Porter County Prosecutor Gary Germann has reconsidered his stance regarding a sheriff’s deputy’s misuse of the Flock camera system and is now requesting a special prosecutor to assess the case. Earlier this week, Germann announced that the deputy, who misused the License Plate Reader System on three occasions, would not face criminal charges. He has since decided to refer the investigation to an external authority.
In a statement to the Post-Tribune, Germann acknowledged the necessity of a second opinion, noting, “While we can all agree that law enforcement’s actions in this case were improper, I now believe the issue of whether those improper actions rise to the level of criminal conduct should be evaluated by another prosecutor.” His statement underscored increasing scrutiny over the Flock License Plate Reader system due to privacy concerns.
Mismanagement of the system has resulted in Chesterton Police Chief Tim Richardson suspending and later accepting the resignation of an officer involved in a similar misuse. Furthermore, Portage Mayor Austin Bonta announced a meeting scheduled for September 14 to discuss the city’s contract with Flock, which is set to expire at the year’s end. The meeting aims to address how the cameras function, their intended use, and existing policies within the Portage Police Department.
Law enforcement officials, including Germann, Richardson, and Porter County Sheriff Jeff Balon, agree that the cameras are instrumental when utilized correctly, but stress they should not serve private purposes. Sheriff Balon emphasized accountability, stating that officers using License Plate Readers inappropriately would face consequences.
“However, as with any law enforcement tool, if they are used inappropriately, we will hold our Officers accountable for their misuse,” Balon elaborated.
Balon supported Germann’s decision to call for a special investigation, ensuring cooperation with the process: “I will provide any and all information to the special prosecutor that is requested within the scope of the law, just as I have always done with the Prosecutor’s Office.”
Germann appointed Jasper County prosecutor Jacob Taulman as the special prosecutor, as ordered by Porter Superior Court Judge Rebecca Buitendorp. Germann explained that public dissatisfaction with his initial decision prompted a reevaluation.
“I readily admit that it was indeed a mistake for me not to have a special prosecutor appointed from the outset,” he expressed, offering apologies for not considering the option sooner.
Further details emerged from Balon’s August 28 release, indicating the involved officer had faced disciplinary measures, including a demotion, suspension without pay, an indefinite suspension from using the Flock system, and required ethics training. This action followed Balon’s internal investigation, revealing that the officer accessed the system three times under his credentials over several months.
Germann clarified that, despite the officer’s inappropriate conduct, no crime was committed. He emphasized that the Porter County case contrasts sharply with a Jackson County incident involving a former deputy misusing the Flock database over 2,000 times.
Balon initiated an internal affairs investigation after a citizen complained about their license plate being improperly run through the Flock system, which violated departmental policy. Following the investigation, Balon confirmed that policy was breached, though the violation occurred under a previous version of the Flock usage guidelines.
Alterations to the policy have since been implemented, including mandating a case number and reason for each search conducted using the Flock system. These updates form part of enhanced oversight measures, such as utilizing Flock’s Audit system, which employs Artificial Intelligence to flag suspicious or concerning searches for review.
According to Balon, these safeguards provide additional layers of oversight and accountability for the use of the Flock system.
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