The Mountlake Terrace City Council during its May 15 meeting tabled a vote on the Flock security system, citing the mayor’s excused absence and online comments.

Initially discussed during the March 27 council meeting, the Flock system will take pictures of a vehicle’s rear license plate. Per policy, it is only accessible by the department if there is an active case that requires locating a vehicle. It is not designed to track a vehicle or person and does not include facial recognition capabilities.

Also, the city is not purchasing the highly controversial gunshot detection system, which uses microphones to detect and locate gunfire. It is believed that these microphones can record conversations, but this has not been proven.

However, the system can connect to other cities, such as Lynnwood and Edmonds, to locate vehicles. Towns on the Flock network, with an agreement from the corresponding agency, can access those cities if they have an active case number.

The issue ultimately comes down to a lack of trust, not in the technology itself, but in the ethics of the people who have access to it.

Councilmember Erin Murray’s concern was the abuse of the system in the current national political climate and the constitutionality of the product, citing the Virginia court case against Flock. She said she would vote against it, stating that although public safety is a priority, “this is not right for us.”

“My broader concern, and I think a lot of the community’s broader concern, is access outside of our community to that data and the ongoing data that allows patterns to be tracked,” Murray said.

For Councilmember Laura Sonmore, the human factor was her primary concern. Human error or bias can create a security breach, and she was voting against it for the privacy of residents.

Councilmember William Paige Jr. brought up an article he had read, in which a journalist in Virginia drove about 300 miles in his area, then made a public request to the department and received the information back. The journalist was able to piece together his path using the location with the time and date stamps.

Although the Flock system does not actively track vehicles in real-time, one can still construct a path based on the vehicle’s history, which is how the system helped law enforcement and EMS locate over 1,000 missing people.

Mountlake Terrace Police Chief Pete Caw said that the reporter should not have received that information in the first place, reflecting Sonmore’s concerns regarding human error.

“That was not public information; it should not have been released,” Caw said. “Simply because you’re driving in an area and you send in a public disclosure request, that only covers public information, and that is not public information.”

Caw explained that the only way the photos would become public information is if there were a criminal case in which the department was seeking a specific car, and the investigation was closed and finalized.

“After that investigation was over, it would become public information,” Caw said.

Washington State’s Public Records Act (PRA), also known as Sunshine Laws, ensures open courts, open records and open meetings. There are limitations on the information that can be gathered, including details about minors and active cases. Information, excluding that of minors, becomes publicly available after a case has been closed.

Washington state RCW 42.56.010(3) defines a public record as “any writing that is prepared, owned, used, or retained by any state or local government agency, and which contains information that relates to the conduct of government, or the performance of any governmental or proprietary function.”

The same RCW uses “writing” to mean any form of physical or digital media, ranging from handwritten notes to emails and from computer punch cards to photos and videos stored in the cloud.

During public comments, Sam Doyle, who is running for the Position 1 council seat now held by Councilmember Rick Ryan, spoke against the system via Zoom. She expressed concerns about the potential for abuse by government entities, such as ICE, and the risk of potential lawsuits against the City.

“Using public data to participate in a for-profit network of mass surveillance of the American population is distasteful, disturbing and dystopian,” Doyle said.

Cmdr. Scott King reminded the council and audience during his presentation that the images taken are in a public space, and anyone could stand on the corner and take photos.

Councilmember Steve Woodard suggested that the public have two weeks to express their needs and concerns. Although some community members have voiced their opposition to the Flock system through social media, the loudest voices don’t necessarily represent the majority of the city’s residents, he said.

“Something we haven’t discussed is how many residents think we should move forward with this,” Woodward said. “We’re so focused on who doesn’t think we should forward.”

The prospect of a third meeting to discuss the Flock system was distasteful to some councilmembers.

“If we postpone it, we just wait two weeks and just have the same conversation again?” Sonmore said.

Woodard, having attended the previous meeting, suggested that the public review the March 27 presentation and “do some homework, the same you’re asking us to do.” They should then let the Council know what they’re interested in, “get out the armchair quarterbacking,” and go on public record, he added.

Woodard and Ryan both suggested allowing additional time  – not for the council, which has reviewed the paperwork and now has seen the presentation twice, but for community members who have questions and concerns but who don’t have the time to attend Council meetings regularly.

Woodard explained that the Flock conversation got people’s attention on social media, and he would like to “see who’s stepping out.”

“If we go off of that, let’s be clear, they were galvanized,” Woodard said. “And who showed up today? One person, the person who galvanized them, where’s everybody else?”

City Manager Jeff Niten said the City will have an enhanced public comment session to gather input from residents.

The vote for the Flock system will be placed on the June 5 council agenda.

In other business, the council:

–  Voted 6 to 1, with Sonmore voting no, to enter into an interlocal agreement with the U.S. Department of Agriculture for the Waterfowl Management Program, which would manage the goose population at Ballinger Park.

– Heard an update from Washington State lobbyists Amina Abdalla and Shelly Helder of Gordon Thomas Honeywell regarding  the just-concluded legislative session. The presentation material can be seen here.

– Recognized May 18-24 as National Public Works Week with a proclamation presented by Councilmember Ryan to public works staff.

The council’s next meeting will be a work/study session, with action to be taken, starting at 7 p.m., May 22, at Mountlake Terrace City Hall, 23204 58th Ave. W., Mountlake Terrace.

To attend the meeting online, visit zoom.us/join and enter meeting ID 810 1113 9518; no passcode is needed.

To make a public comment remotely, complete the registration form within 24 hours of the meeting’s start.

To listen via telephone, call 1-253-215-8782 and enter the same meeting ID.

You can also view livestreamed meetings and past video recordings at www.youtube.com/cityofmlt.

The agenda can be viewed here.