By Destiney Dingess
For The Herald-Dispatch
Huntington — An ordinance that would set criminal penalties for unauthorized access to, use of or tampering with city-owned surveillance systems and sets penalties for violations will be sent to the public safety committee for consideration of how to align it with another proposed ordinance on the technology.
Tia Rumbaugh drafted and sponsored the fast-tracked item. The ordinance covers technology and penalties, which are also addressed in an ordinance proposed by the city. Because of this, it will be looked at by the committee to see how the two ordinances can work together.
Councilman Jason Arthur, who is also the chair of the public safety committee, motioned to send it to the committee because of the overlap between the two ordinances. The motion was unanimously approved. Council members Rob Archer, Teresa Johnson and Linda Blough were absent.
The city’s ordinance puts policies in place for public safety technology by Flock Safety, which was approved last month by the council, while Rumbaugh’s provide criminal penalties for unauthorized access to, use of or tampering with city-owned surveillance systems and sets penalties for violations. Rumbaugh’s proposed ordinance also sets penalties for the Flock Safety technology and other surveillance equipment outside of that contract and already owned by the city.
Several council members said they want a committee meeting that is more than 15 minutes where all council members can attend, give input and ask questions on the ordinances. Councilwoman Holly Smith Mount said both have positives and acknowledged both have “holes” that should be addressed, such as additional definitions.
Equipment, ordinance still on hold
Members of the council said they still have concerns over the implementation of the technology and how fast the process of installing the technology is going. Council chair Mike Shockley said during the meeting, the cameras will not go up until all safeguards, guardrails and parameters on the cameras and devices are in place.
City Attorney Scott Damron confirmed, in response to a question during the meeting, that no contract has been signed yet.
The ordinance proposed by the city went through the public safety committee Monday evening; however, the committee did not have a quorum and could not take action on the ordinance. Several council members in and outside the committee asked questions.
Original ordinance would criminalize
Rumbaugh said she sent her ordinance at the same time as the city’s was sent and didn’t have time to look the mayor’s ordinance over before sending hers.
She also apologized for and retracted a comment she made in The Herald-Dispatch last week, stating the city’s ordinance does not include criminalization. Rumbaugh said when she looked through the ordinance when it was sent out, she did not see criminalization in the ordinance. The ordinance points to another (Article 101.99) that states a general penalty.
According to the article, “whoever violates any such provision shall be fined not more than $500 or imprisoned not more than 30 days, or both.”
Mayor Patrick Farrell said during his mayor reports that he believes the city’s ordinance took into account others around the country.
“What I’m very pleased with, with the ordinance that you have in front of you, is that it’s pretty comprehensive,” Farrell said of the city’s ordinance. “I believe that it is a template that other cities around the state can use. That if our state legislatures want to enact legislation they should look to our ordinance that is now in front of committee to think about the best practices.”
Farrell said the ordinance is intended to make sure the public understands what the city “is doing and what it’s not doing” with the public safety technology.
On Tuesday morning, a notice was sent out by the Huntington city clerk for a public safety committee meeting at 3 p.m. Friday, Aug. 14, in the council chambers in City Hall. Both ordinances are on the committee’s agenda. The meeting will be open to the public but does not require public comment.
The council will have the chance to ask questions and address concerns as well as compare the two ordinances and potentially combine them.
Other business
In other business, the council also approved a resolution that will allow the city to accept a grant of $300,000 to complete the construction of the W.Va. 10 sewer line extension project. A similar resolution was previously approved; however, the resolution was back due to an error in the document.
The council approved a resolution to authorize a contract with Highway Safety Inc., of Ceredo, to provide line striping of various streets maintained by the city. The total cost is $31,858.36, according to agenda documents.
The council confirmed the appointment of The Rev. Reginald Hill to a first term on the city’s Historic Preservation Commission.
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