Independent project · not affiliated with the City of Edgewater or Flock Safety

Context

The Colorado provisions the documents cite

The Edgewater Flock documents rely on a short list of Colorado laws and one police rule. This page says what each one is and what the document says it does. It is not legal advice, and it is not a review of Colorado law.

Access

Who else has access

The transparency portal lists about 90 external agencies with access to the system. [PORTAL] Among the names it lists are the Edgewater CO PD itself, Denver CO PD, Lakewood CO PD, the Colorado State Patrol, and the Colorado Bureau of Investigation. The fact sheet records the count as “about 90”; this page does not give an exact figure.

The portal lists who has access. It does not say how often any of them search the system, and the documents in this set include no search logs. Policy 422 also allows release of data to “other authorized and verified law enforcement officials and agencies at any time for legitimate law enforcement purposes.” [POL 422.5(d)]

Outside the document set, the Edgewater Echo reported on September 8, 2025 that Police Chief Randy McNitt said he had disabled nationwide sharing about a month earlier, so the city now shares only with Colorado agencies. [ECHO] The portal copy in the set is dated August 12, 2025 and may predate that change. The Echo article is the only source for it that this site has seen.

Other systems

A second data product listed for the department

EFF’s Atlas of Surveillance lists Edgewater Police Department as holding an enterprise license, through its membership in the Colorado Information Sharing Consortium, for LexisNexis’ Accurint Virtual Crime Center. [ATLAS] The Atlas lists no date for it. The Edgewater Flock documents do not mention this product, and this site has not seen any record of how the department uses it.

The provisions

What each cited provision does

Colorado Open Records Act (CORA)

CORA is the Colorado law on public access to government records. The Addendum says “City Records” are subject to it, and that they “shall remain at all times the property of the City.” [ADD p.1] Flock must give the City access to any City Record on reasonable request, and to all City Records at no cost when the agreement ends. [ADD p.1]

Requests about City Records are routed through the City. Flock must tell the City about any CORA request it receives for City Records, and must refer the requester to the City. [ADD p.1] If Flock wants to claim that a record is confidential under CORA, it must say so in writing to the City. [ADD p.1] The documents do not show any CORA request for Edgewater records or any response to one.

Colorado Governmental Immunity Act

The Governmental Immunity Act generally bars tort-type claims against public entities unless a statutory waiver in C.R.S. § 24-10-106 applies. This page paraphrases that default rule. The Addendum says the City “does not waive” it, citing C.R.S. § 24-10-101 et seq. [ADD p.3] The documents do not analyze how the Act would apply to plate-reader data.

TABOR (Colo. Const. art. X, § 20)

TABOR, Colo. Const. art. X, § 20(4)(b), generally requires voter approval before a government creates a multiple-fiscal-year direct or indirect debt or other financial obligation, unless adequate cash reserves are pledged for all future years. This page paraphrases that provision; read the constitution’s text before relying on the wording. The Addendum says the City does not create a multi-year debt, and that payments after the current fiscal year depend on funds being appropriated. Fiscal years end December 31. [ADD p.3]

The Addendum states the consequence plainly: “If the City does not appropriate the funds, the Agreement terminates automatically.” [ADD p.3] The vendor terms give the City a related right: it may terminate for non-appropriation on 30 days’ written notice, “without penalty or other cost.” [T&C §11.15]

Colorado law and Jefferson County venue

The Addendum says the agreement is governed by Colorado law, and that any legal action goes in Jefferson County, Colorado. [ADD p.3] In plain terms, the question of which state’s law applies is settled by the contract, and so is the county where a lawsuit about it would be filed. The vendor terms also point to the law of the state where the customer is located. [T&C §11.6]

The CBI verification rule (Policy 422.3(e))

Policy 422 is the Edgewater Police Department’s own rule. It says that before any enforcement action based solely on an ALPR alert, the officer must verify the plate on the vehicle, “including its state,” through the Colorado Bureau of Investigation. [POL 422.3(e)] In plain terms, an alert alone is not supposed to be the whole basis for acting; the plate is checked against the state’s system first. The same section says no ALPR operator may access CBI data unless authorized. [POL 422.3(f)]

The documents do not show whether that check happened in any particular case.

Limits

What this page does not cover

The document set does not cover other Colorado cities, the state’s legislative history, court cases, or news about Flock in Colorado. It has no news coverage, council minutes, or records-request responses. Apart from the two outside items labeled above (the Echo’s report on sharing and the Atlas listing), this page does not draw on them, and it makes no claim about other Colorado jurisdictions.

The Records page lists what the documents leave out.

Citations

Sources for this page

Page numbers are the PDF bundle pages in the fact sheet, except where the tag says otherwise.

  1. Addendum to Flock Group Inc. Services Agreement Order Form with the City of Edgewater, Colorado, dated 12/12/2023. Cited: p.1 (CORA, records requests, use limit), p.3 (immunity, TABOR, governing law and venue).
  2. Flock Safety Terms and Conditions, printed from flocksafety.com on 4/28/2025; the page says “Last Updated: October 4, 2024.” Incorporated into the agreement by Order Form section 11.4. Cited: §11.6 (governing law), §11.15 (non-appropriation).
  3. “Edgewater CO PD, Transparency Portal,” provided by Flock Safety, last updated August 12, 2025. Cited: the list of external agencies with access.
  4. Edgewater Police Department Policy Manual, Policy 422, “Automated License Plate Readers (ALPR),” published with permission by the Edgewater Police Department (Lexipol copyright 2025/07/15). Cited: 422.3(e) and (f) (CBI verification and access), 422.5(d) (release to other agencies).
  5. Tyler Fisher, “Edgewater Leaders Consider Future of License Plate Technology,” Edgewater Echo, September 8, 2025. edgewaterecho.com. Not part of the document set. Cited: the chief’s reported change to sharing.
  6. Electronic Frontier Foundation, Atlas of Surveillance, Edgewater Police Department, CO. atlasofsurveillance.org. Not part of the document set. Cited: the LexisNexis Accurint listing.