Flock policy, Milwaukee police agree to changes; what we know

MILWAUKEE - The Milwaukee Police Department has agreed to make several changes to its Flock camera system policies, according to statements Monday afternoon from the department and the mayor's office.  

Flock policy changes

What we know:

Milwaukee Mayor Cavalier Johnson's office said the mayor consulted with Milwaukee Police Chief Jeffrey Norman and Fire and Police Commission Executive Director Leon Todd, and communicated with county officials. 

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Johnson insisted on the following changes to MPD's Flock policies, some of which he said the police department agreed to:

1. Access to Flock camera systems data was limited earlier this year. At my direction, MPD has agreed to further restrict access to this data. Only supervisors will be allowed to access Flock camera systems. No officers or detectives will be allowed access to these systems at this time.
2. The use of Flock cameras will be limited to Part I crimes, critical missing persons, drug trafficking organization investigations and abductions only. Part I crimes only include homicide, rape, robbery, aggravated assaults (to include non-fatal shootings), burglary, larceny, motor vehicle theft, arson and human trafficking. 
3. At my direction, MPD has agreed to create a publicly available dashboard providing the community information about the Department’s use of Flock camera technology.
4. MPD has agreed to further limit access to Flock cameras by restricting access to Milwaukee’s cameras only to MPD. This means that MPD Flock data will be strictly limited to MPD so that auditing and oversight is fully within its control.
5. In its oversight role, the Fire and Police Commission (FPC) has already initiated an audit of the Flock camera system and its use in the city. At my direction, the FPC Executive Director has agreed that semiannual independent audits of MPD’s Flock camera use will be conducted.  I have requested that these results be shared directly with my office as an additional review of Flock camera use as well as provide public access to the findings.
6. My office will continuously monitor the use of Flock cameras on a regular basis.

MPD later reiterated parts of the mayor's statement and said it agreed to the following:

1. Access to Flock technology has been further restricted to supervisors only.
2. Access to MPD’s Flock technology will be restricted to MPD only. We will no longer share data access with surrounding jurisdictions.
3. The use of Flock technology will be limited to Part I crimes, critical missing persons, drug trafficking organization (DTO) investigations and abductions only. Part I crimes only include homicide, rape, robbery, aggravated assaults (to include non-fatal shootings), burglary, larceny, motor vehicle theft, arson and human trafficking.

What we don't know:

Neither MPD nor the mayor's office specified a timeline for when any agreed-upon policy changes would take effect. The mayor himself does not have authority to affect police department policy, and it's unclear where the FPC stands.

What is the Flock camera system?

The backstory:

Flock cameras scan and take photos of license plates going by, and police can search the database to pinpoint locations. In spring, the company told FOX6 News it partners with more than 200 agencies in the state, and the system helps solve crime.

Defense of Flock cameras

What they're saying:

MPD told FOX6 that Flock cameras are helping solve crimes, including finding the exact location of Thomas Zollicoffer, a man accused of killing three people. Homicide clearance rates, the rate of solving homicides, have improved in recent years. This year it is at 87%. Police also point to recent kidnapping cases thwarted through the use of cameras.

As recently as last Friday, MPD defended its use of the Flock license plate camera system amid criticism after three officers were investigated for misuse of the system. The department said it honed its audit process to find possible bad actors after the first misuse investigation, which is how they found the next two.

"It's extremely important that you have closed-loop auditing that looks at outliers, looks at use cases, and makes sure it's all above board," said MPD Risk Manager James Lewis. "Officers who misuse this system have no place here. We've shown that time and time again with what we've referred to the district attorney's office."

Skepticism of Flock cameras

The other side:

Last week, the Milwaukee Common Council demanded answers from MPD about Flock safeguards. The council gave the police department until Sept. 30 to respond and said they will use that information to decide about funding when they craft the city’s next budget this fall.

Ald. Marina Dimitrijevic told FOX6 News possibilities include defunding or canceling the program. However, it is too early to say what is next, as she said she wants to hear from the Milwaukee Police Department first.

"[Pausing or canceling is] not where I’m starting, but it's definitely on the table," she responded. "I do want to have a public discussion of the true cost, the network, the data gathering, the abuse. I want to talk to the Fire and Police Commission and we need answers. Things have actually not gotten better, they've gotten worse."

Official statements

What they're saying:

FOX6 News received statements about the Flock policies from both the mayor's office and the police department. Those statements are below, with the sections listing policy changes removed for flow and brevity but available above. A statement from the Milwaukee Police Association president is also included.

Mayor Cavalier Johnson:

"Technology plays an important role in law enforcement, supporting the good work of the men and women of the Milwaukee Police Department. In investigations, communications, and accountability, technology has added to the capabilities and effectiveness of our police.

"As we deploy technology, it is essential that we recognize the limitations and dangers associated with these tools. At all times, law enforcement must fully protect the rights of individuals so that devices such as Automated License Plate Readers technology, through Flock cameras, do not compromise the liberties we all embrace.  The police department previously established and detailed standard operating procedures regarding that technology. Those regulations deserve review and scrutiny as more information comes to light.

"I recognize the benefits of the Flock cameras system. On multiple occasions this tool has located critical missing persons and helped apprehend violent criminals in Milwaukee. The technology has also been misused in several notable instances, both locally and nationally, compromising the rights of individuals.

"Changes in the way the Milwaukee Police Department (MPD) uses Flock cameras are necessary and appropriate.

[omitted, list of policy changes]

"I am committed to regularly reviewing our use of Flock cameras and will make further decisions when and if necessary.

"I value the thoughtful discussions I have had with the Milwaukee Police Chief and the Executive Director of the Fire and Police Commission. They join me in a commitment to fairness and justice for all individuals who may be impacted by emerging technologies."

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Milwaukee Police Department:

"The Milwaukee Police Department (MPD) supports the use of technology to assist in solving crimes that cause harm to our community. MPD recognizes that technology makes investigations more efficient, and often, allows us to apprehend suspects quicker than traditional investigations, thereby reducing the risk of additional harm to additional people. With that, we recognize that the use of such technology,  like Flock technology, comes with great responsibility. These tools must always be used to prevent and reduce harm, not create more.

"MPD recognizes that some in our community do not support the use of Flock and we do not dismiss these opinions. MPD acknowledges the harm that former department members have caused that has damaged the trust we work so hard to build. MPD acknowledges the human error that comes with the use of technology and are working tirelessly to reduce error as much as we can. We are working with our City leadership to create robust guardrails to ensure that Flock is used exclusively as a crime solving tool for the benefit of crime victims who have been harmed in our community. 

[omitted, list of policy changes]

"MPD will continue to robustly audit its Flock systems."

Milwaukee Police Association President Alex Ayala:

"The Milwaukee Police Association understands the need for appropriate safeguards governing the use of Flock cameras and other law enforcement technology.

"We do not condone the misuse of law enforcement tools for personal, improper, or unauthorized purposes. Officers entrusted with access to these systems have a responsibility to use them only for legitimate law enforcement purposes, and those who violate that trust must be held accountable.

"At the same time, Flock cameras have proven to be a valuable investigative tool for officers working to solve crimes and protect the people of Milwaukee. We appreciate that the City’s response recognizes the difference between misuse of a tool and the legitimate use of that tool by the overwhelming majority of officers who follow the rules.

"Reasonable safeguards and accountability can coexist with giving police officers the technology they need to do their jobs effectively. The MPA believes that is the appropriate balance."

Editor's note: This story was updated to include additional information.

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