ENFIELD — Members of the public will have a chance to weigh in on a proposed drone use policy during a public hearing Monday evening.
The Selectboard approved a $15,000 donation from the Jack and Dorothy Byrne Foundation earlier this year to purchase a drone for the Enfield Police Department — with the caveat that the device would not be put into use until after town officials developed and approved a policy for how it could be deployed.
Town officials, including Selectboard members Erik Russell and Kate Plumley Stewart, interim Police Chief Luke Frye and Town Manager Ed Morris have worked to develop the policy since the board approved the donation in March.
“One of the big purposes is for protecting the privacy and the First and Fourth amendment rights of the citizens of Enfield,” Russell said in a recording of the May 18 Selectboard meeting. The draft policy says that it “is intended to protect privacy and civil liberties, ensure transparency, and limit government surveillance.”
Initially, then-Police Chief Roy Holland, who has since retired, said the department would use the drone for limited purposes, such as to search for missing persons.
But the Selectboard and residents expressed concerns that the drone could be used for surveillance, including of residents.
If approved, the policy — which is titled “Unmanned Aircraft Systems (UAS) Policy” — would apply to all town employees, elected and appointed officials, contractors, vendors, and mutual aid partners who operate a drone in Enfield, Russell said.
The proposed policy describes how officials can use the drone for public safety, such as for search and rescue, fire responses and investigations, assessing damage caused by natural disasters and for training purposes.
It also states how it can be used by law enforcement: “Police activity pursuant to a judicial warrant” and “In the enforcement of a violent felony and the suspect poses an imminent threat of deadly force to others,” according to a draft of the policy.
Russell said that the portion of the policy officials discussed the most was the latter one “and sort of came to the conclusion that by combining both … there’s been a violent felony committed and the suspect poses an imminent threat of deadly force … that’s a pretty high bar within the town of Enfield.”
The proposed policy also states how other municipal departments could use the drone. For example, members of the Conservation Commission could use it to identify invasive species in areas on town-owned conservation easements that are difficult to reach by foot, and the Public Works Department could use it to inspect infrastructure, including bridges and dams.
In a nod to concerns from residents, the proposed policy identifies 12 “expressly prohibited” uses, including patrolling or monitoring neighborhoods, “surveillance of peaceful assemblies or other constitutionally protected activities,” and enforcing municipal code violations.
Officials who use the drone can only record footage if they have a judicial warrant or with prior approval from the Selectboard.
The policy aims “to really nail down the purpose of protecting the privacy and rights of citizens,” Russell said.
The Selectboard will review the drone program quarterly and discuss the policy each year, according to a draft. Stewart pointed out that, if new information comes to light between reviews, the Selectboard can revisit it.
“There’s nothing in this policy that precludes us from coming back and making the policy better,” Stewart said in a recording of the May 18 meeting.
During the May 18 meeting, Frye, the interim police chief, spoke in support of the draft of the policy. He said that it would “respect people’s rights, while allowing us to do what we need to do.”
The hearing is scheduled to start at 6 p.m. Monday in the Whitney Hall Auditorium, at 23 Main St. in downtown Enfield. People can also stream the meeting via enfieldnh.gov/select-board/meeting/select-board-meeting-91.
The Selectboard could choose to vote on the policy after the public hearing or make more changes based on public feedback.
