Clay County Board of Commissioners held a regular meeting on Thursday, July 16, with an agenda that included citizens with questions and concerns on Flock Safety license plate readers, and the sheriff's office law enforcement officers explaining how these systems are used and legal and constitutional limits that govern them. Clay County Attorney Merinda Woody also sited case decisions on freedom of information to the board and public present.
Chairman Rob Peck's opening statement was prelude to the meeting's agenda. “The Clay County Board of Commissioners recognizes both the constitutional rights of every citizen and the importance of effective law enforcement in protecting our community. We don't believe these are mutually exclusive. The board strongly supports the United States Constitution, the North Carolina Constitution, individual liberty, due process, and the Fourth Amendment's protection against unreasonable searches and seizures. At the same time, the board recognizes that modern law enforcement must continually adapt to evolving criminal activity by responsibly utilizing lawful investigative technologies.
“We want to make it clear that the Clay County Board of Commissioners recognizes and respects the office of sheriff as an independently elected constitutional office under the laws and Constitution of the State of North Carolina. The sheriff is vested with the authority and responsibility to establish law enforcement policies, supervise personnel, and conduct criminal investigations. We do not set law enforcement operational policy, supervise deputies, direct investigations or tell the sheriff how to to conduct criminal investigations. Numerous North Carolina appellate decisions recognize the sheriff's independence from county government regarding law enforcement functions and this distinction matters because even if county funds paid for contracted services relative to FLOCK, operational control remains with the sheriff.”
Peck said that he wanted to be clear that nothing in the meeting's discussion should be interpreted as an attempt by the board to direct or interfere with those responsibilities and that the purpose of the meeting was straightforward.
“As the governing body responsible for appropriating public funds and representing the citizens of Clay County, we believe it is appropriate to provide an opportunity for the public to better understand the license plate reader technology currently being utilized by the sheriff's office, how it is used, what safeguards are in place to protect constitutional rights and personal privacy and how this technology contributes to public safety,” Peck said.
Shane Smith requested to be placed on the agenda to voice his concerns as a citizen regarding these emerging technologies and was allotted ten minutes to address his remarks to the board.
Smith said that he was at the meeting because he had found two cameras within about a mile of his home and his concern was what was this product's capability. Smith said that with his military experience and work as as software project manager he has a pretty good understanding of how this works.
“I'm here because I like my privacy and I'm enjoying my second stage in life,” Smith said. “I love the sheriff's office. I have friends in law enforcement.” Smith said that the sheriff's office has been very open, not with official documents, and met with Lt. Tyler Faggard and Sheriff Mark Buchanan.
In Smith's remarks to the board he stated his understanding of the license plate reader's capabilities is that the reader can identify a human being and using AI can identify whether they are male or female and identify what their race is and subsequent object nodes which will be identified in clothing, jackets, pants, shorts, hats, et cetera. Smith said that is a lot of information for a license plate reader and that's why I'm here.
The commissioners' meeting allowed the sheriff's office and law enforcement officers the opportunity to explain how the systems are used, the legal and constitutional limits that govern them, and the policies and procedures that ensure responsible use.
In explaining the technologies used by the office of the sheriff, the information collected with the cameras differs from automated traffic enforcement cameras used in some other states. The information collected is for stolen vehicles, missing persons, violent crime, AMBER Alerts, et cetera. Constitutional safeguards are in place such as probable cause and reasonable suspicion, and further, FLOCK license plate reader collects only the rear of the vehicle and license plate.
Officer Bruce Moore addressed the questions of accountability. The office of the sheriff maintains written policies governing the use of FLOCK and Leonardo systems, stating that policies, training, audits and discipline for misuse are in place, and that, to date, there has been no misuse of the systems.
Moore said that recently they were able to reconnect an elderly gentleman who without FLOCK would not have been located. “Fortunately, he was located in South Carolina and returned home safely.”
Woody sited a United States Supreme Court case supporting the legality issue: United States v. Knotts (1983); and in the Federal Courts, Schmidt v. City of Norfolk (Jan. 2026) holding that License Plate Reader (ALPE) programs like Flock Safety do not violate the Fourth Amendment.
The meeting's agenda included:
• Resolution Honoring Chief Deputy Todd Wingate
• Announcement of a Community Paramedic Grant
• Order of Collection - Charge to the Tax Office to Collect 2026-2027 Ad-Valorem Taxes
• Minutes, tax refunds approved
Commissioners did not call for an Executive Session and commissioners adjourned.