West Hollywood will have upwards of 50 Flock cameras as part of the “Safer WeHo” program. (photo by Edwin Folven)

After the West Hollywood Public Safety Commission voted to ask the City Council to reconsider its contract with Flock Safety, the City Attorney’s Office on Sept. 2 determined the vote was a violation of the Brown Act.

The Brown Act is California’s open meeting law that requires local governments to post meeting agendas at least 72 hours before the body meets. Under the Brown Act, City Councils, boards and commissions cannot discuss or take action on any item that does not appear on the meeting agenda.

California’s open meeting law also guarantees the public’s right to attend, watch and participate in local government meetings. The requirements are meant to ensure that the public receives advance notice of what government bodies are considering and has the opportunity to participate in the decision-making process, according to the city of West Hollywood website.

“The commission majority did not follow protocol, and their request is not valid,” Councilwoman Lauren Meister said. “So much for following the Brown Act, and it appears the group may need a refresher in the Robert’s Rules training.”

Since West Hollywood introduced the Flock Safety contract in April 2023, the program has rapidly expanded as part of the city’s “Safer WeHo” initiative.

“Safer WeHo” now includes a drone-as-a-first-responder pilot program, the installation of approximately 50 fixed real-time cameras and a real-time watch center at the West Hollywood Sheriff’s Station.

The council voted to reevaluate the Flock Safety contract after a staff report disclosed that 14 out-of-state agencies accessed license plate readers in the city between December 2023 and February 2026 without West Hollywood officials knowing. The Council has since restricted interagency sharing of the West Hollywood Flock data.

In a 3-2 vote in March, Mayor John Heilman, Vice Mayor Danny Hang and Meister voted to maintain the contract with Flock Safety but to implement stronger regulatory language.

Meister said she voted for maintaining the Flock cameras because “they are critical technology for public safety.”

“More data about you is available through your smartphone and social media than through LPR cameras,” Meister said. “Also, public safety cameras are in public places, where expectations of privacy are not the same as being in your own home.”

Councilwoman Chelsea Byers and Councilman John Erickson opposed the program.

Byers said the city “absolutely needs to continue to revisit the Flock contract,” but acknowledged that adding items to the Public Safety Commission and City Council agenda takes time.

“The Public Safety Commission voting on Flock before it actually came to the agenda, to me, speaks to the real safety concerns that exist when we have a company that’s changing its policies in real time in ways that can’t just quickly show up on our public agendas,” Byers said.

The city’s current contract with Flock Safety prohibits data sharing with organizations outside West Hollywood. Still, Byers said that with Flock constantly announcing nationwide policy changes, city policies can become obsolete in a matter of weeks.

“Since the council voted, Flock itself made changes,” Byers said. “We should absolutely make sure that we are taking those changes into consideration for our contract, should it continue to exist.”

Byers said she is not confident that the current council will consider making changes beyond what has already been discussed.

“Even amidst more of this national backlash that we started to experience, the council majority decided to maintain Flock,” Byers said. “Councilmember Erickson and I could bring back another item for discussion, but this current council has continued to say that it wants to support Flock.”

According to the Safer WeHo frequently asked questions page, the “Cameras are a proven crime-fighting tool. The cameras will be used to assist in resolving crimes that have occurred and will provide real-time information to first responders on calls for service.”

However, data from the city of West Hollywood shows that in June the city logged 88 stolen-vehicle Flock alerts; six were investigated, and three vehicles were recovered — a roughly 3% success rate on a $1.47 million contract that most residents oppose.  Resident Nik Roybal has made their voice heard at almost every city council meeting since the policy was cemented. Roybal said they filed a formal request with the California Department of Justice Public Rights Division for an investigation and state audit concerning West Hollywood’s “procurement and oversight of its Flock safety surveillance contract.”

“The DOJ request raises seven issues, from SB 54 sanctuary compliance to undisclosed conflicts of interest involving City Council members to our public safety commission bypassing the final contract,” Roybal said.

The City Council has received no reports of Flock misuse in West Hollywood.

“We have made our conditions of use very clear,” Meister said. “Data from any company, agency, organization or individual can be subpoenaed by federal authorities. Honestly, I don’t understand the naivete. Cameras are everywhere.”

Several Flock Safety systems across the country have been used for Immigration and Customs Enforcement deportation operations and police officers’ personal surveillance, according to an investigation by 404 Media.

“What we’ve seen through reporting across the country on Flock is that we aren’t getting that sort of safety that was promised,” Byers said. “In fact, these pieces of technology are being leveraged to undermine our community’s safety and cause harm.”

Since the policy was implemented, Byers said she has yet to receive positive feedback from the public regarding the Flock Safety program. Instead, the councilwoman said she has overwhelmingly heard that Flock cameras are “making people feel less safe.”

“It creates a feeling that WeHo is less safe for the trans and queer community members, people of color, people who see West Hollywood as a sanctuary, people who are coming for our sober recovery spaces or for cannabis communities,” Byers said. “The perception or feeling of safety that West Hollywood once gave to people now, because of Flock, has completely shifted.”

Currently, the council has no plans to revisit the contract, Erickson said. Despite opposition from the City Council majority, Byers said she is working to bring the Flock issue back to City Council for discussion.

“We could discuss, and it may not change anything,” Byers said, “but I believe that the contract needs to be reviewed again.”

Heilman and Hang have not responded to requests for comment by press time.