"Auditor declines to sign city's contract with Flock Group, Inc." 17 February 2026

Below is a letter sent from Auditor O'Brien to Denver Police Department Chief Ron Thomas on Feb. 17, 2026. Mayor Mike Johnston and all 13 City Councilmembers were CC'd on the letter.

Dear Chief of Police Thomas:

I have concluded my charter-mandated review of the city’s contract with Flock Group Inc. and I am not signing the contract.

The Denver Charter requires me to ensure:

• No liability is incurred with a contract.
• No money is properly disbursed under a contract.
• No property of the City and County of Denver is disposed of contrary to law.

I cannot sign the city’s contract with Flock Group Inc. because I have determined it incurs a risk of liability for the city.

Personally identifiable information collected by the Denver Police Department through Flock surveillance is at risk of being shared with other law enforcement agencies or municipalities. This risk conflicts with language in Denver’s contract with Flock Group Inc. — creating liability for the City and County of Denver.

My review of this contract was unnecessarily delayed. I requested documents from other city departments but often waited weeks for delivery. Many documents arrived with critical information redacted. I was told I was not privy to certain documents, requiring me to explain my duties as Auditor before finally receiving the necessary information to conduct an appropriate review of the contract.

The Auditor serves as an important check and balance on city government. Countersigning contracts is a critical safeguarding function to protect the city. I take this role seriously and will continue to review contracts with full due diligence, as the people of Denver deserve.

Sincerely,

Timothy M. O’Brien, CPA
Denver Auditor