On the agenda: Bridgewater Rules and Procedures Committee — Flock camera (Oct 5)

Town of Bridgewater
Rules and Procedure Committee
October 5, 2026
7:00 PM
The meeting will be held virtually via Zoom.
To attend via video, click on the link below:
https://us06web.zoom.us/j/88996207706

To attend via phone, dial: 1(646) 876-9923
Meeting ID: 889 9620 7706

MEETING AGENDA
Disclosure: Pursuant to Section 20 of Chapter 20 of the Acts of 2020, An Act Relative to Extending Certain
Covid-19 Measures Adopted During the State of Emergency, and the March 31, 2025, extension granted by
Chapter 22 of the Acts of 2022, this meeting for the Town of Bridgewater will be fully remote and accessible to
the public through remote participation to the greatest extent possible. No in-person attendance is permitted.
Citizens who wish to tune in to the meeting may do so via Zoom.
A Quorum of the Town Council May Be In Attendance
A.

Call to Order

B.

Approval of Meeting Minutes
a)

August 26, 2026 Rules & Procedures Meeting Minutes

C.

Public Comment

D.

Items Referred
a)

Order O-FY27-014: Order Establishing a Financial Feasibility Study Regarding the
Potential Withdrawal of Pre-Kindergarten Through Grade 8 from the BridgewaterRaynham Regional School District

b)

Ordinance D-FY27-002: Community Against "Flock" Encroachment (CAFE) Act of
2026

E.

Public Comment

F.

Adjournment of Meeting

Page 1 of 19

Town of Bridgewater
Rules and Procedure Committee
August 26, 2026
7:00 PM
The meeting will be held virtually via Zoom.
To attend via video, click on the link below:
https://us06web.zoom.us/j/85441095987

To attend via phone, dial: 1(646) 876-9923
Meeting ID: 854 4109 5987

MEETING MINUTES
Call to Order
Councilor Kennedy called the Rules and Procedures meeting to order at 7:00pm on Wednesday, August
26, 2026. The meeting was held virtual via Zoom.
Councilors Present: Councilor Spagone, Councilor Trocchio and Councilor Kennedy.
Also present were: Councilor McGrath, Shelley MacAuley, Chief Assessor, Police Chief Delmonte
and Lieutenant Hile.
B.

Approval of Meeting Minutes
a)

July 1, 2026 Meeting Minutes
Councilor Spagone made a motion to approve the July 1, 2026 meeting minutes. This was duly
seconded by Councilor Trocchio.
A roll-call vote was taken with the results as follows: Spagone – Yea; Trocchio – Yea;
Kennedy -Yea. Motion passed 3-0

C.

Public Comment - None

D.

Items Referred
Councilor Spagone made a motion to take E. Old Business out of order. This was duly seconded by
Councilor Trocchio.
A roll-call vote was taken with the results as follows: Spagone – Yea; Trocchio – Yea;
Kennedy -Yea. Motion passed 3-0
a)

Proposed General Ordinance D-FY27-003: An Ordinance Amending Part III of the General
Ordinances by Establishing a New Chapter Entitled "Municipal Surveillance Technology"

Page 2 of 19

Town of Bridgewater
Rules and Procedure Committee Agenda
Wednesday, August 26, 2026

Chief Delmonte was in attendance and noted that he was in opposition of the ordinance. Noting
some communities have stopped using but Bridgewater is a different community.
Chief Delmonte shares the concerns but does not feel it warrants removal. Bridgewater received
a grant and they have put safeguards in place. Detective Sargeant sees daily who uses
technology. Community safety outweighs risk. Flock cameras do not track people, race, who is
driving. Just car, make, model and license plate. There is a 30 day retention period for the data,
cannot house it locally and Flock does not sell the information. Can change the retention
schedule but leary about shortening. Can also modify and do audits 3 times a year. The Chief
gave several examples on how Flock cameras helped with finding people.
Lieutenant Hile further noted that Flock has been around for many years and has proven itself.
Councilor Spagone thanked the Chief and Lieutenant for coming and asked if the town made
into a by-law would that be beneficial. Chief Delmonte noted that it would not provide
flexibility but not opposed to it. Further noting that technology is not used for political
purposes. Must sign-in to do it, must be criminal justice related.
Councilor Trocchio noted he would be open to a yearly transparent report that showed number
of plates scanned versus how many used to solve criminal matters and asked if the contract
could be shared with the Town Council.
Chief Delmonte noted that can release more information but Flock is a tool for law enforcement,
do not want to turn into turmoil, giving away the store. Chief Delmonte noted the contract is a
public document that can be shared with the council.
Councilor Trocchio further noted that he wants to see that there is no mis-use with Flock as
noted in New Bedford, wants accountability.
Chief Delmonte noted that the data is only your license plate, AWS is the holder of the picture
of the car and license plate and name, address are not in Flock system.
Councilor Spagone made a motion to recommend Ordinance D-FY27-003 and refer back to
Town Council. This was duly seconded by Councilor Trocchio.
A roll-call vote was taken with the results as follows: Spagone – Yea; Trocchio – Yea;
Kennedy -Yea. Motion passed 3-0
b)

Ordinance D-FY27-004: Save Volunteer Services Program (Work-Off) Rules of Eligibility &
Administrative Policies & Procedures
Shelley MacAuley, Chief Assessor gave an update of what this request was noting that local
rules regarding the Save Program needed to be put in place.
Councilor Spagone noted that it is straight forward and need to be put in place as Save Program
is important.

Page 3 of 19

Town of Bridgewater
Rules and Procedure Committee Agenda
Wednesday, August 26, 2026

Councilor Spagone made a motion to remove “veteran” and replace with “senior”. This was
duly seconded by Councilor Trocchio.
A roll-call vote was taken with the results as follows: Spagone – Yea; Trocchio – Yea;
Kennedy -Yea. Motion passed 3-0
Councilor Spagone made a motion to recommend Ordinance D-FY27-004 with the amendment
and refer back to Town Council. This was duly seconded by Councilor Trocchio.
A roll-call vote was taken with the results as follows: Spagone – Yea; Trocchio – Yea;
Kennedy -Yea. Motion passed 3-0
c)

Proposed General Ordinance D-FY27-005: Chapter 220, Article V Water Impact Studies and
Town Council Notification
Councilor Kennedy gave an update on why he is bringing this ordinance forward. Noting that
the Town Council does not have a say but would get notified.
Councilor Spagone made a motion to recommend Ordinance D-FY27-005 and refer back to
Town Council. This was duly seconded by Councilor Trocchio.
Councilor Spagone asked if an additional outside water and sewer board would have been
helpful and Councilor Kennedy noted that the Town Council sets the rate, the Town Manager
executes those rates and the Water Department does the work.
A roll-call vote was taken with the results as follows: Spagone – Yea; Trocchio – Yea;
Kennedy -Yea. Motion passed 3-0

E.

Old Business
a)

Proposed Ordinance D-FY26-013: Adopt Chapter 220, Article III – Water Supply Capacity and
Development Review
Councilor Kennedy noted that this Ordinance was brought forward but it has many issues in it
and asked for a motion to postpone indefinitely.
Councilor Trocchio asked if the Council could bring back and Councilor Kennedy noted that the
Council can pull out of committee at a later date.
Councilor Spagone made a motion to postpone Ordinance D-FY26-013, this was duly seconded
by Councilor Trocchio.
A roll-call vote was taken with the results as follows: Spagone – Yea; Trocchio – Yea;
Kennedy -Yea. Motion passed 3-0

Page 4 of 19

Town of Bridgewater
Rules and Procedure Committee Agenda
Wednesday, August 26, 2026

b)

Proposed Ordinance D-FY26-017: Amend Part II Administrative Code, Chapter 1, Article III,
Multiple Members Appointive Bodies
Councilor McGrath gave an update on the ordinance and asked that Finance Committee be
removed.
Councilor Spagone made a motion to amend Ordinance D-FY26-027 by removing Section 14.
This was duly seconded by Councilor Trocchio.
A roll-call vote was taken with the results as follows: Spagone – Yea; Trocchio – Yea;
Kennedy -Yea. Motion passed 3-0

F.

Public Comment - None

G.

Adjournment of Meeting
Councilor Trocchio made a motion to adjourn, which was duly seconded by Councilor Spagone.
A roll-call vote was taken with the results as follows: Spagone – Yea; Trocchio – Yea;
Kennedy -Yea. Motion passed 3-0
Meeting adjourned at 8:15pm.

Page 5 of 19

Bridgewater Town Council

Introduced By:
Date Introduced:
First Reading:
Second Reading:
Amendments Adopted:
Third Reading:
Date Adopted:
Date Effective:

Mary McGrath, Councilor
8/11/2026
8/11/2026

Order O-FY27-014: Order Establishing a Financial Feasibility Study Regarding the Potential
Withdrawal of Pre-Kindergarten Through Grade 8 from the Bridgewater-Raynham Regional
School District
BE IT ORDERED, that the Bridgewater Town Council hereby directs its Budget and Finance Committee to
undertake a financial feasibility study regarding the potential withdrawal of the Town of Bridgewater's PreKindergarten though Grade 8 students from the Bridgewater-Raynham School District.
WHEREAS,the study shall include, but not be limited to, an analysis of transportation costs, short- and longterm educational implications, contractual obligations, staffing impacts, healthcare and pension costs, capital
and operational expenses, and any other financial or operational matters the Committee determines are
necessary to complete a comprehensive review; and
WHEREAS, pursuant to applicable law, any proposal to withdraw from the regional school district must be
approved by a vote of the residents of the Town of Bridgewater prior to July 1 of a fiscal year and must also
receive the approval of the Commissioner of Elementary and Secondary Education; and
WHEREAS, the Budget and Finance Committee shall have up to one (1) year to complete and present its
findings and recommendations to the Town Council, unless the Committee requests, and the Town Council
grants, an extension of time.
NOW THEREFORE, BE IT RESOLVED, that the Bridgewater Town Council authorizes and directs its
Budget and Finance Committee to conduct the financial feasibility study described herein and to report its
findings and recommendations to the Town Council upon completion..
Committee Referrals and Dispositions:
Referral(s)

Disposition(s)

NOT FOR ACTION - FIRST READING
RETAIN AT TOWN COUNCIL
Page 6 of 19

•

•

•

•

•

•

Attachments:

None

NOT FOR ACTION - FIRST READING
RETAIN AT TOWN COUNCIL
Page 7 of 19

Bridgewater Town Council

Introduced By:
Date Introduced:
First Reading:
Second Reading:
Amendments Adopted:
Third Reading:
Date Adopted:
Date Effective:

Michaela Spagone, Councilor
8/11/2026
8/11/2026
9/8/2026

Ordinance D-FY27-002: Community Against "Flock" Encroachment (CAFE) Act of 2026
Pursuant to Article LXXXIX, Section 6 of the Amendments to the Constitution of the Commonwealth (the Home
Rule Amendment), G.L. c. 43B, § 13, G.L. c. 40, §§ 21 and 21D, and the Bridgewater Home Rule Charter, the
following ordinance shall be considered for enactment by the Bridgewater Town Council:
Section 1. Purpose, Intent, and Findings
a. The purpose of this ordinance is to protect residents of and visitors to the Town of Bridgewater from the risks
associated with the unregulated collection, aggregation, retention, and dissemination of location data derived
from automated license plate recognition systems and comparable surveillance technologies, while preserving
the lawful use of security equipment by private property owners and the legitimate investigative functions of
the Bridgewater Police Department.
b. The Town Council finds that:
(1) The Supreme Judicial Court has held that, "[w]ith enough cameras in enough locations, the historic
location data from an ALPR system in Massachusetts would invade a reasonable expectation of
privacy and would constitute a search for constitutional purposes." Commonwealth v. McCarthy, 484
Mass. 493, 506 (2020). The United States Supreme Court has likewise held that governmental
acquisition of aggregated historical location data implicates the Fourth Amendment. Carpenter v.
United States, 585 U.S. 296 (2018).
(2) Public records obtained by the American Civil Liberties Union of Massachusetts and audits conducted
in other jurisdictions document that license plate data collected in Massachusetts municipalities has
been disclosed to out-of-state and federal agencies without warrant or individualized suspicion,
without the knowledge or consent of the individuals recorded, and in documented instances without
the knowledge of the contracting municipality.
(3) Vendor-hosted plate-data systems have been the subject of documented security incidents, including
cameras exposed to the open internet without authentication and a bipartisan congressional referral to
the Federal Trade Commission concerning the absence of mandatory multi-factor authentication.

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REQUIRES MAJORITY OF THOSE PRESENT AND VOTING
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(4) An audit by the Office of the Inspector General of the Los Angeles Police Department found that
approximately one in three automated hot-list alerts was erroneous, and erroneous alerts have resulted
in documented wrongful stops and detentions in other jurisdictions.
(5) The General Court has not enacted legislation regulating automated license plate recognition systems,
and this ordinance is intended to operate only until, and thereafter in harmony with, any such
legislation.
c. This ordinance governs the conduct of the Town of Bridgewater and its agencies. Except as expressly provided
in Section 4, it imposes no obligation on any private party, and nothing in this ordinance shall be construed
to prohibit, license, or condition the lawful use of security cameras or surveillance equipment by private
persons or entities on their own property.
Section 2. Definitions
As used in this ordinance, the following terms shall have the following meanings:
a. Automated License Plate Recognition system (“ALPR”) — Any camera or system of cameras, together with
associated hardware and software, that automatically captures images of vehicle license plates and converts
them into machine-readable data, whether or not it also records vehicle make, model, color, or other
identifying characteristics, and whether the data is stored locally or in a remote or cloud-based system. The
term includes devices commonly marketed as license plate readers or license plate recognition cameras, by
whatever brand name, and is intended to be construed by function rather than by vendor. The term does not
include: (1) parking payment, parking access, or electric-vehicle charging equipment that reads plates solely
to complete a transaction or control access and does not retain plate data longer than reasonably necessary
for that purpose; (2) toll collection systems operated under G.L. c. 6C; or (3) a camera that incidentally records
a legible plate image but performs no automated plate recognition.
b. Face surveillance system — Any system used to identify or attempt to identify an individual by automated
analysis of facial characteristics, as further described in G.L. c. 6, § 220. The term does not include automated
redaction software, or authentication functions on personal or Town-issued devices.
c. Covered surveillance technology — (1) an ALPR; and (2) a face surveillance system, except to the extent its
use is expressly authorized by and conducted in compliance with G.L. c. 6, § 220. No other technology is a
covered surveillance technology for purposes of the prohibition in Section 3(a); acquisition of other
surveillance technology is governed by the approval requirement in Section 3(b).
d. Surveillance data — Data collected or generated by a covered surveillance technology, including images, plate
reads, associated metadata, and derived analytics.
e. Private entity — Any person, homeowners association, business, or industrial or institutional site operating or
residing within the Town of Bridgewater, other than the Town, the Commonwealth, the United States, or
another governmental unit. For purposes of Section 4(d) only, "commercial operator" means a private entity
operating an ALPR on commercial or industrial premises; the term does not include a natural person with
respect to owner-occupied residential property.
f. Town agency — Any board, commission, committee, department, or office of Town government, and any
officer, employee, agent, contractor, or designee thereof acting in that capacity, including the Bridgewater
Police Department.
g. Exigent circumstances — Circumstances in which a reasonable officer would conclude that immediate access
to surveillance data is necessary to prevent imminent danger of death or serious physical injury, or to locate
a missing person believed to be in imminent danger, including activation of an AMBER or Silver Alert.
h. Enforcing person — As defined in Chapter 1, Article II, Section 2 of the Town Code (the Town Manager or
any police officer of the Town of Bridgewater, and such other officials as are there designated).
Section 3. Restrictions on Town Acquisition and Use of Surveillance Technology

VOICE VOTE TO REFER TO RULES & PROCEDURES
REQUIRES MAJORITY OF THOSE PRESENT AND VOTING
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a. Prohibition. No Town agency shall obtain, purchase, lease, borrow, accept (whether by gift, donation, grant,
forfeiture-funded purchase, free trial, pilot program, or otherwise), fund, install, operate, or maintain any
covered surveillance technology, and no Town agency shall request, access, or query surveillance data held
by any covered surveillance technology operated by a vendor, another agency, or a private entity, except as
provided in subsections (d) and (e) of this Section and in Section 4(c).
b. Approval requirement for other surveillance technology. No Town agency shall acquire or materially
expand the use of any other technology whose primary purpose is the ongoing surveillance of persons or
vehicles in public places without the prior approval of the Town Council, upon submission through the Town
Manager of (1) a surveillance impact report describing the technology, its purpose, its fiscal cost, and its
effect on privacy and civil liberties, and (2) a proposed use policy addressing authorized purposes, access
controls, data retention, data sharing, training, and audit. This subsection applies regardless of funding source,
including appropriation, grant, gift, asset forfeiture, donation, and vendor trial.
c. Appropriations. No funds appropriated by the Town Council shall be expended in violation of this Section.
d. Savings clause. Nothing in this ordinance shall be construed to:
(1) apply to, regulate, or restrict the Commonwealth or any of its agencies, authorities, or instrumentalities,
including the Department of State Police, Bridgewater State University, the Department of Correction,
and the Department of Transportation, or to the United States or any of its agencies, or to any other
municipality or its equipment;
(2) prohibit any act required or expressly authorized by state or federal law, including a facial recognition
search performed in compliance with G.L. c. 6, § 220, or the receipt of evidence related to the
investigation of a crime derived from a biometric surveillance system whose use was not knowingly
solicited by or obtained with the assistance of a Town agency, as provided in that section;
(3) prohibit a Town agency from receiving or using surveillance data obtained pursuant to a search warrant
or court order, or produced to it in a specific criminal investigation or prosecution;
(4) limit the authority of the Chief of Police under G.L. c. 41, § 97A over the assignment of officers and the
operational command of the Department, it being the intent of this ordinance to legislate conditions of
acquisition and expenditure and not to direct police operations; or
(5) affect body-worn or cruiser-mounted cameras, automated redaction software, records-management
systems, computer-aided dispatch, or communications equipment.
e. Decommissioning of existing systems. If, on the effective date of this ordinance, the Town is party to any
contract for a covered surveillance technology or operates any such system, the Town Manager shall: (1) terminate
such contract in accordance with its terms, by exercise of any termination-for-convenience provision, non-renewal,
or non-appropriation, whichever the Manager determines to be most advantageous to the Town; (2) complete
decommissioning as soon as practicable consistent with the Town's contractual obligations, and in any event within
90 days
of the effective date unless the Manager reports to the Council in writing the specific contractual impediment and a
date certain for completion; (3) obtain from the vendor written certification of deactivation and removal of all
equipment and of the destruction of Town surveillance data held by the vendor, and preserve any data subject to a
litigation hold, court order, or pending criminal matter; and (4) report completion to the Town Council. Nothing in
this subsection authorizes the Town to remove, alter, or damage vendor-owned equipment except in accordance with
the applicable contract.
f. Annual report. The Chief of Police, through the Town Manager, shall report annually in writing to the Town
Council on: any requests for approval under subsection (b); each instance of access to surveillance data under
subsection (d)(2)–(3) or Section 4(c), stated by category and number; and any breach or unauthorized
disclosure of surveillance data of which the Town becomes aware.

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REQUIRES MAJORITY OF THOSE PRESENT AND VOTING
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Section 4. Privately Operated Systems
a. Voluntary registry. The Bridgewater Police Department shall maintain a voluntary registry in which any
private entity may, at its sole election, record the existence of security cameras or ALPR equipment on its
premises, together with a point of contact. Participation in the registry is voluntary and may be withdrawn at
any time. Registration shall not constitute a waiver of any right under the Fourth Amendment to the United
States Constitution, Article 14 of the Massachusetts Declaration of Rights, or any other law; shall not obligate
the registrant to provide footage, data, or access to any Town agency; and shall not be a condition of any
permit, license, or Town service. The registry shall record no more information than is reasonably necessary
for a point of contact, and shall not include camera coverage maps, data-storage descriptions, security
practices, or breach history.
b. Public records handling. The custodian of the registry shall assert every exemption reasonably available under
G.L. c. 4, § 7, cl. 26, including exemption (n), in response to any request for registry records, and shall notify
a registrant of any request for records concerning that registrant to the extent permitted by law. Registrants
shall be informed at registration that registry records are subject to the Massachusetts Public Records Law
and that exemptions are determined by state law, not by the Town.
c. Limits on Town access to privately generated surveillance data. No Town agency shall request, receive,
access, or query surveillance data generated by an ALPR operated by a private entity, whether directly or
through a vendor platform, shared network, or other intermediary, except: (1) pursuant to a search warrant;
(2) pursuant to a court order or lawfully issued subpoena; (3) with the voluntary, documented consent of the
system owner, given in connection with a specific investigation; or (4) in exigent circumstances, documented
in writing within 48 hours. Each instance of access under this subsection shall be logged with the date, the
requesting officer, the authority relied upon, and the associated case number, and shall be included in the
annual report under Section 3(f).
d. Notice signage by commercial operators of ALPRs. A commercial operator shall post, at each vehicular
entrance open to the public of the premises on which the ALPR operates, a sign bearing the words "LICENSE
PLATE RECOGNITION CAMERA IN USE" in letters not less than two inches in height, in a color contrasting
with the sign's background. A sign conforming to this subsection is conclusively deemed compliant. This subsection
does not apply to residential property, to cameras that are not ALPRs, or to any governmental entity. The Town
Manager, upon written request, may approve alternative signage or grant a waiver where strict compliance is
impracticable or where signage would compromise a documented security need, and shall act on any such request
within 30 days; denial of a request may be appealed to the Town Council.
e. No other obligations. Except as provided in subsection (d), this ordinance imposes no registration, reporting,
disclosure, or signage obligation on any private entity, and no Town agency shall require any private entity
to disclose its data-storage arrangements, security practices, or breach history except pursuant to a warrant,
court order, or lawfully issued subpoena.
Section 5. Enforcement; Notice and Cure; Penalties; Non-Criminal Disposition
a. Enforcing persons. This ordinance may be enforced by any enforcing person as defined in Part III, Chapter 1,
Article II, Section 2 of the Town Code.
b. Notice and opportunity to cure. Before any penalty accrues under this ordinance, the enforcing person shall
serve on the commercial operator a written notice of violation identifying the premises, the specific provision
violated, and the action required to cure, and stating that no fine will issue if the violation is cured within 30
days of service of the notice. No penalty shall accrue, and no fine shall issue, for any period before the
expiration of the cure period. A violation cured within the cure period shall be deemed never to have occurred
for purposes of this Section.
c. Penalty. A commercial operator that fails to cure a violation of Section 4(d) within the cure period shall be
subject to a fine of $150 for each offense. Each vehicular entrance not in compliance shall constitute a separate
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REQUIRES MAJORITY OF THOSE PRESENT AND VOTING
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offense, and each day on which a violation continues after the expiration of the cure period shall constitute a
separate offense, consistent with Chapter 1, Article II, Section 1 of the Town Code; provided, that the
aggregate of fines imposed on a single premises shall not exceed $5,000.00 in any calendar year; and provided
further, that the Town Manager may waive or reduce any fine for demonstrated financial hardship or other
good cause shown.
d. Non-criminal disposition. Violations of Section 4(d) may be enforced by non-criminal disposition in
accordance with G.L. c. 40, § 21D and Chapter 1, Article II of the Town Code. Chapter 1, Article II, Section
3 of the Town Code (Schedule of Fines) is hereby amended by adding the following entry: "Surveillance
Technology Ordinance / Section 4(d) (ALPR notice signage) — $150 for each offense, following written
notice and expiration of the 30-day cure period; annual aggregate cap $2,500 per premises." Any person
aggrieved may exercise the hearing rights provided by G.L. c. 40, § 21D.
e. No criminal penalty; no imprisonment. No violation of this ordinance shall constitute a criminal offense
beyond that provided by G.L. c. 40, § 21, and no penalty of imprisonment is or may be imposed.
f. Town-side compliance. Surveillance data obtained by a Town agency in violation of Section 3 or Section 4(c)
shall not be used in any proceeding before a Town agency, shall be reported to the Town Council, and shall
be destroyed unless preservation is required by law. Nothing in this subsection limits any remedy otherwise
available under law.
Section 6. Severability
The provisions of this ordinance are severable. If any section, subsection, sentence, clause, or application of this
ordinance is held invalid by a court of competent jurisdiction, the remainder of the ordinance, and its application to
other persons and circumstances, shall not be affected. The Town Council declares that it would have enacted each
section and subsection irrespective of the validity of any other.
Section 7. Construction; Conformity with State and Federal Law
a. This ordinance shall be construed in harmony with the Constitution and laws of the Commonwealth and of the
United States. If the General Court enacts legislation regulating automated license plate recognition systems
or surveillance technology, this ordinance shall be construed consistently with that legislation, and any
provision of this ordinance inconsistent therewith shall be inoperative to the extent of the inconsistency.
b. Nothing in this ordinance enacts private or civil law governing civil relationships between private parties,
creates a private right of action against any private entity, or is intended to exceed the powers conferred on
the Town by Article LXXXIX of the Amendments to the Constitution and G.L. c. 43B, § 13.
c. All actions of the Town Council in the administration of this ordinance concerning officers and employees
serving under the Town Manager shall be taken solely through the Town Manager, in accordance with Section
2-6(c) of the Charter.
Section 8. Effective Date; Transition
a. This ordinance shall take effect 30 days after adoption, in accordance with Section 2-7(a) of the Charter.
b. Section 4(d) (signage) shall apply beginning 120 days after the effective date, in order to afford commercial
operators a reasonable period to comply.
c. The decommissioning obligations of Section 3(e), if applicable, shall commence on the effective date.

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REQUIRES MAJORITY OF THOSE PRESENT AND VOTING
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Committee Referrals and Dispositions:
Referral(s)

Disposition(s)

• Town Council

• 8/11/26: Voted to retain at Town Council
• 9/8/26: Amendments voted and referred to
Rules & Procedures

•

•

•

•

Attachments:

1.

CAFE_Act_Revised_Draft (1)

VOICE VOTE TO REFER TO RULES & PROCEDURES
REQUIRES MAJORITY OF THOSE PRESENT AND VOTING
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Community Against “Flock” Encroachment (CAFÉ) Act of 2026
Ordinance # (Pending Docket Number Assignment)
Submitted by Councilor Michaela Jessie Spagone, July 2026
REVISED DRAFT — Prepared for review by Town Counsel, July 28, 2026

Pursuant to Article LXXXIX, Section 6 of the Amendments to the Constitution of the Commonwealth (the
Home Rule Amendment), G.L. c. 43B, § 13, G.L. c. 40, §§ 21 and 21D, and the Bridgewater Home Rule
Charter, the following ordinance shall be considered for enactment by the Bridgewater Town Council:
Section 1. Purpose, Intent, and Findings
a. The purpose of this ordinance is to protect residents of and visitors to the Town of Bridgewater from
the risks associated with the unregulated collection, aggregation, retention, and dissemination of
location data derived from automated license plate recognition systems and comparable
surveillance technologies, while preserving the lawful use of security equipment by private
property owners and the legitimate investigative functions of the Bridgewater Police Department.
b. The Town Council finds that:
(1) The Supreme Judicial Court has held that, "[w]ith enough cameras in enough locations, the
historic location data from an ALPR system in Massachusetts would invade a reasonable
expectation of privacy and would constitute a search for constitutional purposes."
Commonwealth v. McCarthy, 484 Mass. 493, 506 (2020). The United States Supreme
Court has likewise held that governmental acquisition of aggregated historical location data
implicates the Fourth Amendment. Carpenter v. United States, 585 U.S. 296 (2018).
(2) Public records obtained by the American Civil Liberties Union of Massachusetts and audits
conducted in other jurisdictions document that license plate data collected in Massachusetts
municipalities has been disclosed to out-of-state and federal agencies without warrant or
individualized suspicion, without the knowledge or consent of the individuals recorded,
and in documented instances without the knowledge of the contracting municipality.
(3) Vendor-hosted plate-data systems have been the subject of documented security incidents,
including cameras exposed to the open internet without authentication and a bipartisan
congressional referral to the Federal Trade Commission concerning the absence of
mandatory multi-factor authentication.
(4) An audit by the Office of the Inspector General of the Los Angeles Police Department found
that approximately one in three automated hot-list alerts was erroneous, and erroneous
alerts have resulted in documented wrongful stops and detentions in other jurisdictions.
(5) The General Court has not enacted legislation regulating automated license plate recognition
systems, and this ordinance is intended to operate only until, and thereafter in harmony
with, any such legislation.
c. This ordinance governs the conduct of the Town of Bridgewater and its agencies. Except as expressly
provided in Section 4, it imposes no obligation on any private party, and nothing in this ordinance
shall be construed to prohibit, license, or condition the lawful use of security cameras or
surveillance equipment by private persons or entities on their own property.

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Section 2. Definitions
As used in this ordinance, the following terms shall have the following meanings:
a. Automated License Plate Recognition system (“ALPR”) — Any camera or system of cameras,
together with associated hardware and software, that automatically captures images of vehicle
license plates and converts them into machine-readable data, whether or not it also records vehicle
make, model, color, or other identifying characteristics, and whether the data is stored locally or
in a remote or cloud-based system. The term includes devices commonly marketed as license plate
readers or license plate recognition cameras, by whatever brand name, and is intended to be
construed by function rather than by vendor. The term does not include: (1) parking payment,
parking access, or electric-vehicle charging equipment that reads plates solely to complete a
transaction or control access and does not retain plate data longer than reasonably necessary for
that purpose; (2) toll collection systems operated under G.L. c. 6C; or (3) a camera that incidentally
records a legible plate image but performs no automated plate recognition.
b. Face surveillance system — Any system used to identify or attempt to identify an individual by
automated analysis of facial characteristics, as further described in G.L. c. 6, § 220. The term does
not include automated redaction software, or authentication functions on personal or Town-issued
devices.
c. Covered surveillance technology — (1) an ALPR; and (2) a face surveillance system, except to the
extent its use is expressly authorized by and conducted in compliance with G.L. c. 6, § 220. No
other technology is a covered surveillance technology for purposes of the prohibition in Section
3(a); acquisition of other surveillance technology is governed by the approval requirement in
Section 3(b).
d. Surveillance data — Data collected or generated by a covered surveillance technology, including
images, plate reads, associated metadata, and derived analytics.
e. Private entity — Any person, homeowners association, business, or industrial or institutional site
operating or residing within the Town of Bridgewater, other than the Town, the Commonwealth,
the United States, or another governmental unit. For purposes of Section 4(d) only, "commercial
operator" means a private entity operating an ALPR on commercial or industrial premises; the
term does not include a natural person with respect to owner-occupied residential property.
f. Town agency — Any board, commission, committee, department, or office of Town government,
and any officer, employee, agent, contractor, or designee thereof acting in that capacity, including
the Bridgewater Police Department.
g. Exigent circumstances — Circumstances in which a reasonable officer would conclude that
immediate access to surveillance data is necessary to prevent imminent danger of death or serious
physical injury, or to locate a missing person believed to be in imminent danger, including
activation of an AMBER or Silver Alert.
h. Enforcing person — As defined in Chapter 1, Article II, Section 2 of the Town Code (the Town
Manager or any police officer of the Town of Bridgewater, and such other officials as are there
designated).

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Section 3. Restrictions on Town Acquisition and Use of Surveillance Technology
a. Prohibition. No Town agency shall obtain, purchase, lease, borrow, accept (whether by gift,
donation, grant, forfeiture-funded purchase, free trial, pilot program, or otherwise), fund, install,
operate, or maintain any covered surveillance technology, and no Town agency shall request,
access, or query surveillance data held by any covered surveillance technology operated by a
vendor, another agency, or a private entity, except as provided in subsections (d) and (e) of this
Section and in Section 4(c).
b. Approval requirement for other surveillance technology. No Town agency shall acquire or
materially expand the use of any other technology whose primary purpose is the ongoing
surveillance of persons or vehicles in public places without the prior approval of the Town Council,
upon submission through the Town Manager of (1) a surveillance impact report describing the
technology, its purpose, its fiscal cost, and its effect on privacy and civil liberties, and (2) a
proposed use policy addressing authorized purposes, access controls, data retention, data sharing,
training, and audit. This subsection applies regardless of funding source, including appropriation,
grant, gift, asset forfeiture, donation, and vendor trial.
c. Appropriations. No funds appropriated by the Town Council shall be expended in violation of this
Section.
d. Savings clause. Nothing in this ordinance shall be construed to:
(1) apply to, regulate, or restrict the Commonwealth or any of its agencies, authorities, or
instrumentalities, including the Department of State Police, Bridgewater State University,
the Department of Correction, and the Department of Transportation, or to the United
States or any of its agencies, or to any other municipality or its equipment;
(2) prohibit any act required or expressly authorized by state or federal law, including a facial
recognition search performed in compliance with G.L. c. 6, § 220, or the receipt of evidence
related to the investigation of a crime derived from a biometric surveillance system whose
use was not knowingly solicited by or obtained with the assistance of a Town agency, as
provided in that section;
(3) prohibit a Town agency from receiving or using surveillance data obtained pursuant to a
search warrant or court order, or produced to it in a specific criminal investigation or
prosecution;
(4) limit the authority of the Chief of Police under G.L. c. 41, § 97A over the assignment of
officers and the operational command of the Department, it being the intent of this
ordinance to legislate conditions of acquisition and expenditure and not to direct police
operations; or
(5) affect body-worn or cruiser-mounted cameras, automated redaction software, recordsmanagement systems, computer-aided dispatch, or communications equipment.
e. Decommissioning of existing systems. If, on the effective date of this ordinance, the Town is party
to any contract for a covered surveillance technology or operates any such system, the Town
Manager shall: (1) terminate such contract in accordance with its terms, by exercise of any
termination-for-convenience provision, non-renewal, or non-appropriation, whichever the
Manager determines to be most advantageous to the Town; (2) complete decommissioning as soon
as practicable consistent with the Town's contractual obligations, and in any event within 90 days

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of the effective date unless the Manager reports to the Council in writing the specific contractual
impediment and a date certain for completion; (3) obtain from the vendor written certification of
deactivation and removal of all equipment and of the destruction of Town surveillance data held
by the vendor, and preserve any data subject to a litigation hold, court order, or pending criminal
matter; and (4) report completion to the Town Council. Nothing in this subsection authorizes the
Town to remove, alter, or damage vendor-owned equipment except in accordance with the
applicable contract.
f. Annual report. The Chief of Police, through the Town Manager, shall report annually in writing to
the Town Council on: any requests for approval under subsection (b); each instance of access to
surveillance data under subsection (d)(2)–(3) or Section 4(c), stated by category and number; and
any breach or unauthorized disclosure of surveillance data of which the Town becomes aware.
Section 4. Privately Operated Systems
a. Voluntary registry. The Bridgewater Police Department shall maintain a voluntary registry in which
any private entity may, at its sole election, record the existence of security cameras or ALPR
equipment on its premises, together with a point of contact. Participation in the registry is
voluntary and may be withdrawn at any time. Registration shall not constitute a waiver of any right
under the Fourth Amendment to the United States Constitution, Article 14 of the Massachusetts
Declaration of Rights, or any other law; shall not obligate the registrant to provide footage, data,
or access to any Town agency; and shall not be a condition of any permit, license, or Town service.
The registry shall record no more information than is reasonably necessary for a point of contact,
and shall not include camera coverage maps, data-storage descriptions, security practices, or
breach history.
b. Public records handling. The custodian of the registry shall assert every exemption reasonably
available under G.L. c. 4, § 7, cl. 26, including exemption (n), in response to any request for
registry records, and shall notify a registrant of any request for records concerning that registrant
to the extent permitted by law. Registrants shall be informed at registration that registry records
are subject to the Massachusetts Public Records Law and that exemptions are determined by state
law, not by the Town.
c. Limits on Town access to privately generated surveillance data. No Town agency shall request,
receive, access, or query surveillance data generated by an ALPR operated by a private entity,
whether directly or through a vendor platform, shared network, or other intermediary, except: (1)
pursuant to a search warrant; (2) pursuant to a court order or lawfully issued subpoena; (3) with
the voluntary, documented consent of the system owner, given in connection with a specific
investigation; or (4) in exigent circumstances, documented in writing within 48 hours. Each
instance of access under this subsection shall be logged with the date, the requesting officer, the
authority relied upon, and the associated case number, and shall be included in the annual report
under Section 3(f).
d. Notice signage by commercial operators of ALPRs. A commercial operator shall post, at each
vehicular entrance open to the public of the premises on which the ALPR operates, a sign bearing
the words "LICENSE PLATE RECOGNITION CAMERA IN USE" in letters not less than two
inches in height, in a color contrasting with the sign's background. A sign conforming to this
subsection is conclusively deemed compliant. This subsection does not apply to residential
property, to cameras that are not ALPRs, or to any governmental entity. The Town Manager, upon

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written request, may approve alternative signage or grant a waiver where strict compliance is
impracticable or where signage would compromise a documented security need, and shall act on
any such request within 30 days; denial of a request may be appealed to the Town Council.
e. No other obligations. Except as provided in subsection (d), this ordinance imposes no registration,
reporting, disclosure, or signage obligation on any private entity, and no Town agency shall require
any private entity to disclose its data-storage arrangements, security practices, or breach history
except pursuant to a warrant, court order, or lawfully issued subpoena.
Section 5. Enforcement; Notice and Cure; Penalties; Non-Criminal Disposition
a. Enforcing persons. This ordinance may be enforced by any enforcing person as defined in Part III,
Chapter 1, Article II, Section 2 of the Town Code.
b. Notice and opportunity to cure. Before any penalty accrues under this ordinance, the enforcing
person shall serve on the commercial operator a written notice of violation identifying the premises,
the specific provision violated, and the action required to cure, and stating that no fine will issue
if the violation is cured within 30 days of service of the notice. No penalty shall accrue, and no
fine shall issue, for any period before the expiration of the cure period. A violation cured within
the cure period shall be deemed never to have occurred for purposes of this Section.
c. Penalty. A commercial operator that fails to cure a violation of Section 4(d) within the cure period
shall be subject to a fine of $150 for each offense. Each vehicular entrance not in compliance shall
constitute a separate offense, and each day on which a violation continues after the expiration of
the cure period shall constitute a separate offense, consistent with Chapter 1, Article II, Section 1
of the Town Code; provided, that the aggregate of fines imposed on a single premises shall not
exceed $5,000.00 in any calendar year; and provided further, that the Town Manager may waive
or reduce any fine for demonstrated financial hardship or other good cause shown.
d. Non-criminal disposition. Violations of Section 4(d) may be enforced by non-criminal disposition
in accordance with G.L. c. 40, § 21D and Chapter 1, Article II of the Town Code. Chapter 1,
Article II, Section 3 of the Town Code (Schedule of Fines) is hereby amended by adding the
following entry: "Surveillance Technology Ordinance / Section 4(d) (ALPR notice signage) —
$150 for each offense, following written notice and expiration of the 30-day cure period; annual
aggregate cap $2,500 per premises." Any person aggrieved may exercise the hearing rights
provided by G.L. c. 40, § 21D.
e. No criminal penalty; no imprisonment. No violation of this ordinance shall constitute a criminal
offense beyond that provided by G.L. c. 40, § 21, and no penalty of imprisonment is or may be
imposed.
f. Town-side compliance. Surveillance data obtained by a Town agency in violation of Section 3 or
Section 4(c) shall not be used in any proceeding before a Town agency, shall be reported to the
Town Council, and shall be destroyed unless preservation is required by law. Nothing in this
subsection limits any remedy otherwise available under law.
Section 6. Severability
The provisions of this ordinance are severable. If any section, subsection, sentence, clause, or application
of this ordinance is held invalid by a court of competent jurisdiction, the remainder of the ordinance, and

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its application to other persons and circumstances, shall not be affected. The Town Council declares that it
would have enacted each section and subsection irrespective of the validity of any other.
Section 7. Construction; Conformity with State and Federal Law
a. This ordinance shall be construed in harmony with the Constitution and laws of the Commonwealth
and of the United States. If the General Court enacts legislation regulating automated license plate
recognition systems or surveillance technology, this ordinance shall be construed consistently with
that legislation, and any provision of this ordinance inconsistent therewith shall be inoperative to
the extent of the inconsistency.
b. Nothing in this ordinance enacts private or civil law governing civil relationships between private
parties, creates a private right of action against any private entity, or is intended to exceed the
powers conferred on the Town by Article LXXXIX of the Amendments to the Constitution and
G.L. c. 43B, § 13.
c. All actions of the Town Council in the administration of this ordinance concerning officers and
employees serving under the Town Manager shall be taken solely through the Town Manager, in
accordance with Section 2-6(c) of the Charter.
Section 8. Effective Date; Transition
a. This ordinance shall take effect 30 days after adoption, in accordance with Section 2-7(a) of the
Charter.
b. Section 4(d) (signage) shall apply beginning 120 days after the effective date, in order to afford
commercial operators a reasonable period to comply.
c. The decommissioning obligations of Section 3(e), if applicable, shall commence on the effective
date.

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