Aldermen Grace Wilken and Jaya Kolisetty have drafted an ordinance that creates an approval process for "policing surveillance technology and databases," as well as policy and reporting requirements for these tools.
"It's important for the public, and their council representatives, to have knowledge and approval of the surveillance technologies used on the public," Wilken told The News-Gazette. "There is currently a policy void, with no required process to purchase or use policing surveillance technology nor a process of transparency for the public."
However, Police Chief Larry D. Boone called the proposed ordinance "an overreach" and said he could not support it in its current form.
"While transparency and accountability are essential values, this ordinance is drafted so broadly and rigidly that it risks further crippling the Urbana Police Department's (UPD) ability to function effectively and efficiently," he said. "The language of the ordinance imposes undue burdens on UPD operations, micromanages routine functions, and threatens to undermine the department's ability to safeguard public safety."
The proposed ordinance will be discussed at Monday's 7 p.m. Committee of the Whole meeting. No action will be taken during the session.
If the ordinance is approved as written at a future regular meeting, the Urbana Police Department would be required to obtain the city council's approval before acquiring "any new policing (surveillance) technology or database" or using existing tools that fall into these categories "in a new manner not previously approved."
"In deciding whether to approve the request, the City Council shall consider whether the public safety benefits of the use of the policing technology or database outweigh the economic, social, and community costs, including potential negative impacts on civil liberties and civil rights and potential disparate impacts on particular communities or groups," the ordinance states.
Additionally, at least 60 days before seeking approval, the police department would have to create a "use report" and "use policy," which would be submitted to the council and shared with the public. The public would then have 45 days after the filing of these documents to submit formal comments to the council on this matter.
The department would also be required to present use reports and policies for all police surveillance technology and databases already in use within 120 days of the ordinance's passing. The deadline could be extended with written approval from the city council.
The council would then go through the same approval process outlined above for the existing technologies and databases.
The ordinance also requires an annual report on all policing surveillance technology and databases used by the department.
The ordinance's definition of police surveillance technology is lengthy and includes, but is not limited to, items such as "artificial intelligence and machine learning," automatic license plate readers (ALPRs), facial recognition software, drones, and tools that can be used to gain access to mobile devices or computers.
A policing database is defined in the ordinance as "any system used as part of a policing function that is capable of accessing, storing, cataloging, or analyzing information associated with or capable of being associated with any specific individual or group, including but not limited to audio, video, images, text, meta-data, location, spectral imaging, or biometric information."
This includes, but is not limited to, fingerprint databases, DNA databases, ALPR databases, criminal history databases and gang databases.
Boone said these definitions are "so expansive that they encompass nearly every tool or system used by law enforcement" and added that tools he sees as "basic technologies," such as ALPRs, are lumped in with "more complex or sensitive technologies" in the ordinance.
He also said that the 60-day notice period is not compatible with "the fast-paced demands of modern policing" and voiced concern that requiring approval for technology already in use could disrupt ongoing investigations.
On the other hand, the ordinance's language indicates concern about surveillance technologies having an adverse impact on civil rights and being used in a discriminatory manner.
The CU Muslim Action Committee has announced its support for the proposed local ordinance.
"Discriminatory, Islamophobic surveillance in the name of counterterrorism is something we have experienced in this country since 9/11," said member Sana Saboowala, citing reporting by PBS. "This policy would ensure that the city council can serve as a check on these technologies, while allowing for transparency and public input around police surveillance in the city."
Furthermore, Wilken and Kolisetty wrote that transparency is needed as new questions arise over whether such tools will be used to locate individuals seeking out-of-state abortions in Illinois, asylum seekers without legal immigration status, and "peaceful individuals or organizations" exercising rights such as "expressing grievances against the government."
"There are examples of multiple cities throughout Illinois that are or were giving access to local surveillance data to ICE, Immigration and Custom Enforcement," Wilken said. "... There are many other examples regionally and nationally where surveillance data has been used to harm people and impede upon privacy rights."
She cited a 2019 release from the ACLU of Illinois, which reported that records obtained by the ACLU of Northern California showed that "over 80 local law enforcement agencies from over a dozen states" had agreed to share license plate location data with ICE, including a handful of departments in Illinois.
Boone said that ALPRs are essential when it comes to investigating crimes and recovering stolen vehicles.
He added that the surveillance technologies currently used by Urbana police "consist of a disjointed assortment of various items couched in the 1990s, with no unified or cohesive technological infrastructure in place."
"As crime continues to evolve, it is crucial that law enforcement tools and strategies evolve as well," he said. "The integration of technology into policing is no longer a mere enhancement but a necessity."
A proposed budget amendment to purchase ALPRs previously failed to make it out of Committee of the Whole in November 2021, with the vote split 4-3.
A memo attached to the proposed ordinance notes that, in June 2023, Wilken and Alderman Chris Evans proposed adding language to the budget ordinance that would have required city council approval for the purchase of certain surveillance technologies. The motion failed 5-2.
However, Mayor Diane Marlin said at the time that the city would not authorize or purchase ALPR technology "without explicit majority approval" from city council.
Also up for discussion at Monday's Committee of the Whole meeting: an agreement to donate a vacant, 0.15-acre parcel at 2310B E. Main St. to the Champaign County Forest Preserve District to enable continued expansion of the Kickapoo Rail Trail.
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