City of Hemet
City Council Meeting
STAFF REPORT
Meeting: City Council Meeting - Feb 25 2025
Department: City Attorney
Submitted by: Mark Prestwich, City Manager
Steven Graham, City Attorney;
☐ Receive and File ☐ Consent Calendar ☒ Business Item ☐ Public Hearing
TITLE:
A Resolution of the City Council of the City of Hemet, California, Approving a Media Access Policy for
Disaster Areas
RECOMMENDED ACTION:
It is respectfully recommended that the City Council:
Adopt a Resolution of the City Council of the City of Hemet, California, Approving a Media Access
Policy for Disaster Areas.
BACKGROUND:
The adoption of the City of Hemet Media Access Policy for Disaster Areas represents a crucial step in
balancing the public's right to information with the paramount need to maintain public safety and
operational efficiency during disaster response efforts. This policy provides a structured framework to
ensure that media personnel can effectively and responsibly report from disaster-affected areas
without interfering with emergency operations, endangering themselves, or compromising law
enforcement activities.
ANALYSIS:
The policy is designed to be legally sound and operationally effective by aligning with existing state
and federal laws, particularly California Penal Code § 409.5(d), which grants law enforcement the
authority to control access to disaster scenes while allowing credentialed media professionals to
report from restricted areas. It also upholds First Amendment protections for the press while
recognizing that such rights are not absolute when weighed against the interests of public safety and
emergency response efficacy. Furthermore, the policy provides clear standards for the credentialing
and conduct of media personnel, ensuring consistency in its application across various disaster
scenarios.
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A key component of this policy is the establishment of a credentialing process managed by the Hemet
Police Department (HPD), which ensures that only qualified journalists with verifiable credentials can
access restricted areas. The requirement for background checks and employer verification enhances
security and prevents unauthorized individuals from disrupting emergency response efforts.
In addition, the creation of designated Media Staging Areas provides a controlled environment for
disseminating official information while minimizing the risk of interference with response operations.
This approach aligns with best practices in emergency management by maintaining a clear boundary
between media activities and critical response efforts, particularly in areas with ongoing rescue
operations, hazardous conditions, or criminal investigations.
The policy also incorporates provisions for revoking access if media personnel fail to comply with
safety protocols or interfere with emergency response. This ensures that first responders can carry
out their duties without unnecessary obstruction while maintaining the integrity of ongoing disaster
management efforts.
STRATEGIC PLAN INTEGRATION:
N/A
FISCAL IMPACT:
None.
ATTACHMENT(S):
Attachment 1 Resolution for Media Access Policy for Disaster Areas
Exhibit A Media Policy Disaster Areas
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3 CITY OF HEMET
HEMET, CALIFORNIA
4 RESOLUTION NO. 2025-xxx
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A RESOLUTION OF THE CITY COUNCIL OF THE CITY
6 OF HEMET, CALIFORNIA, APPROVING A MEDIA
ACCESS POLICY FOR DISASTER AREAS
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The City Council of the City of Hemet, California (hereafter referred to as the “City
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9 Council”) does resolve as follows:
10 WHEREAS, the City of Hemet (“City”) requires a policy to establish clear, legally
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sound, and operationally effective guidelines governing media access to disaster-
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affected areas within the jurisdiction of the City of Hemet.. It provides a structured
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framework for credentialing media personnel, coordinating access to restricted areas;
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16 WHEREAS, this policy seeks to balance the constitutional rights of the press
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under the First Amendment of the United States Constitution with the paramount
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governmental interests of public safety, emergency response efficiency, and the
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20 protection of life and property; and
21 WHEREAS, to ensure that media activities do not unduly interfere with
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emergency operations, first responders, ongoing investigations, or the lawful
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enforcement of evacuation orders; and
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WHEREAS, the City Council approves the City of Hemet Media Access Policy for
26 Disaster Areas identified in Exhibit A: Media Access Policy for Disaster Areas.
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CITY OF HEMET RESOLUTION NO. 2025-XXX 1
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1 NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF HEMET FINDS,
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DETERMINES, ORDERS AND RESOLVES AS FOLLOWS:
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SECTION 1. FINDINGS - The recitals set forth above are hereby adopted as
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findings in support of this Resolution. In addition, the City Council approves the policy
6 and it shall apply to all media personnel, including but not limited to: (i) Reporters,
7 photographers, and videographers employed by recognized news organizations; (ii)
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Freelance journalists with established credentials and a demonstrable record of
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professional reporting; and (iii) Documentary filmmakers, investigative journalists, and
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11 other media professionals engaged in public-interest reporting.
12 SECTION 2. EFFECTIVE DATE - This Resolution shall become effective on
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February 25, 2025.
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CITY OF HEMET RESOLUTION NO. 2025-XXX 2
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1 PASSED, APPROVED, AND ADOPTED this 25th day of February, 2025.
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5 ____________________________
Jackie Peterson, Mayor
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8 ATTEST:
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_____________________________
John Paul Maier, City Clerk
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CITY OF HEMET RESOLUTION NO. 2025-XXX 3
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1 State of California )
County of Riverside )
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City of Hemet )
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I, John Paul Maier, City Clerk of the City of Hemet, do hereby certify that the
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foregoing resolution was adopted by the Hemet City Council on the 25th day of
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February, 2025, and was passed by the following vote:
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8 AYES: Council Members:
9 NOES: Council Members:
ABSTAIN: Council Members:
10 ABSENT: Council Members:
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_____________________________
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John Paul Maier, City Clerk
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CITY OF HEMET RESOLUTION NO. 2025-XXX 4
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City of Hemet Media Access Policy for Disaster Areas
I. Purpose
The purpose of this policy is to establish clear, legally sound, and operationally effective
guidelines governing media access to disaster-affected areas within the jurisdiction of the City of
Hemet. This policy seeks to balance the constitutional rights of the press under the First
Amendment of the United States Constitution with the paramount governmental interests of
public safety, emergency response efficiency, and the protection of life and property. It provides
a structured framework for credentialing media personnel, coordinating access to restricted areas,
and ensuring that media activities do not unduly interfere with emergency operations, first
responders, ongoing investigations, or the lawful enforcement of evacuation orders.
II. Scope
A. This policy shall apply to all media personnel, including but not limited to: (i)
Reporters, photographers, and videographers employed by recognized news organizations; (ii)
Freelance journalists with established credentials and a demonstrable record of professional
reporting; and (iii) Documentary filmmakers, investigative journalists, and other media
professionals engaged in public-interest reporting.
B. This policy shall govern media access to: (i) Areas subject to emergency
evacuation orders due to natural or man-made disasters, including but not limited to wildfires,
floods, earthquakes, hazardous material incidents, and civil disturbances; (ii) Locations
designated as crime scenes where emergency response operations are ongoing; and (iii) Any
other restricted areas deemed hazardous by the City of Hemet.
C. This policy does not grant unrestricted access to all areas affected by
emergencies. Access remains contingent upon safety considerations, law enforcement priorities,
and compliance with the procedural requirements established herein.
III. Definitions
Disaster Area – Any location within the jurisdiction of the City of Hemet that has been
impacted by a natural or man-made emergency and where official response operations are being
conducted. This includes areas subject to mandatory evacuation orders, restricted perimeters, and
designated operational zones.
Evacuation Zone – A geographic area where an official order has been issued requiring the
removal of all non-essential personnel due to imminent or ongoing hazardous conditions, such as
fire, flood, structural collapse, or civil unrest.
Media Staging Area – A designated location established near the perimeter of a disaster or
emergency scene where credentialed media personnel may gather to receive official briefings,
updates, and coordinated access to restricted zones when deemed safe and operationally feasible.
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Credentialed Media Personnel – Individuals who have met the requirements outlined in
Section V (Credentialing Process) and have been granted official authorization to access
restricted disaster zones in accordance with this policy.
Restricted Area – Any location within the disaster-affected zone where access is prohibited to
unauthorized individuals due to safety concerns, operational priorities, or law enforcement
directives. Media access to restricted areas is subject to approval under the conditions set forth in
this policy.
IV. General Media Access Rules
A. Media personnel must obtain authorization from the City of Hemet before
entering a Restricted Area.
B. Access will be granted based on safety conditions, operational priorities, and
coordination with first responders.
C. Unauthorized entry into evacuation zones may result in removal, fines, or legal
consequences.
V. Credentialing Process
A. Application Submission: Individuals seeking media credentials must complete
and submit the official application form provided by the Hemet Police Department (HPD). The
application must be accompanied by a letter on the applicant's employer's official letterhead,
signed by a supervisory authority, verifying the applicant's role as a journalist who regularly
covers events necessitating access beyond police or fire lines within the City of Hemet.
B. Freelancers and Independent Journalists: Applicants who are self-employed,
freelancers, or affiliated with non-traditional news organizations must provide additional
documentation. This includes three letters from recognized news directors or editors attesting to
the applicant's assignments requiring access beyond established police or fire lines, or three
recent work samples demonstrating such coverage.
C. Background Verification: All applicants are subject to a background check
conducted by HPD to ensure the safety and integrity of emergency operations. This process may
involve fingerprinting and a review of the applicant's criminal history. Applicants with
convictions that could compromise public safety or the integrity of media access may be denied
credentials.
D. Issuance and Use of Credentials: Upon approval, HPD will issue a media
identification card to the applicant. This card permits the bearer to cross established police and
fire lines to cover news events consistent with this policy.
E. Renewal and Revocation: Media credentials are valid for a specified period and
must be renewed upon expiration. HPD reserves the right to revoke or deny the issuance of
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credentials if the holder fails to adhere to established guidelines, provides false information
during the application process, or engages in conduct that jeopardizes public safety or interferes
with emergency operations.
F. Appeals Process: Applicants who are denied credentials or have had their
credentials revoked may submit a written appeal to the Chief of Police. The appeal must provide
a detailed explanation and any supporting evidence as to why the decision should be
reconsidered. The Chief of Police or a designated representative will review the appeal and issue
a final determination.
G. Recognition of Other Agencies. [Insert]
VI. Access Conditions
A. General Conditions for Media Access
Media personnel seeking access to disaster-affected areas behind established evacuation
lines shall do so in strict compliance with the provisions set forth in this policy, as well as any
and all applicable local, state, and federal laws, regulations, and directives issued by emergency
response authorities or the City of Hemet. Media access to restricted areas shall be granted at the
sole discretion of the City of Hemet, based on an evaluation of safety conditions, operational
priorities, and the potential impact of media presence on ongoing response efforts. Access may
be restricted, conditioned, or revoked at any time without prior notice if circumstances warrant
such action to protect public safety, preserve the integrity of disaster response operations or
ongoing investigation, or comply with legal or regulatory requirements. Media personnel shall be
required to waive liability against the City of Hemet when entering disaster zones and agree to
hold the City of Hemet harmless for any injuries, damages, or losses incurred while present in
such areas.
B. Safety Compliance and Restrictions
Media personnel must comply with all safety protocols and instructions provided by
authorized public safety personnel, including law enforcement officers, fire department
personnel, emergency medical teams, and any other representatives of the City of Hemet or
partner agencies overseeing disaster response operations. Specific safety requirements may
include, but are not limited to, the use of appropriate personal protective equipment (PPE),
adherence to evacuation orders, and avoidance of areas deemed too hazardous for any civilian
access, including collapsed structures, active fire zones, hazardous materials spill sites, or areas
under the threat of further disaster-related events (e.g., aftershocks, flooding, explosions). Media
personnel who fail to adhere to safety protocols or who impede emergency response operations
shall be subject to the immediate revocation of their access privileges and may face criminal
liability under applicable law, including but not limited to California Penal Code § 409.5(d),
which criminalizes unauthorized entry into restricted disaster areas. The City of Hemet reserves
the right to impose specific restrictions on the use of equipment within disaster zones, including
but not limited to: (i) Prohibiting the use of drones or unmanned aerial systems (UAS) in certain
areas, when such equipment may interfere with air operations, emergency response, or public
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safety efforts; (ii) Limiting the use of video, photographic, or audio equipment to ensure that no
equipment or technology used by media personnel obstructs or interferes with emergency
activities; (iii) Requiring media personnel to obtain prior approval for the use of high-powered
lenses, tripods, or any other devices that may pose a tripping hazard or otherwise impede
emergency responders’ movements.
C. Limited or Revoked Access Due to Operational Constraints
The City of Hemet may limit media access to specific locations within the disaster area
based on an ongoing assessment of safety conditions and operational priorities.
1. Limited Access Areas: In some cases, media access may be restricted to
designated staging areas or publicly accessible locations where media representatives
may gather information or observe developments without interfering with emergency
operations.
2. Revocation of Access: The City of Hemet retains the absolute right to
suspend or revoke media access at any time, including but not limited to the following
circumstances: (i) Discovery of safety hazards that render the area inaccessible to media
personnel; (ii) Disruption of emergency response operations by media activities,
including the obstruction of personnel, equipment, or evacuation routes; (iii) Violations
of established safety protocols or any provisions of this policy; (iv) Failure to comply
with legal or regulatory requirements established by local, state, or federal authorities for
disaster management.
VII. Coordination with Emergency Services
A. To facilitate effective communication and ensure the orderly dissemination of
public information while maintaining operational security and public safety, the City of Hemet
may designate a Media Staging Area in proximity to any disaster-affected zone where an
evacuation order has been issued or emergency response operations are active. The location of
the Media Staging Area shall be determined with due consideration for: (i) The need to maintain
an adequate distance from hazardous conditions; (ii) The necessity of preserving unobstructed
access for emergency response personnel and vehicles; and (iii) The imperative of ensuring that
media personnel have reasonable visibility and access to official information while avoiding
undue interference with ongoing operations. Access to the Media Staging Area shall be limited
to credentialed members of the press, as defined under Section V of this policy, and any
uncredentialed individuals seeking access may be subject to removal.
B. In situations where safety concerns, logistical constraints, or the scale of the
disaster necessitate restricting the number of media personnel allowed in a given area, the City of
Hemet may require the formation of a media pool to coordinate and consolidate reporting efforts.
The structure and selection process for media pool participation shall be determined by: (i) The
collective agreement of credentialed media representatives present at the disaster scene; (ii) In
the absence of such an agreement, the City may designate a limited number of representatives
from major news agencies to serve as the designated pool journalists. All footage, photographs,
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and reports obtained by pool representatives shall be made available to other accredited media
outlets on a non-exclusive basis, subject to standard industry-sharing agreements.
VIII. Liability and Responsibility
A. All media personnel who seek access to areas subject to emergency evacuation
orders, disaster response operations, or other hazardous conditions within the jurisdiction of the
City of Hemet do so at their own sole risk and peril. The City of Hemet, its officers, agents,
employees, contractors, volunteers, and any affiliated municipal, county, or state agencies
expressly disclaim any and all liability for personal injury, death, property damage, financial
loss, or any other harm suffered by media personnel as a result of their presence in restricted
areas. By entering an evacuation zone or disaster-affected area, media personnel expressly waive
and release the City of Hemet from any and all claims, causes of action, or legal liability arising
from injury, harm, or damages sustained in such areas.
B. Media personnel shall comply with all lawful orders, directives, and instructions
issued by the City of Hemet, law enforcement officers, fire department officials, or any other
authorized emergency response personnel while within or in proximity to restricted disaster
zones. Failure to comply with official instructions may result in: (i) Immediate revocation of
disaster zone access privileges; (ii) Confiscation of unauthorized equipment, including but not
limited to drones or other aerial surveillance devices, if such equipment is used in violation of
local, state, or federal emergency regulations; (iii) Criminal trespassing charges under California
Penal Code § 602 if unauthorized entry into a restricted area is determined; and (iv) Additional
civil penalties or legal action as deemed necessary to protect public safety and emergency
operations.
C. Nothing in this policy shall be construed as creating any special duty, obligation,
or legal guarantee that media personnel shall be granted access to any area where emergency
response operations are taking place. he City of Hemet reserves the right, at its sole discretion, to
deny, restrict, or revoke access to any media personnel if it is determined that such access: (i)
Poses a significant risk to public safety or emergency responders; (ii) Interferes with ongoing
rescue, recovery, or security operations; (iii) Has the potential to interfere with an ongoing law
enforcement investigation; (iv) Violates applicable laws, orders, or protocols established for
disaster response; or (v) Is otherwise inappropriate under the prevailing circumstances.
IX. Policy Review and Revisions
A. Periodic Review and Evaluation
This policy shall be subject to regular review, conducted by the Chief of Police, or their
designee, in consultation with the Fire Chief and Public Works Director. The review shall assess
the policy’s effectiveness, compliance with applicable local, state, and federal laws, and its
practical implementation during disaster response operations. The review process may
incorporate feedback from stakeholders, including but not limited to accredited media
organizations, first responders, emergency management officials, and community
representatives.
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B. Authority for Amendments and Modifications
The City Manager, in consultation with the City Attorney, shall have the authority to
amend this policy to enhance operational efficiency, address emerging legal or safety concerns,
or incorporate best practices from disaster response evaluations.
C. Legal Severability
If any provision of this policy, or the application thereof to any person or circumstance, is
found to be invalid, unconstitutional, or otherwise unenforceable by a court of competent
jurisdiction, such determination shall not affect the validity of the remaining provisions, which
shall remain in full force and effect to the maximum extent permissible under applicable law.
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