Berkeley Flock camera vote postponed to Oct. 28

A vote to launch a new network of fixed surveillance cameras in Berkeley "to deter crime and provide investigative support" is poised to get pulled from Tuesday night's council agenda, inside sources say.

City officials have been working since 2021 to get the new camera program off the ground, with a council majority repeatedly voting in favor of it.

After the last vote, in July, Berkeley police said they hoped to get the new Flock camera program up and running by the end of the year.

Scroll down for an update to the story.

The plan features 16 fixed cameras — at a total estimated cost of $600,000 over seven years — with four more cameras possible down the line.

The Flock camera contract is one of just two topics on the City Council action calendar Tuesday night, its first regular meeting after the summer recess.

But, on Tuesday afternoon, word began to spread at City Hall that the vote might be postponed to allow for more public input and policy work.

Prior to Tuesday's meeting, city staff had delved into reports in other jurisdictions that Flock data had been shared with federal partners — and determined that Berkeley's policies and guardrails would protect Berkeley data.

"Flock has built in product safeguards that align with Berkeley’s values and state law," city staff informed officials in a memo reviewed by The Scanner. "The City holds the keys. Federal agencies cannot bypass Berkeley’s control."

The new fixed surveillance camera system would be Berkeley's second contract with Flock Safety.

Berkeley police already use Flock's license plate reader network, which routinely results in arrests and investigative leads, including in connection with Monday's shooting outside Malcolm X Elementary School.

And much of the public sentiment around the technology and its role in crime fighting has been positive.

"These cameras, as well as automated license plate readers (ALPRs), are a crucial tool to keep Cal students and all Berkeley residents safe from street robberies, carjackings and other violent crime," SafeBears, a Cal parents group focused on public safety, told Berkeley officials in a letter this week. "Final approval of the Flock Safety contract should not be at risk because a few police departments in other states have voluntarily shared data with federal immigration authorities."

But privacy advocates and some members of the Berkeley City Council have expressed concern about what federal agencies might do with Berkeley's data.

"Cities around the country are ending their contracts with Flock Safety because it has provided data to the federal government and immigration authorities. Nonetheless, on Tuesday, the Berkeley City Council will vote on a contract with Flock to install more surveillance cameras with Flock," Councilwoman Cecilia Lunaparra told constituents in an email blast Tuesday, urging them to write to council before Tuesday's vote to express their views.

On Tuesday afternoon, several Berkeley City Council members said they remained committed to taking a vote on the new Flock contract — eventually.

"At our July meeting, we had a robust discussion and I am grateful to the city staff for their hard work to respond to our questions and concerns around data privacy and control, compliance with our sanctuary policies and other safe guards prohibiting data sharing with federal agencies," Vice Mayor Terry Taplin said. "I appreciate their preparing and tailoring the contract with these exact concerns in mind."

Some officials expressed disappointment that the vote might not happen Tuesday night, and said they hoped the extra time would allow any remaining council questions to be answered.

"I look forward to a final Council vote on this contract as soon as possible," said Councilwoman Rashi Kesarwani. "I share in the concern for the safety of our undocumented community. I also think it's important to keep in mind that the lawless Trump administration does not rely on camera footage of any kind when conducting its indiscriminate ICE raids by masked agents based on blatant racial profiling."

Councilman Mark Humbert said he agreed with Kesarwani's position.

"Berkeleyans deserve to be safe both from crime and from the lawlessness of the federal government," Humbert added. "As one of the original sponsors of the camera items, I remain determined to see Berkeley apply modern technology to prevent and solve crime and do so in ways that safeguard our civil liberties."

Shortly before publication, the city manager's office said any decisions about whether to pull the item from Tuesday's agenda would not be public until the meeting.

Mayor Adena Ishii's office did not respond to requests for comment.

Under council rules, the public would still be given time during the meeting to comment on Flock camera contract even if the item gets postponed Tuesday night.

Update: The Berkeley City Council has postponed the Flock vote until Oct. 28.

Read more about Flock cameras on The Berkeley Scanner.