April 21, 2021 Virtual Meeting

1200 King County King County Courthouse 516 Third Avenue Seattle, WA 98104 Meeting Agenda Committee of the Whole

Councilmembers: Joe McDermott, Chair; Reagan Dunn, Vice Chair; Claudia Balducci, Rod Dembowski, Jeanne Kohl-Welles, Kathy Lambert, Dave Upthegrove, Pete von Reichbauer, Girmay Zahilay

Lead Staff: Jake Tracy (206-263-0875) Committee Clerk: Marka Steadman (206-477-0887)

9:30 AM Wednesday, April 21, 2021 Virtual Meeting

PUBLIC NOTICE: The Committee of the Whole meetings will be held virtually until further notice. To help prevent the spread of the COVID 19 virus, the Chambers will be closed and all committee members and staff will be participating in the meeting remotely. The live feed of the video conference will be streaming on the King County Council's website and on KCTV Channel 22. Ways to provide public comment are noted below.

Pursuant to K.C.C. 1.24.035 A. and F., this meeting is also noticed as a meeting of the Metropolitan King County Council, whose agenda is limited to the committee business. In this meeting only the rules and procedures applicable to committees apply and not those applicable to full council meetings.

HOW TO PROVIDE PUBLIC COMMENT: The Committee of the Whole values community input and looks forward to hearing from you on agenda items.

There are two ways to provide public comment:

1) In writing: You may comment in writing on agenda items by submitting your written comments to [email protected] or by going to https://kingcounty.gov/council/committees/cow.aspx and selecting "Click Here to Submit Written Public Comment". If your comments are submitted before 8:00 a.m. on the day of the Committee of the Whole meeting, your comments will be distributed to the committee members and appropriate staff prior to the meeting.

King County Page 1 Printed on 4/9/2021 COW Meeting Materials Page 1 April 21, 2021 Committee of the Whole Meeting Agenda April 21, 2021

2) Orally during the meeting by phone or computer: You may provide oral public testimony during the meeting by connecting using the ZOOM application at https://zoom.us/ and the meeting identification and password below.

Meeting ID: 979 3173 9282 Passcode: 404997

If you do not have access to the ZOOM application, you can connect to the meeting by calling 1-253-215-8782 and using the meeting ID and password above. Connecting in this manner, however, may impact your ability to be unmuted to speak.

You are not required to sign up in advance. During this period of virtual meetings, public comment will be limited to items on the meeting agenda.

You have the right to language access services at no cost to you. To request these services, please contact our Language Access Coordinator, Reeni Nair, at 206-477-4978, or [email protected], by 8:00 a.m. the day prior to the meeting.

If you do not wish to be called upon for public comment during the meeting, please help us manage the callers and use one of the options below (Live Streaming or King County TV Channel 22).

HOW TO WATCH/LISTEN TO THE MEETING: There are two ways to watch or listen in to the meeting if you don't wish to provide public comment:

1) Stream online via this link https://livestream.com/accounts/15175343/events/4485487 or input the link web address into your web browser.

2) Watch King County TV Channel 22 (Comcast Channel 22 and 322(HD), Wave Broadband Channel 22)

1. Call to Order To show a PDF of the written materials for an agenda item, click on the agenda item below. 2. Roll Call

3. Public Comment

4. Approval of Minutes

April 7, 2021 meeting pp. 4-6

King County Page 2 Printed on 4/9/2021

COW Meeting Materials Page 2 April 21, 2021 Committee of the Whole Meeting Agenda April 21, 2021

Briefing

5. Briefing No. 2021-B0062 (No materials)

Executive COVID-19 Response Dwight Dively, Director, Office of Performance, Strategy and Budget

Discussion and Possible Action

6. Proposed Motion No. 2021-0157 pp. 8-12

A MOTION confirming the executive's appointment of the Honorable Bill Boyce, councilmember, city of Kent, who resides in council district nine, to Harborview Medical Center board of trustees, as the district nine representative.

Sponsors: Mr. Dunn

Sam Porter, Council staff

7. Proposed Motion No. 2021-0158 pp. 13-17

A MOTION confirming the executive's appointment of David Hadley, who resides in council district three, to the Harborview Medical Center board of trustees, as the district three representative. Sponsors: Ms. Lambert

Sam Porter, Council staff

8. Proposed Ordinance No. 2021-0091 pp. 18-34

AN ORDINANCE relating to facial recognition, prohibiting the acquisition and use of facial recognition technology by County administrative offices and executive departments, including the department of public safety; and adding a new chapter in K.C.C. Title 2.

Sponsors: Ms. Kohl-Welles and Mr. Dembowski Nick Bowman, Council staff

Other Business

Adjournment

King County Page 3 Printed on 4/9/2021

COW Meeting Materials Page 3 April 21, 2021 1200 King County King County Courthouse 516 Third Avenue Seattle, WA 98104 Meeting Minutes Committee of the Whole Councilmembers: Joe McDermott, Chair; Reagan Dunn, Vice Chair; Claudia Balducci, Rod Dembowski, Jeanne Kohl-Welles, Kathy Lambert, Dave Upthegrove, Pete von Reichbauer, Girmay Zahilay

Lead Staff: Jake Tracy (206-263-0875) Committee Clerk: Marka Steadman (206-477-0887)

9:30 AM Wednesday, April 7, 2021 Virtual Meeting

DRAFT MINUTES

1. Call to Order Chair McDermott called the meeting to order at 9:32 a.m.

2. Roll Call Present: 8 - Ms. Balducci, Mr. Dembowski, Mr. Dunn, Ms. Kohl-Welles, Ms. Lambert, Mr. McDermott, Mr. Upthegrove and Mr. Zahilay Excused: 1 - Mr. von Reichbauer

3. Public Comment The following individuals provided public comment:

Jessica Galvez Erin Haick Karen Howe

4. Approval of Minutes Councilmember Dunn moved approval of the March 17, 2021, meeting minutes. There being no objections, the minutes were approved.

King County Page 1

COW Meeting Materials Page 4 April 21, 2021

Committee of the Whole Meeting Minutes April 7, 2021

Briefing

5. Briefing No. 2021-B0058

Executive COVID-19 Response

Dwight Dively, Director, Office of Performance, Strategy and Budget, briefed the committee and answered questions from the members.

This matter was Presented

Discussion and Possible Action

6. Proposed Ordinance No. 2021-0062

AN ORDINANCE providing for the submission to the qualified electors of King County at a special election to be held in King County on August 3, 2021, of a proposition providing for resident oversight and authorizing a property tax levy in excess of the levy limitation contained in chapter 84.55 RCW for a six-year consecutive period at a rate of not more than $0.19 per one thousand dollars of assessed valuation in the first year, and limiting annual levy increases to three percent in the five succeeding years, all for the purpose of funding prevention and early intervention strategies and a capital grants program to improve the health and well-being of children, youth and their communities.

Miranda Leskinen, Council staff, briefed the committee and answered questions from the members. Wendy Soo Hoo, Council staff, and Sheila Capestany, Director, Children, Youth and Young Adults Division, Department of Community and Human Services, answered questions from the members.

Councilmember Dunn moved amendment 1. The amendment was withdrawn. Councilmember Upthegrove moved amendment 2. The amendment was withdrawn.

A motion was made by Councilmember Balducci that this Ordinance be Recommended Do Pass. The motion carried by the following vote:

Yes: 8 - Ms. Balducci, Mr. Dembowski, Mr. Dunn, Ms. Kohl-Welles, Ms. Lambert, Mr. McDermott, Mr. Upthegrove and Mr. Zahilay

Excused: 1 - Mr. von Reichbauer

Other Business There was no further business to come before the committee.

Adjournment The meeting was adjourned at 11:07 a.m.

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Committee of the Whole Meeting Minutes April 7, 2021

Approved this ______day of ______

Clerk's Signature

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COW Meeting Materials Page 6 April 21, 2021 Committee of the Whole

April 21, 2021

Agenda Item No. 5 Briefing No. 2021-B0062

Executive COVID-19 Response

There are no materials for this item.

COW Meeting Materials Page 7 April 21, 2021

Metropolitan King County Council Committee of the Whole

STAFF REPORT

Agenda Item: 6 Name: Sam Porter Proposed No.: 2021-0157 Date: April 21, 2021

SUBJECT

Proposed Motion 2021-0157 would confirm the appointment of Kent City Councilmember Bill Boyce to the Harborview Medical Center (HMC) Board of Trustees as the district nine representative.

SUMMARY

Nominated by King County Councilmember Reagan Dunn in accordance with King County Code 2.42.040.A, the Executive has appointed Bill Boyce to the remainder of a four-year term on the HMC Board of Trustees, expiring on July 31, 2024. Proposed Motion 2021-0157 would confirm this appointment.

BACKGROUND

HMC was founded in 1877 as a six-bed King County Hospital in South Seattle. In 1931, the hospital moved to its present location overlooking Puget Sound where it currently consists of a 413 inpatient bed teaching hospital and is the designated disaster control hospital for the region. HMC serves as the only Level 1 trauma center in the four-state region of Washington, Alaska, Idaho, and Montana. Harborview prioritizes serving the non-English-speaking poor, the uninsured and underinsured, people who experience domestic violence and sexual assault, incarcerated people in King County's jails, people with behavioral health illnesses, particularly those treated involuntarily, people with sexually transmitted diseases, and individuals who require specialized emergency care, trauma care, and severe burn care.

HMC is owned by King County, governed by the County-appointed Board of Trustees, and operated by the University of Washington. The HMC Board of Trustees is composed of 13 members: one representative from each Council district and four at- large members. Nominees are appointed by the King County Executive and confirmed by the King County Council by motion.1 The Board, as the representative authority of the County, is entrusted to oversee the provision of health care services to assure that the county’s priorities are addressed and high quality health care is made available to County residents regardless of their ability to pay.

1 K.C.C. 2.42.040

COW Meeting Materials Page 8 April 21, 2021

According to King County Code2, candidates for the HMC Board of Trustees should have: • A demonstrated leadership ability; • Recognized experience in management or administration, planning, finance, health service delivery, consumer representation or institutional operation; • The ability to work cooperatively with others of diverse backgrounds and philosophies; and • Willingness to commit to the amount of time necessary to perform trustee duties, serve on board committees and serve as an advocate for the medical center.

Bill Boyce is currently serving his third term as a Kent City Councilmember and previously served for 16 years on the Kent School Board including four terms as Board President. Mr. Boyce serves on the Puget Sound Regional Fire Authority Board and the Sound Cities Association Public Interest Committee as the Vice Chair. Mr. Boyce holds a bachelor's degree in Business Administration from City University in Seattle and works as a Human Resources leader for The Boeing Company.

INVITED

1. Karan Gill, Council Relations Director, King County Executive 2. Sommer Kleweno-Walley, Interim CEO, Harborview Medical Center 3. Steffanie Fain, President, Harborview Board of Trustees 4. Bill Boyce, Kent City Council, Appointee to the Harborview Medical Center Board of Trustees

ATTACHMENTS

1. Proposed Motion 2021-0157 2. Transmittal Letter

2 K.C.C. 2.42.040.C

COW Meeting Materials Page 9 April 21, 2021 ATTACHMENT 1 KING COUNTY 1200 King County Courthouse 516 Third Avenue Signature Report Seattle, WA 98104

Motion

Proposed No. 2021-0157.1 Sponsors Dunn

1 A MOTION confirming the executive's appointment of the

2 Honorable Bill Boyce, councilmember, city of Kent, who

3 resides in council district nine, to Harborview Medical

4 Center board of trustees, as the district nine representative.

5 BE IT MOVED by the Council of King County:

6 The county executive's appointment of the Honorable Bill Boyce, councilmember,

7 city of Kent, who resides in council district nine, to Harborview Medical Center board of

COW Meeting Materials Page 10 April 21, 2021 Motion

8 trustees, as the district nine representative, for the remainder of a four-year term to expire

9 on July 31, 2024, is hereby confirmed.

KING COUNTY COUNCIL KING COUNTY, WASHINGTON

______

Claudia Balducci, Chair ATTEST:

______

Melani Pedroza, Clerk of the Council

APPROVED this _____ day of ______, ______.

______

Dow Constantine, County Executive

Attachments: None

COW Meeting Materials Page 11 April 21, 2021 ti ATTACHMENT 2 King County Dow Constantine King County Executive 401 Fifth Avenue, Suite 800 Seattle, WA 98104-1818 206-263-9600 Fax 206-296-0194 TTY Relay: 711 www.kingcounty.gov

March 24, 2021

The Honorable Claudia Balducci Chair, King County Council Room 1200 COURTHOUSE

Dear Councilmember Balducci:

Enclosed for consideration and approval by the King County Council is a motion confirming the appointment of the Honorable Bill Boyce, Councilmember, City of Kent, who resides in council district nine, to the Harborview Medical Center Board of Trustees, as the district nine representative, for the remainder of a four-year term expiring July 31, 2024.

Enclosed with this transmittal is Mr. Boyce's application, financial disclosure, HMC board profile, and appointment letter. This appointment request supports the King County Strategic Plan goal of public engagement by expanding opportunities to seek input, listen, and respond to residents.

If you have any questions about this appointment, please have your staff call Rick Ybarra, liaison for boards & commissions, at 206-263-9651.

Sincerely, ,:;;,""-' ~ . Dow Constantine King County Executive

Enclosures

cc: King County Councilmembers ATTN: Carolyn Busch, Chief of Staff Melani Pedroza, Clerk of the Council Dwight Dively, Director, Office of Performance, Strategy and Budget Rick Ybarra, Liaison for Boards & Commissions Jennifer Uy, Staff Liaison The Honorable Bill Boyce, Councilmember, City of Kent

King County is an Equal Opportunity/Affirmative Actio11 Employer COW Meeting Materials a11d complies with the AmericansPage 12 with Disabilitites Act April 21, 2021

Metropolitan King County Council Committee of the Whole

STAFF REPORT

Agenda Item: 7 Name: Sam Porter Proposed No.: 2021-0158 Date: April 21, 2021

SUBJECT

Proposed Motion 2021-0158 would confirm the appointment of David Hadley to the Harborview Medical Center (HMC) Board of Trustees as the district three representative.

SUMMARY

Nominated by King County Councilmember Kathy Lambert in accordance with King County Code 2.42.040.A, the Executive has appointed Bill Boyce to a four-year term on the HMC Board of Trustees, expiring on July 31, 2025. Proposed Motion 2021-0158 would confirm this appointment.

BACKGROUND

1 K.C.C. 2.42.040

COW Meeting Materials Page 13 April 21, 2021

David Hadley previously served on the Harborview Board of Trustees from 2004 to 2017 and is currently the Senior Vice President of Research and Development for Cardiac Insight in Kirkland. Mr. Hadley received his Ph.D. from the California Institute of Technology.

INVITED

1. Karan Gill, Council Relations Director, King County Executive 2. Sommer Kleweno-Walley, Interim CEO, Harborview Medical Center 3. Steffanie Fain, President, Harborview Board of Trustees 4. David Hadley, Appointee to the Harborview Medical Center Board of Trustees

ATTACHMENTS

1. Proposed Motion 2021-0158 2. Transmittal Letter

2 K.C.C. 2.42.040.C

COW Meeting Materials Page 14 April 21, 2021 ATTACHMENT 1 KING COUNTY 1200 King County Courthouse 516 Third Avenue Signature Report Seattle, WA 98104

Motion

Proposed No. 2021-0158.1 Sponsors Lambert

1 A MOTION confirming the executive's appointment of

2 David Hadley, who resides in council district three, to the

3 Harborview Medical Center board of trustees, as the district

4 three representative.

5 BE IT MOVED by the Council of King County:

6 The county executive's appointment of David Hadley, who resides in council

7 district three, to the Harborview Medical Center board of trustees, as the district three

COW Meeting Materials Page 15 April 21, 2021 Motion

8 representative, for a four-year term to expire on July 31, 2025, is hereby confirmed.

KING COUNTY COUNCIL KING COUNTY, WASHINGTON

______

Claudia Balducci, Chair ATTEST:

______

Melani Pedroza, Clerk of the Council

APPROVED this _____ day of ______, ______.

______

Dow Constantine, County Executive

Attachments: None

COW Meeting Materials Page 16 April 21, 2021 tQ ATTACHMENT 2 King County Dow Constantine King County Executive 401 Fifth Avenue, Suite 800 Seattle, WA 98104-1818 206-263-9600 Fax 206-296-0194 TTY Relay: 711 www.kingcounty.gov

March 24, 2021

The Honorable Claudia Balducci Chair, King County Council Room 1200 COURTHOUSE

Dear Councilmember Balducci:

Enclosed for consideration and approval by the King County Council is a motion confirming the appointment of David Hadley, who resides in council district three, to the Harborview Medical Center Board of Trustees, as the district three representative, for a four-year term expiring July 31, 2025.

Enclosed with this transmittal is Mr. Hadley's application, financial disclosure, HMC board profile, and appointment letter. This appointment request supports the King County Strategic Plan goal of public engagement by expanding opportunities to seek input, listen, and respond to residents.

If you have any questions about this appointment, please have your staff call Rick Ybarra, liaison for boards & commissions, at 206-263-9651.

Sincerely,

Dow Constantine King County Executive

Enclosures

cc: King County Councilmembers ATfN: Carolyn Busch, Chief of Staff Melani Pedroza, Clerk of the Council Dwight Dively, Director, Office of Performance, Strategy and Budget Rick Ybarra, Liaison for Boards & Commissions Jennifer Uy, Staff Liaison David Hadley

King County is an Equal Opportunity/Affirmative Action Employer COW Meeting Materials and complies with the AmericansPage 17 with Disabilitites Act April 21, 2021

Metropolitan King County Council Committee of the Whole

STAFF REPORT

Agenda Item: 8 Name: Nick Bowman Proposed No.: 2021-0091 Date: April 21, 2021

SUBJECT

Prohibiting the acquisition and use of facial recognition technology by County administrative offices and executive departments.

SUMMARY

Proposed Ordinance 2021-0091 would prohibit county administrative offices and executive departments from acquiring and using facial recognition technology or facial recognition information. County administrative offices and executive departments would also be prohibited from issuing any permit or entering into any agreement which authorizes any third party to use facial recognition technology or obtain facial recognition information on behalf of the county.

Facial recognition technology is defined as any computer software or application which assists in identifying an individual based on the physical characteristics of the individual's face. Facial recognition information is defined as any data or information obtained or derived from facial recognition technology

Violations of the Proposed Ordinance would constitute an injury to which a person subject to the violation may seek judicial relief.

BACKGROUND

Facial Recognition Technology. Facial recognition technology (FRT) is a category of biometric software1 generally defined as a method of identifying or confirming an individual’s identity using their face. Facial recognition can be used to identify people in photos, videos, or in real-time. While specific methods vary depending on the system provider, FRT generally includes the following processes: • Capture: the process of finding an individual's face and removing the face from a larger image. • Analysis: the process of mapping an individual's facial features/characteristics, such as the distance between a person's eyes, the depth of their eye sockets,

1 Other types of biometric software include voice recognition, fingerprint recognition, and eye retina or iris recognition.

COW Meeting Materials Page 18 April 21, 2021 the distance from forehead to chin, the shape of the cheekbones, and the contour of the lips, ears, and chin. • Conversion: The process of taking the analyzed facial features and creating a standardized facial “template” or mathematical representation which can be compared to other facial templates housed in a reference database (often referred to as a gallery). • Identification or Verification: The process of comparing a facial template against a database or gallery of other facial templates. o For an identification task, the facial recognition system is provided a probe image and attempts to match it with a biometric reference in a gallery. o For a verification task, an individual with a pre-existing relationship with an institution (and therefore already enrolled in the reference database or gallery) presents their biometric characteristics to the system (either a face or an image), claiming to be in the reference database or gallery (i.e. claiming to be a legitimate identity). The system then attempts to match the face or image with the claimed template in the reference database and either verifies or rejects the face or image.2

Automated facial recognition was developed in the 1960s, but did not really become widespread until the 2010s when computers became capable of training the neural networks required to make facial recognition a standard feature.3 Today, facial recognition is used across the globe for a variety of purposes; from the relatively mundane, such as unlocking a smart phone and tagging a friend in a social media post, to the highly sophisticated, such as targeted advertising, law enforcement and surveillance.

A non-exhaustive list of FRT uses include: • Accessing personal electronic devices and/or secure locations. • Social media (i.e. tagging individuals in pictures/videos, "filter" applications, etc.). • Law Enforcement: o Collecting arrestee mugshots and comparing them against local, state, and federal databases. o Querying mugshot databases to identify individuals in images. o Verifying the identity of wanted criminals or those suspected of a crime. o Locating missing persons and/or victims of human trafficking. o Identity theft and fraud detection. • Streamline travel with "biometric passports" at border crossings and airports. • Event registration. • Individualized and targeted advertising/marketing. • Retail theft prevention. • Employee time and performance tracking.

2 Introna, Lucas D. & Nissenbaum, Helen. (2010). "Facial Recognition Technology A Survey of Policy and Implementation Issues" New York University Center for Catastrophe Preparedness and Response. https://nissenbaum.tech.cornell.edu/papers/facial_recognition_report.pdf 3 Klosowski, Thorin. (July 15, 2020) "Facial Recognition Is Everywhere. Here’s What We Can Do About It." https://www.nytimes.com/wirecutter/blog/how-facial-recognition-works/

COW Meeting Materials Page 19 April 21, 2021 • Banking. • Healthcare.

Concerns.

The rapid advancement and sophistication of FRT in the last several years has raised concerns over its use. These concerns primarily focus on the accuracy of the technology, demographic biases, and encroachment on civil liberties.

Accuracy and Bias. FRT has proven effective with relatively small populations in controlled environments, for the verification of identity claims in which an image of an individual’s face is matched to a pre-existing image “on-file” associated with the claimed identity (the verification task).4 According to independent tests by the United States National Institute of Standards and Technology (NIST), between 2014 and 2018, the failure rate for finding a match in a database of twelve million portrait photos fell from 4% to 0.2%.5 However, accuracy decreases when there is no standardized photo for comparison or when the comparison comes from a photo from an uncontrolled environment such as a face in a crowd image or a still from a live video feed. FRT works best when the picture is head-on and has no movement. Additionally, because faces change over time, unlike fingerprints or DNA, the technology can trigger incorrect results by changes in hairstyle, facial hair, body weight, and the effects of aging.6

Overall, the accuracy and reliability of FRT depends on several factors including: • Environment: The conditions of the images to be compared (background, lighting, camera distance, and size and orientation of the head). • Image Age: The time that has elapsed between the images to be compared. • Consistent Camera Use: Similar optical characteristics of the camera used for the enrollment process and for obtaining the on-site image (light intensity, focal length, color balance, etc.). • Gallery Size: As the size of the gallery increases, the number of possible images that enter the gallery as near-identical mathematical representations (biometric doubles) also increases.7

Biases. Research has indicated that FRT may not be as accurate in reading the faces of certain demographic groups. FRT biases can occur when the neural networks of the system are trained on a data set of images which are not demographically balanced. When the system learns from a demographically uneven pool of images, the error rate for the demographic groups less represented in the data set increases.8

4 Introna, Lucas D. & Nissenbaum, Helen. (2010). 5 Grother, Patrick. Ngan, Mei & Hanaoka, Kayee. (2018). "Ongoing Face Recognition Vendor Test (FRVT) Part 2: Identification" National Institute of Standards and Technology. https://doi.org/10.6028/NIST.IR.8238 6 Hamann, Kristine & Smith, Rachel. "Facial Recognition Technology: Where will it take us?" Criminal Justice Spring 2019. Pg. 9-13. https://pceinc.org/wp-content/uploads/2019/11/20190528-Facial- Recognition-Article-3.pdf 7 Introna, Lucas D. & Nissenbaum, Helen. (2010). 8Garvie, Clare & Frankle, Jonathan. "Facial-Recognition Software Might Have a Racial Bias Problem." The Atlantic. (April 7, 2016). https://www.theatlantic.com/technology/archive/2016/04/the-underlying-bias- of-facial-recognition-systems/476991/

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Research has shown that the demographic biases may be a product of the geographic region the FRT is developed. According to a 2011 NIST study of FRT algorithms developed in Western countries (France, Germany and the United States) and algorithms developed in East Asian countries (China, South Korea and Japan), Western algorithms recognized Caucasian faces more accurately than East Asian faces; and the East Asia algorithms recognized East Asian faces more accurately than Caucasian faces.9

More recent studies have shown that demographic biases persist, despite the general improvement in FRT in the last several years. A 2018 study testing three commercial face-analysis services found that the datasets were overwhelmingly composed of lighter-skinned subjects. As a result, the study found that darker-skinned females were the most misclassified group, with error rates of up to 34.7%, compared to the maximum error rate of 0.8% for lighter-skinned males.10

Civil Liberties. The use of FRT by governments and private enterprises, wherein individuals may have their faces scanned and added to a system's data set unknowingly and without consent, has raised concerns over the infringement on individual's right to privacy and other civil liberties. Civil rights and privacy organizations have argued that individuals have an expectation of anonymity in public settings and that few are privy to their identity and personal information. FRT erodes this expectation by allowing the user to identify an individual by their face and associate that individual's face with internet behavior, travel patterns, or other personal information.11 Opponents have argued further that FRT may also allow unknown individuals or entities to track people’s locations, movements, and companions and that information collected or associated with FRT could be used, shared, or sold in ways that people do not understand, anticipate, or consent to.12

Recent instances of FRT's use by law enforcement agencies have been cited by organizations such as the ACLU and the Electronic Freedom Foundation as examples of the threat posed by FRT to civil liberties. In 2016, the ACLU of Northern California reported that during protests surrounding the death of Freddie Gray, the Baltimore Police Department ran social media photos through face recognition technology to identify protesters and monitor them.13 Also, in January 2020, a man named Robert

9 Phillips, P. , O'Toole, A. , Narvekar, A. , Jiang, F. and Ayadd, J. (2010), "An Other-Race Effect for Face Recognition Algorithms" National Institute of Standards and Technology, https://tsapps.nist.gov/publication/get_pdf.cfm?pub_id=904972 10 Buolamwini, Joy & Gebru, Timnit. (2018) "Gender Shades: Intersectional Accuracy Disparities in Commercial Gender Classification" 11 Geiger, Harley. "Facial Recognition and Privacy" Center for Democracy and Technology. https://cdt.org/insights/facial-recognition-and-privacy/ 12 Cackley, Alicia Puente (July 2015). "FACIAL RECOGNITION TECHNOLOGY Commercial Uses, Privacy Issues, and Applicable Federal Law" 13 Cagle, Matt. "Facebook, Instagram, and Twitter Provided Data Access for a Surveillance Product Marketed to Target Activists of Color." ACLU of Northern California. https://www.aclunc.org/blog/facebook-instagram-and-twitter-provided-data-access-surveillance-product- marketed-target

COW Meeting Materials Page 21 April 21, 2021 Julian-Borchak Williams was arrested by the Detroit Police Department after being wrongly identified by the department's facial recognition system.14

Proponents of the technology point to instances where FRT has aided law enforcement in investigations and the apprehension of criminals. Once such instance is the August 2019 arrest of Larry Griffin II, who was arrested after being identified by a detective in the New York Police Department's Facial Identification Section on charges of placing fake bombs in a lower Manhattan subway station.15 Other instances include FRT's assistance in recovering victims of human and sexual trafficking16, and preventing foreign nationals from entering the United States using falsified or stolen U.S. passports.17 More recently, federal court documents show the Federal Bureau of Investigation used FRT to assist in the identification of those individuals who participated in the January 6, 2021 riots at the U.S. Capitol in Washington D.C.18

Bans on Facial Recognition Technology. Citing many of the concerns listed above, several U.S. cities have banned municipal agencies from using FRT. As of November 2020, thirteen cities have enacted some form of FRT ban, including San Francisco, California, Boston, Massachusetts, Portland, Oregon, Portland, Maine, Jackson, Mississippi, and others.19

ANALYSIS

Proposed Ordinance 2021-0091 would ban the acquisition and use of facial recognition technology and facial recognition information by county administrative offices and executive departments.20 The Proposed Ordinance would also prohibit county administrative offices and executive departments from issuing any permit or entering into any agreement which authorizes a third party to use facial recognition technology or

14 Hill, Kashmir. "Wrongfully Accused by an Algorithm." The New York Times. (June 24, 2020). https://www.nytimes.com/2020/06/24/technology/facial-recognition- arrest.html?referringSource=articleShare 15 McCarthy, Craig. "How NYPD’s facial recognition software ID’ed subway rice cooker kook." The New York Post. (August 25, 2019). https://nypost.com/2019/08/25/how-nypds-facial-recognition-software-ided- subway-rice-cooker-kook/ 16 Simonite, Tom. "How Facial Recognition Is Fighting Child Sex Trafficking." Wired. (June 19, 2019). http://wired.com/story/how-facial-recognition-fighting-child-sex-trafficking/ 17 Sapp, Stephen. "Dulles CBP’s New Biometric Verification Technology Catches Third Impostor in 40 Days." (October 20, 2018). https://www.cbp.gov/newsroom/national-media-release/dulles-cbp-s-new- biometric-verification-technology-catches-third 18 Harwell, Drew & Timberg, Craig. "How America’s surveillance networks helped the FBI catch the Capitol mob." The Washington Post. (April 2, 2021). https://www.washingtonpost.com/technology/2021/04/02/capitol-siege-arrests-technology-fbi-privacy/ 19 Flynn, Shannon. "13 Cities Where Police Are Banned From Using Facial Recognition Tech." Innovation and Tech Today. (November 18, 2020). https://innotechtoday.com/13-cities-where-police-are-banned- from-using-facial-recognition-tech/#:~:text=1.,facial%20recognition%20back%20in%202019. 20 King County Charter Section 350 defines county administrative offices as "those agencies of the executive branch which provide administrative services for the various agencies of county government," and executive departments as "the department of assessments, the department of judicial administration, the department of elections, the department of public defense and those agencies of the executive branch which are primarily engaged in the execution and enforcement of ordinances and statutes concerning the public peace, health and safety and which furnish or provide governmental services directly to or for the residents of the county." The Department of Public Safety, otherwise known as the King County Sheriff's Office, is also included the list of executive departments under Charter Section 350.20.40.

COW Meeting Materials Page 22 April 21, 2021 obtain or access facial recognition information on behalf of the county. However, evidence relating to the investigation of a specific crime that may have come from facial recognition technology may be used by a county administrative office or executive department so long as the evidence was not generated by or at the request of the county office or department.

The Proposed Ordinance defines facial recognition technology as any computer software or application which assists in identifying, or verifying the identify of, an individual based on the physical characteristics of the individual's face. Facial recognition technology does not include the analysis of facial features to grant access to an electronic device or the use of redacting software to protect the privacy of an individual depicted in a recording intended for release or disclosure. Facial recognition information is also defined as any data or information obtained or derived from facial recognition technology.

The Proposed Ordinance would establish a process for county personnel who inadvertently or unintentionally use or access facial recognition information. County personnel is defined to include any person or entity acting on behalf of the county whether an officer, employee, agent, contractor, subcontractor vendor or volunteer. This process would require county personnel to notify their direct supervisor that they received, used, or gained access to facial recognition information and that they immediately delete the information subject to applicable laws.

Any facial recognition information collected or derived in violation of the established ban would be considered unlawfully obtained. Violations of the established ban on the use of facial recognition technology and/or information would constitute an injury to which a person subject to the violation may seek relief in any court of competent jurisdiction. Furthermore, a prevailing plaintiff in any such court proceeding would be entitled to awarded costs and reasonable attorney fees.

AMENDMENT

Striking Amendment S1 makes technical corrections to the body of the ordinance.

ATTACHMENTS

1. Proposed Ordinance 2021-0091 2. Amendment S1

COW Meeting Materials Page 23 April 21, 2021 ATTACHMENT 1 KING COUNTY 1200 King County Courthouse 516 Third Avenue Signature Report Seattle, WA 98104

Ordinance

Proposed No. 2021-0091.1 Sponsors Kohl-Welles and Dembowski

1 AN ORDINANCE relating to facial recognition,

2 prohibiting the acquisition and use of facial recognition

3 technology by County administrative offices and executive

4 departments, including the department of public safety; and

5 adding a new chapter in K.C.C. Title 2.

6 STATEMENT OF FACTS:

7 1. The development of a diverse array of sophisticated surveillance tools,

8 including facial recognition technology, combined with the impacts of the

9 COVID-19 pandemic, has spurred the unprecedented surveillance of

10 individuals by governments around the world.

11 2. The council finds that the propensity for surveillance technology,

12 specifically facial recognition technology, to endanger civil rights and

13 liberties substantially outweighs the purported benefits, and that such

14 technology will exacerbate racial injustice.

15 3. The council finds that the use of facial recognition technology to

16 watch, categorize, monitor and record the activities and movements of

17 county residents disproportionately impacts people of color, immigrants,

18 LGBTQ people, and political activists of all backgrounds. Bias, accuracy

19 issues, and stereotypes built into facial recognition technology pose a

COW Meeting Materials Page 24 April 21, 2021 Ordinance

20 threat to the residents of King County.

21 4. The council recognizes the emerging need to protect individuals' public

22 safety, privacy and civil rights has led a growing number of local

23 governments to adopt laws prohibiting the use of facial recognition and

24 other surveillance technology. United States cities including Oakland, San

25 Francisco and Boston have passed bans on the government use of facial

26 recognition technology.

27 BE IT ORDAINED BY THE COUNCIL OF KING COUNTY:

28 SECTION 1. Sections 2 through 4 of this ordinance should constitute a new

29 chapter in K.C.C. Title 2.

30 NEW SECTION. SECTION 2. The definitions in this section apply throughout

31 this chapter unless the context clearly requires otherwise.

32 (1) “County personnel” means any person or entity acting on behalf of a King

33 County administrative office or executive department, including the

34 department of public safety, including any officer, employee, agent,

35 contractor, subcontractor, vendor or volunteer.

36 (2) “Facial recognition” means an automated or semi-automated process that

37 assists in identifying, or verifying the identity of, an individual based on the

38 physical characteristics of an individual's face.

39 (3) “Facial recognition information” means any data or information obtained or

40 derived from facial recognition technology.

41 (4) (a) "Facial recognition technology" means any computer software or

42 application that performs facial recognition.

COW Meeting Materials Page 25 April 21, 2021 Ordinance

43 (b) "Facial recognition technology" does not include: (i) The analysis of facial

44 features to grant or deny access to an electronic device; or (ii) the use of an

45 automated or semiautomated process for the purpose of redacting a recording

46 for release or disclosure by county administrative offices or executive

47 departments, including the department of public safety to protect the privacy

48 of a subject depicted in the recording, if the process does not generate or result

49 in the retention of any facial recognition information.

50 NEW SECTION. SECTION 3.

51 A. It shall be unlawful for any King County administrative office or executive

52 department, including the department of public safety, to:

53 (1) Obtain, retain, possess, access, or use (i) any facial recognition technology, or

54 (ii) any facial recognition information; and

55 (2) Issue any permit or enter into any contract or agreement that authorizes any

56 third party, on behalf of a county administrative office or executive

57 department, including the department of public safety to obtain, retain, posses,

58 access, or use, (i) any facial recognition technology, or (ii) facial recognition

59 information

60 B. County personnel's inadvertent or unintentional receipt, retention of, access of or

61 use of any facial recognition information shall not be a violation of this ordinance

62 provided that:

63 a. The county personnel did not intentionally request, retain, or solicit the

64 receipt, access, or use of such information;

65 b. The county personnel logs such receipt, access or use with their direct

COW Meeting Materials Page 26 April 21, 2021 Ordinance

66 supervisor, not including any personally identifiable information or other

67 information the release of which is prohibited by law, no longer than

68 seven days after such receipt, access or use; and

69 c. The county personnel immediately deletes any facial recognition

70 information unintentionally received, retained, accessed, or used, subject

71 to applicable law.

72 C. Nothing in 3.A shall prohibit a county administrative office or executive

73 department, including the department of public safety from:

74 (1) Using evidence relating to the investigation of a specific crime that may have

75 been generated from a facial recognition technology, so long as such evidence

76 was not generated by or at the request of the county administrative office or

77 executive department, including the department of public safety; or

78 (2) Using social media or communications software or applications for

79 communicating with the public, provided such use does not include the

80 affirmative use of any facial recognition technology or facial recognition

81 information;

82 (3) Using automated redaction software, provided such software does not have

83 the facial recognition capabilities; or

84 (4) Complying with the National Child Search Assistance Act.

85 NEW SECTION. SECTION 4.

86 A. Any facial recognition information collected or derived in violation of this

87 ordinance shall be considered unlawfully obtained and shall be deleted upon

88 discovery, subject to applicable law.

COW Meeting Materials Page 27 April 21, 2021 Ordinance

89 B. Any violation of this ordinance constitutes an injury and any person may institute

90 proceedings for injunctive relief, declaratory relief, or writ of mandate in any

91 court of competent jurisdiction to enforce this ordinance. A court shall award

92 costs and reasonable attorneys' fees to a plaintiff who is the prevailing party in

93 such proceedings.

94 C. Violations of this ordinance by any county personnel may include retraining,

95 suspension, or termination, subject to due process requirements and provisions of

96 collective bargaining agreements.

97 D. Nothing in this section shall be construed to limit any individual's rights under

98 state or federal law.

99 SECTION 5. Severability. If any provision of this ordinance or its application to

100 any person or circumstance is held invalid, the remainder of the ordinance or the

101 application of the provision to other persons or circumstances is not affected.

102

KING COUNTY COUNCIL KING COUNTY, WASHINGTON

______

Claudia Balducci, Chair ATTEST:

______

COW Meeting Materials Page 28 April 21, 2021 Ordinance

Melani Pedroza, Clerk of the Council

APPROVED this _____ day of ______, ______.

______

Dow Constantine, County Executive

Attachments: None

COW Meeting Materials Page 29 April 21, 2021

February 9, 2021 S1 Technical Striker

Sponsor: Kohl-Welles [B. Ritzen] Proposed No.: 2021-0091

1 STRIKING AMENDMENT TO PROPOSED ORDINANCE 2021-0091, VERSION

2 1

3 On page 1, beginning on line 6, strike everything through page 5, line 101, and insert:

4 "STATEMENT OF FACTS:

5 1. The development of a diverse array of sophisticated surveillance tools,

6 including facial recognition technology, combined with the impacts of the

7 COVID-19 pandemic, has spurred the unprecedented surveillance of

8 individuals by governments around the world.

9 2. The council finds that the propensity for surveillance technology,

10 specifically facial recognition technology, to endanger civil rights and

11 liberties substantially outweighs the purported benefits, and that such

12 technology will exacerbate racial injustice.

13 3. The council finds that the use of facial recognition technology to

14 watch, categorize, monitor, and record the activities and movements of

15 county residents disproportionately impacts people of color, immigrants,

16 LGBTQ people and political activists of all backgrounds. Bias, accuracy

17 issues and stereotypes built into facial recognition technology pose a threat

18 to the residents of King County.

- 1 - COW Meeting Materials Page 30 April 21, 2021 19 4. The council recognizes the emerging need to protect individuals' public

20 safety, privacy and civil rights has led a growing number of local

21 governments to adopt laws prohibiting the use of facial recognition and

22 other surveillance technology. United States cities including Oakland, San

23 Francisco and Boston have passed bans on the government use of facial

24 recognition technology.

25 5. The department of public safety, otherwise known as the King County

26 sheriff's office, is a county executive department according to Section

27 350.20.40 of the King County Charter.

28 BE IT ORDAINED BY THE COUNCIL OF KING COUNTY:

29 SECTION 1. Sections 2 through 4 of this ordinance should constitute a new

30 chapter in K.C.C. Title 2.

31 NEW SECTION. SECTION 2. The definitions in this section apply throughout

32 this chapter unless the context clearly requires otherwise.

33 A. "County personnel" means any person or entity acting on behalf of a King

34 County administrative office or executive department, including any officer, employee,

35 agent, contractor, subcontractor, vendor or volunteer.

36 B. "Facial recognition" means an automated or semiautomated process that

37 assists in identifying, or verifying the identity of, an individual based on the physical

38 characteristics of an individual's face.

39 C. "Facial recognition information" means any data or information obtained or

40 derived from facial recognition technology.

- 2 - COW Meeting Materials Page 31 April 21, 2021 41 D.1. "Facial recognition technology" means any computer software or application

42 that performs facial recognition.

43 2. "Facial recognition technology" does not include:

44 a. the analysis of facial features to grant or deny access to an electronic device;

or 45 or

46 b. the use of an automated or semiautomated process for the purpose of

47 redacting a recording for release or disclosure by county administrative offices or

48 executive departments, to protect the privacy of a subject depicted in the recording, if the

49 process does not generate or result in the retention of any facial recognition information.

50 NEW SECTION. SECTION 3.

51 A.1. It shall be unlawful for any King County administrative office or executive

52 department to:

53 a. obtain, retain, possess, access or use:

54 (1) any facial recognition technology; or

55 (2) any facial recognition information; and

56 b. issue any permit or enter into any contract or agreement that authorizes any

57 third party, on behalf of a county administrative office or executive department public

58 safety, to obtain, retain, posses, access or use:

59 (1) any facial recognition technology; or

60 (2) facial recognition information.

61 2. Nothing in this subsection A. prohibits a county administrative office or

62 executive department from:

- 3 - COW Meeting Materials Page 32 April 21, 2021 63 a. using evidence relating to the investigation of a specific crime that might

64 have been generated from a facial recognition technology, so long as the evidence was

65 not generated by or at the request of the county administrative office or executive

66 department;

67 b. using social media or communications software or applications for

68 communicating with the public, but only if use does not include the affirmative use of

69 any facial recognition technology or facial recognition information;

70 c. using automated redaction software, but only if software does not have the

71 facial recognition capabilities; or

72 d. complying with the National Child Search Assistance Act.

73 B. County personnel's inadvertent or unintentional receipt, retention of, access of

74 or use of any facial recognition information is not a violation of this chapter, but only if:

75 1. The county personnel did not intentionally request, retain or solicit the

76 receipt, access or use of the information;

77 2. The county personnel logs the receipt, retention of, access or use with the

78 county personnel's direct supervisor, not including any personally identifiable

79 information or other information the release of which is prohibited by law, no longer than

80 seven days after the receipt, retention of access or use; and

81 3. The county personnel immediately deletes any facial recognition information

82 unintentionally received, retained, accessed or used, subject to applicable law.

83 NEW SECTION. SECTION 4.

- 4 - COW Meeting Materials Page 33 April 21, 2021 84 A. Any facial recognition information collected or derived in violation of this

85 chapter shall be considered unlawfully obtained and shall be deleted upon discovery,

86 subject to applicable law.

87 B. Any violation of this chapter constitutes an injury and any person may

88 institute proceedings for injunctive relief, declaratory relief or writ of mandate in court to

89 enforce this chapter. The court shall award costs and reasonable attorneys' fees to a

90 plaintiff who is the prevailing party in the proceedings.

91 C. Violations of this chapter by any county personnel may result in retraining,

92 suspension or termination of the county personnel, subject to due process requirements

93 and collective bargaining agreements.

94 D. Nothing in this section shall be construed to limit any individual's rights under

95 state or federal law.

96 SECTION 5. Severability. If any provision of this ordinance or its application to

97 any person or circumstance is held invalid, the remainder of the ordinance or the

98 application of the provision to other persons or circumstances is not affected."

99 EFFECT prepared by Nick Bowman: Makes technical corrections to the body of the

100 ordinance.

- 5 - COW Meeting Materials Page 34 April 21, 2021