Joint Rules and Open Government Committee and Committee of the Whole Meeting - September 30, 2026

The Rules and Open Government Committee (ROGC) met jointly with the Committee of the Whole on Wednesday, September 30, 2026, at 2:00 PM in a hybrid format. The committee reviewed the final agenda for the October 6 City Council meeting, approved the consent calendar, discussed a memo on Council transparency and non-disclosure agreements, and combined two related items on Automated License Plate Reader (ALPR) data access and safeguards. Extensive public comment was heard, particularly on the ALPR items. All actions were unanimous (5-0).

Consent Calendar

• The committee approved the consent calendar (7 items) by a 5-0 vote. Items included: receiving the public record (September 17-24, 2026); amending the Public Safety, Finance and Strategic Support Committee work plan to drop a Downtown High-Acuity Referral System status report; reviewing a joint special meeting agenda with the San José/Santa Clara Treatment Plant Advisory Committee; authorizing travel for the Mayor’s Director of Innovation to attend a convening in New York City (October 7-9, 2026); approving free use of the rotunda for the “Conversations for Good 2026” event; approving the District 9 End-of-Term Farewell Celebration as a city council sponsored special event; and retroactively approving the Golden State Valkyries Flag Raising event.

Public Comments & Testimony

• Item C1 (NDA transparency): Brian spoke in support of transparency, urging that public comments be considered. Virtual speaker Jordan argued the policy should apply to all city staff, not just councilmembers, and requested an immediate scope expansion. The committee did not amend the motion.
• Items C2 & C3 (ALPR safeguards): Over 30 speakers testified, most representing organizations such as Siren, Silicon Valley Democratic Socialists of America, Safety Over Surveillance Coalition, Bay Resistance, and community members. Speakers uniformly urged the city to cover all Flock cameras, cancel the contract with Flock, conduct an independent audit, and hold the police chief accountable. Many cited the egregious breach where an SJPD officer used ALPR data to stalk a domestic violence survivor (his cousin) and noted that the police chief had previously assured the council that data was secure despite an open investigation. Several speakers argued that no amount of regulation can prevent intentional abuse and that mass surveillance violates constitutional privacy rights. A few speakers also linked the issue to ICE surveillance and the need for warrants. No speaker supported the current ALPR system.

Discussion Items

• C1: Council Transparency and Private Non-Disclosure Agreements – Councilmember Kamei noted the importance of looking at neighboring jurisdictions and possibly including leadership staff. The committee approved the workload analysis, directing staff to return with policy options for full council consideration in early 2027. Motion carried 5-0.
• C2 & C3: Automated License Plate Reader Data Access and Safeguards – The committee combined the two memos (one from Mayor, Foley, Candelas, Casey; the other from Kamei, Tordillos, Cohen, Mulcahy). Vice Mayor Foley explained that the committee’s role is to send items to staff for workload analysis, not to make final policy decisions; full council will decide on covering cameras, canceling the Flock contract, and independent auditing. Councilmember Duan noted he had initial concerns about a private right of action but acknowledged the Police Officers’ Association had not objected. Councilmember Cohen emphasized the need for multi-factor authentication, criminal penalties for misuse, and independent police auditor oversight. Both memos were directed to staff for a merged workload analysis, to return to the committee in approximately three weeks. Motion carried 5-0.

Key Outcomes

• Approved the final agenda for the October 6 City Council meeting, moving the Civil Service Commission interview to the end (5-0).
• Approved the consent calendar (5-0).
• Directed staff to develop policy options on prohibiting councilmember NDAs related to city business, with a return to council in early 2027 (5-0).
• Directed staff to merge the two ALPR memos into a single workload analysis and return to the committee within three weeks for further consideration; final policy decisions to be made by the full City Council (5-0).
• Adjourned at 2:55 PM.