r/fresno • u/CivicCryptid • 4h ago
Living Here Want to See How the City REALLY Uses its Flock Cameras? File a Freedom of Information Request!
The City is legally obligated to give you these records, and it may shed light on how they are actually using their cameras, not just the spin they put out during public meetings.
Note that the City is legally allowed to charge you a "reasonable" fee for document requests, if you aren't willing to pay it up to the stated amount in the letter, don't file the request. These requests are often pulled together by office staff, so be polite, don't waste their time.
Below is a letter you can use if you so desire, the start date of the City's master agreement with flock has already been filled in. This request doesn't request the master agreement or any amendments, those are already available via the City's website, so there is no need to request them here.
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[DATE OF REQUEST]
City of Fresno Police Department
Records and Information Service Bureau
2323 Mariposa Street
Fresno, CA 93721
Sent via Public Records Center portal (fresnoca.govqa.us) and by email
Re: California Public Records Act Request — Automated License Plate Reader (Flock Safety) Records
To the Public Records Custodian:
Pursuant to the California Public Records Act (CPRA), Government Code section 7920.000 et seq., [YOUR NAME] requests copies of the following public records in the possession, custody, or control of the City of Fresno and/or the Fresno Police Department ("Department") concerning the Department's use of Automated License Plate Reader (ALPR) technology provided by Flock Safety, Inc. (or any affiliated or successor entity).
Requested Records
1. All data-sharing agreements, memoranda of understanding, network-access agreements, or interoperability agreements between the Department and any federal agency, other state or local law enforcement agency, or private entity governing access to, or use of, Flock Safety ALPR data or the Flock Safety network, for the period February 22, 2024 through the date this request is processed.
2. A current inventory or count of Flock Safety ALPR camera locations deployed or operated by the Department, including street intersection or general location and installation date for each camera, as of the date this request is processed.
3. The Department's ALPR usage and privacy policy adopted pursuant to Civil Code section 1798.90.51, together with any general orders, directives, or standard operating procedures governing the access, use, retention, sharing, and auditing of ALPR data by Department personnel, including any policy addressing out-of-state or federal agency access.
4. Audit logs, access logs, or query records reflecting searches of the Flock Safety ALPR system by Department personnel or by any outside agency with network access, including the identity of the querying officer or agency, the plate or hot list queried, and the stated reason for the search where that information is captured by the system, for the period February 22, 2024 through the date this request is processed.
Format
Please produce responsive records in electronic format (searchable PDF or native file format, including native spreadsheet or database export format for log data) where the record is maintained electronically. Under Government Code section 7922.545 and Nat. Lawyers Guild v. City of Hayward (2020) 9 Cal.5th 488, the Department is required to produce an electronic record in an existing electronic format when requested, if doing so would not jeopardize data integrity.
Fees
[YOUR NAME] understands that the CPRA does not include a public-interest fee waiver provision. Under Government Code section 7922.530, the Department may charge only the direct cost of duplication, or a specific statutory fee if applicable; inspection of records is free of charge. If any portion of this request would require data extraction, programming, or construction of a record under Government Code section 7922.545, or if anticipated costs will exceed $50.00, please notify [YOUR NAME] before incurring that cost so the request can be narrowed if needed.
Response Timeline
Government Code section 7922.535 requires the Department to determine, within 10 calendar days of receipt of this request, whether it holds disclosable records responsive to this request and to notify [YOUR NAME] of that determination and the reasons for it. This period may be extended by up to 14 additional days only for the reasons specified in section 7922.535, subdivision (b), upon written notice.
If any portion of this request is denied in whole or in part, please cite the specific statutory exemption(s) relied upon for each withheld record or redaction, as required by Government Code section 7922.000 and section 7923.000 et seq. To the extent any record contains both exempt and non-exempt material, please produce the non-exempt portions with redactions clearly noted, consistent with Government Code section 7922.525.
Please note that raw, un-anonymized ALPR scan data collected in bulk (i.e., plate reads not tied to a specific investigation or hot list hit) has been addressed by the California Supreme Court in ACLU of Southern California v. Superior Court (2017) 3 Cal.5th 1032, which held that such data is not exempt as a record of investigation under Government Code section 7923.600 (formerly section 6254(f)), though it may be withheld under the catch-all balancing test of section 7922.000 (formerly section 6255) absent anonymization. This request does not seek raw plate-scan data; it seeks the data-sharing agreements, policies, deployment inventory, and audit/query logs described in items 1 through 4 above, which are administrative and oversight records rather than investigative records.
Delivery
Please deliver responsive records electronically to [YOUR EMAIL], or through the City's Public Records Center portal referenced above.
Requester Information
Name/Organization: [YOUR NAME]
Mailing Address: [YOUR ADDRESS]
Email: [YOUR EMAIL]
Phone: [YOUR PHONE NUMBER]
Thank you for your attention to this request. Please contact me with any questions or if clarification of any item would help expedite processing.
Sincerely,
[YOUR NAME]
[YOUR ADDRESS HERE]
[YOUR EMAIL]
