BRUNSWICK COUNTY, N.C. (WECT) – Three days after a former Brunswick County Sheriff’s Deputy was charged with allegedly misusing the Flock system, County Commissioner Pat Sykes is raising concerns about archived Flock system records and a potential state law violation.
Former deputy Daniel Little was charged Monday. He faces six counts of misusing an automated license plate reader (ALPR) system. The indictments filed against Little allege between February and August, he used a county-issued cellphone to access the Flock system and obtain information on several different license plate numbers “without legitimate law enforcement purpose.”
Sykes said the arrest shows the Flock system needs stricter oversight in Brunswick County. She said she has questions about the sheriff’s office’s Flock policy, amount of training deputies have received, and why 145 system records were archived and then hidden the day before a state investigation into the former deputy was revealed.
“The sheriff has basically failed his men and women in the sheriff’s office by not having training, the policy in place to support the Flock cameras,” Sykes said.
Through a spokesperson, the sheriff declined an interview for this story. The sheriff’s office posted a statement to social media on Oct. 7, saying it will allow the justice system to proceed after Little’s arrest.
“This is a disappointing situation, and one we have taken seriously from the beginning,” the sheriff’s office wrote. “We have a responsibility to ensure that law enforcement technology is used appropriately and in accordance with our policies. Those policies are clear, and we will continue to enforce them and address any misuse appropriately.”
At a September meeting, Sykes clashed with Sheriff Brian Chism over the cameras. While the sheriff, like many law enforcement officials, has said the cameras are an important investigative tool, Sykes said she has privacy and Constitutional concerns.
During the meeting, Sykes asked Sheriff Chism how many deputies were “abusing the system.” The sheriff responded it was just the one employee, who they “caught” with their own internal audit. Sykes indicated she believed there were more deputies.
On Sept. 1, the sheriff had announced an unnamed former deputy was under state investigation for alleged Flock system misuse, and noted that employee had resigned after an initial internal affairs investigation.
Little resigned on August 18, according to public records obtained by WECT Investigates. That same day, a Flock system “audit assistance” feature was enabled, BCSO records show. According to the company, that feature “detects abnormal activity and flags it for Administrator review.” It’s unclear if it had been turned on previously, and why, exactly, it was enabled that day.
After that Sept. 1 announcement, the sheriff’s office launched an online Flock “transparency” portal. It links their ALPR policy, which is dated as last revised and reviewed on Sept. 1.
According to state statute, agencies using an ALPR system must have a written policy before the system is operational.
No previous version of a policy has been made public, including in a State Bureau of Investigation report on their pilot program, which was sent to lawmakers in April.
The Brunswick County Sheriff’s Office had participated in the pilot program, according to the report, but despite some other participating agencies’ policies being included in the report, BCSO’s wasn’t. When reached Thursday, an SBI spokesperson said they were working on getting clarity for why Brunswick County’s policy wasn’t included in the report.
Sykes said she’s concerned the sheriff’s office may have not had a policy until September.
“I am concerned as a county commissioner,” she said. “I’m concerned that state law has not been followed.”
The online portal also includes audit records.
WECT reviewed an event log, which on first glance included limited information. But after changing the font type on one column, “Entity Details,” the spreadsheet revealed 145 Brunswick County Flock records had been internally flagged as “needs review.” Nearly 20 different people are included in those records, though Little isn’t. It’s unclear if the records are just searches, or other types of Flock records.
The records show all 145 flags were archived on Aug. 31. The next day, Sheriff Chism publicly revealed the alleged misuse investigation.
“I have a major concern there. Nothing should have been deleted, in my personal opinion. Why would you archive anything, or delete anything, until after the investigation?” Sykes said.
Based on the initial spreadsheet, Sykes said she believes the records were never supposed to be seen.
“That kinda tells me there’s more that have done something wrong,” Sykes said.
Sykes is now considering introducing a motion to end the county’s contract with Flock, though she said she’s unsure if she’d have the support for a vote to pass.
Other county commissioners didn’t respond to requests for comment Thursday.
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