Loading...
HomeMy WebLinkAboutIR 8367 INFORMAL REPORT TO CITY COUNCIL MEMBERS No. q-AA J To the Mayor and Members of the City Council December 4, 2001 Subject: RACIAL PROFILING INFORMATION Council representatives Lane and Moss had previously requested information concerning the state's new racial profiling law and the requirements of law enforcement agencies. The following information provides an overview of the law itself, the action taken by the police department and upcoming actions to be in compliance with the law. Racial Profiling Procedures Article 2.132 of the Texas Code of Criminal Procedure, which deals with racial profiling, became law on September 1, 2001. The law states that law enforcement departments must: • Develop a policy which defines and prohibits racial profiling • Implement a process for individuals to file a racial profiling complaint • Provide public education relating to the department's complaint process • Take appropriate corrective action against an officer who engages in racial profiling • Collect information relating to traffic stops in which a citation is issued or an arrest made • Report annually to the city about the information collected. (The first report to the . city is required on March 1, 2003.) 'few The Texas Commission on Law Enforcement Officer Standards and Education (TCLEOSE) is responsible for establishing statewide comprehensive education and training for officers on racial profiling, and for developing guidelines for compiling and reporting collected information. In compliance with these requirements the police department issued the following Special Order on August 31,2001 outlining the required elements: 321.06 Racial Profiling A. Officers are strictly prohibited from engaging in racial profiling. B. Definitions 1. Race or ethnicity - a particular descent, including Caucasian, African, Hispanic, Asian, or Native American. 2. Racial Profiling - Article 3.05 of the Texas Code of Criminal Procedure defines racial profiling as 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. C. Allegations of racial profiling 1. Individuals may report allegations to any supervisor or Internal Affairs Division for an investigation. 2. Employees shall report allegations to any supervisor or Internal Affairs Division for an investigation. ISSUED BY THE CITY MANAGER FORT WORTH,TEXAS INFORMAL REPORT TO CITY COUNCIL MEMBERS No, R.'467 To the Mayor and Members of the City Council December 4, 2001 .." Page 2 of 3 ax Subject: RACIAL PROFILING INFORMATION ran 3. Supervisors shall monitor the adherence to the General Orders by all employees under their command and, when necessary, shall initiate an investigation into all alleged violations established under this General Order. 4. Allegations of misconduct and disciplinary action shall follow the procedures as outlined in General Order 410.00. Officers shall be subject to disciplinary action up to and including indefinite suspension for engaging in racial profiling. D. Data will be collected on all traffic stops in which a citation is issued or when arrest results from a traffic stop. With the issuance of a citation, officers will record on the back side of the citation whether a search was conducted and, if so, whether the person detained consented to the search or the search was incident to an arrest. 1. Data concerning the recorded information of the search and on the race or ethnicity of the individual detained will be recorded by the bureau and forwarded monthly to Research and Planning for preparation of an annual report. NOTE: Data collection begins on January 1, 2002. E. Information related to Fort Worth Police Department procedures is available on the department's Internet website. The police department website has a link entitled "Racial Profiling" which provides the definition of racial profiling and directs any citizen alleging racial profiling to contact any police supervisor or the Internal Affairs Division for an investigation of the allegations. The website provides the address and phone number for the Internal Affairs Division, as well as the link for the four Patrol Division facilities. The citizen is encouraged to report any complaint in a timely manner since state law directs the police department's receipt of the complaint, investigation, and beginning of discipline of the officer be completed within 180 days after the occurrence of the act. For criminal matters, the time frame is 180 days from the discovery of the act. In addition to the Special Order and information for the public through the department's website, the police officer's in-service school that began on October 29, 2001 is providing all officers four hours of training on racial profiling. The current recruit training regarding racial profiling is provided through the TCLEOSE mandated course, "Multi-culturalism and Human Relations"and the Academy's class, "Patrol Techniques." On January 1, 2003, additional information such as location of stop, whether contraband was discovered, whether probable cause to search existed, and traffic law violation or offense suspected would be required on all traffic and pedestrian stops. Police departments are exempt from this additional reporting if: • They have video cameras and transmitter activated equipment in patrol cars, and l� transmitter activated equipment on police motorcycles, or; ISSUED BY THE CITY MANAGER FORT WORTH,TEXAS INFORMAL REPORT TO CITY COUNCIL MEMBERS No.. 8--ic,7 To the Mayor and Members of the City Council December 4, 2001 Page 3 of 3 X Subject: RACIAL PROFILING INFORMATION • The City Council and police department certifies to the Department of Public Safety that it needs funding for audio and video equipment, and state funds are then not allocated to Fort Worth for this purpose. Staff will return with an M&C regarding this certification process for the Council's approval at your next session. If you have questions or would like additional information, please don't hesitate to contact Police Chief Ralph Mendoza. W. hesitate son W. Ja son City Manager ISSUED BY THE CITY MANAGER FORT WORTH,TEXAS