County Commissioners discover "Wrinkle" in FLOCK Camera Contract, raise concerns over vendor practices

County Attorney Sean Surrisi told the County Commissioners on Tuesday that he found a "little bit of a wrinkle" in the county's FLOCK Camera contract, revealing that the current agreement extends beyond what was previously understood.

Last month, Surrisi told the commissioners that the renewable 2021 contract with FLOCK was a two-year term that automatically renewed, and that the county was in the second renewal, set to end at the end of December 2027. However, while responding to public records requests, Surrisi discovered that a new contract was signed in December 2023 after concerns about sustainable funding. Under the new agreement, the county reduced the number of cameras from 10 to 6 and signed a new five-year contract that does not include an automatic renewal clause. Surrisi said this contract will end at the end of December 2028.

Commissioner Jesse Bohannon expressed frustration upon learning of the extended timeline. "We were under the understanding that the current contract would end about a year from today, so now we are looking at an additional year and three months," he said. "This is something I continue to be concerned about every day; there are more stories in the news about how this vendor operates."

Bohannon cited the example of Sheboygan, Wisconsin, which ended its contract with FLOCK after a FLOCK salesperson contacted the city's engineering department and attempted to sell five years' worth of speed and traffic data collected from the city's FLOCK cameras. Bohannon noted that the county has been told the cameras don't measure speed, they only keep data for 30 days, and they don't sell data. "How long do we continue to do business with a company that so consistently misrepresents what it's providing?" Bohannon asked.

Commissioner Adam Faulstich asked the county attorney what it would take to switch the current contract to an annual agreement. Surrisi said the matter would require a discussion with the prosecutor, as the prosecutor's name is on the contract.

Surrisi also clarified that county officials who are state officeholders, such as a prosecutor, do not fall under the reform statutes that require all elected county officials to come before the commissioners for contract approval. "They are interdependent, but have autonomy to some degree," Surrisi said.

The county attorney suggested a meeting with representatives from FLOCK to review and possibly renegotiate the contract, noting that with so many jurisdictions across the nation canceling their contracts, FLOCK may be receptive to amendments even though it is not obligated to agree to them.

Commissioner Stan Klotz said he would like to see the future prosecutor, Joe Morris, included in the discussions.

Faulstich said his primary concern is the speed at which information about these systems evolves and the rate at which the company can change, update, add, or remove features, making an annual contract the best option for the county.

The county attorney will investigate the possibility of scheduling an executive session with current Prosecutor Nelson Chipman, future Prosecutor Joe Morris, Sheriff Hassel, future Sheriff McFarland, and a representative from FLOCK, at the request of Commissioner Klotz.