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HomeMy WebLinkAboutRes 04-15 Adopting a Policy Prohibiting Racial ProfilingTOWN OF WESTLAKE RESOLUTION NO. 04-15 A RESOLUTION OF THE BOARD OF ALDERMEN OF THE TOWN OF WESTLAKE, TEXAS, ADOPTING A POLICY PROHIBITING RACIAL PROFILING. BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE TOWN OF WESTLAKE, TEXAS: SECTION 1: The Board of Aldermen of the Town of Westlake does hereby adopt a Policy Prohibiting Racial Profiling, attached here as Exhibit A. SECTION 2: This Resolution shall become effective upon the date of its passage. PASSED AND APPROVED ON THIS 8th DAY OF MARCH 2004. ATTEST: Scott Bradl y, Mayor din?r Crosswy, Town qcretary Trent O. Petty, Town M APPROVED AS TO FORM: z )4 L. ton L wr , o A orney EXHIBIT A RACIAL PROFILING POLICY POLICY ADOPTION Senate Bill 1074 passed by the 77th Legislature of the State of Texas requires that as of January 1, 2002, each law enforcement agency in this state shall adopt a detailed written policy on racial profiling. The policy must strictly prohibit peace officers from engaging in racial profiling. Furthermore, the policy must outline a process for individuals to file a complaint regarding racial profiling. The policy must also provide public education on the agency's complaint process and require corrective action to be taken against officers in violation of this policy. Lastly, the policy requires law enforcement agencies to collect and report data relating to traffic stops. On August 27, 2001, the Keller Police Department implemented policy to comply with the law, The policy was re -written to comply with CALEA National Accreditation Standards on 9/26/2003. The policy contained the following elements: A definition that clearly describes the act of Racial Profiling. ❑ A statement that strictly prohibits officers from engaging in Racial Profiling. o The implementation of a process by which an individual may file a complaint regarding racial profiling violations. ❑ Provide public education related to the complaint process. * The implementation of disciplinary guidelines for officers found in violation of the policy. Adopted a policy on standards for retaining and reviewing video and audio documentation of motor vehicle and pedestrian stops. © Procedures to collect data on persons who received traffic citations to include, race, whether a search was conducted, if so was it by consent, and was a custody arrest performed. Each peace officer employed by the City of Keller completed the comprehensive education and training program on racial profiling established by the Texas Commission on Law Enforcement Officer Standards and Education. The Chief of Police completed the program on racial profiling established by the BIII Blackwood Law Enforcement Management Institute of Texas. The Chief of Police also addressed all peace officers on the topic and how the practice would violate our mission statement of providing excellent value -driven police services. Furthermore, the practice will not be tolerated and any officer found in violation of the policy would be disciplined accordingly. The supervisors were instructed on how to receive complaints of racial profiling from the public. Lastly, the public education component was met by placing the complaint procedure on our web site that is linked to the Westlake web site and in a brochure available at the front counter of the police department, the Municipal Court in Westlake and in the field with our officers. DATA COLLECTION Because the Keller Police Department utilizes video and audio recording equipment in all of the cars assigned to patrol and traffic duty and audio recording equipment on our motorcycle traffic units, the law only requires us to collect racial profiling data on traffic stops where we issued citations or make an arrest resulting from the traffic stop. The officers make the necessary notations on the citations as to the race of the individual using the state mandated categories: White, Hispanic, Asian, Native American, African, and Other (not on the list or officer can't determine). The officer also makes the notation if a search was conducted and if so was it based on consent and if the violator was taken into custody. To allow for proper auditing and control procedures, employees of the Westlake Municipal Court (non -police department personnel) enter the data into a computer database and provide a report to the Chief of Police on a monthly basis. DATA ANALYSIS AND DISSEMINATION Each month the Chief of Police receives the report from the Westlake Municipal Court and enters it on a spread sheet looking to see if the data shows any trends of issuing citations, searching vehicles, and taking persons into custody at a rate that over represents any race category. The law does not provide a comparative baseline that must be used. The baseline used by this department includes the 2000 census data (Race by Percentage of Population), and vehicle availability data by race in the 2000 census. Comparative Analysis Table 1. Comparison of total citations issued by the Keller Police Department in the Town of Westlake and 2000 Census Data for Tarrant County, Denton County and DFW Region for the calendar year 2003. Race Percentage of 2000 Census 2000 Census 2000 Census total citations Data by Race Data by Race Data by Race issued by the for DFW for Tarrant for Denton Keller Police Dept Region County County in the Town of Westlake. White 79.02% 69.70% 71.20% 81.70% Black 8.88% 13.60% 12.80% 5.80% Indian 0% .60% .60% .70% Asian 1.71% 3.70% 3.60% 4.00% His anic10.91 % 21.40% 19.70% 12.09% Other 1.68% 9.90% 9.10% 5.53% ssued the ler Table 2, Comparison of citations yof vehicles available Department household by Town of Westlake and 2000 Census Data race for the calendar year 2003. CONCLUSION Upon reviewing and comparing the data on a monthly basis and collectively for the period 111/2003 through 12131/2003, no significant over representation of issuing citations to any particular race is readily apparent. The issuing of citations appears to be consistent with the current racial demographics for the town of Westlake and the Dallas/Ft. Worth Metroplex. Because the population of Westlake is so small (223) and the sample size of citations issued to Westlake residents (24) is equally insufficient for a good statistical sample it is important to use the regional racial demographic data for comparison. Furthermore9the bulk of ed tho ouhcitations hfiare that links Dallas,` Tarrantaand Denton ke were on Highway 114, a heavily travelg Counties. When looking at the data regarding the searching and arrest of individuals within Westlake it may appear that Hispanic individuals are being arrested and searched at a greater rate than represented in the demographics but before any type of conclusion can be drawn from this, one must look at just how small the sample is. The total sample for Hispanics arrested is 2 and the total number of Hispanics searched is 13 for the entire year. Upon checking our complaint files for 2003, one individual made a complaint believing he was stopped solely due to his race. While this one more than we had last year, I believe it is due to the increase public education on the topic. Furthermore our officers are very sensitive to the perception held by minority groups about the topic of racial profiling and encourage complainants to contact the Chief of Police for open and honest dialogue on the issue. A division commander of this department investigated the complaint and the result revealed that the stop was based on the bei of the motorist and not the race. The complainant communicated appreciation for our efforts and did not dispute the findings. ercentage 2000 Census 2000 Census f Citations Percentage of Percentage of Racesued by the TKeller vehicles by Race available vehicles by Race1e Police Dept. in the to Tarrant Denton Town of County County Westlake Residents Residents White 79.02% 70.17% 8Q.84% Black 6.68% 11.67% 5.58% Hispanic 10.91% 13.51% 12.09°>° 3.18% Asian 1.71% 2.79% CONCLUSION Upon reviewing and comparing the data on a monthly basis and collectively for the period 111/2003 through 12131/2003, no significant over representation of issuing citations to any particular race is readily apparent. The issuing of citations appears to be consistent with the current racial demographics for the town of Westlake and the Dallas/Ft. Worth Metroplex. Because the population of Westlake is so small (223) and the sample size of citations issued to Westlake residents (24) is equally insufficient for a good statistical sample it is important to use the regional racial demographic data for comparison. Furthermore9the bulk of ed tho ouhcitations hfiare that links Dallas,` Tarrantaand Denton ke were on Highway 114, a heavily travelg Counties. When looking at the data regarding the searching and arrest of individuals within Westlake it may appear that Hispanic individuals are being arrested and searched at a greater rate than represented in the demographics but before any type of conclusion can be drawn from this, one must look at just how small the sample is. The total sample for Hispanics arrested is 2 and the total number of Hispanics searched is 13 for the entire year. Upon checking our complaint files for 2003, one individual made a complaint believing he was stopped solely due to his race. While this one more than we had last year, I believe it is due to the increase public education on the topic. Furthermore our officers are very sensitive to the perception held by minority groups about the topic of racial profiling and encourage complainants to contact the Chief of Police for open and honest dialogue on the issue. A division commander of this department investigated the complaint and the result revealed that the stop was based on the bei of the motorist and not the race. The complainant communicated appreciation for our efforts and did not dispute the findings. REC{)MM END JIQNS Based on the findings in this report, the Keller otiallice raciD�profiling praepartment lll adct ces�ntthe future: following measures aimed at preventing pten • Continue to emphasize the prohibition of racial profiling as outlined in General Order 1003 of the Keller Police Department General Orders. • Annually all sworn personnel will receive training in bias based profiling issues including field contacts, traffic stops, search issues, asset seizure, interview techniques, cultural diversity,i�relquiredrunder thecommunity law opnpa monthly • Continue to collect the citationdata s basis looking for any abnormal trends. • Share with the officers the traffic citation data on a monthly basis and commend them for a enforcing the law without racial biases. • Continue to equip the marked patrol units with video and audio systems and have the supervisors randomly review the tapes of the individual officers. • Continue to share and educate the public on the topic of racial profiling. • Continue to foster an environment that maintains the trust of the community that the organization will investigate all allegations of police misconduct in a fair and impartial manner. • Continue our journey to become a Nationally Accredited Police Agency that will improve our policies and operations and therefore make us more responsive to the community we serve. x 0 0. r Ca � y X � > O CD r - w O m CD PI)C:) n D XW CD z �O:Er 1 0U ---I r I1I O �I=,> m � �� D w w TI CD `t' oI c°1m CD A) w o w c i n' m CD 4] C " meq° _ C i h = N `{ a w _ _ cn C,= o CJl 0N wQ W 1 CJ [nCP W Ln Ci) O W O Al tF O W- co N 0) CA 1 N v W o CD CA "0 3 O � [7 CD Q C)maoc � _ COCXR 1 N (D cQ O 0 O O O 0 O O C7 CQ CD 1 O 1 00 C4 V Q Ln V -.� N 0 0 0 0 0 0 00 U O O O Q s p W U1 N 0 w w N =Cj s O W 00 C -44 w0X, c000 Q O O 0 11 0 0 '0 O NO0 N Q n 4 CD co Cn Np O ET O O O O Q 0 N O O 00 cn 4 CD Ln W O 0 1 co O :3_ n 0 0) V M 0 W O O O O:3 C7 CD a a a o o in ry, CD N j O W C�7� CD �_ 7 En W v 0 0 O GOi S 0 s iD NW p TJ W W O w o \-\ \ 0 O O O O O CD (D J 1 OCD co co O C7 V O C7) © O O OO p' O 3 CC Q a o o CD 0 0 0 0 C1 U7 n N wLo 2 CD 0' N N O Co -0 F Q 1V D O -� N C%7 CD N O O �f O W, CS a m s o O O m p 7 cin D O w w O W o -4 CD Cn CR O CCD CD C) Cq m 0 0 0 0 o a O CSD SE 0 w o 0 ° CL 0 CD o 0 0 0 20 C -4 0 0 CD N CD C � CD CD L1 � C CD O (a � 0 a _ B O O C7 4�1 m O CD 0 _ i O O O V-4 0'i O CD 0 O O O O Q3 C O x 0 0. r Ca � y X � > O CD r - w O m CD PI)C:) n D XW CD z RACIAL PROFILING 100.03 PURPOSE AND RESPONSIBILITY: IV Effective Date: 09/26/03 Standard: 1.2.9 A Pgms_e: To set the policy and establish the procedures to prevent racial profiling at the Keller Police Department. B, Responsibility: 1. It will be the responsibility of the Chief of Police to provide the Keller City Council an annual report containing Texlasldata Rac al Profiling ntg Law (S.Bjc contacts made in accordance with he No. 1074). DEFINITIONS: A. RACIAL PROFILING: Law enforcement initiated action based on an individual's race, ethnicity, or national origin rather than on the individual's behavior or on information identifying the individual as having engaged in criminal activity. B. RACE or ETHNICITY: Means of a particular descent, including Caucasian, African, Hispanic, Asian, or Native American descent. PO: A. it is the policy of the Keller Police Department that law enforcement -initiated action based on an individual's race, ethnicity, or nationa! origin rather than on the individual's behavior or on information identifying the individual as having engaged in criminal activity is strictly prohibited. Profiling in regards to traffic contacts, field contacts, asset seizures and forfeiture efforts will not be allowed. Any officer found in violation of this policy will be disciplined accordingly. stanJard 1.2.9(E) PROCEDURES: A. MOTOR 1/EHICLE and PEDESTRIAN STOPS: Keller Police Department Administrative Directive Policy 100.03 Page 1 of 5 Revised: 1, Officers will be diligent during their patroland ordpedestriansewhenevenforce ther the traffic laws, and stop and detain motorist is reasonable suspicion that theycommitted, are about to commit an infraction of the law- An arrest can only be made. With probable cause. a. An officer should not stop a driver or Pa thelan when looking suspect and the for a suspect if the only commonality between civilian is his or her race/ethnicity. b. Officers should not pick out people snopa� race etrom among lh� ci#y. situated individuals based in wh Prt of their For example, a driver speeding in stream f raceic sho ltd ulnot be picked out from among the traffic e of c. An officer should not stop a driverwhen there is no traffic °slation in order to get a look inside the vehicle based on the driver race/ethnicity. 2. Officers must conduct themselves in a dignified and respectful fess onal keeping t all times. The officers must. remain co ed by a police officer. in mind the anxiety the person will feel when stopp Officers will remain professional and courteous even if challenged verbally from the detained individual. 3. During the stop of the motorist or pedestrian,o isers car shahs pursuant utilize he e mobile video and audio recording equipped i General Order 401.04. Motorcycle officers will use the audio recording device during the stops. 4. The detaining of motorists and pedestrians Wil be brief forthein duration detention with andofficers shall explain to the individual the reason the objective to gain compliance and understanding. 5. 1f the officer decides to issue a citation mors akee the an #�� � �a°an the ace custody for a more serious offense the office of the individual using the following codes: a. White/Caucasian (W) b. Hispanic (H) C' Asian (A) d. Native American (1) _ Revised: Keller Police Department Administrative Directive page 2 of 5 Policy 100.03 e. African (B) f. Other (can't determine) ('D) 6. When issuing a citation resulting from a traffic stop the officer shall record the following information in the remark section of the ticket: a. Search YIN b. Consent YfN if Y above B. COMPLAINTS of RACIAL PROFILING: 1. Any person may file a complaint with the department if they believe law enforcement -initiated action was based on the individual's race, ethnicity, or national origin rather than on the individual's behavior or on information identifying the individual as having engaged in criminal activity. 2. Any officer, including the officer who initiated the stop, who is told by the citizen that they wish to file a complaint, shall inform the person that they can meet a supervisor at police headquarters or contact the supervisor on the telephone providing telephone told t call�backber �he next day unless the complainant. t no time should the complainant be they desire to do so. 3. Supervisors receiving the complaint of racial profiling shall record the name, address, telephone number and the allegation from the complainant. The individual oact d wthahe findings opthetht the t will be taken seriously and they wibe c investigation. The supervisor will obtain the videotape from the mobile video recording system or the audiotape if the stop involved a motor officer. The tape along with the information from the complainant should be forwarded to the Chief's office for assignment. 4. The Chief of Police shall assign the complaint to the Division Commander or the Internal Affairs investigator based on the complaint. 6. In conformance with the act on Racial Profiling, on the commencement of an investigation by a law enforcement agency of a complaint regarding racial profiling the agency shall promptly provide a copy of the video/audio recording to the peace officer that is the subject of the complaint on written request by the officer. 6. Should the results of the investigation show that the officer had engaged Revised: Keller Police Department Administrative Directive page g of 5 Policy 100.03 f Police shll in racial profiling in violation of this policy ncion can aangee corrective action against the officer. The corrective a from training up to and including termination depending on the totality of the circumstances. sfandaid 1.2.9 (c) a. If the complaint is "not sustained" the complainant may appeal the determination to the City Manager's Office. b. The complainant also has the right to appeal the determination to the Tarrant County District Attorney's Office. 7, This agency will comply with the public education requirement e by having act by posting the complaint process on our interneeb printed brochures on the complaint procedure on the stable. in our public lobby, and also available from the officers C. RETENTION of VIDEO and AUDIO TAPES: 1. The act on Racial Profiling requires the auddno and a s after date of the eotapes of traffic and pedestrian stops to be retained for 90 Y stop. In case of a complaint the tape will be retained until the disposition of the complaint. 2. The standards and safeguards ffor for the video and audiotapes are outlined in. General Order D. TRAIN 1. Annually all sworn personnel will receive a$ning in searchslas suesaa setsed rseiizugre issues including field contacts, trafficstops, and forfeiture, interview techniques, cultural diversity, discrimination, and community support. standard 1.2.9 (b) E. REPORTING REQUIREMENTS 01= THE ACT: 1. The Chief of Police shall make an annual report to the hla c auocilis n the information collected relating to traffic stops in issued and to arrests resulting from those traffic stops containing the following: a. The race or ethnicity of the individuals detained. b. Whether a search was conducted and, if so, whether the person consented. Revised: Keller Police Department Administrative Directive Page 4 of 5 Policv i 00M C. Report on the number of racial profiling complaints and community concerns on the issue. 2. The required report will not contain identifying information about the officers or the individuals detained. 3. The annual report will be submitted duM 9 ��� pst eriod each January information complied by the agency 1' and ending December 31 s#. Standard 1.2,9A Revised: Keller Police Department Administrative Directive page 5 of 5 policy 100.03 �[ # D WIER %: Chief Mark R. Hafner From: Lieutenant Rex L. Phelps CC: Date: January 13, 2004 Re: Racial Profiling Complaint Summary 2003 — 2004 2003 —2004 3 — Racial Profiling complaints Memo kcl�cr I` (3) Unfounded a - �+2rt We received three complaints of possible racial profiling fthis undedpast year. aEacac ompplai division was objectively investigated and each complaint was commander handled the investigation. These three complaints were against different officers. In all cases the complainants received the proper commund. ication om lndantdetailed s c led summary u m ed ao the investigation and wer thatthey wereeappreciative o ourefforts and did not dispute the the respective command findings of the investigations. r Lt. Rex L. Phelps a Page 1