Full vote detail on 2026-05-07 - City Council (special).

Sources

Log

2026-06-30 - City Council (regular)

Resolution No. 72,369-N.S. adopted 6-1-1 approving the Community Video Streams and Investigative Software use policies.

2026-05-07 - City Council (special)

Resolution No. 72,254-N.S. adopted as amended: revised drone and fixed camera policies approved; Community Video Streams policy referred to the Public Safety Policy Committee.