This racial profiling policy is adopted in compliance with the
requirements of articles 2.131 through 2.136, Texas Code of Criminal
Procedure, which prohibits state peace officers from engaging in racial
profiling.
(Ordinance 011502, sec. 1, adopted 1/15/02)
Acts constituting racial profiling.
Acts initiating law enforcement action, such as a traffic
stop, a detention, a search, issuance of a citation, or an arrest,
based solely upon an individual’s race, ethnicity, or national
origin or on the basis of racial or ethnic stereotypes, rather than
upon the individual’s behavior, information identifying the
individual as having possibly engaged in criminal activity, or other
lawful reasons for the law enforcement action.
Race or ethnicity.
Of a particular descent, including Caucasian, African, Hispanic,
Asian, or Native American descent.
Racial profiling.
A 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. Racial profiling pertains to persons who are
viewed as suspects or potential suspects of criminal behavior. The
term is not relevant as it pertains to witnesses, complainants, persons
needing assistance, or other citizen contacts.
Pedestrian stop.
An interaction between a peace officer and an individual
who is being detained for the purposes of a criminal investigation
in which the individual is not under arrest.
Traffic stop.
The stopping of a motor vehicle by a peace officer for an
alleged violation of a law or ordinance regulating traffic.
(Ordinance 011502, sec. 2, adopted 1/15/02)
Peace officers of the city are strictly prohibited from engaging
in racial profiling. The prohibition against racial profiling does
not preclude the use of race, ethnicity, or national origin as factors
in a detention decision by a peace officer. Race, ethnicity, or national
origin may be legitimate factors in such a decision when used as part
of a description of a suspect or witness for whom a peace officer
is searching.
(Ordinance 011502, sec. 3, adopted 1/15/02)
(a) Any
person who believes that a peace officer employed by the city has
engaged in racial profiling with respect to that person may file a
complaint with the city, and no person shall be discouraged, intimidated,
or coerced from filing such a complaint, or be discriminated against
because they have filed such a complaint.
(b) The
city shall accept and investigate citizen complaints alleging racial
profiling by its peace officers. Such complaints shall be in writing,
or the city employee, officer, or official receiving the complaint
should reduce the same to writing, and should include the time, place,
and details of the incident of alleged racial profiling, the identity
or description of the peace officer or officers involved, and the
identity and manner of contacting the complainant.
(c) Any
peace officer, city employee, or city official who receives a citizen
complaint alleging racial profiling shall forward the complaint to
the chief of police within 12 hours of receipt of the complaint. All
such complaints shall be reviewed and investigated by the chief of
police within a reasonable period of time, and the results of the
investigation shall be filed with the chief of police and with the
complainant.
(d) In
investigating a complaint alleging racial profiling, the chief shall
seek to determine if the officer who is the subject of the complaint
has engaged in a pattern of racial profiling that includes multiple
acts constituting racial profiling for which there is no reasonable,
credible explanation based on established police and law enforcement
procedures. A single act constituting racial profiling may not be
considered a pattern of racial profiling, and shall not be grounds
for corrective action.
(e) In
the event that a complaint of racial profiling filed by an individual
involves an occurrence that was recorded on audio or video, the chief
shall, upon commencement of the investigation of the complaint and
upon written request of the officer, promptly provide a copy of the
recording to the peace officer that is a subject of the complaint.
(Ordinance 011502, sec. 4, adopted 1/15/02)
Any peace officer who is found, after investigation, to have
engaged in racial profiling in violation of this policy shall be subject
to corrective action, which may include reprimand; diversity, sensitivity
or other appropriate training or counseling; paid or unpaid suspension;
termination of employment; or other appropriate action as determined
by the chief of police.
(Ordinance 011502, sec. 5, adopted 1/15/02)
(a) For
each traffic stop in which a citation is issued and for each arrest
resulting from such traffic stops, a peace officer involved in the
stop shall collect information identifying the race or ethnicity of
the person detained, stating whether a search was conducted, and,
if a search was conducted, whether the person detained consented to
the search.
(b) The
information collected shall be compiled in an annual report covering
the period January 1 through December 31 of each year, and shall be
submitted to the governing body of the city no later than March 1
of the following year. The annual report shall not include identifying
information about any individual stopped or arrested, and shall not
include identifying information about any peace officer involved in
a stop or arrest.
(Ordinance 011502, sec. 6, adopted 1/15/02)
(a) The
chief of police of the city shall, immediately upon enactment of this
policy, commence examination of the feasibility of installing video
camera equipment and transmitter-activated equipment in each city
motor vehicle regularly used to make traffic stops, and transmitter-activated
equipment in each city motorcycle regularly used to make traffic stops,
and shall report to the governing body of the city.
(b) In
the event that the findings of such examination support the installation
of such equipment, the governing body shall consider and take action
on installing the equipment, applying for funding to secure and install
such equipment, or such other action as the governing body considers
appropriate.
(Ordinance 011502, sec. 7, adopted 1/15/02)
(a) In
the event that audio and video equipment is installed, each audio
and video recording shall be retained for a minimum period of ninety
(90) days unless a complaint is filed alleging that a peace officer
of the city has engaged in racial profiling with respect to a traffic
or pedestrian stop, in which case the recording shall be retained
until final disposition of the complaint.
(b) In conjunction with preparation of the annual report required under section
9.04.096, the chief of police shall periodically conduct reviews of a randomly selected sampling of video and audio recordings made recently by peace officers employed by the city in order to determine if patterns of racial profiling exist.
(c) In
reviewing audio and video recordings, the chief shall seek to determine
if the officer who is involved therein has engaged in a pattern of
racial profiling that includes multiple acts constituting racial profiling
for which there is no reasonable, credible explanation based on established
police and law enforcement procedures. A single act constituting racial
profiling may not be considered a pattern of racial profiling, and
shall not be grounds for corrective action.
(Ordinance 011502, sec. 8, adopted 1/15/02)
(a) If
the city is not able to obtain funding for the purchase of video and
audio documentation and fails to have video and audio equipment installed
in vehicles that are regularly used to make traffic and pedestrian
stops by January 1, 2003, then each peace officer of the city shall
make the following report for each traffic and pedestrian stop:
(1) A physical description of each person detained as a result of the
stop, including:
(B) The person’s race or ethnicity, as stated by the person, or,
if the person does not state the person’s race or ethnicity,
as determined by the officer to the best of his or her ability;
(2) The traffic law or ordinances alleged to have been violated or the
suspected offense;
(3) Whether the officer conducted a search as a result of the stop, and,
if so, whether the person detained consented to the search;
(4) Whether any contraband was discovered in the course of the search
and the type of contraband discovered;
(5) Whether probable cause to search existed and the facts supporting
the existence of that probable cause;
(6) Whether the officer made an arrest as a result of the stop or the
search, including a statement of the offense charged;
(7) The street address or approximate location of the stop; and
(8) Whether the officer issued a warning or a citation as a result of
the stop, including a description of the warning or a statement of
the violation charged.
(b) The
information in each report shall be analyzed and compiled in a report
that covers the period January 1 through December 31 of each year,
and shall be submitted to the governing body of the city no later
than March 1 of the following year. Each such report shall include:
(1) A comparative analysis of the information compiled by each officer under subsections
(a)(1) through
(8) of this section to:
(A) Determine the prevalence of racial profiling by peace officers employed
by the city; and
(B) Examine the disposition of traffic and pedestrian stops made by officers
employed by the city, including searches resulting from such stops;
and
(2) Information relating to each complaint filed with the city alleging
that a peace officer employed by the city had engaged in racial profiling.
(c) The
report required by this section may not include identifying information
about a peace officer who makes a traffic or pedestrian stop or about
an individual who is stopped or arrested by an officer.
(d) The
compilation of information, analysis, and report required by this
section shall not be required for any calendar year during which:
(1) The city has equipped all motor vehicles and motorcycles regularly
used to make traffic and pedestrian stops with audio and video equipment,
and each traffic and pedestrian stop made by a peace officer employed
by the city that is capable of being recorded by video and audio or
audio equipment, as appropriate, has been so recorded; or
(2) The city has certified to the department of public safety that it
needs funds for such audio and video equipment, but has not received
such funds.
(Ordinance 011502, sec. 9, adopted 1/15/02)
(a) Each
peace officer employed by the city shall complete the comprehensive
education and training program on racial profiling established by
the state commission on law enforcement officer standards and education
(TCLEOSE) not later than the second anniversary of the date the officer
was licensed, or the date the officer applies for an intermediate
proficiency certificate, whichever date is earlier. A person who on
September 1, 2001, held a TCLEOSE intermediate proficiency certificate,
or who had held a peace officer license issued by TCLEOSE for at least
two years, shall complete a TCLEOSE training and education program
on racial profiling not later than September 1, 2003.
(b) The
chief of police shall, in completing the training required by section
96.641, Texas Education Code, complete the program on racial profiling
established by the Bill Blackwood Law Enforcement Management Institute
of Texas.
(Ordinance 011502, sec. 10, adopted 1/15/02)