a communication from Councillor Kelley, transmitting memorandum regarding "Surveillance Ordinances Suggestions"

CAMBRIDGE CITY COUNCIL Craig A. Kelley City Councillor To: Donna Lopez, City Clerk From: Craig A. Kelley, City Councillor Date: September 11, 2018 Memorandum Submission Subject: Please place the attached memorandum, "Surveillance Ordinance Suggestions", on the City Council agenda as "Communications and reports from Other City Officials" for the September 17,2018 meeting. Thank you. CITY HALL, CAMBRIDGE, MASSACHUSETTS 02139 [phone removed] FAX: [phone removed] TTY/TDD: [phone removed] EMAIL: ckelley@cambridgema.gov

CAMBRIDGE CITY COUNCIL Craig A. Kelley City Councillor MEMORANDUM To: Cambridge City Council From: Craig A. Kelley, City Councillor Date: September 17, 2018 Subject: Surveillance Ordinance Suggestions Dear Fellow Councilors: Enclosed please find my suggested changes to the proposed surveillance ordinance. I am hopeful that the Council as a body will empower me to work directly with City staff and the ACLU to go through these changes, as well as other proposed changes that have already been or have yet to be submitted, and organize the proposed ordinance and related discussions to help future work on this issue be as efficient as possible. Sincerely, Craig A. Kelley CITY HALL, CAMBRIDGE, MASSACHUSETTS 02139 [phone removed] FAX: [phone removed] TTY/TDD: [phone removed] EMAIL: kelley@cambridgema.gov

Chapter 12.22 Surveillance Technology Ordinance Section 12.22.010 Purpose The purpose of this Chapter is to provide for the regulation of Surveillance Technology acquisition or use by the City of Cambridge, to safeguard the right of individuals to privacy, to balance the public's right to privacy with the need to promote and ensure safety and security, to provide protocols for use of Surveillance Technology that include specific steps to mitigate potential impacts on the civil rights and liberties of any communities or groups including communities of color or other marginalized communities in the City, to balance any decision to use Surveillance Technology with an assessment of the costs and protection of privacy, civil liberties and civil rights, to allow for informed public discussion before deploying Surveillance Technology, to provide for transparency, oversight, and accountability, and to minimize the risks posed by use of Surveillance Technology in the City. Section 12.22.020 Definitions The following definitions apply to this Chapter: Commented [KCI]: Is this city-wide or per each department? (A) Formatted: Font: Italic "Annual Surveillance Report" means a publicly released written report for each department concerning specific Surveillance Technology used by the relevant department that includes all of the following: A description of how the each Surveillance Technology Formatted: Strikethrough (1) has been used, including whether it captured images, sound, or information regarding members of the public who are not suspected of engaging in unlawful conduct; 2) Whether and how often data acquired through the use of the Surveillance Technology was shared with outside entities, the name of any recipient entity, the type(s) of data disclosed, under what legal standards) the information was disclosed, and the justification for the disclosure; A summary of community complaints or concerns about the (3) Formatted: Strikethrough Surveillance Technology, if any; Commented [KC2]: What is a privileged audit? Commented [KC3]: What is internal? (4) The results of any non-privileged internal audits, any Formatted: Strikethrough Page 1 of

information about violations of the Surveillance Use Policy, and any actions taken in response; Whether the Surveillance Technology has been effective at achieving its identified purpose; Statistics and information about public records requests; (0) Total Aannual costs for the Surveillance Technology, Formatted: Strikethrough (7) including personnel and other ongoing costs, and what source of funding will fund the technology in the coming year; and Whether the civil rights and liberties of any communities or (8) groups, including communities of color or other marginalized communities in the City are disproportionately impacted by the deployment of the Surveillance Technology. Commented [KC4]: This is confusing given .30's "Exigent Circumstances" means the Police Commissioner's or B) reference to other department heads and exigent his/her designee's good faith belief that an emergency involving circumstances danger of death, physical injury, or significant property damage or loss requires use of the Surveillance Technology or the information it provides. The use of Surveillance Technology in Exigent Circumstances shall not infringe upon an individual's right to peacefully protest. "Surveillance" means to observe or analyze the movements, (C) behavior, or actions of identifiable individuals in a manner that is reasonably likely to raise concerns about civil liberties, freedom of speech or association, racial equity or social justice. Identifiable individuals also include individuals whose identity can be revealed by license plate data when combined with any other record. It is not surveillance if an individual knowingly and voluntarily consented to provide the information, or had a clear and conspicuous opportunity to opt out of providing the information. "Surveillance Data" means any electronic data collected, captured, D) recorded, retained, processed, intercepted, or analyzed by Surveillance Technology acquired by the City or operated at the direction of the City. "Surveillance Impact Report Assessment" means a publicly- Formatted: Strikethrough 1(E) Page 2 of

Formatted: Strikethrough released written report assessment conducted in advance of the procurement or deployment of surveillance technology, except such technology in use at the date of enactment of this Ordinance will be assessed retroactively, including at a minimum the following: (1) Information describing the Surveillance Technology and how it works; 2) Information on the proposed purposes) for the Surveillance Technology; (3) The location(s) it may be deployed and when; (4) The potential impact(s) on privacy in the City; the potential impact on the civil rights and liberties of any communities or groups, including, but not limited to, communities of color or other marginalized communities in the City, and a description of whether there is a plan to address the impacts); (5) The fiscal costs for the Surveillance Technology, including initial purchase, personnel and other ongoing costs, and any Commented [KC5]: This will be tough to quantify. current or potential sources of funding. (F) "Surveillance Technology" means any electronic surveillance device, hardware, or software that is capable of collecting, capturing, recording, retaining, processing, intercepting, analyzing, monitoring, or sharing audio, visual, digital, location, thermal, biometric, or similar information or communications specifically associated with, or capable of being associated with, any specific individual or group; or any system, device, or vehicle that is equipped with an electronic surveillance device, hardware, or software. 1. "Surveillance Technology" includes, but is not limited to: International mobile subscriber identity (IMSI) catchers and other cell site simulators; Automatic license plate readers; Commented [KC6]: Space before Automatic needs (b) removal Electronic toll readers; (C) (d) Closed-circuit television cameras except as otherwise Page 3 of

provided herein; Biometric Surveillance Technology, including facial, (e) voice, iris, and gait-recognition software and databases; (t) Mobile DNA capture technology; (g) Gunshot detection and location hardware and services; (h) X-ray vans; (i) Video and audio monitoring and/or recording technology, such as surveillance cameras and wearable body cameras; Surveillance enabled or capable lightbulbs or light (i) fixtures; Tools, including software and hardware, used to gain (k) unauthorized access to a computer, computer service, or computer network; Social media monitoring software; Through-the-wall radar or similar imaging (m) technology; Passive scanners of radio networks; Commented [KC7]: Why just passive (non-transmitting?) (n) Formatted: Strikethrough Long-range Bluetooth and other wireless-scanning (o) devices; (p) Radio-frequency identification (RFID) scanners; and (q) Software designed to integrate or analyze data from Surveillance Technology, including surveillance target tracking and predictive policing software. Commented [KC8]: Surreptitious use of non-surveillance 2. For the purposes of this Chapter, "Surveillance technology is covered where? What if I sneak a camera in a Technology" does not include the following devices or room? Does wiretapping cover this stuff? hardware, unless they have been equipped with, or are modified to become or include, a Surveillance Technology as Page 4 of

defined above: (a) Routine office hardware, such as televisions, computers, and printers, that are in widespread public use and will not be used for any surveillance or surveillance-related functions; (b) Parking Ticket Devices ("PTDs") and related databases; (c) Manually-operated, non-wearable, handheld digital cameras, audio recorders, and video recorders that are not designed to be used surreptitiously and whose functionality is used for manually capturing and manually downloading video and/or audio recordings; Surveillance devices that cannot record or transmit (d) audio or video or be remotely accessed, such as image stabilizing binoculars or night vision goggles; (e) City databases that do not and will not contain any data or other information collected, captured, recorded, retained, processed, intercepted, or analyzed by Surveillance Technology; Manually-operated technological devices that are (t) used primarily for internal City communications and are not designed to surreptitiously collect Surveillance Data, such as radios and email systems; Parking access and revenue control systems, (g) including proximity card readers and transponder readers at City- owned or controlled parking garages; and (h) Electronic card readers and key fobs used by City employees and other authorized persons for access to City- owned or controlled buildings and property. 3. Commented [KC9]: Why is this a separate section from 2? For the purposes of this Chapter, the following Surveillance Can these things NEVER become surveillance technology? Technology is exempt from the requirements of this Chapter: a) Commented [KC10]: Missing parentheses for this whole Information acquired where the individual knowingly section and voluntarily consented to provide the information, Page 5 of

such as submitting personal information for the receipt of City services; Information acquired where the individual was b) presented with a clear and conspicuous opportunity to opt out of providing the information; Cameras installed in or on a police vehicle, except c) Commented [KC11]: Why is this exempt? Do we want CPD to have them as a policy matter? Would implementing cameras with license plate reading technology; dashcams be a big step for us? Cameras installed pursuant to state law authorization d) in or on any vehicle or along a public right-of-way Commented [KC12]: Why not these? It's a big step. solely to record traffic violations; e) Cameras installed on City property solely for security purposes, including closed circuit television cameras installed by the City to monitor entryways and outdoor areas of City-owned or controlled buildings and property for the purpose of controlling access, maintaining the safety of City employees and visitors to City buildings, and protecting City property_ provided clear notice-use of such cameras is clearly indicated provided to the general public in the vicinity of the relevant camera; security cameras including closed circuit television cameras installed by the City to monitor cashiers' windows and other cash-handling operations and to maintain the safety of City employees and visitors to such areas provided useclear notice of such cameras is elearly indicateprovided to the general public in the vicinity of the relevant camera; g) Cameras installed solely to protect the physical integrity of City infrastructure provided clear notice use of such cameras is -clearly indicatedprovided to the general public in the vicinity of the relevant camera; or Commented [KC13]: Where would this take place? What Technology that monitors only City employees in do bargaining units have to say about this? What rises to an response to complaints of wrongdoing or in order to appropriate complain of wrongdoing? What about computer prevent waste, fraud, or abuse of City resources. use by employees? Commented [KC14]: What is the difference between an The following situations are exceptions to the requirements 4. "exemption" (3) and an "exception" (4)? Page 6 of

of this Chapter: a) Commented [KC15]: What about a general Surveillance conducted pursuant to a warrant using acknowledgement that a certain surveillance technology is previously approved Surveillance Technology. being used? What about a sunset clause? Surveillance conducted pursuant to a warrant using Formatted: Strikethrough previously approved Surveillance Technology is excepted from the requirements of 12.22.030(B) and Formatted: Strikethrough 12.22.060(A) where: i) the City is prohibited from publicly releasing information pertaining to the surveillance under federal or state law, or pursuant to a Court Order; or ii) the Police Commissioner has determined that the release of information pertaining to the surveillance would compromise public safety and security, provided that the information is released in the next Annual Surveillance Report following the Police Commissioner's determination that public safety and security concerns pertaining to the release of such information no longer exist. In the event of an emergency situation that poses an Commented [KC16]: How is this different from exigent circumstances? imminent risk of death or bodily harm or significant damage to or loss of property, a City department head may, with the approval of the only the City Manager Commented [KC17]: To avoid delegation to anyone else. or the Deputy City Manager, acquire Surveillance Technology without prior City Council approval, for the sole purpose of preventing or mitigating such risk, if the department head reasonably believes the acquisition of Surveillance Technology will result in reduction of the risk. The department's use of Surveillance Technology must end when such risk no longer exists or the use of the Surveillance Technology can no longer reasonably reduce the risk. The use must be documented in the department's Annual Surveillance Report, and any future acquisition or use of such Surveillance Technology must be approved by the City Council as set forth in this Chapter. A City department head may, with the approval of the City Manager, apply a technical patch or upgrade that is necessary to mitigate threats to the City's Formatted: Strikethrough environment. The department shall not use the new surveillance capabilities of the technology until the Page 7 of

requirements of Section 12.22.030 are met, unless the City Manager determines that the use is unavoidable; in that case, the department head shall request City Council approval as soon as possible. The request shall include a report to the City Council of how the altered surveillance capabilities were used since the time of the upgrade. "Surveillance Technology Use Policy" means a publicly-released (G) Commented [KC18]: If, for example, we get an x-ray van. policy for the City's use of the each specific Surveillance I want a policy for that technology. Technology, approved by the City Solicitor and the City Manager, and Formatted: Strikethrough submitted to and approved by the City Council. The Surveillance Use Policy shall at a minimum specify the following: (1) Purpose: The specific purposes) for the Surveillance Technology. 2) Authorized Use: The uses that are authorized, the rules and processes required before that use, and the uses that are prohibited Data Collection: The information that can be collected by the Surveillance Technology. Data Access: The individuals who can access or use the (4) collected information, and the rules and processes required before access or use of the information. Data Protection: The safeguards that protect information from unauthorized access, including, but not limited to, encryption, access-control, and access• oversight mechanisms. Data Retention: The time period, if any, for which information collected by the Surveillance Technology will be routinely retained, the reason that retention period is appropriate to further the purposes), the process by which the information is regularly deleted after that period lapses, and the conditions that must be met to retain information beyond that period. Public Access: If and how collected information can be (7) accessed by members of the public, includingcriminal defendants. Page 8 of

8) Third-Party Data-Sharing: If and how other City or non-City entities can access or use the information, including any required justification and legal standard necessary to do so, and any obligation(s) imposed on the recipient of the information. Training: The training, if any, required for any individual Commented [KC19]: Correct this spacing mistake authorized to use the Surveillance Technology Technology oi throughout the document to access information collected by the Surveillance F echnologyTechnology, including whether there are training materials. (10) Oversight: The mechanisms to ensure that the Surveillance Use Policy is followed, including, but not limited to, identifying personnel assigned to ensure compliance with the policy, internal record keeping of the use ofthe technology or access to information collected by the Surveillance Technology, technical measures to monitor for misuse, any independent person or entity with oversight authority, and the sanctions for violations of the policy. (H) Formatted: Strikethrough "Technology Specific Surveillance Use Policy" means a policy governing a City departments)'s use of a specific Surveillance. Technology not already covered under the City's Surveillance Use- Policy, approved by the City Solicitor and the City Manager, and submitted tothe City Council with a Surveillance Impact Report under- Section 12.22.030(A), 12.22.030(B), or 12.22.040 of this Chapter. A Technology Specific Surveillance Use Policy shall not conflict with Commented [KC20]: And take out references to this any provision of the City's Surveillance Use Policy, section throughout document Formatted: Strikethrough Section 12.22.030 Acquisition of Surveillance Technology City Departments Other than the -Police -Department. Unless (A) Formatted: Strikethrough it is not reasonably possible or feasible to do so (e.g., Exigent Circumstances, a natural disaster, or technological problems Commented [KC21]: This prevent it, ete.), any department head other than the Police Commented [KC22]: Why is the Commissioner singled Commissioner seeking approval under Section 12.22.030B of out? Are they the top authority here? this Chapter must submit to the City Council Manager a Formatted: Strikethrough Surveillance Impact Report, and, if necessary, a Technology- Formatted: Strikethrough Page 9 of

Specific Surveillance Use Policy pertaining to the specific Surveillance Technology for which approval is sought and obtain City Council approval before doing any of the following: (1) Seeking funds for Surveillance Technology Technology, including but not limited to, applying for a grant, or accepting state or federal funds, or in-kind or other donations; (2) Acquiring new Surveillance Technology Technology, including but not limited to procuring that Surveillance Technology without the exchange of monies or other consideration; (3) Using Surveillance TechnologyTechnology for a purpose, in a manner, or in a location not previously approved; or (4) Entering into an agreement with a non-City entity to acquire, share, or otherwise use Surveillance Technology Technology or the information it provides. Commented [KC23]: Why are we calling out the Police -Police Department. Other than with respect to Surveillance T (B) here? Are we saying CPD is exempt from this section? echnologyTechnology limited to use in Exigent Circumstances in Formatted: Left law enforcement investigations and prosecutions as specifically defined in Section 12.22.040 of this Chapter, the Police Formatted: Not Expanded by / Condensed by Commissioner must submit a,Surveillance Impact Report, and, if necessary, a Technology- Formatted: Not Expanded by / Condensed by Formatted: List Paragraph, Justified, Indent: Left: 0.07, Space Before: 4 pt, Numbered + Level: 1 + Numbering B) Specific_-Surveillance Use Policy pertaining to the specific Style: A, B, C, ... + Start at: 1 + Alignment: Left + Aligned Surveillance Technology for which approval is sought to the City at: 0.44" + Indent at: 0.94", Tab stops: 0.57", Left + Council Manager, who must then and obtain City Council approval, 0.57", Left before doing any of the following: Commented [KC24]: I think the point is we want the depts to go to the Manager and the Manager to go to the Council. (A) Seeking funds for Surveillance TechnologyTechnology, Formatted: Font: 12 pt, Not Italic including but not limited to, applying for a grant, or Formatted: Default Paragraph Font, Font: 12 pt accepting state or federal funds, or in-kind or other donations; (B) Acquiring new Surveillance 1 echnology Technology, including but not limited to procuring that technology without the exchange of monies or other consideration; Page 10 of

Commented [KC25]: A, B, 3, 4- seriously???? (3) Using Surveillance Technology Technology for a purpose, in a manner, or in a location not previously approved; or (4) Entering into an agreement with a non-City entity to acquire, share, or otherwise use Surveillance TechnologyTechnology. In approving, and/or disapproving any acquisition of Surveillance (C) TechnologyTechnology, the City Council shall consider the safeguarding of individuals' right to privacy as well as the investigative and prosecutorial functions of the Police Department and promoting and ensuring the safety and security of the general public. I (D) Formatted: Strikethrough Any Surveillance Impact Report Assessment, and, if necessary, Technology-Specific Surveillance Use Policy submitted to the City Formatted: Not Strikethrough Council under Section 12.22.030(A) or 12.22.030(B) shall be made publicly available no fewer than seven (7) calendar days prior to the date of the Council meeting where it shall be discussed. Section 12.22.040 Temporary Acquisition and Use of Surveillance. Technology in Exigent Circumstances | Notwithstanding the provisions of this Chapter, the Police -Department-may Commented [KC26]: How is this functionally different from.20(F)(4)(B) temporarily acquire or temporarily use Surveillance Technology in Exigent Circumstances without following the provisions -of this Chapter before- that acquisition -or use. However, -if the Police Department acquires or uses - Surveillance Technology -in -Exigent Circumstances under this Section, the Police Commissioner must (1) report that acquisition or use to the City Council in writing within 90 days following the end- of those Exigent Circumstances; (2) submit a Surveillance Impact Report, and, if necessary, a Technology - Specific Surveillance_-Use -Policy -to the City Council regarding that Formatted: Indent: Left: 0", Space Before: 4.5 pt Surveillance Technology within 90 days following the end of those Exigent Circumstances; -and (3) include that Surveillance Technology in the Police Department's next Annual Surveillance Report to the City Council following the end of those Exigent Circumstances. If the Formatted: Body Text, Space Before: 4.5 pt 4 Formatted: Indent: Left: 0" Police Commissioner -is unable -to meet -the 90-day -timeline-to-submit-a Surveillance e I-mm-p-a-c-t -R-e-p-o-r-t, and, i-fnecessar-y, a Technology- Specific + Formatted: Indent: Left: O", Space Before: 4.1 pt, Line spacing: single Surveillance Use Polic-y to the City Council, the Police Commissioner Page 11 of

Formatted: Not Expanded by / Condensed by may notify the City Council in writing of his or her request to extend this eriod. The -City Council- may grant extensions -beyond the original 90-day Formatted: Not Expanded by / Condensed by timeline to submit a Surveillance I-m-p-a-c-t RR e-p-or-t, a-n-a-, 1-t Formatted: Not Expanded by / Condensed by n-e-c-e-s-s-a-r-y-, -a Technology —S-p-e-c-i-f-i-c S-u-r-v-e-i-1-1-a-n-c-e U-s-e P-o-1- Formatted: Not Expanded by / Condensed by ¡cy. Any Surveillance Impact Report, and, if necessary, Technology- Formatted: Not Expanded by / Condensed by Specific Surveillance Use Policy submitted to the City Council under this Section shall -be made publicly available no tewer than seven (/) calendar days prior to the date of the Council meeting where it shall be -discussed. Section 12.22.050 Compliance for Existing Surveillance. Technologies (A) The City Manager shall submit to the City Council for i- t-s review and approval a proposed Surveillance Use Policy applicable to each City department t h a t possesses or uses Surveillance Technology before the effective date of this Chapter or for future use and acquisition of Surveillance Technology, no later than one-hundred eighty (180) days Commented [KC27]: On top of a 9 month implementation following the effective date of this Chapter, for review and delay? approval by the City Council. If the City Manager is unable to meet this 180-day timeline, h-e o-t s-he may notify the City Council in writing of his or her request to extend this period. The City Council may grant an extension to the City Manager to submit a proposed Surveillance Use Policy. Any Surveillance Use Policy submitted under Section 12.22.050 shall be made publicly available no fewer than seven (7) calendar days prior to the date of the Council meeting where it shall be discussed. In approving or denying the Surveillance Use Policy, the (B) City Council shall balance the safeguarding of individuals' right to privacy as well as the investigative and prosecutorial function of the Police Department and promoting and ensuring the safety and security of the general public. To the extent the City Manager determines -that approving -or disapproving the Surveillance- Use Policy would unlawfully obstruct the investigative or prosecutorial functions of the Police Department, the City Council shall simply receive and discuss the applicable portions of the-Surveillance Use Policy. Section 12.22.060 Oversight Following City Council Approval Page 12 of

(A) (1) A City department h e a d who has obtained approval for the use of Surveillance Technology or the information it provides under Section 12.22.030 or Section 12.22.040 of this Chapter, must submit an Formatted: Indent: Hanging: 0.5", Space Before: 4.5 Annual Surveillance Report within twelve (12) months of pt, Tab stops: 1.07", Left City Council approval, and annually thereafter on or before M-a-r-c-h 1-. Commented [KC28]: Why is CPD separately discussed? (2) Where the Police Department has submitted a Surveillance Impact Report, and, if necessary, a Technology- Specific Surveillance Use Policy that the Council has not approved prior to the Police Department's use of the Surveillance Technology, the Police Department must still submit an Annual Surveillance Report within twelve (12) months of the -City- Council's receipt of the Surveillance Impact Report, and annually thereafter on -or before M-aa-r-c- (2) Formatted: Indent: Left: 1.07", No bullets or numbering (3) Any Annual Surveillance Report submitted under this section shall be made publicly available no fewer than seven (7) calendar days prior to the date of the Council meeting where it shall be discussed. Based upon information provided in the Annual (B) Commented [KC29]: We'll want to make sure we are Surveillance Report, Assessmen the City Council shall properly referencing the various reports and assessments. determine whether the benefits to the impacted City I'm not sure about this one. departments) and the community of the Surveillance Formatted: Strikethrough Technology outweigh the financial and operational costs and whether reasonable safeguards exist to address reasonable concerns regarding privacy, civil liberties, and civil rights impacted by deployment of the Surveillance Technology. If the benefits or reasonably anticipated benefits do not outweigh the financial and/or operational costs or civil liberties or civil rights are not reasonably safeguarded, the City Council m a y (1) recommend modifications to the Surveillance Use Policy that are designed to address the City Council's concerns to the City Manager for his consideration; and/or (2) request a report back from the Cit-y Manager t regarding steps taken to address the City Council's concerns; and/or (3) Page 13 of

recommend to the City Manager that use of the Surveillance Technology cease. —No later than MM a-y 3-1 of each year, the City Council shall hold a meeting to discuss the City departments' Annual Surveillance Reports, and s-h-a-1-1 publicly release a report that includes a summary of all requests for approval of Surveillance Impact Reports received by the City Council d-u-r-i-ng. Formatted: List Paragraph, Space Before: 0.05 pt, t-h-e p-r-i-o-r-y-e-a-r pursuant to -Section -12.22.030 or Numbered + Level: 1 + Numbering Style: A, B, C, ... + Section 12.22.040 of this Chapter, including whether the Start at: 2 + Alignment: Left + Aligned at: 0.57" + City Council approved, disapproved, or required Indent at: 1.07", Tab stops: 1.07", Left + 1.07", Left modifications to the Survei-Hance Impact Report. Section 12.22.070 Enforcement (A) Enforcement Officials. This Chapter shall be enforced by the City Manager or his/her designee. (B) Violation. Any person injured by a violation of this Chapter may institute proceedings for injunctive relief, declaratory relief, or a court order in a court of competent jurisdiction to enforce the provisions of this Chapter, subject to the provisions of Subsection (C) below. Any action initiated under this Subsection Formatted: Body Text, Left, Indent: Left: 1.13", Space (B)- (B) shall be brought against the City of Cambridge, Before: 4 pt, Line spacing: Multiple 1.04 li, No bullets but not against City or numbering, Tab stops: Not at 1.4" _employees. No monetary damages or award of attorneys' + Formatted: Strikethrough fees shall be allowed in any legal proceeding for any alleged Formatted: Space Before: 4 pt injuries arising out of any alleged violation(s) of this Chapter but fees for attorneys and expert witnesses shall be Formatted: Font: Italic allowed for a successful complaint., (C)(B) Notice and Procedure. (1) No legal proceeding under Subsection (B) above shall be brought unless the City has first been given written notice within thirty (30) days of first learning of the alleged violations) addressed to the City Clerk and specifying: (a) the name and address of the person(s) allegedly injured; (b) the date(s), time and place(s) of the alleged violation(s); Page 14 of

and (c) a detailed description of the alleged injury. (2) Prior to the initiation of any legal proceeding under Subsection (B) above, the City shall be permitted ninety (90) days from the date of its receipt of the written notice of the alleged violation(s) within which to investigate such alleged violation(s) and, if substantiated, to correct such alleged violation(s). (3) If the alleged violation(s) is substantiated and subsequently cured, the City shall so notify the person(s) allegedly injured by such violation(s) and a notice shall be posted on the City's website that describes the corrective measure(s) taken to address the violation(s) and no legal proceeding to remedy the alleged violation(s) shall be allowed pursuant to Subsection (B) above but any attorney fees and expert witness fees incurred relevant to such alleged violation shall be reimbursed. (D)(C) Nothing in this Chapter shall be construed to limit or affect any individual's rights under state or federal laws. Section 12.22.080 Severability The provisions in this Chapter are severable. If any part or provision of this Chapter, or the application of this Chapter to any person or circumstance, is held invalid by a court of competent jurisdiction, the remainder of this Chapter shall not be affected by such holding and shall continue to have full force and effect. Section 12.22.090 Effective Date Commented [KC30]: Really? This is a very long time. This Chapter shall take effect nine months after its adoption. Page 15 of