Commisioners vote to "bag & tag" county's 6 Flock cameras, keep contract in place

After hearing from law enforcement officials, a representative from the Institute for Justice, and 19 county residents, the Marshall County Commissioners voted 2-1 Tuesday evening to "bag and tag" the county's six Flock cameras while keeping the contract in place — pausing the cameras' use until the new sheriff and prosecutor can develop regulations for their operation.

The special meeting, held at the County Building, featured remarks from current Sheriff Matt Hassel and Sheriff-elect Les McFarland, County Prosecutor Nelson Chipman and Prosecutor-elect Joe Morris, along with a representative from the Institute for Justice. Those conversations took nearly an hour, leaving the remaining hour for public comment.

A total of 19 county residents spoke on the Flock issue, with six speaking in favor of the automatic license plate readers and 13 opposing them. Two letters of support were also added to the minutes.

After hearing from all who wished to speak, the commissioners began their own discussion.

Commissioner Stan Klotz said he has heard about the will of the people, but for him, it calls for an election. "We have elected officials, and for me, I want to hear what they have to say," Klotz said. "This is not for or against Flock. If we've elected people to keep us safe, it's only a courtesy we listen before we make a rash decision." He noted that the state legislature is expected to take up the issue next year, creating guidelines and establishing a level playing field.

Commissioner Adam Faulstich identified three key issues: safety versus liberty, the separation of powers with the prosecutor's office, and new elected officials having the opportunity to do what they think is right.

"This is the most American topic we've had in a long time because it is not divided along party lines," Faulstich said. "It is concerned people, and everybody has a good point."

Faulstich noted that the county has no authority over the cameras operated by other towns and cities within the county. He suggested giving the new sheriff and prosecutor time to put regulations together for the use of the cameras, acknowledging that the contract may become a legal battle. He said that until protocols are in place or a solution comes from the state, he doesn't want the county's cameras being used. However, he prefers that the cameras stay under the county's control, that a contract remains in place, and that the available technology is retained. By maintaining the contract, he said, the county keeps control of those six cameras.

Commissioner Jesse Bohannon said he fears state legislators will drag their feet on the issue. He said he took an oath to defend the Constitution and to apply his independent judgment on whether contracts the commissioners sign align with the Constitution.

Bohannon cited a court case in Oklahoma where the use of Flock camera evidence was suppressed, and he also referenced five Indianapolis officers who were disciplined for misusing Flock cameras.

Bohannon noted that the county council voted to defund the Flock cameras, and he believes their determination is final.

Klotz countered that a large amount of drug trafficking has been intercepted in Marshall County because of the Flock cameras, and he doesn't want to see those drugs on county streets.

Faulstich made the motion to bag and tag the six county cameras and leave the contract in place, giving the new prosecutor and sheriff time to create and implement regulations for the use and storage of data. Bohannon seconded the motion, and it passed 2-1, with Klotz voting against the process of putting bags over the cameras.

A second motion was made not to remove the bags from the cameras until the commissioners vote on the decision.

County Attorney Sean Surrisi suggested not taking immediate action to bag the cameras until the county can have a discussion with Flock about the impact on the county.