RESOLUTION ESTABLISHING PUBLIC OVERSIGHT AND ACCOUNTABILITY STANDARDS FOR AUTOMATED LICENSE PLATE READER (ALPR) AND MASS SURVEILLANCE TECHNOLOGIES

Submitted by: Alderperson Katie Van Zeeland, District 5 & Alderperson Denise Fenton, District 6

Summary of the Resolution: This resolution ensures that Automated License Plate Reader (“ALPR”) technology and/or other automated mass surveillance/data collection tools using artificial intelligence for analysis  used by the Appleton Police Department is properly reviewed prior to the Common Council approving a trial/contract for such technology, will be subject to Appleton Police Department policy that governs its use in a manner consistent with the Constitutional rights of citizens and establishes a regular reporting schedule to the Common Council during the term of the contract.  

WHEREAS, modern surveillance technologies, including ALPRS, can collect large amounts of information about residents; and

WHEREAS, artificial intelligence (AI) and other data-analysis tools can quickly analyze large amounts of information and identify patterns in short periods of time; and

WHEREAS, while these technologies may assist law enforcement in protecting public safety, they must be used in a manner consistent with individual rights under the U.S. Constitution; and

WHEREAS, Alderpersons swear an oath to uphold the U.S. Constitution and the Constitution of Wisconsin; and

WHEREAS, concerns about government overreach with these tools and privacy affect all citizens regardless of background, status, or political affiliation; and

WHEREAS, technology often moves more quickly than expert analysis and action by state and federal legislators; and

WHEREAS, decisions about surveillance technology should include meaningful public input and oversight; and

WHEREAS, a necessary step toward the Common Council, permitting a trial of, or approving a contract for the use of ALPR technology by the Appleton Police Department is a full understanding of the technology, its application in law enforcement efforts and safeguards that will be in place to ensure the ALPR’s use will be consistent with APD policies as well as state and federal laws, especially those applicable to citizen’s civil rights.

NOW, THEREFORE, BE IT RESOLVED that prior to the Common Council approving a grant, trial/testing period, contract or the like for APD’s acquisition of an ALPR system, the Council shall be provided with a thorough report describing the technology, purpose, cost, types of data collected, data handling practices, and safeguards related to the system’s use and protection of individual civil rights.

BE IT FURTHER RESOLVED that in addition, the report shall include a copy of the APD policy that will govern APD’s use of the system and address how the proposed ALPR system is designed with features and functions such that it is consistent with APD policy including authorizations, limitations and safeguards governing system use within the policy.

BE IT FURTHER RESOLVED that the same terms shall apply to any new technologies involving automated mass surveillance/data collection and analysis using artificial intelligence that APD may seek to employ. 

BE IT FURTHER RESOLVED that during the term of the ALPR contract, APD must submit an annual report, individually or as part of their year-in-review to its committee of jurisdiction that includes examples of uses, aggregated data, summary of any policy breaches and dispositions, evidence of impact on City service delivery.

BE IT FURTHER RESOLVED that the requirements of this resolution are intended to remain strictly within the scope of the Common Council’s legislative authority understanding that operational control of the police department including policies, procedures and investigative priorities of the Chief of Police are subject to the oversight and jurisdiction of the Police and Fire Commission pursuant to Wis. Stat. Sec. 62.13.