conducted, and a vendor selected within the two-year time frame of the agreement
with Flock; and be it
Amendment 4:
Independent Compliance Audit
FURTHER RESOLVED: The City Council requests that the City Auditor conduct an
independent compliance audit of the system's data security, and compliance with
the data sharing protocol, and to ensure that data is not being shared with federal
immigration enforcement. The independent compliance audits shall take place at
month 4, 10, 16 and 22 of the 2-year contract with Flock; and be it
CM Brown Amendments:
Amendment 1:
WHEREAS, California Civil Code Sections 1798.90.50–1798.90.55 (“SB 34”) prohibit
state and local law enforcement agencies from sharing, transferring, granting
access to, or otherwise making available ALPR information to federal agencies or
out-of-state law enforcement agencies for any purpose, and require agencies to
implement written policies, technical controls, audit mechanisms, and contractual
safeguards ensuring full compliance with these prohibitions; and
Amendment 2:
WHEREAS, the California Attorney General’s 2023 ALPR Bulletin clarified that the
term “public agency” under SB 34 excludes federal and out-of-state agencies
entirely, and advises that ALPR or camera-derived information may not be shared
with, accessed by, or made available to such entities directly or indirectly,
including through vendor-managed platforms, regional networks, or
cross-jurisdictional integrations; and
Amendment 3:
WHEREAS, the City of Oakland, consistent with SB 54 and its own “Sanctuary”
policies, prohibits the use of City resources, including surveillance technologies,
systems, or data, to support federal immigration enforcement; and
Amendment 4:
WHEREAS, compliance with SB 34, SB 54, OPD policies DGO 1-12: Automated
License Plate Reader and the proposed DGO I-32.1 - Community Safety Camera
System,” and Attorney General guidance provides that a contract for ALPR or
camera technology include enforceable provisions mandating: (1) technical
blocking of access to City data by any federal or out-of-state agency; (2) prohibition
on vendor compliance with subpoenas or legal requests from such agencies unless
reviewed by the City Attorney; (3) audit logs documenting all access attempts,
including denied requests; (4) quarterly compliance reporting to the City; and (5)
immediate notification to the City of any attempted or actual unauthorized access;
and
Amendment 5:
WHEREAS, robust oversight of ALPR and camera systems, including detailed
reporting, audits, and compliance mechanisms, is essential to ensuring
transparency, protecting civil liberties, and maintaining public trust, and therefore
such safeguards must be embedded in both departmental policy and contractual
agreements; and
Amendment 6:
WHEREAS, the City Council finds it necessary to explicitly articulate these statutory
obligations within this Resolution to ensure the City of Oakland, its Police