Berkeley Police Accountability Board Takes Up Flock Systems and Active Investigation Impartiality

Among the matters brought up at their September 3rd meeting, the Berkeley Police Accountability Board (PAB) discussed whether or not to comment on two recommendations included in staff reports from the Office of the Director of Police Accountability (ODPA). These recommendations were submitted to the City Council in order to be presented at its meeting on September 30. They had been included in a previous ODPA report that supplemented the PAB’s investigation into the Berkeley Police Department texting scandal from November of 2022.

The first recommendation was to call on the California State Legislature to change Government Code Section 12519 in order to permit civilian oversight agencies to ask for assistance from the Attorney General’s Office during investigations. After some debate, the board members decided not to move to affirmatively support this recommendation.

The second recommendation was to instruct the City Manager to collaborate with the City Attorney’s Office to create a clear communications policy, as well as necessary training, in an effort to remain impartial during ongoing personnel investigations. According to the Office of the Director of Police Accountability, there had been previous incidents where senior city officials had made public comments about active investigations, raising concern about potentially undermining the neutrality and integrity of the investigation. The PAB board members then voted to support this recommendation.

Finally, the PAB board members reviewed a draft of a letter written by PAB chair Josh Cayetano to be sent to Mayor Adena Ishii and the City Council. The letter requested that the City pause further action on a possible contract with Flock Safety, a company that manufactures surveillance systems. Due to concerns that Flock could share data access with federal law enforcement, the letter suggested that the City work with a different vendor. Several cities in Texas, Illinois, and Colorado have cancelled their contracts with Flock, and Berkeley community members have expressed worries over a possible contract with the company. After multiple board members suggested adding a footnote specifying which jurisdictions have cancelled contracts with Flock, a motion to approve the letter with modifications was carried.

–Lucy Still