Question Response TOWN/ACS Clarification Request Comment/Supporting Documentation #1 Comment/Supporting Documentation #2 Comment/Supporting Documentation #3 Comment/Supporting Documentation #4
Ethical Operation of Red-light Camera Program   
            Comment/Supporting Documentation #5
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 Other than facilitating supposedly 'good' changes in driving habits (that is, those changes that cause drivers to avoid running red-light's versus those that cause rear-end accidents), what actions will the vendor take to improve safety at these intersections? Red Light Royalties # A CBS 2 Special Assignment Investigation Feb 20, 2003 11:00 pm US/Pacific                                                                           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.”     Comment/Supporting Documentation #6
 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? ACS will comply with any applicable post-government employment laws. ACS Why won't ACS divulge the names of any lobbyist working on their 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 deploy these cameras? 
ACS will comply with any applicable post-government employment laws.  
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.  
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 What, specifically, are the detailed guidelines that the town will use to 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 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 ITRE plans to select the remaining intersections randomly, in order to scientifically evaluate this systems use in Chapel Hill.  How can the town justify this?  Surely, there is a prioritized list of our 97 intersections, worst to best.  In the interest of safety, shouldn't the 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) 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 It is expected that any vendor for the Town  of Chapel Hill will comply with all relevant federal, state and local statutes.  The 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 directly or indirectly to any public officials or employees of Chapel Hill?  
ACS will comply with applicable legal requirements regarding contributions.
ACS It is expected that any vendor for the Town  of Chapel Hill will comply 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?        
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.
Based on the history (,”Cyberdemocracy: Campaign 2000 and the Computer Industry”, ) of ACS aggressively promoting their system through candidate contributions and lobbyists, why can't they simply answer this simple question? AN OBSCURE legislative provision engineered by House Speaker John Perzel gives one of his campaign contributors a leg up on running the city's lucrative red-light traffic camera system.
The company, Affiliated Computer Services of Dallas, already receives $8 million a year for data processing services at the 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, Lockheed and then ACS spent $175,910 on lobbyists in Harrisburg, according to state Ethics Commission records.

The money went to the state's best-connected lobbying firm, S.R. Wojdak & Associates. The firm is headed by Stephen R. Wojdak, a former state representative and a frequent financial contributor to political candidates, including Rendell, Mayor Street and scads of state legislators.

Kevin Feeley, a spokesman for the lobbying firm, cautioned that Wojdak went to bat for ACS on more than just red-light cameras.

"Wojdak represents them on a wide range of issues," Feeley said.

Meanwhile, ACS strengthened its connections in the city by hiring former Philadelphia managing director Joseph Martz. Martz is now senior vice president and managing director in charge of the ACS division that manages red-light camera systems.

Under city law, Martz was banned from lobbying in Philadelphia for a year after he left the Street administration in December 2001. Though that ban has expired, Martz has "recused himself from any involvement with the city" in regard to red-light cameras, according to ACS spokeswoman Janis Langley.

Langley said that Martz "didn't lobby the state, but he did provide factual information on a variety of questions."

Martz did not return a phone call to comment.

(ACS is known in the industry for hiring ex-government officials as executives. For example, Maury Hannigan, the company's most visible spokesman on behalf the cameras, is a former commissioner of the California Highway Patrol. Hannigan also hosted the TV series "Real Stories of the Highway Patrol" and appeared in the 1998 Leslie Nielsen farce, "Wrongfully Accused.")"
Top Computer Industry Contributors
to George W. Bush*

Rank Company Total

1 Affiliated Computer Services $32,325
“Then there's Affiliated Computer Services, whose assorted companies have a host of government contracts in Florida, including managing Florida's Medicaid Information System. ACS companies have given at least $140,000 to the state Republican Party this year.”  
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
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 (     Privacy laws restrict disclosure of such information. Mr. Neppalli may wish to answer questions regarding his previous employment directly to the petitioner.
ACS Did Mr. Neppalli consider implementing this system in Chapel Hill because of his prior contacts with ACS?  Considering that Mr. Neppalli is an unsworn law enforcement agent for the town, would he consider going the extra mile and explain what role, if any, his prior contact with ACS influenced his recommendation to adopt this type of system?“Neppalli, who worked on a camera program  for the city of Fayetteville, said he understood the perception that generating revenue for the camera contractor and the town was the primary motivation. “      
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          
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.
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 There doesn't appear to be a way to critique the hearing officers' rulings.  The appeal process, based on the Administrative Hearings document ( ), 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 be published as per the hearing officer?
Yes TOWN When will this data be published?        
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 Considering that in the normal legal process, evidence of a crime is presented both to the prosecution and the defense, why wouldn't a “fair 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 (, 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. Refer to question #30  for a few examples of equipment mis-calibration.      
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
When will this data be published?  Are the following the only “exceptions”?  Clarity of Plate, Dark Environment, Emergency 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 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 Great, can the town provide these communications?        
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 To clarify, no current council members or candidates have been contacted by ACS or its agents?        
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 To clarify, no discussions have taken place between the town and ACS or its agents on squelching dissent against this system?        
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 How much of the content of the web site was provided by ACS?  Will the 2.10 required press conferences start soon?  Will they be restricted to 'the press' or  can citizens attend? Comparing the site with a number of other ACS affiliated web sites, this site appears to be more of a sales brochure for their 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 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 Exhibit 1 describes how the system should operate, but doesn't provide any detailed guidelines on measuring the compliance to these 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 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 What is the written guideline?  Could the town provide specific metrics 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?        
30. For instance, in Los Angeles, the county had to reimburse $500,000 in citations because of an error ACS committed ], would that be considered enough of a problem to invalidate the contract?     ACS is not aware of any such errors.
ACS There are many examples of mis-calibration of ACS' automated enforcement equipment.  I've included a few here. From Washington Post May 5th, 2002 (


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.
Examples of Mis-calibration of ACS Managed Equipment  Los Angeles Issue - Specifically  From ABC7 Report May 16, 2003 (  LOS ANGELES — A timing error in a red-light camera at an East Los Angeles intersection snapped photos of passing drivers a half-second early -- a delay that will cost the county at least $500,000.  Of 3,018 erroneous citations issued, 2,014 resulted in convictions, 246 were dismissed and 758 remain before the court, according to True Pawluk of the county Department of Public Works.  Prompted by an outcry from an activist, the county went to court yesterday, and a Los Angeles Superior Court judge granted its request to set aside the 2,014 convictions and refund fines to motorists, Pawluk said.  The county will reimburse motorist for the fines, which cost $271 before Jan. 1 and $321 afterward. That alone will cost the county at least $500,000.  A spokeswoman for ACS, the company handles the photographic equipment and, in concert with the Department of Public Works and the California Highway Patrol, attaches it to traffic signals, said such a mistake or malfunction has never happened before.  "This is isolated," said Janis Langley of Affiliated Computer Systems Inc.'s Washington, DC office. The company is based in Dallas.  A company represented added that the company could carry some responsibility for snafu. It is responsible for the camera itself and its operation, she said.  Responsibility for the entire system, she added, essentially is split among ACS, Public Works and the CHP. However, an ACS employee helped install and maintain the system, she said. From USAToday, San Diego suspended its program several months ago when police learned that Lockheed Martin IMS, the company that then owned the cameras, had moved sensors, which threw off data at three of 19 intersections. Last week, Lockheed sold its red-light-camera division to Affiliated Computer Services (ACS) a company in Dallas that provides information processing services to other businesses. ACS is "very disappointed in the ruling," spokesman Mark Maddox says. He disputes that Tuesday's ruling has an effect outside San Diego. "It was a very narrow ruling based on the way one program operated in one city in California," he says. City's red-light citation has couple seeing double
Pa. visitors sent 2 tickets from same photograph

By Stephen Kiehl
[Baltimore] Sun Staff
Originally published August 6, 2003


"Robert and Barbara Lippmann couldn't quite believe it when they got a ticket in the mail for running a red light in Baltimore. They didn't remember running any red light when they were in town for an Orioles-Phillies game in June.

"But when the Pennsylvania couple got another ticket in the mail for running the same red light on the same day - six minutes later - they knew something had gone terribly wrong: The photos on the two citations were the same.

"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 the city.

"Federal standards suggest that roads with a 50-mph speed limit - the limit on the JFX - provide five seconds of yellow time."
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 To clarify, an infraction commited by the parent company won't be used to terminate our local contract?  For instance, if a pattern of problems should be demonstrated ( ), and I'm not suggesting there are extensive problems at ACS, the town would still not terminate the contract?  Shouldn't we expect the vendor to operate at the highest ethical level since they're performing a law enforcement function? ACS has made headlines in recent weeks on the indictment of a former vice president of operations, James Donnell, who allegedly schemed to over-bill customers by about $3.7 million. According to press accounts, he's charged with one count of conspiracy and five counts of mail fraud. He reportedly oversaw ACS' New York operations from late 1997 to late 2000.      
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 Since ACS won't comment on past or present legal actions it's involved in concerning the management of these type systems, did the town do its due diligence?  If it did research the legal difficulties ACS is apparently encountering (if there weren't any, 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 system?  Performance issues are promptly reported to the City.
ACS employees comply with ethics and contract requirements.  ACS has an ongoing maintenance program. ACS Could ACS provide a copy of the written ethical guidelines their 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?        
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 ACS is apparently being sued for allegedly harassing whistle-blowers (, , ).  Of 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 private entity. Surely Chapel Hill expects the vendor to be beyond reproach? Jury trial starts Monday in lawsuit against ACS by 2 former employees
 "Plaintiffs were harassed at ACS by their co-employees and others, all with the knowledge and approval of ACS (and) were harassed because they reported the illegal and wrongful activities of others in polluting the environment of Coffee County," the suit also alleges.

"ACS intentionally created a hostile work environment, with the assistance and encouragement of Defendant Brandon, who was employed by the Air Force and who controlled (in whole or in part) the contractual relationship 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 ... "

(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 refer clients for retraining, and the listing of a topless bar and a fast-food restaurant as employer locations.
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 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 Let me restate this question. What does a town employee do if he believe ACS is operating the system in an improper fashion?        
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          
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 The time Mr. Roger and Mr. Nepalli spend monitoring this 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 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
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 cost be incurred?   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 Great, how periodic, monthly? Will the results of these inspections be posted on the web site so that defendants will have access to evidence of problems with the system?        
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?
Town cannot respond to hypothetical situations.  TOWN Considering the class actions in California and DC, shouldn't Chapel Hill be fiscally prepared for this outcome?  Is it really that hypothetical that the town shouldn't account for this possibility? DC Lawyers Bring Class Action to Stop Traffic Cameras  Two lawyers in Washington, DC have filed suit against the city in 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 ( 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                                                                                                                                                                                    Superior Court of the State of California, County of San Diego

A California court authorized this notice.  This is not a solicitation from a lawyer.

If you paid a fine, penalty, bail or attorneys' fees as a result of a citation issued from a red light automated enforcement system operated in the cities of Beverly Hills, Cupertino, El Cajon, Indian Wells, Imperial Beach, Los Angeles, Oxnard, Poway, Redwood City, Sacramento, San Diego, San Francisco, Santa Rosa, or West Hollywood or the County of Los Angeles, you may be a member of a class action lawsuit.  At this time, you do not have to do anything to remain a class member.  This is to inform you of the Court's certification of two Plaintiff Classes, the nature of Plaintiffs' claims, and your right to participate in or exclude yourself from these classes.


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 seek to recover fines, penalties, forfeited bail amounts and attorneys' fees that Class Members paid as a result of the citation, punitive damages, restitution, a declaration that the Defendants' conduct is illegal and an order from the court prohibiting the Defendants from continuing these practices.  Defendants deny all allegations of wrongdoing.

The Court has made no determination of the merits of Plaintiffs' or Defendants' case.


How Do I Remain A Class Member?

If you want to stay in the Class, you need not do anything at this time.  As a Class Member, you will be bound by any judgment benefiting or adverse to the Class and you may not maintain a separate lawsuit.  If you stay in the Class, you will have your claim decided in this lawsuit and receive your portion, if any, of a judgment in favor of the Class.  If you want to stay in the Class, but you do not wish to be represented by the Class Representatives and their counsel, you may enter an appearance through your own attorney at your own expense.  To do so, you must file an Entry of Appearance with the Clerk of the Court.


  How Do I Exclude Myself From The Class?

If you do not wish to be a member of the Class, you may exclude yourself.  In order to exclude yourself from the Class, you must notify the Court at the address identified below in writing no later than August 22, 2003.  Your request for exclusion must contain: (1) the name of this lawsuit; (2) your full name and current address; (3) your signature; (4) a statement of intention to exclude yourself from this lawsuit such as "I wish to be excluded from the Class"; and (5) your red light citation number.  Requests for exclusion must be postmarked no later than August 22, 2003 and sent to:

Red Light Camera Litigation

c/o Complete Claim Solutions, Inc.

P.O. Box 24690

West Palm Beach, FL 33416

If you elect to be excluded from the Class, you will not be bound by any settlement or judgment, whether or not favorable.  In other words, (1) you will not share in any recovery as a result of a judgment in favor of Plaintiffs and (2) you will not be bound by any judgment in favor of Defendants.  You may, at your own expense, proceed individually against Defendants and others, subject to any applicable defenses, including statutes of limitation.


  What If I Have Questions?

All references in this Notice to pleadings and court orders are only summaries.  Complete copies of documents filed in this litigation may be examined and copied during regular office hours at the offices of the Clerk of the Court, San Diego Superior Court, 330 West Broadway, San Diego, CA 92101.  The cases are C.L. Trustees v. Lockheed Martin, IMS, Case No. GIC773619; and Jerrold Cook v. Lockheed Martin, IMS, Case No. GIC773950.



You may contact us by e-mail at [email protected] or write to any of the following attorneys, designated as Class Counsel:





Timothy G. Blood

401 B Street

Suite 1700

San Diego, CA  92101

Charles R. Grebing

600 West Broadway

7th Floor

San Diego, CA  92101


                    DATE:  May 16, 2003     BY ORDER OF THE SUPERIOR COURT

                                                               STATE OF CALIFORNIA, COUNTY OF SAN DIEGO  Lights, cameras, class action As in comedy, timing is everything in the world of traffic violations. By Chris Stamper  As in comedy, timing is everything in the world of traffic violations. The difference between 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 lights were purported to be an accurate alternative to a cop on the beat. But a judge this month ordered Los Angeles County to refund about $500,000 in traffic fines after county officials (responding to an activist's complaint) discovered a camera that snapped shots three seconds after the light turned yellow—a half-second too soon.  Another California judge dismissed 290 San Diego tickets in 2001, while Washington, D.C., faces a class-action suit over its traffic cameras. The suit claims the system violates vehicle owners' right of due process by holding them responsible for traffic violations instead of the driver. The plaintiffs' attorneys estimated the class could represent more than 100,000 people.  
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 Considering this is happening throughout the US, shouldn't the town plan for this contigency?        
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 Considering this is happening throughout the US, shouldn't the town plan for this contigency?        
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 Considering this is happening throughout the US, shouldn't the town plan for this contigency?        
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.
50. What liability does the town incur when the number of citations decrease (as it appears they historically do)?  As happened in Charlotte [], 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 This is one of the most chilling of the few detailed answers. The original question had to do with the re-negotiation of the contract.  In other jurisdictions, once the per citation revenue dried up, the vendor wanted to re-negotiate a flat fee to keep the revenue flowing in.  What plan does Chapel Hill have to handle this well recognized situation? Or, does the town plan to “just deal with it” once its developed a dependence on this technology and can be held over a barrel. On to the chilling aspect. It is well understood that a decrease in citations shouldn't be used as an indicator of success, instead, a reduction in accidents should be used as a baseline.  Why would the town use this flawed metric? It has been pointed out in numerous studies, that using the decrease in citations as a measure of success is disingenuous, at least, and, most probably, outright dishonest.  Why? Look at the 'records' already generated by the cameras at 15-501/Sage and Airport/Estes. %13 of the 'violations' at Sage were false positives.  A reduction in false positives, such as reducing the 29 (of 72)  'violations' caused by a technician fiddling about at Airport/Estes, would seem to indicate an overall success rate, but these false positives are under the control of the vendor! 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.    
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? 
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.
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 Program.  In addition to this, Town staff conduct a before and after accident analysis at camera locations. TOWN
Since we're relying on ITRE's recommendations for camera placement, can we rely on their recommendations about what to do before deploying a red-light camera system, to wit, first, establishing that there is a significant problem, second, eliminating problems through traditional methodologies, and, then, if and only if a problem persists, deploy the cameras? A Recommended Policy
for Automated Electronic Traffic Enforcement
of Red Light Running Violations in North Carolina
Joseph S. Milazzo II, PE
Senior Research Associate
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
8-n North Carolina
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
8-Monitor intersections with cameras, and indeed all countermeasures, for progress over time
 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
For a complete description of the steps in an engineering study, please refer to ITE’s
Manual of Traffic Engineering Studies (16).
Based on the results of the engineering study, appropriate cost-effective engineering, educational and traditional enforcement solutions should be applied prior to the decision to use red light running camera technology to enhance intersection safety.
• Intersection Engineering Improvements

Solutions to be considered include, but are not limited to, modifying traffic signal timing, improving signing and marking, improving sight lines, modifying grades and/or grade separation, adjusting the prevailing speeds, changes in surface treatments, altering lane configuration, and replacing the traffic signal with some other form of traffic control device or intersection type.
• Education

A well-designed public information and education campaign will assist motorists and the general public in understanding the safety issues inherent to red light running. It will provide information and data that explain what red light running is, why red light running is dangerous, and what actions are currently being undertaken to reduce the incidence of red light running.
Enforcement By Law Enforcement Officers

Targeted enforcement by law enforcement officers in patrol cars or using motorcycles can be a cost effective solution to reduce red light running at problem intersections. However, unless an observer and a stopping team are used, officers also must pass through the intersection on a red signal indication.
• Red Light Cameras

If engineering, educational, and traditional enforcement countermeasures are proven to be unsuccessful, red light running camera technologies, if authorized by law, may be considered.
Each of these possible solutions should be considered in order to identify the most appropriate solution to the documented problem at the intersection.
4.1 Engineering Countermeasures
Intersection design deficiencies may contribute to red light running and crashes attributable to red light running at signalized intersections. The deficiencies may be mitigated by engineering improvements of two types, traffic operational and signal control improvements and intersection geometry improvements.
4.1.1 Traffic Operation and Signal Control
At a minimum, retiming of the traffic signal should be analyzed as a red light running countermeasure. Signal timing should be reviewed regularly to determine if it is still appropriate for the traffic conditions in effect, and changed if the need for a change is indicated. Traffic signal timing, especially the length of the yellow and all-red interval times, should be in accordance with the broad guidelines in the MUTCD (17) and due consideration should be given to the informational report developed by ITE (7) which discusses methods for determining vehicle signal change and clearance intervals. In addition any applicable State and local agency policies and procedures should also be followed.
The following list identifies possible engineering countermeasures to prevent red light running:
• Improving Signal Head Visibility

Signal head visibility can be improved by increasing the size of the traffic signal lamps. Improving signal visibility can be especially beneficial on streets that run in an east-to-west direction where the sun angle silhouettes the traffic signal head making it difficult to see the signal indication. Addition of backplates can also make signals more visible.
• Additional Signal Heads

Depending on the intersection, and the number and visibility of signals currently deployed, adding signal heads may help decrease the frequency of red light violations. If a single signal head is used for multiple lanes, such as two through lanes, the signal may be blocked from view of a motorist if traveling behind or along side a truck or other high profile vehicle. A similar situation may occur when the traffic signal pole and head are located on the corner of an intersection.
• All-Red Interval

An all-red or clearance interval provides additional time for motorists already in the intersection to proceed through the intersection on the red indication while holding cross traffic on the cross street approaches. The red clearance interval is not intended to reduce the incidence of red light running; rather it is a safety measure. However, findings from the - 8 -
National Committee on Uniform Traffic Laws and Ordinances (NCUTLO) do not indicate that implementing red clearance intervals significantly reduced accidents at treated intersections (20).
The MUTCD indicates that the length of the all-red interval should be a function of traffic speed, cross street width, and length of the yellow interval (17). The MUTCD guidance is that the clearance interval should not exceed six seconds in length. Typically where used, the length of an all-red interval is one second to not more than three seconds.
• Appropriate Yellow Times

The purpose of the yellow interval is to warn approaching traffic of the imminent change in the assignment of right-of-way. The length of the yellow interval is determined in such a way that it provides enough time for a vehicle to travel at its prevailing speed through the intersection before the traffic signal turns red or to allow a driver to stop at a comfortable average deceleration before entering the intersection. Therefore, the likelihood of a motorist running a red light increases as the yellow interval is shortened. Appropriately lengthening the yellow interval has been shown to significantly reduce the number of inadvertent red light running violations (6).
The length of the yellow intervals should be in accordance with MUTCD guidelines (17) and applicable State and local agency policies and procedures. The ITE informational report (7) contains more detailed discussion of methods for the calculation of appropriate clearance intervals for specific circumstances.
• Signalized Intersection Warning Signs

Advance warning signs are posted upstream on an intersection approach to alert motorists that they are nearing a signalized intersection. Advance warning signs are especially beneficial at intersections with curved approaches or those with steep grades.
• Advanced Yellow Flashing Lights

Consideration should be given to the use of advanced yellow flashing lights as advance warning at intersections with high-speed approaches or limited sight distances. These traffic control devices are posted well in advance of an intersection and only flash at approaching motorists when the signal indication is likely to be red when the motorists reach the intersection. This operation is different than the typical flashing yellow light in advance of an intersection that simply warns of the existence of the signalized intersection. Advanced yellow flashing lights may provide the most benefit in slowing vehicles on steep grade approaches and larger vehicles with more mass and momentum.
Advanced warning flashers and their effect on red light running violations was studied in Bloomington, Minnesota (21). The advanced warning flashers were used for approximately three months, during which red light running violation data was collected. It was determined that the installation of the advanced yellow flashing lights reduced red light running violations significantly at the study intersection, with a greater reduction in truck red light running violations.
• Adjusting the Approach Speed

Approach speeds are a critical determinant for the length of the yellow time at a signalized intersection. Speed limits on the approaches to a signalized intersection where there is a problem with red light running should be evaluated based on speed studies and - 9 -
observations. It may be necessary to consider additional speed affecting measures in order to achieve the necessary result.
• Traffic Signal Coordination

A coordinated traffic signal operation where motorists are able to move smoothly in platoons from intersection to intersection reduces the risk of red light running violations and collisions resulting from red light running violations.
• Advance Vehicle Detection

Advance vehicle detection may be employed to hold green signal indications for the maximum allowable time, allowing motorists at the back of platoons or under light traffic conditions, to legally enter and traverse a signalized intersection.
Removal of Unwarranted Traffic Signals

Low volume, signalized intersections may experience a reduction in red light running violations and crashes when traffic signals are removed and alternative intersection designs or other forms of traffic control are implemented. Guidance on the signal removal process can be found in Section 4B.02 of the MUTCD (17).
• Removal of On-Street Parking

The restriction of on-street parking for a distance of at least 200 feet from each intersection approach may enhance the driver visibility of signage, signals, pedestrians, cross-traffic and other pertinent features near the intersection.
Other factors may serve to increase vehicle delays at signalized intersections and contribute to an increased frequency of red light running. Malfunctioning vehicle detection and signal actuating equipment, long phases or cycle lengths, or the use of protected left turn phases at times of the day when not required may serve to increase delays and, under certain circumstances, may induce certain motorists to intentionally run red lights.
4.1.2 Intersection Geometry Changes
Deficiencies in intersection configuration or geometry may increase the number of motorists unintentionally running red lights. Where intersection geometry deficiencies are identified and can be improved, appropriate changes should be designed, deployed, and evaluated before photo enforcement systems are considered. Design guidelines can be found in ITE publications The Traffic Safety Toolbox: A Primer on Traffic Safety (18) and Traffic Engineering Handbook (19).
4.2 Education
A well-designed public information and education campaign will assist motorists and the general public to understand the safety issues inherent to red light running, providing information and data that explains red light running, why red light running is dangerous, and what actions are currently being undertaken to reduce the incidence of red light running. One of the key messages of the red light running education campaign can be the economic and emotional toll of red light running. Emotional toll of red light running to victims and their families is quite obvious but indirect economic costs of red light running related crashes in terms of lost productivity, higher insurance premiums, and medical cost can be significant as well.
- 10 -
An on-going educational program should be designed to combat red light running, in general, and be delivered in a way so as to reflect the interests, concerns, and needs of various audiences to which they are addressed. Red light running education campaigns are most likely to change behavior of licensed drivers who either not aware of the danger associated with running red lights or assign them as a very low risk.
The on-going public information and education program should use various media (see Table 5.4 for examples), as appropriate. The State or local agency should monitor the effectiveness of the educational program and modify it in order to achieve maximum effectiveness. A red light running education campaign supported by targeted enforcement by law enforcement agencies can be a very effective tool. Red light running campaigns can also easily be dovetailed with other traffic safety education and enforcement programs.
4.3 Enforcement
Police officers will always have an important role to play in enforcing both red light violations and the many other forms of traffic violation as part of an overall traffic safety management program. Red light cameras are but one method of monitoring and enforcing violations, others involve the direct use of police officers.
Officer Enforcement
• Single Officer: to enforce red light compliance an officer takes an inconspicuous position at an intersection where the officer can clearly see the signal. After observing a violation it is necessary to follow the violator through the intersection in order to stop and cite the driver.
• Dual officer: a safer alternative requiring a higher staff commitment and involves the use of separate observer and pursuit officers. The first witnesses the violation and then radios the information to the second officer who will be located downstream of the signal and will stop the driver and issue the citation.
• Multiple Signal Head Enforcement: with this approach a traffic signal head is attached to the reverse side of an existing traffic signal. This allows a single police officer to observe violations from the opposite side of the intersection and to enforce red light violations in greater safety.
• Random Enforcement: refers to the random selection of the locations to be enforced and this may be performed by either single or multiple officers. Random enforcement makes police presence visible and reminds drivers that enforcement is taking place.
• Targeted Enforcement: is when problem locations are identified and officer staff resources are committed to enforcement for a particular period. Such stepped up enforcement can again work as a visible reminder to motorists that the traffic laws should not be violated.

Where red light camera systems have been deployed with the greatest success and highest levels of community support, they have been implemented as one element of an overall traffic safety management program. Red light cameras should not be viewed as the sole solution to red light running. There is no one remedy for the traffic safety improvements or the reduction in collisions at signalized intersections but rather a toolbox of measures all of which have a role to play. A red light camera is one of the measures available to traffic engineering and safety professionals, that when properly applied, may be effective in the reduction of certain types of collisions at signalized intersections.
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?
Yes. TOWN Great! When will this be published?        
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 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. 
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          
57. Could the specific criteria in selecting these intersections, including the historical accident rates and types, be published?
Yes. It will be on the website within the next month and the website will be updated with available information.
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.
  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 [ ].    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.
 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 This is a very curious response.  Will ITRE use criteria it can't 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 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 How does ITRE plan to establish a valid baseline for Airport/Estes and Sage/15-501, since a detailed study  (contrary to their own recommendations) was not performed before the cameras were 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? 
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 Why wouldn't the logs be published as a matter of course?  If there are significant technical issues with this system, a public airing seems the only honest recourse.  Why would the town want to hide problems?        
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?  The settings and timings are public information and are available for review in the Town Engineering Department. TOWN
Fantastic. Why not publish this data on the web site to aid in defendant's evidentiary discovery?        
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 changes to the timings are documented and are available for public review. TOWN Fantastic. Why not publish this data, including the historical 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 NHSTA or some homegrown variant?  The NCDOT. TOWN What published guidelines document the NCDOT process for selecting 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 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 phase. The delay time is 0.3 seconds.  A detailed description of ‘How Cameras Work” is available on the Safelight website. TOWN Why, at minimum, isn't the town following the ITRE recommendations on trigger times? Also, considering the 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 violations happen in the 1st second, why not use a longer trigger time and lengthen the yellow concurrently (increase the trigger to .4, as ITRE recommends, and lengthen to yellow by .4)? ITRE Powerpoint Presentation titled “The Effect of Dilemma Zones on Red Light Running Enforcement Tolerances”

TRB paper 02-3744 - trb2002rlr.ppt – pg. 35

TRB paper 02-3744 - trb2002rlr.ppt – pg. 35

“Implement an enforcement tolerance
- 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”
From Red Light Camera Enforcement System in Baltimore City: For Revenue or Safety?
ByKeith E. Mathews, Administrative Judge, District Court for Baltimore City
          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 discern that a violation has taken place in half a second or less. Therefore, allowing advanced technology to issue citations when a police officer would likely not do the same under the same circumstances, grants greater police power to the RLCES.  A grace period would give the public confidence in the program but would reduce revenue. 
           In a rough analysis of 181 citations issued by the Baltimore City RLCES, approximately 30% were issued with an infraction time of .3 seconds or less.  This is a large number, especially considering the fact that other jurisdictions employing RLCES have a minimum of .3 seconds delay time during which a citation will not issue.
From: "Diamond, Richard" <[email protected]>
Subject: CA Camera Report: Privacy Problems, Short Yellow, Revenue Motive
Date: Wed, 24 Jul 2002 20:35:41 -0400

A new report by the California State Auditor proves several important
points:(1) Most red light camera violations happen within the first second
of yellow; (2) Serious privacy problems exist; (3) Revenue is officially
one of LA's camera motives.  The report can be found here:

[ 1 ] Cities banking on inadequate yellow time

According to the report, "a significant percentage of the issued citations
are for red light violations that occur within one second of the light
turning red." (p. 43).  What this means is that if the yellow light is
extended a mere second, the majority of the red light running problem goes
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" />

Percentage of Citations Occurring Within One Second of the Red Light

<?xml:namespace prefix = st1 ns =
"urn:schemas-microsoft-com:office:smarttags" />Fremont*       88%

Long Beach    84

Los Angeles         86

Oxnard           73

Sacramento    82

San Diego      57

San Francisco       72

Source:Vendor data since the inception of each program. However, San
Francisco is 2001 data only.

*Fremont data are for violations captured by red light cameras rather than
citations issued.
Richard Diamond
Office of the Majority Leader
US House of Representatives
202-225-6007 /

"And it's true in a few intersections we found a few more accidents than
prior to the red light photo enforcement. At some intersections we saw no
change at all, and at several intersections we actually saw an increase in
traffic accidents." -- San Diego Police Chief David Bejarano, Nightline,

"I would have to say that the cameras themselves have not reduced the number
of (injury) collisions that have happened at these intersections," said
Elizabeth Yard, an analyst with the San Diego Police Department's traffic
division. -- San Diego Union-Tribune, 9/2/01
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 web site?        
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 OK, it was just a coincidence that the lines are approximately 6” off of the former position?        
69. Can the relevant work history of the maintenance personnel be published? 
This information is subject to privacy laws. TOWN/ACS This wasn't phrased well.  Let me try again, on average, the technicians 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 to the proper operation of this private ‘policing’ function?
Personnel Privacy laws restrict access to employee records. TOWN I'm very interested in preserving their personal information. Again, to 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 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 Considering that the reliability of this software is key to the ethical operation of this system it is very “applicable” whether it's been tested to perform to the highest possible standard. There are numerous software validation services, any one of which a company making $3 billion a quarter could afford, that could verify this software adheres to reasonable standards.  Further, Exhibit #1 only says what the system is supposed to do, it makes not mention of how the system is verified to perform as specified. Charleston Daily Mail,  Friday February 14, 2003; 11:00 AM,( ) An audit done by the local accounting firm Herman & Cormany found that ACS Government Systems, the county's software vendor, supplied the county with a flawed federal tax table.  As a result employees who were taxed incorrectly now owe the IRS and could face fines for failing to pay at least 90 percent of their taxes during regular payroll periods.  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 review?    
The software is proprietary. ACS Under Exhibit #1, Service Standard #19,  the software/database system is to be described in its particular.  Instead, the vendor says the use “TIMs, which is the most proven violations enforcement 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? 
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 Software systems can have problems, considering ACS has been fined because of general performance issues (, wouldn't be prudent to verify, at the least, that the system is not buggy?  Or, relatively bug free?  Critics of the ACS contract, including Cleveland Democratic Rep. Dennis Kucinich and members of the American Federation of Government Employees, whose workers did the job before ACS took over, called the report "biased" and said the 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 measures to evaluate its performance.
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 The performance standards of Exhibit #1 doesn't mandate any specific software testing.  Considering that ACS occasionally has problems (, ) with their more complex installations, wouldn't it be prudent to ask them to validate their software, especially considering it's instrumental in prosecuting citations? ATLANTA - Georgia's new $350 million health care information computer system, billed as a moneysaving overhaul of an outdated system, has been a problem since coming online this month.
   Because of the problems, the state is expected to ask for more than $20 million in compensation from the contractor, 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.
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.
78. Will any bugs or improper operation of the software, either in the processing office or the camera be tracked?
ACS regularly maintains its systems and equipment. 
ACS Can a defendant ask for the maintenance records of the equipment 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, what precautions have been taken to protect the data flowing across the network?
ACS adheres to appropriate security measures and follows proper protocols. ACS With the discovery that processing of the data isn't done locally, 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?
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 Excellent, could you refer me to the written guidelines and procedures that the town follows?        
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 Who, within the town, made the determination that ACS is using the proper security procedures and protocols to protect citizens sensitive information?  Did the town review those procedures?        
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 Are the town engineers qualified to review the behavior and operation 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 site?  Will the report contain a record of deficiencies, if any, in the system?
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 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 How many times can a camera fail calibration before it's removed from service?  How many times, overall, can the calibration checks fail before the contract is cancelled? What is the tolerance for calibration?  Will the town refund all improper citations generated by an incorrect calibration or just those that were contested? Note, the vendor here admits that glitches aren't as rare as the ACS representative quoted above stated!     One of the two vendors participating in tests, 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 had run a red light.

At one busy Los Angeles intersection, a computer programming error meant that the camera assumed a 3-second yellow light. In fact, the yellow light lasted 3.5 seconds. Consequently, some motorists wrongfully received tickets because they were in the intersection after 3 seconds, when the picture was taken, and before the 3.5-second deadline.

Opponents claimed the company was cheating in order to issue more tickets and make more money.

After legal challenges, a Los Angeles judge threw out more than half of the 5,063 tickets issued between 1996 and 2001. Another 758 pending tickets were dismissed.

In San Diego, a judge tossed out about 300 cases, citing concerns about the company's contingency fee, and the lack of oversight by the police. The city has changed the program and is reinaugurating red-light cameras.
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.
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.
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
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 If the link is to NHTSA, the State of California's Office of the Auditor, the State of Michigan's Department of Transportation, ITREs' recommendations of what measures to take before deploying a RLC, etc. it would be fine to have it added? Why not linking to a scientific analysis showing that red-light running is primarily inadvertent ( As far as mistakes, what about the following safelight site quote " Nationally, drivers who run red lights are responsible for an estimated 260,000 crashes each year, of which about 750 are fatal. Red light running is a big part of the problem.", which omits “We do not investigate whether city governments purposefully reduce amber phases to increase
the number of red light violations, as purported in the Armey Report. Yet, it is clear from our
analysis that reducing the amber phase is an effective way to increase the number of (inadvertent)
red light violations, which may increase the revenues generated by camera systems. However,
increases in local revenue must be weighed against the potential property and human damages
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 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 I believe this is very problematic.  Right now, the web site is a sales brochure for a product, the ACS red-light camera system.  Is it legal for the town to promote a business?        
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 If the town verifies the accuracy of the data, why has it omitted the subsequent California audits? Why provide a link to the Charlotte site, but not to this ( 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”
98. Is ACS prohibited from sharing citation or other data with other entities, specifically, ACS affiliated companies, ACS divisions or other 3rd parties?
 ACS What, specifically, then is the relationship of the collection agency and ACS?  Is it a direct subsidiary? Obviously, ACS must share some data 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 prohibiting such sharing? ACS must follow all applicable Town, State, and Federal Laws. TOWN          
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?

The Contract will be terminated for material breach.
101. Specifically, under what guidelines, statutes, regulations, etc. will ACS be required to share data with state and federal entities?
All applicable State and Federal Laws. TOWN          
Web Site Privacy Policy
102. Why does the web site lack a privacy policy, in contravention of established governmental procedure?
 The Town will evaluate the need for a written privacy policy and will 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 information as determined by law.
104. How long are these communications retained? To the extent required by law.
105. Are the communications, their content and, especially, their return email addresses, distributed to any third parties? Information is not distributed beyond ACS and the TOWN unless it is public information as determined by law. 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 What, specifically, are the laws that ACS thinks governs its behavior? How will the town audit compliance?        
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 During the discussion of this system, it was represented that all the data would be processed locally.  Contrary to that initial assertion, it appears, based on a recent media report (, that this data is going to ACS' D.C. office to be reviewed.  I believe that the citizens of Chapel Hill need more than a simple assertion that ACS will follow 'appropriate security procedures'.  What, specifically, are the procedures? Do the procedures cover data retention issues like those expressed in the following article? Again, what internal off-shore entity might ACS use to process this data?  What additional safe-guards has ACS taken in that case?     The ACLU requests proof that
    the vendor has not withheld files

    By Leila Fujimori
    [email protected]

    The American Civil Liberties Union has asked a circuit judge to keep alive its lawsuit alleging violations of privacy rights when the state provided the vendor of the defunct traffic camera program with Social Security numbers.

    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 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.

    "The people of Hawaii can't have any degree of confidence that their information has been" kept out of the hands of people other than the state and ACS, Hart said.

    Matsuura said the state is still reviewing the matter of paying ACS and the amount it is owed.

    With such personal information such as name, address, sex, type of car and Social Security number, a third party could steal a person's identity, White said.

    The company may have retained data because it had trouble matching information from traffic camera citations with actual motorists from state driver's license lists, White said.

    The judge briefly suspended the hearing to allow Matsuura to call the vendor in Washington, D.C., as to whether it had retained traffic citation information, but ACS personnel could not be reached.

    Chang asked the state to provide information concerning the traffic citation information and continued the matter to Monday.

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.
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 I'm afraid that ACS isn't in a position to answer this question.  In fact, I can't believe they tried.  We have a process in place where the evidence is presented at trial, the hearing officer is at a disadvantage to the company, there doesn't seem to be a record of the hearing kept and the defendant has to pay to play.  That is not due process. Unfortunately,  the reticence both ACS and the town have shown answering these questions demonstrates a lack of commitment to due process. Due process is built on a foundation of evidence and it's obvious that there will be little effort  to provide maintenance logs, timing statistics, evidentiary guidelines, audit trails and other factual detail on the operation of the system to help a citizen defend themselves before a Hearing Officer.  That said, here's how a few other people see the constitutionality of the red-light camera system. THIS IS RHETORICAL, NO NEED TO ANSWER. Dick Armey, Rep. Cameras and the Constitution

Our judicial system rests on the principle that one is to be presumed innocent until proven guilty in a court of law. The Bill of Rights adds the guarantee that one has the right to face one's accuser in court as well as the right to avoid self-incrimination.

Red light cameras violate these judicial principles. Consider how some jurisdictions treat camera violations. California matches up photos from DMV records to the photograph on the ticket. In theory, if the photos are similar, you're guilty. In practice, San Diego's Court Clerk testified that many drivers received tickets even though they obviously weren't the one driving. The ticket recipient must either admit guilt or 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 ticket they never received, and face an arrest warrant as a result. These difficulties only arise when the cornerstones of our judicial system are ignored.

Red light camera proponents will often respond by saying that this is a small price to pay. I disagree. I say that our technology should adapt to our Constitution and laws, not the other way around. Five states (Alaska, Nebraska, New Jersey, Utah, and Wisconsin) have recognized this dilemma and banned photo enforcement systems.
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 order to increase revenue and in turn generates public cynicism and suspicion. Such bounty contracts make a mockery of the ideal of disinterested justice and undermine the pursuit of traffic safety.

Legitimate questions have been raised about the choice of intersections where these cameras have been installed and about the timing of the yellow lights at those intersections -- and whether such decisions were made to increase traffic safety or maximize ticket revenue.

These questions of fundamental fairness were underscored by the recent decision of the San Diego court holding that the evidence from the cameras was unreliable.

There are also important privacy issues raised by the cameras. The ACLU is most concerned about what we call "mission creep" -- that the data collected by these cameras will be used for purposes other than tracking reckless drivers. Government and private-industry surveillance techniques created for one purpose are rarely restricted to that purpose, and every expansion of a data bank and every new use for the data opens the door to more and more privacy abuses.

Similar systems have already been used to invade privacy. For example, cameras installed at the Texas-Oklahoma border have been used to capture the license plate numbers of thousands of law abiding persons, who were subjected to inquiries about why they were crossing the border.

Traffic safety and information privacy are not mutually incompatible concepts. However, if red light programs are to succeed, the American public must be confident that such systems operate with unimpeachable fairness and that the information collected is used only for the authorized purpose indicated and is not sold, shared or otherwise abused.
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? 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/ACS          
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? 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 What is the written guideline?        
113. What access, if any, will someone that appeals a violation have to review the electronic “chain of evidence”? All relevant information is available for appellants’ review. TOWN Based on the documented Administrative Appeals process document (, 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 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? 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. TOWN          
115. Will this evaluation include checks, if an appellant should ask, of the data captured to make sure no alteration was performed?
Yes. TOWN          
116. If tampering is alleged, what process is in place to forensically determine that data hasn’t been altered?  None TOWN Will the town advise a defendant if the evidence has been 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 access to such an expert?
The Town Council did not approve hiring any new positions in support of the SafeLight Program. TOWN          
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.
What is the written guideline?        
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 What is the written guideline?        
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 What is the written guideline?        
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 What is the written guideline?        
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 What is the written guideline?        
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 What procedure does ACS follow to make sure that an innocent citizens credit report is not damaged by such an error?        
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          
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 See question 126.        
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 If the issue is to decrease rampant red-light running, why is the town randomly selecting (other than for scientific study), the remaining 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 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 If my recollection is faulty, can you explain, then, why 10 cameras were selected?  This is 1/2 as many as Raleigh MIGHT put in and 1/2 as many as Charlotte DID have.  Considering that approximate less 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 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          
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 Why, then, does the contract have clause 2.6 if it isn't going to authorized in the future?  Further, considering there was no public discussion of this clause, why does it exists at all?        
131. The web site 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.
TOWN/TOWN/TOWN How much time do are engineers spend on this program?  This program is supposed to cost us 'nothing', wouldn't it be a better use of time for our engineers, working with ITRE, to find the town's worst intersections and apply, as ITRE and NHSTA recommends, traditional fixes to reduce what they think is a problem large enough to justify suspension of our right to due process?        
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 How did briefing UNC staff and police correct the problem of a potential delayed delivery of a citation because of the circuitous route the citation might take to get to the student?        
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