Att 1 - Draft Response Letter — San Mateo City Council, October 5, 2026

San Mateo Police Department 200 Franklin Parkway
San Mateo, CA 94403-1921
Telephone: 650-522-7620
FAX: 650-522-7601
www.cityofsanmateo.org
October 5, 2026
Honorable Rachel Holt
Judge of the Superior Court
c/o Jenarda Dubois
Hall of Justice
400 County Center; 8th Floor
Redwood City, CA 94063-1655
RESPONSE TO GRAND JURY REPORT: “IS OUR FLOCK OF ALPR CAMERAS PROPERLY TENDED?”
Honorable Judge Holt –
Thank you for the opportunity to review and comment on the above referenced Grand Jury Report filed on August 3, 2026. The City of San Mateo’s response to both the findings and the recommendations are listed below:

Response to Grand Jury Findings:

F4. The ALPR operator did not produce records demonstrating that audits required by its ALPR policy had been conducted.

Response to F4: Respondent agrees with this finding.

F5. The audit reports produced by the ALPR operator were insufficient to substantiate compliance with applicable California law and the operator’s published ALPR policy.

Response to F5: Respondent agrees with this finding.

F6. The ALPR operator’s Flock Safety contract does not include provisions specifically requiring compliance with applicable California ALPR laws.

Response to F6: Respondent agrees with this finding.

F7. The operator’s ALPR policy described a process requiring written requests and executed agreements for ALPR data-sharing relationships; however, the records produced did not substantiate that this process was followed or that the required agreements were obtained.

Response to F7: Respondent agrees with this finding.

F8. The operator’s ALPR policy did not establish criteria governing the approval of instate ALPR data-sharing requests or the termination of existing network-sharing relationships.

Response to F8: Respondent agrees with this finding.

Response to Grand Jury Recommendations:

R4. The ALPR operator should prepare audit reports in accordance with the frequency stated in the operator’s published ALPR policy.

The recommendation has been implemented. Since submitting its ALPR records to the Civil Grand Jury on December 30, 2025, the San Mateo Police Department has updated its ALPR policy and procedures and implemented monthly audits of the ALPR system. The audits are conducted in accordance with Lexipol Policy 463 and SOP 205. Copies of the updated policy and SOP are attached for reference (Exhibits A and B).

R5. The audit reports produced by the ALPR operator should substantiate compliance with applicable California law and the operator’s published ALPR policy.

The recommendation has been implemented. The Department’s monthly audit process is designed to evaluate compliance with Senate Bill 34, Senate Bill 54, California Civil Code sections 1798.90.5 through 1798.90.55, Lexipol Policy 463, and SOP 205. Audit results are documented and reported by the Department’s ALPR System Administrator to the Chief of Police. The Police Department will continue to review its policies, training, audit practices, and oversight procedures to ensure the lawful, transparent, and accountable use of ALPR technology.

R6. Upon contract renewal, the ALPR operator should incorporate contractual language requiring vendor compliance with applicable California law and prohibiting vendors from disclosing ALPR data to unauthorized third parties. Operators should consider provisions similar to those contained in the Town of Colma contract with Flock.

The recommendation will be implemented. At the time of renewal with Flock Safety or entrance into a new agreement with an alternate service provider, the Police Department will seek contractual language requiring compliance with applicable California law and prohibiting the disclosure of ALPR data to unauthorized third parties. The Department will review the contractual provisions used by the Town of Colma to determine appropriate language for inclusion in a renewed or new agreement.

R7. The ALPR operator should update its ALPR policy to accurately reflect the process used to approve ALPR data-sharing relationships.

The recommendation has been implemented. As a precautionary measure, the Police Department disabled all external access to SMPD ALPR data. Outside agencies may not access SMPD ALPR data unless the agency has entered into an approved ALPR Data Sharing Agreement and the sharing relationship has been reviewed and authorized in accordance with Department policy.

The Department has updated its policy to establish a process for reviewing, approving, and documenting ALPR data-sharing relationships. The revised provisions require each proposed relationship to be evaluated for compliance with applicable law, Department policy, and a legitimate law enforcement purpose before access is granted.

R8. The ALPR operator should include in their ALPR policies written criteria governing the approval, denial, periodic review, and termination of in-state ALPR network-sharing relationships.

The recommendation has been implemented. The Police Department has revised its ALPR policy to include written criteria governing the approval, denial, periodic review, and termination of in-state ALPR network-sharing relationships. The revised policy establishes documented standards for evaluating each sharing relationship and conducting periodic reviews to confirm that continued access remains lawful, necessary, and consistent with Department policy.

The City continues to support the ongoing work of the San Mateo Police Department to be leaders in the area of transparency, legitimacy and community engagement. Since submitting its Automated License Plate Reader records, policies, and procedures to the Civil Grand Jury on December 30, 2025, the San Mateo Police Department has continued to evaluate and strengthen its ALPR program. Consistent with the Department’s commitment to accountability, and compliance with California law, SMPD has enhanced its audit process, revised its Standard Operating Procedure, and updated departmental policy. These actions reflect the Department’s continuing efforts to ensure the lawful and responsible use, oversight, and management of ALPR technology.

This response to the Grand Jury was approved at a public meeting on October 5, 2026.

Respectfully,
Adam Lorraine
Mayor – City of San Mateo
Exhibit A – Lexipol Policy 463
Exhibit B – Standard Operating Procedure 205
Policy
463
San Mateo Police Department

POLICIES
Automated License Plate Readers (ALPRs)
463.1 PURPOSE AND SCOPE
The purpose of this policy is to provide guidance for the capture, storage and use of digital data obtained through the use of Automated License Plate Reader (ALPR) technology. 463.2 ADMINISTRATION
The ALPR technology, also known as License Plate Recognition (LPR), allows for the automated detection of license plates. It is used by the San Mateo Police Department to convert data associated with vehicle license plates for official law enforcement purposes, including identifying stolen or wanted vehicles, stolen license plates and missing persons. It may also be used to gather information related to active warrants,,, suspect interdiction, and stolen property recovery.

All installation and maintenance of ALPR equipment, as well as ALPR data retention and access, shall be managed by the ALPR Committee Captain or their designee. The ALPR Committee Captain or their designee will assign members under his/her command to administer the day-today operation of the ALPR equipment and data. 463.2.1 ALPR ADMINISTRATOR
The ALPR Committee Captain, as the ALPR Administrator, or their designee, shall be responsible for developing guidelines and procedures to comply with the requirements of Civil Code § 1798.90.5 et seq. These guidelines and procedures are delineated in this policy and/or in our Department's Automated License Plate Readers Operating Procedure. 463.3 DEFINITIONS
“Automated license plate recognition operator” or “ALPR operator,” means a person that operates an ALPR system. For our Department purposes, this will usually refer to our personnel or authorized designee operating a vehicle or other item of equipment with ALPR cameras collecting license plate data.
“Automated license plate recognition end-user” or “ALPR end-user” means a person that accesses or uses an ALPR system. For our Department purposes, this will usually refer to our personnel or authorized designee accessing data on a retroactive basis that is collected and stored in a centralized database(s).
463.4 OPERATIONS
Use of an ALPR is restricted to the purposes outlined below. Department members shall not use, or allow others to use the equipment or database records for any unauthorized purpose (Civil Code § 1798.90.51; Civil Code § 1798.90.53).
(a) An ALPR shall only be used for official law enforcement business by any Department member(s) or authorized designee whose job duties necessitate the use of ALPR and that have completed Department approved training.

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EXHIBIT A
San Mateo Police Department

POLICIES
Automated License Plate Readers (ALPRs)
(b) An ALPR may be used in conjunction with any routine patrol operation or criminal investigation. Reasonable suspicion or probable cause is not required before using an ALPR.
(c) Partial license plates and unique vehicle descriptions reported during major or serial crimes should be entered into the ALPR system in an attempt to identify suspect vehicles.
(d) No member of this department or authorized designee shall operate ALPR equipment or access ALPR data without first completing department-approved training. This training is further described in SOP 205.
(e) A search by any Department members(s) of ALPR data shall be completed by providing a reason for the search, usually an agency case number, incident number, or a warrant number.
(f) The employee or authorized designee using our ALPR system must recognize that the data collected from the ALPR device, and the content of referenced hotlists, consists of data that may or may not be accurate, despite ongoing efforts to maximize the currency and accuracy of such data.To the greatest extent possible, vehicle and subject information will be verified using separate law enforcement information sources to confirm the vehicle or subject's identity and justification for contact.Users of ALPR data must to the fullest extent possible visually confirm the actual plate characters generated by the ALPR readers correspond with the digital image of the license plate in question.
(g) A search of the ALPR data may not be used to investigate, interrogate, detain, detect, or arrest person for immigration purposes. (CA Gov Code 7284) 463.5 DATA COLLECTION AND RETENTION
The ALPR Committee Captain or their designee is responsible for ensuring systems and processes are in place for the proper collection and retention of ALPR data.

All ALPR data downloaded to the server should be stored for 30 days from the collection date.

ALPR information being used as criminal evidence will be retained until the criminal matter is resolved and/or in accordance with other criminal evidentiary retention schedules. All data and images gathered by ALPR are for the official use of the San Mateo Police Department and because such data may contain confidential CLETS information, it is not open to public review. ALPR information gathered and retained by this Department may be used and shared with prosecutors or others only as law permits.

Data relevant to a criminal prosecution should be exported from the ALPR system and securely transferred to digital evidence storage according to established department procedures. 463.6 ACCOUNTABILITY
All data will be closely safeguarded and protected by both procedural and technological means.

The San Mateo Police Department will observe the following safeguards regarding access to and use of stored data (Civil Code § 1798.90.51; Civil Code § 1798.90.53):

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San Mateo Police Department

POLICIES
Automated License Plate Readers (ALPRs)
(a) All ALPR data downloaded to the mobile workstation and in storage shall be accessible only through a login/password-protected system capable of documenting all access of information by name, date and time (Civil Code § 1798.90.52). (b) Members approved to access ALPR data under these guidelines are permitted to access the data for legitimate law enforcement purposes only, such as when the data relates to a specific criminal investigation or department-related civil or administrative action.
(c) ALPR system audits should be conducted on a regular basis, as described in SOP 205.

For security or data breaches, see the Records Release and Maintenance Policy. 463.7 POLICY
The policy of the San Mateo Police Department is to utilize ALPR technology to capture and store digital license plate data and images while recognizing the established privacy rights of the public.

All data and images gathered by the ALPR are for the official use of this department. Because such data may contain confidential information, it is not open to public review. 463.8 ALPR DATA SHARING
The Department may share ALPR data only with another California public agency and only as authorized by any other applicable federal or state law. The Department shall not sell, share, or transfer ALPR data to any private entity, nongovernmental organization, or out-of-state agency except as otherwise expressly authorized by law.

The following procedures are guidelines for the ALPR in-state network data-sharing relationship requests:
(a) The agency makes a written request for the ALPR in-state network data-sharing relationship that includes:
(a) The name of the agency.
(b) The name of the person requesting.
(c) The intended purpose of obtaining the data sharing-relationship (b) The request is reviewed by the ALPR Program Administrator and approved before the request is fulfilled.
(c) The approved request is retained on file.

Requests for ALPR data by non-California public agencies will be processed as provided in the Records Maintenance and Release Policy (Civil Code § 1798.90.55).

APPROVAL CRITERIA
The ALPR Program Administrator shall establish and maintain written criteria for evaluating all requests for in-state ALPR network-sharing access. Before approving a network-sharing relationship, the ALPR Program Administrator shall determine that:

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San Mateo Police Department

POLICIES
Automated License Plate Readers (ALPRs)
(a) The requesting entity is a California public agency authorized by law to receive ALPR information.
(b) The requesting agency has a publicly available ALPR Usage and Privacy Policy that complies with California Civil Code sections 1798.90.51 through 1798.90.55. (c) The requesting agency certifies that ALPR information will be accessed and used only for lawful purposes authorized by California law.
(d) The requesting agency agrees to comply with all applicable security, audit, retention, privacy, and dissemination requirements established by law and Department policy. (e) A written agreement or documented authorization governing the network-sharing relationship has been executed and approved by the Department.

DENIAL CRITERIA
The ALPR Program Administrator shall deny a request for network-sharing access when:
(a) The requesting entity is not an eligible California public agency. (b) The request is not authorized by law.
(c) The requesting agency fails to provide the certifications or documentation required by this policy.
(d) The requesting agency has demonstrated a history of misuse of ALPR information or noncompliance with applicable law or policy.
(e) Approval would create an unacceptable legal, operational, security, or privacy risk.

PERIODIC REVIEW
The ALPR Program Administrator shall review each approved in-state network-sharing relationship at least annually to determine continued compliance with applicable law and Department policy.

The review shall include, at a minimum:
(a) Verification that the participating agency remains eligible to receive ALPR information. (b) Confirmation that the agency continues to maintain a compliant ALPR Usage and Privacy Policy.
(c) Verification that the operational need for continued sharing remains valid.

The results of the review shall be documented and retained in accordance with the Department's records retention schedule.

SUSPENSION OR TERMINATION
The Department may suspend or terminate a network-sharing relationship immediately whenever the ALPR Program Administrator determines that:
(a) The participating agency no longer qualifies as an eligible California public agency. (b) The agency violates California law governing ALPR information.

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San Mateo Police Department

POLICIES
Automated License Plate Readers (ALPRs)
(c) The agency violates the terms of the applicable sharing agreement. (d) Continued sharing presents an unacceptable privacy, legal, operational, or cybersecurity risk.
(e) Continued sharing is no longer necessary to accomplish a legitimate law enforcement purpose.

The ALPR Program Administrator shall document the basis for any suspension or termination and shall notify the participating agency of the decision.

DOCUMENTATION
The Department shall maintain records of all approvals, denials, periodic reviews, suspensions, and terminations of in-state ALPR network-sharing relationships. Such records shall include the basis for each decision and shall be retained in accordance with applicable records retention requirements.
463.9 TRAINING
The ALPR Administrator shall ensure that members receive department-approved training to operate or access the ALPR system (Civil Code § 1798.90.51; Civil Code § 1798.90.53). This training is further described in SOP 205.
463.10 ALPR DATA SEARCH AUDITS
It is the responsibility of the ALPR Committee Captain or the authorized designee to ensure an audit is conducted of ALPR data searches at least monthly for internal ALPR users and quarterly for external CA public agency users. The audit shall be documented in the form of an internal department memorandum to the Chief of Police. The memorandum shall include any data errors found so any such errors can be corrected. After review by the Chief of Police, the memorandum and any associated documentation shall be filed and retained.

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Procedure
205
San Mateo Police Department

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Procedure - 1
Automated License Plate Reader Operating
Procedure
205.1 PURPOSE AND SCOPE
This Standard Operating Procedure provides guidelines for the operation and accessing of the Department's Automated License Plate Reader (ALPR) program and data. This document is intended to supplement Policy 463.

Our Department currently uses three independent ALPR technology platforms - Flock Safety Inc. and AXON Fleet 3 Police Vehicle In-Car Camera System.

In accordance with the California Values Act, ALPR data may not be used for the purposes of immigration enforcement or other similar duties.

This Standard Operating Procedure, along with ALPR Policy, shall be posted conspicuously on our Department website.
205.2 DEFINITIONS
The following definitions for 'Operator' and 'End-User,' are listed in our Policy 463, and come from California Civil Code 1798.
"Automated license plate recognition operator" or "ALPR operator," means a person that operates an ALPR system. For our Department purposes, this will usually refer to our personnel or authorized designee operating a vehicle or other item of equipment with ALPR cameras collecting license plate data.
"Automated license plate recognition end-user" or "ALPR end-user" means a person that accesses or uses an ALPR system. For our Department purposes, this will usually refer to our personnel or authorized designee accessing historical data that is collected and stored in a centralized database(s).
205.3 ALPR OPERATOR TRAINING
Prior to the operation of the our Department approved ALPR system, any person operating a system shall complete Department approved training. The training will be coordinated by the Department Training Division, and shall include the following:
• A general review of the functionality of the vendor's software system • The authorized purposes for operating the ALPR system. • How to access the software system, by way of a login/password protected registry • How our vendor maintains logs of access and use
• How our vendor retains and purges data from its system

EXHIBIT B
San Mateo Police Department

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• How our vendor maintains system security to protect collected data • How to trouble-shoot and report basic malfunctions
Departmental Operator training will be included in the onboarding process for new personnel.Records of this training shall be maintained by our Training Division. Additional or refresher training will be determined by the department system administrator. 205.4 ALPR END-USER TRAINING
Prior to accessing the ALPR platforms to review data as end-users, any person doing so shall complete Department approved training. The training will be coordinated by the Department Training Division, and shall include the following:
• A general review of how the ALPR Platform works
• The authorized purposes for accessing the ALPR platform • Every ALPR data search shall be documented with a reason for the search, usually by agency case number, incident number, or warrant number. • How to access the software system, by way of a login/password protected registry • How the ALPR platform maintains logs of operator access and use • How the ALPR platform retains and purges data from its systems Any person(s) using the ALPR platform as end-user shall complete Department approved training. 205.5 ALPR SYSTEMS AUDITING
The Field Operations Captain has administrative responsibility for the ALPR platforms. This responsibility may be delegated to a designee as appropriate. ALPR systems audit should be completed monthly to ensure compliance of department policies. The results of this audit should be submitted to the Chief of Police for their review.
205.5.1 ALPR PLATFORMS
San Mateo Police Department

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Flock Safety
The Flock Safety Automated License Plate Recognition (ALPR) system consists of networked cameras that automatically capture license plate images and associated vehicle characteristics, including make, model, color, and other identifying attributes as vehicles pass within view of the cameras.

The primary purpose of the system is to assist law enforcement in preventing, deterring, and investigating crime by generating searchable ALPR data and providing real-time alerts when a detected license plate is associated with vehicles linked to stolen vehicles, vehicles involved in criminal activity, missing persons, AMBER Alerts, Silver Alerts, wanted individuals, or missing persons.

All ALPR detections collected through the Flock Safety system are stored within Flock Safety's secure cloud-based infrastructure. The system utilizes industry-standard encryption to protect ALPR information both in transit and at rest. Administrative, technical, and physical safeguards are implemented to protect ALPR information from unauthorized access, disclosure, modification, or destruction, consistent with applicable security standards.

Access to ALPR information is restricted to authorized personnel for legitimate law enforcement purposes, and system activity is subject to audit logging.

Axon Fleet 3 Police In-Vehicle Camera System
The Axon Fleet 3 Police In-Vehicle Camera System is an in-car video and digital evidence management platform designed for public safety vehicles. The system integrates video recording, automated license plate recognition (ALPR) functionality, and real-time connectivity into a single platform to support law enforcement operations and evidence collection.

The system may capture ALPR detections and associated vehicle characteristics when equipped with ALPR capabilities. This information may be used to assist law enforcement personnel in investigating crimes, identifying vehicles associated with missing persons, criminal activity, locating stolen vehicles, and supporting public safety operations.

Axon Fleet 3 incorporates security controls designed to protect digital evidence and ALPR information. Data collected by the system is encrypted during transmission and while stored, and is maintained within CJIS-compliant cloud storage environments. Access to the system and data is restricted through role-based access controls and authentication measure 205.6 PROTOCOL REVIEW
This Standard Operating Procedure should be reviewed on an annual basis with the Field Operations Captain, or their designee, and any other person(s) as determined by the Field Operations Captain.

San Mateo Police Department

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205.7 ALPR COMMITTEE
The ALPR committee will meet to discuss ALPR systems audit, training, equipment issues and maintenance, review policy and SOP, and other projects related to automated license plate systems.

San Mateo City CouncilOctober 5, 2026

San Mateo City Council
October 5, 2026