FORT WAYNE, Ind. (WOWO) — As Fort Wayne prepares to decide the future of its Flock license plate reader system, a top Indiana Fraternal Order of Police official says the state needs legislation establishing clear rules for how the technology can be used by law enforcement.

Mitch McKinney, vice president of the Indiana State Fraternal Order of Police and a retired Fort Wayne Police sergeant, joined Fort Wayne’s Morning News with Kayla Blakeslee for an exclusive interview on Friday and says the FOP is already working on the issue with its executive board, lobbyists and other law enforcement organizations.

McKinney says he wants legislation that protects both the public and law enforcement officers who use automated license plate readers as an investigative tool.

“If you decide that you want to use this investigative tool in a negative way, then that should be a criminal penalty for law enforcement,” McKinney said during an interview on Fort Wayne’s Morning News.

McKinney argues that the technology should not be viewed primarily as a surveillance system, but as an investigative tool that officers use after information about a crime or suspect is entered into the system.

He says Fort Wayne officers are already subject to policies and auditing when they access the system, but believes those protections should be established in Indiana law.

“We need legislation built that, number one, it protects our officers,” McKinney said.

Fort Wayne currently has 36 Flock cameras. The City Council is scheduled to vote Tuesday, August 25, on whether to renew the city’s contract with Flock Safety. The one-year contract is valued at $120,000.

The Flock debate has centered on the balance between law enforcement’s ability to investigate crimes and concerns about privacy and the collection and sharing of vehicle-location data.

McKinney says those concerns should be addressed through legislation rather than eliminating the technology altogether.

He also pointed to cases around the country in which officers have allegedly misused license plate reader systems, saying those cases demonstrate why stronger legal consequences are needed.

“No one hates a bad cop more than a good cop,” McKinney said.

Under McKinney’s proposal, improper use would move beyond an internal police disciplinary matter and potentially become a matter for the courts.

“Having it in legislation takes it out of the hands of internal affairs where it gets handled in house,” McKinney said. “It gets handled by the courts.”

McKinney says the Indiana FOP is discussing the issue with its lobbyists, attorneys, state lawmakers and the Indiana Association of Chiefs of Police. He says mayors will also need to be part of the conversation.

He did not provide a specific bill number or legislative language during the interview, but said the FOP wants to begin working with state lawmakers now to determine whether legislators are willing to sponsor legislation.

“We need to get our hustle on with the lobbyists, put things together, talk to our attorneys, talk to our state House reps, talk to our state senators and say, is this something you’re willing to pick up and author right now?” McKinney said.

McKinney also does not believe cities need to wait for state legislation before establishing their own rules.

He said Fort Wayne and other Indiana communities can adopt local restrictions governing license plate readers, as long as those ordinances do not conflict with eventual state law.

Fort Wayne police have maintained that Flock is an investigative tool used to help identify vehicles connected to serious crimes, stolen vehicles, wanted people and missing persons. The department says its policies prohibit general surveillance and automated traffic enforcement.

The department also recently ended a trial of Flock’s audio detection technology and decided not to continue using that system. The license plate reader contract remains the subject of Tuesday’s City Council vote.

McKinney says he believes the answer is stronger oversight rather than abandoning the technology.

“I just don’t want to see a positive investigative tool go away off of national fear that’s been brought here,” McKinney said.

The Fort Wayne City Council’s August 25 vote comes as residents on both sides of the issue continue to voice their concerns. Public comments have focused largely on privacy, data access and how information collected by the cameras can be shared, while law enforcement has emphasized the cameras’ role in criminal investigations.