Question	Response	TOWN/ACS
Ethical Operation of Red-light Camera Program 1. The company operating this system has an inherent conflict, how do you maximize profit without sacrificing the pretense of due process?	There is no conflict of interest because: Location of the Cameras are selected by the TOWN/ITRE. Town personnel review, and approve the notices of violations.	ACS
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 decision to deploy these cameras? 3. Will ACS refrain from hiring employees or elected officials associated with the decision to deploy these cameras?	ACS will comply with any applicable post-government employment laws.   ACS will comply with any applicable post-government employment laws.	ACS ACS
4. If it is possible to work for ACS after being involved in either of these capacities, is there a minimum time period involved or can they stop working for Chapel Hill one day and work for ACS the next?	ACS will comply with any applicable post-government employment laws.	ACS
5. Will the council establish some minimum guidelines to avoid the appearance of impropriety in terms of the ‘revolving door’?	The Town goal is operate the program in a fair and balanced manner.	TOWN
6. Is there an expectation that any of the researchers associated with Institute for Transportation Research and Education (ITRE) will follow any guidelines set forth by the council or will researchers specifying the location and justification for additional cameras be able to get recompense from ACS, an ACS subsidiary or affiliated company after making such determinations?	The Town of Chapel Hill selected only the first two locations. The remaining locations will be randomly selected by ITRE based on the characteristics (such as accident data) of the intersections. A copy of the ITRE proposal is provided in Attachment 4.	TOWN
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) contributions, direct or indirect made to the ITRE, its researchers and students prior to the and after the deployment decision (i.e. including ongoing and future reportage)?	ACS will comply with applicable legal requirements regarding contributions.	ACS
Question	Response	TOWN/ACS
8. Will ACS report and place on the website a record of, if any, monetary contributions made directly or indirectly to any public officials or employees of Chapel Hill?	ACS will comply with applicable legal requirements regarding contributions.	ACS
9. For instance, this would include paying for traffic engineer’s attendance at conferences, meetings, etc.  This would also include any sponsored meetings at any other venue.  In addition, contributions made to elected officials campaigns, donations made to groups associated with these officials, grants given to city sponsored organizations that lobbied for these cameras or grants given (or being anticipated to be given) to IRTE or its related personnel, to name a few examples.	ACS will comply with applicable legal requirements regarding contributions. ACS has not and will not pay for the Town Traffic Engineer to attend conferences sponsored by ACS. The Town pays for employee attendance at approved conferences and business meetings.	ACS TOWN
10. Does ACS pay, directly or indirectly, any town employee for work done directly or indirectly involving this program or any other program associated with ACS?	No. ACS has a contractual arrangement with the Town of Chapel Hill.	TOWN/ACS
11. Will ACS be providing any facilities or vehicles for the town employees can review these citations?  Will ACS be providing any other services for these employees?	ACS is contractually required to provide office space in the ACS Chapel Hill Customer Service Office for Town employees to review citations	TOWN/ACS
12. Will ACS provide this information as it pertains to any previous private or public employment of such an affected employee, for instance, Kumar Neppalli, whom it appears worked with ACS, for the city of Fayetteville, prior to working in Chapel Hill (http://heraldsun.com/orange/10-383561.html)?	Privacy laws restrict disclosure of such information. Mr. Neppalli may wish to answer questions regarding his previous employment directly to the petitioner.	ACS
13. Will ACS document the costs associated with the safelight website?	The communications program (including the website) is a contract requirement.  ACS is not required to document the website development costs.	TOWN/ACS
14. Is the websites cost considered a donation to the town?	The communications program (including the website) is a contract requirement.	TOWN/ACS

Question	Response	TOWN/ACS
15. What, if any, influence did this ‘in kind’ payment have on the awarding of the contract to ACS?	None. The website development is a contract requirement.  ACS was awarded the contract through competitive bid.	TOWN/ACS
Additional Monetary Considerations 16. Are there any monetary quotas dictated by the contract that might influence either party to, one, act in an unethical fashion or, two, cause an excessive number of cameras to be deployed?	No.	TOWN/ACS
Hearing Officers 17. Considering that there’s a potential for the monetary motive to perturb the just and regular exercise of the appeals process vis-à-vis the hearing officer, what special, if any, safeguards are in place to monitor their performance?	Hearing Officers were appointed by the Town Council and may be removed by the Town Council.	TOWN
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 be published as per the hearing officer?	Yes	TOWN
20. Are there any procedures in place for a hearing officer to report any negligence or malfeasance, if any should ever occur, in the operation of the system?  What protections, if any, would be offered in such cases?	Maintenance log sheets of camera equipment is a part of the each hearing packet provided to the Hearing Officers. Hearing Officers may report to the Council as they desire.	TOWN
General 21. Will ACS publish statistics that clarify how many citations are dismissed for ‘exceptional’ reasons?	ACS does not own the data; it belongs to the Town.  The Town will keep a record of the number of citations issued and dismissed.  These numbers will be posted on the SafeLight website by location.	ACS/Town

Question	Response	TOWN/ACS
Non-public Communications 22. Can ACS be directed to publish any communications with employees of Chapel Hill or with elected officials that directly bear upon the decision to use these cameras?  Could all relevant communications be published to assure the public that all relevant facets of the system are being discussed in an open manner?	Yes. Communication between Town employees and ACS regarding the SafeLight Program is covered by North Carolina Public Record Laws.	TOWN
23. What communications, if any, has the company’s lobbyists had with employees or elected officials bearing on the current use of and the continued use of the cameras?	None	TOWN/ACS
24. What discussions, if any, has the company or its lobbyist had with employees or officials in terms of defending the usage of these cameras?	None	TOWN/ACS
25. Has the company provided speaking points or strategy overviews in defeating any public concerns in deploying the cameras?   If so, can these speaking points and suggested PR strategies be published on the website?	ACS is required by contract to assist the Town with implementation of a Public Information Program regarding the SafeLight Project.  Please see Section 2.10 of the agreement between the Town and ACS.	TOWN/ACS
26. What plans, if any, have been discussed with employees or officials, in extending the use of other surveillance technologies offered by ACS?  Can these plans, if any, be published on the website?	None	TOWN/ACS
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 Hill. Please see Exhibit 1, Performance Standards of the Agreement between the Town and ACS.	TOWN
28. Are these performance goals tied to the revenue these cameras generate for ACS and the town?	No.	TOWN

Question	Response	TOWN/ACS
29. If case of negligence in the operation of the system, will the contract be invalidated? Is there specific numbers of errors that ACS can commit before the contract is invalidated?	Yes. ACS has to comply with all elements of the contract.	TOWN
30. For instance, in Los Angeles, the county had to reimburse $500,000 in citations because of an error ACS committed http://abclocal.go.com/kabc/news/051603_nw_red_light_camera.html ], would that be considered enough of a problem to invalidate the contract?	ACS is not aware of any such errors.	ACS
31. If ACS, or any other vendor operating the system, is deemed to have violated the law or any other ethical standards in the management of this business or any other of its businesses, either here or nationally, will that invalidate the contract (a morals clause, so to speak)?	The contract may be terminated for material breach.	TOWN
32. What legal actions, if any, are currently being taken against ACS as far as these cameras being deployed nationally and within our state?  To the extent there are any material legal proceedings, they are reported in SEC filings. If there are any, could the appropriate information be posted on the web site along with any links to relevant court and settlement documents?	ACS does not comment on legal matters. The purpose of the Town SafeLight website is to educate Town residents on the operation of the Town SafeLight program and to promote traffic safety.	ACS TOWN
Provisions for Whistle Blowers 33. What procedures are in place at ACS to handle internal issues with the performance of the system?  Performance issues are promptly reported to the City.	ACS employees comply with ethics and contract requirements.  ACS has an ongoing maintenance program.	ACS
34. Is there a policy protecting internal employees if they should ever need to report on negligence in the maintenance or operation of the system?	ACS employees are guided by ethics policies, rules and regulations.	ACS
35. Do these same protections apply if the system is operated in an illegal fashion?	Yes.	ACS

Question	Response	TOWN/ACS
36. What provisions are being made for employees of Chapel Hill to report potential malfeasance or negligence, if there should ever be any, in the operation of this system?	Town employees are guided by ethics policies, rules and regulations. Violation of the Town Policies may result in termination of employment.	TOWN
37. Will reporting these type issues be encouraged above the normal requirements, considering that the town has ceded a policing function to a private company, or will the basic standards apply?	All Town Projects are treated in the same manner.	TOWN
Cost 38. Where is the detailed breakout of the citizenries cost in implementing this system? Could this information be published on the website?	SafeLight Program is a self-supporting project.  No funds or new positions have been approved by the Council for the program.	TOWN
39. Until the town ‘breaks even’, what are the ongoing costs, both direct and indirect being incurred?  Can a quarterly break down of these costs be published on the web site?	Town staff time spent on the project.  Costs can be reported on the website if the Council so directs.	TOWN
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 project.	TOWN
41. Where is the budgetary line item in the cities budget for these expenses and for managing potential financial liabilities?	No funds or new positions have been approved by the Council for this program.	TOWN
42. If the system is independently audited, who will bear the cost of the audit? How often will this cost be incurred?	Refer to Section 18.2 of the Contract, Audit and 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	TOWN
Question	Response	TOWN/ACS
42 CONTINUED	Contractor half of the expense of the audit after receiving the invoice from the Contractor.  In addition, the Contractor must agree to periodic and random inspections of the Project records and equipment by duly authorized Town staff and the independent auditor.  The results of the audit are to be the basis of an annual performance review of the Contractor.	TOWN
Potential Civic Financial Liabilities 43. What if the town has to refund citations? Will ACS indemnify our community from such costs? Considering the volume of citations ACS plans to issue, what insurance has the town taken out (so to speak), to protect the citizenry from having to cough up a large settlement? For instance, like $500,000 in the Los Angeles case cited above or the numerous others detailed previously by those standing against this deployment.	Town cannot respond to hypothetical situations.	TOWN
44. Is Chapel Hill prepared to deal with a large class action suit, such as the one presently being pursued in California?	Town cannot respond to hypothetical situations.	TOWN
45. Will Chapel Hill have sufficient resources (insurance, etc.) to deal with such a large action (as might be expected if a large number of students, for instance, are cited and decide to act as a class)?	Town cannot respond to hypothetical situations.	TOWN
46. Is Chapel Hill immune from such actions considering that it is well publicized that such actions are being pursued, both at the municipal and state levels, elsewhere?	Town cannot respond to hypothetical situations.	TOWN
47. What if someone sues the town after a rear-end accident considering it was probable that the increase in this type of accident is foreseeable?	Town cannot respond to hypothetical situations.	TOWN
48. Especially considering today’s litigious society, what protection does the town have from 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?	Town cannot respond to hypothetical situations.	TOWN
49. What if someone sues Chapel Hill because the high intensity flash from the camera causes an accident, especially considering it’s a known consequence of using these cameras?	It is not a known consequence. The Town cannot respond to hypothetical situations.	ACS TOWN

50. What liability does the town incur when the number of citations decrease (as it appears they historically do)?  As happened in Charlotte [ 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 Hill?	The fundamental purpose of the program is to promote public safety. A decrease in number of citations is evidence of success.	TOWN
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 or failure of the red-light camera deployment?  52. What criteria are being used to evaluate the system as a whole?  53. Will metrics be accumulated and posted in a public forum, say the web site, so that the public 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?	ITRE will conduct a before and after study of the Chapel Hill SafeLight Program.  In addition to this, Town staff conduct a before and after accident analysis at camera locations. Yes. Question is vague and unanswerable.	TOWN TOWN TOWN
55. In the criteria for success or failure, is one of the parameters the revenue generated by the camera or is the evaluation done without considering the financial aspect?	Evaluation will be done without consideration of the financial aspect.	TOWN
Apples to Apples Comparison of Safety 56. In reviewing the data collection methodology used to justify these cameras, it isn’t obvious why certain intersections were selected.  57. Could the specific criteria in selecting these intersections, including the historical accident rates and types, be published?	The first two camera locations were selected based on accident data, speed limit violations, traffic congestion, and citizen complaints. The remaining locations will be selected by ITRE based on its study parameters. Yes. It will be on the website within the next month and the website will be updated with available information.	TOWN
Question	Response	TOWN/ACS
58. Could the statistical methodology used to determine these sites also be published?  Also, could the some additional analysis be provided to explain why some intersections that seemingly are equivalent were treated differently?  In this analysis, how was an ‘apple-to-apple’ comparison performed?	The first two camera locations were selected based on accident data, speed limit violations, traffic congestion, and citizen complaints. The remaining locations will be selected by ITRE based on its study parameters.	TOWN
59. In order to determine the deployment strategy, and to eliminate the profit motive as a compelling factor, this information is required.  For instance, one of the complaints against the Charlotte system was 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 [http://cbs2.com/specialassign/local_story_055160148.html ].   How is one to determine whether the same faulty analysis wasn’t applied in Chapel Hill?	The first two camera locations were selected based on accident data, speed limit violations, traffic congestion, and citizen complaints. The remaining locations will be selected by ITRE based on its study parameters.	TOWN
60. Could ITRE publish the relevant NHSTA, NC-DOT or other standards they have and will use in the evaluation of the both the systems performance and the selection of additional sites?	The Town has requested this information from ITRE and will make it available to the extent allowed by law.	TOWN
Monitoring New Categories of Accidents 61. What additional information, if any, will be gathered to determine if a new class of accidents are occurring at the intersections covered by the cameras?  For instance, will additional data be collected on accidents caused by rear ending or caused by the intense flash of the camera? How will the baseline for accident studies be calculated?	Detailed accident analysis by type and cause.  A comparison of before and after accident analysis by type will be conducted by Town staff in addition to the ITRE study	TOWN
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?  Such logs would detail when each camera received maintenance, whether the maintenance was expected or extraordinary (i.e. fixing a mechanical/electrical/software problem), who did the maintenance, etc.	No. The purpose of the SafeLight web site is to provide general information regarding the project. The Town will make maintenance logs available to citizens on an as needed basis.	TOWN/ACS

Question	Response	TOWN/ACS
63. Can the detailed settings of each camera and associated signal light be published?  For instance, at Airport Rd. and Estes, what are the red, yellow and green light timings?  modifications for these timings?   64. What is the historical record of justification was used in modifying these timings?  65. Finally, where are the parameters for the settings coming from?  Is it ITRE or NC-DOT or NHSTA or some homegrown variant?	The settings and timings are public information and are available for review in the Town Engineering Department. The signal timings at camera locations are established by the State.  Any changes to the timings are documented and are available for public review. The NCDOT.	TOWN TOWN TOWN
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 phase. The delay time is 0.3 seconds.  A detailed description of ‘How Cameras Work” is available on the Safelight website.	TOWN
67. Can the relevant dimensions of the intersections be published?	This information is available for review in Town Engineering Department.	TOWN
68. Again, at Airport Rd. and Estes (an intersection I drive through at least 8 times daily), it appears that the paint crew modified the stopping line and other markers in the intersection.  Why, specifically, was this modified?	The stop line was not modified. The State repainted it as a part of its annual maintenance program.	TOWN
69. Can the relevant work history of the maintenance personnel be published?	This information is subject to privacy laws.	TOWN/ACS
70. Will the public be able to determine the work and training history of those people so important to the proper operation of this private ‘policing’ function?	Personnel Privacy laws restrict access to employee records.	TOWN

Question	Response	TOWN/ACS
Validation of the Software Running the Camera System 71. Has the software been independently verified to follow the customary standards for high-risk software?  If so, what organizations have validated the software?	Not applicable. ACS software must meet the Performance Standards specified in Exhibit 1 of the Agreement.	ACS TOWN
72. Is the software that operates this system, both in the camera and the office, available for public review?	The software is proprietary.	ACS
73. What procedures, if any, have been installed to prevent tampering with the software?  What ‘in-house’ auditing procedures are in-place to guarantee that the software hasn’t been tampered with?	ACS has internal auditing procedures.  ACS provides to the client with an annual independent certification of the system.	ACS
74. What steps has Chapel Hill taken to make sure that the software is validated against the normal standards for such high-risk usage?	ACS software must meet the Performance Standards specified in Exhibit 1 of the Agreement.	TOWN
75. Considering that this software is directly responsible for the issuance of citations, that there is no real due process and no real governmental oversight, what steps is Chapel Hill taking to verify the software running the system is bug free?	ACS software must meet the Performance Standards specified in Exhibit 1 of the Agreement.	TOWN
76. What auditing, if any, will Chapel Hill independently perform to verify the proper installation of the operating software? 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?	ACS software must meet the Performance Standards specified in Exhibit 1 of the Agreement.	TOWN
77. What procedures has Chapel Hill instituted to verify that the software deployed in the system is the validated software?  Considering that a maintenance upgrade of the software in the camera or elsewhere could cause a variance in its operation, what steps are being taken to ‘re-validate’ the software?	ACS software must meet the Performance Standards specified in Exhibit 1 of the Agreement.	TOWN

Question	Response	TOWN/ACS
78. Will any bugs or improper operation of the software, either in the processing office or the camera be tracked? 79. In terms of legal discovery, shouldn’t this information be published on the web site?	ACS regularly maintains its systems and equipment.  Not the purpose of the website.	ACS TOWN
80. What network access, if any, does the camera software utilize?  If it does access a network, what precautions have been taken to protect the data flowing across the network?	ACS adheres to appropriate security measures and follows proper protocols.	ACS
81. What checks is Chapel Hill prepared to perform to validate the security of these networks? What checks is Chapel Hill prepared to perform to validate that the data on the network cannot be tampered with, altered or created?	The Town adheres to appropriate security measures and follows proper protocols.	TOWN
82. What network access, if any, does the processing center utilize?  Is this network open to the Internet?  What procedures are in place to prevent the tampering, alteration and destruction of data over the network or on the processing machines themselves?	ACS adheres to appropriate security measures and follows proper protocols.	ACS
83. What audit policies will Chapel Hill perform to verify ACS compliance with expected security practices?	None. ACS must comply with all applicable laws regarding security practices.	TOWN
Validating the Cameras 84. What procedures, if any, are in place to independently verify and validate the correct functioning of the electrical, mechanical and software components of the deployed cameras?	ACS regularly maintains its equipment and its maintenance records/log sheets are reviewed by Town staff.	TOWN/ACS
85. What independent auditor will perform these tasks?	Refer Section 18.2 of the Contract, Audit & Inspection.	TOWN

Question	Response	TOWN/ACS
86. If the system is audited, will the auditors report be made available to the public via the web site?  Will the report contain a record of deficiencies, if any, in the system?	Yes. Yes.	TOWN
87. How often will the correct functioning of the cameras be checked?	ACS regularly performs maintenance checks on its safety cameras.	ACS
88. How often will the software in the cameras be independently checked to verify that it is of the proper, ‘validated’ version?	ACS regularly performs maintenance checks on its safety cameras.	ACS
89. What penalties does ACS incur if a camera has not been properly calibrated?  If a particular camera either repeatedly falls out of proper calibration, for whatever reason, do the penalties increase?	The contract may be cancelled for improper calibration of cameras.	TOWN
90. Are the cameras being deployed in Chapel Hill recycled from other jurisdictions (like Charlotte, where ACS lost its contract to operate) or are the brand new?  If they’re recycled, will the previous maintenance logs be available for inspection by the public?	The equipment is new. ACS is required to install new equipment in Chapel Hill.	ACS TOWN
Question	Response	TOWN/ACS
Publishing Data Relevant for an Informed Public Number of Citations and Relevant Additional Information 91. Given that ACS should be collecting the following data, will ACS publish the following type of statistics on their website in a timely manner (say weekly)? Number of cars recorded by the cameras, broken down by location and by hour. Number of citations issued, again, broken down by location and by hour.  It would be great if they published a break down of citations by the amount of seconds the person violated the signal light. A breakdown of the residual cars not cited, broken down by reason. It would be nice if violations were correlated with known public events, say football games, first day of college, vacation breaks, holidays, etc. A break down of violators based on geographic distribution, to whit, in-town (Chapel Hill), Carrboro residents, Durham residents, in-state but out-of-town and out-of-state (say, the parents of 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.	The following data will be published on the SafeLight website on a quarterly basis: Total violations per location by hour of day, day of week, week of month, month of year, and year.  Total payments received by day of week, week of month, month of year, or year. Statistical report of billing and collections. Statistical report of revenue collected or billed by type (fine, late fee). Number and list of payments from first notice, second notice, and third notice. Number of violations per State (based on registration plate).        g.   Number of violations at specified speeds.	TOWN

Question	Response	TOWN/ACS
Number of Crashes 92. Considering that a number of red-light citations are issued to inebriated drivers, how did ACS breakout the number of red-light camera citations expected to be issued to this especially dangerous driving subclass?	Not applicable	ACS
93. For instance, ACS has recently published statistics trumpeting the success of the system in 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?	Not applicable.	ACS
94. Prior to the deployment of the system, was any analysis made to determine the number of 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.	No.	TOWN
Fair and Balanced Website 95. How can information that contradicts the inaccurate information on the website be added (in the interest of a fair and balanced representation of the red-light camera issue)?   I'm assuming, that since this website is associated with our government, this is an acceptable request. So, what is the mechanism for adding these links?	The Town’s goal is to provide accurate and balanced information through it SafeLight website. Only links to other NC SafeLight Programs and government agencies are placed on Town SafeLight website.	TOWN

Question	Response	TOWN/ACS
96. For instance, links to NHSTA studies showing the fallacious reasoning underlying the deployment of red-light cameras or the Australian studies showing a 70% increase in rear-ending?  What about adding a comparison/contrast link highlighting the report commissioned by San Diego that repudiates the California auditor’s report (currently posted on the site) or the later auditor’s reports that re-evaluate this earlier report’s conclusions in a somewhat less jubilant fashion?	The purpose of the Town’s SafeLight website is to provide general information regarding the Town’s program.  Citizens interested in comparing/contrasting information about other programs can do so if they wish.	TOWN
97. What review, if any, is being done by Chapel Hill to verify the accuracy of the information presented on the web site?	The Town verifies the accuracy of the data it places on the website.  However, the Town cannot verify the accuracy of data that is provided by linked communities or programs.	TOWN
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” 98. Is ACS prohibited from sharing citation or other data with other entities, specifically, ACS affiliated companies, ACS divisions or other 3^rd parties?	Yes.	ACS
99. What procedures has Chapel Hill instituted to verify compliance with the any guidelines prohibiting such sharing? 100. If ACS should ever violate the “Chinese wall”, what are the repercussions? Will Chapel Hill 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 data with state and federal entities?	ACS must follow all applicable Town, State, and Federal Laws. The Contract will be terminated for material breach. All applicable State and Federal Laws.	TOWN TOWN TOWN
Question	Response	TOWN/ACS
Web Site Privacy Policy 102. Why does the web site lack a privacy policy, in contravention of established governmental procedure? 103. What is the privacy policy as it pertains to communications with the safelight web site?  104. How long are these communications retained? 105. Are the communications, their content and, especially, their return email addresses, distributed to any third parties?	The Town will evaluate the need for a written privacy policy and will implement one if deemed necessary. Information is not distributed beyond ACS and the TOWN unless it is public information as determined by law. To the extent required by law. Information is not distributed beyond ACS and the TOWN unless it is public information as determined by law.	TOWN TOWN TOWN TOWN
Data Retention 106. How soon, after the determination that a violation has not occurred, will the relevant records be permanently destroyed?  What care is taken to destroy backups of this data? What procedures are in place to permanently wipe this data off any storage media?	ACS retains records for a minimum of 90 days and will follow all applicable laws regarding data storage.	ACS
107. Are all potential violations, and their associated data, stored at the local processing office?  If not, under what conditions is it stored remotely? What procedures are in place to permanently excise the remotely stored data?	ACS follows appropriate security procedures for data management.	ACS
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 guidelines?  How often will these audits be performed?  Will non-compliance be reported in a public place, like the web site?	ACS must follow all applicable laws regarding storing citation records. ACS has internal auditing procedures and must provide to the client an annual independent certification of the system.  Financial audit of the project will be performed annually.  Reports will be published on the web site.	TOWN/ACS

Question	Response	TOWN/ACS
Data Sanctity – Chain of Evidence Given that the current process is a subversion of the generally accepted due process requirements most citizens are familiar with, it is extremely important that the rules of evidence used by ACS is above reproach.  I imagine that in most cases, ACS will be assumed to have followed the rules of evidence and have properly maintained the chain of evidence. Still, to retain the public’s confidence in the overall fairness of the system, it’s of the greatest importance that a proper oversight is performed.	The current process preserves due process requirements.	ACS
111. What process, if any, is in place to insure public oversight of the “chain of evidence”?  Will an audit trail be available to review every step the data generated by the camera went through before it became a violation?  What records are associated with the violation?  112. Will Chapel Hill audit these records to verify that the proper process was followed in generating a violation?  How often will ACS be audited to verify their compliance with the established “rules of evidence”?  Will non-compliance be published on the web site?	Two photographs and a timing chart are associated with the violation. Town employees review and process (approve and/or disapprove) violation citations on a daily basis. The Town will audit ACS procedures on a yearly basis. Town employees review and process (approve and/or disapprove) violation citations on a daily basis. ACS has internal auditing procedures and must 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.	TOWN/ACS TOWN
113. What access, if any, will someone that appeals a violation have to review the electronic “chain of evidence”?  114. What legal redress will they have to challenge the veracity of the data and to verify that the proper “rules of evidence” were applied?  Will Chapel Hill be ‘spot checking’ violations, especially ones under appeal, to verify that the proper procedures were followed?  115. Will this evaluation include checks, if an appellant should ask, of the data captured to make sure no alteration was performed?	All relevant information is available for appellants’ review. Citizens can appeal the citation if they think it is invalid. Town employees review and process (approve and/or disapprove) violation citations on a daily basis. Yes.	TOWN TOWN TOWN
Question	Response	TOWN/ACS
116. If tampering is alleged, what process is in place to forensically determine that data hasn’t been altered?	None	TOWN
117. Is Chapel Hill prepared to bear the cost of hiring such an expert or does the town already have access to such an expert?	The Town Council did not approve hiring any new positions in support of the SafeLight Program.	TOWN
Security 118. Generally, what procedures has Chapel Hill asked ACS to follow to insure the highest levels of security of the data it will be processing?  Will Chapel Hill be auditing ACS for compliance to these procedures? How often will these audits be performed? Will the audits findings be published on the web site?	ACS has internal auditing procedures.  ACS provides the client with an annual independent certification of camera system operations.  Annual financial audit reports of the program will be published on the SafeLight web site.	TOWN/ACS TOWN
119. Are there procedures in place to prevent the unauthorized access to DMV records by ACS or its personnel?  Does Chapel Hill have an auditing process to verify that ACS is following the established, if any, safeguards?	ACS employees are guided by ethics and privacy guidelines. ACS must follow all applicable State and Federal laws regarding the DMV records.	ACS TOWN
120. Are there procedures in place to prevent an employee of ACS from downloading DMV records or other related, personal, data onto removable storage devices or over the network?	ACS established appropriate data management procedures to safeguard personal data. ACS must follow all applicable State and Federal laws regarding the DMV records.	ACS TOWN
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 records	TOWN
122. What procedures are in place to prevent a town employee from improperly accessing these records?	Town employees are guided by ethics and privacy laws applicable to DMV records.	TOWN
Inaccurate Data 123. What procedures are in place to correct inaccurate data?  If the inaccurate data causes an improper citation to be issued, what is the process for correcting the records?  If the inaccurate data results in a notification to a credit bureau, what procedure does ACS have in place to rectify the credit report?	The vehicle owner’s information comes directly from DMV records.  If there is an error in DMV records, the Town will ask ACS to correct inaccurate data by contacting DMV.	TOWN/ACS

Question	Response	TOWN/ACS
Improper Usage of Equipment 124. What rules are in place to prevent the retargeting of these cameras for more invasive surveillance reasons?  How will Chapel Hill verify that the cameras are being used for their intended reason?	Currently, the Town Code and N.C. General Statues allow only enforcement of red light violations using cameras.	TOWN
General Questions 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. The City of Raleigh intends to install up to 20 cameras.	TOWN
126. Considering that Raleigh had documented many more red-light violations and accidents and, obviously, is somewhat larger than Chapel Hill, how is the number of cameras justified?	Per the agreement, ACS is required to install “up to” 10 cameras in Chapel Hill. Location of the cameras (except the first two locations) will be selected randomly selected by ITRE .	TOWN
127. As brought out in last year’s debate over the deployment of these cameras, it was suggested by the vendor that it would require about 10 cameras to make the system financially worthwhile.  Is this why there are 10 cameras proposed for Chapel Hill?  Where are the crash and other statistics justifying a similar number of cameras as Raleigh?	We are unaware that a vendor suggested that it would require about 10 cameras to make the system financially worthwhile. Crash data for each camera location is available in the Town Engineering Department and it will be published on the website within the next few weeks.	TOWN
128. Can the contract between the town and ACS be published on the website for all the citizenry 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.	The contract is available on the website.	TOWN
129. Will the council consider a moratorium on the deployment of privately monitored ‘law enforcement’ technology, such as speeding cameras, crosswalk cameras, ‘beggar’ monitoring or any other type scheme?	The Town Council may decide on Policy matters as it chooses.	TOWN

Question	Response	TOWN/ACS
130. If the council will not issue a blanket prohibition on such devices and services, what method will they use to advertise their interest in such deployment?  If a company, say ACS, approaches the town trying to sell such services, when will the citizenry be advised?  Will defects, if there are any, in the administration of the red-light camera system invalidate ACS from further contracts for any other service with the town?	The Town Council has not authorized such programs.	TOWN
131. The web site http://safelight.townofchapelhill.org/safelight/dev/how.htm says that town employees will be reviewing the citations before their issuance. This doesn’t square with the information presented in the 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.  133. Will ACS be paying these town employees to review the citations? If so, how much (i.e. is there a performance criteria associated with the process)?	Town Engineering staff review and approve/disapprove the citations. Town Engineering Staff manages and coordinates the project on a daily basis with ACS. No.	TOWN TOWN TOWN
134. Has any consideration been made to the impact this will have on the student population and the relationship between the town and the university?  My speculation has always been that the students will be ticketed disproportionately, so, are any procedures in place to monitor the impact of the citations on the students?  There is no basis for this speculation.  Has anyone determined if 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?	University staff and police were briefed on the program. We believe the 30 day limit is reasonable.	TOWN TOWN
135. Has any consideration been made to determine the impact these cameras will have on 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.).	No.	TOWN