Employee Versus Independent Contractor California by ner17598

VIEWS: 154 PAGES: 30

More Info
									Question                                                                                              Response                                                                          TOWN/ Clarification Request                                                         Comment/Supporting Documentation #1
                                                                                                                                                                                        ACS
Ethical Operation of Red-light Camera Program

1. The company operating this system has an inherent conflict, how do you maximize profit             There is no conflict of interest because:                                         ACS     Other than facilitating supposedly 'good' changes in driving habits (that   http://cbs2.com/specialassign/local_story_055160148.html Red
without sacrificing the pretense of due process?                                                                                                                                                is, those changes that cause drivers to avoid running red-light's versus    Light Royalties # A CBS 2 Special Assignment Investigation
                                                                                                      Location of the Cameras are selected by the TOWN/ITRE.                                    those that cause rear-end accidents), what actions will the vendor take     Feb 20, 2003 11:00 pm US/Pacific
                                                                                                      Town personnel review, and approve the notices of violations.                             to improve safety at these intersections?                                   Ron Arnone worked for the company [ACS] that runs the red
                                                                                                                                                                                                                                                                            light cameras in L.A. "It’s all about money as far as I was
                                                                                                                                                                                                                                                                            concerned," Arnone says. Although Arnone didn’t work here, he
                                                                                                                                                                                                                                                                            says he was involved in the planning of hundreds of the
                                                                                                                                                                                                                                                                            cameras on the East Coast, and claims dollars and cents, not
                                                                                                                                                                                                                                                                            safety, was the main consideration when it came to picking a
                                                                                                                                                                                                                                                                            location. Arnone: “I never heard them talk about safety. It was
                                                                                                                                                                                                                                                                            all about finding good locations to make these people a lot of
                                                                                                                                                                                                                                                                            money.”
 The following are questions that might clarify the ethical boundaries the company is
expected to live within. Quid Pro Quo, Revolving Door Policy.
2. Are there any restrictions on ACS hiring town employees or elected officials associated with the ACS will comply with any applicable post-government employment laws.                ACS     Why won't ACS divulge the names of any lobbyist working on their
decision to deploy these cameras?                                                                                                                                                               behalf? Why won't they divulge the names of those lobbyist that have
                                                                                                                                                                                                held an official position within the local or state government?
3. Will ACS refrain from hiring employees or elected officials associated with the decision to        ACS will comply with any applicable post-government employment laws.              ACS
deploy these cameras?

4. If it is possible to work for ACS after being involved in either of these capacities, is there a   ACS will comply with any applicable post-government employment laws.              ACS
minimum time period involved or can they stop working for Chapel Hill one day and work for
ACS the next?

5. Will the council establish some minimum guidelines to avoid the appearance of impropriety in       The Town goal is operate the program in a fair and balanced manner.               TOWN    What, specifically, are the detailed guidelines that the town will use to
terms of the ‗revolving door‘?                                                                                                                                                                  operate this program in a ―fair and balanced manner‖? Could you
                                                                                                                                                                                                provide references to these written guidelines? Could these written
                                                                                                                                                                                                guidelines be posted on the web site?
6. Is there an expectation that any of the researchers associated with Institute for Transportation   The Town of Chapel Hill selected only the first two locations. The remaining      TOWN    ITRE plans to select the remaining intersections randomly, in order to
Research and Education (ITRE) will follow any guidelines set forth by the council or will             locations will be randomly selected by ITRE based on the characteristics (such            scientifically evaluate this systems use in Chapel Hill. How can the
researchers specifying the location and justification for additional cameras be able to get           as accident data) of the intersections. A copy of the ITRE proposal is provided           town justify this? Surely, there is a prioritized list of our 97
recompense from ACS, an ACS subsidiary or affiliated company after making such                        in Attachment 4.                                                                          intersections, worst to best. In the interest of safety, shouldn't the
determinations?                                                                                                                                                                                 worst intersections be addressed first? Obviously, no intersection must
                                                                                                                                                                                                stand out as being extremely dangerous.
Indirect or Direct Monetary or Material Payments

7. Will ACS report and place on the website a record of any and all monetary (or material)            ACS will comply with applicable legal requirements regarding contributions.       ACS     It is expected that any vendor for the Town of Chapel Hill will
contributions, direct or indirect made to the ITRE, its researchers and students prior to the and                                                                                               comply with all relevant federal, state and local statutes. The
after the deployment decision (i.e. including ongoing and future reportage)?                                                                                                                    question involves whether ACS has influenced the supposedly
                                                                                                                                                                                                objective ITRE organization. They are operating as a law
                                                                                                                                                                                                enforcement entity in our community, can they not honestly
                                                                                                                                                                                                answer this straightforward question?
8. Will ACS report and place on the website a record of, if any, monetary contributions made          ACS will comply with applicable legal requirements regarding contributions.       ACS     It is expected that any vendor for the Town of Chapel Hill will comply
directly or indirectly to any public officials or employees of Chapel Hill?                                                                                                                     with all relevant federal, state and local statutes. The question is,
                                                                                                                                                                                                whom, whether a current council member or a current candidate, did
                                                                                                                                                                                                ACS contribute money to? They are operating as a law enforcement
                                                                                                                                                                                                entity in our community, can they not honestly answer this
                                                                                                                                                                                                straightforward question?




                                                                                                                                                                                           1
9. For instance, this would include paying for traffic engineer‘s attendance at conferences,                   ACS will comply with applicable legal requirements regarding contributions.      ACS+     Based on the history                                                    “AN  OBSCURE legislative provision engineered by House
meetings, etc. This would also include any sponsored meetings at any other venue. In addition,                 ACS has not and will not pay for the Town Traffic Engineer to attend             TOWN     (http://www.philly.com/mld/dailynews/news/local/6208078.htm,‖Cybe       Speaker John Perzel gives one of his campaign contributors a
contributions made to elected officials campaigns, donations made to groups associated with these              conferences sponsored by ACS.                                                             rdemocracy: Campaign 2000 and the Computer Industry‖,                   leg up on running the city's lucrative red-light traffic camera
officials, grants given to city sponsored organizations that lobbied for these cameras or grants                                                                                                         http://www.sptimes.com/2002/10/06/news_pf/State/Money_can_buy_p         system.
given (or being anticipated to be given) to IRTE or its related personnel, to name a few examples.             The Town pays for employee attendance at approved conferences and business                olitic.shtml ) of ACS aggressively promoting their system through       The company, Affiliated Computer Services of Dallas, already
                                                                                                               meetings.                                                                                 candidate contributions and lobbyists, why can't they simply answer     receives $8 million a year for data processing services at the
                                                                                                                                                                                                         this simple question?                                                   Perzel-controlled Philadelphia Parking Authority.
                                                                                                                                                                                                                                                                                 Now, the politically active firm stands to boost those revenues
                                                                                                                                                                                                                                                                                 substantially, thanks to six words inserted in the state law that
                                                                                                                                                                                                                                                                                 legalized the traffic surveillance cameras in Philadelphia.
                                                                                                                                                                                                                                                                                 The provision was written amid an aggressive campaign by the
                                                                                                                                                                                                                                                                                 company to exert its influence in Harrisburg and Philadelphia. In
                                                                                                                                                                                                                                                                                 addition to contributing at least $5,000 to Perzel's campaign
                                                                                                                                                                                                                                                                                 fund, ACS and its corporate predecessor, Lockheed Martin IMS:
                                                                                                                                                                                                                                                                                 • Paid the state's most prominent lobbyist $175,000 to promote
                                                                                                                                                                                                                                                                                 pro-camera legislation and other corporate interests in
                                                                                                                                                                                                                                                                                 Harrisburg.
                                                                                                                                                                                                                                                                                 • Bankrolled an "independent" safety-advocacy organization that
                                                                                                                                                                                                                                                                                 testified on behalf of the cameras before Philadelphia City
                                                                                                                                                                                                                                                                                 Council.
                                                                                                                                                                                                                                                                                 • Through its employees, contributed more than $75,000 to Gov.
                                                                                                                                                                                                                                                                                 Rendell's election campaign and about $55,000 to Mayor
                                                                                                                                                                                                                                                                                 Street.
                                                                                                                                                                                                                                                                                 • Hired a key former member of Philadelphia city government.
                                                                                                                                                                                                                                                                                 The firm's efforts paid off last in May when City Hall legalized
                                                                                                                                                                                                                                                                                 the controversial red-light cameras under a three-year pilot
                                                                                                                                                                                                                                                                                 program.In the months after the camera bill was introduced,
10. Does ACS pay, directly or indirectly, any town employee for work done directly or indirectly               No. ACS has a contractual arrangement with the Town of Chapel Hill.              TOWN/
involving this program or any other program associated with ACS?                                                                                                                                ACS

11. Will ACS be providing any facilities or vehicles for the town employees can review these                   ACS is contractually required to provide office space in the ACS Chapel Hill     TOWN/
citations? Will ACS be providing any other services for these employees?                                       Customer Service Office for Town employees to review citations                   ACS

12. Will ACS provide this information as it pertains to any previous private or public employment of such an   Privacy laws restrict disclosure of such information. Mr. Neppalli may wish to   ACS      Did Mr. Neppalli consider implementing this system in Chapel Hill       http://heraldsun.com/orange/10-383561.html“Neppalli, who
affected employee, for instance, Kumar Neppalli, whom it appears worked with ACS, for the city of              answer questions regarding his previous employment directly to the petitioner.            because of his prior contacts with ACS? Considering that Mr. Neppalli   worked on a camera program for the city of Fayetteville, said he
Fayetteville, prior to working in Chapel Hill (http://heraldsun.com/orange/10-383561.html)?                                                                                                                                                                                      understood the perception that generating revenue for the camera contractor
                                                                                                                                                                                                         is an unsworn law enforcement agent for the town, would he consider
                                                                                                                                                                                                                                                                                 and the town was the primary motivation. “
                                                                                                                                                                                                         going the extra mile and explain what role, if any, his prior contact
                                                                                                                                                                                                         with ACS influenced his recommendation to adopt this type of system?

13. Will ACS document the costs associated with the safelight website?                                         The communications program (including the website) is a contract requirement. TOWN/
                                                                                                               ACS is not required to document the website development costs.                ACS

14. Is the websites cost considered a donation to the town?                                                    The communications program (including the website) is a contract requirement. TOWN/
                                                                                                                                                                                             ACS
15. What, if any, influence did this ‗in kind‘ payment have on the awarding of the contract to                 None. The website development is a contract requirement. ACS was awarded TOWN/
ACS?                                                                                                           the contract through competitive bid.                                         ACS

Additional Monetary Considerations
16. Are there any monetary quotas dictated by the contract that might influence either party to, one, No.                                                                                       TOWN/
act in an unethical fashion or, two, cause an excessive number of cameras to be deployed?                                                                                                       ACS
Hearing Officers
17. Considering that there‘s a potential for the monetary motive to perturb the just and regular       Hearing Officers were appointed by the Town Council and may be removed by                TOWN There doesn't appear to be a way to critique the hearing officers'
exercise of the appeals process vis-à-vis the hearing officer, what special, if any, safeguards are in the Town Council.                                                                             rulings. The appeal process, based on the Administrative Hearings
place to monitor their performance?                                                                                                                                                                  document (
                                                                                                                                                                                                     http://safelight.townofchapelhill.org/safelight/pdfs/Appeal_Process.pdf
                                                                                                                                                                                                     ), doesn't seem to be recorded for posterity, is that correct? Is going
                                                                                                                                                                                                     before the council the only avenue to review a hearing officers'
                                                                                                                                                                                                     behavior? I expect that the fine citizens selected will have no
                                                                                                                                                                                                     complaints lodge, but I find it troubling that the town didn't anticipate
                                                                                                                                                                                                     this possibility.
18. What, if any, influence does ACS have in the selection and retention of hearing officers?                  Hearing Officers were appointed by the Town Council.                             TOWN

19. If an officer dismisses ‗too many‘ citations, will they be penalized?                                      No.                                                                              TOWN
As asked below, but asked again here for emphasis, can the number of appeals favorably granted                 Yes                                                                              TOWN     When will this data be published?
be published as per the hearing officer?




                                                                                                                                                                                                    2
20. Are there any procedures in place for a hearing officer to report any negligence or malfeasance, Maintenance log sheets of camera equipment is a part of the each hearing packet TOWN         Considering that in the normal legal process, evidence of a crime is     Refer to question #30 for a few examples of equipment mis-
if any should ever occur, in the operation of the system? What protections, if any, would be         provided to the Hearing Officers. Hearing Officers may report to the Council as              presented both to the prosecution and the defense, why wouldn't a ―fair calibration.
offered in such cases?                                                                               they desire.                                                                                 and balanced‖ system post this maintenance information, obviously
                                                                                                                                                                                                  easily available via ACS's system, on the web site? How could the
                                                                                                                                                                                                  town claim some semblance of due process when this evidence isn't
                                                                                                                                                                                                  available to defendants in a timely manner? Again, considering that 29
                                                                                                                                                                                                  of 72 records collected at Airport/Estes were technician calibrations,
                                                                                                                                                                                                  why wouldn't the town avail a defendant maintenance information?
                                                                                                                                                                                                  Based on the Administrative Hearings document
                                                                                                                                                                                                  (http://safelight.townofchapelhill.org/safelight/pdfs/Appeal_Process.pdf
                                                                                                                                                                                                  ), there doesn't appear to be a way to collect evidence PRIOR to the
                                                                                                                                                                                                  hearing and OUTSIDE the normal evidence the prosecution (Hearing
                                                                                                                                                                                                  Officer) provides. Publishing this data would remediate some of that
                                                                                                                                                                                                  problem. Finally, the publishing of this information should build
                                                                                                                                                                                                  confidence in our community that our system isn't plagued with the
                                                                                                                                                                                                  same type maintenance issues that have occurred elsewhere with this
                                                                                                                                                                                                  system.

General

21. Will ACS publish statistics that clarify how many citations are dismissed for ‗exceptional‘        ACS does not own the data; it belongs to the Town. The Town will keep a       ACS/         When will this data be published? Are the following the only
reasons?                                                                                               record of the number of citations issued and dismissed. These numbers will be Town         ―exceptions‖? Clarity of Plate, Dark Environment, Emergency
                                                                                                       posted on the SafeLight website by location.                                               Vehicle, Glare on Plate ,Green Light – 2nd photo, No Plate, Plate
                                                                                                                                                                                                  Obstructed, Technician Testing? Further, since ACS has said the town
                                                                                                                                                                                                  owns this information, are they prohibited in using it for marketting
                                                                                                                                                                                                  their system as they have used similar information from other
                                                                                                                                                                                                  jurisdictions?

Non-public Communications
22. Can ACS be directed to publish any communications with employees of Chapel Hill or with            Yes. Communication between Town employees and ACS regarding the                 TOWN       Great, can the town provide these communications?
elected officials that directly bear upon the decision to use these cameras? Could all relevant        SafeLight Program is covered by North Carolina Public Record Laws.
communications be published to assure the public that all relevant facets of the system are being
discussed in an open manner?

23. What communications, if any, has the company‘s lobbyists had with employees or elected             None                                                                            TOWN/ To clarify, no current council members or candidates have been
officials bearing on the current use of and the continued use of the cameras?                                                                                                          ACS   contacted by ACS or its agents?

24. What discussions, if any, has the company or its lobbyist had with employees or officials in       None                                                                            TOWN/ To clarify, no discussions have taken place between the town and ACS
terms of defending the usage of these cameras?                                                                                                                                         ACS   or its agents on squelching dissent against this system?

25. Has the company provided speaking points or strategy overviews in defeating any public             ACS is required by contract to assist the Town with implementation of a Public TOWN/ How much of the content of the web site was provided by ACS? Will Comparing the site with a number of other ACS affiliated web
concerns in deploying the cameras? If so, can these speaking points and suggested PR strategies        Information Program regarding the SafeLight Project. Please see Section 2.10 ACS     the 2.10 required press conferences start soon? Will they be restricted sites, this site appears to be more of a sales brochure for their
be published on the website?                                                                           of the agreement between the Town and ACS.                                           to 'the press' or can citizens attend?                                  system than a “fair and balanced” look at the red-light camera system. For
                                                                                                                                                                                                                                                                                  instance, the site doesn't have links to the later San Deigo or California
                                                                                                                                                                                                                                                                                  audits raising questions about the effectiveness of these systems in their
                                                                                                                                                                                                                                                                                  jurisdictions. Also, there's no mention of the %3 increase in rear-end
                                                                                                                                                                                                                                                                                  accidents in Charlotte or anything else that balances the documents they
                                                                                                                                                                                                                                                                                  already have published there.
26. What plans, if any, have been discussed with employees or officials, in extending the use of       None                                                                            TOWN/
other surveillance technologies offered by ACS? Can these plans, if any, be published on the                                                                                           ACS
website?

Retention of Contract
27. Are their specific performance criteria that ACS has to meet specified in the contract?            Yes. ACS has to meet performance criteria established by the Town of Chapel TOWN           Exhibit 1 describes how the system should operate, but doesn't provide
                                                                                                       Hill. Please see Exhibit 1, Performance Standards of the Agreement between the             any detailed guidelines on measuring the compliance to these
                                                                                                       Town and ACS.                                                                              standards. For instance, Service Standard #16 specifies a 2-day and 5-
                                                                                                                                                                                                  day limit for issuing citations to in-state and out-of-state 'violators', how
                                                                                                                                                                                                  does the town plan to insure compliance with this directive?
28. Are these performance goals tied to the revenue these cameras generate for ACS and the town? No.                                                                                   TOWN


29. If case of negligence in the operation of the system, will the contract be invalidated? Is there   Yes. ACS has to comply with all elements of the contract.                       TOWN       What is the written guideline? Could the town provide specific metrics
specific numbers of errors that ACS can commit before the contract is invalidated?                                                                                                                the vendor will be evaluated against? Exhibit #1 discusses the
                                                                                                                                                                                                  functioning of the system in a fairly broad fashion, what are the day to
                                                                                                                                                                                                  day operational rules of this system?




                                                                                                                                                                                            3
30. For instance, in Los Angeles, the county had to reimburse $500,000 in citations because of an error   ACS is not aware of any such errors.                                     ACS    There are many examples of mis-calibration of ACS' automated                From Washington Post May 5th, 2002
ACS committed http://abclocal.go.com/kabc/news/051603_nw_red_light_camera.html ], would that be                                                                                           enforcement equipment. I've included a few here.                            (http://pub144.ezboard.com/facommunityoftoleranceandund
considered enough of a problem to invalidate the contract?
                                                                                                                                                                                                                                                                      erstandingfrm42.showMessage?topicID=4.topic)

                                                                                                                                                                                                                                                                      In summer 2000, a red-light camera at H and North Capitol
                                                                                                                                                                                                                                                                      streets NE was taken down after police decided it had been
                                                                                                                                                                                                                                                                      unfairly placed about 100 feet from the intersection. But by
                                                                                                                                                                                                                                                                      then, about 13,000 cited motorists had paid the fine, and no
                                                                                                                                                                                                                                                                      refunds were offered. Also, police have photographed
                                                                                                                                                                                                                                                                      hundreds of D.C. government vehicles going through red
                                                                                                                                                                                                                                                                      lights – but about half the tickets were tossed because
                                                                                                                                                                                                                                                                      police couldn't determine which employees were driving.

                                                                                                                                                                                                                                                                      In about 330 cases, motorists received speeding tickets –
                                                                                                                                                                                                                                                                      mostly in the 100 block of Malcolm X Boulevard SE –
                                                                                                                                                                                                                                                                      because the camera was mis-calibrated and the radar
                                                                                                                                                                                                                                                                      computer didn't have the correct speed limit for the street,
                                                                                                                                                                                                                                                                      Burke said.




31. If ACS, or any other vendor operating the system, is deemed to have violated the law or any           The contract may be terminated for material breach.                      TOWN   To clarify, an infraction commited by the parent company won't be           ACS has made headlines in recent weeks on the indictment of a
other ethical standards in the management of this business or any other of its businesses, either                                                                                         used to terminate our local contract? For instance, if a pattern of         former vice president of operations, James Donnell, who
here or nationally, will that invalidate the contract (a morals clause, so to speak)?                                                                                                     problems should be demonstrated                                             allegedly schemed to over-bill customers by about $3.7 million.
                                                                                                                                                                                          (http://story.news.yahoo.com/news?tmpl=story&u=/031002/31/5g1ft.ht          According to press accounts, he's charged with one count of
                                                                                                                                                                                          ml ), and I'm not suggesting there are extensive problems at ACS, the       conspiracy and five counts of mail fraud. He reportedly oversaw
                                                                                                                                                                                          town would still not terminate the contract? Shouldn't we expect the        ACS' New York operations from late 1997 to late 2000.
                                                                                                                                                                                          vendor to operate at the highest ethical level since they're performing a
                                                                                                                                                                                          law enforcement function?
32. What legal actions, if any, are currently being taken against ACS as far as these cameras being ACS does not comment on legal matters.                                        ACS/    Since ACS won't comment on past or present legal actions it's
deployed nationally and within our state? To the extent there are any material legal proceedings,                                                                                 TOWN    involved in concerning the management of these type systems, did
they are reported in SEC filings. If there are any, could the appropriate information be posted on                                                                                        the town do its due diligence? If it did research the legal
the web site along with any links to relevant court and settlement documents?                       The purpose of the Town SafeLight website is to educate Town residents on the         difficulties ACS is apparently encountering (if there weren't any,
                                                                                                    operation of the Town SafeLight program and to promote traffic safety.                wouldn't they say that?), could the town please provide that
                                                                                                                                                                                          research?
Provisions for Whistle Blowers
33. What procedures are in place at ACS to handle internal issues with the performance of the             ACS employees comply with ethics and contract requirements. ACS has an   ACS    Could ACS provide a copy of the written ethical guidelines their
system? Performance issues are promptly reported to the City.                                             ongoing maintenance program.                                                    employees must follow? Any citizen can go by the police station and
                                                                                                                                                                                          find the police operations manual detailing the required behavior of our
                                                                                                                                                                                          fine officers. Why can't the private law enforcement agents we've
                                                                                                                                                                                          contracted for this system provide their equivalent?




                                                                                                                                                                                     4
34. Is there a policy protecting internal employees if they should ever need to report on negligence ACS employees are guided by ethics policies, rules and regulations.           ACS       ACS is apparently being sued for allegedly harassing whistle-blowers     Jury trial starts Monday in lawsuit against ACS by 2 former employees
in the maintenance or operation of the system?                                                                                                                                               (http://www.zwire.com/site/news.cfm?newsid=10030255&BRD=1614              "Plaintiffs were harassed at ACS by their co-employees and others, all with
                                                                                                                                                                                                                                                                      the knowledge and approval of ACS (and) were harassed because they
                                                                                                                                                                                             &PAG=461&dept_id=161052&rfi=6,
                                                                                                                                                                                                                                                                      reported the illegal and wrongful activities of others in polluting the
                                                                                                                                                                                             http://www.iii.co.uk/uknews/?articleid=4556467&action=article , ). Of    environment of Coffee County," the suit also alleges.
                                                                                                                                                                                             course, many large companies are sued for a variety of reasons. The
                                                                                                                                                                                             difference here is that we've ceded a law enforcement function to a      "ACS intentionally created a hostile work environment, with the assistance
                                                                                                                                                                                             private entity. Surely Chapel Hill expects the vendor to be beyond       and encouragement of Defendant Brandon, who was employed by the Air
                                                                                                                                                                                                                                                                      Force and who controlled (in whole or in part) the contractual relationship
                                                                                                                                                                                             reproach?
                                                                                                                                                                                                                                                                      between ACS and AAFB. As a result, Plaintiffs suffered severe emotional
                                                                                                                                                                                                                                                                      distress ... (and) the constructive discharge (of both plaintiffs) resulted from
                                                                                                                                                                                                                                                                      Defendants' conduct of systematically diminishing the level of the
                                                                                                                                                                                                                                                                      assignments assigned to Plaintiffs ... "




35. Do these same protections apply if the system is operated in an illegal fashion?                 Yes.                                                                          ACS

36. What provisions are being made for employees of Chapel Hill to report potential malfeasance Town employees are guided by ethics policies, rules and regulations. Violation     TOWN      Let me restate this question. What does a town employee do if he
or negligence, if there should ever be any, in the operation of this system?                       of the Town Policies may result in termination of employment.                             believe ACS is operating the system in an improper fashion?
37. Will reporting these type issues be encouraged above the normal requirements, considering that All Town Projects are treated in the same manner.                               TOWN
the town has ceded a policing function to a private company, or will the basic standards apply?

Cost
38. Where is the detailed breakout of the citizenries cost in implementing this system? Could this    SafeLight Program is a self-supporting project. No funds or new positions have TOWN The time Mr. Roger and Mr. Nepalli spend monitoring this program
information be published on the website?                                                             been approved by the Council for the program.                                          must cost the town something. Is this only an incidental cost?
39. Until the town ‗breaks even‘, what are the ongoing costs, both direct and indirect being         Town staff time spent on the project. Costs can be reported on the website if the TOWN
incurred? Can a quarterly break down of these costs be published on the web site?                    Council so directs.

40. Under what conditions will the anticipated cost, for Chapel Hill, increase or decrease?          The cost for the Town depends on how much time the Town staff spends on the TOWN
                                                                                                     project.
41. Where is the budgetary line item in the cities budget for these expenses and for managing        No funds or new positions have been approved by the Council for this program. TOWN
potential financial liabilities?

42. If the system is independently audited, who will bear the cost of the audit? How often will this Refer to Section 18.2 of the Contract, Audit and                              TOWN
cost be incurred?                                                                                    Inspection.

                                                                                                     The Contractor agrees to an annual audit of the
                                                                                                     Project financial information by a licensed independent auditor mutually
                                                                                                     acceptable to the Town and the Contractor. The independent auditor shall be
                                                                                                     hired by the Contractor and the expense of the audit is to be paid by the
                                                                                                     Contractor. The Town will reimburse the

42. If the system is independently audited, who will bear the cost of the audit? How often will this Contractor half of the expense of the audit after receiving the invoice from the TOWN   Great, how periodic, monthly? Will the results of these inspections be
cost be incurred?                                                                                    Contractor. In addition, the Contractor must agree to periodic and random               posted on the web site so that defendants will have access to evidence
                                                                                                     inspections of the Project records and equipment by duly authorized Town staff          of problems with the system?
                                                                                                     and the independent auditor. The results of the audit are to be the basis of an
                                                                                                     annual performance review of the Contractor.
Potential Civic Financial Liabilities




                                                                                                                                                                                       5
43. What if the town has to refund citations? Will ACS indemnify our community from such                        Town cannot respond to hypothetical situations.                                TOWN   Considering the class actions in California and DC, shouldn't Chapel       DC Lawyers Bring Class Action to Stop Traffic Cameras Two
costs? Considering the volume of citations ACS plans to issue, what insurance has the town taken                                                                                                      Hill be fiscally prepared for this outcome? Is it really that hypothetical lawyers in Washington, DC have filed suit against the city in
out (so to speak), to protect the citizenry from having to cough up a large settlement?                                                                                                               that the town shouldn't account for this possibility?                      Superior Court to return all fines paid by persons who received
                                                                                                                                                                                                                                                                                 a ticket via a camera photo.      The two litigators are seeking to
                                                                                                                                                                                                                                                                                 represent the entire "class of automobile owners" ticketed since
                                                                                                                                                                                                                                                                                 the red-light camera program began July 31, 1999, and since
                                                                                                                                                                                                                                                                                 the photo-radar program started Aug. 6, 2001.          "There is no
                                                                                                                                                                                                                                                                                 proof that the owner is driving the car and the only way to get
                                                                                                                                                                                                                                                                                 out of the ticket is to submit an affidavit identifying the person
                                                                                                                                                                                                                                                                                 who was driving your car," Mr. Ruffin said. Judges in other
                                                                                                                                                                                                                                                                                 jurisdictions, such as Denver and San Diego have invalidated
                                                                                                                                                                                                                                                                                 the camera programs. A lot of money is at stake in D.C.           The
                                                                                                                                                                                                                                                                                 District has collected $26,451,367 from radar cameras since the
                                                                                                                                                                                                                                                                                 program began through last month, according the data available
                                                                                                                                                                                                                                                                                 on the Metropolitan Police Department's Web site
                                                                                                                                                                                                                                                                                 (www.mpdc.dc.gov). The city has mailed out 510,667 citations,
                                                                                                                                                                                                                                                                                 and 356,315 motorists have paid the fines.          The red-light
                                                                                                                                                                                                                                                                                 cameras have generated $20,983,495 for the city in nearly five
                                                                                                                                                                                                                                                                                 years of enforcement, with 242,748 motorists having paid the
                                                                                                                                                                                                                                                                                 fines out of 361,464 tickets issued. Update: Kirk Parker notes
                                                                                                                                                                                                                                                                                 in the comments section that the conservative Weekly Standard
                                                                                                                                                                                                                                                                                 has a five part series on what's wrong with the DC red light
                                                                                                                                                                                                                                                                                 cameras:       Red-light cameras are all over Washington--and
                                                                                                                                                                                                                                                                                 coming to a city near you. The science behind them is bad and
                                                                                                                                                                                                                                                                                 the police are using them to make money, not save lives. It's
                                                                                                                                                                                                                                                                                 much worse than you thought." Posted Thursday :: April 17,
                                                                                                                                                                                                                                                                                 2003
44. Is Chapel Hill prepared to deal with a large class action suit, such as the one presently being             Town cannot respond to hypothetical situations.                                TOWN   Considering this is happening throughout the US, shouldn't the town
pursued in California?                                                                                                                                                                                plan for this contigency?
45. Will Chapel Hill have sufficient resources (insurance, etc.) to deal with such a large action (as           Town cannot respond to hypothetical situations.                                TOWN   Considering this is happening throughout the US, shouldn't the town
might be expected if a large number of students, for instance, are cited and decide to act as a                                                                                                       plan for this contigency?
class)?
46. Is Chapel Hill immune from such actions considering that it is well publicized that such actions            Town cannot respond to hypothetical situations.                                TOWN   Considering this is happening throughout the US, shouldn't the town
are being pursued, both at the municipal and state levels, elsewhere?                                                                                                                                 plan for this contigency?
47. What if someone sues the town after a rear-end accident considering it was probable that the                Town cannot respond to hypothetical situations.                                TOWN
increase in this type of accident is foreseeable?
48. Especially considering today‘s litigious society, what protection does the town have from                   Town cannot respond to hypothetical situations.                                TOWN
lawsuits that claim that increases in rear end accidents was a foreseeable outcome of the
deployment of these cameras or from those that feel that the system ‗failed‘ to protect them
adequately?

49. What if someone sues Chapel Hill because the high intensity flash from the camera causes an                 It is not a known consequence.                                                 ACS/
accident, especially considering it‘s a known consequence of using these cameras?                                                                                                              TOWN
                                                                                                                The Town cannot respond to hypothetical situations.
50. What liability does the town incur when the number of citations decrease (as it appears they historically   The fundamental purpose of the program is to promote public safety. A decrease TOWN   This is one of the most chilling of the few detailed answers. The       It has been pointed out in numerous studies, that using the
do)? As happened in Charlotte [                                                                                 in number of citations is evidence of success.                                        original question had to do with the re-negotiation of the contract.    decrease in citations as a measure of success is
http://www.charlotte.com/mld/charlotte/news/columnists/dr_traffic/6269978.htm], the system became less
profitable within a couple years, will that same decrease in revenue cause a financial problem for Chapel                                                                                             In other jurisdictions, once the per citation revenue dried up, the     disingenuous, at least, and, most probably, outright
Hill?                                                                                                                                                                                                 vendor wanted to re-negotiate a flat fee to keep the revenue            dishonest. Why? Look at the 'records' already generated by
                                                                                                                                                                                                      flowing in. What plan does Chapel Hill have to handle this well         the cameras at 15-501/Sage and Airport/Estes. %13 of the
                                                                                                                                                                                                      recognized situation? Or, does the town plan to “just deal with it”     'violations' at Sage were false positives. A reduction in
                                                                                                                                                                                                      once its developed a dependence on this technology and can be           false positives, such as reducing the 29 (of 72) 'violations'
                                                                                                                                                                                                      held over a barrel. On to the chilling aspect. It is well understood    caused by a technician fiddling about at Airport/Estes,
                                                                                                                                                                                                      that a decrease in citations shouldn't be used as an indicator of       would seem to indicate an overall success rate, but these
                                                                                                                                                                                                      success, instead, a reduction in accidents should be used as a          false positives are under the control of the vendor!
                                                                                                                                                                                                      baseline. Why would the town use this flawed metric?

Technical Issues Associated with the System’s Proper Functioning and Evaluation,
Monitoring Effectiveness, Efficacy

51. What specific criteria is the Chapel Hill transportation department using to assess the success             ITRE will conduct a before and after study of the Chapel Hill SafeLight        TOWN
or failure of the red-light camera deployment?                                                                  Program. In addition to this, Town staff conduct a before and after accident
                                                                                                                analysis at camera locations.




                                                                                                                                                                                                 6
52. What criteria are being used to evaluate the system as a whole?                                             ITRE will conduct a before and after study of the Chapel Hill SafeLight           TOWN   Since we're relying on ITRE's recommendations for camera placement,        A Recommended Policy
                                                                                                               Program. In addition to this, Town staff conduct a before and after accident              can we rely on their recommendations about what to do before               for Automated Electronic Traffic Enforcement
                                                                                                               analysis at camera locations.                                                             deploying a red-light camera system, to wit, first, establishing that      of Red Light Running Violations in North Carolina
                                                                                                                                                                                                         there is a significant problem, second, eliminating problems through       EXECUTIVE SUMMARY AND RECOMMENDED
                                                                                                                                                                                                         traditional methodologies, and, then, if and only if a problem persists,   IMPLEMENTATION PROCESS
                                                                                                                                                                                                         deploy the cameras?                                                        by:
                                                                                                                                                                                                                                                                                    Joseph S. Milazzo II, PE
                                                                                                                                                                                                                                                                                    Senior Research Associate
                                                                                                                                                                                                                                                                                    INSTITUTE FOR TRANSPORTATION RESEARCH AND
                                                                                                                                                                                                                                                                                    EDUCATION (ITRE) Our recommended eight-stage
                                                                                                                                                                                                                                                                                    process for implementing red light running
                                                                                                                                                                                                                                                                                    countermeasures
                                                                                                                                                                                                                                                                                    consists of:
                                                                                                                                                                                                                                                                                    1-Conduct a traffic engineering study to verify the existence,
                                                                                                                                                                                                                                                                                    extent, and causes of the problem
                                                                                                                                                                                                                                                                                    2-If feasible, implement traffic engineering countermeasures
                                                                                                                                                                                                                                                                                    3-Consider implementation of traditional enforcement
                                                                                                                                                                                                                                                                                    measures, perhaps with “rat boxes”
                                                                                                                                                                                                                                                                                    4-If engineering countermeasures and/or traditional
                                                                                                                                                                                                                                                                                    enforcement proves to be unsuccessful or
                                                                                                                                                                                                                                                                                    unfeasible, then select appropriate red light camera locations
                                                                                                                                                                                                                                                                                    5-Choose a financing arrangement to ensure that public safety
                                                                                                                                                                                                                                                                                    will remain the primary goal
                                                                                                                                                                                                                                                                                    6-Conduct a detailed, perpetual public information and
                                                                                                                                                                                                                                                                                    educational effort regarding the program
                                                                                                                                                                                                                                                                                    7-Implement red light cameras at intersections with the highest
                                                                                                                                                                                                                                                                                    potential for crash reduction
53. Will metrics be accumulated and posted in a public forum, say the web site, so that the public             Yes.                                                                               TOWN   Great! When will this be published?
can review the progress the program is making in its stated goals?

54. How many failures before the system, as a whole, is considered a failure?                                  Question is vague and unanswerable.                                                TOWN   Let me restate the question. Simply, HOW DOES THE TOWN
                                                                                                                                                                                                         PLAN TO MEASURE THE SUCCESS OR FAILURE OF THIS
                                                                                                                                                                                                         SYSTEM? Does the town plan to measure the success or failure?
                                                                                                                                                                                                         What metrics will determine the success or failure of this system?
                                                                                                                                                                                                         For instance, if side-impact accidents decrease %1 in Chapel Hill
                                                                                                                                                                                                         and rear-impact accidents increase %10, is that a failure? The
                                                                                                                                                                                                         metrics, I imagine, will be based on accident data, instead of
                                                                                                                                                                                                         citations, as that has already been established as an easily
                                                                                                                                                                                                         manipulable quantity. As engineers, I expect that Mr. Neppalli
                                                                                                                                                                                                         and Mr. Rogers have specific, measurable, goals for this system,
                                                                                                                                                                                                         both city-wide and at the monitored intersections. I imagine these
                                                                                                                                                                                                         metrics will take account the collatoral damage (increased local
                                                                                                                                                                                                         neighborhood traffic, rear-end accidents, etc.) and measure both
                                                                                                                                                                                                         the positive and negative outcomes of this system.

55. In the criteria for success or failure, is one of the parameters the revenue generated by the              Evaluation will be done without consideration of the financial aspect.             TOWN
camera or is the evaluation done without considering the financial aspect?

Apples to Apples Comparison of Safety                                                                                                                                                             TOWN

56. In reviewing the data collection methodology used to justify these cameras, it isn‘t obvious          The first two camera locations were selected based on accident data, speed limit TOWN
why certain intersections were selected.                                                                  violations, traffic congestion, and citizen complaints. The remaining locations
                                                                                                          will be selected by ITRE based on its study parameters.
57. Could the specific criteria in selecting these intersections, including the historical accident rates Yes. It will be on the website within the next month and the website will be     TOWN
and types, be published?                                                                                  updated with available information.

                                                                                                                                                                                                  TOWN
58. Could the statistical methodology used to determine these sites also be published? Also, could The first two camera locations were selected based on accident data, speed limit
the some additional analysis be provided to explain why some intersections that seemingly are      violations, traffic congestion, and citizen complaints. The remaining locations
equivalent were treated differently? In this analysis, how was an ‗apple-to-apple‘ comparison      will be selected by ITRE based on its study parameters.
performed?
  59. In order to determine the deployment strategy, and to eliminate the profit motive as a compelling                                                                                           TOWN
factor, this information is required. For instance, one of the complaints against the Charlotte system was     The first two camera locations were selected based on accident data, speed limit
that the top 23 intersections for red-light running crashes were not selected or the extremely poor coverage
in Los Angeles with only 4 of the 40 top dangerous intersections selected                                      violations, traffic congestion, and citizen complaints. The remaining locations
[http://cbs2.com/specialassign/local_story_055160148.html ]. How is one to determine whether the same          will be selected by ITRE based on its study parameters.
faulty analysis wasn’t applied in Chapel Hill?




                                                                                                                                                                                                    7
 60. Could ITRE publish the relevant NHSTA, NC-DOT or other standards they have and will use The Town has requested this information from ITRE and will make it available TOWN                    This is a very curious response. Will ITRE use criteria it can't
in the evaluation of the both the systems performance and the selection of additional sites? to the extent allowed by law.                                                                        publish because it would be illegal to do so? Is there information
                                                                                                                                                                                                  ITRE will collect, vis-a-vis performance metrics, it will share with
                                                                                                                                                                                                  the town and/or ACS that it won't share with the public? If so, to
                                                                                                                                                                                                  what end and for what reason?
Monitoring New Categories of Accidents

61. What additional information, if any, will be gathered to determine if a new class of accidents    Detailed accident analysis by type and cause. A comparison of before and after TOWN         How does ITRE plan to establish a valid baseline for Airport/Estes and
are occurring at the intersections covered by the cameras? For instance, will additional data be      accident analysis by type will be conducted by Town staff in addition to the                Sage/15-501, since a detailed study (contrary to their own
collected on accidents caused by rear ending or caused by the intense flash of the camera?            ITRE study                                                                                  recommendations) was not performed before the cameras were
How will the baseline for accident studies be calculated?                                                                                                                                         installed? Also, considering the low number of t-bone type accidents
                                                                                                                                                                                                  that have occurred at both of these intersections, how can ITRE
                                                                                                                                                                                                  determine, statistically, the real reduction in probable accidents? In
                                                                                                                                                                                                  reading their research papers, it appears they usually study
                                                                                                                                                                                                  intersections with higher problem rates.
Calibration of Red-light Cameras and Associated Signals
These questions cover areas that should generally eliminate any suspicions that various
intersection parameters have been modified in such a way as to increase the revenue stream
and decrease safety.
62. Can the detailed maintenance logs for each of the cameras be published on the website?            No. The purpose of the SafeLight web site is to provide general information       TOWN/ Why wouldn't the logs be published as a matter of course? If there are
Such logs would detail when each camera received maintenance, whether the maintenance was             regarding the project. The Town will make maintenance logs available to           ACS   significant technical issues with this system, a public airing seems the
expected or extraordinary (i.e. fixing a mechanical/electrical/software problem), who did the         citizens on an as needed basis.                                                         only honest recourse. Why would the town want to hide problems?
maintenance, etc.
63. Can the detailed settings of each camera and associated signal light be published? For            The settings and timings are public information and are available for review in   TOWN      Fantastic. Why not publish this data on the web site to aid in
instance, at Airport Rd. and Estes, what are the red, yellow and green light timings? modifications   the Town Engineering Department.                                                            defendant's evidentiary discovery?
for these timings?
64. What is the historical record of justification was used in modifying these timings?               The signal timings at camera locations are established by the State. Any          TOWN      Fantastic. Why not publish this data, including the historical
                                                                                                      changes to the timings are documented and are available for public review.                  documents, on the web site to aid in defendant's evidentiary discovery?

65. Finally, where are the parameters for the settings coming from? Is it ITRE or NC-DOT or           The NCDOT.                                                                        TOWN      What published guidelines document the NCDOT process for selecting
NHSTA or some homegrown variant?                                                                                                                                                                  these timings? I assume that this is a publication readily available from
                                                                                                                                                                                                  the state. If it's available on line, why not add a link to it from the
                                                                                                                                                                                                  safelight.townofchapelhill.org web site?
66. As far as the cameras, what are the various parameters they operate on (delay, etc.)?             The cameras are activated by vehicles crossing the stop line during the red       TOWN      Why, at minimum, isn't the town following the ITRE                          ITRE Powerpoint Presentation titled “The Effect of Dilemma
                                                                                                      phase. The delay time is 0.3 seconds. A detailed description of ‗How Cameras                recommendations on trigger times? Also, considering the                     Zones on Red Light Running Enforcement Tolerances”
                                                                                                      Work‖ is available on the Safelight website.                                                approach speeds, why isn't a value of .65 or above being used for
                                                                                                                                                                                                  Sage/15-501 and .5 for Airport/Estes? Considering that most                 TRB paper 02-3744 - trb2002rlr.ppt – pg. 35
                                                                                                                                                                                                  violations happen in the 1st second, why not use a longer trigger
                                                                                                                                                                                                  time and lengthen the yellow concurrently (increase the trigger to          “Implement an enforcement tolerance
                                                                                                                                                                                                  .4, as ITRE recommends, and lengthen to yellow by .4)?                      - We recommend 0.4 seconds, inclusive of geometric
                                                                                                                                                                                                                                                                              setbacks
                                                                                                                                                                                                                                                                              - A case could be made for a slightly larger value
                                                                                                                                                                                                                                                                              - Increase the enforcement tolerance on downgrades
                                                                                                                                                                                                                                                                              Consider warning tickets for violations just below
                                                                                                                                                                                                                                                                              enforcement threshold
                                                                                                                                                                                                                                                                              Consider reduced fines for violations just above the
                                                                                                                                                                                                                                                                              enforcement threshold”




67. Can the relevant dimensions of the intersections be published?                                    This information is available for review in Town Engineering Department.          TOWN      If this information in a format suitable for web publishing? If so, why
                                                                                                                                                                                                  not link to it from the safelight.townofchapelhill.org web site?
68. Again, at Airport Rd. and Estes (an intersection I drive through at least 8 times daily), it   The stop line was not modified. The State repainted it as a part of its annual       TOWN      OK, it was just a coincidence that the lines are approximately 6‖ off of
appears that the paint crew modified the stopping line and other markers in the intersection. Why, maintenance program.                                                                           the former position?
specifically, was this modified?




                                                                                                                                                                                            8
69. Can the relevant work history of the maintenance personnel be published?                              This information is subject to privacy laws.                                 TOWN/ This wasn't phrased well. Let me try again, on average, the technicians
                                                                                                                                                                                       ACS   working on Chapel Hill's system have performed maintenance on this
                                                                                                                                                                                             exact same type system for how many years? To wit, do they have 1
                                                                                                                                                                                             week of experience or 5 years?
70. Will the public be able to determine the work and training history of those people so important Personnel Privacy laws restrict access to employee records.                        TOWN I'm very interested in preserving their personal information. Again, to
to the proper operation of this private ‗policing‘ function?                                                                                                                                 phrase it better, how much training does a technician receive before
                                                                                                                                                                                             they begin maintaining this system? Do our traffic engineers receive
                                                                                                                                                                                             this training? Do our traffic engineers have access to the training
                                                                                                                                                                                             materials?
Validation of the Software Running the Camera System

71. Has the software been independently verified to follow the customary standards for high-risk          Not applicable.                                                              ACS/     Considering that the reliability of this software is key to the ethical   Charleston Daily Mail, Friday February 14, 2003; 11:00 AM,(
software?                                                                                                                                                                              TOWN     operation of this system it is very “applicable” whether it's been        http://www.dailymail.com/news/News/2003021431/ ) An audit
                                                                                                                                                                                                tested to perform to the highest possible standard. There are             done by the local accounting firm Herman & Cormany found that ACS
If so, what organizations have validated the software?                                                    ACS software must meet the Performance Standards specified in Exhibit 1 of            numerous software validation services, any one of which a                 Government Systems, the county's software vendor, supplied the
                                                                                                          the Agreement.                                                                        company making $3 billion a quarter could afford, that could              county with a flawed federal tax table. As a result employees who
                                                                                                                                                                                                verify this software adheres to reasonable standards. Further,            were taxed incorrectly now owe the IRS and could face fines for failing
                                                                                                                                                                                                Exhibit #1 only says what the system is supposed to do, it makes          to pay at least 90 percent of their taxes during regular payroll periods.
                                                                                                                                                                                                not mention of how the system is verified to perform as specified.        County attorney Nick Casey said the IRS often waives those penalties
                                                                                                                                                                                                                                                                          when an error is found. The county has already drafted that request to
                                                                                                                                                                                                                                                                          the IRS, Casey said. "If the (software) vendor does not concede to the
                                                                                                                                                                                                                                                                          mistake," Commission President Kent Carper said. "My intent is that
                                                                                                                                                                                                                                                                          we file a lawsuit immediately." "My guess is that it won't be done
                                                                                                                                                                                                                                                                          voluntarily," he said. "We're probably going to have a fight on our
                                                                                                                                                                                                                                                                          hands."
72. Is the software that operates this system, both in the camera and the office, available for public The software is proprietary.                                                    ACS      Under Exhibit #1, Service Standard #19, the software/database system
review?                                                                                                                                                                                         is to be described in its particular. Instead, the vendor says the use
                                                                                                                                                                                                ―TIMs, which is the most proven violations enforcement system...in
                                                                                                                                                                                                the industry.‖ I couldn't find the PROOF of this statement. Again,
                                                                                                                                                                                                considering question #71, what recognized, independent, organization
                                                                                                                                                                                                evaluated the security, stability and other aspects of the software
                                                                                                                                                                                                system. If none did, what review, if any, will be made of this system?

73. What procedures, if any, have been installed to prevent tampering with the software?                  ACS has internal auditing procedures. ACS provides to the client with an     ACS
                                                                                                          annual independent certification of the system.
What ‗in-house‘ auditing procedures are in-place to guarantee that the software hasn‘t been
tampered with?

74. What steps has Chapel Hill taken to make sure that the software is validated against the normal ACS software must meet the Performance Standards specified in Exhibit 1 of         TOWN
standards for such high-risk usage?                                                                 the Agreement.

75. Considering that this software is directly responsible for the issuance of citations, that there is   ACS software must meet the Performance Standards specified in Exhibit 1 of   TOWN     Software systems can have problems, considering ACS has been fined         Critics of the ACS contract, including Cleveland Democratic
no real due process and no real governmental oversight, what steps is Chapel Hill taking to verify        the Agreement.                                                                        because of general performance issues                                     Rep. Dennis Kucinich and members of the American Federation
the software running the system is bug free?                                                                                                                                                    (http://www.cleveland.com/search/index.ssf?/base/news/10668150121         of Government Employees, whose workers did the job before
                                                                                                                                                                                                00221.xml?nnusa), wouldn't be prudent to verify, at the least, that the   ACS took over, called the report "biased" and said the
                                                                                                                                                                                                system is not buggy? Or, relatively bug free?                             organization that produced it backs privatizing government jobs.
                                                                                                                                                                                                                                                                          A Center for Naval Analysis spokesman denied that his
                                                                                                                                                                                                                                                                          nonprofit, nonpartisan organization favors privatization, and said
                                                                                                                                                                                                                                                                          the report is objective, though "it will not satisfy everyone."

                                                                                                                                                                                                                                                                          "With 500 Cleveland-area jobs on the line, this report will not be
                                                                                                                                                                                                                                                                          the last word on this erroneous contract," Kucinich said,
                                                                                                                                                                                                                                                                          promising further scrutiny.

                                                                                                                                                                                                                                                                          "Cronyism is alive and well in Washington," said Daniel Drost, a
                                                                                                                                                                                                                                                                          DFAS employee in Cleveland who has strenuously supported
                                                                                                                                                                                                                                                                          returning the jobs to government workers or rebidding the
                                                                                                                                                                                                                                                                          contract.

                                                                                                                                                                                                                                                                          ACS has paid steep fines for regularly failing to meet
                                                                                                                                                                                                                                                                          government performance standards, Drost said.

                                                                                                                                                                                                                                                                          DFAS spokesman Bryan Hubbard confirmed that DFAS
                                                                                                                                                                                                                                                                          withheld $445,000 in payments to ACS for failing to meet
                                                                                                                                                                                                                                                                          performance targets in 2002 and more than $158,000 in the
                                                                                                                                                                                                                                                                          early months of 2003.

                                                                                                                                                                                                                                                                          ACS, however, has insisted that DFAS is using incorrect




                                                                                                                                                                                           9
76. What auditing, if any, will Chapel Hill independently perform to verify the proper installation    ACS software must meet the Performance Standards specified in Exhibit 1 of     TOWN
of the operating software?                                                                             the Agreement.
What checks are in place to verify that the software deployed in the processing center and the
camera is the properly ‗validated‘ and that the software meets the highest level of standards
expected for an autonomous policing agent?
77. What procedures has Chapel Hill instituted to verify that the software deployed in the system is   ACS software must meet the Performance Standards specified in Exhibit 1 of     TOWN     The performance standards of Exhibit #1 doesn't mandate any specific        ATLANTA - Georgia's new $350 million health care information
the validated software?                                                                                the Agreement.                                                                          software testing. Considering that ACS occasionally has problems (          computer system, billed as a moneysaving overhaul of an
Considering that a maintenance upgrade of the software in the camera or elsewhere could cause a                                                                                                http://www.onlineathens.com/stories/042403/new_20030424014.shtml            outdated system, has been a problem since coming online this
variance in its operation, what steps are being taken to ‗re-validate‘ the software?                                                                                                           , http://www.ajc.com/business/content/business/0603/12computer.html         month.
                                                                                                                                                                                               ) with their more complex installations, wouldn't it be prudent to ask        Because of the problems, the state is expected to ask for
                                                                                                                                                                                               them to validate their software, especially considering it's instrumental   more than $20 million in compensation from the contractor,
                                                                                                                                                                                               in prosecuting citations?                                                   Affiliated Computer Services, which was awarded the contract
                                                                                                                                                                                                                                                                           two years ago.
                                                                                                                                                                                                                                                                             The state's Medicaid and PeachCare programs were
                                                                                                                                                                                                                                                                           expected to be the first to benefit from the system, with a
                                                                                                                                                                                                                                                                           projected launch date of October 2002.
                                                                                                                                                                                                                                                                             Then came the delays. The startup was pushed back to
                                                                                                                                                                                                                                                                           December. And, again, to April 1.
                                                                                                                                                                                                                                                                             The state agency that runs Medicaid is seeking financial
                                                                                                                                                                                                                                                                           penalties against ACS, much of it to be used to compensate for
                                                                                                                                                                                                                                                                           what could be a one-year delay in the contract's next phase,
                                                                                                                                                                                                                                                                           placing the state employees' health program on the technology
                                                                                                                                                                                                                                                                           platform.


                                                                                                                                                                                                                                                                           Published in the Athens Banner-Herald on Thursday, April 24,
                                                                                                                                                                                                                                                                           2003.
78. Will any bugs or improper operation of the software, either in the processing office or the        ACS regularly maintains its systems and equipment.                             ACS      Can a defendant ask for the maintenance records of the equipment
camera be tracked?                                                                                                                                                                             used in prosecuting their citation prior to their hearing?

79. In terms of legal discovery, shouldn‘t this information be published on the web site?              Not the purpose of the website.                                                TOWN     If ACS has problems with their equipment, that would call evidence
                                                                                                                                                                                               into question, where will they report it? To whom? How is a defendant
                                                                                                                                                                                               to discover that the system processing their citation was faulty?

80. What network access, if any, does the camera software utilize? If it does access a network,        ACS adheres to appropriate security measures and follows proper protocols.     ACS      With the discovery that processing of the data isn't done locally,
what precautions have been taken to protect the data flowing across the network?                                                                                                               but instead in Washington D.C., how will ACS protect potentially
                                                                                                                                                                                               sensitive data that flows across their networks? What mechanism
                                                                                                                                                                                               does ACS use to convey information to their collection agency?
                                                                                                                                                                                               Additionally, DOES ACS PLAN TO OUTSOURCE ANY OF
                                                                                                                                                                                               THE PROCESSING OF THIS SENSITIVE DATA OFF-
                                                                                                                                                                                               SHORE? IN LIGHT OF RECENT OCCURENCES OF
                                                                                                                                                                                               PRIVATE DATA BEING "HELD HOSTAGE" OFF-SHORE,
                                                                                                                                                                                               WHAT ADDITIONAL PROTECTIONS WOULD ACS TAKE
                                                                                                                                                                                               TO SAFEGUARD OUR CITIZENS IDENTITY INFO?

81. What checks is Chapel Hill prepared to perform to validate the security of these networks?         The Town adheres to appropriate security measures and follows proper           TOWN     Excellent, could you refer me to the written guidelines and procedures
What checks is Chapel Hill prepared to perform to validate that the data on the network cannot be      protocols.                                                                              that the town follows?
tampered with, altered or created?

82. What network access, if any, does the processing center utilize? Is this network open to the    ACS adheres to appropriate security measures and follows proper protocols.        ACS      Who, within the town, made the determination that ACS is using the
Internet? What procedures are in place to prevent the tampering, alteration and destruction of data                                                                                            proper security procedures and protocols to protect citizens sensitive
over the network or on the processing machines themselves?                                                                                                                                     information? Did the town review those procedures?

83. What audit policies will Chapel Hill perform to verify ACS compliance with expected security None. ACS must comply with all applicable laws regarding security practices.         TOWN
practices?

Validating the Cameras

84. What procedures, if any, are in place to independently verify and validate the correct             ACS regularly maintains its equipment and its maintenance records/log sheets   TOWN/ Are the town engineers qualified to review the behavior and operation
functioning of the electrical, mechanical and software components of the deployed cameras?             are reviewed by Town staff.                                                    ACS   of the computer software and equipment used by ACS?

85. What independent auditor will perform these tasks?                                                 Refer Section 18.2 of the Contract, Audit & Inspection.                        TOWN

86. If the system is audited, will the auditors report be made available to the public via the web     Yes.                                                                           TOWN
site? Will the report contain a record of deficiencies, if any, in the system?                         Yes.




                                                                                                                                                                                         10
87. How often will the correct functioning of the cameras be checked?                                   ACS regularly performs maintenance checks on its safety cameras.                  ACS    How about putting a number on this? Once a month, every six
                                                                                                                                                                                                 months, one a year? I've noticed a number of technicians working on
                                                                                                                                                                                                 the cameras over the last two months, was that normal maintenance?
88. How often will the software in the cameras be independently checked to verify that it is of the     ACS regularly performs maintenance checks on its safety cameras.                  ACS
proper, ‗validated‘ version?

89. What penalties does ACS incur if a camera has not been properly calibrated? If a particular         The contract may be cancelled for improper calibration of cameras.                TOWN   How many times can a camera fail calibration before it's removed from      Note, the vendor here admits that glitches aren't as rare as
camera either repeatedly falls out of proper calibration, for whatever reason, do the penalties                                                                                                  service? How many times, overall, can the calibration checks fail          the ACS representative quoted above stated!
increase?                                                                                                                                                                                        before the contract is cancelled? What is the tolerance for calibration?   http://www.ajc.com/metro/content/metro/gwinnett/0703/28redlig
                                                                                                                                                                                                 Will the town refund all improper citations generated by an incorrect      hts.html One of the two vendors participating in tests,
                                                                                                                                                                                                 calibration or just those that were contested?                             Affiliated Computer Services, has had problems in California.
                                                                                                                                                                                                                                                                            ACS, based in Dallas, operates about 80 percent of North
                                                                                                                                                                                                                                                                            America's red-light camera systems.

                                                                                                                                                                                                                                                                            Maury Hannigan, an ACS vice president overseeing red-light
                                                                                                                                                                                                                                                                            cameras, defended red-light cameras, saying they are reliable
                                                                                                                                                                                                                                                                            and help reduce the number of collisions.

                                                                                                                                                                                                                                                                            "There will be a glitch every once in a while," Hannigan said.
                                                                                                                                                                                                                                                                            "When that happens, we work to fix it. But the lifesaving
                                                                                                                                                                                                                                                                            potential [of red-light cameras] is phenomenal. The normal
                                                                                                                                                                                                                                                                            reduction of accidents after a year is 40 to 50 percent."

                                                                                                                                                                                                                                                                            There are key differences between the way Los Angeles and
                                                                                                                                                                                                                                                                            San Diego set up their programs and the way Gwinnett is
                                                                                                                                                                                                                                                                            approaching its program.

                                                                                                                                                                                                                                                                            Problem No. 1 was that California cities outsourced their
                                                                                                                                                                                                                                                                            programs to ACS, and then split the revenue with the company.
                                                                                                                                                                                                                                                                            Some critics argued that created a conflict of interest.

                                                                                                                                                                                                                                                                            ACS took pictures of offending vehicles from the front. That
                                                                                                                                                                                                                                                                            meant it had to rely on computer calculations to show a vehicle
90. Are the cameras being deployed in Chapel Hill recycled from other jurisdictions (like               The equipment is new.                                                             ACS/
Charlotte, where ACS lost its contract to operate) or are the brand new? If they‘re recycled, will                                                                                        TOWN
the previous maintenance logs be available for inspection by the public?
                                                                                                        ACS is required to install new equipment in Chapel Hill.

Publishing Data Relevant for an Informed Public                                                                                                                                           TOWN

Number of Citations and Relevant Additional Information

91. Given that ACS should be collecting the following data, will ACS publish the following type of      The following data will be published on the SafeLight website on a quarterly
statistics on their website in a timely manner (say weekly)?                                            basis:
Number of cars recorded by the cameras, broken down by location and by hour.                            Total violations per location by hour of day, day of week, week of month, month
Number of citations issued, again, broken down by location and by hour. It would be great if they       of year, and year.
published a break down of citations by the amount of seconds the person violated the signal light.      Total payments received by day of week, week of month, month of year, or year.
A breakdown of the residual cars not cited, broken down by reason.                                      Statistical report of billing and collections.
It would be nice if violations were correlated with known public events, say football games, first      Statistical report of revenue collected or billed by type (fine, late fee).
day of college, vacation breaks, holidays, etc.                                                         Number and list of payments from first notice, second notice, and third notice.
A break down of violators based on geographic distribution, to whit, in-town (Chapel Hill),             Number of violations per State (based on registration plate).
Carrboro residents, Durham residents, in-state but out-of-town and out-of-state (say, the parents of         g. Number of violations at specified speeds.
our out-of-state students). If possible, it would be interesting to see if the number of students hit
with this fine could be determined.
A break down showing recidivist.
A break down of those, if there are any, excepted for special reasons (emergency vehicles, city
vehicles, city buses, etc.).
A reporting of monies collected by week, month and year. These monies further broken down into
those collected on out-of-state, in-state, etc. (as above).
Number of first level appeals and how many were successful.
Number of second level appeals and how many were successful.
Number of Crashes
92. Considering that a number of red-light citations are issued to inebriated drivers, how did ACS      Not applicable                                                                    ACS
breakout the number of red-light camera citations expected to be issued to this especially
dangerous driving subclass?




                                                                                                                                                                                            11
93. For instance, ACS has recently published statistics trumpeting the success of the system in        Not applicable.                                                                ACS
Charlotte in reducing the number of red-light intersection accidents. I haven‘t been able to find a
detailed analysis of this information that breaks out additional contributing factors in this decline,
specifically, tougher driving and drinking enforcement or the improvement in Charlotte‘s roads or
the increased traffic sluggishness at specified intersections that mitigate such collisions. Will ACS
be expected to give these type of data break outs so the citizenry can properly evaluate the efficacy
of the system?

94. Prior to the deployment of the system, was any analysis made to determine the number of         No.                                                                               TOWN
citations that would be issued to incautious drivers versus dangerous drivers (drunk for instance)?
This analysis is crucial, because if the analysis showed that 80% of the accidents were caused by
dangerous drivers, one could only conclude that only our honorable police officers would provide a
real defense, as taking a picture of a drunk driver doesn‘t forestall their dangerous activity.




Fair and Balanced Website
                                                                                                                                                                                      TOWN   If the link is to NHTSA, the State of California's Office of the Auditor,   “We do not investigate whether city governments purposefully
95. How can information that contradicts the inaccurate information on the website be added (in       The Town‘s goal is to provide accurate and balanced information through it             the State of Michigan's Department of Transportation, ITREs'                reduce amber phases to increase
the interest of a fair and balanced representation of the red-light camera issue)?                    SafeLight website. Only links to other NC SafeLight Programs and government            recommendations of what measures to take before deploying a RLC,            the number of red light violations, as purported in the Armey Report. Yet, it
                                                                                                      agencies are placed on Town SafeLight website.                                         etc. it would be fine to have it added? Why not linking to a scientific     is clear from our
                                                                                                                                                                                                                                                                         analysis that reducing the amber phase is an effective way to increase the
I'm assuming, that since this website is associated with our government, this is an acceptable                                                                                               analysis showing that red-light running is primarily inadvertent
                                                                                                                                                                                                                                                                         number of (inadvertent)
request. So, what is the mechanism for adding these links?                                                                                                                                   (http://www.uta.edu/depken/P/redlights.pdf)? As far as mistakes, what       red light violations, which may increase the revenues generated by camera
                                                                                                                                                                                             about the following safelight site quote " Nationally, drivers who run      systems. However,
                                                                                                                                                                                             red lights are responsible for an estimated 260,000 crashes each year,      increases in local revenue must be weighed against the potential property
                                                                                                                                                                                             of which about 750 are fatal. Red light running is a big part of the        and human damages
                                                                                                                                                                                                                                                                         21
                                                                                                                                                                                             problem.", which omits                                                      incurred by red light violations. Creating a situation in which drivers are
                                                                                                                                                                                                                                                                         forced by physical laws
                                                                                                                                                                                                                                                                         to violate man-made laws seems counter to efficient public policy,
                                                                                                                                                                                                                                                                         Rather than focusing on civil liberties as in the Armey Report, we argue
                                                                                                                                                                                                                                                                         against cameras
                                                                                                                                                                                                                                                                         because they are less effective in reducing inadvertent red light violations
                                                                                                                                                                                                                                                                         than alternative, perhaps
                                                                                                                                                                                                                                                                         less expensive, policies. These alternatives would target the velocity that
                                                                                                                                                                                                                                                                         individuals can attain.”
96. For instance, links to NHSTA studies showing the fallacious reasoning underlying the              The purpose of the Town‘s SafeLight website is to provide general information   TOWN   I believe this is very problematic. Right now, the
deployment of red-light cameras or the Australian studies showing a 70% increase in rear-ending? regarding the Town‘s program. Citizens interested in comparing/contrasting                  safelight.townofchapelhill.org web site is a sales brochure for a
What about adding a comparison/contrast link highlighting the report commissioned by San Diego information about other programs can do so if they wish.                                      product, the ACS red-light camera system. Is it legal for the town
that repudiates the California auditor‘s report (currently posted on the site) or the later auditor‘s                                                                                        to promote a business?
reports that re-evaluate this earlier report‘s conclusions in a somewhat less jubilant fashion?


97. What review, if any, is being done by Chapel Hill to verify the accuracy of the information       The Town verifies the accuracy of the data it places on the website. However,   TOWN   If the town verifies the accuracy of the data, why has it omitted the
presented on the web site?                                                                            the Town cannot verify the accuracy of data that is provided by linked                 subsequent California audits? Why provide a link to the Charlotte site,
                                                                                                      communities or programs.                                                               but not to this
                                                                                                                                                                                             (http://www.charmeck.org/Departments/Transportation/Special+Progra
                                                                                                                                                                                             ms/SafeLight+Crash+Analysis+2001.htm) report which, while
                                                                                                                                                                                             endorsing the system, still shows the system doesn't decrease problems
                                                                                                                                                                                             at every intersection and suggests they increase at some?
Privacy Concerns
Most of these questions cover the privacy issues surrounding a for-profit entity managing personal
information. In pursuit of their stated business goal, ACS will be handling the sensitive
information of possibly hundreds of thousands of citizens. As evidenced elsewhere, this
information is a very salable commodity and has to be protected lest it fall into the wrong hands.
Imagine this system creating thousands of identity thefts and that should put these questions in
perspective.
―Chinese Wall‖                                                                                                                                                                        ACS    What, specifically, then is the relationship of the collection agency and
98. Is ACS prohibited from sharing citation or other data with other entities, specifically, ACS   Yes.                                                                                      ACS? Is it a direct subsidiary? Obviously, ACS must share some data
affiliated companies, ACS divisions or other 3rd parties?                                                                                                                                    to collect on a citation. What written guidelines inform their behavior?
                                                                                                                                                                                             Again, what internal off-shore entity might ACS use to process this
                                                                                                                                                                                             data? What additional safe-guards has ACS taken in that case?

99. What procedures has Chapel Hill instituted to verify compliance with the any guidelines           ACS must follow all applicable Town, State, and Federal Laws.                   TOWN
prohibiting such sharing?




                                                                                                                                                                                        12
100. If ACS should ever violate the ―Chinese wall‖, what are the repercussions? Will Chapel Hill The Contract will be terminated for material breach.                                TOWN
publish the violation? Will this terminate the contract? Are there any financial penalties built into
the contract or mandated by law for such a violation? If so, under what conditions are these
consequences invoked?


101. Specifically, under what guidelines, statutes, regulations, etc. will ACS be required to share   All applicable State and Federal Laws.                                         TOWN
data with state and federal entities?

Web Site Privacy Policy

102. Why does the web site lack a privacy policy, in contravention of established governmental         The Town will evaluate the need for a written privacy policy and will         TOWN
procedure?                                                                                            implement one if deemed necessary.

103. What is the privacy policy as it pertains to communications with the safelight web site?         Information is not distributed beyond ACS and the TOWN unless it is public     TOWN
                                                                                                      information as determined by law.

104. How long are these communications retained?                                                      To the extent required by law.                                                 TOWN

105. Are the communications, their content and, especially, their return email addresses,             Information is not distributed beyond ACS and the TOWN unless it is public     TOWN
distributed to any third parties?                                                                     information as determined by law.
Data Retention

106. How soon, after the determination that a violation has not occurred, will the relevant records    ACS retains records for a minimum of 90 days and will follow all applicable   ACS      What, specifically, are the laws that ACS thinks governs its behavior?
be permanently destroyed? What care is taken to destroy backups of this data? What procedures         laws regarding data storage.                                                            How will the town audit compliance?
are in place to permanently wipe this data off any storage media?

107. Are all potential violations, and their associated data, stored at the local processing office? If ACS follows appropriate security procedures for data management.             ACS      During the discussion of this system, it was represented that all the      The ACLU requests proof that
not, under what conditions is it stored remotely? What procedures are in place to permanently                                                                                                 data would be processed locally. Contrary to that initial assertion, it    the vendor has not withheld files
excise the remotely stored data?                                                                                                                                                              appears, based on a recent media report (http://www.herald-
                                                                                                                                                                                              sun.com/orange/10-396384.html), that this data is going to ACS' D.C.       By Leila Fujimori
                                                                                                                                                                                              office to be reviewed. I believe that the citizens of Chapel Hill need     lfujimori@starbulletin.com
                                                                                                                                                                                              more than a simple assertion that ACS will follow 'appropriate security
                                                                                                                                                                                                                                                                        The American Civil Liberties Union has asked a circuit judge to keep alive
                                                                                                                                                                                              procedures'. What, specifically, are the procedures? Do the procedures its lawsuit alleging violations of privacy rights when the state provided the
                                                                                                                                                                                              cover data retention issues like those expressed in the following       vendor of the defunct traffic camera program with Social Security numbers.
                                                                                                                                                                                              article?http://starbulletin.com/2002/06/04/news/story11.html). Again,
                                                                                                                                                                                              what internal off-shore entity might ACS use to process this data?        ACLU attorney Brent White said he is not satisfied with the state's
                                                                                                                                                                                                                                                                      assurance that the vendor has given up all Oahu driver's license and vehicle
                                                                                                                                                                                              What additional safe-guards has ACS taken in that case?
                                                                                                                                                                                                                                                                        registration information.

                                                                                                                                                                                                                                                                          On April 11, Judge Gary W.B. Chang gave the state two weeks to retrieve
                                                                                                                                                                                                                                                                        personal data given to vendor Affiliated Computer Services.

                                                                                                                                                                                                                                                                           Deputy Attorney General Wayne Matsuura told the judge yesterday the
                                                                                                                                                                                                                                                                        state had complied with his request. Matsuura submitted as proof a letter by
                                                                                                                                                                                                                                                                        an ACS employee in Washington, D.C., stating the company had turned
                                                                                                                                                                                                                                                                        over the computer disk containing the data, has not transferred or kept any
                                                                                                                                                                                                                                                                        copies and has removed the information from its computer system.

                                                                                                                                                                                                                                                                          White dismissed the letter as hearsay and insisted a state official inspect
                                                                                                                                                                                                                                                                        ACS's offices to see firsthand whether the company has complied.

                                                                                                                                                                                                                                                                           It is likely ACS kept information relating to traffic citations issued, said
                                                                                                                                                                                                                                                                        attorney Brook Hart, another attorney representing the ACLU.

                                                                                                                                                                                                                                                                          If ACS sues the state because it has not been paid for work performed, it
                                                                                                                                                                                                                                                                        would need to show the state proof of how many tickets it issued, he said.
108. For violations that are settled (not appealed), how long is the data retained?                   To the extent required by law.                                                 TOWN

109. For violations that are appealed, how long is the data retained?                                 To the extent required by law.                                                 TOWN

110. What procedures does Chapel Hill have to audit ACS compliance with data retention                ACS must follow all applicable laws regarding storing citation records. ACS has TOWN/
guidelines? How often will these audits be performed? Will non-compliance be reported in a            internal auditing procedures and must provide to the client an annual           ACS
public place, like the web site?                                                                      independent certification of the system.

                                                                                                      Financial audit of the project will be performed annually. Reports will be
                                                                                                      published on the web site.




                                                                                                                                                                                       13
Data Sanctity – Chain of Evidence                                                                     The current process preserves due process requirements.                           ACS     I'm afraid that ACS isn't in a position to answer this question. In fact, I   Dick Armey, Rep. Cameras and the Constitution
Given that the current process is a subversion of the generally accepted due process requirements                                                                                               can't believe they tried. We have a process in place where the evidence
most citizens are familiar with, it is extremely important that the rules of evidence used by ACS is                                                                                            is presented at trial, the hearing officer is at a disadvantage to the        Our judicial system rests on the principle that one is to be
above reproach.                                                                                                                                                                                 company, there doesn't seem to be a record of the hearing kept and the        presumed innocent until proven guilty in a court of law. The Bill of
 I imagine that in most cases, ACS will be assumed to have followed the rules of evidence and                                                                                                   defendant has to pay to play. That is not due process. Unfortunately,         Rights adds the guarantee that one has the right to face one's accuser in
have properly maintained the chain of evidence. Still, to retain the public‘s confidence in the                                                                                                 the reticence both ACS and the town have shown answering these                court as well as the right to avoid self-incrimination.
overall fairness of the system, it‘s of the greatest importance that a proper oversight is performed.                                                                                           questions demonstrates a lack of commitment to due process. Due
                                                                                                                                                                                                process is built on a foundation of evidence and it's obvious that there      Red light cameras violate these judicial principles. Consider how some
                                                                                                                                                                                                will be little effort to provide maintenance logs, timing statistics,         jurisdictions treat camera violations. California matches up photos
                                                                                                                                                                                                evidentiary guidelines, audit trails and other factual detail on the          from DMV records to the photograph on the ticket. In theory, if the
                                                                                                                                                                                                operation of the system to help a citizen defend themselves before a          photos are similar, you're guilty. In practice, San Diego's Court Clerk
                                                                                                                                                                                                Hearing Officer. That said, here's how a few other people see the             testified that many drivers received tickets even though they obviously
                                                                                                                                                                                                constitutionality of the red-light camera system. THIS IS                     weren't the one driving. The ticket recipient must either admit guilt or
                                                                                                                                                                                                RHETORICAL, NO NEED TO ANSWER.                                                become an informant against whoever was driving the car.

                                                                                                                                                                                                                                                                              Other jurisdictions don't even bother attempting to identify the actual
                                                                                                                                                                                                                                                                              driver. Instead, they automatically presume the owner of the car is
                                                                                                                                                                                                                                                                              guilty. Some jurisdictions even treat these tickets as "civil infractions"
                                                                                                                                                                                                                                                                              like parking tickets, further eliminating any possibility of a fair judicial
                                                                                                                                                                                                                                                                              recourse when one is wrongly accused.

                                                                                                                                                                                                                                                                              These problems can have serious consequences. In states that assign
                                                                                                                                                                                                                                                                              points to these traffic infractions, an individual can lose his license for
                                                                                                                                                                                                                                                                              offenses he never committed. In addition, cities rely on the postal
                                                                                                                                                                                                                                                                              service to serve notice to alleged violators. If their ticket happens to get
                                                                                                                                                                                                                                                                              lost in the mail, they could be found in contempt of court for ignoring a
111. What process, if any, is in place to insure public oversight of the ―chain of evidence‖? Will   Two photographs and a timing chart are associated with the violation. Town         TOWN/                                                                                 ticket they never received, and face an arrest warrant as a result. These
an audit trail be available to review every step the data generated by the camera went through       employees review and process (approve and/or disapprove) violation citations on    ACS
before it became a violation? What records are associated with the violation?                        a daily basis. The Town will audit ACS procedures on a yearly basis.
112. Will Chapel Hill audit these records to verify that the proper process was followed in          Town employees review and process (approve and/or disapprove) violation            TOWN    What is the written guideline?
generating a violation? How often will ACS be audited to verify their compliance with the            citations on a daily basis. ACS has internal auditing procedures and must
established ―rules of evidence‖? Will non-compliance be published on the web site?                   provide to the client an annual independent certification of the system. The
                                                                                                     purpose of the SafeLight website is to provide general information regarding the
                                                                                                     program.
113. What access, if any, will someone that appeals a violation have to review the electronic ―chain All relevant information is available for appellants‘ review.                      TOWN    Based on the documented Administrative Appeals process document
of evidence‖?                                                                                                                                                                                   (http://safelight.townofchapelhill.org/safelight/pdfs/Appeal_Process.pdf
                                                                                                                                                                                                ), a defendant has the right to review the evidence, as per D.2.E, but
                                                                                                                                                                                                there's no indication how a defendant can collect this evidence or the
                                                                                                                                                                                                evidence they might use for D.2.G (maintenance logs, historical
                                                                                                                                                                                                timings, etc.) prior to the hearing. How would a defendant request this
                                                                                                                                                                                                evidence prior to the hearing?
114. What legal redress will they have to challenge the veracity of the data and to verify that the   Citizens can appeal the citation if they think it is invalid. Town employees      TOWN
proper ―rules of evidence‖ were applied? Will Chapel Hill be ‗spot checking‘ violations, especially   review and process (approve and/or disapprove) violation citations on a daily
ones under appeal, to verify that the proper procedures were followed?                                basis.
115. Will this evaluation include checks, if an appellant should ask, of the data captured to make    Yes.                                                                              TOWN
sure no alteration was performed?

116. If tampering is alleged, what process is in place to forensically determine that data hasn‘t been None                                                                             TOWN    Will the town advise a defendant if the evidence has been altered
altered?                                                                                                                                                                                        under Service Standard 22?
117. Is Chapel Hill prepared to bear the cost of hiring such an expert or does the town already have The Town Council did not approve hiring any new positions in support of the        TOWN
access to such an expert?                                                                              SafeLight Program.

Security
118. Generally, what procedures has Chapel Hill asked ACS to follow to insure the highest levels                                                                                        What is the written guideline?
of security of the data it will be processing? Will Chapel Hill be auditing ACS for compliance to ACS has internal auditing procedures. ACS provides the client with an annual TOWN/
these procedures? How often will these audits be performed? Will the audits findings be published independent certification of camera system operations.                           ACS
on the web site?
                                                                                                  Annual financial audit reports of the program will be published on the SafeLight
                                                                                                  web site.
                                                                                                                                                                                   TOWN
119. Are there procedures in place to prevent the unauthorized access to DMV records by ACS or ACS employees are guided by ethics and privacy guidelines.                          ACS/ What is the written guideline?
its personnel? Does Chapel Hill have an auditing process to verify that ACS is following the                                                                                       TOWN
established, if any, safeguards?                                                                  ACS must follow all applicable State and Federal laws regarding the DMV
                                                                                                  records.




                                                                                                                                                                                          14
120. Are there procedures in place to prevent an employee of ACS from downloading DMV                          ACS established appropriate data management procedures to safeguard personal ACS/       What is the written guideline?
records or other related, personal, data onto removable storage devices or over the network?                   data.                                                                        TOWN

                                                                                                               ACS must follow all applicable State and Federal laws regarding the DMV
                                                                                                               records.
121. Does Chapel Hill have a procedure in place to audit ACS as far as this type security?                     ACS must follow all applicable State and Federal laws regarding the DMV       TOWN      What is the written guideline?
                                                                                                               records
122. What procedures are in place to prevent a town employee from improperly accessing these                   Town employees are guided by ethics and privacy laws applicable to DMV        TOWN      What is the written guideline?
records?                                                                                                       records.

Inaccurate Data
123. What procedures are in place to correct inaccurate data? If the inaccurate data causes an                 The vehicle owner‘s information comes directly from DMV records. If there is TOWN/ What procedure does ACS follow to make sure that an innocent
improper citation to be issued, what is the process for correcting the records? If the inaccurate data         an error in DMV records, the Town will ask ACS to correct inaccurate data by ACS   citizens credit report is not damaged by such an error?
results in a notification to a credit bureau, what procedure does ACS have in place to rectify the             contacting DMV.
credit report?
Improper Usage of Equipment
124. What rules are in place to prevent the retargeting of these cameras for more invasive                     Currently, the Town Code and N.C. General Statues allow only enforcement of   TOWN
surveillance reasons? How will Chapel Hill verify that the cameras are being used for their                    red light violations using cameras.
intended reason?

125. Why is Chapel Hill deploying a comparable number of cameras to Raleigh?                                   Per the agreement, ACS is required to install ―up to‖ 10 cameras in Chapel Hill. TOWN See question 126.
                                                                                                               The City of Raleigh intends to install up to 20 cameras.
126. Considering that Raleigh had documented many more red-light violations and accidents and,                 Per the agreement, ACS is required to install ―up to‖ 10 cameras in Chapel Hill. TOWN If the issue is to decrease rampant red-light running, why is the town
obviously, is somewhat larger than Chapel Hill, how is the number of cameras justified?                        Location of the cameras (except the first two locations) will be selected             randomly selecting (other than for scientific study), the remaining
                                                                                                               randomly selected by ITRE .                                                           intersections? Does that mean that the 10 worst intersections are
                                                                                                                                                                                                     comparable as far as the depth of their supposed problem? Or is it
                                                                                                                                                                                                     we're playing Russian Roulette with our citizens lives?
127. As brought out in last year‘s debate over the deployment of these cameras, it was suggested               We are unaware that a vendor suggested that it would require about 10 cameras TOWN If my recollection is faulty, can you explain, then, why 10 cameras
by the vendor that it would require about 10 cameras to make the system financially worthwhile.                to make the system financially worthwhile. Crash data for each camera location        were selected? This is 1/2 as many as Raleigh MIGHT put in and 1/2
Is this why there are 10 cameras proposed for Chapel Hill? Where are the crash and other                       is available in the Town Engineering Department and it will be published on the       as many as Charlotte DID have. Considering that approximate less
statistics justifying a similar number of cameras as Raleigh?                                                  website within the next few weeks.                                                    than %3 of their intersections are covered (or were, since Charlotte's
                                                                                                                                                                                                     between systems), why will Chapel Hill have %11 coverage?
128. Can the contract between the town and ACS be published on the website for all the citizenry               The contract is available on the website.                                        TOWN
to review? I‘m sure that the citizens of Chapel Hill can read it and evaluate for themselves
whether this was a good deal or not.
129. Will the council consider a moratorium on the deployment of privately monitored ‗law                      The Town Council may decide on Policy matters as it chooses.                  TOWN
enforcement‘ technology, such as speeding cameras, crosswalk cameras, ‗beggar‘ monitoring or
any other type scheme?


130. If the council will not issue a blanket prohibition on such devices and services, what method The Town Council has not authorized such programs.                                        TOWN      Why, then, does the contract have clause 2.6 if it isn't going to
will they use to advertise their interest in such deployment? If a company, say ACS, approaches                                                                                                        authorized in the future? Further, considering there was no public
the town trying to sell such services, when will the citizenry be advised? Will defects, if there are                                                                                                  discussion of this clause, why does it exists at all?
any, in the administration of the red-light camera system invalidate ACS from further contracts for
any other service with the town?

131. The web site http://safelight.townofchapelhill.org/safelight/dev/how.htm says that town employees will    Town Engineering staff review and approve/disapprove the citations.           TOWN/ How much time do are engineers spend on this program? This
be reviewing the citations before their issuance. This doesn’t square with the information presented in the                                                                                  TOWN/ program is supposed to cost us 'nothing', wouldn't it be a better use of
public hearings of last year. If this is an accurate, who, specifically, will be reviewing the tickets? 132.
DOT personnel review tickets. What, if any, relationship do they have with ACS? Customer/vendor.               Town Engineering Staff manages and coordinates the project on a daily basis   TOWN time for our engineers, working with ITRE, to find the town's worst
133. Will ACS be paying these town employees to review the citations? If so, how much (i.e. is there a         with ACS.                                                                           intersections and apply, as ITRE and NHSTA recommends, traditional
performance criteria associated with the process)?                                                                                                                                                 fixes to reduce what they think is a problem large enough to justify
                                                                                                               No.                                                                                 suspension of our right to due process?
134. Has any consideration been made to the impact this will have on the student population and                University staff and police were briefed on the program.                      TOWN/ How did briefing UNC staff and police correct the problem of a
the relationship between the town and the university? My speculation has always been that the                                                                                                TOWN potential delayed delivery of a citation because of the circuitous route
students will be ticketed disproportionately, so, are any procedures in place to monitor the impact                                                                                                the citation might take to get to the student?
of the citations on the students? There is no basis for this speculation. Has anyone determined if             We believe the 30 day limit is reasonable.
the 30-day limit for appeals is problematic for students that have vehicles registered in their
hometown addresses? Is the town prepared to deal with those students, possibly a majority of
students receiving citations, that get the citation to late to appeal because of the citation first goes
to their home address?
135. Has any consideration been made to determine the impact these cameras will have on                        No.                                                                           TOWN
downtown? As someone that works downtown, it appears that these cameras will drive more
people away from downtown, especially when hundreds of citations are given out for what might
seem to many a non-violation (paused in intersection, etc.).




                                                                                                                                                                                                 15
Comment/Supporting Documentation #2   Comment/Supporting Documentation #3   Comment/Supporting Documentation #4




                                                                                                            16
Top Computer Industry Contributors       ―Then there's Affiliated Computer Services, whose assorted companies
to George W. Bush*                       have a host of government contracts in Florida, including managing
                                         Florida's Medicaid Information System. ACS companies have given at
Rank Company Total                       least $140,000 to the state Republican Party this year.‖

1 Affiliated Computer Services $32,325




                                                                                                                17
18
Examples of Mis-calibration of ACS Managed Equipment Los Angeles Issue             From USAToday, http://www.usatoday.com/tech/news/2001-09-06-red-light-        City's red-light citation has couple seeing double
- Specifically From ABC7 Report May 16, 2003                                       critics.htm San Diego suspended its program several months ago when           Pa. visitors sent 2 tickets from same photograph
(http://abclocal.go.com/kabc/news/051603_nw_red_light_camera.html LOS              police learned that Lockheed Martin IMS, the company that then owned the
ANGELES — A timing error in a red-light camera at an East Los Angeles              cameras, had moved sensors, which threw off data at three of 19
intersection snapped photos of passing drivers a half-second early -- a delay      intersections. Last week, Lockheed sold its red-light-camera division to      By Stephen Kiehl
that will cost the county at least $500,000. Of 3,018 erroneous citations          Affiliated Computer Services (ACS) a company in Dallas that provides          [Baltimore] Sun Staff
issued, 2,014 resulted in convictions, 246 were dismissed and 758 remain           information processing services to other businesses. ACS is "very             Originally published August 6, 2003
before the court, according to True Pawluk of the county Department of             disappointed in the ruling," spokesman Mark Maddox says. He disputes that
Public Works. Prompted by an outcry from an activist, the county went to           Tuesday's ruling has an effect outside San Diego. "It was a very narrow
court yesterday, and a Los Angeles Superior Court judge granted its request        ruling based on the way one program operated in one city in California," he   [Excerpt]
to set aside the 2,014 convictions and refund fines to motorists, Pawluk said.     says.
The county will reimburse motorist for the fines, which cost $271 before Jan.                                                                                    "Robert and Barbara Lippmann couldn't quite believe it when they got
1 and $321 afterward. That alone will cost the county at least $500,000. A                                                                                       a ticket in the mail for running a red light in Baltimore. They didn't
spokeswoman for ACS, the company handles the photographic equipment
and, in concert with the Department of Public Works and the California
                                                                                                                                                                 remember running any red light when they were in town for an Orioles-
Highway Patrol, attaches it to traffic signals, said such a mistake or                                                                                           Phillies game in June.
malfunction has never happened before. "This is isolated," said Janis
Langley of Affiliated Computer Systems Inc.'s Washington, DC office. The                                                                                         "But when the Pennsylvania couple got another ticket in the mail for
company is based in Dallas. A company represented added that the
                                                                                                                                                                 running the same red light on the same day - six minutes later - they
company could carry some responsibility for snafu. It is responsible for the
camera itself and its operation, she said. Responsibility for the entire system,                                                                                 knew something had gone terribly wrong: The photos on the two
she added, essentially is split among ACS, Public Works and the CHP.                                                                                             citations were the same.
However, an ACS employee helped install and maintain the system, she
said.                                                                                                                                                            "Baltimore's red-light camera program is run by a private vendor,
                                                                                                                                                                 Affiliated Computer Services Inc., which also runs cameras in Anne
                                                                                                                                                                 Arundel, Montgomery and Prince George's counties.

                                                                                                                                                                 "If the Lippmanns did run the light - albeit only once - they may have
                                                                                                                                                                 been tripped up by the short yellow time at President and Fayette
                                                                                                                                                                 streets. Drivers of vehicles coming down the Jones Falls Expressway
                                                                                                                                                                 onto President Street are given three seconds of yellow, according to




                                                                                                                                                                                                           19
(AFX-Focus) 2003-01-15 21:19 GMT: Former Lockheed Martin
unit sued for allegedly causing employee suicide
A former Lockheed Martin Corp unit is accused in a US lawsuit of
leading a campaign of threats and harassment that led to the suicide of
a Florida county employee allegedly about to blow the whistle on the
company's accounting practices.

The lawsuit was filed Tuesday in Federal Court in Tampa, FL, by the
husband of Janet Gifford-Meyers, a lawyer who worked for Pinellas
County's economic development office until her suicide in April 2001,
and by her former boss, Rick Dodge, who subsequently developed an
anxiety disorder and lost his job.

The suit was filed against ACS State and Local Solutions Inc, a
government-services provider then called Lockheed Martin IMS.

It alleges ACS led a campaign of harassment and smear against the two
Pinellas County employees after Gifford-Meyers and Dodge voiced
strong criticism of its handling of a 15-million-dollar job retraining
contract from the county.

Specifically, it said Dodge and Gifford-Meyers had challenged
Lockheed Martin IMS' lack of documentation for invoices, its failure to




                                                                          20
 Superior Court of the State of California, County of San Diego                http://www.worldmag.com/world/issue/05-31-03/national_2.asp
                                                                               Lights, cameras, class action As in comedy, timing is everything in the
A California court authorized this notice. This is not a solicitation          world of traffic violations. By Chris Stamper As in comedy, timing is
from a lawyer.                                                                 everything in the world of traffic violations. The difference between
PLEASE READ THIS COURT ORDERED CLASS ACTION                                    running a yellow light and getting tagged for a red light violation could
                                                                               be as small as a split second. Traffic cameras perched atop traffic
If you paid a fine, penalty, bail or attorneys' fees as a result of a citation lights were purported to be an accurate alternative to a cop on the beat.
issued from a red light automated enforcement system operated in the But a judge this month ordered Los Angeles County to refund about
cities of Beverly Hills, Cupertino, El Cajon, Indian Wells, Imperial           $500,000 in traffic fines after county officials (responding to an
Beach, Los Angeles, Oxnard, Poway, Redwood City, Sacramento, San activist's complaint) discovered a camera that snapped shots three
Diego, San Francisco, Santa Rosa, or West Hollywood or the County seconds after the light turned yellow—a half-second too soon. Another
of Los Angeles, you may be a member of a class action lawsuit. At              California judge dismissed 290 San Diego tickets in 2001, while
this time, you do not have to do anything to remain a class member.            Washington, D.C., faces a class-action suit over its traffic cameras.
This is to inform you of the Court's certification of two Plaintiff            The suit claims the system violates vehicle owners' right of due process
Classes, the nature of Plaintiffs' claims, and your right to participate in by holding them responsible for traffic violations instead of the driver.
or exclude yourself from these classes.                                        The plaintiffs' attorneys estimated the class could represent more than
                                                                               100,000 people.


What Is This Case About?

The Class Representatives claim that the red light photo enforcement
systems operated in certain cities in California and the county of Los
Angeles are illegal because (1) they are operated by a private, for-profit
corporation instead of government agencies in cooperation with law
enforcement; and (2) the private, for-profit corporation is paid if
money is collected from the red light ticket. The Class Representatives




http://www.ticketassassin.com/ut_0400.html San Diego Union Tribune, 16-
Apr-2000 Sunday Smile and say fees: Cameras catching on for catching red-
light runners Poway recently halted its red-light camera enforcement when
contract negotiations faltered with Lockheed after the company said it
wanted to start charging a monthly fee. "We calculated that we would lose
money on it," said Mike Robinson, Poway's traffic engineer.




                                                                                                                                                           21
http://www.nhtsa.dot.gov/people/injury/enforce/guidance03/Guidancer
eport.pdf
 National Highway Safety Agency Recommendations
3.2 Engineering Study
Before implementing a red light camera program for one or more
intersections where red light running has been identified as a problem, the
State or local agency should conduct an engineering study to determine the
factors contributing to red light running and to investigate countermeasures
that could be implemented to reduce the number of crashes resulting from red
light running. Once identified, cost effective countermeasures should be
applied to address the crash problem.
It is required in section 4C.01 of the Manual on Uniform Traffic Control
Devices (MUTCD) that an engineering study be conducted whenever the
installation of a traffic signal is considered (17). Conditions change over time
once a traffic signal is in place and a high incidence of red light running is a
changed condition that warrants attention by qualified traffic engineers and
traffic safety professionals. Since red light cameras are often controversial,
fully documenting the engineering study provides the material necessary to
address any concerns about the propriety and expected impact of the
proposed photo enforcement camera installation. The documentation should
include a full description of the operation of the intersection, assessed
throughout the day. The engineering study must also review pedestrian and
bicycle conditions at the intersection. For further discussion of the
engineering study requirement, refer to the MUTCD at
http://mutcd.fhwa.dot.gov/.
For a complete description of the steps in an engineering study, please refer to
ITE‘s Manual of Traffic Engineering Studies (16) .
4.0 COUNTERMEASURES AND THEIR APPLICATIONS




                                                                                   22
From Red Light Camera Enforcement System in Baltimore City:                      From: "Diamond, Richard" <Richard.Diamond@mail.house.gov>                  Richard Diamond
For Revenue or Safety?                                                           Subject: CA Camera Report: Privacy Problems, Short Yellow,                 Office of the Majority Leader
ByKeith E. Mathews, Administrative Judge, District Court for                     Revenue Motive                                                             US House of Representatives
Baltimore City                                                                   Date: Wed, 24 Jul 2002 20:35:41 -0400                                      202-225-6007 / www.freedom.gov
       Although a person who runs a red light at .5 seconds does commit a
violation, it is doubtful that a police officer using only the naked eye could   A new report by the California State Auditor proves several important      "And it's true in a few intersections we found a few more accidents
discern that a violation has taken place in half a second or less. Therefore,    points:(1) Most red light camera violations happen within the first        than
allowing advanced technology to issue citations when a police officer would      second                                                                     prior to the red light photo enforcement. At some intersections we saw
likely not do the same under the same circumstances, grants greater police       of yellow; (2) Serious privacy problems exist; (3) Revenue is officially   no
power to the RLCES. A grace period would give the public confidence in the
                                                                                 one of LA's camera motives. The report can be found here:                  change at all, and at several intersections we actually saw an increase
program but would reduce revenue.
                                                                                                                                                            in
        In a rough analysis of 181 citations issued by the Baltimore City
RLCES, approximately 30% were issued with an infraction time of .3 seconds       http://www.bsa.ca.gov/bsa/pdfs/2001125.pdf                                 traffic accidents." -- San Diego Police Chief David Bejarano,
or less. This is a large number, especially considering the fact that other                                                                                 Nightline,
jurisdictions employing RLCES have a minimum of .3 seconds delay time            [ 1 ] Cities banking on inadequate yellow time                             7/30/01
during which a citation will not issue.
                                                                                 According to the report, "a significant percentage of the issued           "I would have to say that the cameras themselves have not reduced the
                                                                                 citations                                                                  number
                                                                                 are for red light violations that occur within one second of the light     of (injury) collisions that have happened at these intersections," said
                                                                                 turning red." (p. 43). What this means is that if the yellow light is      Elizabeth Yard, an analyst with the San Diego Police Department's
                                                                                 extended a mere second, the majority of the red light running problem      traffic
                                                                                 goes                                                                       division. -- San Diego Union-Tribune, 9/2/01
                                                                                 away, as we have found happen in several communities including San
                                                                                 Diego,
                                                                                 and Fairfax, VA. Here's the data:

                                                                                 <?xml:namespace prefix = o ns = "urn:schemas-microsoft-
                                                                                 com:office:office" />




                                                                                                                                                                                                     23
24
Harvey Braswell, an ACS executive, said talks about damages were
ongoing but declined to comment further.

In a written reply Monday to the state's letter, the company said ACS
has ''accepted responsibility for $157,000 in liquidated damages'' for
start-up problems. But ACS also denied that several contract
requirements were breached.

Community Health board member Kip Plowman, an Augusta
accountant, said the ACS system, touted as state of the art, has actually
added paperwork for physicians, hospitals and other medical providers.

Plowman said the computer problems are compounding the financial
crunch that medical providers face, with Medicaid reimbursement cuts
of up to 10 percent going into effect next month. The Medicaid
program covers more than 1.2 million low-income Georgians, while
PeachCare covers about180,000 uninsured children in the state.

Plowman expressed skepticism that the past and current payment
problems would be worked out in 90 days.




                                                                            25
26
27
28
ACLU Urges Halt to Use of Red-Light Cameras Until Privacy and
Fairness Issues Are Addressed

Statement of Barry Steinhardt
Associate Director, American Civil Liberties Union
Thursday, August 23, 2001

NEW YORK--Many American cities are installing controversial "red-
light camera" systems that photograph vehicles allegedly running red
lights or stop signs and then use the license plate to look up the owner's
address and mail him or her a ticket.

The ACLU believes that the use of red light camera systems should be
halted or delayed until the due process and privacy issues they raise
have been properly settled.

There are two issues of fundamental fairness with the cameras that
affect the right to due process under the law. First, the tickets are sent
to the owner of a car, who was not necessarily the person committing
the alleged violation. The burden of proof usually then falls on the
owner to prove he or she was not driving at the time. This is a violation
of the bedrock American principle that the accused be considered
innocent until proven guilty.

Second, many red-light camera systems have been installed under
contracts that deliver a cut of ticket revenue to the contractor. That
creates an obvious incentive to contractors to "game" the system in




                                                                             29
30

								
To top