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Fitchburg Council to Decide on $1.8M Axon Surveillance Package Tuesday
The Fitchburg Common Council votes Tuesday on a $1.8 million, seven-year Axon contract for a real-time information center with license plate readers, drones and body cameras. Police say a growing city and a 13-officer staffing gap make it necessary; critics warn of surveillance expansion and a rushed, discount-driven process.
FITCHBURG â The Common Council will vote Tuesday on whether to amend the city's operating budget to fund a real-time information center through a $1.8 million contract with Axon, a package that would equip the police department with body-worn cameras, drones, automated license plate readers and other surveillance and evidence-gathering technology.
The meeting is set for 6:30 p.m. Because the resolution changes the city's total revenues and expenditures, it requires a two-thirds vote of the full council to pass.
The proposal centers on a seven-year Axon contract totaling $1,824,050.53, running from April 2027 through March 2034. The city must sign by Dec. 1 to capture a discount of more than $710,000. A separate seven-year contract with Peregrine, at roughly $50,000 a year, would provide data analytics software linking the city's dispatch, records and evidence systems; the department is already running a paid six-month trial of that software.
In its first year, Axon would supply 28 Tasers; Fusus, the company's real-time crime center software, licensed for up to 175 video streams from public and private cameras; a drone dock for a "drone as first responder" program; an indoor drone; and four solar-powered license plate reader cameras. In 2029, the contract adds 60 body cameras with live translation, in-car cameras for 17 squad cars, two more drone docks and an artificial intelligence tool for searching evidence. Axon's proposal says the 2029 items can be moved up, delayed or removed at no cost before they ship.
The resolution puts first-year costs for both contracts at $224,480, rising to about $357,000 a year beginning in 2029. The city would cover the cost with leftover money from existing body camera and Taser projects, a $150,000 donation from the Fitchburg Law Enforcement Foundation, an $11,144 federal Justice Assistance Grant and $160,000 a year in tax levy that the mayor's proposed 2027 budget had set aside for a new police officer position. Redirecting that position's funding requires a separate budget amendment. Both contracts depend on the city receiving the foundation's donation.
Capt. Andrew McCarthy told the council the department's staffing has not kept pace with population growth. "Every metric we have says we should have 67 sworn bodies. We have 54," he said. "That's a 20 percent disparity that we're not getting. And every year it gets worse."
"This is coming from a place of necessity, not luxury," McCarthy said. "Even if we were fully staffed and had the bodies we needed, this would be great to have. For us, with the deficit [in] the bodies, this is much more of a need to have."
He said the department has no backup plan if the council rejects the contract. "If this were to not pass ⦠we'd have to go back to [the] drawing board, and we're really struggling to find out what to do next, short of reducing additional services to the city, which we don't want to do," he said. He added that the technology would not replace officers' judgment: "I'm not relying on technology to make all the decisions."
Mayor Julia Arata-Fratta, who sponsored the resolution, said supporting the department is part of her job. "My role as a mayor is to provide my police department the tools and resources and the training so they can be efficient and they can do a good job with our residents," she said.
"I am very confident in my police department that ⦠this technology will be used responsibly with a strict limit on access, clear policies, and an ongoing oversight," Arata-Fratta said. "For me, the most important thing is protecting public safety and respecting our individual freedoms." She said the city does not plan to blanket residential areas with cameras or monitor them around the clock. "We are not going to install this camera in residential [neighborhoods]. We are not going to have a police officer looking at this camera [24/7]," she said.
Ald. Jake Lepper said he sees the system as a way to stretch the department's resources and to serve residents who do not speak English, citing the body cameras' live translation service. He also drew a distinction between Axon and Flock, the license plate reader vendor the city dropped last year. "We as the city terminated the Flock contract because we did not think that that company was using the data correctly or in accordance with the values that Fitchburg has, so I think Axon has demonstrated that they're different," he said.
Lepper, a police officer with the University of Wisconsin Police Department, said his support is not unconditional. "Even though I am a police officer, I think I'm probably one of the first people to be critical of police overreach," he said. "This is not the council giving the police department [a] tabula rasa to do whatever they want with this technology."
Both Arata-Fratta and Lepper rejected the idea that the proposal is being rushed. "We are a very transparent municipality," the mayor said. "I understand people feel that they've been rushed, but we have been discussing it for a year." Lepper added: "We're not going to have a big advertising blitz and spend money on that. But ⦠it's not like this is a secret."
Arata-Fratta said she is adamant the system not be used to aid federal immigration enforcement. "I don't want this information to be shared with ICE or Homeland [Security]," she said. McCarthy said that would not require a change to current practice. "We don't do proactive civil immigration enforcement, and we don't provide information to those that do," he said.
Draft changes to the department's license plate reader policy would put that in writing, barring use of plate reader data, or its sharing with federal agencies, for immigration enforcement and removing "homeland security" from the list of allowed secondary uses. The draft would also require audits every six months and limit outside agencies to the department's own settings and access controls, with access suspended or ended immediately for an agency whose user gets around or tries to get around those controls.
Other elements of the plate reader policy would not change: officers do not need reasonable suspicion or probable cause to use the system, data may be shared with other law enforcement agencies for legitimate purposes, and the data is not open to public review. McCarthy said data would not be shared with other police departments, at least initially.
Draft changes to the drone policy would bar drones from monitoring or recording people at lawful protests, demonstrations, marches, religious gatherings and other First Amendment-protected activity solely because they are taking part. The draft also creates the "drones as first responder" program, allowing drones to be sent to priority calls before officers arrive, subject to state warrant requirements. Existing policy already bars random surveillance, targeting people based on protected characteristics and arming drones, and requires a warrant or emergency circumstances to record places where people have a reasonable expectation of privacy.
According to a cover note McCarthy sent to the council with the draft policies, the changes would be published once the center is approved. The department also plans a public dashboard on its data and technology, modeled on one used by police in Minnetonka, Minn. McCarthy said Axon itself cannot see the city's data. "Axon itself does not have access to our data. The way I like to describe it, it's kind of like a safety deposit box at the bank," he said. "The bank's holding it for you, but until you come there with your key, ⦠they can't look and see that box without your key." He added: "We don't use any sort of facial recognition technology."
Ald. Joe Maldonado said he opposes the proposal. "I'm not in favor of the expansion of a surveillance state," he said. "Having cameras that can monitor anybody as they pass create[s] some huge civil liberty issues, and I'm generally opposed to the automatic license plate readers." He said switching vendors does not resolve his concerns. "These companies have information in the cloud, so we don't own that data," he said. "These companies have a history of collaboration with federal law enforcement, and they're part of a larger system. ⦠Flock was a little bit more blatant, but Axon, Motorola all have some ties that I find incredibly problematic to the military, to AI, and to federal law enforcement."
Maldonado also objected to the Dec. 1 deadline. "Axon is using a high-pressure sales technique in order to influence public policy, ⦠and I don't believe that we should be [bowing] to that type of pressure, especially for an amount that large," he said. "I don't feel presentations from companies and law enforcement departments are enough. There needs to be an actual ⦠neutral analysis of this."
Last week, the city's Community Equity Advisory Committee voted in an advisory capacity to recommend the council reject the proposal, while offering a list of recommendations as deliberations continue. Committee chair Peguero said the process moved too fast. "It felt like this was being pushed through really quickly through a budget process," he said. He said residents who weighed in raised concerns about "civil liberties and the inability to consent on who is being surveilled, regardless of whether you have committed a crime or not," and that "we did not receive any public comment that was supportive of the current proposal."
Peguero suggested a phased approach. "Maybe we don't adopt the whole system right away, especially the ⦠license plate reader piece because there are concerns primarily there," he said. "We are a safe city, and for me, that question of safety ⦠is dependent on who you ask."