12-11-01-Resolution-Adopting a Policy on Racial Profiling-12/03/2001RESOLUTION #12-11-01
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANGER, DENTON
COUNTY, TEXAS, ADOPTING A POLICY ON RACIAL PROFILING;
WHEREAS, Senate Bill 1074, enacted by theTexas Legislature and effective
September 1, 2001requires each law enforcement agency in the state to adopt a racial
profiling policy not later than January 1, 2002.
NOW, BE IT THEREFORE RESOLVED BY THE CITY COUNCIL OF THE CITY OF
SANGER, TEXAS, THAT THE CITY OF SANGER HEREBY ADOPTS THE FOLLOWING
RACIAL PROFILING POLICY:
I. Policyp and Purpose
This Racial Profiling is adopted incompliance with the requirements of Articles 2.131 through
2.136, Texas Code of Criminal Procedure, which prohibits Texas peace officers from engaging
in racial profiling.
II. Definitions
a. Racial Profiling: means 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 of criminal behavior. The term is not relevant as it
pertains to witnesses, complainants, persons needing assistance, or other citizen contacts.
b. Race or Ethnicity: means of a particular descent, including Caucasian, African, Hispanic,
Asian, or Native American descent.
c. Acts Constituting Racial Profiling: are 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.
d. Pedestrian Stop: means 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.
e. Traffic Stop: means the stopping of a motor vehicle by a peace officer for an alleged violation
of law or ordinance regulating traffic.
III. Prohibition
Peace officers of the City of Sanger 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.
IV Comulaint Process and Public Education
Any persons who believes that a peace officer employed by the City in 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.
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.
Any peace officer, city employee, or city official who receives a citizen complaint alleging
racial profiling shall forward the complain to the Chief of Police within 12 hours of receipt of
the complaint. Receipt of each complaint shall be acknowledged to the complainant in writing,
all such complaints shall be reviewed and investigated to the complainant in writing, all such
complaints shall be reviewed and investigated by the Sergeant within a reasonable period of
time, and the results of the Sergeant's review and investigation shall be filed with the Chief of
Police and with the complainant.
In investigating a complaint alleging racial profiling, the Chief of Police shall seek to determine
if the officer who is 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.
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
A 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.
The police department of the City of Sanger shall provide education to the public concerning
the racial profiling complaint process. A summary of the public education efforts made during
the preceding year shall be included with annual report filed with the governing body of the
City of Sanger under Part VI below.
V. Corrective Action
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.
VII. Audio and Video Equipment
(a) The Chief of Police of the City of Sanger 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 shall
report shall include funding options available to the City, including any funding available
through the Department of Public Safety.
(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. In the event the examination does not support installing
such equipment, the Chief of Police of the City shall periodically update the governing body
on such feasibility.
(c) In the event that the governing body determines that funds are needed in order to install
the equipment, it shall pass a resolution certifying that fact to the Department of Public Safety.
On receipt of either sufficient funds or video and audio equipment, the governing body shall
install video and transmitter -activated equipment in each motor vehicle regularly used to make
traffic stops, and shall install transmitter -activated equipment on each motorcycle regularly
used to make traffic stops, and the governing body shall pass a resolution certifying to the
Department of Public Safety that such equipment has been installed and is being used to record
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.
VIII. Review of Video and Audio Documentation -Standards
In the event that audio and video equipment is install, 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.
In conjunction with preparation of the annual report required under Part VI above, the Chief
of Police shall periodically conduct reviews of arandomly-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.
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 grounds for corrective action.
IX. Collection, Compilation, Analysis, and Reporting Requirements in Absence of Either Audio
and Video Equipment or Non -Funding Certification by the Governing Body.
(a) In addition to the annual report required when citations are issued and arrests made, and
so long as the City of Sanger has not equipped all motor vehicles and motorcycles regularly
used to make traffic and pedestrian stops with audio and video equipment, as applicable, and
so long as the City has not or is not able to certify to the Department of Public Safety that it
needs funds for such audio and video equipment but has not received such funds, then each
peace officer to the City shall make the following report for each traffic and pedestrian stoop:
(1) a physical description of each person detained as a result of the stop, including:
(A) the person's gender; and
(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 peace 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 citation as a result of the stop, including a
description of the warning or 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 of Sanger no later than March I of the following year. Each such report shall
include:
(1) A comparative analysis of the information compiled by each officer under Part IX
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 the Part IX 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 Part IX 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 is needs
funds for such audio and video equipment, as described in Part VH(c) above, but has not
received such funds,.
X. Peace Officer and Police Chief Training
(a) Each peace officer employed by the City shall complete the comprehensive education and
training program on racial profiling established by the Texas Commission on Law
Enforcement Officer Standards and Education (TCLEOSE) not later than the second
anniversary of the date of the officer was licensed, 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 Coue, complete the program on racial profiling established by the Bill Blackwood
Law Enforcement Management Institute of Texas.
PASSED ,APPROVED AND ADOPTED this the 3''d day of December, 2001.
-2 ,tom
ommy ' caid, Mayor
ATTEST:
Rosalie Chavez, City Secretary