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Memorandum of Understanding
<br />City of Pleasanton and Pleasanton Unified School District
<br />Regarding Limited Access to Pleasanton Unified School District’s
<br />Avigilon Security Camera System
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<br />1
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<br />The purpose of this Memorandum of Understanding ("MOU") is to describe and define the
<br />City of Pleasanton’s ("City") limited access to Pleasanton Unified School District's ("District")
<br />Avigilon video security system’s live video footage and/or recordings ("Avigilon System") in the
<br />event of an emergency as set forth in this MOU. The access described below is intended to provide
<br />policing services for the benefit and safety of the District and community, while protecting student
<br />privacy and complying with State and Federal laws regarding confidential student records and
<br />information, and related District policies and regulations. (See 20 U.S.C. § 1232g; 34 C.F.R. Part
<br />99; Cal. Ed. Code, § 49060 et seq., 49076; District Board Policy and Administrative Regulation
<br />("BP/AR") 3515, 3516, 5125, 5144.1, 5145.13, 0450.) This MOU is entered into by and between
<br />the City and the District. Access to and/or use of recordings from the Avigilon System under this
<br />MOU is exclusively limited to the Pleasanton Police Department (“PPD”), and no other entity or
<br />person, including any other City department, personnel, or representative, is permitted such access
<br />and/or use.
<br />TERMS OF ACCESS
<br />1. The District has implemented the Avigilon System on its campuses, buildings, and
<br />grounds. As utilized and operated by the District, the video cameras are located in
<br />external public places and very limited internal common areas (e.g., hallways), and only
<br />record video, not audio. As set forth in District policy and regulations, the
<br />recordings/footage resulting from Avigilon System created by the District are District
<br />Law Enforcement Unit Records under the Federal Family Educational Rights and
<br />Privacy Act ("FERPA").
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<br />2. The nature of such videos, footage, and recording, however, may be transmuted into
<br />protected student records in certain circumstances. In such instances, District
<br />surveillance videos, footage, and recording shall be treated subject to FERPA and the
<br />Education Code limitations regarding student records. Whether or not District
<br />surveillance videos, footage, and recording have transmuted from a Law Enforcement
<br />Unit Records, a student record, or a different type of record subject to disclosure
<br />limitations, is at the determination and discretion of the District.
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<br />3. Accordingly, in order to satisfy its legal obligations and assist in policing efforts for the
<br />benefit of the District's community, the PPD, in cooperation, consultation, and
<br />coordination with the District, may, at its own expense, access the District's Avigilon
<br />System only within the parameters described in this MOU.
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<br />4. The PPD may access the District's Avigilon System videos, footage, or recordings in the
<br />event of an emergency situation, which includes active shooter(s), bomb threats, or any
<br />other imminent threat to life, limb, or safety of building occupants or the community
<br />surrounding District school grounds (“Emergency Situation Access”). Emergency
<br />Situation Access shall extend to emergency situations that occur both during and after
<br />school hours. Emergency Situation Access shall also extend to after school hours when
<br />Docusign Envelope ID: 640A4474-1873-4B33-91F9-3008DF7C8D07
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