WHARTON — Following public interest and questions from residents about how data collected by the City of Wharton’s Flock Safety automated license plate reader (ALPR) system is stored, shared and managed, Wharton Post submitted requests under the Texas Public Information Act seeking records related to the program.
The records obtained by Wharton Post include City of Wharton Resolution No. 2023-28, the Wharton Police Department’s ALPR policy and other related public records. Together, they provide additional details about who owns the data, how long it is retained, what rights Flock Safety has under the agreement, how information may be shared and who owns the camera equipment.
The City Owns the Data
One of the most significant provisions in the agreement states that the City of Wharton retains ownership of its data.
The contract specifies that, as between the City and Flock Safety, all rights, title and interest in agency data remain with the City. It also states that Flock Safety does not own or sell agency data.
Flock Receives a Limited License
Although the City owns its data, the agreement grants Flock Safety a limited license to use that information as necessary to provide the contracted services.
That includes operating the platform, providing technical support, processing alerts, enabling authorized law enforcement searches and maintaining the system. The agreement also allows Flock to disclose agency data to other law enforcement agencies through the platform’s authorized sharing features for law enforcement and investigative purposes.
The contract also distinguishes the City’s data from Flock’s own technology. While the City owns the data collected through the system, Flock retains ownership of its software, platform and other intellectual property. The City is granted the right to use those services during the agreement but does not acquire ownership of Flock’s technology.
Flock May Use Aggregated, Anonymized Data
While the agreement states that Flock does not own or sell the City’s data, it permits the company to create aggregated and anonymized data derived from agency data.
According to the agreement, Flock may use aggregated data to improve its services, develop new technology—including machine learning—perform diagnostic and corrective functions, enhance other Flock products and support crime prevention efforts.
The agreement also states that Flock does not sell aggregated data.
Data Is Automatically Deleted After 30 Days
The agreement states that footage captured through the Flock system is automatically deleted after 30 days.
During that period, the City has a 30-day window to review, save or transmit footage before it is automatically deleted. The agreement also states that the Wing Replay feature retains data for seven days before deletion.
The Cameras Remain Flock Property
The agreement makes clear that the City is licensing the system rather than purchasing it outright.
The physical cameras and related hardware remain the property of Flock Safety throughout the agreement. If the agreement expires or is terminated, Flock is responsible for removing the equipment, and ownership of the cameras does not transfer to the City.
Contract Details
The agreement approved by the Wharton City Council in April 2023 included:
- Nine automated license plate reader cameras.
- A 24-month initial contract term.
- Automatic 24-month renewal periods unless either party provides notice.
- A total contract value of $56,750.
- Funding through the Wharton Police Department’s Operation Lone Star Grant.
The 2023 agreement covered the City’s original nine-camera system. On Feb. 24, 2025, the Wharton City Council approved Resolution No. 2025-12, accepting a Motor Vehicle Crime Prevention Authority (MVCPA) grant for five additional Flock cameras. The grant totaled $17,708 and required a $3,542 City match, bringing the system to 14 cameras.
Department Policy
In addition to the contract, Wharton Post obtained the Wharton Police Department’s Automated License Plate Reader (ALPR) policy through the Texas Public Information Act.
According to the policy, the Flock system is to be used only for official law enforcement purposes, and captured data is considered confidential.
The policy authorizes Criminal Investigation Division personnel to search the database and download records for use in criminal investigations. It also states the department may enter into data-sharing agreements with other law enforcement agencies as determined by the Chief of Police.
The policy further states that ALPR data is retained for 30 days, unless it is preserved as evidence or needed for an active criminal investigation.
Why This Matters
The public records obtained by Wharton Post answer several of the questions readers have raised about the City’s Flock Safety system, including who owns the data, how long it is retained, whether Flock Safety can sell the data, what rights the company has under the agreement and who owns the camera equipment.
Wharton Post has also requested additional information from the Wharton Police Department regarding how the system has been used, including statistics on arrests, investigations, stolen vehicle recoveries and other incidents in which the technology has assisted officers. That request remains pending.
View the Public Records
To promote transparency, Wharton Post is making one of the key public records referenced in this article available for readers to review.
The document below was obtained through the Texas Public Information Act and includes:
- City of Wharton Resolution No. 2023-28
- City Council resolution approving the Flock Safety agreement
- Flock Safety Order Form
- Flock Safety Government Agency Agreement (Exhibits A and B)
This article is based on multiple public records obtained by Wharton Post through the Texas Public Information Act. The attached document contains the City’s approved agreement with Flock Safety. Readers are encouraged to review the document in its entirety. This article highlights key provisions but is not intended to replace the complete public records.