Referendum on Flock cameras in Sullivan a no go

BLOUNTVILLE — A referendum to let Sullivan County voters decide the long-term fate of license plate reading Flock Safety cameras apparently is not allowed by Tennessee law applicable to the county. Sullivan County Sheriff Jeff Cassidy Monday in a statement said because of pushback about use of the cameras, he was ending their use immediately. However, he suggested a referendum could decide the matter. Sullivan County Commissioner Gary Stidham, who has introduced a resolution before the 24-member commission for consideration at the Thursday evening meeting, said he's been told such a referendum can't occur under Tennessee law applicable to referenda in Sullivan County, but that he still plans to withdraw his resolution since the sheriff has ended use of the cameras. "You can't do a referendum on that," Stidham said Tuesday evening after checking into the matter. "The resolution is being withdrawn," Stidham said Wednesday of his measure, which would pause the contract renewal until appropriate "guardrails" are put in place for Flock-type cameras at the state or local level. "The sheriff has said he's not going to use them (licenses plate-reading cameras)." SHERIFF'S RESPONSE Sheriff's office Public Information Officer Andrew McClung referred a question about the referendum to Cassidy's statement Monday, available online at https://www.scsotn.com/newsroom/6a836d78cdb15be38404bcc4 and the subject of a Tuesday Kingsport Times News article. "From the sheriff's office's perspective, I can confirm that no deputies are currently using any of our 10 license plate reader cameras. Our patrol captain also went through Monday and disabled access to all of our cameras. Additionally, no law enforcement departments across the United States currently have access to these cameras," McClung wrote in an email. In a county like Sullivan, which is a "constitutional" local government, a referendum under state law can be held on sales taxes, wheel taxes, annexation by cities, general obligation bonds, liquor by the drink and wine sales in grocery stores. However, in "home rule" local governments, including Johnson City and Nashville in Tennessee and other metropolitan governments, some additional referenda can be allowed. Also, a private act could be enacted to allow referenda on other issues in a county such as Sullivan. A vote on consolidated or metro government, which has failed three times in Sullivan County over the years, also can be held but under law can be done only after a series of requirements are satisfied, including a study on the cost, benefits and drawbacks of consolidation. "For a referendum to be held, it must be authorized or mandated by statute," according to information online by the Tennessee Technical Assistance Service concerning referenda. "The county legislative body does not have a general power to submit questions; the body has power only to submit questions to the voters that have been granted by general law or private act. Certain questions are required by law to be submitted to the people in referendum for their approval or disapproval. In a referendum election held by a local government, any question submitted to a vote of the people shall be printed on the ballot followed by the words 'yes' and "no." The law requires that the language of the question must be worded on the ballot so that a 'yes' vote indicates support for the measure and a "no" indicates opposition to the measure." This is online at https://www.ctas.tennessee.edu/eli/referenda and based on Tennessee Code Annotated 2-5-208. "I don't know if the legislature would approve anything (about a Flock referendum) in a private act," Stidham said. He said that would tend to undercut the representative form of government by opening up a Pandora's box of referenda requested via a private act. Stidham said Thursday he will address the commission and public during public comment saying the cameras are no longer being used and his resolution will be withdrawn. SULLIVAN DEBATE The debate and discussion on the Flock cameras, which is otherwise set for an automatic contract renewal in January of 2027, began in the county when Stidham introduced a resolution putting Flock on notice the commission did not intend to allow the contract to renew. Stidham said he introduced the resolution because he was the one who sponsored the Flock resolution, but since has learned of concerns about privacy and misuse of data collected by Flock on behalf of the sheriff's office. In arguments alleging the the cameras are an intrusion on privacy, violating the 4th Amendment to the U.S. Constitution protects people from unreasonable searches and seizures by the government, Commissioner Joe Carr of Kingsport at the Aug. 13 commission work session quizzed Flock spokesman "Alex," who later declined to give his name because of threats. Carr eventually said the CEO of Flock should be hanged for treason, sparking an immediate rebuke by commission Chairman John Gardner, a commissioner from Kingsport. "I believe that Flock right now is one of the most hated companies in America. They are one of the most corrupt companies in America," Carr told the representative after questioning him during the other man's presentation to the commission. "Quite franklly, sire, I don't think we can make America great again without hanging your CEO publicly for treason." Since then, Cassidy said he, his family and employees have been berated over the Flock issue, which Stidham said seems to have most people at polar opposites with no middle ground. Carr and Commissioner-elect Lakie Derrick of Kingsport, the later who spoke during public comment, said they favored doing away with Flock cameras and those type of devices completely instead of possibly keeping them with the "guardrails" the Stidham resolution mentions. Stidham, the apparent new District 2 state House member who faces no opposition in the Nov. 3 general state election, said multiple lawmakers in Nashville plan bills concerning license plate-reading cameras. In addition, U.S. Rep. Tim Burchett, R-2nd, has said he will introduce legislation to ban using federal money for such cameras, and Knox County Mayor Glenn Jacobs has said use of the cameras should be ended or at least paused. Stiham said he plans to speak during public comment Thursday to tell the audience he is withdrawing the resolution and the sheriff has agreed to end use of the cameras. The meeting has more than 31 resolutions so far, plus some appointments, and the body is to honor the retiring County Mayor Richard Venable and County Attorney Dan Street. Also, 12 commissioners are not returning to the 24-member body. The new commissioners and a host of county elected officials will formally take office Sept. 1. The meeting is in the historic Sullivan County Courthouse, 3411 Highway 126 in downtown Blountville, and starts at 6 p.m.