Item 07: License Plate Recognition Equipment and Software

[COSM_Admin]

Consider approval of Resolution 2025-18R, approving an amendment to the contract with FLOCK Group, Inc. for additional equipment and software for the police department’s license plate recognition technology in the amount of $124,068.49 for the first year, to be paid with grant funds, with three one-year extensions in the amount of $102,000.00 per year; authorizing the City Manager, or her designee, to execute the contract amendment on behalf of the city; and declaring an effective date.

 

[lgonzalez]

Questions on Staff Presentation:

– On February 24, 2024, Council approved a multiple use agreement with TXDOT for the installation of LPR cameras along state right-of-ways.

SMPD's ALPR MOU contains multiple terms and conditions for outside agencies' use and/or access of SMPD ALPR data. Does this 2/24/24 MUA with TXDOT supersede or otherwise alter the terms stipulated in SMPDs ALPR MOU?

– On June 4, 2024, Council authorized a grant with the Motor Vehicle Crime Prevention Authority (MVCPA) for (10) cameras.

– On August 20, 2024, Council authorized another grant with MVCPA for (9) cameras.

Similarly, do these grants, or the grant currently under council's consideration, require the granting of access to, or sharing of SMPD's ALPR data with any outside agency that would supersede or otherwise not be subject to the terms of SMPD's ALPR MOU?

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Question on Department Policy:

2. Hotlist Alerts may include specific instructions to field personnel. Those instructions will also be relayed to on-duty personnel at the time of dispatch. i.e. “stop only with probable cause and identify occupants”.

On-duty personnel have the right (arguably the duty) to stop any vehicle and "identify (the) occupants", when the officer has "probable cause," regardless of the vehicles inclusion on the Hotlist. That said, why would a vehicle be on the Hotlist in the first place, if the criteria to stop and identify the occupants is the same as any other vehicle on the road? This seems like the department in these instances would be using the "Hotlist" as a targeting list.

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Questions on SMPD's ALPR MOU:


3D. When an Agency employee accesses or uses any Department data, the following information shall be required and/or entered upon each search:

• A related case number, incident number, or call for service (CFS) number demonstrating the requested information is for use in a duly sanctioned Agency investigation.
• All searches shall be based on reasonable suspicion or probable cause as to a specific incident being investigated, unless related to a missing person’s investigation, in which case the Agency employee seeking the Department’s ALPR data must provide a detailed reason for the search.

So we are relying on the Agency and their personnel to ensure they provide the proper information? Is there any requirement to provide case details, or any information other than THEIR internal case/incident/CFS number? Is there any follow up or auditing on SMPD's part of this information with the agency?



3E. All Department data and images accessed shall be used only for official law enforcement purposes of the Agency and shall not be accessible to the public. Department data shall not be shared with other agencies without the express written consent of the Department.

When information is shared with an agency that is a member of a multi-agency taskforce, intelligence center, etc., is the requesting agency to allowed to share SMPD's ALPR data with the other members of the taskforce/IC/etc that are personnel of a separate agency without the express written consent of SMPD?

Does this consent need to be obtain on each individual piece of data obtained? Are there any "blanket" consents that SMPD provides (or has provided) to any MOU participating agency? If so, can the details of these "standing consents" be shared with council?

If an agency's suspect car’s LP is captured by SMPD ALPR cameras, and subsequently shared with the agency, can that agency share the photo either on the agency's internal public accounts (Facebook, instagram, etc) or with external media partners in an effort to solicit the public's assistance in some capacity? Can the information (but not necessarily the image) be shared similarly? What would be the process for the agency to obtain this consent from SMPD?


4 . The Department, in its sole discretion, and for any or no reason at all, may revoke, rescind, or otherwise terminate the Agency’s access to or use of the Department’s ALPR data without notice.

Has an agency ever been denied access to SMPD ALPR data? Has an agency ever had their access revoked, rescinded, or otherwise terminated? Does SMPD maintain a list of the agencies?

Once an agency's access or use is denied, revoked, rescinded, or otherwise terminated, can that agency ever regain access? If so, is there a policy that outlines when/where/how access is regained?

 

[arodriguez7]

Data-Sharing

• Which agencies are currently sharing their ALPR feed with SMPD?
• Which agencies is SMPD sharing its ALPR feed with?
• Who is SMPD sharing its hotlist with?
• Who is sharing their hotlist with SMPD?
• Can you provide a log of all instances when data has been shared, including timestamps and recipient agency?
• Please provide a complete history of all searches conducted by outside agencies since Flock cameras were installed, not limited to the past 30 days.
  • Items of particular interest:
    • The reason entered in the “reason for search” field
    • Name of the agencies
    • Available details about the searching officer (e.g., job title)
    • Number of hits returned
    • Any available details about the matched images (excluding license plate numbers)
    • Please share any instance which SMPD camera data matched an item on a national hotlist, along with where that data was sent
      • Where can we view the contents or criteria of the national hotlist?
    • Please list all ongoing automatic alert lists currently in use (e.g., NCIS,, etc.)
• Can you provide a log of all users who have searched the system, including timestamps and use information?
• Please share a log of all user email addresses with access to the system
• Can you provide a copy of each audit performed (at least annually) per the SMPD ALPR policy?

 

[arodriguez7]

Flock Contract and MOU

• Please attach any past and current contracts between SMPD and Flock
• Please attach an actual or an example of the MOU necessary for data sharing as per the SMPD ALPR policy

 

[arodriguez7]

Given other departments in Texas, such as Round Rock, share their camera locations. Please include a map of all current and proposed Flock camera locations.

 

[JHughson]

Who determines who can be on the Flock Safety system?
What are the requirements?
As in, can a private security company be part of this?
I'm thinking that they might not be able to place a request on the hotlist, but might be able to provide info on a LP# on the list. I'm not recommending this, I'm just asking if they can join using that logic.

Given the time and attention given to our policy on this, I expected to see it attached. I wanted to review some of the info and our changes.
I also expected to see the Flock policies on who can do what.
Please provide both.

 

[COSM_Admin]

Response provided by Chief Standridge:
Please see the attached memo and supporting attachments.
In regard to inquiries contained with Council Member Rodriguez' Data Sharing:
This information is available for review on site at City Hall. Please contact staff to review requested materials.

 

[COSM_Admin]

Response provided by Chief Standridge, Chief of Police:
All requested information is being made available to the City Council for review upon request. Privacy is paramount. Information that is releasable to City Council Members for viewing, may not necessarily be available to the public. The message board is a publicly accessible forum. The information is being reviewed to determine whether release would interfere with any pending criminal investigations under Section 552.108 of the Texas Government Code, whether release would be in accordance with any contracts that contain confidentiality provisions and whether release would be consistent with the requirements of the Criminal Justice Information Services standards for access to certain law enforcement information. In addition, certain confidential information, such as personally identifiable information and license plate numbers, may need to be redacted for public release.

• Which agencies are currently sharing their ALPR feed with SMPD? A spreadsheet is attached.

• Which agencies is SMPD sharing its ALPR feed with? The spreadsheet has both, those we receive from and those we share with.
• Who is SMPD sharing its hotlist with? Agencies that we share data with can also see our hotlists.
• Who is sharing their hotlist with SMPD? Agencies that we share data with can also see our hotlists.
• Can you provide a log of all instances when data has been shared, including timestamps and recipient agency? This information is being compiled for on-site review by City Council members.
• Please provide a complete history of all searches conducted by outside agencies since Flock cameras were installed, not limited to the past 30 days. This information is being compiled for on-site review by City Council members.
  • Items of particular interest:
    • The reason entered in the “reason for search” field
    • Name of the agencies
    • Available details about the searching officer (e.g., job title)
    • Number of hits returned
    • Any available details about the matched images (excluding license plate numbers)
    • Please share any instance which SMPD camera data matched an item on a national hotlist, along with where that data was sent
      • Where can we view the contents or criteria of the national hotlist?
    • Please list all ongoing automatic alert lists currently in use (e.g., NCIS,, etc.)
• Can you provide a log of all users who have searched the system, including timestamps and use information? This information is being compiled for on-site review by City Council members.
• Please share a log of all user email addresses with access to the system. This information is being compiled for on-site review by City Council members.
• Can you provide a copy of each audit performed (at least annually) per the SMPD ALPR policy? Audits and MOU’s with other agencies are requirements of the amended policy. Council tabled the discussion until June 3, so neither have been executed as of yet pending Council direction.

 

[COSM_Admin]

Response provided Chief Standridge, Police Department:
Who determines who can be on the Flock Safety system? Internally, departmental employees who have CJIS clearance and an investigative need are granted access by policy. Externally, Flock Inc. determines through contract basis who can access their system. Those who do participate can share their data with SMPD.
What are the requirements? Flock Inc. works with different types of clients in both the private and public sector, and stipulations could vary depending on agency or business.
As in, can a private security company be part of this? The San Marcos Police Department cannot provide any of its data to non law enforcement agencies, this includes private businesses that may also contract with Flock. They can, however, share their data with us.

• The SMPD recognizes that residents and/or commercial businesses may want to purchase privately owned ALPR systems and provide access to SMPD. All private system access must be approved by the Chief of Police. All data received by the SMPD shall be subject to all provisions of this policy. The SMPD shall not be responsible for any costs associated with a privately funded ALPR system.
• Privately owned ALPR systems must meet all local government right of way ordinances, rules and regulations.
• SMPD may receive hotlist (a hotlist is a list of license plates associated with vehicles of interest that have been compiled from one or more databases) alerts from privately owned ALPR or video cameras; however, SMPD will not actively monitor any privately-owned ALPR.

Given the time and attention given to our policy on this, I expected to see it attached. I wanted to review some of the info and our changes.
I also expected to see the Flock policies on who can do what.
Please provide both.
Please see attached.
1) track changes policy
2) clean version policy
3) v600 attachment is the live policy after the changes were last discussed by Council

 

[COSM_Admin]

Please see the attached Flock contract.