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SPENCER — In two weeks, Selectmen in Spencer will consider a new policy on automated license plate readers as the issue of Flock cameras has generated debate across Massachusetts and the country.
On August 31, Police Chief Michael Befford and Lt. Patrick Waugh clarified that unlike stationary Flock cameras that collect and share broad data whether or not a crime has been committed, the Spencer police department has two cruiser-mounted license plate readers funded by a 2021 federal grant.
Befford said the technology was placed in one cruiser in 2022 and the second is in a box awaiting installation into a new vehicle.
The police chief explained the plate readers are manufactured by Leonardo ELSAG and described them as “an investigatory tool.”
“It’s just a tool, it doesn’t solve the crimes for us, but it’s a tool,” Befford said. “With proper policies and procedures and rules on investigators, on how to use the cameras, and what to use the cameras for, they work.”
Because of all the controversy about the cameras, the police chief said the department has taken a step back from searching the stored data. It is only used, Befford said, when the cruiser is on patrol and it gets alerts indicating a license plate matches with something on a hot list.
Examples would be for stolen vehicles and missing persons. The police chief said just because an alert goes off does not give police the authority to go stop a car.
Instead, police officers must first do their “due diligence,” to ensure the information displayed to them is actually the vehicle they passed or located behind them.
Errors happen, Befford said, such as the readers picking up license plates in other states or garbage cans on the side of the road.
The police chief said the cruiser camera only takes photos and not video.
Waugh explained that the collected data stays within the Spencer police department.
Befford added the information is only available inhouse for 30 days before it gets refreshed. Other communities do not have access to it.
He said, “I believe we’re going in the right direction,” in collaboration with the Massachusetts Chiefs of Police Association in formulating a standardized policy that puts auditing, retention, training and data sharing/collection requirements in place.
Selectman Christopher Woodbury had asked the topic be put on the agenda during a previous meeting. He said then for as long as he was on the board, there would not be stationary, mounted plate readers in town.
“I have some constitutional concerns about this, period. Fourth Amendment…stuff like that,” Woodbury said. “I definitely think this is going to be challenged in the court of law.”
Befford said there are already court challenges “especially up in our area.”
Chris Woodbury noted there is a difference between a cruiser-mounted reader while officers are out physically patrolling versus just one set up on Main Street. That sentiment was echoed by his fellow board members
Vice Chair Jonathan Viner said there can be advantages to cruiser-mounted plate readers—using an example on the Mass Pike involving an Amber Alert and a vehicle carrying a kidnapped child.
“When there is an officer with discretion involved with the process…it is a tool that has benefit,” Viner said.
Befford said the policy being drafted is approximately 60-70% complete and should be done in a couple of weeks and run by the union before coming back to the board.
The police chief reiterated the policy is strictly for cruiser-mounted cameras and for criminal, not civil cases. “Our data is our data. It is not shipped anywhere,” he said.
Chris Woodbury noted, “I have the upmost confidence in your leadership and everyone on that force to do the right thing.”
He called the Spencer police department “one of the best in the area,” and said his concerns are no reflection on their work.
Selectman Jared Grigg asked about creating a bylaw amendment to address opposition to stationary plate readers. He said one would be necessary because a policy could be overturned by future boards. This way, Grigg said, it would have to go back before Town Meeting if a change was proposed in the future.
It is a way to ensure, “people have their say,” Grigg added.
He said he is opposed to automatic speed cameras as well and asked that language about use of those be included in a bylaw amendment.
Town Administrator Jeff Bridges noted that the town has measures it can put in place about stationary license reader cameras until Town Meeting can vote on a bylaw amendment next spring.
Auburn, Douglas, Grafton and Southbridge are among the communities that have suspended use of Flock cameras.
