For the purpose of this article, the following words and phrases shall have the meanings respectively ascribed to them by this section:
Alternative paper means paper with environmental qualities that meet or exceed United States Environmental Protection Agency standards.
Biodegradable means capable of being broken down, especially into innocuous products, by the action of living things such as microorganisms.
Certification means the designation given to a firm using standard review procedures where determined by the Human Rights Department that the firm applying for such designation meets or exceeds certain specified requirements for that category of business as determined by this article.
Certification process means the standard review process used to confer upon a firm the designation of certification as defined in this section.
City site means a location within the corporate limits of the City or property owned by the City that is outside the corporate limits of the City.
Cooperative purchases means purchases made through a cooperative purchases resource.
Cooperative purchases resource means an arrangement through which purchases may be made of goods or services that are available under open contracts issued to local, state, or federal governmental entities acting on a cooperative basis, including, but not limited to, those designated as Michigan Delivering Extended Agreements Locally (MiDEAL), American communities, and other similar arrangements among governmental entities that are identified by the Purchasing Director and posted on the City’s website.
Detroit-based business (D-BB) means a business that furnishes goods, performs services, or both, from a location within the City limits, that pays City of Detroit Income Tax and City of Detroit Property Tax, if applicable, and has paid such taxes for at least one year immediately preceding the date of the application for certification to be a Detroit Based Business, and which shall comply with the following requirements:
(1) Provide verification that the applicant has the physical resources, and the ability to provide the service from, the City location subject to the certification;
(2) Provide verification that the business has or can procure an adequate number of employees at the City location subject to certification, to provide the services identified in the application; and
(3) Disclose the number of Detroit Resident Employees located at the City location subject to certification.
Detroit-based micro business concern (D-BMBC) means a business which meets the definitions of Detroit Based business and micro business concern as defined within this section.
Detroit-based small business (D-BSB) means any business which meets the definitions of Detroit Based business and small business concern as defined within this section.
Detroit-headquartered business (D-HB) means a business which:
(1) Has received a certification as a Detroit Based business, as defined in this section;
(2) Has an office within the City that serves as the administrative center where the chief executive officer and highest level management staff perform at least 51 percent of their management functions; and
(3) Has received a certification as a Detroit Headquartered business.
Detroit-resident business (D-RB) means any business which employs a minimum of four employees at least 51 percent of which are City residents.
Energy Star compliant products mean products that meet or exceed the United States Environmental Protection Agency’s Energy Star; criteria for energy efficiency.
Environmentally-preferable means products or services that have a lesser or reduced effect on human health and the environment when compared with competing products or services that serve the same purpose and such comparison may consider raw materials acquisition, production, manufacturing, packaging, distribution, reuse, operation, maintenance, or disposal of the product or service.
Fiscal year means the fiscal year of the City being July 1st through June 30th.
Industrial oil means any compressor, turbine or bearing oil, hydraulic oil, metalworking oil or refrigeration oil.
Invitation for bids means the complete assembly of related bid documents, including those attached or incorporated by reference, which are furnished to prospective bidders for the purpose of bidding.
Joint venture means a joint venture of separate firms, one of which is a DBB, DBSB, DRB or DBMBC, which has been created to perform a specific contract, and is evidenced by a written agreement which provides at a minimum that the DBB, DBSB, DRB, or DBMBC:
(1) Is substantially included in all phases of the contract, including, but not limited to, bidding and staffing;
(2) Provides at least 51 percent of the total performance, responsibility, and project management of a specific job;
(3) Receives at least 51 percent of the total remuneration from a specific contract; and
(4) Shares in profits and losses.
Life-cycle analysis means the comprehensive examination of a product’s environmental and economic aspects and potential impacts throughout its lifetime, including raw material extraction, transportation, manufacturing, use, and disposal.
Lowest responsible bidder means the bidder who, or which, submits the lowest bid, conforming to specifications, as evaluated under Section 17512(b) of this Code, and who or which, meets the following standards as they relate to the particular contract under consideration. The prospective contractor must demonstrate:
(1) Adequate financial resources for the performance of the contract, or the ability to obtain such resources as required during performance;
(2) The necessary experience, organizational structure and resources, technical qualifications skills and facilities, or the ability to obtain them, including the ability to retain subcontractors as required;
(3) The ability to comply with the proposed or required time of delivery or performance schedule;
(4) A satisfactory record of integrity, judgment and performance. Contractors who, or which, are delinquent in current contract performance, considering the number of contracts and the extent of delinquencies of each, shall be presumed to be unable to fulfill this requirement in the absence of evidence to the contrary or compelling circumstances;
(5) The ability to conform to the requirements of the fair employment practices ordinances;
(6) Qualification and eligibility to receive an award under applicable laws ordinances and regulations; and
(7) The ability to produce, upon request, acceptable evidence of ability to obtain financial resources and the experience, organizational structure and resources, technical qualifications, skills and facilities needed for the proper performance of the contract sought.
Lubricating oil means any oil intended for use in an internal combustion crankcase, transmission, gearbox or differential, or in an automobile, bus truck, vessel, plane, train, heavy equipment or machinery powered by an internal combustion engine.
Major means not less than the specified dollar valuation of a contract in relation to the corresponding contract classification as follows:
| Type of Contract | Dollar Valuation |
| Purchase contracts: | |
| Equipment and supplies | $270,000,00 |
| Public works contracts: | |
| Demolition | $678,000.00 |
| Street paving | $1,350,000.00 |
| Construction | $2,700,000.00 |
| Nonprofessional services: | |
| Including but not limited to, tree removal, catering, janitorial, maintenance | $678,000.00 |
| Disposition of equipment and supplies unsuitable for public use | $25,000.00 |
Mentor venture means a joint venture of separate firms, one of which is a DBB, DBSB, DRB or DBMBC, which has been created to perform a specific contract, and is evidenced by a written agreement which provides at a minimum that the DBB, DBSB, DRB or DBMBC:
(1) Is substantially included in all phases of the contract, including, but not limited to bidding and staffing;
(2) Provides at least 30 percent of the total performance, responsibility and project management of a specific job;
(3) Receives at least 30 percent of the total remuneration from a specific contract; and
(4) Shares in profits and losses.
Micro business concerns (MBC) means a business which has average annual gross receipts of $1,000,000.00 or less and no more than 15 employees. A business which is an affiliate or subsidiary of an entity that is not eligible for registration as a micro business concern shall not be registered as a micro business concern.
Post-consumer waste means a finished material that would normally be disposed of as solid waste, having completed its life cycle as a consumer item, but does not mean manufacturing waste.
Price-premium payback period means the number of years that it takes for the savings in operating costs to offset any additional upfront price of the product versus a lower price, less energy efficient model, which is calculated by dividing the price premium by the annual savings in operating costs.
Readily biodegradable means the measurement guidelines according to the Organization for Economic Cooperation and Development.
Reblended latex paint means paint, which is also known as consolidated latex paint, that contains 100 percent post consumer content from good quality surplus with no virgin materials such as resins and colorants added.
Recycled latex paint, or reprocessed latex paint, means latex paint with a post consumer recycled content level that a minimum meets the requirements specified by the United States Environmental Protection Agency’s Recovered Materials Advisory Notice for reprocessed latex paint.
Recycled materials means materials that would otherwise be a useless, unwanted, or discarded material, except for the fact that the materials retain useful physical or chemical properties after serving a specific purpose and, therefore, can be reused or recycled.
Recycled oil means used oil that has been prepared for reuse as a petroleum product by refining, reclaiming, reprocessing or other means, provided, that the preparation or use is operationally safe, environmentally sound, and complies with federal, state, and local laws and regulations.
Recycled content paper means a paper with no less than:
(1) Fifty percent of its fiber weight consisting of secondary waste materials; or
(2) Thirty percent of its fiber weight consisting of postconsumer waste.
Retreaded tires means tires that use an existing casing for the purpose of vulcanizing new tread to such casing and that meet all performance and quality standards in the Federal Motor Vehicle Safety Standards determined by the United States Department of Transportation.
Secondary waste materials means fragments of products or finished products of a manufacturing process that has converted a virgin resource into a commodity of real economic value, including post consumer waste, but does not mean excess virgin resources of the manufacturing process, including fibrous waste generated during the manufacturing process such as fibers recovered from waste water or trimmings of paper machine rolls, mill broke, wood slabs, chips, sawdust, or other wood residue from a manufacturing process.
Small business concern (SBC) means a business which:
(1) Has been in existence and operating for at least one year prior to the date of application for certification as a small business concern;
(2) Does not meet the definition of a micro business concern as defined in this division; and
(3) Is one of the following:
a. A manufacturing business which, for the three fiscal years preceding the date of application for certification, has provided full time employment to not more than 500 persons; or
b. A general construction business which, for the three fiscal years preceding the date of application for certification, has average annual gross receipts of not more than $28,000,000.00; or
c. A specialty construction business whose average annual gross receipts have not exceeded $12,000,000.00 in the three fiscal years preceding the date of application for certification; or
d. A wholesale business which, for the three fiscal years preceding the date of application for certification, has provided full time employment to not more than 100 persons; or
e. A retail business which, for the three fiscal years preceding the date of application for certification, has average annual gross receipts of not more than $6,000,000.00; or
f. A service business, other than professional, which for the three fiscal years preceding the date of application for certification, has average annual gross receipts of not more than $6,000,000.00; or
g. A professional services business, which for the three fiscal years preceding the date of application for certification, has had average annual gross receipts of not more than $6,000,000.00. A business which is an affiliate or subsidiary of an entity that is not eligible for certification as a small business concern shall not be certified as a small business concern.
Used oil means a petroleum based or synthetic oil, which through use, storage or handling has become unsuitable for its original purpose due to the presence of physical or chemical impurities or loss of original properties.
Virgin oil means oil that has been refined and formulated from crude oil, synthetic oil, or any blend of synthetic oil, and that has not been used or contaminated with physical or chemical impurities.
Volatile organic compounds means organic compounds characterized by a tendency to readily evaporate into the air, contributing in both indoor and outdoor air pollution and the creation of photochemical smog.
Codified by Ord. No. 28-19 (JCC. 7/23/19, Pass. 9/10/19, App. 9/11/19, Pub. 9/20/19, Eff. 10/1/19); Amended by Ord. No. 2020-17 (JCC. 3/3/20, Pass. 6/2/20, App. 6/10/20, Pub. 8/6/20, Eff. 8/6/20)
(a) Solicitation of bids. Where the purchase entails a major expenditure, the Purchasing Director shall provide for the procurement of competitive bids as follows:
(1) Prepare the invitation for bids, describing the City’s requirements clearly, accurately and completely, avoiding unnecessarily restrictive specifications which might unduly limit the number of bidders. The invitation shall include:
a. A notification to all bidders that the City has a preference for environmentally preferred goods and services and will purchase them where they are price competitive, available, and substantiated according to accepted federal and commercial standards; and
b. A notification to all bidders that prices bid will be compared to prices available to the City from applicable cooperative purchases resources.
(2) Publicize the invitation for bids by advertising for bids one or more times both in the newspaper designated to print the official business of the City and in a centralized location on the City’s official website. Where appropriate, the Purchasing Director shall include advertisements in newspapers, trade journals, association postings, websites, and any other appropriate media sources. In addition, the Purchasing Director may send copies of such advertisement to persons and firms likely to be interested therein. Such advertisement shall accurately and clearly describe or refer to the subject matter of the proposed purchase and may also refer the bidder to specifications on file in the Office of Contracting and Procurement. Such advertisement shall specify the time and place of submitting bids and such other information from the specifications as the Purchasing Director shall deem advisable in the interest of the City. After publication of one advertisement, specifications shall not be changed without the publication of a new advertisement calling attention to such change. A reasonable time shall be allowed to enable prospective bidders to prepare and submit bids before the time set for public opening of bids.
(3) Receive written bids submitted by prospective contractors.
(b) Comparison of equalization credits.
(1) Detroit-based business and Detroit resident business. As the first step in comparing bids, the bid of any Detroit-based business or small Detroit-resident business shall be deemed a better bid than the bid of any competing firm which is not a Detroit-based business or Detroit-resident business whenever the bid of such competing firm shall be equal to or higher than the bid of the Detroit-based business or Detroit-resident business, after the appropriate equalization percentage credit from the following equalization allowance table has been applied to the bid of the Detroit-based firm:
Equalization Allowance Table
|
Contract Amount |
Equalization Percentage |
|
Up to $10,000.00 |
5% |
|
$10,000.01 to $100,000.00 |
4% |
|
$100,000.01 to $500,000.00 |
3% |
| $500,000.01 and over |
2% |
If the bidder qualifies as both a Detroit-based business and a Detroit-resident business, the equalization factor in the preceding table shall be doubled. If the bidder has qualified as a Detroit-based business by virtue of being a Detroit-headquartered business, as defined in Section 17-5-1 of this Code, it shall receive the equalization factor in the preceding table plus an additional three percent,
provided, that an affiliate, a subsidiary, a limited-liability corporation, or other business structure shall not receive the additional three percent where the Human Rights Department determine that another related office outside the City has a larger presence than the Detroit office
(2) Joint ventures, mentor ventures, and Detroit-based small and micro businesses. In comparing bids, the bid of any joint venture, mentor venture, Detroit-based small business, or Detroit-based micro business shall be deemed a better bid than the bid of any competing firm, which is not a joint venture, mentor venture, Detroit based small business, or Detroit-based micro business whenever the bid of such competing firm shall be equal to or higher than the bid of the joint venture, mentor venture, Detroit-based small business or Detroit-based micro business, after the appropriate equalization percentage credit from the following equalization allowance table has been applied to the bid of the Detroit-based firm:
|
Detroit-based small business |
1% |
|
Detroit-based microbusiness concern |
2% |
|
Joint venture |
2% |
|
Mentor venture |
1% |
(c) Application of equalization credits.
(1) For purposes of evaluating or scoring bids, a bidder shall be entitled to receive the equalization percentage credit for each category for which it qualifies under Section 17-5-12 through Section 17-5-14. The bidder that makes the lowest bid, as evaluated or scored shall be deemed the lowest equalized bidder. If the lowest equalized bid is evaluated or scored below the lowest responsible bid submitted, the lowest equalized bidder shall be awarded the contract, provided that, the contract awarded to such bidder shall not exceed, more than 12 percent above the lowest responsible bid submitted or $100.000.00, whichever is less.
(2) In the application of these equalization percentage credits, a joint venture shall not also be considered a mentor venture and a mentor venture shall not also be considered a joint venture. Unless certified before the deadline for submitting a bid, no bidder or firm shall receive an equalization credit as a Detroit-based business, small business or micro business concern. A joint venture or mentor venture shall not receive an equalization credit unless the Detroit-based business in the venture has been certified as such before the deadline for submitting a bid.
(3) If a bidder claims an equalization credit as a Detroit-resident business, it shall submit documentation of its eligibility with its bid. The Office of Contracting and Procurement or the contracting department shall determine whether the bidder qualities as a Detroit-resident business after the bid opening.
(4) After applying any equalization percentage credit that is contained in this section, the Purchasing Director shall apply Section 17-5-14 through 17-5-16 of this Code. Where Section 17-5-14 through 17-5-16 of this Code do not apply, the contract shall be awarded to the lowest responsible bidder.
(d) Limited bidding permitted in certain circumstances. On the Purchasing Director’s own initiative or at the request of the contracting department, the Purchasing Director may limit the bidding for a contract to Detroit- based businesses, Detroit-based small businesses, or Detroit-based micro businesses, provided, that there are at least three firms certified or registered by the Human Rights Department which would be eligible to bid for the contract. The equalization factors in Section 17-5-12 of this Code shall not apply to the solicitation of bids under this subsection. In determining whether to so limit the bidding, the Purchasing Director should make commercially reasonable efforts to maximize the utilization of Detroit-based businesses, Detroit-based small businesses, or Detroit-based micro businesses. As used in this subsection only, “should” means a strong recommendation, but does not mandate the actions described.
(e) Documentation to be made available. Any bidder who claims to be entitled to an equalization percentage credit shall agree to make the records that were necessary to establish eligibility available to the City.
(f) Prohibition against unapproved assignments or subcontracts. A Detroit resident business, a Detroit-based business, or a mentor venture or joint venture with a Detroit-resident business or Detroit-based business may not assign or subcontract its City contracts to a non Detroit-based business or a non-Detroit resident business without the approval of such assignment or subcontract by the Purchasing Director.
(g) Exemptions. The requirements of this section shall not be applicable where any one of the following conditions exists:
(1) Public exigencies require the immediate delivery of the articles or performance of the service;
(2) The Purchasing Director certifies that only one source of supply is available;
(3) The services to be performed are professional in nature; or
(4) The item to be acquired is rare or unique.
Codified by Ord. No. 28-19 (JCC 7/23/2019, Passed 9/10/2019, Approved 9/11/2019, Published 9/20/2019, Effective 10/1/2019); Amended by Ord. No. 2021-46 (JCC 11/3/2021, Passed 11/16/2021, Approved 11/22/2021, Published 11/30/2021, Effective 11/30/2021).
(a) This division shall apply to each contractor for goods or services with which the City enters into a contract, whether or not the contract is subject to competitive bid.
(b) Each contractor to which this division applies shall be responsible for searching and disclosing its records, as well as records of any and all of its predecessor entities, if any, that are within the possession or knowledge of the contractor regarding investments or profits from the slave industry, including records of any insurance policies that were issued to slaveholders and that provided coverage for injury, death, or other loss related to slaves who were held during the slavery era in the United States.
(c) Each contractor to which this division applies shall be responsible for searching and disclosing its records, as well as records of any and all of its predecessor entities, if any, that are within the possession or knowledge of the contractor and that indicate:
(1) The use of inmate labor in the course of the contractor’s or a predecessor entity’s business; or
(2) Any income has been derived directly from, or any investments in, the construction, operations, services, or activities of prisons.
(d) Each contractor to which this division applies shall be responsible for searching and disclosing its records, as well as records of any and all of its predecessor entities, if any, that are within the possession or knowledge of the contractor and that indicate any income has been derived directly from, or any investments in, the construction, operations, services, or activities of facilities in the United States that are used for the detention of persons who are not citizens or nationals of the United States.
Amended by Ord. No. 24-19 (JCC 7/2/2019, Passed 7/23/2019, Approved 7/29/2019, Published 8/8/2019, Effective 10/22/2019); Saved From Repeal by Ord. No. 28-19 (JCC 7/23/2019, Passed 9/10/2019, Approved 9/11/2019, Published 9/20/2019, Effective 10/1/2019).
(a) As part of its contract package, each contractor with which the City enters into a contract shall submit to the Office of Contracting and Procurement prior to the submission to City Council for approval of such contract, an affidavit that discloses the information indicated in Subsections (b), (c), (d), and (e) of this section. The affidavit shall be on a form provided by the Office of Contracting and Procurement.
(b) The affidavit shall verify that the contractor has searched all of its records, as well as all records of any and all of its predecessor entities, if any, that are within the possession or knowledge of the contractor regarding:
(1) Investments or profits from the slave industry, including records of any insurance policies issued to slave holders which provided coverage for injury, death, or other loss related to slaves who were held during the slavery era in the United States;
(2) The use of inmate labor in the course of business;
(3) Financial interests in the construction, operations, services, or activities of prisons; and
(4) Financial interests in the construction, operations, services, or activities of facilities in the United States that are used for the detention of persons who are not citizens or nationals of the United States.
(c) The affidavit shall disclose any information discovered during the search regarding investments or profits from slavery or slave holder insurance policies that accrued to the contractor or to any predecessor entity, including the names of any slaves or slave holders that are described in such records or are otherwise within the knowledge of the contractor.
(d) The affidavit shall disclose any information discovered during the search regarding:
(1) The use of inmate labor in the course of the contractor’s or a predecessor’s entity’s business; and
(2) Any of the contractor’s or a predecessor entity’s income derived directly from, or any investments by the contractor or a predecessor entity in, the construction, operations, services, or activities of prisons.
(e) The affidavit shall disclose any information discovered during the search regarding any of the contractor’s or a predecessor entity’s income derived directly from, or any investments by the contractor or a predecessor entity in, the construction, operations, services, or activities of facilities in the United States that are used for the detention of persons who are not citizens or nationals of the United States.
Amended by Ord. No. 24-19 (JCC 7/2/2019, Passed 7/23/2019, Approved 7/29/2019, Published 8/8/2019, Effective 10/22/2019); Saved From Repeal by Ord. No. 28-19 (JCC 7/23/2019, Passed 9/10/2019, Approved 9/11/2019, Published 9/20/2019, Effective 10/1/2019).
The purpose of this division is to ensure that City contractors afford an individual who is qualified for a position, but has a criminal conviction, the opportunity to apply, and be considered, as an employee needed to fulfill the terms of its contract with the City.
Codified by Ord. No. 28-19 (JCC 7/23/2019, Passed 9/10/2019, Approved 9/11/2019, Published 9/20/2019, Effective 10/1/2019); Amended by Ord. No. 2021-47 (JCC 11/3/2021, Passed 11/16/2021, Approved 11/17/2021, Published 12/1/2021, Effective 12/1/2021).
For the purposes of this division, the following words and phrases shall have the meaning respectively ascribed to them by this section:
Adverse action means a decision by a City contractor not to hire or further consider an applicant for an employment position required to fulfill a covered contract with the City.
Applicant means an individual who has filed an application for any position of employment covered by this division.
Arrest means a record from any jurisdiction that does not result in a conviction and includes information indicating that a person has been questioned, apprehended, taken into custody or detained, or held for investigation by a law enforcement, police, or prosecutorial agency or charged with, indicted, or tried and acquitted for any felony, misdemeanor, or other criminal offense. Arrest is a term that is separate and distinct from, and that does not include, unresolved arrest.
Background check report means any criminal history report accessible through the Michigan State Police Internet Criminal History Access Tool (I-CHAT), courts, or by any consumer reporting, or employment screening, agency or business.
Conditional offer of employment means an offer by an employer to hire an applicant, which may be withdrawn only if the employer subsequently determines that the applicant (1) has a conviction record which, based on an individualized assessment as required by Section 17-5-266, would reasonably lead an employer to conclude that the applicant would pose an unacceptable risk in the position applied for, or (2) does not meet other legal or physical requirements of the job.
Conviction means a record from any jurisdiction that includes information indicating that a person has been convicted of a felony or misdemeanor, provided that the conviction Is one for which the person has been placed on suspended sentence or probation, fined, imprisoned, or paroled. Those matters identified in Subsection 17-5-264(a)(2) of this Code, about which an employer may not inquire and as to which they may not base an adverse action, are not considered convictions for purposes of this article.
Conviction history means information regarding one or more convictions or arrests, or unresolved arrests, transmitted orally or in writing or by any other means, and obtained from any source, including but not limited to the individual to whom the information pertains or a background check report.
Department means the Department of Human Rights, commonly referenced as the Department of Civil Rights, Inclusion, and Opportunity.
Directly-related conviction means that the conduct for which the person was convicted bears such a relationship to the employment sought that the employer may reasonably conclude that the applicant would present an unacceptable risk to the operation of the business or to coworkers or customers. Those matters identified in Subsection 17-5-264(a)(2) of this Code, about which a City contractor may not inquire and as to which they may not base an adverse action, are excluded from this definition.
Evidence of rehabilitation or other mitigating factors means, but shall not be limited to a person’s satisfactory compliance with all terms and conditions of parole or probation, however, provided that, the inability to pay fines, fees, and restitution due to indigence shall not be considered noncompliance with terms and conditions of parole or probation or both; employer recommendations, especially concerning a person's post-conviction employment; educational attainment or, vocational or professional training since the conviction, including training while incarcerated; completion or active participation in rehabilitative treatment e.g. alcohol or drug treatment; letters of recommendation from community organizations, counselors or case managers, teachers, community leaders or probation or parole officers who have observed the applicant since his or her conviction(s); and the age of the person at the time of the conviction. Successful completion of parole, probation, mandatory supervision, or post release community supervision shall create a presumption of rehabilitation. Examples of mitigating factors offered voluntarily by the person may include, but are not limited to, explanation of the precedent coercive conditions, intimate physical or emotional abuse, or untreated substance abuse or mental illness that contributed to the conviction.
Inquire means any direct or indirect conduct intended to gather information regarding a job applicant, using any mode of communication.
Legitimate business reason means the reason for the revocation of a conditional offer based on a finding that the applicant
(1) has a conviction record which, based on an individualized assessment as required by Section 17-5-266, would reasonably lead an employer to conclude that the applicant would pose an unacceptable risk in the position applied for; or
(2) does not meet other legal or physical requirements of the job; or both.
Unresolved arrest means an arrest that is undergoing an active pending criminal investigation or trial that has not yet been resolved. An arrest has been resolved if the arrestee was released and no accusatory pleading was filed charging him or her with an offense, or if the charges have been dismissed or discharged by the prosecuting attorney or the court.
Codified by Ord. No. 28-19 (JCC 7/23/2019, Passed 9/10/2019, Approved 9/11/2019, Published 9/20/2019, Effective 10/1/2019); Amended by Ord. No. 2021-47 (JCC 11/3/2021, Passed 11/16/2021, Approved 11/17/2021, Published 12/1/2021, Effective 12/1/2021).
(a) This division shall apply as follows:
(1) To all contracts, which the City enters into, whether for goods or services and whether or not subject to competitive bid, where the contract is for the amount of $25,000.00 or more; and
(2) To all employment positions required to fulfill the terms of a City contract covered by this division.
(b) This division shall not apply:
(1) To any employees who are hired by any City contractor in connection with contracts for goods or services that are not provided to the City; or
(2) To any City contract that is subject to Section 17-5-16 of this Code.
Codified by Ord. No. 28-19 (JCC 7/23/2019, Passed 9/10/2019, Approved 9/11/2019, Published 9/20/2019, Effective 10/1/2019); Amended by Ord. No. 2021-47 (JCC 11/3/2021, Passed 11/16/2021, Approved 11/17/2021, Published 12/1/2021, Effective 12/1/2021).
(a) Except as provided in Section 17-5-265 of this Code, City contractors shall not:
(1) Inquire about, consider, review, or require employment applicants to disclose conviction history as part of the employment screening process of their applicants for a covered position of employment until the contractor has extended a conditional employment offer to the applicant that commits the contractor to hire the applicant provided that the applicant passes the conviction history review and the applicant meets any other legal or physical requirements of the job.
(2) Base an adverse action in whole or in part on:
a. An unresolved arrest or an arrest not leading to a conviction;
b. Participation in or completion of a diversion or a deferral of judgment program;
c. A conviction that has been judicially dismissed, expunged, voided, invalidated or otherwise rendered inoperative by a court of law or by executive pardon;
d. A conviction or any other determination or adjudication in the juvenile justice system, or information regarding a matter considered in or processed through the
juvenile justice system;
e. A misdemeanor conviction that is more than five years old, measured from the date of sentencing; or
f. Except for positions requiring the operation of a motor vehicle in the course of employment, information pertaining to an offense or violation other than a felony or misdemeanor, such as a civil infraction. For positions requiring the operation of a motor vehicle, traffic violations or citations may be the basis of an adverse action.
(3) Include questions regarding or require applicants to make a disclosure on any employment application facts or details concerning any conviction history or any matter identified in Subsection (a)(2) of this section.
(b) Each application for employment required for the fulfillment of a City contract shall advise the applicant that the employer shall not inquire or otherwise seek information regarding an applicant’s criminal conviction history at any time prior to the issuance of a conditional offer of employment.
(c) It is the responsibility of the City contractor to ensure that each of its subcontractors, employees, and agents comply with this division.
Codified by Ord. No. 28-19 (JCC 7/23/2019, Passed 9/10/2019, Approved 9/11/2019, Published 9/20/2019, Effective 10/1/2019); Amended by Ord. No. 2021-47 (JCC 11/3/2021, Passed 11/16/2021, Approved 11/17/2021, Published 12/1/2021, Effective 12/1/2021).
(a) This division does not apply to the following:
(1) To performing a criminal history background check on applicants for positions for which local, state, or federal law or regulations require the consideration of an applicant’s criminal history for the purposes of employment; or
(2) To any facility or employment that provides programs, services, or direct care to minors or vulnerable adults.
(b) This division does not limit the right of an employer to notify applicants that laws, regulations, or company policies will disqualify an individual with a particular criminal conviction from employment in certain positions based on the requirements of those positions.
Codified by Ord. No. 28-19 (JCC 7/23/2019, Passed 9/10/2019, Approved 9/11/2019, Published 9/20/2019, Effective 10/1/2019); Amended by Ord. No. 2021-47 (JCC 11/3/2021, Passed 11/16/2021, Approved 11/17/2021, Published 12/1/2021, Effective 12/1/2021).
(a) An employer may revoke the conditional offer of employment based on the discovery of a directly-related conviction or after determining that the applicant does not meet other legal or physical requirements of the position.
(b) If the revocation is based on the discovery of a directly-related conviction the revocation may be issued only after conducting an individualized assessment of the applicant which must include the following factors:
(1) The nature of the offense;
(2) The duties of the position sought;
(3) The time that has elapsed since the occurrence of the criminal offense;
(4) The applicant’s employment history before and after the offense;
(5) The age of the applicant at the time of the criminal offense; and
(6) The frequency and seriousness of the criminal offense(s).
Codified by Ord. No. 28-19 (JCC 7/23/2019, Passed 9/10/2019, Approved 9/11/2019, Published 9/20/2019, Effective 10/1/2019); Amended by Ord. No. 2021-47 (JCC 11/3/2021, Passed 11/16/2021, Approved 11/17/2021, Published 12/1/2021, Effective 12/1/2021).
(a) If a City contractor revokes the conditional offer of employment, the contractor shall issue a written notice of the revocation of the conditional offer of employment to the applicant.
(b) The notice shall state with specificity any criminal convictions or history relied upon in revoking the conditional offer of employment and the legitimate business reason for the revocation.
(c) The notice shall include a copy of any background check or criminal conviction history record relied upon in the decision to revoke the conditional offer of employment.
(d) The notice shall inform the applicant that the revocation is final unless the applicant submits a written objection to the revocation to the contractor within 14 days of its issuance.
Codified by Ord. No. 28-19 (JCC 7/23/2019, Passed 9/10/2019, Approved 9/11/2019, Published 9/20/2019, Effective 10/1/2019); Amended by Ord. No. 2021-47 (JCC 11/3/2021, Passed 11/16/2021, Approved 11/17/2021, Published 12/1/2021, Effective 12/1/2021).
(a) The applicant may, within 14 days of the issuance of the notice of revocation, submit a written objection, to the revocation to the contractor. The objection may include the following:
(1) Information bearing on the accuracy of the criminal history relied upon in the revocation of the conditional offer of employment;
(2) Evidence of rehabilitation or other mitigating factors; and
(3) Any Information pertaining to the legitimate business reasons asserted by the employer in its decision to revoke the conditional offer.
(b) The City contractor shall delay any adverse action for at least 5 calendar days after receiving the objection. During that time the City contractor shall reconsider the revocation of the conditional offer in light of the information provided by the applicant.
(c) The City contractor shall promptly notify the applicant of any final adverse action based upon the applicant’s conviction history or contents of the criminal background check. This notice shall advise the applicant of the applicant’s right to file a written complaint with the Department within 14 calendar days of the issuance of the notice.
Codified by Ord. No. 28-19 (JCC 7/23/2019, Passed 9/10/2019, Approved 9/11/2019, Published 9/20/2019, Effective 10/1/2019); Amended by Ord. No. 2021-47 (JCC 11/3/2021, Passed 11/16/2021, Approved 11/17/2021, Published 12/1/2021, Effective 12/1/2021).
(a) The applicant may seek review of the final adverse action by filing a written complaint with the Department within 14 calendar days of the issuance of the notice of final adverse action.
(b) The Department shall complete its review within 28 days of the filing of the complaint and shall notify the contractor and the applicant in writing of its determination. The contractor shall promptly supply the Department with any records or documents associated with the application and the contractor’s decision upon the Department’s request.
(c) If the Department determines that the contractor has violated this division, the Department may deem the contract to have been breached as provided in Subsection 17-5-271(b).
(d) The Department shall forward an annual report of violations of this division to the City Council.
Codified by Ord. No. 28-19 (JCC 7/23/2019, Passed 9/10/2019, Approved 9/11/2019, Published 9/20/2019, Effective 10/1/2019); Amended by Ord. No. 2021-47 (JCC 11/3/2021, Passed 11/16/2021, Approved 11/17/2021, Published 12/1/2021, Effective 12/1/2021).
Any employer subject to the terms of this division shall post a summary of the division’s requirements, in a form to be
supplied by the Department, in a conspicuous place on the employer’s website and premises, where applicants and employees will be most likely to notice and read it.
Codified by Ord. No. 28-19 (JCC 7/23/2019, Passed 9/10/2019, Approved 9/11/2019, Published 9/20/2019, Effective 10/1/2019); Amended by Ord. No. 2021-47 (JCC 11/3/2021, Passed 11/16/2021, Approved 11/17/2021, Published 12/1/2021, Effective 12/1/2021).
(a) Prior to the submission of a contract to City Council for approval, each contractor, with which the City enters into a contract under this division, shall submit to the Office of Contracting and Procurement, as part of its contract package, a completed affidavit, which states under oath, that the contractor’s hiring policy is in compliance with this division with an attached copy of the contractor’s application to hire employees needed to fulfill the terms of the contract with the City. The affidavit shall be on a form, prepared by the Law Department, and provided to the contractor by the Office of Contracting and Procurement.
(b) Whenever a City contractor utilizes a subcontractor to fulfill the requirements of its contract with the City, the contractor shall provide documentation, as required in Subsection (a) of this section, for each of its subcontractors.
Codified by Ord. No. 28-19 (JCC 7/23/2019, Passed 9/10/2019, Approved 9/11/2019, Published 9/20/2019, Effective 10/1/2019); Amended by Ord. No. 2021-47 (JCC 11/3/2021, Passed 11/16/2021, Approved 11/17/2021, Published 12/1/2021, Effective 12/1/2021).
(a) Where a bid or proposal fails to comply with this division, the bid or proposal is deemed to be non-responsive.
(b) Where a contractor fails to comply with this division, the City may deem the contract to be in breach.
Codified by Ord. No. 28-19 (JCC 7/23/2019, Passed 9/10/2019, Approved 9/11/2019, Published 9/20/2019, Effective 10/1/2019); Amended by Ord. No. 2021-47 (JCC 11/3/2021, Passed 11/16/2021, Approved 11/17/2021, Published 12/1/2021, Effective 12/1/2021).
Codified by Ord. No. 28-19 (JCC 7/23/2019, Passed 9/10/2019, Approved 9/11/2019, Published 9/20/2019, Effective 10/1/2019); Amended by Ord. No. 2021-47 (JCC 11/3/2021, Passed 11/16/2021, Approved 11/17/2021, Published 12/1/2021, Effective 12/1/2021).
(a) A contractor may be debarred, based upon a preponderance of the evidence, for:
(1) Violation of the terms of a City contract or subcontract, or a contract or subcontract funded in whole or in part by City funds, such as failure to perform in accordance with the terms of one or more contracts; or the failure to perform, or unsatisfactory performance of one or more contracts;
(2) Failing to comply with state, federal or local laws or regulations applicable to the performance of a contract;
(3) Violation of a City ordinance, City procurement or other policies or administrative order that has the gravity or sufficiency to justify debarment. The Inspector General shall make a determination on whether the violation has reached a level justifying debarment based upon the totality of the circumstances creating the violation;
(4) Knowingly, or negligently using a debarred contractor as a subcontractor;
(5) Evidence of (i) the contractor or the contractor’s officers or owners, or (ii) any person or entity having a direct or indirect financial or beneficial interest in the contractor or its operations; engaging in a criminal offense or civil misconduct that evidences a lack of business integrity or business honesty, including but not limited to, embezzlement, theft, theft of services, forgery, bribery, fraud, tax evasion, falsification or destruction of records, making false statements, or receiving stolen property, or violations of laws relating to the obtaining or performance of public contracts;
(6) Submission of false or misleading documentation, or making false or misleading statements;
(7) Submission of false or misleading information provided to the City in an attempt to secure certification as a Detroit-based, Detroit-headquartered, or Detroit-resident business, as defined in Section 18-5-1 of this Code.
(8) Failure to report unethical conduct by a public servant that has a duty to the City of Detroit; or
(9) Any other conduct that evidences the inability of the contractor to act responsibly in its conduct on behalf of the City.
(b) The conduct giving rise to the debarment may be based upon actions taken in connection with work undertaken for the City, or other public entities, or private entities.
(c) There is no statute of limitations on investigations, findings of violation of the debarment policy or the initiation of debarment proceedings.
Amended by Ord. No. 07-19 (JCC 3/19/2019, Passed 5/7/2019, Approved 5/13/2019, Published 6/17/2019, Effective 6/17/2019); Saved From Repeal by Ord. No. 28-19 (JCC 7/23/2019, Passed 9/10/2019, Approved 9/11/2019, Published 9/20/2019, Effective 10/1/2019).
For the purpose of this division, the following words and phrases shall have the meanings respectively ascribed to them by this section:
Surveillance means the surreptitious or non-surreptitious monitoring, observing, watching, listening, capturing, tracking, or recording of a person’s or group of persons’ movements, characteristics, traits, communications, gestures, associations, or activities.
Surveillance data means any electronic data collected, captured, recorded, retained, processed, intercepted, analyzed, or shared by surveillance technology.
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:
a. International mobile subscriber identity (IMSI) catchers and other cell site simulators;
b. Automatic license plate readers;
c. Electronic toll readers;
d. Except as identified in Subsection (2)(f) of this definition, closed-circuit television cameras;
e. Biometric surveillance technology, including facial voice, iris, and gait-recognition software and databases;
f. 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 wide-angle cameras;
j. Surveillance enabled or capable light bulbs or light fixtures;
k. Tools, including software and hardware, used to gain access to a computer, computer service or computer network without the authorization of the respective owner/user;
l. Social media monitoring software;
m. Through-the-wall radar or similar imaging technology;
n. Passive scanners of radio networks;
o. Long-range Bluetooth and other wireless-scanning devices;
p. Radio-frequency I.D. (RFID) scanners; and
q. Software designed to integrate or analyze data from Surveillance Technology, including but not limited to remote video and/or audio monitoring, social media monitoring, surveillance target tracking, and predictive policing software.
(2) Surveillance technology does not include the following devices or hardware, unless they have been equipped with, or are modified to become or include, a surveillance technology as defined in this section:
a. Routine office hardware, such as televisions, computers, and printers, that is in widespread public use and will not be used for any surveillance or surveillance related functions;
b. Parking Ticket Devices (PTDs);
c. Cell phones;
d. Manually-operated, non-wearable, hand-held digital cameras, audio recorders, and video recorders that are not designed to be used surreptitiously and whose functionality is limited to manually capturing and manually downloading video and/or audio recordings;
e. Body worn cameras and in-vehicle video cameras;
f. Closed circuit television cameras, utilized for security purposes, located inside or upon a City government building or accessory structure other than a school or a library;
g. Any technology that is procured exclusively for the purpose of controlling City employee access to, or the use of, a secured City government building or vehicle, even when used in conjunction with another surveillance technology;
h. Surveillance devices that cannot record or transmit audio or video or be remotely accessed, such as image stabilizing binoculars or night vision goggles;
i. City department databases that do not and will not contain any data or other information collected, captured, recorded, retained, processed, intercepted, or analyzed by surveillance technology; and
j. Manually-operated technological devices that are used primarily for internal City department communications and are not designed to surreptitiously collect surveillance data, such as radios and email systems.
Surveillance technology procurement means the purchase or acquisition of a surveillance technology whether or not the surveillance technology procurement is made through the exchange of monies or other consideration.
Codified by Ord. No. 2021-17 (JCC 5/11/2021, Passed 5/25/2021, Approved 6/1/2021, Published 6/14/2021, Effective 6/14/2021).
(a) No City department may engage in a surveillance technology procurement until:
(1) The City department has provided the City Council with a Surveillance Technology Specification Report, as described in Section 17-5-453 of this Code;
(2) The City department has publicly released the related Surveillance Technology Specification Report in accordance with Subsection (c) of this section and City Council has allowed opportunity for public comment at all of the following properly-noticed hearings or meetings, conducted pursuant to the Michigan Open Meetings Act, being MCL 15.261 et seq., regarding the requested procurement:
a. The City Council Committee reviewing the procurement request:
b. City Council Formal Session, if the procurement request is considered during Formal Session;
c. At a special Public Hearing, if authorized by vote of a majority of City Council Members serving; and
d. During any other hearings and meetings, if required by law; and
(3) The City Council has voted to approve the surveillance technology procurement.
(b) All applicable Surveillance Technology Specification Reports associated with a surveillance technology, as well as any other applicable existing policies, standards, and procedures, shall be submitted to the City Council by the requesting City department or, in the case of the Police Department, in conjunction with a copy of any applicable existing governing policy approved by the Board of Police Commissioners, concurrently with any request for the approval of the procurement of a surveillance technology.
(c) Surveillance Technology Specification Reports submitted for procurement of new surveillance technology shall be made available to the public, at a designated page on the City website at least 14 days prior to holding any of the hearings or meetings required under Subsection (a)(2) of this section. Any Surveillance Technology Specification Report that is submitted with a surveillance technology procurement approval request approved by City Council shall be made available to the public for as long as the related surveillance technology remains in use by or in the possession of the City department.
(d) The City Council shall only approve a procurement request for a surveillance technology under this section if the Body determines the benefits of the surveillance technology outweigh its costs, that the proposal will safeguard civil liberties and civil rights, and that the uses and deployments of the surveillance technology will not be based upon discriminatory or viewpoint-based factors or have a disparate impact on any community or group.
(e) Any City Council approval of a procurement request for a surveillance technology made pursuant to this division shall be preconditioned and done in reliance upon the information, obligations, and limitations set forth in the Surveillance Technology Specification Report provided to the City Council pursuant to Subsection (b) of this section. Where the Police Department wishes to use a procured surveillance technology in a manner that is inconsistent with its Surveillance Technology Specification Report and where Section 17-5-457 of this Code is inapplicable, it must seek and receive permission to do so from the Board of Police Commissioners.
(f) Permission to acquire or use a new make or model of a surveillance technology does not have to be sought where its functionality and capabilities do not differ in any significant way from a previously approved version of an equivalent surveillance technology.
Codified by Ord. No. 2021-17 (JCC 5/11/2021, Passed 5/25/2021, Approved 6/1/2021, Published 6/14/2021, Effective 6/14/2021).
(a) The contents of the Surveillance Technology Report shall reflect the complete and accurate proposed use of surveillance technology being submitted.
(b) The surveillance Technology Report shall be a publicly released report, written by the requesting City department or, in the case of the Police Department, in conjunction with the Board of Police Commissioners, that includes, at a minimum, the following:
(1) Description: Information describing the surveillance technology and its capabilities;
(2) Purpose: Any specific purpose the surveillance technology is intended to advance:
(3) Deployment: If the surveillance technology will not be uniformly deployed or targeted throughout the City, what factors will be used to determine where the technology is deployed or targeted;
(4) Fiscal Impact: The fiscal impact of the surveillance technology;
(5) Civil Rights/Liberties Impacts: An assessment identifying with specificity:
a. Any potential adverse impacts the surveillance technology, if deployed, might have on civil liberties and civil rights; and
b. What specific, affirmative measures will be implemented to safeguard the public from the potential adverse impacts identified in this section;
(6) Authorized Use: A complete description of the purpose and intended uses of the surveillance technology, including any uses that will be expressly prohibited;
(7) Data Collection:
a. What types of surveillance data will be collected, captured, recorded, intercepted, or retained by the surveillance technology;
b. What surveillance data may be inadvertently collected during the authorized uses of the surveillance technology, and what measures will be taken to minimize the inadvertent collection of data; and
c. How inadvertently collected surveillance data will be expeditiously identified and deleted;
(8) Data Protection: What safeguards will be used to protect surveillance data from unauthorized access, including encryption and access control mechanisms;
(9) Data Retention: Insofar as the privacy of the public can be severely compromised by the long-term storage of mass surveillance data, what rules and procedures will govern the retention of surveillance data, including those governing:
a. The limited time period, if any, surveillance data will be retained. Such information shall include a statement explaining why the designated retention period is no greater than that which is absolutely necessary to achieve the specific purpose(s) enumerated in the Surveillance Technology Specification Report;
b. The specific conditions that must be met to retain surveillance data beyond the retention period identified pursuant to Subsection (b)(9)(a) of this section; and
c. The process utilized to regularly delete surveillance data after the retention period stated in Subsection (b)(9)(a) of this section has elapsed and the auditing procedures that will be implemented to ensure data is not improperly retained;
(10) Surveillance Data Sharing: If a City department is seeking authorization to share access to surveillance technology or surveillance data with any other governmental agencies, departments, bureaus, divisions, or units, or non-governmental persons or entities in the absence of a judicial warrant or other legal mandate, it shall detail:
a. Which governmental agencies, departments, bureaus, divisions, or units, or non-governmental persons or entities will be approved for;
i. Surveillance technology sharing to the governmental agency, department, bureau, division, or unit or non-governmental person or entity, and
ii. Surveillance technology sharing from the governmental agency, department, bureau, division, or unit, or nongovernmental person or entity, and
iii. Surveillance data sharing to the governmental agency, department, bureau, division, or unit, or non-governmental person or entity;
b. Where applicable, the type of information of surveillance data that may be disclosed to the governmental agency, department, bureau, division, or unit, or non-governmental person or entity; and
c. Where applicable, any safeguards or restrictions that will be imposed on the surveillance technology or data receiving governmental agency, department, bureau, division, or unit, or non-governmental person or entity regarding the use or dissemination of the provided surveillance technology or data;
(11) Demands for Access to Surveillance Data: What legal standard must be met by government entities or third parties seeking or demanding access to surveillance data;
(12) Auditing and Oversight: What mechanisms will be implemented to ensure the Surveillance Technology Specification Report is followed, including what independent persons or entities will be given oversight authority, if and how regular audits will be conducted, and in the case of the Police Department, also how the Board of Police Commissioners will be involved in the auditing and oversight process;
(13) Training: Would specialized training be required in connection with the use of the surveillance technology; and
(14) Complaints: What procedures will allow members of the public to register complaints or concerns, or submit questions about the deployment or use of a specific surveillance technology, and how the City department will ensure each question and complaint is responded to in a timely manner.
Codified by Ord. No. 2021-17 (JCC 5/11/2021, Passed 5/25/2021, Approved 6/1/2021, Published 6/14/2021, Effective 6/14/2021).
Technology Procurement Report.
(a) Not later than March 31st of each year, any City department, with the exception of the police department, using a surveillance technology must submit to the City Council and make available on its public website, an Annual Surveillance Technology Procurement Report.
(1) The Annual Surveillance Technology Procurement Report shall include the following information for the previous calendar year:
a. The total dollar value of all contracts associated with procurement of new surveillance technology;
b. The total number of contracts entered into for the procurement of new surveillance technology; and
c. The number of occasions where surveillance technology was acquired temporarily from other jurisdictions, or entities, as well as the type(s) of surveillance technology acquired.
(b) Included in the annual report required under Section 7-806 of the Charter, Duties of the Chief of Police, the Police Department must include an Annual Surveillance Technology Procurement Report as part of the annual report of operations.
(1) The Annual Surveillance Technology Procurement Report shall include the following information for the previous calendar year:
a. The total dollar value of all contracts associated with procurement of new surveillance technology;
b. The total number of contracts entered into for the procurement of new surveillance technology; and
c. The number of occasions where surveillance technology was acquired temporarily from other jurisdictions or entities, as well as the types of surveillance technology acquired.
Codified by Ord. No. 2021-17 (JCC 5/11/2021, Passed 5/25/2021, Approved 6/1/2021, Published 6/14/2021, Effective 6/14/2021).
(a) Not later than March 31st of each year, any City Department with the exception of the police department, using a surveillance technology must submit to the City Council, and make available on its public website, an Annual Surveillance Use Report for each specific surveillance technology procured at any time during the previous calendar year.
(1) The Annual Surveillance Use Report shall include the following information for the previous calendar year:
a. A brief overview of how the surveillance technology collected data;
b. The total number of days the surveillance technology was used;
c. The names of the external entities with whom surveillance data from the surveillance technology was shared;
d. The names of the external entities from whom surveillance data was acquired;
e. In the case of social media monitoring only, the number of days the surveillance technology was used to monitor internet activity, as well as the number of specifically targeted people who were monitored;
f. A summary of complaints or concerns that were received about the surveillance technology;
g. The results of any internal audits, any information about violations of the applicable Surveillance Technology Specification Reports, and any actions taken in response;
h. Total annual costs for the surveillance technology, including personnel and other ongoing costs, and the sources of funding for the technology in the next fiscal year; and
i. Any misuse of the technology during the reporting period.
(b) Included in the annual report required under Section 7-806 of the Charter, Duties of the Chief of Police, the Police Department must submit an Annual Surveillance Use Report for each specific surveillance technology procured at any time during the previous calendar year.
(1) The Annual Surveillance Use Report shall include the following information for the previous calendar year:
a. A brief overview of how the surveillance technology collected data;
b. The total number of days the surveillance technology was used;
c. The names of the external entities with whom surveillance data from the surveillance technology was shared;
d. The names of the external entities from whom surveillance data was acquired;
e. In the case of social media monitoring only, the number of specifically targeted identifiable groups and individuals who were monitored;
f. A summary of complaints or concerns that were received about the surveillance technology;
g. The results of any internal audits, any information about violations of the applicable Surveillance Technology Specification Reports, and any actions taken in response;
h. Total annual costs for the surveillance technology, including personnel and other ongoing costs, and the sources of funding for the technology in the next fiscal year; and
i. Any misuse of the technology during the reporting period.
(c) For purposes of this section, “external entities” shall not include persons acting in their individual capacities.
Codified by Ord. No. 2021-17 (JCC 5/11/2021, Passed 5/25/2021, Approved 6/1/2021, Published 6/14/2021, Effective 6/14/2021).
Not later than April 30th of each year, the City Council or its appointed designee, shall release an annual public report, in print and on the City website, containing the following information for the preceding calendar year:
(1) The number of requests for approval submitted to the City Council for the (i) funding, (ii) procurement, and (iii) new uses of surveillance technology;
(2) The number of times the City Council approved requests submitted for the (i) funding, (ii) procurement, and (iii) new uses of surveillance technology;
(3) The number of times the City Council rejected requests submitted for the (i) funding, (i) procurement, and (iii) new uses of surveillance technology; and
(4) All Annual Surveillance Use Reports issued within the previous year.
Codified by Ord. No. 2021-17 (JCC 5/11/2021, Passed 5/25/2021, Approved 6/1/2021, Published 6/14/2021, Effective 6/14/2021).
(a) A City department may temporarily acquire, or temporarily use, surveillance technology in exigent circumstances without following the provisions of this ordinance provided that the City department does all of the following:
(1) Use the surveillance technology to solely respond to the exigent circumstances;
(2) Cease using the surveillance technology within 30 calendar days, or when the exigent circumstances end, whichever is sooner, if an exigent circumstance lasts longer than 30 days, the City department shall request an extension of no more than 30 days from the City Council, and in the case of the Police Department, also the Board of Police commissioners, multiple extensions may be individually requested if exigent circumstances so require;
(3) Keep and maintain only data related to the exigent circumstances and dispose of any data that is not relevant to an ongoing investigation, unless its retention is:
a. Necessary to address the exigent circumstance.
b. Authorized by a court based on a finding of probable cause to believe the information constitutes evidence of a crime; or
c. Otherwise required by law;
(4) Not disclose to any third party any information acquired during exigent circumstances unless such disclosure is:
a. Authorized by a court based on a finding of probable cause to believe the information constitutes evidence of a crime; or
b. Otherwise required by law; and
(5) Within 45 days of the conclusion of the exigent circumstances submit a written report to the City Council identifying that acquisition and/or use. Any subsequent City Council questions regarding the exigent circumstances-use may be answered in a closed City Council session, if such a closed session is requested by the reporting department and set by resolution of the City Council;
(b) Any surveillance technology temporarily acquired in exigent circumstances shall be returned within seven days following the end of the exigent circumstances.
Codified by Ord. No. 2021-17 (JCC 5/11/2021, Passed 5/25/2021, Approved 6/1/2021, Published 6/14/2021, Effective 6/14/2021).
(a) It shall be unlawful for any City department to enter into any contract or agreement that conflicts with the provisions of this ordinance.
(1) Notwithstanding the prohibition in Subsection 17-5-458(a) of this section, the Police Department may enter into a contract or agreement containing a nondisclosure agreement if:
a. The Police department provides a copy of the proposed contract or agreement, and related non-disclosure agreement to the City Council;
b. The Police Department provides a written explanation to the City Council explaining why the use of a non-disclosure agreement is essential and in the public interest and why no alternatives to using the non-disclosure agreement are available or practicable; and
c. The City Council votes to allow the use of the non-disclosure agreement pursuant to 3/4 vote of City Council Members serving.
(2) Where, pursuant to Subsection 17-5-458(a)(1) of this section, the use of a non-disclosure agreement is approved, any public disclosures of information required by this ordinance shall not be required.
(b) It shall be unlawful for any City department to enter into any contract or agreement that facilitates the exchange of surveillance data in return for monetary or any other form of consideration, including the assessment of additional fees or surcharges on unpaid fines or debts.
Codified by Ord. No. 2021-17 (JCC 5/11/2021, Passed 5/25/2021, Approved 6/1/2021, Published 6/14/2021, Effective 6/14/2021).
(a) It shall be unlawful for any City Department to violate any provision of this ordinance, including but not limited to, funding, acquiring, or using a surveillance technology that has not been approved pursuant to this ordinance or utilizing a surveillance technology in a manner or for a purpose that has not been enumerated in a Surveillance Technology Specification Report that accompanied an approved surveillance technology procurement request submitted pursuant to Section 17-5-452 of this Code.
(b) City employees or agents shall not use any surveillance technology in a manner that is inconsistent with or exceeds the terms of the Surveillance Technology Specification Report that accompanied an approved surveillance technology procurement pursuant to Section 17-5-452 or Section 17-5-457 of this Code, and may in no circumstances utilize surveillance technology in a manner which is discriminatory, viewpoint-based, or violates the Charter, State Constitution, or United States Constitution.
(c) Any City employee or agent who violates this ordinance shall be subject to appropriate disciplinary measures.
(d) No City department or anyone acting on behalf of a City department may take or fail to take, or threaten to take or fail to take, a personnel action with respect to any employee or applicant for employment, including but not limited to discrimination with respect to compensation, terms, conditions, access to information, restrictions on due process rights, privileges of employment, or civil or criminal liability, because the employee or applicant was perceived to, about to, or assisted in, any lawful disclosure of information concerning the funding, acquisition, or use of a surveillance technology or surveillance data, to any relevant City department, City law enforcement, prosecutorial, or investigatory office, or City Council Member, based upon a good faith belief that the disclosure evidenced a violation of this ordinance.
Codified by Ord. No. 2021-17 (JCC 5/11/2021, Passed 5/25/2021, Approved 6/1/2021, Published 6/14/2021, Effective 6/14/2021).