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Glenn Heights Police Department
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| General Order |
Chapter |
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Effective
Date: January 1,
2002 |
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Latest
Revision: |
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| Subject: RACIAL PROFILING |
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| Section 1 POLICY |
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| The Glenn Heights Police Department has established a Racial Profiling
Policy in compliance 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. |
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| Section 2 DEFINITIONS |
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| 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. 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. |
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| Race of Ethnicity: Persons of a particular descent, including
Caucasian, African, Hispanic, Asian, or Native American descent. |
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| Acts Constituting Racial Profiling: Acts
initiating law enforcement action, such as a traffic stop, detention,
search, citation or arrest based solely upon an individual’s
race, ethnicity, or national origin or based on racial or ethnic
stereotypes, rather than on the individual’s behavior, information
identifying the individual as having possibly been involved in criminal
activity or other lawful reasons for the law enforcement action. |
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| Pedestrian Stop: An interaction between police and an individual
who is detained for the purpose of a criminal investigation in which
the individual is not under arrest. |
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| Traffic Stop: The stopping of a motor vehicle by a peace
officer for an alleged violation of law or ordinance regulating traffic. |
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| Section 3 PROHIBITION |
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| Peace Officers for the Glenn Heights Police Department 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 police officer. Race, ethnicity, or national origin may be
legitimate factors in such decisions when used as part of a description
of a suspect or witness for whom a peace officer is searching. |
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| Section 4 COMPLAINT
PROCESS |
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| A. Any
person who believes that a peace officer employed by the Glenn Heights
Police Department has engaged in racial profiling with respect to
that person may file a complaint in accordance with Glenn Heights
Police Department General Orders. No
person shall be discouraged, intimidated or coerced from filing such
a complaint, or be retaliated against because they have filed such
a complaint. |
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| B. The
Police Department shall accept and investigate citizen complaints
alleging racial profiling by its peace officers. Complaints should be in writing, or the employee,
officer or official receiving the complaint should reduce the complaint
to writing and should include the time, place, and details of the
alleged racial profiling incident along with the identity or description
of the police officer(s) involved, and the identity and manner of
contacting the complainant. Complaints
should be submitted to the police department within 90 days of the
alleged event of racial profiling in order to preserve the evidence
reflected in any audio or video recording; however, a complaint shall
be accepted at any time submitted. |
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| 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, or designee, within twelve (12) hours of receipt
of the complaint. Receipt
of each complaint shall be acknowledged to the complainant in writing. All complaints shall be reviewed and investigated
by the Chief of Police or designee within a reasonable period of
time and the results of the review and investigation shall be filed
with the Police Department and with the complainant. |
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| D. The
investigation of a complaint alleging racial profiling shall seek
to determine if the Glenn Heights peace officer that is the subject
of the complaint has been engaged in a pattern of racial profiling. This would include 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, but it may be
grounds for corrective action. |
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| E. In
the event a complaint of racial profiling filed by an individual
involves an occurrence that was recorded on audio or video, the Glenn
Heights Police Department shall, upon commencement of the investigation
of the complaint, and upon a written request of the officer, promptly
provide a copy of the recording to the peace officer that is the
subject of the complaint. |
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| Section 5 PUBLIC EDUCATION |
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| The Glenn Heights Police Department 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 the annual report filed with the City
of Glenn Heights Council and City Manager. |
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| Section 6 CORRECTIVE ACTION |
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| Any peace officer employed by the Glenn Heights Police Department
who is found, after investigation, to have engaged in racial profiling
in violation of this policy shall be subject to corrective action
in accordance with the Glenn Heights Police Department General Orders
Manual. |
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| Section 7 COLLECTION
OF INFORMATION AND ANNUAL REPORT WHEN A CITATION IS ISSUED OR
ARREST MADE |
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| A. Each
traffic stop in which a citation is issued and for each arrest resulting
from such traffic stops, the 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. This information shall be collected, compiled
and reported irrespective of whether the City has the audio or visual
equipment referenced in Section 8 herein. |
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| B. The
information collected shall be compiled in an annual report covering
the period of January 1 through December 31 of each year and shall
be submitted to the City Council and City Manager no later than March
1 of the following year. The
annual report shall not include identifying information about any
peace officer involved in a stop or arrest. |
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| Section 8 AUDIO AND VIDEO EQUIPMENT |
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| The Glenn Heights Chief of Police shall examine the feasibility
of installing and maintaining video camera equipment and transmitter-activated
equipment in each Glenn Heights police vehicle regularly used to
make traffic stops and transmitter-activated equipment in each police
motorcycle regularly used to make traffic stops. |
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| Section 9 REVIEW OF VIDEO AND AUDIO DOCUMENTATION – STANDARDS |
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| A. Each
audio and video recording shall be retained for a minimum period
of ninety (90) days unless a complaint is filed alleging that a police
officer employed for the Glenn Heights Police Department 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. |
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| B. In
conjunction with preparation of the annual report required under
Part 7 above, the Chief of Police or designee shall periodically
conduct reviews of randomly selected sampling of video and audio
recordings made recently by peace officers employed by the City of
Glenn Heights in order to determine if patterns of racial profiling
exist. The review shall be conducted at least once every ninety days. The Chief of Police or designee will document
each review. |
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| C. In
reviewing audio and video recordings, the Chief of Police or designee
shall seek to determine if the officer who is involved has engaged
in a single act of racial profiling in violation of this policy or
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 may constitute racial profiling in violation of this policy
that may subject an officer to corrective action. A
single act, however, does not constitute a pattern or practice of
racial profiling. |
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| Section 10 COLLECTION,
COMPILATION, ANALYSIS, AND REPORTING REQUIREMENTS IN ABSENCE
OF EITHER AUDIO AND VIDEO EQUIPMENT OR NON-FUNDING CERTIFICATION
BY THE GOVERNING BODY |
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| A. In
addition to the annual report required when citations are issued
and arrests are made, and so long as the City of Glenn Heights 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 of the City shall make the following report for
each traffic and pedestrian stop: |
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| 1. Physical
description of each person detained as a result of the stop, including: |
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| a. |
gender; |
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| b. |
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; |
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| c. |
the traffic law or ordinance alleged
to have been violated or the suspected offense; |
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| d. |
whether the officer conducted a search as a result of the stop,
and if so, whether
the person detained consented to the search; |
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| e. |
whether any contraband was discovered in the course of the
search and the type of contraband discovered; |
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| f. |
whether probable cause to search existed and the facts supporting
the existence
of that probable cause; |
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| g. |
whether the officer made an arrest as a result of the stop
or the search including
a statement of the offense charged; |
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| h. |
the street address or approximate
location of the stop; and |
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| i. |
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. |
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| 2. 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 City Council and City Manager no later
than March 1 of the following year. Each
report shall include: |
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| a. |
Comparative analysis of the information compiled under Section
10(A)(1)(a-i) to: |
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(1) |
determine the prevalence of racial profiling by peace officers
employed by
the City; and |
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(2) |
examine the disposition of traffic
and pedestrian stops made by officers employed
with the City, including searches resulting from such stops; and |
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| b. |
Information relating to each complaint
filed with the City alleging that a peace officer employed by
the Glenn Heights Police Department had engaged in racial profiling. |
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| c. |
The report required by this Section 10 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. |
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| d. |
The compilation of information, analysis and report
required by this Section 10 shall not be required for any calendar
year during which: |
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(1) |
The City had 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 Glenn Heights Police Department that
is capable of being recorded by video and audio or audio equipment,
as appropriate, has been so recorded, or |
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(2) |
The City has certified to the Department of Public Safety that
it needs funds for such audio and video equipment, as described
in Part 8 above, but has not received such funds. |
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| Section 11 PEACE OFFICER AND POLICE CHIEF TRAINING |
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| A. Each
peace officer employed by the Glenn Heights Police Department 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 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 by TCLEOSE for at least two years, shall complete
a TCLEOSE training and education program on racial profiling not
later than September 1, 2003. |
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| 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. |
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