Police Chief Jason Thody Addresses ALPR Misconduct and Pleads for Stronger Safeguards Over Abolition
Chief Thody Clarifies Capabilities of Flock License Plate Readers
Police Chief Proposes Slashing Data Retention to 14 Days to Prevent Unnecessary Stops
Chief Thody Cites Three Shootings in One Week During Surveillance Suspension
Councillor Burgo and Chief Thody Discuss Training Mandates and Lack of IT Department Involvement
Councillors and Chief Address Regional Pushback Against Flock Cameras
The New Bedford City Council Committee on Public Safety & Neighborhoods met on September 9, 2026, to discuss two motions regarding the city's use of Flock Safety Automated License Plate Reader (ALPR) cameras and law enforcement surveillance technology. Police Chief Jason Thody presented an overview of the ALPR system, addressing recent internal audit findings that revealed instances of improper use by police personnel. He emphasized that the system was currently suspended and outlined proposed safeguards, including reducing data retention from 30 to 14 (or 7) days, instituting documented reasonable suspicion standards for searches, mandatory annual training, restricting access to supervisors and detectives rather than widespread department logins, and conducting regular audits through the Professional Standards Unit. Councillors questioned Chief Thody regarding vendor oversight, the upcoming expiration of the Flock contract on November 12, the removal of two cameras (including one obnoxiously close to a residence and another on private property), and the involvement of the IT department and outside auditing bodies. Representatives from Flock Safety did not attend due to scheduling constraints. The committee also heard brief testimony from Police Union President Lorenzo Gonzalez regarding the impact of surveillance technology on staffing and community policing. Ultimately, the committee voted to table both motions until Chief Thody completes his public working group process and formulates formal policy recommendations.
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Right, right.
1:01But you are going to be able to record it.
1:04Okay, that's okay.
1:07All right.
1:09Yeah, so just let me know when you're ready.
1:15A mic check just in case.
1:16Testing, 1, 2, testing.
1:187 o'clock.
1:49You ready?
2:03Yes.
2:13Yeah, of course.
2:18Thank you.
2:21Welcome.
2:22They're for the city councilors, right?
2:23We don't have any extra.
2:26No, I didn't actually.
2:27You didn't get one?
2:29Yeah, okay.
2:30No worries.
3:01I'd like to call this meeting of Public Safety and Neighborhoods for September 9th, 2026, meeting at 7:03 in City Council Chambers.
3:23We will not be live streaming tonight due to technical difficulties with MIS.
3:27So we're not going to read that into the record tonight.
3:31In the chambers is, uh, Councilor-at-Large Ian Abreu, Scott Pemberton, Ward 2, Leo Chiquette, Ward 1, James Roy, Councilor-at-Large, Naomi Connie, Councilor-at-Large, and Shane Bergel, Councilor-at-Large.
3:50Um, we did have a message from, um, Councilor Baptiste.
3:54He's going to be about 20 minutes late, and so is, um, Councilor Oliver.
3:59And I did have a message from last night from, um, Ryan that he would also be a few minutes late tonight for tonight's meeting.
4:08I have one letter.
4:09With that said, any letters to be read into the record?
4:12This one's from Councilor Lopes.
4:14I'm writing this letter to inform you that I'm unable to attend tonight's committee meeting on public safety and neighbors United, um, excuse me, Neighborhoods meeting on Wednesday, September 9th, 2026 at 7 PM due to a prior commitment.
4:26I ask that you read this letter into the record to make my colleagues and those in attendance and the public aware of the reason for my absence.
4:34Motion to receive and place on file by Councilor Abrams, seconded by Councilor Roy.
4:40All in favor?
4:41Aye.
4:42Opposed?
4:42The ayes have it.
4:43I'll ask the clerk to read, um, if there's no objection, we'll take both items up all at the same time.
4:49Is there an objection from Councilor Bergl?
4:52Item number 1, written motion, Councilor Gomes requesting that the Committee on Public Safety and Neighborhoods immediately meet with Police Chief Jason Thode, a representative from the mayor's office, and a representative from Flock Safety.
5:04This meeting is to bring all parties together for the purpose of enhancing policies and procedures and strengthening community trust around the use of these cameras.
5:12The policy is transparent, with every search being logged and additional safeguards in place, not only to protect the civil rights of citizens but for the police department as well.
5:23It was referred here on August 25th, 2026.
5:28Number 2, written motion, Councilors Burgos, Lopes, and Abrams requesting that the Committee on Public Safety and Neighborhoods meet with representatives of the New Bedford Police Department, the city solicitor, the Information Technology Department, and any other appropriate officials to discuss the city's use of law enforcement surveillance technology including but not limited to automated license plate readings, also known as ALPR systems, flock safety cameras, public safety camera networks, and all other technologies capable of collecting or retaining data on movement of vehicles or individuals.
6:00And further, that the committee review the city's policies governing the collection, retention, sharing, security, and deletion of data generated by such technologies, the circumstances under which such data may be accessed or shared with outside law enforcement agencies, safeguards in place to protect residents' constitutional rights and privacy, and whether an additional local policies and public confidence while preserving the legitimate public safety benefits these technologies provide.
6:341 and 2 are now before you.
6:36Motion to receive in place on file.
6:38A motion to receive in place on file by Councilor Burgos, seconded by Councilor Carney.
6:43All in favor?
6:44Opposed?
6:45The ayes have it.
6:46Um, the chief is here.
6:48Um, I did invite FLOC to this meeting.
6:52I don't see anyone here from FLOC.
6:54It's, uh, very interesting.
6:57We did have, um, Justine Kagan from the police department along with Jason Doherty, the chief, and a representative from the mayor's office.
7:08I don't know who is representing the mayor's office.
7:10I don't see anybody Um, Eric Jakes is here, the city solicitor.
7:15With that said, with your pleasure, Councilor Berger, hear from the chief.
7:20Yes, it looks like he may have a presentation from us.
7:23Yes, he does.
7:25Chief, welcome.
7:30Thank you.
7:31So we did, um, we did hear from Flock today.
7:34Uh, they have, uh, apparently they have quite a few requests to come to places like this and to speak.
7:42So they, they were not able to, to send somebody today, and they're basically on an 8-week notification schedule.
7:50So I think that's pretty far out.
7:52But if we're interested in seeing them in 8 weeks, we can, we can certainly explore that.
7:58But I will— I can take any technical questions that are that we would need answered by them, and I can relay them and get an answer back much quicker than that.
8:08So I appreciate them getting in touch with you, Chief, and letting us know.
8:14We didn't receive anything on record.
8:18Okay, do you have a brief— you have a presentation you would like to— yeah, so I, I gave handouts.
8:24I'll reference them, um, in just a— I'll go through this for, for a few minutes here that could answer some questions and give some context, and then happy to obviously answer any specific Second.
8:37Motion to receive and place on file by Councilor Abrams, seconded by Councilor Connie, and receive and place on file the presentation about to be given by the chief.
8:44All in favor?
8:45Aye.
8:46Opposed?
8:46The ayes have it.
8:47Okay, uh, good evening, councilors.
8:51Thank you for the opportunity to speak again on this important issue.
8:55I want to begin by acknowledging that the concerns underlying this technology have legitimacy.
9:00Any technology that collects information for law enforcement purposes must be used lawfully, appropriately, and with meaningful safeguards.
9:07Residents have a right to know what information is collected, how long it's retained, who can access it, how it's used, and what happens when someone violates the rules.
9:17It's important to acknowledge that— acknowledge that misuse of an ALPR system is not hypothetical here anymore.
9:23Our own audit identified improper use of the FLOC system.
9:26We investigated that conduct, took it seriously, and are pursuing accountability.
9:31I will not minimize those incidents or ask the council or the public— Chief, I don't mean to interrupt you for a minute.
9:37You got to come down from there, Gilly, please.
9:46Okay, maybe a technical with the MIS.
9:48Thank you.
9:50Gus, how are we doing up there?
10:02And we're live streaming.
10:04Yeah, Mr. Chairman, he's just notifying us that we are live, that there was no issues with the live stream.
10:12So we are currently live streaming.
10:14Okay.
10:14So before I let you continue, I apologize, Chief.
10:18We just didn't know what was going on here.
10:19Let me just note that this meeting is being live streamed and recorded, and the City Council's committee meetings can be viewed on City's New Bedford homepage under the quick link, then meetings.
10:31With that said, I apologize for the interruption.
10:38Good.
10:39That's what happens on live TV, right?
10:42That's what happens.
10:43That's it.
10:44All right, so, so it's important to acknowledge that misuse of the ALPR system is not a hypothetical.
10:51We investigated that conduct, took it seriously, and are pursuing accountability.
10:55I'll not minimize those incidents or ask the council or the public to ignore them.
10:59But the discovery of misconduct and our response to it should demonstrate my commitment to meaningful consequences and lead us to stronger controls.
11:07It should not automatically lead us to eliminate any every legitimate use of a valuable public safety tool.
11:13Some context on how FLOC ended up here.
11:15It's important to distinguish ALPR from a new or experimental technology being introduced before its benefits and risks are understood.
11:24Automated license plate reader technology has been used in law enforcement for more than 2 decades.
11:28In fact, the International Association of Chiefs of Police survey conducted in 2009 found that approximately 23% of responding law enforcement agencies were using ALPR technology back then.
11:40By the time New Bedford acquired this system in late 2024, ALPR was not an untested or emerging concept.
11:47It was an established investigative tool already being used by many communities across the country, including most of the cities and towns surrounding New Bedford.
11:56Flock itself had also been operating since 2017.
12:00Therefore, New Bedford was relatively late— was a relatively late adopter of both the underlying technology and this particular platform.
12:08If we were considering a newly developed technology with little operational history, I would expect a more extensive testing and evaluation period, a limited pilot program, additional vetting, and a broader, more interactive process before full deployment.
12:21That type of process is particularly important when the capabilities, risks, accuracy, and legal implications of a technology have not yet been established through widespread, widespread use.
12:32That was not how ALPR would reasonably have been viewed in 2024.
12:37By then, departments had years of experience using it to locate stolen vehicles, identify vehicles connected to serious crimes, find missing and endangered people, and develop investigative leads.
12:48Courts, law enforcement organizations, municipalities, and privacy advocates had also been examining the technology for years by then.
12:56It was not in New Bedford.
12:57I was not in New Bedford when the Flock system was acquired, so I cannot speak to every decision made during its implementation.
13:03I'm also not defending the fact that the system was introduced with controls that in hindsight were insufficient.
13:09The policies, access restrictions, documentation requirements, training, and auditing should have been stronger.
13:16However, the failure was not the decision to obtain LPR technology.
13:19The failure was not establishing a governance structure equal to the power and sensitivity of that technology.
13:26It is evident that many police departments across the country failed to predict the potential for misuse.
13:32I would argue that we haven't given meaningful controls a chance here.
13:36It is important to understand what this technology actually does and what it does not do.
13:41The intent— the internet is a valuable but sometimes dangerous research tool, and misinformation is running rampant around this technology right now.
13:49A fixed ALPR camera captures a point-in-time image of a vehicle passing a particular location on a public roadway.
13:56It records the publicly displayed, displayed license plate, the date, time, camera location, direction of travel, and visible characteristics, characteristics such as the vehicle's color, make, body style, roof rack damage, or other distinguishing features.
14:11You have a screenshot of this in your packet.
14:13It does not continuously follow a vehicle.
14:16It does not show where the vehicle goes between cameras.
14:19It does not record conversations or look inside homes.
14:22It does not have facial recognition.
14:24It does not contain someone's telephone communications, financial information, medical history, Social Security number, fingerprints, DNA.
14:31A plate image does not establish who was driving the vehicle or prove that anyone committed a crime.
14:37What we are able to search for in the system is shown in the handout as well.
14:42There are 2 search functions: a lookup screen and a more comprehensive search screen, which is where we can look for vehicle characteristics like body style, color, damage, etc.
14:53An ALPR result is an investigative lead.
14:55It must be independently reviewed and validated.
14:58It's not automatic probable cause, and it should never be treated as automatic proof of guilt.
15:03License plates are also different from information taken from a private telephone or the interior of a home.
15:09There is a different expectation of privacy on public streets with intentionally public-facing registration plates.
15:16A license plate is issued by the government connected to a government registration system and legally required to be conspicuously displayed when a vehicle is operated on public ways.
15:26Every officer and every member of the public can observe it from the street.
15:30And in fact, if your registration can't be publicly viewed, you're violating the law.
15:35That does not mean there can never be a privacy concern.
15:38When public observations are aggregated over a sufficiently long period or across a sufficiently extensive network, they may reveal a detailed picture of someone's movements, associations, and private life.
15:49This is why the number of cameras, camera placement, retention periods, search limitations, sharing restrictions, and audits are so important.
15:58Massachusetts courts have recognized this distinction.
16:01In Commonwealth v. McCarthy, the Supreme Judicial Court held that the limited use of fixed ALPR cameras in this case did not constitute a search under the Fourth Amendment or Article 14 of the Massachusetts Declaration of Rights.
16:14The court did not authorize unlimited tracking.
16:18It explained that the constitutional question depends on the actual scope of the surveillance and whether it reveals a substantial picture of someone's public movements or exposes the privacies of life.
16:30We also now have a very recent decision from our own region.
16:34On August 18th, 2026, a Bristol County Superior Court judge denied motions to suppress evidence obtained through Fall River's Flock system in a murder investigation.
16:44I've attached that ruling in your packet.
16:46It's very detailed, and it goes through the facts and reasonings for the decision.
16:50Detectives had images and descriptions of a gray Chevrolet SUV used in the shooting, but they did not have the license plate.
16:57They searched stored Flock images, identified the plate, and then reviewed additional images on that vehicle.
17:03The court found that 7 cameras captured the vehicle on 96 occasions over 19 days.
17:09Nevertheless, those point-in-time images did not reveal the occupant's employment, associations, hobbies, schedules, visits to constitutionally sensitive locations, or even their progress along one complete journey.
17:24The court concluded that the actual use of the system did not amount to pervasive surveillance and did not constitute a search under the Fourth Amendment or Article 14.
17:33That is a superior court ruling, not a statewide appellate decision, but it is recent, local fact-specific application of the controlling legal principles to the same type of FLOC technology we are discussing tonight.
17:47Under the safeguards I proposed, ordinary data retention would be reduced from 34— from 30 to 14 days.
17:53Some, including FLOC, as I mentioned earlier, are recommending 7 days.
17:58After that period, the data would be deleted unless it had been properly preserved as evidence or pursuant to lawfully lawful authority.
18:06I believe the safest unnecessary record is one that no longer exists.
18:11We must also consider what policing looks like without this technology.
18:15Imagine that a witness to a shooting describes the suspect vehicle as a white SUV with tinted windows and black wheels.
18:21Without ALPR, officers may have to stop several white SUVs matching that general description.
18:27If we reasonably believe the vehicle may contain an armed suspect, Innocent occupants could be detained and, under appropriate circumstances, ordered out at gunpoint while officers determine whether they have stopped the correct vehicle.
18:39That police response may be lawful and necessary, but it is also very personal and traumatic.
18:45An ALPR search may allow investigators to narrow dozens or hundreds of possible vehicles to one or two.
18:51Detectives can compare those vehicles against witness accounts, private video, travel time, distinctive vehicle characteristics and other evidence before stopping anyone.
19:02Properly governed technology can therefore reduce unnecessary police encounters and intrusions.
19:08It can make us more precise.
19:10It can eliminate an innocent vehicle just as readily as it can identify a suspect vehicle.
19:16The independent assessment of the Brown University mass shooting provides a compelling real-world example.
19:22That assessment was concluded by the Police Executive Research Forum, or PERF, PERF is an independent national nonprofit research organization founded in 1976.
19:30It's widely recognized for its research, management studies, policy development, and executive education involving constitutional policing, violent crime, police technology, accountability, and best practices.
19:43PERF found that once investigators developed a description of the suspect vehicle, FLOCK reduced an investigative universe of thousands of vehicles to 2 candidates in a matter of minutes.
19:53Detectives did not treat those results as proof.
19:56They independently evaluated both vehicles, eliminated one, and traced the other to a rental agency in Boston, helping identify the assailant.
20:05PERF called the LPR information in this case indispensable.
20:10Its recommendation, however, was not unrestricted use.
20:13PERF recommended that Providence maintain its LPR system while continuing to comply with validation, auditing, and accountability recommendations.
20:22This is essentially the balanced approach I'm asking New Bedford to adopt.
20:27The public now expects police to solve serious crimes at a speed that is possibly only through the responsible use of technology.
20:35We saw that expectation following the murder of UnitedHealthcare CEO Brian Thompson, during the Brown University shooting, and in the— in the continuing investigation into the disappearance of Nancy Guthrie.
20:47In cases like these, the public expects investigators to quickly examine video, identify vehicles, reconstruct movements, locate witnesses, analyze digital evidence, and share accurate information across jurisdictional lines.
21:00Those expectations will not disappear if New Bedford prohibits its police department from using the tools needed to meet those requirements.
21:08We must also consider the message we're sending to people who intend to commit crimes.
21:12Last Wednesday the 2nd at 5:30 PM at Van Buren Street and Beacon Street, we had a shots fired incident where 6 9mm casings and a part of a firearm were recovered.
21:22This last Sunday the 6th at 1:40 AM on Princeton Street and Ashley Boulevard, we had a shots fired incident where more than 20 rounds were fired.
21:29Detectives collected 17 9mm casings and 2.45 caliber casings from the scene.
21:36Today at 3:30 PM, we had a shots fired on Chestnut Street.
21:40Casings have been located and the investigation is currently ongoing.
21:44Detectives are investigating these incidents without ALPR technology and are already noticing a difference.
21:50I do not suggest that removing ALPR cameras would automatically cause crime to increase, or that every offender carefully researches municipal technology policies, but this is 3 shots fired incidents in 1 week, which is not normal for us.
22:03Offenders do assess risk.
22:05Most use stolen vehicles, rental cars, counterfeit plates, converted plates, masks, and indirect routes specifically because they are trying to avoid identification.
22:16The perceived likelihood of being identified and apprehended does matter.
22:21Publicly announcing that New Bedford has eliminated technology capable of identifying vehicles connected to shootings, robberies, burglaries, stolen cars, and abductions may reduce that perceived risk.
22:31It may also encourage offenders from outside the city to believe they can enter, commit a crime and leave New Bedford with less chances of being identified.
22:40Decisions like these also carry accountability in both directions.
22:43Seattle's mayor faced significant public backlash at the recent effort that specifically cited— at the recent recall effort that specifically cited her decisions concerning the deactivation of public safety cameras in the name of privacy concerns.
22:57After the Bite of Seattle shooting, the chief was forced to resign, and the mayor continues to face public pressure and scrutiny.
23:03This past weekend, there were several additional shootings in the city that leaders are answering questions about as we speak.
23:10This demonstrates that elected officials may ultimately be asked to explain not only why technology was used, but why potentially useful evidence was deliberately made unavailable by removing a tool that could have been useful in solving a crime.
23:22If New Bedford completely eliminates ALPR, we should be prepared to look at the family of a murder victim, an abducted child, or a missing vulnerable adult and explain that the city once possessed the lawful investigative capacity— capability, but chose to give it up.
23:37I cannot— I cannot promise that ALPR will solve every crime or locate every missing person, but I also do not want to tell a grieving family that evidence that might have helped was unavailable because we rejected regulation in favor of abolition.
23:52I have proposed a shorter retention period Documented reasonable suspicion standard for investigative searches, a written legitimate law enforcement purpose requirement, mandatory training, monthly professional standards audits, public transparency reports, daily review of locally mandated hot lists, restrictions on outside access, clear prohibited uses, contractual data prohibitions, and serious disciplinary consequences up to termination and referral to POST, prosecutors, or other appropriate authorities.
24:23I also initiated a public feedback process because decisions of this important— importance should consider as many voices as possible.
24:30Residents who support the technology, oppose it, or support it only with additional restrictions should all have the opportunity to be heard.
24:38The choice before the council should not be characterized as privacy versus public safety.
24:43We have an obligation to provide both.
24:45This technology should not be accepted on blind trust, but neither should it be rejected out of fear.
24:51It should be governed.
24:52The reality is that it was implemented without adequate safeguards.
24:56For those reasons, I respectfully ask that we work together to establish enforceable municipal automated license plate reader privacy and transparency standards that preserve an important public safety tool while placing clear, meaningful, and transparent limits on its use.
25:11While that may not be the easiest course, I do believe it is the responsible one.
25:16Thank you.
25:18Thank you very much, Chief.
25:21Any questions of the Chief?
25:25Councilor Chiquette.
25:26Thank you, Mr. Chairman.
25:29Chief, I know you walked into this situation and this was not of your own doing, so please realize I have nothing but the utmost respect for you.
25:37You're a stand-up guy, and in my opinion, you went out of your way to do what you said you were going to do.
25:44Which was to do an audit after we had that initial meeting.
25:48So again, being that you walked into this, my question is, how long ago, to your knowledge, was FLOC instituted in the city of New Bedford?
25:58How long ago?
25:58So late 2024 is when it— is when it was start— it started being used here.
26:04Okay.
26:05Are there any operating procedures or regulatory manuals for the department that were instituted and put on file at the time it was put in?
26:17So there was a policy.
26:19Um, it look— it looks to me like, uh, you know, that it's like a boilerplate policy for ALPR.
26:25A lot of times vendors will give that to you.
26:27Axon gives it for body-worn cameras.
26:29Uh, and there was actually an additional step of an MOU that each person that has a login had to sign.
26:38And it was pretty clear.
26:40It did have prohibitions in it.
26:42And it was signed.
26:43But the audits weren't being conducted in a way that— it was more of supervisory review, I would call it, than an audit.
26:52There was not any kind of full auditing of the system.
26:56The training, although Flock as a company provides training, when you get a login, they send you links to training.
27:04The training wasn't mandatory.
27:06So while there are— there is a policy, you know, the policy, like for example on audits, just says this technology should routinely be audited.
27:16That's the whole section on auditing.
27:18So there is a policy, but it doesn't go far enough.
27:24Sure.
27:25I agree.
27:26In your prior capacity as the chief of the Hartford, Connecticut Police Department, Did you guys have similar technology?
27:33Yeah.
27:33I mean, so I remember as a patrolman, we got LPR technology.
27:38I believe the vendor was Ricor at the time.
27:41And what it was initially used for is they would load all of the people with that owed taxes and had like excess parking tickets that were not paid into a system.
27:51And as the cars would drive around, they weren't mounted up on poles.
27:54They were actually— you would drive around and it was these, these big mailbox-looking ugly cameras that were on cruisers.
28:00You can Google them.
28:02And as you drove around, if an alert popped up that someone had, you know, an excess amount of unpaid parking tickets or whatever, they would call in a boot and they would boot the car.
28:12The car.
28:12Yeah.
28:13Um, that was my first introduction to the technology, probably close to 20 years ago, uh, 15 years ago, I'd say.
28:19Um, we evolved it from there.
28:21We did use— we did use— we did not use Flock.
28:23We used Record there.
28:25Um, but there are, uh, ALPR readers in Hartford.
28:28We have a real-time crime center there that's pretty advanced.
28:31So there's, there's more of them than there are here.
28:36Different vendor, though.
28:38And when you were over there, when you were running Hartford Police Department, did you have regulations in place?
28:49And I'm assuming that when you were running it over there, you had control of what was going on and you had better tighter restrictions and regulations than what is currently here?
28:59Yeah, short answer is yes.
29:00I mean, but with, like I said, if you ever were to go or Google the Real-Time Crime Center in Hartford, there was a lot of technology at use there, and we had experts that just dealt in that technology.
29:12You know, here it's not as big and it's not as prevalent, that technology, so you don't have, you know, kind of experts that deal in that technology.
29:21It's That's one of the reasons I brought in Deb Peel, was to be somebody, a civilian, that has better experience with technologies and oversight and things like that.
29:29We had civilians in Hartford as well.
29:31But that was like a bigger system of technology that was maintained, I think, out of necessity, with a lot closer eye.
29:42Okay.
29:43Well, thank you for being, you know, curt on that.
29:50I guess that, that's all for me for now.
29:52Thank you, Chief.
29:53Thank you.
29:53Thank you very much, Councilor.
29:54Councilor Bergl.
29:57Thank you, Mr. Chairman.
29:59Chief Doty, thank you for being here again tonight.
30:02I just wanted to clarify, I don't know if I wasn't— when you were talking about trainings, was that just on the audit tool that there were trainings on?
30:11No.
30:11When you— so when you The process was, if an officer was interested in being a FLOC user, there was a process where they went to a lieutenant in Major Crimes, and they had to meet with that lieutenant, get the policy, sign the MOU, and when they signed the MOU, that lieutenant would create a username and password, and they would get that by email.
30:31When you logged on to that as a user, you would get access to— I think it's called FLOC Academy, which is the training tool.
30:39There's, I think, 3 videos in there that show you how to use the tool.
30:45But for whatever reason, you know, the policy says that you have to do the training, but the MOU doesn't.
30:52So there was a disconnect there of whether you had to take the training.
30:55Whose policy though?
30:55FLOC's policy or— The police department's policy.
30:58Okay.
30:58So there was an actual policy.
31:00Yes.
31:02And that wasn't related to the audit tool.
31:04That was related to the use of FLOC.
31:05Flock by our police officers.
31:07And you stated— I did hear you say it wasn't mandatory, correct?
31:11Okay, so essentially they got their username, they logged in, they would get an email just saying, hey, if you want to use this, you can get this education at Flock Academy.
31:20Didn't have to actually go get educated on it.
31:24They could go run wild and free on there doing searches without actually doing this academy.
31:31Yes, they could.
31:33Okay.
31:34So the only training tool was a self-guided training tool from this Flock Academy?
31:39Yes.
31:40Okay.
31:43And I'm assuming this training— it wasn't mandatory, so it's probably not something that would come up as a reminder to, to redo every time.
31:53Okay.
31:55Who, I guess, You're saying the police department had a policy, and I— this is challenging because you've already said you weren't here when it was implemented.
32:04Was it the chief that prior to you that implemented it, or was it the mayor?
32:10Technically, the chief did.
32:12Okay.
32:12Like I said, it looks to me like, you know, when you get some of this, this technology that's been around for a long time, there are like vetted policies out there that they do provide a useful groundwork for foundation for the policy, but I always find it's important to go in there and make it, you know, New Bedford specific, or back in the day Hartford specific.
32:31So I don't know where this policy came from.
32:33It was issued by the chief at the time, you know, and I think it definitely, you know, whether, whether the, the progression of the technology has mandated that policy to get better or whether it should have been better at the time, the bottom line is it needs to be better.
32:49It needs to be better now.
32:50We need a stronger policy.
32:51We need training that's specific to not just how to conduct a search, but, but what happens when you misuse it and all the elements around the safeguards that I'm proposing that training should be.
33:03And it should be annual training.
33:04You shouldn't just get it once and then be done.
33:06It should be— it should— for you to get a new username and password, you should have to go through the training again.
33:12Should be mandatory.
33:13Correct.
33:14I like that word.
33:15Was the police department the sole department in charge of implementation and administration.
33:21It looks— again, I wasn't here, but it certainly looks that way.
33:23Yes.
33:23Okay.
33:24Um, so I would say that IT had no, um, involvement whatsoever.
33:31No, I think we heard from IT last night.
33:33Yeah, as far as I know, they had no involvement.
33:35So yeah, that's my segue here.
33:37So I asked, uh, obviously Director John Costigan, because stupidly, I guess, I would assume it made sense to me.
33:44Our information technology department would be involved.
33:49I asked him, Mr. Chairman, not to be here tonight because I didn't want to waste his time.
33:54So I do apologize to any of my colleagues if they had questions for him, but he wouldn't have been able to answer any questions for us other than he wasn't involved in it.
34:02I guess that brings my question to, would you think that IT should be consulted in this?
34:09Yes.
34:10Yeah, I mean, IT as a broader, you know, citywide IT really is responsible for the security Making sure people can't breach the system and things like that.
34:20So you should at the very least have the technology vetted through them to make sure that— now I will say that generally law enforcement technology has to meet some pretty strict regulations when it comes to security and especially cybersecurity protections.
34:38But you should still have somebody from here have an eye on it for sure.
34:41So I assume there was no actual cybersecurity assessment done?
34:45As far as I know.
34:46Again, I wasn't here for the whole process, but as far as I know and listening, if he was here in 2024, he'd be the best person to ask that.
34:51I think he said he had nothing to do with it.
34:53So one thing you'll learn about me, I never ask a question that I don't know the answer to already.
34:57And so I'll tell you right now that that didn't happen.
35:00So I just want to point out the fact that all these policies or lack thereof that the administration has put forward didn't happen.
35:08It's not happening.
35:08I'm glad that it is happening now, and I want to thank you for that.
35:11And I appreciate the work that you've put in being forced to have to do this work.
35:16But I mention all this now publicly because obviously, as you were here last night, we're doing the work of trying to put an ordinance together to make sure that something like this never happens again.
35:26And we're obviously being criticized, as I knew we would, from the administration because he thinks that we're rushing this.
35:33But this policy, or not, again, lack thereof, I think the implementation of this was rushed.
35:39And that's why I'm thankful and hopeful that this body will recognize that that's why we need to put these safeguards in to make sure the work that you're doing, which again, I'm appreciative of, happens and make sure that the administration sticks to their word that they will follow through.
35:55And I believe that you will do that work.
36:00Other— I don't have any other questions for you because I really don't want to put you through having to answer for the failures of the Mitchell administration when you weren't here for that.
36:11But I hope that you don't get any pushback from them, and I hope they continue doing the work that you're doing.
36:17And that's all, Mr. Chairman.
36:18Thank you.
36:20Thank you, Councilor Bergl.
36:21Councilor Ian Abram.
36:23Thank you, Chairman.
36:24Good evening, Chief.
36:25Good to see you.
36:26I'm just wondering, have you had— maybe you haven't— have you had any conversations with your local colleagues in your industry?
36:34The chief in Acushnet, the chief in Dartmouth, both have suspended FLOCK or have canceled FLOCK outright.
36:43This seems to have— this issue seems to be transcending political lines.
36:47I mean, you have in Acushnet a pretty much all-Republican select board that said take them down.
36:53In Dartmouth, you have more of a left-leaning Democrat board.
36:56They said take them down.
36:57Just curious, have you spoken with your colleagues as to their rationale after talking to townspeople, the select boards?
37:03And I'm just curious what those conversations were, if you had them.
37:07Yes.
37:07And I'm not going to speak for them, but I think a lot of it is, is, is just kind of what we're doing in different variations.
37:15Their contract was up and our contract does end on November 12th.
37:20As well.
37:21I wasn't— I was transposing numbers, 11-12 or 12-11 last night, but ours ends on November 12th.
37:27And, you know, so I wouldn't be surprised to see some of these folks, you know, either engaging with different vendors, the same vendor with different contracts, but I won't speak for them.
37:36But yes, there's a much broader conversation not just going on in Bristol County or Massachusetts, but even across the country about how we can use this technology.
37:45I mean, there's just If it was not— if it wasn't a vital tool in the work that law enforcement does, I think people would have a much easier time just kind of walking away from it.
37:57But it has a lot of legitimate uses.
38:00I think it might have been a little bit more than the contract expiring.
38:03I heard the comments from the chairman of the Akushnet Select Board and one of his colleagues.
38:08It's a lot of questions surrounding this and what what the townspeople feel.
38:13But, and I know, listen, I'm sure, you know, I don't want you to divulge a private conversation.
38:18I just wanted you to see it at a 30,000-foot view, kind of what the rationale was or what was going on.
38:23Because I've heard the narrative that, well, if the surrounding towns have it and New Bedford has them down, it's a green light to commit crimes in New Bedford.
38:31But if all the towns around don't have it either, I don't know if that argument holds water.
38:36I don't know, because the, the What we're hearing too is the town of Fair Haven has a town meeting coming up soon.
38:40It looks like the townspeople are going to vote to take them down in Fair Haven as well.
38:44So I don't know what's going on.
38:45I just— I, you know, you're in contact with law enforcement professionals every single day, not just locally but regionally and nationally.
38:54So I'm just curious what, you know, other colleagues are saying nationally besides even locally, the, you know, the Chiefs Association, how you're all grappling around this.
39:05Um, and you alluded to it, right?
39:07The FLOC representative couldn't come here tonight because there's several other meetings that they're pulled from.
39:12Oh yeah, well, that's a— that tells me there's a problem if, if they're in such high demand, if there's so much controversy for all these meetings.
39:19So obviously people have questions and concerns.
39:21Yeah, I don't think there's any question that, you know, that, that we, we cannot have FLOC in the way that it's sitting now.
39:27Like I said, that contract expires in November.
39:30You know, one way or another, you know, regardless of what we decide here as a community, you know, we've got to look at this technology differently and we have to implement it the correct way.
39:39We've got to pretty much start from scratch, which is why I shut it down so we can do that.
39:44The other thing that I will say was interesting because one of the first kind of national news stories that I saw about, about flock technology was from Killingly, Connecticut, which I have some experience with.
39:57It doesn't have a police department.
39:58It's covered by the state police.
40:00I don't know why they got Flock in the first place, but a small town like that may not get as much use out of a system like Flock than, you know, a medium to larger size city where your, you know, your throughways are traveled differently and it may be more useful.
40:16So I think each community really has to look at this independently to see if the juice is worth the squeeze and can you regulate it properly and all those.
40:24So what, you know, kind of what Dartmouth and Fair Haven— I mean, if no one around us have it, Um, you know, that's a consideration, right?
40:30But, um, I, I'm more concerned with here and how we use it and, and what, what the benefits are of it and what the risks are of it here in New Bedford.
40:38Well, similar to what the Ward 1 councilor said, I do appreciate you coming here.
40:42It was a late night last night.
40:44You've been fully transparent and open with me and all of us, whether through phone, email, these meetings.
40:50Um, and, and, you know, your suspension right now while we figure this out, whether it's through this ordinance or through other regulatory processes.
40:57I just want to praise your stewardship on this because you could have said, hey, look, we're going to keep them up, we have a problem, we'll, we'll, we'll deal with some of the people who may have caused infractions or violated, but we're still going to keep them up.
41:09You didn't do that, so I give you credit for taking a pause.
41:12So I just wanted to praise you for that and thank you for, for working with us in the community.
41:17It is important.
41:18And you were at that meeting, uh, in Pulaski, and I know it was a little So it was loud, but people were, were concerned.
41:24And, you know, you heard the concerns, and that's— that kind of led us to all of this.
41:29So I appreciate you being here, you know, uh, again for maybe another late night.
41:34So I'm sure I may have other questions, but thank you, Chief.
41:38Chairman, I'll yield.
41:39Thank you.
41:40Thank you very much, Councilor.
41:41Let, let the record show that Councilor of Ward 3, Councilor Oliver, and City Council President Ferreira has joined us.
41:48Councilor Oliver.
41:50Thank you, Mr.
41:51Chair.
41:51Thank you, Chief.
41:52Um, just to reiterate some things, uh, the, the free rein that a colleague of mine, uh, alluded to, that was— that is no longer— it's suspended, but that's no longer a practice, right?
42:03Yeah, I mean, even, you know, like I said, I think, um, you know, I could have put out my version of a, of a policy with the changes that I thought were a good idea, but I don't know if that's not just kind of repeating, you know, what, what we did initially.
42:18So the, the ideas that I put out there are suggestions, and this is the time for people to make additional suggestions.
42:24I'm getting some from internal, from the police department, getting some from, you know, the, from the public.
42:31But there is no chance that, that this technology would ever come back here under the same conditions as it left.
42:37You know, from restricting the number of people, I don't think we need 100 officers out there.
42:43With usernames and passwords to access this system when, like I said last night, we have a 24/7 dispatch system where we can kind of access that, right?
42:50So limiting the number of people makes the audits easier and, and, and makes the chances for misuse much less.
42:58So there's a lot of changes that have to be made.
43:02Hopefully the ones I suggested and hopefully some additional ones.
43:05Yeah.
43:05Okay, good.
43:06So there's no intention of ever going back to everybody gets a username and password.
43:10Correct.
43:11That's good.
43:12How restrictive are you really looking to make it?
43:15I know that we were talking about sergeants and lieutenants maybe, or— Yeah, I mean, listen, I think it's a good tool for detectives.
43:23Again, the, the, you know, the average, you know, patrol officer out there, it's a tool for them too.
43:28But, but they can access those searches through dispatch, through the supervisor.
43:33That's it.
43:33We constantly have a supervisor in dispatch that could kind of manage that.
43:38You know, again, it's, it's an important tool that, that I have to be, and I think we as a law enforcement community have to be flexible with about what restrictions go into place.
43:48You know, it's— we're not really in a position to draw a line in the sand and take a hardline stance here.
43:53This system's been abused here and other places.
43:56So, I mean, my recommendation is, is reasonable suspicion, because I think, you know, if you can stop somebody and do, you know, do a pat-down, do a Terry stop, Um, that that'd be a good standard to be able to use this technology based on how intrusive or non-intrusive it is.
44:11If we have to raise that to a probable cause standard because that's where we find common ground, then we do that.
44:17Um, but the bottom line is that, you know, when we need to break the glass and we really need to find a car, uh, what's important to me is that we have this resource.
44:25And also what's important to me is that the public believes that their information is is safe.
44:31How, um, with the misuse, you talked about that.
44:34We, we know that there has been some documented misuse.
44:37How does the, the department, your department, look to continue to handle misuse?
44:42Is it a no tolerance?
44:44What are we, what are we looking at as far as disciplinary action?
44:48I mean, every, every specific case, uh, you know, has facts behind, behind the case, right?
44:54So in, in the, in the era of like using law enforcement information for public or for private gain, my policy is zero tolerance.
45:05I'm a recommender here.
45:06It's a term I wish I knew before I signed on.
45:10A weak chief.
45:10I don't necessarily like that term.
45:13I wasn't that in Connecticut.
45:14In Connecticut, I hired, I fired, like I had that control.
45:17And obviously I answered to a mayor.
45:18But, but here, anything over a 5-day suspension suspension goes, my recommendation goes to the mayor, right?
45:24But when it comes to using law enforcement technology that we exclusively have access to to do this public safety job, that's a big trust issue for me.
45:31Violations of that, if you're using it for personal gain, that is a zero tolerance for me.
45:37That's just how I see it.
45:39And vendors like Flock and others, they— I mean, we might have like retention Do they have retention, um, guidelines in place, or do they keep that information forever?
45:52Do you know?
45:52Well, so that's something that we have to look at in the contract.
45:55Like, my question is, like, okay, if we say it deletes after 7 days or 14 days, right?
46:00Um, from everything that I can, that I can tell, that's what happens, right?
46:05Um, but I think we have to make sure of that in the con— in the legal contract that we have with them.
46:11And that's going to be a matter of— and that's where this working group would come in handy would be to sit down and go through those contracts and the different vendors and what they promise and what they don't and what they say about where the data goes and who gets to see it.
46:24I think that's all really important.
46:26I'm kind of intentionally not going out and doing that on my own because I think, you know, that we should have an inclusive process to do that.
46:34And you have— you've said here in multiple places that you think you feel that this is a technology that is beneficial, but with great, you know, power comes great responsibility.
46:49And I, I, I just don't— yeah, I just don't want to just throw it all away.
46:58I think we can operate in a manner in which we can find an operable middle ground.
47:05Where we are respecting the privacy of our residents and making our city safer.
47:11Do you agree?
47:12Yeah.
47:12Like I said, I mean, that's my goal.
47:14You know, I do see this as a tool that, that is, that is solving significant crimes and finding endangered people and doing things that are great.
47:24It is also a privacy concern.
47:27So as, as much as I can, that's my goal, is to strike that balance.
47:31But as in the position that I'm in, Ensuring public safety when it comes to crime and disorder and things like that is one of my key responsibilities.
47:41Right.
47:41So also civil liberties and protecting constitutional rights.
47:45So I'm right there in the middle.
47:47If I didn't think that we could implement this with checks and balances that would work, I wouldn't— I wouldn't recommend implementing it.
47:55I don't think we have explored that either here or even nationally.
48:00To look at what those kind of restrictions would do.
48:03Um, there are other technologies that have far more vital information, CJIS and things like that, um, that have safeguards that have worked for many years that have not seen abuse like this because there is better guidelines, better guardrails, more, you know, more, more, uh, stricter, uh, punishments, I guess, for lack of a better term.
48:23Um, so I, I do think that it's, it's at least worth us trying to do that.
48:28Okay, well, thank you for your, your willingness to continue to, uh, workshop what, if any, um, this technology is going to look like in the city of New Bedford.
48:37Uh, right now I yield, Mr.
48:38Chair.
48:39Thank you.
48:40Thank you, Chief.
48:40Thank you.
48:41Thank you very much, Councilor.
48:42Let the record show that Councilor Baptiste from Ward 4 has joined us here.
48:48I'm looking at, um, Councilor Pereira.
48:52Thank you, Mr. Chairman.
48:53Chief, So I apologize.
48:55I was listening on my way in, but I apologize for my lateness.
49:00A few questions that I don't believe were asked yet from what I was listening to.
49:06So you kind of alluded to part of it, but— and this might be a question that we have to continue to investigate, but how do we monitor Flock or another company to make sure that they're holding their end of the contract?
49:20And there isn't, um, any— anything on their end behind the scenes, uh, not fulfilling their part?
49:27It's a difficult question because it's their system.
49:29I get that.
49:30It is, because I think we've got to really sit down, you know, if— again, if, if that's the direction that we're looking to go, I think we have to sit down with them.
49:38And that's a, that's a good opportunity to, to Councilor Burgos' point, to bring in IT to find out, like, what, what What does auditing the company look like?
49:49And, you know, they have said that, you know, and they did design a public-facing reporting tool, you know, but this is a technology company.
49:59And I know there's a lot of distrust in technology companies.
50:02And there's, you know, there is risks associated with gathering information and having it in a cloud or in a technology format.
50:10But I think we have to look into what that looks like.
50:12How do we audit them to make sure they're doing what they say they're going to do and make sure that data is not going Um, anywhere else.
50:17The other thing too is that, you know, if your data is going other places and suddenly you have, you know, for example, I know one of the concerns is federal agencies, right?
50:25If you suddenly have federal agencies that are knocking on your door looking for certain license plates, you know, that might be a clue.
50:30Um, so I think we've just got to be really, you know, uh, really diligent about keeping our eyes on that and making sure that we're contracting with companies that over time have shown that they can be trusted, you know, with what's going on right now.
50:43I'm not convinced that Flock is that company, but I'm certainly willing to, you know, sit down and look at it.
50:48Yeah, I definitely have concerns.
50:51You know, obviously, I think most people would have concerns with the selling of data to other companies.
50:57That happens, you know, with any technology.
51:00And I think from social media, Facebook and Meta, and to iPhone, to Apple products, or Samsung products and the reselling of our private data, I think, is a concern we share across the board with every data that— with every technology that we have.
51:15So I think in this case, you know, it's very important to ensure that, you know, they're being used properly.
51:22And I think you share that with me.
51:24What do you see as a timeline for developing a working group, create— starting to create policy, and implementation of any of these policies?
51:34Outside of any, any ordinance that might get passed.
51:37But what is your timeline going into the original plans that you shared?
51:41So the, so the forward-facing questions to get public input were intended to be left up until Friday, until this Friday, for so— for a full week.
51:50We'll see what those responses look like, may extend that.
51:54Already started to think about and discuss, you know, who we might want to see on the working group, members of council, you know, representatives from both the business community, residents, members of the police department.
52:05I think it's important that they have a voice in this too.
52:08They're the ones that, you know, are using this technology and have experience in the use of it.
52:13I don't use FLOC.
52:14I've never run a search on it.
52:16It's just not— I don't have time to do that.
52:20But, you know, I think that there's got to be some conversations about that too and who's on this.
52:24You know, you don't want to make such a cumbersome working group that we don't get anything done, but you want a good— you want a good representation.
52:30Yeah.
52:31So, oh, so, so like, you know, I would say, you know, there's— this is also a process that's going on too that's kind of key to like what we do.
52:39So, you know, part of it is, is kind of this evolution and seeing what, you know, last night was for me good information to see the, you know, the back and forth and who's for it and why.
52:50And like listening to that is important too.
52:52So, you know, I'm hoping— I mean, like I said, I'm hoping that we can figure this out within, you know, 1 to 2 months, I think, is reasonable.
53:01Um, you know, again, we have, um, you know, it is a tool that is suspended.
53:06Um, and, you know, my goal would be to get it useful as soon as I can, but not rush it.
53:12As has already been mentioned by several people here, we don't want to get it wrong again either.
53:17Um, so I would say 1 to 2 months is a reasonable time— time frame.
53:21Okay.
53:22In, in Right now, let's just use right now as an example.
53:27Things might change as you develop policy internally and ordinances that might get drafted.
53:32But right now, who would conduct or who did conduct the audit of the system previously?
53:37Who would— what is there a division in the department that would conduct that?
53:41Professional Standards Unit is the one that's doing the current audit.
53:44And I think they're really doing an impressive job, you know, from When you look at a 110-page internal affairs investigation, the fact that they had to find that misconduct in an audit, and I think it was 31 or 32 days from the day I ordered the audit till the day we announced, you know, discipline, recommended discipline.
54:05I mean, that's a pretty, that's a pretty aggressive timeline.
54:07They've really been doing an incredible job of the business that, you know, and I think they recognize it's important.
54:14So I think that's why they're, I think that's why they're, they're they're so, they're so dedicated to it.
54:18But they're the ones that do it.
54:20Okay.
54:20Do you believe that the Professional Standards Division has the capacity to continuously audit moving forward?
54:28Yes, with all the restrictions that I said.
54:31Minimal— without 100 people running plates, without, you know, without— with, with a reasonable standard threshold, right?
54:39So you're not gonna get your— somebody pulls a car over and just runs it as a matter of course.
54:45You know, was that lawful up to the point when I, when I shut it off, it was.
54:50Is that the best use of the system?
54:51It's not.
54:51So I definitely think that they will be able to do the audits on a monthly basis once we restrict the use of the technology.
55:00Okay.
55:01And then another question I have is, do you know, is there any precedent to having an outside organization like the District Attorney's Office also assisting in quarterly audits or or something to further— a civilian organization like the DA's office to assist the department in further investigations?
55:24I don't know of that ever happening on a technology audit like this.
55:27I've brought them in for property room audits to audit your evidence to make sure that there's nothing missing and that everything's there.
55:34So there is precedent to have outside entities come in and audit, whether those be other law enforcement agencies.
55:40Again, I've seen the DA, I've seen the state police, I've seen those.
55:43Or if there's, you know, an independent auditor, um, you know, and I think that, again, I think that using, looking, having them come in and look at the monthly audits done by professional standards units and then having them maybe do like, you know, an arbitrary pull of 50 or 25 searches would be a good yearly or even maybe biannually, uh, thing to do.
56:04We just got to identify who we have trust in to do that.
56:07Exactly, exactly.
56:08But so Maybe not technology-specific, but stuff like that has occurred with state police or DA or something?
56:13Yes.
56:13Okay.
56:14And then, um, in regards to your results from the questions that you're receiving, um, from the public that you might extend, but the deadline right now is Friday, are you planning on compiling that and making those results public?
56:26Yes.
56:27Okay.
56:27Yep.
56:28All right, very good.
56:29Thank you, Chief.
56:29Thank you, Mr. Chairman.
56:32Thank you, Councilor.
56:33Um, I want to remind everyone there is no hats worn in the chambers, so I'm going to ask you to remove your hat.
56:39Or you can leave the chambers.
56:42Thank you very much.
56:45Councillor Roy.
56:46Thanks, Mr.
56:47Chair.
56:48Hi, Chief.
56:48Good evening.
56:49How you doing?
56:51Um, we, I, we had asked as a full council, I think it was a motion by the council from Ward 1, for you, for the city or for the police department to wrap black bags around the flog cameras because there's a public trust issue with the vendor.
57:05Has that hasn't occurred?
57:06No, we, we reached out to Flock again.
57:10This is a company that's being inundated with a lot of questions and issues about covering the technology.
57:17It's leased, but they have not been able to kind of get out there and do anything like that.
57:24They have given us permission to do it, and we have subsequently taken 2 of the Flock stationary ALPR cameras down and Oh yeah, and those 2 were cameras that we had— even if we reimplement the system, those are cameras that we would not put back up in the same place.
57:41One was just far too close to a residence, and one was on private property.
57:45I don't think they should be on private property either.
57:47So 2 of them have been taken down.
57:49Flock has given us the permission to wrap them in bags.
57:53I also have Professional Standards Unit— remember, the entire system is shut down.
57:57However, Professional Standards has access to the system.
58:00Not— it's not running any plates, not doing anything, so that they can conduct their audit.
58:04They have to be able to see the data to conduct the audit.
58:08So we have had them intermittently check to see if they can see anything.
58:13If they can— if the plate is pulling anything in, you can see that, and there's nothing there.
58:18So that's why— so that's why you're not covering up, because the auditors need to, and the investigators?
58:22No, no.
58:23That's not what I said.
58:23Nope, that's not what I said.
58:25We reached out to Flock about covering them up.
58:27Yep.
58:28Flock is not going to be able to come and do that in a timely manner.
58:31So we did get permission that we can cover them up ourselves, which, which we can do.
58:36But we've got to coordinate that.
58:38Like, do I have a, you know, deputy chief climb up on a ladder?
58:42I mean, we've got to coordinate with DPI and, and things like that.
58:46So that's not something I have a problem doing.
58:49You know, but again, you mentioned you took 2 cameras down as well.
58:52Yes.
58:53Um, one of the cameras you took down was on Rockdale.
58:56Yes, near Allen Street.
58:58Just a coincidence that's in— that it's in front of the lead organizer for all the folks here that have been rallying?
59:05It's not a coincidence.
59:06It was this— one of the spear— one of the initial complaints I got was from that individual about that house and how close the camera was.
59:14To that house.
59:15I went out there and it is, it is obnoxiously close to the front door of the house.
59:20Whether this technology looks at the house, it doesn't.
59:23It's pointed out into the street because that's where it gets the license plate information from.
59:28But I think it was a valid concern.
59:29So that was a camera that was going to be moved regardless of how this shakes out.
59:34If the camera goes back up, it'll go back up somewhere else.
59:37We looked at the other stationary FLIR cameras and one was on private property.
59:42That one was also taken down because it won't remain on private property even if we were to reinstitute it.
59:48None of our cameras are on private property besides that one.
59:50That was the only camera— the flock cameras?
59:52No, I've seen flock cameras on like in big box, uh, you know, parking.
59:56Those aren't ours.
59:57Not obviously, we don't have any big really big box stores, but outside of New Bedford, and I was just curious if we have any, um, arrangements with private property owners.
1:00:06Okay.
1:00:07Um, How did we find the anomalies in the anomalous searches?
1:00:15How did we find, you know, some of these— that some of these searches, you know, were irregular?
1:00:23So for the 2026 data, we had the audit assistance tool that pointed us to any anomalies that it detected.
1:00:30And it was very good.
1:00:31It was very accurate.
1:00:32It's the one that pointed us to the 2 areas of misconduct.
1:00:35It's the Flock.
1:00:36It's the Flock tool.
1:00:36It's correct.
1:00:37It's an audit assistance tool within Flock, and it has all kinds of ways, whether it's, you know, a detective that's running, you know, motor vehicle searches, which would normally be done by a patrol officer, whether it's a patrol officer running a, you know, a robbery homicide search, which would normally be done by a detective, whether it's repeated searches of the same plate.
1:00:58I don't, I don't pretend to understand the technology.
1:01:01What I know is it gave us 83 anomalies just for the 2026 data that we then went in and individually looked at.
1:01:11And we're, and we're still doing that audit because prior to 2026 and 2025 and the end of 2024, it is a fully manual audit.
1:01:19We are looking at every search.
1:01:21So we're not going to rely strictly on the company to— No, no.
1:01:24But that, but that tool was very helpful, I will say.
1:01:30Um, I'm fine for now.
1:01:32Thank you, Mr.
1:01:32Chair.
1:01:32Thank you, Councilor Carney.
1:01:38Thank you, Mr.
1:01:39Chair.
1:01:40Um, thank you, Chief, for coming again tonight.
1:01:43Um, uh, I just want to say that, um, our council president asked the questions that I wanted to ask him— ask you about, which was the policy and how far in the working group, and you answered all those questions.
1:01:56So, um, I think that's it.
1:01:58Um, and I just want to thank you for the due diligence that you're doing with the working group and with the community and getting this together.
1:02:06You've already given me the timeline, which I was looking for.
1:02:09And also, you did state that this is a valuable tool to the police department.
1:02:15Yes, once we vet it and make sure everything's right.
1:02:19And also that on the 12th, after the 12th, when Flock's gone, the contract, then you're going to put this working group together and look at other license plate reader technology companies?
1:02:31Yeah, I hope to put the working group together ahead of that and just start looking at what's out there.
1:02:37You know, we, by then, we will, I will have the, you know, the, all of the concerns that we've gathered, all the information that I've gathered from the the public meeting, from, you know, listening here, from talking to people in the community.
1:02:50You know, it's like this is a pretty small city.
1:02:52I run into a lot of people and the first thing I get asked is like, hey, what about that flock camera?
1:02:56You know, my neighbors, my neighbors come over and I have, I have a doorbell camera.
1:03:01So, you know, my neighbor who's an elderly gentleman said, is that one of those flock cameras?
1:03:06No, it's just a doorbell camera.
1:03:08But so I think, you know, bringing all that information to the working group is going to be important.
1:03:13But I think we can start doing that work before the contract expires.
1:03:16Yeah.
1:03:17How many such companies do you know are out there?
1:03:21I mean, the— like I said, in Hartford we had ReCore.
1:03:24That one I'm familiar with.
1:03:25I know Motorola does LPR.
1:03:27I know Axon does LPR.
1:03:30Obviously Flock.
1:03:31You know, Flock was one of these kind of up-and-coming companies I do kind of vaguely remember because we were building up our real-time crime center in Hartford when they kind of came around and they were They were a company that kind of went out there and said, hey, if you test our system, we'll give it to you for free for a year.
1:03:47That's how they ended up a pretty big company in a pretty short period of time.
1:03:51And that's how a lot of companies do it.
1:03:53Like, hey, if you're willing to take a risk, and then if you like it, just pay us the subscription fee.
1:03:59And that's how a lot of these technology companies get in the door.
1:04:02And like I said in the opening, if it's an emerging technology, if it's a technology you don't know much about, I don't know if you know about BolaWrap, right?
1:04:10BolaWrap was this like Spider-Man-like thing that you, you, if somebody was running away from you, it was almost like a taser and you'd shoot it at their leg and it fired out this like wire that would wrap around their legs and trip them and knock them on the ground.
1:04:24And they came to the Hartford Police Department.
1:04:26I was the chief at the time and they showed us this thing and I'm like, there's just no way.
1:04:29Like, and sure enough, that's a technology that didn't really take off.
1:04:33There's tech and, and though it It takes police departments, though, to look at it and say, you know what, we'll test and evaluate it and then no thanks.
1:04:41Or we'll test and evaluate it and we see a usefulness but change it.
1:04:43Or we'll test and evaluate it and, and it's great.
1:04:47You know, there's those ones that kind of shoot out things to stop pursuit, stop vehicle pursuits, right?
1:04:52It goes in and like grabs a hold of the tires.
1:04:56You know, there's a lot of people out there, entrepreneurs that are trying to, you know, they're trying to make money.
1:05:00You know, making either law enforcement safer.
1:05:03I mean, look at Axon, from, from there and invent— inventing the taser to now the body cameras.
1:05:08So I don't know every company out there, but I think it's a good— it's a good thing for us to explore.
1:05:12Right.
1:05:13So you will be inviting IT into this so they can review the technology, whatever?
1:05:17That's great.
1:05:18So I know that all of us are here for public safety and the safety of our residents, and we also want to maintain the privacy of So thank you again for the due diligence.
1:05:27My questions have been answered, and I'll yield.
1:05:31Thank you very much, Councilor Carney.
1:05:33Councilor Baptiste.
1:05:34Thank you.
1:05:36Part of my tardiness, had some other things that was personal stuff I had to do today.
1:05:41Sorry.
1:05:4211/12, the ordinance is up.
1:05:44Do you plan on renewing it before then?
1:05:47No.
1:05:47I mean, not the ordinance, the contract.
1:05:49I know what you mean.
1:05:49The contract.
1:05:50Are you?
1:05:50No.
1:05:51No.
1:05:51All right.
1:05:51So, and the audit company, who was the audit company again that you said that did the previous audit that you had?
1:05:59So the audit assistance tool that's helping with the current audit is within the FLOC infrastructure.
1:06:06So it is from FLOC.
1:06:08If the audit from the outside that I referenced before was like the district attorney's office and like the state police that could come in and do like an independent audit, I don't know of a company that But you said you had an ongoing audit right now.
1:06:20Professional standards within the department is doing that audit.
1:06:23All right.
1:06:23And who ordered that?
1:06:24Me.
1:06:25All right.
1:06:25I just wanted to make sure who's doing that.
1:06:27So, and you don't have no plan on renewing the contract with Flock as of right now?
1:06:32No.
1:06:32And like I said, even if we did come to a consensus that this is the right technology and that, you know, that we would, we would need to put more safeguards in that contract.
1:06:42So in its current form, I would never renew it.
1:06:44No.
1:06:44So just because you wouldn't renew it, could the mayor renew it?
1:06:48Oh, I don't know.
1:06:49That's a legal question.
1:06:50I don't want to throw Eric Jakes under the bus, but usually most of those contracts I have to sign and then the mayor has to sign.
1:06:59So I don't have an answer to that one.
1:07:01I just— because I know that he can, you know what I'm saying?
1:07:04He has a little bit of— I can tell you, I guess he has a little bit of power, right, in the city?
1:07:08I mean, he is my boss, but I can tell you that in all my conversations with him, you know, we're We're on the same page.
1:07:14He's, he's been, uh, you know, receptive to everything from me shutting it down to me putting out the, you know, the, the public working group to all those things.
1:07:23Um, you know, he hired me to do a job and, and I've had nothing but, but support from him at this point.
1:07:28So I don't know what he can and can't do.
1:07:30I just, I don't see that happening.
1:07:32Well, at least he sees eye to eye with somebody because he don't work with anybody in this room.
1:07:36So that— I yield.
1:07:40Thank you very much, Councilor.
1:07:41Anyone else on there first?
1:07:44Seeing none, Councilor Bergl.
1:07:47Thank you.
1:07:48Uh, we don't need to call up Solicitor Jakes.
1:07:50I'll answer for you, and I'll answer for him.
1:07:52Um, the mayor signs the contracts.
1:07:55He, he's the mayor.
1:07:56And as you pointed out, a new term that you learned, just like strong mayor, weak council format, strong mayor, weak chief format.
1:08:04So I will answer for you.
1:08:05You will not sign that contract.
1:08:07He can and will do that if he sees fit and he chooses to do so.
1:08:11And that's why I want to bring that up and mention that publicly for my colleagues who keep mentioning that this— there's no urgency for why we need to put these safeguards in place for an administration that will tell you that this is a weak chief when we know he's not a weak chief, just like we know this is not a weak council.
1:08:28And I know that, you know, you're not a weak chief.
1:08:30And again, I'll reiterate, you're doing great work.
1:08:33And I want to make sure that this is why we need to make sure that these safeguards are not just something we talk about, but is in writing.
1:08:40Because someone who likes to talk about how strong they are, they have to prove how strong they are unless they're held accountable.
1:08:48And that's why we need to put something in writing.
1:08:51I just want to reiterate that.
1:08:53That's all.
1:08:53Thank you, Mr. Chairman.
1:08:55Thank you, Councillor.
1:08:56Councillor Abramowicz, second.
1:08:57Thank you, Mr. Chairman.
1:08:58Chief, does Flock know they're in trouble with us?
1:09:01That's an interesting way of putting it.
1:09:04They're on notice, you know, from us asking to cover them, to asking it from us, asking them to take them down.
1:09:10They— and they up to this point, with the exception of not being able to get here, they did come to the, you know, the public forum that was a little bit earlier.
1:09:20You know, I listen, it's not hard to see that they're taking a lot of— they have to deal with a lot right now.
1:09:25And they're not any bigger a company today as they were before.
1:09:28Um, so I would say that they, they know that, they know that they've got issues in a lot of places, including here.
1:09:33Yeah.
1:09:33I would assume they have retention specialists on the case, right?
1:09:37Hey, what can we do to keep you around?
1:09:39And we'll give you a special deal on the contract and we'll hook you up and special pricing, right?
1:09:44Things like that.
1:09:45I mean, I, I've dealt with a lot of vendors and I will only say that, you know, they are not, um, they have really never been a pain in the neck vendor to deal with.
1:09:53Um, they're fairly, they're fairly open.
1:09:55This audit tool they didn't develop overnight.
1:09:57Um, they had— they were— they had that, you know, it was already developed in June.
1:10:02They showed us how to use it, you know, to a degree.
1:10:04You know, they've certainly been helpful in, in some of— in all the questions that we've had anyway.
1:10:08All right, Chief, thank you.
1:10:09Thank you, Chairman.
1:10:11Thank you, Councilor.
1:10:12Anyone else on this second?
1:10:15Any objection?
1:10:16Uh, sorry, Councilor Oliver.
1:10:18Thank you.
1:10:20Thank you, Chairman.
1:10:21Uh, Chief Doty, I think it was mentioned last night night, uh, but I don't think there was a direct ask.
1:10:26It was, um, it was you were going to look over the ordinance.
1:10:31Um, is, is there a way that you could provide this body with kind of like your synopsis of that?
1:10:37Yeah, that was my plan.
1:10:39I've sent, I've sent you folks a few emails.
1:10:40I just wanted to put that on the record because it wasn't a direct ask.
1:10:44No, but that was my plan, was to kind of go through it and, you know, um, you know, give you, give you kind of what I thought.
1:10:49And you're still good with 7 days or 6 days now or whatever it is?
1:10:53Yeah, I think I said a week, but I think Council President said the 24th, so I may take advantage of an extension.
1:10:59We'll see, it depends on the weekend goes.
1:11:01Well, there's, there's some folks that think that there's this burning urgency, so if you could get it as soon as possible.
1:11:06I, I will.
1:11:07Thank you.
1:11:07It is unfortunately, it is tops on my list.
1:11:10Thank you, that's all.
1:11:12Thank you, Councilor.
1:11:12Anyone else on this second?
1:11:15Seeing none, any objection from the chair?
1:11:19Thank you, Chief.
1:11:21Again, thank you for being here.
1:11:23You've taken some intense questioning from my colleagues.
1:11:27My intention was to bring you in here to address this issue.
1:11:31You weren't here when FLOC was instituted, but I also knew that this was a tool that was used by the department and by many departments in solving crime.
1:11:40And as Public Safety Chair, I had to take that— I didn't have to, but I took the position of I wanted to hear about what was going to be put in place, how we were going to protect the civil rights of everyone that had concerns, how we were going to protect this department so that we could use this tool as a tool to solve crime.
1:12:00Can you tell me, um, at this point you have not put together a rank and file that would be followed to use this at this point?
1:12:12At this point, if I was in one of your offices and I needed to use that FLOCK system because of some crime or whatever, who do I go through at this point?
1:12:22Right now?
1:12:23Right now, the FLOCK system is not active.
1:12:26So if it was, who would you have going through?
1:12:29So again, I think that's something that this working group would look at and that we would look at.
1:12:33But my, you know, my initial thoughts are on a 24/7 basis, something out of our communications division, whether those are the supervisors.
1:12:42We always have a supervisor in communications that would have access to that.
1:12:45Our investigative team, our sergeants, lieutenant in, in the detective division.
1:12:51Um, but, you know, but I think it would be significantly limited.
1:12:55How big of a working group are you looking to put together, sir?
1:12:59I mean, it's, it's not exact.
1:13:00I mean, we're— I'm bouncing ideas off of people of, of who might be good to have on there that we'd want to hear.
1:13:05Again, I'd like to see, uh, some, some, you know, just members of the community.
1:13:09I'd like to see business owner.
1:13:11I'd like to see members of the department.
1:13:13I'd like to see somebody or a couple of people from council.
1:13:16I would like— as public safety chair, I would like to see at least a couple of my colleagues on there.
1:13:21Yeah.
1:13:22I mean, I think, I think the, you know, the working group they put together for the chiefs process was, was representative of a lot of different folks.
1:13:28I mean, something similar to that, I guess, if I was going to put a comparison to it.
1:13:33I guess it's premature to ask what I'm— I was looking for.
1:13:38Seeing that you're going to put this working group together, because basically I was calling you in here to put a policy and procedure together to address this issue.
1:13:46So the concerns that were coming from the general public, the concerns that may be coming from my colleagues or whatever, was to put something together that we could go to the books and, and this would be controlled.
1:13:58Again, I don't— I believe that technology has to be recognized in this day and age.
1:14:04As far as police work and public safety.
1:14:07At the same time, we want to protect the people, but people also have to know that once you leave the front door, that is a public view anywhere.
1:14:17I had a situation back— God bless his soul— Sergeant Silva was taking pictures on the corner of Grinnell and Purchase Street, and I had a mom call me up and tell me, what is that officer doing, and he has no right to do that.
1:14:30And I had to tell her, yes, he does have the right to do that.
1:14:33Your son is in public view.
1:14:35Once you step out your front door, you're in public view.
1:14:38Any camera can pick you up, just as it picks us up in the shopping centers or whatever.
1:14:42So I think that at this point, it'd be premature to ask you.
1:14:47My intentions were to do exactly what you're doing, exactly what you're doing, putting it together, putting rules and regulations, policies and procedures together.
1:14:56That would be followed throughout the department.
1:14:58And I appreciate that.
1:15:00And what we'll do, if there is no further questions from my colleagues, if there's no questions from Attorney Jake, I will yield the floor at the moment and, um, and take any questions from— if you have any questions from legal counsel.
1:15:16But I, I feel that there's no further we could go tonight because we don't have a plan of action, exactly what I was looking looking for, yet you haven't done that.
1:15:24And thank you for not rushing that.
1:15:26You could have rushed that and put something together that could appease some people and not the others.
1:15:32I appreciate what you're doing, and what I'll look to do is table this evening and bring you back when we're ready to address the issue again and give the information that at least I was looking for.
1:15:43Is there any questions further of the chief?
1:15:49Seeing none, do you have any questions of legal counsel from the city?
1:15:54Councilor Abril, you had your hand up.
1:15:56Yeah, yes, Mr. Chairman, not of legal counsel but of someone from the New Bedford Police Union leadership.
1:16:01But I'll yield if someone has a question for Mr. Jakes first.
1:16:05But is there any questions for Attorney Jake?
1:16:10Seeing none, Councilor Abril.
1:16:12Lorenzo or Tony or somebody?
1:16:16Thank you, Chief.
1:16:21Good evening, sir.
1:16:22Just for the record, your name?
1:16:23Yes, sir.
1:16:24Lorenzo Gonzalez.
1:16:26Councilor.
1:16:27Thank you, Mr. Chairman.
1:16:28Good evening, Officer Gonzalez.
1:16:30Good to see you again.
1:16:32Um, I had, I had raised this point on the council floor a few weeks ago.
1:16:37I had asked it of the chief last night, but I wanted to get your response as the head of the New Bedford Police Union.
1:16:44With the increase in technology and cameras and everything of the sort, do you from a labor perspective have concerns of what that's going to do?
1:16:53Maybe not today, but maybe 10, 15, 20 years from now as technology gets better and better and better and increases more and more and more.
1:17:01What does that do to manpower for the rank and file of the men and women that you represent?
1:17:05I mean, because Let's face it, you don't pay health benefits for a robot or for a camera or machine.
1:17:10You don't pay pension credits to a pension system for a robot or machine.
1:17:14You don't pay salaries and wages for a robot or machine.
1:17:16So I'd like to get your thought on that.
1:17:18I would think you would have some concerns.
1:17:20Okay, that's a valid point, but I will allude to what Chief Soto said earlier, where, for example, the flock camera system utilizes photographs of vehicles, photographs license plate, things of that nature.
1:17:32At the end of the day, you still are going to need that human element in order to further investigate whether that vehicle was involved, whether the person in the photo was involved in that incident.
1:17:43You know, we can't just simply rely on the cameras per se.
1:17:48You still have to follow up with an investigative follow-through where that would require the human element to further on that investigation to determine whether that vehicle or person was or was not in fact involved in the incident.
1:18:00I get the investigative piece, that makes total sense.
1:18:03I'm referring to, alluding to the patrolling aspect, community policing, being in the neighborhoods.
1:18:09Do you see any concerns about that?
1:18:10Maybe not today, but let's— I mean, you might not be here at that point, I might not be in this room at that point, but let's think 15, 20, 25 years from now as technology gets better and better.
1:18:20This could just be the tip of the iceberg, maybe.
1:18:22I don't know.
1:18:23I I'm asking you for a little bit of a crystal ball here, and I know that's unfair, but I'd like to get your thoughts on, on the patrolling aspect, maybe, or what that could mean.
1:18:32As far as the patrolling aspect of it, I don't know.
1:18:37You know, obviously I don't want to speak to 20 years from now.
1:18:40I know we've all seen various different sci-fi movies where in the future now you've got robotics taking care of policing, things of that nature.
1:18:49I don't— well, there are prototypes out there now because Again, at the end of the day, a computer cannot think, cannot react, cannot process the way a human being does.
1:19:01You know, computers are not going to be able to process emotions, process different things.
1:19:06To reach out to the community, you still need that person-to-person contact.
1:19:10You still have to have that element.
1:19:12If you lose that, I think that is where you could begin to lose the trust of the community, the trust of the department, and that relationship.
1:19:20That, you know, has been built over the course of many years.
1:19:23Well, I agree with you.
1:19:26You know how I feel and we feel about what's going on with the minimum manning and the staffing, and you're losing men and women literally by the week.
1:19:34And that's for another day.
1:19:35But obviously you can't beat an actual human being.
1:19:39And we agree on that.
1:19:39And I agree on that.
1:19:41And that was all I wanted to ask you about, to see what your thoughts were, because I had my, my thoughts.
1:19:46I've spoken with some folks.
1:19:47I asked the chief his opinion, but I wanted to get your thought as the leader of the union.
1:19:52So, but keep up the great work, Lorenzo.
1:19:54Thank you for all that you do.
1:19:55I appreciate it, sir.
1:19:56Thank you, sir.
1:19:57Thank you, Chairman.
1:19:58Thank you, Councilor Abreu.
1:19:59Any other questions of the union?
1:20:01Seeing none, thank you.
1:20:05A motion is tabled, but before I do that, I would like to, um, remind you that, um, We'll do this as soon as, um, the chief has his plan all put together, and I'll bring him back.
1:20:20Um, Councilor Bergl, do you have a problem with that?
1:20:23We took both issues up together.
1:20:25When I do call another public safety meeting, I will put both items on the agenda again and look more importantly to get FLOC in here.
1:20:35I still have some questions for FLOC, and they're not here tonight, and we get an explanation why they're not here.
1:20:42Um, wish they were here so we could ask some of them questions, but they're not here.
1:20:46So that, that being said, I would look for a motion to table at this time.
1:20:51So moved by Councilor Bergl, seconded by Councilor Roy.
1:20:54Anyone on the question?
1:20:56Seeing none, all in favor?
1:20:58Opposed?
1:20:58The ayes have it.
1:20:59Ladies and gentlemen, members of the police department, Deputy Chief, Chief, City Solicitor, thank you very much.
1:21:05The general public Thank you for your kind patience.
1:21:09Motion to adjourn.
1:21:10I'm in a hurry.
1:21:11Motion to adjourn, Councilor Avril, seconded by Councilor Roy.
1:21:15All in favor?
1:21:16Opposed?
1:21:17The ayes have it.
1:21:18This meeting is adjourned at 8:21.