HomeMy WebLinkAboutStaff Report 14168
City of Palo Alto (ID # 14168)
City Council Staff Report
Meeting Date: 4/4/2022
City of Palo Alto Page 1
Title: Receive the Police Department’s Annual Report and Discuss and Accept
the Staff Update on Radio Encryption as a Follow-up from the Policy and
Services Committee Recommendation on February 8, 2022
From: City Manager
Lead Department: Police
Recommended Motion
Staff recommends that the City Council receive the Police Department’s Annual Report and
discuss and accept the staff update on radio encryption (Attachment A) as a follow-up from the
Policy and Services Committee Recommendation on February 8, 2022.
Executive Summary
The Palo Alto Police Department (PAPD) typically shares accomplishments on an annual basis
through a published report which the department presents at a study session with the City
Council. This year’s 2021 Annual Report is similar in content as past updates. It also provides
information on radio encryption based on a follow-up request from the Policy and Services
Committee discussion on February 8, 2022 for City Council to be updated on this matter.
Background
The Department strives to provide a published annual report to the City Council and public as
done in 2018 and 2019. The 2019 report was published and presented in a Study Session on
February 24, 2020Since the shelter-in-place and subsequent changes to the Department, the
next report for the calendar year 2020 was presented as a staff report at the April 5, 2021 City
Council Meeting. This study session presented work done regarding police reform including:
• City Council and Ad Hoc Meetings to work in a public forum on police reform measures
including policy changes
• Message of inclusion and hope June 1, 2020
• Added a Race and Equity page on the City website
• Added an Accountability page on the Police Department website
• Live-streamed 3 educational videos on Zoom on PAPD’s Use of Force Policy, Laws of
Arrest and Search and Seizure, and Accountability in PAPD
• Listened and participated in online community roundtables and Q&A sessions on July 1,
2020 and July 29, 2020
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• Collaboration with Stanford’s Social Psychological Answers to Real-World Questions
(SPARQ) program.
This year’s annual report is similar to the last report which focuses on major department
updates and is not presented in the published format (like the 2019 report) due to COVID and
competing priorities.
As additional background, at the annual retreat on February 5, 2022, the City Council selected
“crime” as one of five city sub-categories of priorities under the “Community Health and
Safety” priority (the other sub-set priorities were mental health, air quality, noise, and sense of
belonging). Community members have expressed concern about a perceived rise in crime, with
a handful of high-profile incidents during 2021 focusing attention on Palo Alto and safety, which
will be addressed as part of the City Council’s annual workplan consideration scheduled for
April 4, 2022.
Discussion
The following report provides a summary of 2021 initiatives, statistical trends, and
accomplishments. It also provides a report on radio encryption as reviewed and recommended
by the Policy and Services Committee. The initial Committee direction was to hold a study
session to “discuss police radio encryption, and how best to allow the public and the media to
be rapidly informed for calls to service.”
The FY 2022 Adopted Operating Budget lists the most recent initiatives adopted by the
Department (beginning on PDF page 357) to include:
• Continued partnership with stakeholders on race and equity initiatives [Status: In
process]
• Purchase an updated Computer Aided Dispatch (CAD) system [Status: Pending - Council
action forthcoming]
• Implement Racial and Identity Profiling Act (RIPA) [Status: In process – data collection
has begun. First state RIPA Board report with Palo Alto data will be published April 2023]
• Implement the Psychiatric Emergency Response Team (PERT) [Status: Deployed]
• Focus on hiring critical positions including police officer and public safety dispatch
positions [Status: In process]
In 2021, the Department had a net 125.33 FTE full-time positions (149 FTE less 23.67 FTE frozen
positions). The net result was 80.0 FTE sworn positions, and a net 45.33 FTE non-sworn
positions, along with 1.08 hourly FTE’s that include a net 5 reserve police officers. The
Department is divided into three divisions: Field Services, including Patrol squads, Mental
Health Intervention and Patrol Community Service Officers; Technical Services, including
Communications/Dispatch Center and Records; and Investigative Services, including the
Detective Bureau, Evidence/Property staff, Animal Services, and Community Service Officer
Parking Enforcement. The Police Department typically responds to more than 50,000 calls for
service annually, though calls have been lower during the pandemic. The Department Dispatch
Center call volume is the fourth busiest in Santa Clara County (behind Santa Clara County, City
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of San Jose and City of Santa Clara). Call volume is driven by the multi-disciplinary nature of
Palo Alto’s dispatch center which supports Palo Alto police and fire, Stanford Campus, Palo Alto
Animal Services, and Palo Alto Utilities calls.
In summary, the Police Department was able to implement several important initiatives during
2021:
• Started the new Psychiatric Emergency Response Team (PERT)
• Implemented a records management system featuring electronic field reporting that
improves staff efficiency and allows for implementation of the Racial and Identity
Profiling Act (RIPA)
• Launched a new Police Calls for Service Interactive Map
• Continued focus on public communications and awareness including continuing
responsiveness to inquiries from media partners
• Unveiled a redesigned website that is easier to navigate and that contains updated,
refreshed information
• Collaborated with the Independent Police Auditor (IPA) to implement an expanded
scope of services.
Additional details on these efforts and more are listed below:
Crime Statistics
While crime trends tend to be cyclical, overall, Palo Alto continues to have a very low rate of
violent crime per capita (violent crime defined as homicides, rapes, robberies and assaults).
Most classifications of crime cases are the same as or less than previous years. It should be
noted that the ten-year trend has been increasing, consistent with national statistics.
The 24-hour dispatch center processed 137,642 total calls (which include all calls to police, fire,
EMS, public works, utilities, animal control, and others) in calendar year 2021. A total of 38,346
were emergency calls placed to 9-1-1 or the cell phone emergency line; 99.44% of the 9-1-1
calls were answered within 10 seconds. The following represents calendar year activity (not
fiscal year).
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Notable Incidents in 2021
To review public safety incidents in 2021, visit the Police Department’s website and read the
news releases at www.cityofpaloalto.org/PAPDnews.
Here are some highlights of the effective work that Police Department personnel performed in
2021:
• Attempted murder arrest. Officers arrested a suspect who randomly attacked a juvenile
female victim on a downtown Palo Alto street, stabbing her with a knife.
• Organized retail crime arrests. Officers arrested two suspects immediately following a
late-night commercial burglary attempt in downtown Palo Alto, where a group of 30 to
40 suspects in 20 cars arrived to commit the crime but were deterred by a prompt call
from a security guard and a quick response by officers.
• Arrest for shooting BB gun onto a school campus. Officers arrested a man who shot an
elementary-school age child who was playing at recess with a BB gun fired from his own
backyard.
• Armed juvenile suspect arrested after robbery. Officers arrested a juvenile suspect and
recovered a loaded firearm and drugs on him after he threatened and robbed a man
who was walking his dog.
• Armed robbery suspect arrested. Officers worked collaboratively with other law
enforcement agencies to charge the suspect who committed an armed robbery at
Baskin Robbins within two days of the crime, after he had committed other robberies in
other cities.
• Sexual assault suspect arrested. Officers arrested a suspect in a violent sexual assault
that occurred in a downtown parking lot.
• Robbery suspect arrested. Officer arrested a suspect after he beat and robbed an elderly
man at the downtown train station.
• Hate crime arrests. Officers made unrelated arrests in two separate violent attacks on
random victims that were apparently motivated by hate. Refer to news releases about
those arrests here and here.
Managing Current Budget and Staff Limitations
The FY 2022 Adopted Operating Budget lists details adopted by City Council (beginning on PDF
page 357).
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Since the reduction of positions (net 25.89 FTE) within the Police Department, initiated in FY
2021, City Council has restored, restarted or provided temporary resources for the Department
to continue to focus on its main priorities focused on public safety and notably at the February
7, 2022 City Council meeting, the City Council approved the Department to “hire-ahead” five (5)
police officer candidates in anticipation of attrition.
Police and Diversity
The Department and City Management recognize the topic of Police and Diversity is important;
the following work underway is just a sampling of the work underway at this time:
• The Independent Police Auditor (IPA), OIR Group, will conduct a performance review of
the Police hiring practices and report back to the City Council
• The Department will work with the City Manager’s Office to engage an outside
contractor to process RIPA data and report an analysis of the data to the City Council
• Staff continues to work on the demographic data dashboard which includes information
on the racial and gender identities of all staff citywide including the Police Department
The Department has been actively recruiting for a broad applicant pool and continues to have
success hiring staff with diverse backgrounds. Currently, as one form of highlighting the diverse
backgrounds, the Department has 32 police staff who are cumulatively bilingual in 11 languages
beyond English (Spanish, German, Korean, Russian, Mandarin, Urdu, Tagalog, Portuguese,
Cantonese, Vietnamese, and Farsi). This is just one way the Department can better engage with
the community.
Lastly, the City Manager, in the listening sessions on recruiting for the next Chief of Police, has
heard many members of the community shared an interest in the new Police Chief keeping
these topics of diversity, equity, and inclusion as a priority in the operations of the Department.
Independent Police Auditor (IPA) Revised Scope of Work
The IPA is an independent, third-party contractor who conducts secondary reviews of the
Department’s investigations regarding police contacts, complaints and personnel. Historically,
the IPA has reviewed three categories of Police Department investigations: (a) complaints from
members of the public, (b) Department-initiated internal affairs investigations, and (c) all TASER
deployments, regardless of whether a complaint was filed. At City Council’s direction the IPA’s
scope of services was expanded in 2021 and now includes reviews of all of the following uses of
force reports: where a baton, chemical agent, TASER, less-lethal projectile, canine, or firearm is
used, and all cases where the subject’s injuries necessitate any treatment beyond minor
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medical treatment in the field. The expanded scope of services also now includes review of
internal complaints against sworn officers regarding misconduct related to harassment,
discrimination, or retaliation. In addition, the IPA now attends and confers with City Council two
times per year, following publication of the IPA’s report. The IPA can perform one audit of
process each year – the most recent being an audit of police hiring practices.
State law requires all police agencies to receive and investigate complaints made by the public
against police officers. However, having independent review of police investigations is a choice
made by the City of Palo Alto in 2006 and is not required by law. While large agencies like the
City of San Jose work with an independent police auditor, it is rare for smaller cities to retain a
police auditor or contract for services. The IPA reviews police investigations for objectivity,
thoroughness, and appropriateness of disposition, and can also make recommendations to the
Police Chief regarding further investigation, processes, and dispositions. At the conclusion of
the review, the IPA shares a public report with the City Council. As required by state law, the
reports do not name or identify uniformed officers. It should be noted, members of the public
have considerable discretion under the Brown Act when speaking in public comment and may
name individual officers or speculate about particular Department personnel, however,
members of the public should understand the IPA, City staff and Council Members, and Boards
and Commission members cannot respond to requests from the public for information about
individual officers in accordance with state law.
All reports dating back to the inception of the IPA in 2006 are viewable on the Police
Department’s website.
Police Use of Force Annual Report
The City joined jurisdictions across the country in re-evaluating its approach to police
accountability in the aftermath of the George Floyd murder and subsequent movement for
change. As part of that, the City now publishes an annual report on uses of force (UOF) in
conjunction with the February Independent Police Auditor (IPA) report. In the annual UOF report
released by the Police Department on February 14, 2022 (page 299), there are details on the
types of physical force used since the last update. From November 16, 2020, until the end of
2021, PAPD officers used force requiring a “Supervisor’s Report on Use of Force” a total of 16
times. During this same period, Palo Alto Police Officers responded to 42,405 calls for service;
this equates to officers using force on 0.03 percent of dispatched calls. See the full December
2020-December 2021 UOF report released by the Police Department here.
Launch of Psychiatric Emergency Response Team & Other Mental Health Intervention Options
In November 2021, in conjunction with the Santa Clara County Behavioral Health Services
Department, the Police Department launched a Psychiatric Emergency Response Team (PERT).
PERT consists of a police officer partnered with a license mental health clinician, combining the
unique resources available from each profession to provide the highest possible level of service
to someone in mental health crisis before the situation worsens or requires hospitalization.
PERT is tasked with responding to calls for service involving people in acute mental health crisis
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and getting them the help they need in the most comprehensive and compassionate way
possible. PERT is an important element in furthering the City’s Race and Equity priorities by
reinforcing Palo Alto’s commitment to supplementing law enforcement response options.
Palo Alto is the second law enforcement agency and first city in the County to launch a PERT
team; earlier in 2021, the Santa Clara County Sheriff’s Office became the first and is currently
fielding two PERT teams. Future teams are planned in other cities and Palo Alto will have to
wait for access to a second County clinician.
PERT also serves as the Police Department’s regular main point of contact for long-term and
ongoing concerns with the City’s unhoused population. PERT also conducts follow-up visits on
past clients as necessary and accepts referrals from other Police Department employees who
encounter someone who may benefit from the services of the team. PERT self-responds to
appropriate calls throughout their shift and can also be summoned by a police supervisor to any
scene where their expertise would be of benefit. The team operates in an unmarked police car,
with the assigned officer wearing a plainclothes-style uniform to be distinct from a regular
patrol officer.
In the first full four months of the team’s operation, the team handled 99 calls for service,
conducted 68 follow-up visits on past clients, offered resources to 87 additional people, placed
20 people on involuntary psychiatric evaluations, facilitated 6 voluntary psychiatric evaluations,
and diverted 22 people from what likely would have been psychiatric hospitalizations. The team
has not had to make a single criminal arrest, and has not used any form of force at any time.
The Police Department and the Santa Clara County Behavioral Health Services Department will
be conducting robust analysis of all PERT statistics as the team’s operation continues.
The City successfully advocated to be included in Santa Clara County’s new Community Mobile
Response Program — known as the Trusted Response Urgent Support Team (TRUST) — which is
a non-law enforcement response resource for lower-level mental health crises. The program
seeks to de-escalate crisis situations and divert individuals away from hospital emergency rooms
or jail, and toward alternative means such as counseling, a sobering center, a respite program or
mediation through a crisis stabilization unit. This program continues to be developed by the
County. Palo Alto staff stays in contact with the County staff about the implementation. In
addition to the PERT program and the TRUST program, the County is also adding an additional
Mobile Crisis Response Team (MCRT) in north county. New staffing, expected to start this
summer, will serve north county and west foothill areas, which include Los Gatos, Monte
Sereno, Palo Alto, Los Altos, Los Altos Hills, Mountain View, Cupertino, Saratoga and portions of
San Jose.
Launch of New Records Management System and Data Collection
In December 2021, the Department launched an updated internal records management system
(RMS). This robust system allows personnel to complete their reports electronically, reducing
paper waste and increasing staff efficiency. Officers are now able to complete their reports
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digitally, in their patrol cars or the police station, and submit them to supervisors electronically
for review and to our Records Unit for data entry. This replaces the previous paper-based
process. The launch of this new system was a major endeavor requiring multiple days of
training for all staff, and promises to provide benefits for years to come. The RMS database also
provides an interface for officers to comply with the provisions of RIPA.
RMS was designed to comply with the Racial and Identity Profiling Act (RIPA) – AB953. This state
law requires state law enforcement agencies to collect and report on 16 different data
elements on every police contact (including perceived race) and the reason for the contact.
Since January 2022, the data is collected and reported to California Department of Justice (DOJ)
at the end of every shift per policy. Annually, the data is compiled by a separate board, the RIPA
Board, and reported to the public. Agencies the size of PAPD will be added to the report
published in or around April of 2023. Palo Alto data will be reported with all law enforcement
agencies in the state so the Department plans to provide City Council with a summary report of
Palo Alto specific data. By the end of January 2022, PAPD had submitted approximately 353 stop
data records. This is a very important step in helping the City of Palo Alto to collect accurate
racial identity data for Police contacts with members of the public.
Option for Public to File Police Reports Online Continues for First Full Year
In December 2020, the Police Department launched a new online reporting tool, giving the
public the ability to file their own online police reports for a wide array of minor crimes and
non-injury traffic collisions. The tool has been extremely well-received by the public and has
been widely used during 2021: the system received 1,340 reports filed online, increasing
convenience for the public and saving approximately 2,010 hours of officer time. This creates
efficiencies for officers and Community Service Officers to respond to more urgent calls for
service. For access to the online reporting tool, visit www.cityofpaloalto.org/onlinereports.
Launch of Police Calls-for-Service Interactive Map
The Department launched a new online interactive map, providing a near real-time snapshot of
the types and locations of calls for service to which Palo Alto police officers have responded
over the past 24 hours. The map offers enhanced community awareness on police calls for
service while protecting personal identifying information and was developed as an alternative
after the California Department of Justice required encryption of police radio transmissions
containing personally identifiable information and protected criminal justice information (See
Attachment A for further information).
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The Police Calls for Service Interactive Map, available for viewing now at
www.cityofpaloalto.org/PAPDmap, draws data directly from the Department’s Computer-Aided
Dispatch (CAD) system. It shows the general locations of calls for service from the community,
and displays the time the call was received, the call type, and a subtype if applicable. The calls
are displayed once the incident is closed to provide the most accurate information and remain
visible for 24 hours. The vast majority of the Department’s calls for service are closed within an
hour. The exact geographic location of the call is not provided to ensure the confidentiality of
possible crime victims.
The new interactive map was a concept discussed last year and since that time, City staff have
been developing the online prototype. The pilot platform offers a new online look at calls for
service that builds on the Police Department’s key priorities including increasing public
information, building community awareness and furthering the community’s understanding
about public safety services in Palo Alto.
While several municipal police departments in the Bay Area provide some level of police call
data online, the Palo Alto Police Calls for Service Interactive Map offers more call details at near
real-time than these other online platforms.
Continued Handling of Media Inquiries While Managing Constrained Resources
The Department conducted an internal review of its responsiveness to media inquiries. After
monitoring the process and activity for several months, the examination revealed that for the
vast majority of media inquiries, reporters receive a response the same day, often within 90
minutes. By way of recent example, in February 2022, the Police Department received 33
separate inquiries from the media. Over 90% of those (30) received a response from a Public
Information Officer the same day; for the remaining three, the inquiries received a response
the following day. The longest response time to any inquiry in February was about 18 hours.
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One-third, or 33% (11 of 33), of the total inquires received a response within 30 minutes, and
64% (21 of 33) received a response within 90 minutes. In 82% of the inquiries (27 of 33), the
Public Information Officer sent a response via e-mail to the reporter; in the remaining 18% of
the inquiries (6 of 33), they called the reporter on the phone.
The Police Department offers an online Media Request Form or Public Information Portal that
includes the Police Report Log - published every weekday. Local press organizations are aware
they have access to designated police personnel who can respond to press inquiries every day
of the week, as outlined by Chief Jonsen in a May 21, 2021 post:
“…three things occurred to cause us to transition to a new temporary operating procedure for
handling media inquiries: the elimination of the Public Affairs Manager position; a renewed
commitment to have our sergeants in the field actively supervising our field personnel (not in
the police station, reviewing reports to distill the legally-releasable information); and a necessity
to have our officers in the field responding to calls and conducting patrols due to reduced
staffing levels. As a result, we re-assigned public information duties to our two patrol Watch
Commanders, police lieutenants who have command responsibility over our patrol division.
New Expedited Web Form Process Deployed
We appreciate the media’s flexibility in using a web form to submit their initial request. This
helps us immediately route the information to those charged with responding, so they can
research the inquiry and respond to the reporter. Our Watch Commanders strive to answer the
inquiry as soon as they can, and the responses most often occur within 24 hours (and frequently
within a handful of hours). This is the same timing as before our staffing reductions.
Of course, responses are quicker on a police incident where there is a danger to public safety, or
on a case where we have proactively distributed a news release. The web form allows us to keep
track of the inquiries to ensure they are handled properly and in a timely way. Reporters who
have follow-up questions are welcome to continue the conversation with the Watch Commander
who responds to their inquiry, to ensure that all of their questions are appropriately addressed,
and they have the information they need to complete their story.”
Sharing Critical Alerts with the Community
Implemented Department of Justice Requirements Related to Personally Identifiable
Information (PII)
Staff is prepared to discuss aspects of radio encryption with the City Council on April 4, 2022
including ways that the Department ensure the public and media have real time information
about the Department’s calls for service. Attachment A provides more details about this topic
for City Council discussion and consideration.
In summary, in early 2021, the Palo Alto Police Department encrypted its radio transmissions to
comply with a mandate from the California Department of Justice that requires all California law
enforcement agencies to protect personally identifiable information. The Palo Alto Police
Department was not the first law enforcement agency in Santa Clara County to comply with this
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state mandate, and since that time, every law enforcement agency in Santa Clara County is
using encryption.
The California Department of Justice mandate is designed to protect the privacy of the people
with whom law enforcement officers may come into contact. Personally identifiable
information includes such things like names, driver license numbers, and social security
numbers. The DOJ policy also mandates protection for Criminal Justice Information, which is
confidential information contained in federal and state criminal justice databases. When
broadcast on an open and unencrypted radio frequency, PII and CJI can be accessed and used
for any purpose by anyone using a commercially-available radio scanner. Using an encrypted
radio frequency to broadcast this information safeguards that information. The Department of
Justice bulletin describing these mandates, can be viewed here.
As noted earlier, the Police Department continues to respond to press inquiries for public
information; produce a police report log every business day; distribute news releases; post
information on the City’s website like crime statistics, monthly activity reports, Policy Manual;
and, manage many social media platforms to ensure the public is aware of police activities and
ways to stay safe.
Popular Web Links in 2021
2022 Operating Budget
2021 City Council Study Session on PAPD
Police Public Information Portal including News Releases
Psychiatric Emergency Response Team (PERT)
Hate Crimes and Incidents
Police Accountability
PAPD Policy Manual
PAPD Contacts
2019 PAPD Annual Report
Resource Impact
The Department used over 100 hours of staff time to create this report and accompanying
attachments. No other resources are being requested at this time.
Stakeholder Engagement
For Attachment A, staff communicated with the California Department of Justice, SVRIA,
regional and statewide agencies, Palo Alto Police Officers Association, State Senator Becker’s
office, and the City Attorney’s Office while receiving feedback from community and media
partners.
Environmental Review
The recommended action is not considered a Project as defined by the California Environmental
Quality Act.
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Attachments
Along with the PAPD Annual Report, the Department is taking this opportunity to discuss Radio
Encryption. Attachments A and B provide context for that conversation.
Attachments:
• Attachment16.a: Attachment A: Background on Palo Alto Police Radio Encryption
• Attachment16.b: Attachment B: DOJ CJIS Notification
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Attachment A
Report on Radio Encryption
Attachment A - 1
Executive Summary
The following report provides details to the encryption of Palo Alto Police Department’s radios
and the complexity on this topic. Department discussions with DOJ confirmed that agencies
that had the technical capability and infrastructure in place to transmit Personally Identifying
Information (PII) and Criminal Justice Information (CJI) radio transmissions over encrypted
channels must do so, to protect confidential information. In response to the DOJ mandate
released in October 2020 (Attachment B), and, along with the Silicon Valley Regional
Interoperability Authority partners (all police agencies in Santa Clara County), the City updated
the law enforcement radio channel to an encrypted frequency to conduct law enforcement
operations in January 2021.
Based on the continued conversations with local law enforcement agencies, regional partners
and the State DOJ, it is staff’s conclusion that there are no other feasible options available at
this time to implement “unencrypted” radio transmissions. It should be noted that this issue is
fluid and even as early as last week, state lawmakers have introduced legislation that could
change the legal requirements on this issue. At this time, however, to help inform the City
Council on this complex issue, staff does not recommend changes to the operational decision to
encrypt radios, as there are other options to providing public information in near-real time.
In addition, the potential impacts of not abiding by the State mandate include:
• Risk losing law enforcement database (California Law Enforcement Telecommunications
System, or CLETS) access, which is the database all law enforcement agencies use to
support investigations and ensure the safety of local communities
• Risk of jeopardizing the City’s regional partnership with Mountain View and Los Altos
(who share the Records Management System with Palo Alto)
• Financial risk of having to move to the City’s own radio network outside the Silicon
Valley Regional Interoperability Authority, which all Santa Clara County law enforcement
agencies participate in
• Staffing impacts and risks associated with operational and financial efficiencies lost by
reverting back to unencrypted radio channel, affecting 9-1-1 dispatchers and police
officers
Background
The Policy and Services Committee (P&S) met on February 8, 2022 to receive an update on Race
and Equity work since September 2021 and the Committee discussed staff’s update. An
outcome of that meeting included four recommendations to City Council from the Committee
and one of them was item D: Request the City Manager and Mayor schedule a study session to
discuss police radio encryption, and how best to allow the public and the media to be rapidly
informed for calls to service.
The item before the City Council on April 4, 2022 regular City Council meeting is the Police
Department’s annual report with an update on encryption and the City Manager set the
discussion as an action item to enable the City Council to take action should it wish to do so.
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Attachment A
Report on Radio Encryption
Attachment A - 2
The table below summarizes the timeline for the State and the City of Palo Alto related to Police
Radio encryption. This is useful context for the additional information about encryption included
within this attachment.
Encryption Timeline
Date Action
June 2018 Palo Alto moved from analog radio to a P25 digital radio system
October 2020 The CA Department of Justice (DOJ) sent notice to all law enforcemnt
agencies re: data confidentiality. DOJ instructed agencies to submit
implementation plan
December 2020 Palo Alto responded to DOJ notice as required
January 2021 SVRIA agencies (including PA) began encrypting police radios
January 2021 Staff began work on alternatives to police radio encryption
March 2021 Palo Alto sent DOJ a request for permission to temporarily reverse
encryption of police channels
July 2021 DOJ responded via letter to Palo Alto – request denied
February 2022 New Calls for Service Interactive Map went live
March 2022 Staff met with Senator Becker staff to discuss Becker’s proposed
legislation (Senate Bill 1000) on police radio encryption
Further Information on Encryption
The following information provides details on radio encryption to assist the City Council
discussion on this topic.
Introduction
The California Department of Justice (DOJ), the primary law enforcement agency in the state, is
directed by the State Attorney General (AG) who receives their authority from Constitution of
California, Article V, Section 13. On October 12, 2020, the agency sent notice (Attachment B) to
all law enforcement agencies that access the California Law Enforcement Telecommunications
Systems (CLETS – defined later) instructing that agencies “must adhere to the requirements
detailed in the CLETS Policies, Practices and Procedures (PPP), and in the Federal Bureau of
Investigation (FBI) Criminal Justice Information Services (CJIS) Security Policy to ensure the
confidentiality and integrity of the data therein.”
Further, the bulletin instructed agencies to prevent access to sensitive information by
unauthorized persons including discontinuing the practice of broadcasting certain personal
information over publicly accessible channels. Per the notice, “Personal Identifying Information
(PII) is information that can be used to distinguish or trace an individual’s identity, such as an
individual’s first name, or first initial, and last name in combination with any one or more
specific data elements…such as Social Security number, passport number, military identification
number and other unique ID numbers issued on a government document.”
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Attachment A
Report on Radio Encryption
Attachment A - 3
The bulletin refers to established State of California rules and policy about unauthorized access
to personal information through the database directly stating:
1.6.4 Confidentiality of Information from the CLETS
Only authorized law enforcement, criminal justice personnel or their lawfully authorized
designees may use a CLETS terminal or have access to information derived from CLETS. Any
information from the CLETS is confidential and for official use only. Access is defined as the
ability to hear or view any information provided through the CLETS.
It is required that each employee/volunteer/private contractor sign an Employee/Volunteer
Statement form…prior to operating or having access to CLETS terminals, equipment or
information. This form addresses confidentiality, release and misuse of information from the
CLETS.
A. Information from the CLETS is on a “right-to-know” and “need-to-know” basis.
B. Authorized personnel shall not inquire into their own record or have someone inquire for
them.
C. Accessing and/or releasing information from the CLETS for non-law enforcement
purposes is prohibited, unless otherwise mandated, and is subject to administrative
action and/or criminal prosecution.
D. Pursuant to the PPP § 1.10.1D, all investigations of misuse must be reported to the CA
DOJ on the CLETS Misuse Investigation Reporting form…including investigations where
misuse was not found.
The DOJ notice stated that compliance is additive to the requirements of the FBI CJIS security
policies. The notice states the policies can be met by either broadcasting PII and CJI information
over encrypted radio channels or for agencies to establish policies that restrict the
dissemination of PII and CJI information over the radio “if unable to implement the required
technology.” Department discussions with DOJ confirmed that agencies that had the technical
capability and infrastructure in place to transmit PII and CJI radio transmissions over encrypted
channels must do so, to protect confidential information. Agencies that did not have a radio
system in place that could be encrypted were being given the option of temporary policy
modifications to comply with the mandate, as confirmed by a transcript of the AG’s committee
that oversees the CLETS system.
Regional Partnerships and Radio Encryption
Additionally, the Department is a member of the Silicon Valley Regional Interoperability
Authority (SVRIA), which provides access to the regional radio network titled Silicon Valley
Regional Communication System (SVRCS). In June 2018, the Department moved the City radio
operations from an analog radio system to a P25 digital radio system in accordance with Council
action. Digital systems such as SVRCS have a number of advantages over analog systems
including inter-agency communication, stability, operator identification and encryption – all
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Attachment A
Report on Radio Encryption
Attachment A - 4
initiatives that came out of the 9/11 disaster. Not all agencies in the state have converted to
digital, but all agencies in Santa Clara County have converted to digital. In response to the DOJ
mandate the City updated the law enforcement radio channel to an encrypted frequency to
conduct law enforcement operations in January 2021.
Staff Efficiencies Related to Radio Encryption
Two-way radio systems are used to communicate with dispatchers or other police officers
efficiently and safely while doing work with their hands or allowing their hands to be free to
respond to an immediate threat. Other means to communicate exist, such as cell-phone or in-
car computers, but these methods do not always provide a safe opportunity to be used in
police work.
In circumstances where an officer is required to manipulate a device not attached to their body
or go inside their police vehicle to use the computer, it can take the officer’s attention away
from a subject and also require the dispatcher to have to answer another phone call (increasing
the call volume into the communications center). Both issues are mitigated by the use of a
radio and significantly reduce the officer safety concerns associated with using a phone or in-
car computer. Radios not only require minimal hand manipulation, but also allow for a police
officer to keep their eyes on their work or on a subject so that they can remain focused on
sensitive or dangerous work or imminent threats while communicating and problem solving.
Further Communications with DOJ
On March 8, 2021, as a result of stakeholder feedback, the Department sent a letter to DOJ
requesting permission to revert law enforcement radio operations back to an unencrypted
channel through the end of 2021, to allow for time to explore alternative options. (Attachment
B). On July 2, 2021, DOJ Chief Joe Dominic responded to the request in writing informing the
Department it cannot revert to the previous practice of broadcasting PII over a publicly
accessible radio channel (Attachment B). Further, Department communications with DOJ
confirmed that willfully disregarding the CJIS policies could result in the Chief of Police being
called before the CLETS Advisory Committee, the AG’s committee overseeing CLETS. CLETS is
the state administered computer network that gives authorized agencies access to multiple
state and federal databases containing information on criminal records, criminal justice status
(persons or vehicles with warrants), missing persons, protective orders, restraining orders,
driver’s license and vehicle/vessel information, stolen property, stolen vehicles, firearms
registration, and other restricted databases. DOJ stated, depending on the Chief’s testimony
and other evidence, the CLETS Advisory Committee could recommend that the Attorney
General deny Palo Alto access to CLETS. To add another layer of complexity, Palo Alto derives
its CLETS access through the City of Mountain View, for now, but possibly through Santa Clara
County in the future, subject to agreement. Police departments must enter and retrieve
information in CLETS to conduct daily operations. There is no other alternative to this system
(besides not having the information). After discussing the risks to the City related to this issue,
staff has complied with the DOJ notice.
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Attachment A
Report on Radio Encryption
Attachment A - 5
Review of other law enforcement agencies response to DOJ
The San Francisco Police Department, in December 2021, transitioned all law enforcement radio
communication to a digital radio network using fully encrypted channels. Staff understands that prior to
their decision to encrypt, the department examined alternatives that placed additional responsibilities
on dispatchers; this was ultimately not pursued. The California Highway Patrol (CHP) law enforcement
operations are operating on a VHF low band analog radio system that is not capable of encryption. CHP
has modified its radio transmission policies to comply with the Department of Justice policies and
procedures to the extent possible with the technological constraints of its analog radio system. This
option is not available to the City of Palo Alto. In March 2021, the Palo Alto Police Department asked the
Department of Justice to allow the department to move law enforcement radio communications back to
an unencrypted channel and DOJ denied the request. Staff has invited DOJ and CHP representatives to
participate in the Council’s discussion of this matter, and will advise if representatives will attend.
Staff Work on Alternative Methods: New Beta Interactive Map Released & Other Methods for
Real-time Calls for Service Information
After complying with the DOJ notice, Police Department staff looked into alternative methods
for providing the public greater awareness and visibility on police activity (real-time calls-for-
service information or CFS) besides over the radio frequencies. The Department’s actions
included engaging technology companies and making inquiries to other law enforcement
agencies. A technology company providing a platform for fire department CFS was unwilling to
pursue staff’s request to do the same for law enforcement. Department staff also contacted
multiple law enforcement agencies throughout the state to inquire how they were complying
with the DOJ mandate. This outreach included agencies using digital, encrypted radio channels
and low-band unencrypted radio channels. The Department also utilized a statewide law
enforcement discussion board to inquire how other law enforcement agencies were providing
visibility on police activity in light of DOJ’s directive. Sustainable solutions were not identified.
Along with this track of activity, City staff was exploring the possibility of making a custom
solution.
To meet stakeholders’ desire to receive more information about the calls-for-service (CFS) the
police respond to in real-time, the City moved forward with a portal to display CFS on an
interactive map. CFS, for police, include all requests for police assistance from the public based
on the reporting party’s initial need or concern, regardless of final disposition or categorization
of the CFS (example: initial CFS could be a residential intruder alarm notification but the police
investigation revealed it was a false alarm). The development of this interactive display was a
months-long collaboration involving the Police Department, City Manager’s Office, City
Attorney, Information Technology Department, Human Resources Department, and the Palo
Alto Police Officers Association. The creation of the platform was completed by City IT staff,
working within the limitations of the City’s antiquated Computer Aided Dispatch (CAD)
system. (Note: CAD modernization is an upcoming item for City Council to consider soon). The
parameters of the interactive map adapted to community member privacy concerns as well as
police officer-safety concerns. The result of this process was a display map that gives near real-
time information on police response to CFS with consideration for PII/CJI privacy requirements
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Attachment A
Report on Radio Encryption
Attachment A - 6
and officer safety concerns. Few law enforcement agencies display this type of information in
real-time, often opting to share information in a “press log,” often 24-48 hours after the CFS.
Other Discussions Ongoing
Further, City staff, including Police staff, met with a representative of State Senator Josh
Becker’s office to discuss radio encryption and provide input on potential legislation that would
address making radio communications accessible to the public. Senate Bill (SB) 1000 is Senator
Becker’s recently-introduced bill on public access to police radio transmissions. Staff is
reviewing the bill. In the coming weeks, the Legislative Analyst will prepare an analysis of the
bill and its impacts, and stakeholder comments will be received.
As noted, the subject of encryption throughout California is still fluid. The City of Palo Alto, and
particularly the Police Department, is committed to protecting the privacy of all those the
Department interacts with including suspects, drivers, passengers, witnesses, and victims while
staying up to date on methods for informing media partners and the public in real-time.
Specific Questions Answered
What information is broadcast on a police radio channel?
Public Safety Answering Points (PSAPs) are another name for dispatch centers. PSAP’s receive
their authority to operate and policies from the State. The City of Palo Alto PSAP serves
emergency and non-emergency requests for service (CFS) for Palo Alto Police, Palo Alto Fire,
Palo Alto Public Works and Utilities, Stanford DPS Police, and Animal Control and serves as a
back-up PSAP to Mountain View and Los Altos.
For emergencies requiring a police response, the Dispatcher receives requests for service
through a number of methods including email, text, voice (landline and cellular), and radio. For
phone requests, which comprise of an estimated 95% of service requests, the Dispatcher listens
to caller information, enters the initial service request into the Computer Aided Dispatch (CAD)
database. For emergencies or other public safety needs, police and/or fire operators are
dispatched. “Dispatched,” in the case of police CFS, refers to transmitting the call-for-service
over the police radio channel to assigned police units. The information broadcast gives the
exact location of the request (if possible), the reported circumstances of the event, possible
officer safety concerns, and specific call information, such as subject descriptions, victim
actions/injures, and other important information the officer needs to respond to the call. The
CAD database sends some of this information to the responding officer’s in-car computer.
During in-progress calls (calls that have a higher sense of urgency), updated information
continues to be broadcast to responding officers. Further, officers communicate with
Dispatchers and other officers, including other agencies, using the radio. At any time during
dispatched calls, when time is of the essence, PII/CJI information of involved parties may be
broadcast when known or relevant including criminal record information even before an officer
arrives on the scene and contacts an involved person. In FY 2021, Palo Alto had approximately
12,000 of such “in-progress” calls-for-service – 32/day.
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Attachment A
Report on Radio Encryption
Attachment A - 7
Once at the scene of the request, field officers will ask Dispatchers, via the radio, to provide
information relevant to the incident including personal information related to detainees,
suspects, victims, injured parties, witnesses or their property and vehicles and their drivers.
Dispatchers and officers will communicate back and forth during the duration of the call. Other
officers, while not directly in the conversation, can hear the exchange of information and
provide assistance as needed – something not achievable via telephone or SMS text. Because of
the rapidly unfolding, unpredictable and dangerous nature of police work, once an officer is
away from their vehicle and engaged with a subject(s), their ability to obtain critical
information, including PII/CJI, is most safely done via the radio. Other means of receiving this
information can put the officer and the public at risk.
The tactical positioning of officers is also arranged and broadcast over the police radio. Field
supervisors direct officers to certain locations as necessary for the emergency. Other tactical
information, such as type and manner of response, the creation of tactical response teams, and
direction on weapon deployment may also be coordinated over the police radio. There may be
times when it is in the publics best interest not to have this information broadcasted, such as
during active shooter calls or crimes involving a criminal with more sophistication.
What was the effect of encryption?
Before January 5, 2021, Palo Alto’s law enforcement communication channels were available
for the public to listen to, through personally-owned radios or radio frequency scanners. By
complying with the DOJ CJIS mandate of only authorized persons being able to listen to
personal information transmissions, the public and media were no longer able to hear Palo Alto
Police radio transmissions. The mandate resulted in the protection of community members’
PII/CJI, medical/injury information (HIPAA), and sensitive CFS information. Media outlets and
community members who wish to monitor police activity have been impacted by not having
police radio transmissions open for monitoring. However, earlier this year, the City has
launched a beta system sharing near-term details on calls for service online. Staff continue to
make adjustments to the system to support additional public information about calls for
service.
How can the media stay informed on real time incidents?
Local media stakeholders communicated they rely on the scanner radio traffic to monitor police
activity and respond to crime scenes to gather information for reporting on events. While the
interactive CFS map display is one way the police department has provided the media with
information about police activity, the department also provides additional sources of
information including press releases, social media (including Nixle), and the daily PAPD Police
log. AlertSCC is another method of receiving real-time information. The department respects
and takes seriously the public’s desire to be informed about daily police operations and strives
to provide information in manner that is timely and reaches the biggest audience.
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Attachment A
Report on Radio Encryption
Attachment A - 8
The Police Department has been examining its responsiveness to media inquiries for several
months now. That examination reveals that for the vast majority of media inquiries, reporters
receive a response the same day, often within 90 minutes. This is actually an improved
response time over the way media inquiries were handled with the Public Affairs Manager and
on-duty field personnel.
By way of recent example, in February 2022, the Police Department received 33 separate
inquiries from the media. 91% of those (30) received a response from a Public Information
Officer the same day; for the remaining three, the inquiries received a response the following
day. The longest response time to any inquiry in February was about 18 hours. 33% (11 of 33) of
the total inquires received a response within 30 minutes, and 64% (21 of 33) received a
response within 90 minutes. In 82% of the inquiries (27 of 33), the Public Information Officer
sent a response via e-mail to the reporter; in the remaining 18% of the inquiries (6 of 33), they
called the reporter on the phone.
Based on all the information provided within this report, staff does not recommend any
changes to the Palo Alto police radio encryption. Alternatives that could be considered further,
but that do not appear actionable at this time, include:
-Adding dispatcher personnel dedicated to the handling of PII communications or
alternatively to broadcasting filtered reports of ongoing calls for service. At this time,
the City of Palo Alto is challenged to fill and maintain dispatch staffing at authorized
levels. Staff does not believe that the addition of positions to specifically address radio
encryption would be a viable option given operational and financial constraints.
-City support of SB 1000. As this legislation was just recently introduced, staff
recommends deferral of a City position until the state’s Legislative Analyst publishes its
evaluation. At this time, it is not clear what additional tools may be provided by state
legislation to address the requirements established by DOJ for CLETS access.
-Restoration of non-sworn personnel to handle media inquiries could be considered. As
described in this report, the Police Department has been able to establish a high level of
responsiveness to media requests. The addition of non-sworn personnel in other
functions such as responding to public requests for records would be recommended as a
higher budgetary priority.
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10/12/2020Letter Attachment
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POLICE DEPARTMENT
275 Forest Avenue
Palo Alto, CA 94301
650.329.2406
CITY OF PALO ALTO | 250 HAMILTON AVENUE, PALO ALTO, CA. 94301 | 650‐329‐2100
CLETS Administration Section Palo Alto Police Department
California Department of Justice 275 Forest Ave.
916‐210‐4240/CAS@doj.ca.gov Palo Alto, CA 94301
December 10, 2020
CLETS Administration Section,
Pursuant to CAL DOJ Information Bulletin 20‐09‐CJIS, dated October 12, 2020, the Palo Alto Police
Department is responding to your inquiry on the confidentiality of information from the California Law
Enforcement Telecommunications System (CLETS).
The Palo Alto Police Department Public Safety Answering Point (PSAP) provides law enforcement
communications for the Palo Alto Police Department and the Stanford Department of Public Safety. Our
department utilizes a P25 Phase II TDMA digital radio system administered by the Silicon Valley Regional
Interoperability Authority (SVRIA), a Joint Powers Authority. Our primary law enforcement channel is
currently NOT encrypted.
To comply with the directive of CLETS PPP section 1.6.4 and FBI CJIS Security Policy sections 5.10.1.2,
5.10.1.2.1, and 5.13.1, the Palo Alto PSAP will change our law enforcement communications channel to
one that is encrypted. This switch to an encrypted digital radio channel will occur on January 5, 2021, to
allow time to communicate with all departments affected by the change. We will, upon radio frequency
reprogramming, encrypt our primary law enforcement channel to have fully encrypted channels for all
of our operations.
Please contact Technical Services Division Captain April Wagner at april.wagner@cityofpaloalto.org if
you have any questions. Thank you for your consideration.
Respectfully,
Chief Robert Jonsen
Palo Alto Police Department
DocuSign Envelope ID: BF69AAE7-6234-411B-8A51-5EB973037E43
12/10/2020
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7/2/2021
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