[HISTORY: Adopted by the Mayor and Council of the Borough
of East Rutherford 12-21-2010 by Ord. No. 2010-23. Amendments noted
where applicable.]
GENERAL REFERENCES
Safety Commission — See Ch. 77.
For purposes of this chapter, the following terms have the meanings
set forth:
A camera making up a part of a digital recording surveillance
system installed at fixed locations by the Borough of East Rutherford
to provide remote visual access to public places. A community safety
camera is not a workplace camera.
A camera making up a part of a digital recording surveillance
system at fixed locations in and around public buildings and grounds
of the Borough of East Rutherford.
A.
Regular
installation. The Borough of East Rutherford may modify, install and
remove workplace cameras in such public places and workplaces of the
Borough designated by the Mayor and Council.
B.
Temporary
use. A portable workplace camera or community safety camera may be
used on a temporary basis. Use of such a portable camera may be made
only by the written authority of the Chief of Police (in the case
of a community safety camera) or the Mayor (in the case of a workplace
camera) accompanied by a written report describing the purpose of
the camera, location of the camera and hours to be operated. Such
written report shall be filed with the Borough Clerk prior to such
use; provided, however, that in exigent circumstances, the filing
with the Borough Clerk shall be made within two days of the deployment
of the portable camera and shall be accompanied by a written statement
by the authorizing official (Mayor or Police Chief) providing an explanation
for the exigent circumstances.
A.
Community
safety cameras. Community safety cameras may be used to provide the
Police Department with remote visual access to public places to deter
vandalism and crime and provide increased security and public safety.
B.
Workplace
cameras. Workplace cameras may be used to record the regular and ongoing
operations of Borough departments, including, but not limited to,
mobile in-car video systems, traffic reporting cameras, and building
security systems.
C.
Incident-based
monitoring. The cameras are not routinely monitored on a continuous
basis. Monitoring of the community safety and workplace cameras are
incident based.
A.
All
cameras. Both community safety cameras and workplace cameras shall
be subject to the following restrictions:
B.
Community
safety cameras. Community safety cameras shall be subject to the following
additional requirements:
(1)
The community safety cameras shall record areas perceptible to the
human eye from public areas, streets and sidewalks only where there
is no reasonable expectation of privacy.
(2)
Community safety cameras shall not target or observe individuals
arbitrarily or based on race, gender, ethnicity, sexual orientation,
disability or other classifications protected by law.
(3)
Community safety cameras will not focus on hand bills, fliers, etc.,
being distributed or carried pursuant to First Amendment Rights.
A.
In general. Images obtained from either a community safety camera or a workplace camera may be released only by the Chief of Police to the following in accordance with the procedures in § 6-5C below.
B.
Images
from a community safety camera. Images from a community safety camera
shall be captured and released only to:
(1)
Sworn members of East Rutherford Police Department for official Police
Department uses. Police shall limit review of images from a community
safety camera to investigation of suspected crimes or offenses;
(2)
The Bergen County or East Rutherford Prosecutor;
(3)
The Public Defender, other criminal defense attorney, or an investigator appointed by the court to assist a pro se criminal defendant. Requests may be made only in connection with the investigation or defense of a charged offense. The requesting individual may disclose the recording only to the defendant and any expert retained by the requesting individual, and to no other individual. This Subsection B(3) shall not preclude the requesting individual from disclosing any recording during a hearing or trial in the charged matter if the court approves such disclosure;
(4)
Sworn members of other law enforcement or prosecutorial agencies
for use in the investigation or prosecution of suspected crimes or
offenses;
(5)
The Mayor and other supervisory officials of the Borough of East
Rutherford for managerial purposes, including the Borough Clerk acting
at the direction of the Mayor and Council.
C.
Images from workplace cameras. Images from a workplace camera shall be captured and released only to the Mayor and other supervisory officials of the Borough of East Rutherford for managerial purposes, including the Borough Clerk acting at the direction of the Mayor and Council. No prior authorization of the Police Chief is necessary for a supervisory official's viewing of those workplace cameras, but each such official must make a written request to the Police Chief for such viewing and the Police Chief shall include all such requests in the log kept pursuant to § 6-5E.
D.
Release
of images. Each release from a community safety or workplace camera
shall be made under the following procedure:
(1)
Written authorization of the Police Chief, except as provided in § 6-5C, after written request establishing the basis for such release, including, if in the course of a police investigation by the East Rutherford Police Department and requested by the Police Chief, a police report;
(2)
In exigent circumstances only, the Police Chief may release the information
prior to receipt of a written request, but the Police Chief must simultaneously
provide a written justification for the release, including specification
of the exigent circumstances. Within two days from the release under
exigent circumstances, the Police Chief must submit to the Mayor,
in writing, notice of the release together with the Chief's written
justification thereof.
E.
Log.
The Police Chief shall maintain a log containing:
F.
Delegation of powers. The Police Chief may delegate all or any portion of the powers and duties set forth in this chapter, except those in § 6-6 which are nondelegable, to a sworn officer of the Police Department of a rank no lower than Lieutenant. Such delegation shall be made in a writing filed with the Borough Clerk. The Police Chief shall have the right to further limit, withdraw or modify such delegation at his discretion.
The Police Chief shall prepare and submit to the Mayor and Council
an annual report on all workplace cameras and community safety cameras.
The report shall identify all camera locations, the crime statistics
for the vicinity surrounding each camera both before and after the
camera is installed, the number of times copies of recorded images
were requested, the number of times the images were used to bring
criminal or other charges, the types of charges brought, and the results
of the charges. The Police Chief shall issue the first report no later
than February 28, 2012, and not less often than once every 12 months
thereafter.
Upon installation of a new community safety camera, the Borough
shall post a conspicuous sign within 25 feet of the location of the
camera. The sign shall state that the area is under camera surveillance.
A.
Access
for purposes of installation, repair, maintenance and upgrades to
the workplace and community safety camera recording devices shall
be limited to the personnel designated by the Mayor and Council.
B.
The
workplace and community safety camera recording devices shall be kept
in secure areas in the confines of the Police Headquarters under the
control of the Police Department with access password protected.
A.
Community
safety camera. Any person who utilizes or discloses an image obtained
from a community safety camera or workplace camera in violation of
this chapter shall be deemed guilty of a disorderly persons offense
and may be punished by a fine not exceeding $1,000, imprisonment in
the county jail for not more than six months, or both.
B.
Workplace
camera. Any employee of the Borough who utilizes or discloses an image
obtained from a community safety camera or workplace camera in violation
of this chapter shall be subject to discipline as provided for by
the Borough's Personnel Policy and to such other penalty as may
be provided by law.
