photo by: Journal-World File Photo

In this file photo from Aug. 4, 2020, a Lawrence Police Department patrol vehicle is pictured outside the Douglas County Judicial and Law Enforcement Center.

City leaders will soon review the Lawrence Police Department’s draft policy for its use of drones and other camera systems, which is intended to prohibit uses such as invasions of privacy, targeted harassment and monitoring protests.

As part of its meeting Tuesday, the Lawrence City Commission will receive a presentation from the police department on the draft “public safety camera” policy. Interim Chief Adam Heffley told the commission last month that the police department plans to pursue a drone program, and that the department had already developed a draft policy and would be seeking input on the policy from interested organizations, such as the American Civil Liberties Union.

The ACLU and the Douglas County Libertarians voiced concerns about privacy and other issues in 2018 when the commission approved the installation of 19 police cameras downtown and the police department initially developed its policy for those cameras. That policy will now be expanded to cover drone cameras operated by the police or other city departments. In the September meeting, which was part of a larger discussion on changes to police operations, Heffley told the commission there is a “demonstrated need” for drones to document crime scenes and the scenes of motor vehicle accidents. He said the police department had sought assistance numerous times over the past six months from the Douglas County Sheriff’s Office, which began a drone program in December, to investigate fatality car accidents and deaths and assist in pursuits, and the department planned to get its own drone.

Heffley writes in a memo to the commission that the draft drone policy was written based on recommendations by the ACLU and President Barack Obama’s commissioned report on drone programs, “Considerations and Recommendations for Implementing an Unmanned Aircraft Systems (UAS) Program.” Heffley said that since the meeting last month, he had small-group meetings with people who had previously expressed an interest in providing input on the development of the policy, including a representative from the regional ACLU group and representatives of the Douglas County Libertarians.

The five-page draft policy provides “general guidelines” for the use of public camera systems, including mounted cameras, automatic license plate readers and drone cameras operated by the city. The policy states in part that cameras shall only record video images and not sound, and that video systems “may be useful” for the following purposes:

• To prevent, deter and identify criminal activity.

• To respond to critical incidents, whether natural or man-made.

• To monitor pedestrian and vehicle traffic activity for large-scale events.

• To assist in identifying, apprehending and prosecuting offenders.

• To assist in the location of a person subject to a Silver Alert or Amber Alert

Regarding drones specifically, the draft policy states that any use of a drone will be in accordance with applicable city policies, police department policies, constitutional privacy rights and Federal Aviation Administration regulations. The drone should be used in a “safe, legal and ethical manner with an emphasis on recognizing and protecting citizen safety and constitutional standards of privacy.”

The draft policy spells out several prohibited uses for city camera systems in general:

• To invade the privacy of individuals or unlawfully observe areas where a reasonable expectation of privacy exists, unless otherwise authorized by a court or law.

• In an unequal or discriminatory manner and to target protected individual characteristics such as race, ethnicity, national origin, religion, disability, gender or sexual orientation.

• To harass, intimidate or discriminate against an individual or group.

• To solely conduct surveillance on people who are legally exercising their First Amendment rights.

Regarding the feedback received so far, Heffley states in the memo that the ACLU did not have any specific additions to the policy but expressed a concern that any of the camera systems could be used to target minority communities and that the systems could also “have a chilling effect on people’s engagement in protected First Amendment activities.” Heffley said he had attempted to address those concerns with the prohibited uses included in the updated draft policy.

Heffley said he received several policy suggestions from the Douglas County Libertarians that were incorporated into the new draft, but he did not specify what those changes were. He said both groups expressed concerns over the size of the drone programs and the need to avoid extravagant spending or wasteful use of taxpayer money.

“These are valid and important viewpoints which led to a discussion about the scope of our intended program and purchase plans including the use of smaller, publicly available devices that are more economical,” Heffley said in the memo.

Other sections of the policy address training requirements, storage and retention of media and release of video images, among other topics. The full draft policy can be viewed as part of the agenda materials on the city’s website, lawrenceks.org. The commission is not required to approve administrative policies such as the public safety camera policy, but some policies are brought in front of the commission for feedback.

The Lawrence City Commission will meet virtually at 5:45 p.m. Tuesday, and some staff will be in place at City Hall, 6 E. Sixth St. The public may attend the meeting in person at City Hall or participate virtually by following directions included in the commission’s meeting agenda, which is available on the city’s website, lawrenceks.org.