Author: Jonathan

  • What Two Weeks of Advocacy Accomplished — And What Comes Next

    What Two Weeks of Advocacy Accomplished — And What Comes Next. Bend Privacy Alliance, June 2026. Infographic summarizing campaign growth, June 3 Deschutes County BOCC outcome, and June 3 Bend City Council outcome.

    Two weeks ago, the Bend Privacy Alliance didn’t have a Facebook group, a public petition, or a community showing up to two government meetings on the same day. Today we do. Here’s what happened, what it produced, and where we go from here.

    How it started

    In mid-May, Deschutes County quietly scheduled a vote on Contract No. 2026-0327 — a five-year, $2,412,669 agreement with Axon Enterprise for body-worn cameras, Tasers, and fleet cameras for the Deschutes County Sheriff’s Office. The contract included the Axon Fleet 3, a camera with integrated license plate reader capability, along with Auto-Tagging and Auto-Transcribe software licenses. The two-page staff report said nothing about whether the ALPR capability would be activated or what policy would govern it.

    We submitted written comment. The Board deferred the item. A second meeting was scheduled for June 3.

    In the two weeks between those dates, the campaign grew beyond one person with a laptop.

    The numbers

    Combined views across Reddit and jonathanwestmoreland.com reached approximately 100,000 over the two-week period — roughly 70 percent from Reddit, 30 percent from the website. A Facebook group dedicated to the campaign reached 71 members in about a week. Someone independently built a website on the topic, unconnected to this organization — a sign the issue had taken on a life of its own.

    None of those numbers include shares from other groups, organic Facebook reach, or the petition signatures. We can’t fully measure what we started.

    June 3 — the county

    Seven people spoke at the Deschutes County BOCC meeting — four in person, three online. Written comment submitted before the meeting addressed six specific asks grounded in Oregon law and the contract itself:

    • Confirmation of whether ALPR capability would be activated
    • A published SB 1516-compliant ALPR policy before deployment
    • Board-level authorization required for ALPR activation
    • A written SB 1587 attestation from Axon
    • Production of the missing Data Processing Agreement
    • A status report on all seven recommendations from the December 2025 Internal Audit

    Of those six asks, four were addressed. The Board adopted a meaningful condition: the Fleet 3’s integrated ALPR capability may not be activated unless DCSO returns to the Board for a separate authorization vote. That condition did not exist before this campaign raised the issue.

    On SB 1587, Axon’s attorneys stated through DCSO that Axon does not meet Oregon’s definition of "data broker" — meaning the law’s attestation requirement, in their view, does not apply. That is Axon’s legal position, not a judicial or agency determination. It will be revisited.

    The audit status report was not addressed.

    The contract passed unanimously.

    One more detail worth noting: the Data Processing Agreement — the governing document for how Axon handles all footage and metadata under the contract — was not in the Board’s original packet. It was transmitted to BOCC staff at 8:07 AM the morning of the vote and handed to attendees as a printed paper document before the meeting began. The Board voted on a $2.4 million contract without having seen that document during their review period. That procedural gap is now on the record.

    June 3 — the city

    Eight people spoke in person at Bend City Council that evening, with two online. Speakers raised surveillance technology oversight broadly, called for policy before deployment, and named a surveillance ordinance as a goal. The Council committed on the record that any stationary ALPR expansion will come before them for a vote and public comment.

    The petition filed under Bend Code 1.30.005(C) requesting Council review of Police Department Policy 428 — the department’s ALPR policy — was submitted the same day and confirmed received by the City Recorder.

    Policy 428 governs ALPR use by Bend PD, which has deployed the Axon Fleet 3 in more than 70 patrol vehicles since July 2023. The petition asks the Council to review whether the policy meets the requirements of SB 1516, which took effect March 31, 2026.

    What the contract review found

    A full review of the contract packet produced findings the staff report never disclosed.

    The Axon Service Level Agreement gives Axon authority to push firmware updates to all devices — body cameras, fleet cameras, Tasers — without DCSO authorization. The same SLA defines "Axon Cloud Services" to include Fusus, Axon’s real-time crime center platform. The staff report mentioned neither.

    The privacy notice attached to the contract designates Axon as the independent Data Controller — not DCSO — for all operational metadata generated under the contract. Oregon’s own State Chief Information Security Officer confirmed in writing that Axon holds the encryption keys to all data stored on its platform, not the agency. At the meeting, DCSO cited Axon’s SOC 2 Type II certification in response. SOC 2 audits whether a vendor’s controls work as the vendor describes them — it does not require end-to-end encryption and does not address who controls access to data under a federal legal process. The CISO’s finding stands unrebutted.

    Primary source documents from this proceeding — the BOCC meeting packet, the December 2025 Internal Audit, and the Oregon State CISO letter — are in the source library at jonathanwestmoreland.com/source-library-bend-surveillance-oversight.

    What comes next

    The city fight is the longer one. Bend PD’s ALPR system has been operating in more than 70 patrol vehicles for nearly three years. The Council’s commitment to a public vote before any stationary ALPR expansion is an important line. Holding it requires the governance framework to be in place before the next technology decision arrives.

    The next steps are: understanding the full inventory of surveillance technology Bend PD currently operates, completing the surveillance ordinance and procurement framework, and bringing both before the Council.

    That work is underway.

    More to come.

  • Petition for Council Review of Police Department Policy 428 — Bend Code 1.30.005(C)

    Hello Jonathan,

    Confirming receipt of your email, 6/3/2026.

    Ashley Bontje
    CITY RECORDER
    City Manager’s Office

  • Petition for Council Review of Police Department Policy 428 — Bend Code 1.30.005(C)

    To: Bend City Council (councilall@bendoregon.gov)
    Cc: Ashley Bontje, City Recorder (abontje@bendoregon.gov); City Manager’s Office (communications@bendoregon.gov)
    Subject: Petition for Council Review of Police Department Policy 428 — Bend Code 1.30.005(C)


    To the City Council, Ms. Bontje, and the City Manager’s Office,

    Attached is a petition, submitted under Bend Code 1.30.005(C), requesting that the City Council review Bend Police Department Policy 428 (Automated License Plate Readers) at a public meeting with opportunity for public comment.

    Bend Code 1.30.005(C) provides that “the Council may review any regulation adopted by the City Manager on its own motion, or on petition of any person filed within 30 calendar days of the first public posting of the regulation.” This petition is filed within that window. Under BC 1.05.020, the 30-day period runs through Monday, June 15, 2026, whether Policy 428 was first posted on May 14 or May 15, 2026. The petition explains the basis for those dates.

    Because 1.30.005(C) does not specify a filing location, I am submitting this petition by email to the City Council, the City Recorder, and the City Manager’s Office to ensure proper receipt. A hard copy is also being delivered to City Hall / mailed to the City Recorder. If the City believes this petition should be filed in a different manner or location, I respectfully request written notice so I can promptly correct it within the time allowed.

    I would appreciate written acknowledgment of receipt, including the date of filing.

    Thank you for your consideration.

    Sincerely,
    Jonathan Westmoreland
    Resident, City of Bend, Oregon


    Attachment: Petition for City Council Review of Bend Police Department Policy 428 (BC 1.30.005(C))

  • Signals & Safeguards — Issue 12: ALPR Oversight, Access Pathways, and Practical Privacy Safeguards

    Issue 12 • Wednesday, June 3, 2026

    Signals & Safeguards newsletter masthead

    A concise weekly scan of surveillance, privacy, cybersecurity, and the safeguards public officials should keep in view.

    At a glance

    • ALPR oversight reached Congress, but the first sweeping federal restriction failed in committee.
    • EFF’s new mission-creep examples show why purpose limits need technical enforcement, not just policy language.
    • Vendor platforms are expanding after purchase, making release notes part of the oversight record.
    • New location, platform, and device-signal examples show surveillance moving through access pathways, not just cameras.

    ALPR oversight reached Congress, but the first sweeping restriction failed

    Automated license plate readers are no longer only a city-contract or police-policy issue. This month, ALPR oversight reached Congress. WIRED reported that Representatives Scott Perry and Jesús “Chuy” García introduced a bipartisan amendment to a federal highway bill that would have barred recipients of Title 23 federal highway funds from using ALPRs for any purpose other than tolling. ACLU and partner groups urged the Committee to support the amendment; EPIC joined a coalition pressing the same case. Demand Progress later reported that the committee rejected it.

    Why it matters for public officials: Congress did not settle the question. Local and state governments still have to decide what rules apply before ALPR systems are purchased, renewed, expanded, or connected to larger networks.


    Mission creep shows why purpose limits matter

    EFF’s latest ALPR analysis documents the practical reason purpose limits matter: ALPR networks have been used for school residency verification, employment background checks, and noise or loud-music complaints — uses that do not feature in most public debates over whether to deploy plate readers. Once a location database exists, more users and more purposes will try to reach it. If the rules are vague, a system’s actual use can drift far beyond the original public explanation.

    Why it matters for public officials: Purpose limits should be written before deployment and enforced technically. A policy that says “serious investigations only” is weak if the software still permits broad searches for administrative, civil, or low-level purposes.


    Bend and Oregon show why policy must match permissions

    Bend and Oregon remain useful case studies, but the lesson is broader than either jurisdiction. Earlier reporting from The Source Weekly found that ICE, CBP, and Homeland Security Investigations queried Bend Police Department Flock Safety data 279 times in the first three weeks after the cameras went live. Separately, OPB reported that a lawsuit alleges Oregon State Police allowed federal immigration authorities to query Oregonians’ data through shared law-enforcement databases for years, despite Oregon’s sanctuary laws. OSP denies wrongdoing. The Oregon Capital Chronicle reported the same allegations.

    Those examples should not be repeated as old news. They should be treated as a practical reminder: a privacy rule only works if the database permissions, access settings, and audit logs match the rule.

    Why it matters for Bend and Deschutes County: Written policy matters, but it is only one layer. Contract terms, vendor settings, sharing permissions, system configuration, audit logs, and public reports all have to point in the same direction.

    “If it is law, it will be found in our books. If it is not to be found there, it is not law.”
    — Lord Camden, Entick v. Carrington (1765)


    Policy 428 appears stronger, but oversight still needs proof

    Bend Police Department’s updated Policy 428 appears to add stronger ALPR safeguards, including shorter retention for non-investigatory plate data, search logging, audit and reporting requirements, prohibited-use language, and vendor-contract requirements. That matters. It is a real improvement over a weaker policy baseline.

    But a policy is not the whole oversight system. The next questions are whether the publicly posted version is final, whether any contract or add-on incorporates the same limits, whether system settings enforce them, and whether audit reports will be usable enough for Council and residents.

    Why it matters for public officials: A policy states the rule. A contract binds the vendor. A system configuration prevents improper access. Audit logs show what happened. Public reports let elected officials verify the result. All five layers matter — and they should align before deployment, not after.

    Shared pattern

    The strongest stories on this page point in the same direction: surveillance power expands through access pathways. A local camera, a vendor database, a federal search request, a shared records system, or a platform setting can each change who can reach sensitive data. Oversight has to follow the path the data actually takes.


    Commercial location data is a national-security problem

    Reuters reported that U.S. military personnel deployed to war zones have reportedly been targeted using commercially available location data, with lawmakers warning such data can reveal troop movements and patterns of life.

    The reminder applies at every level: data collected for advertising can become useful for intelligence, enforcement, stalking, coercion, or political pressure. Public policy should treat commercial location data as sensitive infrastructure, not a marketing issue.


    Online speech, anonymity, and age checks are becoming enforcement surfaces

    Bloomberg Law reported that the Justice Department used grand-jury subpoenas to seek identifying and financial information from Reddit and X in investigations involving anonymous criticism of ICE tactics. The Verge summarized the reporting in similar terms.

    Age verification belongs in the same warning pattern. Child safety online is a legitimate policy goal, but systems that require identity documents, facial scans, third-party verification, or persistent proof of age can reduce the ability to read, speak, browse, or associate online without creating an identity trail. EFF has warned that age-check systems can become privacy infrastructure for everyone, not only children.

    The safe framing is narrow but important: when platform records, financial information, age checks, and identity-verification vendors can all be used to identify anonymous users, data minimization and legal-process rules become free-speech safeguards. Lawmakers should separate child-safety goals from systems that normalize persistent identity checks for ordinary lawful speech.

    “The makers of our Constitution undertook to secure conditions favorable to the pursuit of happiness. They conferred, as against the Government, the right to be let alone.”
    — Justice Louis Brandeis, dissenting in Olmstead v. United States (1928)


    Warning Signals

    These items point toward where surveillance systems, vendor platforms, identity infrastructure, and data governance may be heading next.

    Warning Signals section header

    Axon Watch: release notes are part of the oversight record

    Police-technology platforms do not remain frozen after purchase. Axon RMS June 2026 release notes include Records and Standards updates involving form rollback logging, validation, access-profile configuration, and Axon DataStore notes about physical-table read access for replication accounts.

    That is not a scandal or a breach. It is a governance signal. Product updates can affect records workflows, database replication, audit visibility, search behavior, and who can reach what inside a public-safety records environment.

    Oversight question: Does the agency provide elected officials with a periodic platform change log covering major software releases, enabled features, disabled features, database-access changes, audit-log changes, AI tools, and new integrations?


    LPR systems are moving toward broader signal correlation

    Leonardo’s ELSAG SignalTrace product shows where license-plate-reader ecosystems may be heading. The company describes a system that can collect electronic signals from phones, smartwatches, fitness trackers, RFID tags, Bluetooth, Wi-Fi, and vehicle components, then correlate those patterns with LPR data. Leonardo says the tool does not decrypt device content — but movement patterns can be inferred from the devices people carry, not just the plates on their vehicles.

    Why officials should watch it: A procurement described as “license plate reader” today may sit inside a larger vendor ecosystem tomorrow. Public review should cover roadmaps, integrations, and adjacent capabilities, not only the first device installed.


    Drone-first-responder programs are becoming routine infrastructure

    Drone-first-responder programs continue moving from special-use tools toward routine 911 response. San Francisco Police Department now exceeds 600 drone flights per month, Dallas launched a drone-first-responder program tied to a larger public-safety technology platform, and Coral Springs approved an Axon-linked DFR expansion through an existing agreement. Meanwhile, Ohio is debating warrant and equipment rules.

    Why officials should watch it: Drone programs can normalize faster than governance frameworks. The pilot stage is the best moment to define launch rules, livestream access, retention, evidence use, mutual-aid sharing, audit logs, and public reporting.

    Direction of travel

    This week’s signals point to a broader pattern: public-safety technology is becoming a platform environment. Plate readers can connect to device signals. Evidence systems can connect to records, AI tools, and partner sharing. Commercial location data can become intelligence. Online speech can become legal-process data. Drones can become routine response infrastructure.

    The safeguard question is not only what the tool does on day one. It is what the system can connect to next.

    “As with GPS information, the time-stamped data provides an intimate window into a person’s life, revealing not only his particular movements, but through them his familial, political, professional, religious, and sexual associations.”
    — Chief Justice John Roberts, Carpenter v. United States (2018)


    Safeguards

    Good safeguards usually start with less data and clearer boundaries.

    Safeguards section header

    Define access before deployment, not after the first complaint

    Before any camera, database, drone program, records platform, or evidence system is approved, the governing body should be able to answer in plain language: who can search this data? Can federal agencies reach it directly or indirectly? Can outside agencies search it? Can the vendor see, export, or reuse it? Can partner agencies receive alerts or shared results? If those questions do not have documented answers, the policy is not finished.

    Troy, New York’s model — written limits on immigration and First Amendment searches, nationwide-lookup restrictions, and mandatory audits before cameras stayed live — offers a useful template.


    Make the contract match the policy — and the software match the contract

    A policy manual is not a safeguard if the vendor platform ignores it. Purpose limits should appear in account permissions, sharing settings, role-based access controls, retention configurations, vendor support restrictions, and integration rules. The practical test is simple: if the policy prohibits a use, can the system still do it with two clicks? If yes, the policy needs technical enforcement.

    Axon RMS June 2026 release notes discussing physical-table read access for replication accounts are a reminder that routine product updates can change what a vendor can reach inside a records system — which is why contract language on data access should be reviewed at renewal, not just at procurement.


    Require audit logs that elected officials can actually read

    Audit logs should not be symbolic. Useful logs capture who searched, what agency they represented, what documented purpose they gave, whether a case number or legal process existed, what result was returned, and whether the data was exported or shared. Public audit reporting should protect sensitive investigative details, but it should still give elected officials and residents enough information to evaluate whether the system is being used as promised.


    Keep identity and movement data from becoming permanent trails

    Age-verification systems, account-linking tools, location analytics, ALPR networks, and device-signal systems should minimize data by design. A system built to answer a narrow question — such as whether a user meets an age threshold or whether a vehicle is connected to a specific investigation — should not create a permanent identity or movement trail. Good safeguards include short retention, no secondary use, no vendor reuse for advertising or product development, no unnecessary biometric or government-ID retention, and independent security review.


    Before approval, renewal, or expansion, ask:

    • What data is collected, and what data is deliberately not collected?
    • How long is it retained, and who can search it?
    • Can outside agencies, federal agencies, or immigration-enforcement agencies access it directly or indirectly?
    • What can the vendor see, change, export, or use for support, training, demos, or product development?
    • Are searches logged with user, agency, purpose, case number, result, and sharing activity?
    • Are audit results published in a usable public format?
    • Do the policy, contract, and system configuration require the same safeguards?
    • Who approves new integrations, AI features, sharing settings, or platform expansions?
    • What happens if the vendor changes the product after approval?

    Bottom line: The best safeguards this week are disciplined ones: define access before deployment, make the contract match the policy, make the software enforce the contract, log every search, publish usable audit results, and collect less data than the technology makes possible. Surveillance oversight works best when restraint is built into the system before the data becomes too useful to give up.

    “What a person knowingly exposes to the public, even in his own home or office, is not a subject of Fourth Amendment protection. But what he seeks to preserve as private, even in an area accessible to the public, may be constitutionally protected.”
    — Justice Potter Stewart, Katz v. United States (1967)


    Signals and Safeguards footer

  • Written Comment: Contract No. 2026-0327 — Axon Body-Worn Cameras, Fleet Cameras, and Tasers (BOCC, June 3, 2026)

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    Written Comment — Contract No. 2026-0327 — Bend Privacy Alliance


    To: Deschutes County Board of Commissioners
    Re: Contract No. 2026-0327 — Axon Body-Worn Cameras, Fleet Cameras, and Tasers
    Date: June 3, 2026
    From: Jonathan Westmoreland, Bend Privacy Alliance

    Commissioners Chang, DeBone, and Adair:

    I write in support of accountability tools for the Deschutes County Sheriff’s Office. Body-worn cameras, governed properly, serve the public interest. This Board knows that. What I am writing about today is what governing them properly actually requires — and what this two-page staff report does not address.

    The Legal Framework Has Changed Since This Item Was First Scheduled

    When the BOCC deferred Contract No. 2026-0327 on May 27, I submitted written comment identifying the absence of an ALPR policy as a threshold concern. In the two weeks since that deferral, nothing has changed on DCSO’s end. The agency’s published policy manual — available at sheriff.deschutes.org/about/administration/policies — has not been updated since September 23, 2025. It contains no ALPR-specific policy today.

    In that same two-week window, two Oregon statutes have come into force that bear directly on this contract.

    SB 1516 (Effective March 31, 2026) — ALPR Framework

    Oregon’s ALPR law is not aspirational guidance. It is mandatory statutory law.

    Oregon SB 1516 — Section 7

    Before deploying or using an automated license plate recognition system or captured license plate data, a law enforcement agency shall establish and publish policies and procedures governing that use — including authorized uses, data retention, access controls, audit requirements, and data sharing limitations consistent with the Act.

    SB 1516 further provides that after March 31, 2026, a law enforcement agency may not enter into a new contract with an ALPR vendor unless the agency and the contract comply with the Act.

    The fleet camera in this contract is the Axon Fleet 3. The contract also includes purchased licenses for Axon Auto-Transcribe (unlimited service, 105 units) and Axon Evidence Auto-Tagging (105 units) — software services that provide AI-powered analytics on footage, including vehicle and license plate recognition functions. These are active purchased line items, not future options. The staff report does not address whether these features will be activated or restricted, and no governing policy exists.

    Compounding this: the Service Level Agreement attached to this contract provides that firmware updates to Axon devices “are pushed from Axon Cloud Services” and “customer interaction is not required.” Axon can activate or modify device capabilities — including Auto-Tagging and Auto-Transcribe — through a firmware push at any time after contract execution, without a separate authorization from DCSO or this Board. No policy governing that capability exists today.

    SB 1587 (Effective June 5, 2026 — Today) — Data Broker Prohibition

    Oregon SB 1587, Chapter 96, prohibits public bodies from disclosing personally identifiable information to a data broker unless the data broker provides a written attestation that the information will not be sold or transferred to any entity to enforce federal immigration law. This law took effect today — the same day this contract is scheduled for a vote.

    I have reviewed the complete contract, including the Axon Cloud Services Privacy Notice attached as an exhibit. No SB 1587 attestation exists anywhere in this document. The privacy notice authorizes Axon to share data with “subsidiaries, legal entities, third party service providers and other partners” for product development, analytics, and security purposes, with no restriction on federal law enforcement access beyond what applicable law requires. The County should require a written SB 1587-compliant attestation from Axon — binding on Axon and its sub-processors — as a condition of contract execution.

    Vendor-Held Encryption — A Data Sovereignty Condition the Board Should Accept on the Record

    In a February 14, 2026 letter to Senator Prozanski and the Senate Committee on Judiciary, Oregon State Chief Information Security Officer Ben Gherezgiher confirmed that while Axon’s platform is built on FedRAMP-authorized Microsoft Azure Government Cloud and meets CJIS security requirements, Axon does not employ end-to-end encryption architecture. As a SaaS provider, Axon maintains encryption keys on behalf of its law enforcement subscribers — meaning DCSO would not retain encryption keys to its own data.

    The contract confirms this in structural terms. The Axon Cloud Services Privacy Notice attached to this contract designates Axon as the Data Controller — not DCSO — for all Non-Content Data generated under the contract. This includes device logs, usage patterns, system configurations, service interaction data, and application logs. For this entire category of data, Axon independently determines the purposes and means of processing. DCSO cannot direct how Axon uses it, restrict its disclosure, or require its deletion. Meeting security standards and controlling your own data are distinct conditions. The Board should acknowledge the latter explicitly and on the record before voting, not by silence.

    Additional Contract Findings the Staff Report Does Not Address
    Finding 1 — The Data Processing Agreement Is Missing

    The Axon Cloud Services Privacy Notice attached to this contract references “the Data Processing Agreement entered into between the parties” as the governing document for Axon’s processing of DCSO footage. That document is referenced twice as controlling. It is not attached to Contract No. 2026-0327. The Board is being asked to approve a $2.4 million contract that incorporates by reference a governing privacy document that is not before them.

    Finding 2 — Axon Can Push Firmware to All Devices Without DCSO Authorization

    The Service Level Agreement provides that firmware updates to Axon devices “are pushed from Axon Cloud Services” and “customer interaction is not required.” The SLA also requires that if remote access to DCSO’s environment is restricted, “Axon mandates the setup of a jump server or any other access solution” permitting Axon remote tools to access DCSO’s servers. Axon has contractual authority to push software changes to body cameras, fleet cameras, and Tasers, and to access DCSO’s network infrastructure, without a separate Board authorization.

    Finding 3 — Fusus Is an Active Service Under This Contract

    The SLA’s definition of “Axon Cloud Services” explicitly includes “FUSUS services.” Fusus is Axon’s real-time crime center platform — it aggregates surveillance feeds from cameras, sensors, and third-party data sources into a unified dashboard. The privacy notice confirms Fusus collects motion, event, temperature, and ambient light data from device environments, as well as traffic data, location data, and logs from platform users. The staff report makes no mention of Fusus. The Board should understand what it is authorizing.

    What the County’s Own Internal Auditor Found — And What DCSO Refused

    The December 2025 audit of DCSO’s existing body-worn camera program (Audit Report A0134, published December 1, 2025) is directly relevant to this vote. The Board is being asked to nearly triple the scope and cost of a program the auditor could not fully evaluate — because DCSO refused to provide access to footage.

    Scope Impairment — Audit Report A0134

    The auditor’s primary objective was to verify that deputies were recording interactions as required by policy. DCSO denied access, citing County Legal advice that internal audit review does not constitute a “legitimate law enforcement purpose” under ORS 133.741. No supporting documentation — no memo, no case citations — was provided. The County Internal Auditor could draw no conclusion about whether DCSO deputies are actually recording interactions as required. That gap is unresolved today.

    The staff report characterizes the audit as having “identified operational, regulatory, and policy improvements which cannot be met by the current vendor” — framing it as a procurement justification. That characterization omits the scope impairment, the refused footage access, and management’s formal written disagreement with the recommendation to publish program statistics publicly. The Board deserves the full picture.

    Beyond the scope impairment, the audit identified four substantive findings:

    Quarterly reports not published, preserved, or evaluative (Recommendations 1–3). Reports are issued internally but are not public, not preserved as evidence, and not designed to evaluate program effectiveness. Sheriff Rupert’s management response formally disagrees with the recommendation to publish these reports — the only outright disagreement in the entire management response. That is a stated policy position against public transparency, in writing, six months before this Board votes to expand the program significantly.

    Supervisor review not occurring consistently (Recommendation 4). In the July–September 2025 period, 42 percent of deputies had fewer than the two supervisor reviews per quarter required by policy added in March 2025.

    Information security controls fell short of CJIS standards (Recommendations 6–7). Password requirements, session lockouts, account setup, temporary access, and inventory controls all fell short. No policies and procedures manual exists for the camera information system. Resolution is targeted for June 30, 2027 — contingent on vendor selection. The vendor being selected is the subject of today’s vote.

    Public records requests resulted in zero releases (Recommendation 5). In the auditor’s sample of ten requests, no footage was released — primarily because redaction costs ranging from $86 to $2,315 per request led requesters to abandon them. The program is functionally opaque to the public.

    This Board is being asked to expand a program whose accountability mechanisms are incomplete, whose security controls are deficient by the auditor’s own findings, and whose management has formally declined to publish program statistics publicly. The audit’s unresolved recommendations are not a reason to reject this contract — but they are a reason to condition it.

    My Asks
    1. 1
      Require on-the-record confirmation, before voting, of whether the Auto-Tagging and Auto-Transcribe licenses included in this contract encompass license plate recognition or vehicle analytics functions, and whether DCSO intends to activate those capabilities.
    2. 2
      Condition any activation of fleet camera ALPR or vehicle analytics capability on the prior adoption of a written, published, SB 1516-compliant ALPR policy. This is not a discretionary request — it is what Oregon law requires.
    3. 3
      Treat ALPR activation as a Board-level policy decision requiring separate authorization, public notice, and a policy in place before deployment — not an administrative implementation decision. Note that Axon’s SLA permits firmware-based feature activation without customer authorization; the Board should close that gap contractually.
    4. 4
      Require Axon to provide a written attestation compliant with Oregon SB 1587 (Chapter 96, 2026) before contract execution, confirming that personally identifiable information stored on the platform — including through Axon’s sub-processors — will not be transferred to any entity for federal immigration enforcement purposes.
    5. 5
      Require the missing Data Processing Agreement to be provided, reviewed by County Legal Counsel, and made available to the Board before the contract is executed. The contract references this document twice as governing DCSO’s footage — it is not attached to the packet before you today.
    6. 6
      Direct staff to provide the Board with a written status report on all seven recommendations from Audit Report A0134 — specifically which are implemented, which are in progress, and which have been declined — before the expanded contract goes live.

    The community showing up today is asking this Board to govern this technology — not just purchase it. These asks are grounded in Oregon law, the contract itself, and the County’s own audit record.

    Respectfully submitted,

    Jonathan Westmoreland
    Bend Privacy Alliance