[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:
COMMUNITY SAFETY CAMERA
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.
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:
(1) 
No audio recordings may be made except in accordance with the applicable federal and state law.
(2) 
Under no circumstances may a workplace camera or a community safety camera, or any recordings therefrom, be used for personal purposes.
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.
(3) 
The requirement to notify the Mayor under Subsection D(2) shall not apply to a release to a law enforcement agency.
(4) 
Except for releases to those persons specified in § 6-5B or C, the Police Chief may only release records to persons or entities pursuant to a subpoena or court order. The Police Chief must notify the Mayor within two days of any such release.
E. 
Log. The Police Chief shall maintain a log containing:
(1) 
The name of all persons accessing the system and viewing images from workplace and community safety cameras other than members of the Police Department;
(2) 
The date of such viewing;
(3) 
An identification of any image copied or printed; and
(4) 
The purpose of the access.
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.
C. 
At least two sworn police officers shall be trained to allow access to the recording devices 24 hours per day/seven days a week for both viewing and copying of recorded images for the permitted purposes described in § 6-5.
D. 
The data provided by the workplace and community safety cameras shall be retained until:
(1) 
Expiration of a period at least 30 days from the recording; or
(2) 
Until completion of any proceeding relating to the images or other data, whichever is longer.
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.