Chula Vista Municipal Code Ch. 2.65 Privacy Protection and Technology Advisory Commission

PRIVACY PROTECTION AND TECHNOLOGY ADVISORY COMMISSION

Sections:

• 2.65.010 Creation. 2.65.020 Purpose and intent. 2.65.030 Functions and duties. 2.65.040 Limits on authority. 2.65.050 Membership. 2.65.060 Meeting frequency and schedule.

There is hereby created a Privacy Protection and Technology Advisory Commission (the “Commission”). The provisions of Article VI of the City Charter, the general rules governing boards and commissions set forth in Chapter 2.25 CVMC, and the provisions of this chapter shall govern the Commission. (Ord. 3553 § 1, 2023).

It is the purpose and intent of the City Council in establishing the Commission to create an advisory body to receive public input and serve as a resource to advise and make recommendations to the City Council to advance the City Council priorities of improving sensitive personal information management, security, and privacy. (Ord. 3553 § 1, 2023).

The functions and duties of the Commission shall be as follows:

• A. Review and advise the City Council on the City’s technology use policies.

• B. Review and advise the City Council on City’s Surveillance Technology impact reports and annual reports, as described in the Privacy Protection and Technology Transparency Policy (Council Policy 112-04).

C. Review, consider, and provide recommendations to the City Council on the acquisition of Surveillance Technology, as described in the Privacy Protection and Technology Transparency Policy (Council Policy 112-04) during the City’s acquisition process.

D. Review and advise the City Council on the procurement standards for agreements involving Sensitive or Surveillance Technology, as described in the Privacy Protection and Technology Transparency Policy (Council Policy 112-04). (Ord. 3553 § 1, 2023).

Per Charter Section 600, the Commission shall have no authority to direct the conduct of any department. The Commission is advisory in nature, and as such shall have no authority to approve, disapprove, or prevent any City action. (Ord. 3553 § 1, 2023).

A. The Commission shall consist of seven Voting Members and one Ex Officio member to be nominated and appointed in accordance with Article VI of the City Charter, Chapter 2.25 CVMC, and this chapter.

1. District-Based Appointments. Four Voting Members shall be nominated and appointed in accordance with the district-based appointment process specified in CVMC 2.25.052(C). A nominee shall not be required to live in the same district as the respective nominating Council member.

2. General Appointments. Following the four district-based appointments, three additional Voting Members shall be nominated and appointed in accordance with the general appointment process specified in CVMC 2.25.052(A), with a goal of addressing all areas of expertise identified in subsection (C) of this section.

3. Future Vacancies. Future vacancies of District-Based Appointment seats and General Appointment seats shall be filled pursuant to subsection (A)(1) or (A)(2) of this section, respectively, with the aim to preserve the Commission’s subject matter competency as outlined in subsection (C) of this section.

B. Nonresidents of the City of Chula Vista may be appointed and serve as Voting Members or Ex Officio Members if they own and operate a business and/or property with a physical address in the City of Chula Vista. Appointment of nonresident members must be passed by at least a four-fifths vote of the Council, in accordance with Charter Section 602(D).

C. All Commission members should have expertise and background in at least one of the fields described in subsections (C)(1) through (5) of this section. Each of the expertise fields described in subsections (C)(1) through (5) of this section should be represented by at least one Voting Member. Notwithstanding the foregoing, the absence of candidates with expertise in one of the following areas shall not preclude the appointment of the full Commission.

1. Information Technology and Data Security. Experience and/or expertise in cyber security and sensitive personal information management and protection.

2. Privacy Protection. Experience and/or academic or legal background related to individual privacy protection, open government principles and structures, and/or government transparency.

3. Accounting and Finance. Experience and/or professional credentials in contracting, procurement, public auditing, control, compliance, and/or general oversight professional services.

4. Public Safety. Experience and/or expertise in federal, state, or local government public safety functions and operations.

5. Equity and Civil Rights. Experience or legal background in the advocacy for marginalized groups and communities who have traditionally experienced privacy and civil rights concerns based on sex, gender, disability, socio-economic profile, national origin, culture, or ethnic background.

D. The City Manager or designee with expertise in the fields described in subsections (C)(1) through (5) of this section shall have the opportunity to review applications and provide input on the applicant’s qualifications, which shall be considered by the Mayor or City Councilmember before a nomination is made.

E. The Ex Officio Member shall be nominated by the City Manager and appointed in accordance with the Designated Member Appointment Process specified in CVMC 2.25.052(D). For purposes of CVMC 2.25.052(D), the City Manager is the Nominating Authority. (Ord. 3553 § 1, 2023).

In accordance with CVMC 2.25.200, the Commission shall set the date, time, and location of its regular meetings by written resolution and may change its regular meeting day, time, or location by written resolution. The Commission’s meeting schedule shall include at least one regular meeting every other month through December 31, 2024, and then one regular meeting quarterly thereafter. (Ord. 3553 § 1, 2023).