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Fredonia requests Flock camera removal

By M.J. STAFFORD 4 min read
OBSERVER Photo by M.J. Stafford The Flock Safety camera at the corner of Church and Temple streets in Fredonia.

The Fredonia Board of Trustees has officially called for the removal of Flock Safety license plate-reading cameras from the community.

The board voted 4-1 Monday on the resolution requesting that the Chautauqua County District Attorney's Office remove the devices.

"While I acknowledge the system could be very valuable to law enforcement, there are some inherent problems with it," said Trustee Ben Brauchler.

"There was no resolution passed (by trustees) for this agreement to be in place," Trustee LeeAnn Lazarony said. "Therefore, I think the contract should be null and void, as it wasn't through resolution by the Board of Trustees to authorize the mayor to sign the Flock Camera agreement."

Trustee Tim Mulholland said he echoed Lazarony's sentiments in voting "aye," and Trustee Christine Cruz Keene offered her affirmative vote without comment.

In an unusual move, Trustee Paul Wandel requested to vote last. It seemed like Wandel recognized that he was the only opposition to the resolution, and wanted the last word on it.

Wandel read excerpts from a Sept. 14 email to village officials by District Attorney Jason Schmidt. The DA defended his Flock program at a trustees' meeting around the time of his email.

"I believe each and every one of us want the same things," Schmidt wrote. "To live in a safe community free of government overreach, to know our tax dollars are being spent smartly and cost effectively, and to ensure that our children and younger population have a full and fair opportunity to better themselves and rise above their beginning circumstances."

Schmidt added, "So long as we approach Flock Safety concerns in good faith and intelligently, focused on what we are doing here and the safeguards in place to minimize any misuse of the equipment, I am hopeful that the public will see our partnership with Flock Safety as a positive step toward improving public safety and quality of life issues for our community."

Wandel said he supported Schmidt and his efforts to improve the community. The cameras "are not a threat to the public and simply a tool to support a safe environment," he said before voting "no."

Applause then erupted from the Village Hall meeting audience as Mayor Michael Ferguson announced the 4-1 passage of the resolution. Two spectators, Mitch Cummings and Patrick Sexton, had spoken in favor of the resolution during the public comments portion of the meeting.

Ferguson sought Monday to clarify again that the white cameras on Village Hall are not Flock Safety cameras. They are deactivated local security devices. A Flock camera is on a pole overlooking the nearby intersection of Church and Temple streets.

Sexton, who refuses to drive through that intersection while the Flock camera is there, said the community should place a black bag over the device once trustees passed their resolution. The camera appeared to be untampered Wednesday morning, with nothing blocking it.

The OBSERVER sought comment from Schmidt about the finalization of the resolution. However, an email to his executive assistant was not immediately returned.

The resolution passed Monday begins that the board "recognizes its obligation to safeguard the constitutional rights, civil liberties, and fundamental right to privacy of all residents, visitors, and motorists traveling within the Village."

It describes automated license plate reader networks and says they "are capable of aggregating mass movement data across local, regional, and national databases, creating significant privacy risks, third-party data sharing exposures, and potential mass surveillance concerns."

The resolution states Fredonia was not notified or consulted about the Flock camera program by the District Attorney's Office. However, "municipal governments retain authority over municipal property and local rights of way under their jurisdiction or control, and possess a legitimate governmental interest in establishing local policies regarding police surveillance and data governance."

The resolution calls for deactivation or removal of Flock cameras in Fredonia, and states that no more Flock equipment can be installed without prior authorization of the Board of Trustees.

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