The Marshall County Commissioners voted Monday, October 19, to cover all six of the county’s Flock cameras within 14 days, moving forward with a previous decision after receiving guidance from the company.
County Attorney Sean Surrisi told commissioners that Flock had suggested using waterproof protective shoe covers to cover the cameras.
During the discussion, Surrisi warned that the Marshall County Prosecutor’s Office could potentially file a lawsuit against both the commissioners and county council over their authority involving the Flock contract.
He explained that such litigation would likely focus on who has the power to make decisions about the agreement, which the prosecutor entered into in December 2023 without the commissioners signing it.
Surrisi said he believes the county would ultimately prevail but acknowledged there is legal risk. A lawsuit could also seek an injunction preventing the cameras from being covered or requiring the covers to be removed. He expressed hope that the dispute would not end up in court.
Commissioner Jesse Bohannon made a motion directing the Highway Department to implement the covering method suggested by Flock within 14 days.
During discussion, commissioners noted that five of the six cameras are located in state highway rights of way. Surrisi said he did not anticipate legal issues with accessing those locations.
Commissioner Stan Klotz expressed concern about having the Highway Department carry out the work.
Bohannon responded, “I’d be willing to personally do it and take the risk myself.”
The bagging motion was made by Bohannon and seconded by Commissioner Adam Faulstich. Both voted in favor, while Klotz abstained.
In a separate motion, Bohannon moved to reject invoices for Flock services extending beyond December 31, 2026, following the County Council’s decision to eliminate funding for the cameras. The motion also allows payment of any remaining 2026 service charges for the prorated period between December 20 and December 31, if submitted.
Faulstich seconded the motion, which passed unanimously.
The cameras had not yet been confirmed covered at the time of the meeting.