HUNTINGTON, W.Va. (WSAZ) – As Huntington prepares for Flock Safety technology, the city has been working on guardrails to address concerns of privacy and potential misuse.
Huntington Mayor Patrick Farrell presented one version of an ordinance last Friday to the city’s Public Safety Commission, but he said at the time more changes would be coming.
Several of those changes were reflected in the new version of the ordinance, obtained by WSAZ on Thursday. This version will be presented to the full City Council during Monday’s meeting.
Among the changes between the new version and the old one:
Data will be retained for seven days, as opposed to 30 days, unless it is being actively used as evidence in a caseA “duty to report” for any officer or user with knowledge of misuseA way for the public to make complaints
Council member Holly Smith Mount told WSAZ she suggested several changes to the first version, and is happy to see many of them in the new version – even if she’s still apprehensive about Flock technology in general.
“I think this is a good ordinance given the situation,” she said Thursday. “I will tell you that I’m not comfortable with the Flock technology as it stands right now. I do support the ordinance with the guardrails because it’s necessary, right? It’s just absolutely vital that we have something in place. I would rather us not be here right now because I think it moved very, very quickly.”
Councilmember Tia Rumbaugh also proposed changes to the original ordinance, even in the form of a separate ordinance. She told WSAZ she doesn’t think the updated guardrails are strong enough either.
“This draft, I think, is a sincere attempt from a lot of those in our administration to offer common sense guardrails,” she said. “However, those guardrails are not sufficient enough to protect our residents from every potential negative outcome that will come from implementing this particular vendor Flock, and this contract on our residents.”
One change Rumbaugh said she is “baffled” by is the removal of penalties on the municipal level. Instead, the updated ordinance notes that anyone found to break the law could be referred for state or federal prosecution. Rumbaugh said she wants penalties on all three levels.
“I want us to throw every potential guardrail safety around it, a warning on every level, not just leave it up to state and federal code,” she said. “If we’re going to be using it on our residents, then municipal law equals municipal control.”
In a statement to WSAZ, Councilmember Jason Arthur wrote:
“We have listened to our constituents, our council members, and especially our police officers, who have asked for these tools to help keep our community safe. This ordinance provides those tools while putting the necessary guardrails in place to ensure accountability and protect our residents’ constitutional rights.
“As Chair of Public Safety, I will continue to make sure public safety is the priority while upholding the Fourth Amendment and the Constitution.”
WSAZ shared the updated ordinance with several lawmakers who previously wrote a letter to Flock, raising issues with the technology. All three replied that the ordinance covered their concerns on the municipal, but they are still wary of Flock itself.
Del. Ryan Browning (R-Wayne) wrote that “it looks like it covers many of the concerns that have been raised.” Del. Tristan Leavitt (R-Kanawha) called the ordinance “a model policy for cities or counties,” but cautioned that the concerns he has “center on Flock Safety itself.”
“The proposed ordinance appears to adequately address privacy concerns and accountability for those who use the technology,” Del. Patrick Lucas (R-Cabell) replied to WSAZ. “The current missing piece of the puzzle is the response to the letter we sent to Flock Safety. They must convince us that they are a trustworthy partner in this venture.
WSAZ asked for an interview with Mayor Farrell to answer questions about the ordinance, but a spokesperson said he was unavailable.
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