HOMELAND SECURTIY AND EMERGENCY MANAGEMENT AGENCY
NOTICE OF EMERGENCY AND PROPOSED RULEMAKING
The Director of the Homeland Security and Emergency Management Agency (HSEMA),
pursuant to the duty to develop a Homeland Security Program to identify
and mitigate threats, risks, and vulnerabilities within the District of
Columbia assigned to him by section 203 of An Act To authorize the
District of Columbia government to establish an Office of Civil Defense,
and for other purposes (Act), effective March 14, 2007 (D.C. Law 16-262;
D.C. Official Code § 7-2231.03)(2007 Supp.); the duties described in
paragraphs (1) and (8) of section 3 of the Act (D.C. Official Code §
7-2205(1) and (8)); and pursuant to the authority and obligations
established in Title I of the District of Columbia Administrative
Procedure Act, approved October 21, 1968 (82 Stat. 1204; D.C. Official
Code § 2-501 et seq.), gives notice of the adoption, on an
emergency basis, of a new Chapter 38 of Title 24 of the District of
Columbia Municipal Regulations (DCMR), entitled “Homeland Security and
Emergency Management Agency Use of Closed Circuit Television”. The
purpose of this emergency rulemaking is to enable HSEMA to utilize and
coordinate closed circuit television resources of existing departments,
offices, and agencies of the District to improve its ability to rapidly
identify and respond to emergency circumstances that occur within the
District. Emergency action is necessary to provide HSMEA with the
immediate ability to utilize these resources to protect the citizens of
the District from harm due to natural or man-made emergencies. The
Director adopted the emergency rule on June 12, 2008, and it became
effective immediately.
The Director also gives notice of intent to take final rulemaking
action to adopt Chapter 38 of Title 24 in not less than thirty days
following the publication date of this emergency and proposed rule
amendment in the D.C. Register. The emergency rule will expire 120
days from the effective date, or upon publication of the Notice of Final
Rulemaking in the D.C. Register, whichever occurs first.
Title 24 DCMR is amended by adding the following new Chapter 38.
CHAPTER 38 HOMELAND SECURITY AND EMERGENCY MANAGEMENT AGENCY USE OF
CLOSED CIRCUIT TELEVISION
3800 PURPOSE
3800.1 The Homeland Security and Emergency Management Agency (HSEMA)
has employed a network of closed circuit televisions (CCTV) within the
Unified Communication Center (UCC) that are highly secured and protected
against unauthorized access.
3800.2 HSEMA’s CCTV system is generally intended to be used: (1) to
provide a common framework to enable a single and shared CCTV system
among existing disparate CCTV networks; (2) to improve monitoring
efficiency, to reduce response time, and enhance public safety; and (3)
to provide the District with an advanced video monitoring capability.
3801 POLICY
3801.1 HSEMA shall comply with all federal and District law
applicable to the use of CCTV cameras in public space.
3801.2 Under no circumstances shall the CCTV systems be used for the
purpose of infringing upon First Amendment rights.
3801.3 Operators of the CCTV systems shall not target/observe
individuals solely because of their race, gender, ethnicity, sexual
orientation, disability or other classifications protected by law.
3801.4 CCTV systems in public space shall be used to observe
locations that are in public view and where there is no reasonable
expectation of privacy.
3801.5 HSEMA shall not use audio in conjunction with the CCTV unless
appropriate court orders are obtained.
3801.6 HSEMA is authorized to enter into agreements with public
entities to access their external video feeds for the purposes
established in section 3800 of this chapter.
3801.7 HSEMA is authorized to enter into agreements with private
entities to access their external video feeds for discrete periods and
only in exigent circumstances.
3801.8 HSEMA shall abide by these regulations if it receives CCTV
feeds from another agency, jurisdiction, or entity.
3801.9 Additional permanent cameras in public space will only be
deployed after public notification has been provided and only in
locations that will advance the purposes defined in section 3800 of this
chapter.
3802 PUBLIC NOTIFICATION
3802.1 Except under exigent circumstances and/or when the CCTV
systems are deployed pursuant to a court order, the Director shall
provide public notice of HSEMA's intention to deploy an additional
permanent camera in public space.
3802.2 Public notice shall include the general capabilities of CCTV
systems, their use in operations, and the duration of the deployment.
Public notice will also identify the viewing area, but not necessarily
the precise location of the camera. The precise location of a camera may
be disclosed if the HSEMA Director determines that disclosure will not
undermine the security of the camera and the efficacy of the deployment.
3802.3 The public shall have thirty (30) days to submit comments
regarding a proposed deployment to the HSEMA Director. The public may
submit comments to the HSEMA Director at any time regarding a particular
existing camera deployment or the CCTV system in general.
3802.4 The HSEMA Director shall consider the comments submitted by
the public in determining whether to go forward with deployment of the
camera. The HSEMA Director will provide public notice of his/her
decision and provide an explanation.
3802.5 In exigent circumstances, the HSEMA Director is authorized to
deploy cameras without first consulting or soliciting comments from the
public. After the conclusion of the exigent circumstance, the camera
shall be turned off immediately, except where the public notice process
required by subsection 3802.01 of this chapter has been initiated by the
Director. As soon as feasible after the conclusion of the exigent
circumstance, the HSEMA Director shall have the camera removed. The
HSEMA Director will provide post-deployment public notification of any
camera deployed under this provision.
3802.6 When cameras are deployed pursuant to a court order, neither
pre nor post-deployment notification is required.
3802.7 The HSEMA Director will post on the HSEMA website, and supply
a copy to all District Public Libraries, the areas of the District
monitored by the CCTV systems.
3802.8 On a semi-annual basis, HSEMA will provide updates on the CCTV
system at community meetings to be announced to the public.
3802.9 HSEMA will provide information about the CCTV system and its
usage in its Annual Report to Council. The information shall include the
viewing area of cameras, disposition of any recordings, and an
evaluation of whether the camera achieved the purposes stated in section
3800 of this chapter. HSEMA shall not include any information pertaining
to cameras deployed pursuant to a court order or deployed as part of an
on-going criminal investigation.
3803 OPERATOR CERTIFICATION
3803.1 Only operators certified by the HSEMA Director shall operate
the CCTV system.
3803.2 All operators of the CCTV systems shall sign a certification
that they have read and understand the CCTV regulations and acknowledge
the potential criminal and/or administrative sanctions for unauthorized
use or misuse of the CCTV systems.
3803.3 Anyone who engages in the unauthorized use or misuse of CCTV
systems shall be subject to criminal prosecution and/or administrative
sanctions, including termination. The administrative sanctions will
depend on the severity of the infraction and shall be taken in
accordance with the adverse and corrective action procedures as provided
in the District Personnel Manual.
3804 ACTIVATION AND USAGE
3804.1 Operators of CCTV systems shall not focus on hand bills,
fliers, etc., being distributed or carried pursuant to First Amendment
rights.
3804.2 A supervisor will conduct random spot checks
during operational periods.
3805 AUTHORIZATION TO RECORD AND RETAIN RECORDINGS
3805.1 All recorded CCTV footage shall be maintained and secured by
the official in command of the HSEMA monitoring center.
3805.2 Access to the video center and image storage
location is restricted and any access granted is recorded in a control
log.
3805.3 Video recordings shall be indexed, stored, and maintained for
10 business days after which time they will be recorded over or
destroyed.
3805.4 Recordings may be retained beyond 10 business days because the
recordings contain evidence of criminal activity, because the recordings
capture an occurrence that may subject HSEMA to civil liability, or
because the recording will be used for training purposes. Recordings
that contain evidence of criminal activity or recordings that capture an
occurrence that may subject HSEMA to civil liability shall be maintained
until final case disposition.
3805.5 The HSEMA Director must prepare, in writing, a rationale for
any decision to retain any recording beyond 10 business days.
3805.6 Decisions to retain recordings beyond 10 business days must
include the purpose of the retention, the nature of the recording, and
length of time for the retention. Retention of recordings for training
purposes must additionally include a written description of the training
purpose to be served by the recording as well as a description of the
recording's unique suitability for the training purpose.
3805.7 Recordings retained for training purposes may only be retained
as long as they are actively used for training purposes.
3805.8 Recordings retained for criminal or civil purposes, special
event, or an emergency shall be secured as evidence, and access to the
recordings shall be appropriately limited and documented.
3805.9 Monitoring center staff shall maintain a video catalog of all
tapes held beyond 10 days.
3807 AUDITS
3807.1 HSEMA will have independent, periodic audits conducted
annually to ensure compliance with these regulations.
3807.2 The audits conducted pursuant to section 3807.1 of this
chapter shall be provided to the Mayor and the Council of the District
of Columbia.
3899 DEFINITIONS
3899.1 When used in this chapter, the following words and phrases
shall have the meanings ascribed:
Closed-Circuit Television -- Any live video link that is
electronically received into the HSEMA monitoring center.
Demonstration -- A temporary presentation of the capacity of the
Monitoring Center to visitors of the HSEMA.
Exigent Circumstances -- Unanticipated situations that threaten the
immediate safety of individuals or property within the District of
Columbia.
External Video Feeds -- Any video link received in the HSEMA
monitoring center on a live basis from a source other than HSEMA.
Public Entities -- District of Columbia or Federal agencies.
Public notice -- Shall at a minimum include, but is not limited to,
publication in the D.C. Register, posting on the HSEMA website, written
notice to the relevant Councilmember, written notice to the relevant
Advisory Neighborhood Commissioner, and issuance of a press release.
"Public space" -- All the publicly owned property between
the property lines on a street, as such property lines are shown on the
records of the District, and includes any roadway, tree space, sidewalk,
or parking between such property lines.
Persons wishing to comment on this proposed rule should submit their
comments in writing to Steven Kral, Senior Policy Analyst, Homeland
Security and Emergency Management Agency, 2720
Martin Luther King Jr. Avenue, SE, Suite 200, Washington, DC 20032. All
comments must be received by the Homeland Security and Emergency
Management Agency not later than thirty (30) days after publication of
this notice in the D.C. Register. Copies of this rulemaking
amendment and related information may be obtained by writing to the above
address, or by calling (202) 727-6161. |
