CHARLESTON, S.C. (WCBD) – Goose Creek City Council will discuss Tuesday a potential policy regarding the public recording or taking photos on city property. While council members will not take a specific vote during the meeting, they will talk about the proposal during a workshop held at the city’s fire department headquarters. The proposal designated certain locations as limited access areas of city property, like portions of city hall that the public does not usually have access to. The definition of what would be considered limited access is broad in the proposal. It says limited access areas may be designated by doors, physical barriers, building design features, signage, reception desks or stations, ropes, fencing, or other visible indications. Anywhere though could be considered a limited access area because “the lack of visible indications shall not prevent the Municipality from considering or treating an area as a Limited Access Area. The Municipality shall retain the right to verbally instruct third parties that an area is a Limited Access Area.” That wording seems to indicate officials could decide any area is a limited access area at will. If you are seen taking photos or shooting video, on city property according to these rules of conduct, it says municipal employees should report your activity to municipal officials, preferably law enforcement. The rules of conduct also state that city employees should monitor photographers or videographers on municipality property, but should refrain from engaging them unless they violate any part of this Rule of Conduct. Violators could be told to leave the property for a period of up to 24 hours. The wording specifically says, “No person shall photograph, audio record, or video record any private third party lawfully entering into, using, or occupying a Limited Access Area without the express consent of such third party. Keep in mind, city council has not approved this proposal. This is simply what they will be discussing at the workshop. If council decides to vote on this, or make changes before voting at a later date. Goose Creek Mayor Greg Habib shared the following statement with News 2 regarding the proposal: Following a recent First Amendment Auditor's visit to City Hall, we realized we had no written policy or procedure in place to address such situations. While we respect the rights of all citizens and there was no issue during the recent visit, we feel it is important for our staff, our citizens, and our customers that we institute a policy and standard operating procedure related to public access and video within City property.  To that end, we are in the initial stages of vetting such a policy by reviewing the standard sample policy provided by MASC. This sample policy may or may not be appropriate for our community. Tonight's City Council workshop is the first of many discussions regarding this policy.  The City of Goose Creek, our staff and our Council are committed to transparent government and the rights of all. Any policy instituted in the future will reflect that. -- Policy Regarding Public Access to and Video and Audio Recording on Municipality Property PURPOSE The City Council (the “Council”) of the City of Goose Creek(the “Municipality”) is committed to protecting the rights of citizens under the First Amendment of the United States Constitution, while implementing policies and procedures that protect the health, safety, welfare, and personal privacy of the Municipality’s employees and the general public who do business with or use the services of the Municipality. This policy (this “Policy”) is intended to delineate those portions of the Municipality Property (as defined herein) that are accessible to and observable by the general public from those portions that are accessible on a limited basis, establish rules of conduct that are applicable to all Municipality Property, and specify procedures for Municipality employees who encounter those who wish to access Municipality Property for observational purposes. DEFINITIONS “Limited Access Area” means any designated area on Municipality Property that is not generally open to or occupied by the public; is open to or occupied by the public on only a limited, as-needed, or by-invitation basis; or is in an area generally open to or occupied by the public in close proximity towhere private third parties conduct business with Municipality employees. Limited Access Areas may be designated by doors, physical barriers, building design features, signage, reception desks or stations, stanchions, ropes, fencing, bollards, or other visible indications. The lack of visible indications shall not prevent the Municipality from considering or treating an area as a Limited Access Area. The Municipality shall retain the right to verbally instruct third parties that an area is a Limited Access Area. Without limiting the generality of the foregoing, Limited Access Areas include but are not limited to the following: a) Employee offices. b) Employee workspaces including copy rooms, mailrooms, and break areas. c) Employee parking lots, storage areas, access points, or other outside areas marked for use by Municipality employees or vehicles only. d) Areas in close proximity to places, stations, desks, counters, or teller windows at which private third parties conduct business with Municipality employees. e) Hallways, staircases, restrooms, elevators, and other areas by purpose or function restricted to limited or transitory occupancy or providing access solely to other Limited Access Areas. f) Maintenance, storage, and warehousing facilities. g) Public works and public safety buildings, except for any designated waiting or reception areas therein. h) Water, sewer, and other public utility facilities. “Municipality Official” means, for purposes of this policy: a) Any Municipality law enforcement officer. b) Any person providing security services in any MunicipalityProperty pursuant to contract with the Municipality or with any person, firm, or corporation managing a MunicipalityProperty on the Municipality’s behalf. c) With respect to any building, facility, area, or space assigned to a Municipality department, division, or agency, the director or manager of such department, division, or agency, or any person that such official specifically designates in writing. d) The City Administrator, Assistant City Administrator, Chief Financial Officer, or any person that such officials specifically designate in writing. “Municipality Property” means any real property owned by the Municipality or in which the Municipality has a property interest or property management responsibility “Public Area” means any area on Municipality Property that is generally open to general public access and occupancy that is not otherwise designated as a Limited Access Area. “Rules of Conduct” means the specific guidelines set forth in this policy. RULES OF CONDUCT ON MUNICIPALITY PROPERTY To maintain an environment that promotes orderly administrative and business operations, and to take reasonable and prudent actions to protect the health, welfare, safety, and personal privacy of all persons at Municipality Property, the Rules of Conduct in this section apply and are to be enforced at all Municipality Property except where specific rules of conduct or prohibitions have been adopted for designated MunicipalityProperty. Rules of Conduct Applicable to All Municipality Property. The following Rules of Conduct shall apply at all MunicipalityProperty, including both Public Areas and Limited Access Areas: a) No person shall enter, attempt to enter, or remain in any areas of Municipality Property for any purpose other than to conduct legitimate business with Municipality offices or tenants located at Municipality Property, to enjoy publicly accessible amenities in Public Areas, to lawfully assemble for social or public interaction in Public Areas specifically designated for such assembly, or to exercise other constitutionally protected rights. The appropriate Municipality Officials may adopt specific policies with respect to Municipality Property under their custody and control to manage conditions for use of such MunicipalityProperty including without limitation to establish hours and terms of use, reservation protocols, use and user priority, and fees for use. b) No person shall engage in any activity on MunicipalityProperty that would constitute a violation of federal, state, or local law or regulation. c) No person shall engage in activity that disrupts or interferes with the normal operation or administration of Municipalitybusiness at Municipality Property, lawful use by Municipality employees and authorized users at Municipality Property, or Municipality-permitted activities.  d) No person shall stalk, harass, threaten, intimidate, or otherwise compromise the wellbeing and safety of Municipality employees or private third parties lawfully using Municipality Property. Photography, audio recording, or video recording does not, in and of itself, violate this Rule of Conduct. Likewise, conduct that would otherwise violate this Rule of Conduct shall not be permitted merely because the conduct involves photography, audio recording, or video recording. e) No person shall interfere or obstruct the free passage of Municipality employees or authorized third parties in or on Municipality Property, including without limitation by standing in, blocking access to, or occupying areas for purposes of photography, audio recording, or video recording.  f) No person shall photograph, audio record, or video record in such a manner that would allow capture of, access to, or disclosure of private, personal, confidential, sensitive, or privileged information of private third parties. The Municipality may enforce this Rule of Conduct by imposing minimum standing or separation distances from areas, stations, desks, counters, or teller windows at which private third parties conduct business with Municipalityemployees. Limited Access Areas The following Rules of Conduct shall apply at all Limited Access Areas: a) Limited Access Areas shall be accessible only to the following: (i) employees, elected officials, and appointed officials of the Municipality; and (ii) private parties but only on a limited, as-needed, or by-invitation basis, to include those private parties accessing a Limited Access Area for the express purpose of conducting business with Municipality employees.  b) Photography, audio recording, and video recording is prohibited in Limited Access Areas, except as follows: (i) any Municipality Official may authorize audio or video recording or photography in Limited Access Areas, for good cause shown, with the consent of all parties to be recorded or photographed, provided that any Municipality Official may impose appropriate and reasonable conditions on the recording or photography to prevent the unauthorized disclosure of confidential information; and (ii) audio and video recording and photography may be permitted in Limited Access Areas when specifically authorized by applicable law or agreements. c) No person shall photograph, audio record, or video record any private third party lawfully entering into, using, or occupying a Limited Access Area without the express consent of such third party. EXCLUSION If a person violates these Rules of Conduct while in or upon Municipality Property, any Municipality Official may eject and direct such person to leave Municipality Property for a period of up to 24 hours. It shall not be necessary for such MunicipalityOfficial to allege any crime or other violation of applicable law other than these Rules of Conduct in order to support such notice of exclusion; provided that violation of such notice of exclusion may be deemed a trespass under applicable law. The notice of exclusion shall be in writing, given to the person excluded and signed by the Municipality Official. It shall specify the dates and places of exclusion and shall contain a warning of consequences for failure to comply with the notice of exclusion. SECURITY PROCEDURES a) Any person may photograph, film, or record audio of any Public Area. Any such activity should be reported to a Municipality Official, preferably a law enforcement officer if possible. b) Municipality employees should refrain from engaging with photographers and videographers wherever possible. Municipality employees should monitor photographers or videographers on Municipality Property, but should refrain from engaging them unless they violate any Rule of Conduct. In the event that engagement is necessary, every effort should be made to respond calmly without escalating the encounter.  c) A Municipality employee who does not wish to be photographed or recorded may retire to a Limited Access Area.  d) Municipality employees are not required to respond to questions or demands from any photographer or videographer, and should refrain from doing so if possible. e) Municipality employees may invite a private third-partyconducting business with the Municipality and who do not wish to be photographed or filmed to retire to a more private Limited Access Area in order to complete any business or transaction. f) Municipality law enforcement officers may approach photographers and videographers upon a complaint from a member of the public or Municipality employees that theactivity is suspicious or based upon their own observation that the activity is suspicious or inconsistent with this Policy. This Policy neither limits nor expands the authority of Municipality law enforcement officers to initiate and pursue investigations, to perform pat downs or frisks based upon reasonable suspicion, or to conduct searches based upon probable cause in accordance with legal authority. Photography, audio recording, or video recording does not, in and of itself, rise to the level of reasonable suspicion or probable cause.