A day after Marshall County commissioners voted to cover Flock automated license plate readers, Marshall County Prosecutor E. Nelson Chipman Jr. has issued a cease-and-desist letter demanding they not move forward with the decision.
In a letter dated Tuesday, October 20, Chipman addressed the Board of Commissioners over its October 19 vote, calling for an immediate halt to the planned covering of six Flock cameras.
Chipman said the six automated license plate readers are leased to him in his official capacity as prosecuting attorney of the 72nd Judicial Circuit. He maintains that Marshall County government is not a party to the contract.
The prosecutor took issue with the commissioners’ decision to “bag and tag” the cameras, arguing that covering them would effectively disable privately owned equipment without due process.
Chipman described the commissioners’ approach as “tyrannical” and accused them of failing to explore less intrusive alternatives before making their decision.
He also argued that the action would interfere with the contractual rights of his office and the equipment vendor, emphasizing that he has repeatedly told county officials that Marshall County government is not a party to the lease agreement.
The letter includes a warning that his office may take additional action if commissioners proceed with covering the cameras.
“Should you fail to abide by this demand to cease and desist the threatened seizure of private personal property leased to the 72nd Judicial Circuit, I shall have no choice but to consider my Office’s further reactive options, including self-help,” Chipman wrote.
The prosecutor did not specify what those additional actions might involve.
The letter was addressed to the Board of Marshall County Commissioners through County Attorney Sean Surrisi, with copies sent to the county auditor and Commissioners Stan Klotz, Jesse Bohannon and Adam Faulstich.
To read the full letter, see the image attached to this article