Harrisonburg ends contract with Flock

(The Center Square) – Harrisonburg City Council voted Tuesday to remove the city’s fixed automatic license plate recognition cameras, end its contract with Flock Group Inc., and require council approval before similar systems can be installed in the future.

The resolution passed 4-0 and directs city staff to terminate the contract, stop using the city’s fixed automatic license plate recognition system within seven days and work with Flock to remove the cameras.

Harrisonburg entered into its contract with Flock on June 30, 2023.

Beginning in January 2024, the company installed 31 Falcon cameras and two Falcon Flex cameras along public streets for use by the Harrisonburg Police Department.

The new policy applies only to fixed automatic license plate recognition cameras. It does not apply to vehicle-mounted systems used by police or photo speed monitoring devices, which remain governed by Virginia law and department policy.

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The resolution says City Council determined the benefits of the fixed camera system were outweighed by concerns about privacy, equity, data security and public trust. The policy states there was “no evidence of the abuse or misuse” of Harrisonburg’s license plate recognition system by the Police Department or its officers.

Under the policy, future fixed camera license plate recognition systems cannot be procured, operated or maintained by the city without approval from City Council at a public meeting and funding through the annual budget process. The policy also requires the police chief to provide City Council with an annual inventory of department surveillance technologies during the budget process.

Virginia law also regulates how law enforcement agencies use automatic license plate recognition systems. House Bill 2724 limits when law enforcement may use the technology and includes reporting requirements, penalties for misuse and permit requirements for systems installed on state highway rights-of-way.

The city’s staff memorandum lists the proposal’s fiscal impact as not applicable, although the resolution acknowledges the city could incur costs associated with terminating the contract.

According to the adopted resolution, city staff had already notified Flock of the contract’s cancellation and was working with the company to remove the cameras. During Tuesday’s meeting, City Manager Ande Banks said the system is expected to go dark Friday and the city would remove the cameras if the process takes too long, although he did not specify a timeline.

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