VIENNA — The Maries County Commissioners on Oct. 1 approved 3-0 paying AQM $2,904 for preserving emails from 22 accounts for one year to comply with a Sept. 23 preservation request by retired …
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VIENNA — The Maries County Commissioners on Oct. 1 approved 3-0 paying AQM $2,904 for preserving emails from 22 accounts for one year to comply with a Sept. 23 preservation request by retired Sheriff Chris Heitman.
However, during the Oct. 5 meeting, the commissioners rescinded the motion 3-0 after County Clerk Rhonda Rodgers spoke with Prosecuting Attorney Tony Skouby.
According to Rodgers, Skouby said that the amount was a lot of money to pay AQM, but the county could offer Heitman to pay for the service if he wants.
“He said we did our obligation by sending the request out to everyone and letting them know to not delete and to preserve,” Rodgers said.
Heitman sent an email to the county, demanding that all documents, communication and evidence concerning Heitman and Sheriff Mark Morgan be preserved because litigation is “reasonably anticipated.”
This came after Morgan alleged Aug. 3 during the improperly closed session commission meeting that the “former sheriff and one of his former boyfriends or current boyfriend set up a police officer in the city of Belle.” County officials later corrected the closing by releasing a recording of the meeting.
Heitman denied Morgan’s allegations.
The commissioners approved that each department — the clerk, commission, treasurer and sheriff — would pay proportionate to the number of licenses with each office. For example, because the county clerk’s office has two emails, it will pay $264 for its two licenses from its budget. The cost from AQM is $132 per license per year.
The subscription Microsoft 365 Exchange Plan 2 includes a feature called litigation hold, which retains deleted items in a user’s account. The subscription is only available annually and cannot be prorated. But the county could receive a refund within 30 days.
However, Rodgers said that each office holder of each department must approve that expense out the respective budget.
When Morgan reviewed that his expense was $1,980 for 15 licenses, he said that he wanted to first obtain a written explanation from AQM. He would then review with his lawyer if that expense is necessary.
“I’d be okay with it if it’s a couple hundred bucks, but mine’s almost two grand,” he said. “That’s a significant expense for my office.”
Morgan later said Oct. 5 that he agreed with Skouby’s recommendation and didn’t need to pay his lawyer to research the issue.
Morgan explains Flock cameras
Morgan also updated officials on the status of the Flock cameras coming to Maries County.
These are automated license plate readers that record the vehicle’s plate number, make and model for a limited time. The purpose is to create leads on investigations of kidnappings, stolen vehicles and missing persons. Data that has not been requested is deleted after seven days by default, according to Flock’s website.
The sheriff’s office plans to install a camera on Highway 63 near Vichy and Highway 28 near Belle. While the cameras are not yet installed, Morgan has access to the database. Agencies can choose to share information with each other. Morgan said that he believes the office will share with other agencies throughout Missouri that share footage with Maries County.
Morgan has faced backlash from users on Facebook for implementing Flock cameras when privacy concerns have spread nationwide. Anonymous community Facebook accounts have asked residents to share their concerns at the Oct. 15 commission meeting at the Maries County Courthouse.
Heitman sent the county a letter Oct. 1, expressing his concerns about Morgan overseeing the surveillance system. He also said that Morgan does not have the legal authority to enter contracts on the county’s behalf — the commission holds that authority.
Before Morgan entered the room, the commissioners reviewed the June 9 invoice, detailing the $13,300 cost. The invoice mentions a 24-month contract between the county and Flock. Each camera was $6,000 with a $650 fee labeled “Professional Services – Standard Implementation Fee.”
Morgan said that the minimum commitment was two years, which was paid for with grant money, and at the end of the term, he will not renew the contract if the county can’t afford it.
A handwritten note on the invoice indicates the contract was paid for with the Blue Shield Grant, and all three commissioners approved the payment June 18. The attached stub indicates the check was cut June 25.
Morgan said there is much misinformation spreading about the Flock cameras and that these cameras have been used for years. He compared the cameras to security cameras and said that the sheriff’s office requests footage from local businesses to create leads.
As technology changes, Morgan said he is trying to give his officers more tools.
“As a law enforcement officer, I’m trying to equip my people with very legal and ethical tool that I can possibly equip them with, and I understand it’s controversial,” Morgan said.
He recalled a case in which law enforcement were challenged for using binoculars because they were unfair and a “technological advantage.”
He also clarified that the data belongs to the sheriff’s office and is not sold to third parties. He believes that rumors that data has been sold and “ended up in China” is false. He is coordinating with Flock for a representative to be at the Oct. 15 commission to answer questions.
Morgan explained that these cameras are not red light or speeding cameras, which he opposes. He said that the cameras are designed to take photos of the rear license plate, not front-photos for facial recognition.
“That’s just more misinformation on the good old internet,” he said.
Rodney Southard, Eastern District commissioner, asked if someone could request the data, but Morgan said that he doesn’t believe one can request it through the Sunshine Law.
Southard also mentioned the murder of his cousin Susan Brouk and her children Adrian, 12, and Kyle, 9, as an example. On Feb. 1, 1998, Mark Christeson and his cousin Jesse Carter stole Brouk’s Ford Bronco and killed the victims at a pond near Vichy, according to a Jan. 31, 2017, CBS News article.
The cousins drove to Southern California and were caught eight days after the murder by a Riverside County detective, who recognized them from circulated photos.
“If we’d had a Flock camera, it might have caught it,” Southard said. “And when you’re a family member, that’s a long time.”
911 scheduling
In other business, the commissioners also discussed scheduling dispatchers until the Maries County Emergency Services Board hires a 911 director. Rodgers said the board said that it was the county’s responsibility until then.
Nicole Bexten, who has been scheduling the dispatchers, recently resigned as the 911 supervisor, but Morgan said that she could possibly handle scheduling in her new role as jail administrator. Morgan also said Liz Thornton, former 911 director, could also possibly create the schedules.
During the Oct. 5 meeting, the commissioners approved 3-0 to appoint Bexten as the interim supervisor until the 911 director role is filled.
The commissioners Oct. 1 also discussed equipment needs as the board aims to move the dispatch center from the courthouse.
Morgan said that Allan Pollreisz walked through the dispatch center and that the board is trying to figure out what can be disconnected. Morgan speculated that the board may be trying to find new equipment for at least one station, and he said that he thinks the operation transition would be at least 48 hours.
Vic Stratman, presiding commissioner, suggested contracting with Osage County for the downtime. Morgan said that he thinks the city of Rolla and Osage County may have the ability to set up a mobile dispatch center.
Another concern that Stratman mentioned was that since the equipment was old, it may be obsolete after a year, limiting what equipment could be transferred from the courthouse to the new dispatch center.