Funding for the new equipment purchases was allocated in December, but the system, which was to go live in August, won’t be ready until November due to supply chain issues, Stillwater Emergency Management Director Rob Hill said.
Councilors unanimously approved a plan presented by city staff during Monday’s meeting. While councilors all agreed to the City and Police Department’s reasoning for encryption, some raised concerns about whether the new system provided enough access for journalists and News Press publisher Rob McClendon said during public comment ahead of the hearing that the News Press would like to maintain its current level of access to radio transmissions.
McClendon told councilors Stillwater isn’t the first city to face this issue. Oklahoma City and Tulsa also updated radio systems with the ability to encrypt traffic but opted to leave primary patrol channels open to provide transparency for journalists and the public.
“But let’s talk about right here in Stillwater ... covering breaking news is not easy,” McClendon said. “It is something that we do because we believe the residents of Stillwater deserve it.”
Miguel Najera, a Stillwater officer and former city councilor, spoke in support of encryption on behalf of the officers’ union, the Fraternal Order of Police.
“Recently a discussion has occurred surrounding our new radio system. This should be a simple discussion based on officer safety and public safety,” he said. “Officers across the nation utilize encrypted radios. This doesn’t mean departments are trying to hide anything. It’s simply about safety.”
Safety concerns
Officer safety was repeatedly brought up as the motivating factor behind encryption.
When the News Press initially asked Police Chief Jeff Watts if the department keeps track of how many alleged suspects have scanners, he said it wasn’t easily trackable.
“If they’re using a scanner in the commission of a crime, then we would arrest them. But, it is almost impossible to prove because if they have a scanner, 99% of the time they’re not going to be there when we get there,” he previously told the News Press. “They’re gonna already have fled because they knew we were coming.”
On Monday, Watts gave five examples from the years 2012-2020 in which SPD found police scanners after making an arrest or serving a search warrant.
“Undercover officers made two control purchases of marijuana from a suspect in Stillwater,” he said, describing one situation. “A suspect led to his residence each time to meet with the informant nearby the suspect’s house ... a search of the residence revealed additional drugs, drug paraphernalia, drug sales ledgers, currency, and a working police scanner that was programmed to Stillwater Police Department's main frequency.”
He did not say during the presentation if the suspects’ possession of the scanners in his examples prevented or hindered the warrants being served. Police are currently able to use closed channels or other means of communications that are not picked up by scanner.
Watts said protecting residents’ privacy was another motivation for encryption.
“The person in cardiac arrest, a medical emergency of some type or some type of incident of a personal nature, that information is immediately broadcast over our current radio,” Watts said. “Can you imagine that you or one of your loved ones was in medical distress and people knew your exact address and what they’re responding for? They now have access to your most intimate and personal moment in your life.”
Radio traffic routinely includes basic information like address, nature of call and priority for ambulance response but does not usually include names or other personal information like birthdates.
Working toward transparency
While encrypting the channels means the public won’t hear scanner traffic in live time, the City is working on a new communications plan and more training for current Public Information Officers.
Chief Public Information Officer Dawn Jones told Joyce and the councilors, “most of the concerns shared by our media friends can be addressed through a healthier media relations process.”
Jones said depending on the situation, a media release will be given in a “timely” manner.
“Currently, we are developing a process that will balance timeliness with our existing transparency while keeping public safety that priority,” she said. “Our communications response will be based on the particular situation we are dealing with at the time.”
Councilor Kevin Clark said he agreed with needing to keep officers safe, but he did have concerns about the communications plan and the details surrounding providing information to the News Press.
“I do have a significant concern about not allowing the News Press to have access to that traffic on the primary dispatch channels,” he said. “And frankly, I find it a little ironic that just over an hour (after) we all took the Sunshine pledge, we’re being asked to restrict access to the News Press of the traditional ... normal radio traffic.”
He also asked Jones if she would be staffed around the clock to provide information at all hours.
“I don’t care what time it is. I will definitely be part of the team to get that out,” she said.
Mayor Will Joyce asked City Attorney Kimberly Carnley if there were any legal problems with encrypting the radios, and she said it is not a violation of the Oklahoma Open Records Act.
Watts said the public and media could request radio traffic if needed, therefore, the department is being transparent.
“Again, (I) appreciate the presentations, (I) appreciate Mr. McClendon, you being here to present earlier as well. It’s a difficult issue to try to weigh the public’s need for information versus officer safety and efficiency,” Joyce said. “But I think, personally, the best way to go here (is) for encouraging and supporting encryption.”
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