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Board approves ordinance to give defense limited access to city surveillance tapes after 30-day retention change
Summary
The Board of Supervisors passed amendments to allow defense attorneys access to certain surveillance recordings in charged cases and extend retention; the public defender and the Department of Emergency Management argued for 30-day retention and safeguards were added at the board's request.
The Board of Supervisors on Tuesday approved an ordinance to expand how the city preserves and provides access to certain surveillance recordings in charged criminal cases, after weeks of negotiation over retention periods, privacy protections and departmental capacity.
The measure's key provisions, as presented, change the timeline and procedures for preserving recordings and allow a defense attorney who files a written request to have recordings preserved beyond standard erasure periods. Supporters and the city's public defender said the change will help prevent wrongful incarceration when relevant video evidence would otherwise be lost.
Public Defender Jeff Adachi described a case in which two men were jailed for 69 days before surveillance material proved their innocence.
—This situation caused these 2 men to serve 69 days in jail,— the public defender said, urging the board to approve a preservation period that balances privacy and the right to evidence.
Vicki Hennessy, interim director of the Department of Emergency Management, said her department supports extending retention to 30 days but warned that the department lacks the current technical capacity and staff resources to meet short statutory turnaround requirements without additional funding. Hennessy said the department had already received about 51 such requests over the last year and that the proposed workload affects records staff who also handle 911 tapes and CAD records.
Budget and technology staff, including a representative from the Department of Telecommunications and Information Services, told the board that there are funds already appropriated for camera-related work but the Department of Emergency Management would need an estimated additional $130,000 to reach a 30-day retention standard on its systems.
Board members also discussed safeguards to prevent disclosure of recordings that could endanger witnesses. The ordinance as amended requires written requests by the defense, sets a 30-day preservation minimum for requested recordings, and bars disclosure to third parties (including the media) unless permitted by court order. The board adopted further technical amendments the city attorney proposed to clarify when a court order from prosecutors or the district attorney can temporarily prevent disclosure while a protective order is sought.
The board approved the ordinance on first reading after the sponsor and legal staff made several clarifying amendments.
