Public Comments - Shelton
Received 8/22/2025
From: JeffShelton3
Sent: Friday, August 22, 2025 1:02 PM
To: John McCann <[email protected]>; Michael Inzunza <[email protected]>; Carolina Chavez <[email protected]>; Cesar Fernandez <[email protected]>; Jose Preciado <[email protected]>; Council District 3 <[email protected]>; Council District 4 <[email protected]>; Council District 2 <[email protected]>; Council District 1 <[email protected]>; CityClerk <[email protected]> Subject: Policy Brief Submission: ALPR Program Oversight & Suspension Request
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Dear Mayor McCann, Council Members, and City Clerk,
Please find attached a policy brief outlining serious compliance, privacy, and constitutional concerns regarding the City’s Automated License Plate Reader (ALPR) program operated under contract with Flock Safety.
The brief documents:
Unverified retention/audit compliance,
Potential policy conflicts with statewide/nationwide network access,
California constitutional privacy risks,
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Public Comments - Shelton
Received 8/22/2025
Fourth Amendment exposure, and
Denver’s precedent for suspending similar programs.
Given these findings, I respectfully request:
1. Temporary suspension of the ALPR program pending independent review;
2. Independent auditing of purge logs, access records, and network sharing;
3. Public reporting requirements for future program transparency.
Please confirm receipt and ensure this brief is distributed to all Council members and added to the legislative record for upcoming meetings.
Thank you for your time and attention to this matter.
Sincerely,
Jeff Shelton
Chula Vista Resident
Sent with Proton Mail secure email.
Policy Brief – ALPR Program: Audit, Privacy, and
Compliance Gaps in Chula Vista
Executive Summary
The City of Chula Vista’s Automated License Plate Reader (ALPR) program—operated under a $1.37M, 36-month contract with Flock Safety—presents unresolved compliance, privacy, and constitutional risks. Recent public records and policy review reveal gaps between the City’s obligations under California Civil Code §§1798.90.5–1798.90.55 (SB-34), the California Constitution (Art. I, §1 – Right to Privacy), and the Fourth Amendment. Other jurisdictions, including Denver, Colorado, have suspended or terminated similar programs over these exact concerns. Chula Vista should follow this precedent by imposing a temporary suspension pending independent review.
Key Findings
Retention & Purge Compliance – No public records verify 30-day data deletion compliance or exceptions.
Audit & Access Logging – Audits only 'should' be done; no published logs or results. Data Sharing & Network Controls – Flock State/Nationwide Networks may bypass written request safeguards.
Constitutional Risks – Mass, suspicion-less tracking raises California privacy and Fourth Amendment concerns.
Minimal Training & Oversight – Two-hour training requirement with no public refresher evidence.
Denver Precedent
In 2023, Denver City Council defunded its Flock ALPR program after the City Attorney cited privacy, civil liberties, and lack of accountability risks. Chula Vista faces identical policy gaps: weak audit trails, opaque network sharing, and no published privacy impact assessments.
Requested Council Actions
Immediate Suspension – Pause ALPR data collection until purge/audit records, network access controls, and privacy assessments are completed.
Independent Audit – Review retention/purge logs, audit execution, and network access governance. Public Reporting & Policy Revisions – Quarterly public audit reports, mandatory audit requirements, and strict data-sharing approvals.
Cost-Benefit Transparency – Annual reports on investigative outcomes vs. program costs and civil liberties impacts.
Conclusion
Chula Vista can protect public safety without eroding civil liberties. A temporary suspension, independent audit, and policy revisions will align the City’s ALPR program with state law, constitutional standards, and community expectations—just as Denver and other cities have done.