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17-A Racial Profiling Report CITY OF PARIS POLICE DEPARTMENT RACIAL PROFILING REPORT YEAR 2006 ._... .oW_. ,_'.'_ ...._ ,.._.__ _ RACIAL PROFILING REPORT / 2006 FEBRUARY 22, 2007 The City of Paris Police Department annually collects police contact data as prescribed by Senate Bill 1 074 for the purpose of identifying and responding to citizen concerns and/or allegations regarding the practices of racial profiling. This is the annual report produced by the Paris Police Department in compliance with the law and also serves to inform the citizens of Paris, Texas, regarding these issues. It is truly the objective and desire of the Paris Police Department to enforce the law in a fair, impartial, and just manner to each citizen of Paris. It is the department's goal to continually reach out to all of our citizens in an effort to improve our services and maintain a caring and cooperative relationship with the entire community. Racial profiling is not permitted, tolerated, nor condoned by the officers of the Paris Police Department. However, we realize that we must be ever vigilant and sensitive to our citizens to keep even the perception of such unjust actions from occurring. This report contains all of the information as requested in order to comply with the law and inform our citizens as mandated by Senate Bill 1074. The information collected within this report is comprised of data garnered from January 1, 2006, through December 31, 2006. All of the collected data and/or information has been compared and analyzed according to the requirements of Senate Bill 1074. Again, it has been and continues to be the policy of the Paris Police Department to banish the practice of racial profiling among its officers. Hopefully, this document will inform and instruct the reader with helpful information and assistance while at the same time striving to comply completely with the state law. The Paris Police Department is always open to proactive ideas in which ways may be found to improve our relationships and police operations with our citizens. \(~~ Karl Louis Chief of Police PARIS POLICE DEPARTMENT 2006 ANNUAL REPORT TABLE OF CONTENTS Section 1. Introduction A. Opening Statement, p. 1 B. Table of Contents, p. 2 C. Senate BiIlI074, pp. 3-15 D. Outline of Requirements of S.B. 1074, pp. 16-20 Section 2. Back2round A. City Demographical Information, p. 22 B. Background Information on Paris Police Department, p. 23 C. Reports/Reviews: Police Vehicle Inventory (Use of AudioNideo Equipment), pp. 24-26 D. Training Report, p. 27 Section 3. Compliance A. Racial Profiling Policy of the City of Paris Police Department, pp. 29-33 B. Complaint Form and Education, pp. 34-36 C. Educational Campaign/Informing the Public, p. 37 D. Police Contact Information, pp. 38-41 E. Report on Citizen Complaints/Allegations, p. 42 F. Analysis & Interpretation of Data, p. 43 G. City of Paris Contact Information, p. 44 2 S.B. NO. 1074 AN ACT relating to the prevention of racial profiling by certain peace officers. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: SECTION 1. Chapter 2, Code of Criminal Procedure, is amended by adding Articles 2.131 through 2.138 to read as follows: ART. 2.131. RACIAL PROFILING PROHIBITED. A peace officer may not engage in racial profiling. ART. 2.132. LAW ENFORCEMENT POLICY ON RACIAL PROFILING. (a) In this article: (1) "Law enforcement agency" means an agency of the state, or of a county, municipality, or other political subdivision of the state, that employs peace officers who make traffic stops in the routine performance of the officers' official duties. (2) "Race or ethnicity" means of a particular descent, including Caucasian, African, Hispanic, Asian, or Native American descent. (b) Each law enforcement agency in this state shall adopt a detailed written policy on racial profiling. The policy must: (1) clearly define acts constituting racial profiling; (2) strictly prohibit peace officers employed by the agency from engaging in racial profiling; (3) implement a process by which an individual may file a complaint with the agency if the individual believes that a peace officer employed by the agency has engaged in racial profiling with respect to the individual; 4 (4) provide public education relating to the agency's complaint process; (5) require appropriate corrective action to be taken against a peace officer employed by the agency who, after an investigation, is shown to have engaged in racial profiling in violation of the agency's policy adopted under this article; (6) required collection of information relating to traffic stops in which a citation is issued and to arrests resulting from those traffic stops, including information relating to: (a) the race or ethnicity of the individual detained; and (b) whether a search was conducted and, if so, whether the person detained consented to the search; and (7) require the agency to submit to the govemingbody of each county or municipality served by the agency an annual report of the information collected under Subdivision (6) if the a,gency is an agency of a county, municipality, or other political subdivision ofthe state. (c) The data collected as a result of the reporting requirements of this article shall not constitute prima facie evidence of racial profiling. (d) On adoption of a policy under Subsection (b), a law enforcement agency shall examine the feasibility of installing video camera and transmitter-activated equipment in each agency law enforcement motor vehicle regularly used to make traffic stops and transmitter-activated equipment in each agency law enforcement motorcycle regularly used to make traffic stops. If a law enforcement agency installs video or audio equipment as provided by this subsection, the policy adopted by the agency under Subsection (b) must include standards for reviewing video and audio documentation. (e) A report required under Subsection (b )(7) may not include identifying information about a peace officer who makes a traffic stop or about an individual who is stopped or arrested by a peace officer. This subsection does not affect the collection of information as required by a policy under Subsection (b)( 6). 5 (f) On the commencement of an investigation by a law enforcement agency of a complaint described by Subsection (b )(3) in which a video or audio recording of the occurrence on which the complaint is based was made, the agency shall promptlv provide a copy of the recording to the peace officer who is the subiect of the complaint on written request bv the officer. ART. 2.133. REPORTS REQUIRED FOR TRAFFIC AND PEDESTRIAN STOPS. (a) In this article: (1) "Race and ethnicitv" has the meaning assigned bv Article 2.1 32(a). (2) "Pedestrian stop" means an interaction between a peace officer and an individual who is being detained for the purpose of a criminal investigation in which the individual is not under arrest. (b) A peace officer who stops a motor vehicle for an alleged violation of a law or ordinance regulating traffic or who stops a pedestrian for any suspected offense shall report to the law enforcement agency that employs the officer information relating to the stop, including: (1) a phvsical description of each person detained as a result ofthe stop, including: (a) the person's gender; and (b) the person's race or ethnicitv, as stated bv the person or, if the person does not state the person's race or ethnicity, as determined by the officer to the best of the officer's ability; (2) the traffic law or ordinance 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 anv contraband was discovered in the course of the search and the type of contraband discovered; 6 (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. ART. 2.134. COMPILATION AND ANALYSIS OF INFORMATION COLLECTED. (a) In this article, "pedestrian stop" means an interaction between a peace officer and an individual who is being detained for the purpose of a criminal investigation in which the individual is not under arrest. (b) A law enforcement agency shall compile and analyze the information contained in each report received by the agency under Article 2.133. Not later than March 1 of each vear, each local law enforcement agency shall submit a report containing the information compiled during the previous calendar year to the governing body of each county or municipality served by the agency in a manner approved by the agency. (c) A report required under Subsection (b) must include: (1) a comparative analysis of the information compiled under Article 2.133 to: (a) determine the prevalence of racial profiling by peace officers employed by the agency; and (b) examine the disposition of traffic and pedestrian stops made by officers employed by the agency, including searches resulting from the stops; and (2) information relating to each complaint filed with the agency alleging that a peace officer employed by the agency has engaged in racial profiling. (d) a report required under Subsection (b) may not include identifying 7 information about a peace officer who makes a traffic or pedestrian stop or about an individual who is stopped or arrested by a peace officer. This subsection does not affect the reporting of information required under Article 2.133(b)(1 ). (e) The Commission on Law Enforcement Officer Standards and Education shall develop guidelines for compiling and reporting information as required by this article. (f) The data collected as a result of the reporting requirements ofthis article shall not constitute prima facie evidence of racial profiling. ART. 2.135. EXEMPTIONS FOR AGENCIES USING VIDEO AND AUDIO EQUIPMENT. (a) a peace officer is exempt from the reporting requirement under Article 2.133 and a law enforcement agency is exempt from the compilation, analysis, and reporting requirements under Article 2.134 if: (1) during the calendar year preceding the date that a report under Article 2.134 is required to be submitted: (a) each law enforcement motor vehicle regularly used by an officer employed by the agency to make traffic and pedestrian stops is equipped with video camera and transmitter-activated equipment and each law enforcement motorcycle regularly used to make traffic and pedestrian stops is equipped with transmitter-activated equipment; and (b) each traffic and pedestrian stop made by an officer employed by the agency that is capable of being recorded by video and audio or audio equipment, as appropriate, is recorded by using the equipment; or (2) the governing body ofthe county or municipality served by the law enforcement agency, in coni unction with the law enforcement agency, certifies to the Department of Public Safety, not later than the date specified by rule by the department, that the law enforcement agency needs funds or video and audio equipment for the purpose of installing video and audio equipment as described by Subsection (a)(1 )(A) and the agency does not receive from the state funds or video and audio equipment sufficient, as determined by the department, for the agency to accomplish that purpose. 8 (b) Except as otherwise provided by this subsection, a law enforcement agency that is exempt from the requirements under Article 2.134 shall retain the video and audio or audio documentation of each traffic and pedestrian stop for at least 90 days after the date of the stoP. If a complaint is filed with the law enforcement agency alleging that a peace officer employed by the agency has engaged in racial profiling with respect to a traffic or pedestrian stop, the agency shall retain the video and audio or audio record of the stop until final disposition of the complaint. ( c) This article does not affect the collection or reporting requirements under Article 2.132. ART. 2.136. LIABILITY. A peace officer is not liable for damages arising from an act relating to the collection or reporting of information as required by Article 2.133 or under a policy adopted under Article 2.132. ART. 2.137. PROVISION OF FUNDING OR EQUIPMENT. (a) The Department of Public Safety shall adopt rules for providing funds or video and audio equipment to law enforcement agencies for the purpose of installing video and audio equipment as described by Article 2.135 (a)(1 )(A), including specifying criteria to prioritize funding or equipment provided to law enforcement agencies. The criteria may include consideration of tax effort, financial hardship, available revenue, and budget surpluses. The criteria must give priority to: (1) law enforcement agencies that employ peace officers whose primary duty is traffic enforcement; (2) smaller iurisdictions; and (3) municipal and county law enforcement agencies. (b) The Department of Public Safety shall collaborate with an institution of higher education to identify law enforcement agencies that need funds or video and audio equipment for the purpose of installing video and audio equipment as described by Article 2.135( a)(1 )(A). The collaboration may 9 include the use of a survey to assist in developing criteria to prioritize funding or equipment provided to law enforcement agencies. (c) To receive funds or video and audio equipment from the state for the purpose of installing video and audio equipment as described by Article 2.135(a)(1 )(A), the governing body of a county or municipality, in coni unction with the law enforcement agency serving the county or municipality, shall certify to the Department of Public Safety that the law enforcement agency needs funds or video and audio equipment for that purpose. (d) On receipt of funds or video and audio equipment from the state for the purpose of installing video and audio equipment as described by Article 2.135 (a)(1 )(A), the governing body of a county or municipality, in coni unction with the law enforcement agency serving the county or municipality, shall certify to the Department of Public Safety that the law enforcement agency has installed video and audio equipment as described by Article 2. 135(a)(1 )(A) and is using the equipment as required by Article 2.135 (a)(1 ). ART.2.138. RULES. The Department of Public Safety may adopt rules to implement Articles 2.131-2.137. SECTION 2. Chapter 3, Code of Criminal Procedure, is amended by adding Article 3.05 to read as follows: ART. 3.05. RACIAL PROFILING. In this code, "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. SECTION 3. Section 96.641, Education Code, is amended by adding Subsection (j) to read as follows: (j) As part of the initial training and continuing education for police chiefs required under this section, the institute shall establish a program on racial profiling. The program must include an examination of the best practices for: 10 (1) monitoring peace officers' compliance with laws and internal agency policies relating to racial profiling; (2) implementing laws and internal agency policies relating to preventing racial profiling; and (3) analyzing and reporting collected information. SECTION 4. Section 1701.253, Occupations Code, is amended by adding Subsection (e) to read as follows: ( e) As part of the minimum curriculum requirements, the commission shall establish a statewide comprehensive education and training program on racial profiling for officers licensed under this chapter. An officer shall complete a program established under this subsection not later than the second anniversary of the date the officer is licensed under this chapter or the date the officer applies for an intermediate proficiency certificate, whichever date is earli er. SECTION 5. Section 1701.402, Occupations Code, is amended by adding Subsection (d) toread as follows: (d) As a requirement for an intermediate proficiency certificate, an officer must complete an education and training program on racial profiling established by the commission under Section 1701.253( e). SECTION 6. Section 543.202, Transportation Code, is amended to read as follows: Sec. 543.202. FORM OF RECORD. (a) In this section, "race or ethnicity" means of a particular descent, including Caucasian, African, Hispanic, Asian, or Native American descent. (b) The record must be made on a form or by a data processing method acceptable to the department and must include: 11 (1) the name, address, physical description, including race or ethnicity, date of birth, and driver's license number of the person charged; (2) the registration number ofthe vehicle involved; (3) whether the vehicle was a commercial motor vehicle as defined by Chapter 522 or was involved in transporting hazardous materials; (4) the person's social security number, ifthe person was operating a commercial motor vehicle or was the holder of a commercial driver's license or commercial driver leamer's permit; (5) the date and nature of the offense, including whether the offense was a serious traffic violation as defined by Chapter 522; (6) whether a search of the vehicle was conducted and whether consent for the search was obtained: (7) the plea, the judgment, and whether bail was forfeited; (8) the date of conviction; and (9) the amount of the fine or forfeiture; SECTION 7. Not later than January 1,2002, a law enforcement agency shall adopt and implement a policy and begin collecting information under the policy as required by Article 2.132, Code of Criminal Procedure, as added by this Act. A local law enforcement agency shall first submit information to the governing body of each county or municipality served by the agency as required by Article 2.132, Code of Criminal Procedure, as added by this Act, on March 1,2003. The first submission of information shall consist of information compiled by the agency during the period beginning January 1, 2002, and ending December 31, 2002. SECTION 8. A local law enforcement agency shall first submit information 12 to the governing body of each county or municipality served by the agency as required by Article 2.134, Code of Criminal Procedure, as added by this Act, on March 1, 2004. The first submission of information shall consist of information compiled by the agency during the period beginning January 1, 2003, and ending December 31,2003. SECTION 9. Not later than January 1,2002: (1) the Commission on Law Enforcement Officer Standards and Education shall establish an education and training program on racial profiling as required by Subsection (e), Section 1701.253, Occupations Code, as added by this Act; and (2) the Bill Blackwood Law Enforcement Management Institute of Texas shall establish a program on racial profiling as required by Subsection (j), Section 96.641, Education Code, as added by this Act. SECTION 10. A person who on the effective date of this Act holds an intermediate proficiency certificate issued by the Commission on Law Enforcement Officer Standards and Education or has held a peace officer license issued by the Commission on Law Enforcement Officer Standards and Education for at least two years shall complete an education and training program on racial profiling established under Subsection (e), Section 1701.253, Occupations Code, as added by this Act, not later than September 1, 2003. SECTION 11. An individual appointed or elected as a police chief before the effective date of this Act shall complete a program on racial profiling established under Subsection (j), Section 96.641, Education Code, as added by this Act, not later than September 1,2003. SECTION 12. This Act takes effect September 1, 2001. 13 S.B. NO. 1074 President of the Senate Speaker of the House I hereby certify that S.B. No. 1074 passed the Senate on Apri14, 2001, by the following vote: Yeas 28, Nays 2; May 21, 2001, Senate refused to concur in House amendments and requested appointment of Conference Committee; May 22,2001, House granted request of the Senate; May 24,2001, Senate adopted Conference Committee Report by a viva-voce vote. Secretary of State I hereby certify that S.B. No. 1074 passed the House, with amendments, on May 15,2001, by a non-record vote; May 22,2001, House granted request ofthe Senate for appointment of Conference Committee; May 24,2001, House adopted Conference Committee Report by a non-record vote. Chief Clerk of the House 14 OUTLINE OF REQUIREMENTS Guidelines For Compiling- and Reporting Data under Senate Bill 1074 Background Senate Bill I 074 of the 77th Legislature established requirements in the Texas Code of Criminal Procedure (TCCP) for law enforcement agencies. The Commission developed this document to assist agencies in complying with the statutory requirements. The guidelines are written in the form of standards using a style developed from accreditation organizations including the Commission on Accreditation for Law Enforcement Agencies (CALEA). The standards provide a description of what must be accomplished by an agency, but allows wide latitude in determining how the agency will achieve compliance with each applicable standard. Each standard is composed of two parts: the standard statement and the commentary. The standard statement is a declarative sentence that places a clear-cut requirement, or multiple requirements, on an agency. The commentary supports the standard statement, but is not binding. The commentary can serve as a prompt, as guidance to clarify the intent of the standard, or as an example of one possible way to comply with the standard. STANDARD 1 Each law enforcement agency has a detailed written directive that: . . .. . .. clearly defines acts that constitute racial profiling; . . .. . .. strictly prohibits peace officers employed by the agency from engaging in racial profiling; . . .. . .. implements a process by which an individual may file a complaint with the agency if the individual believes a peace officer employed by the agency has engaged in racial profiling with respect to the individual filing the complaint; . . .. . .. provides for public education relating to the complaint process; . . .. . .. requires appropriate corrective action to be taken against a peace officer employed by the agency who, after investigation, is shown to have engaged in racial profiling in violation of the agency's written racial profiling policy; and . . .. . .. requires the collection of certain types of data for subsequent reporting. 1 OF 4 17 COMMENTARY Article 2.131 of the TCCP prohibits officers from engaging in racial profiling, and article 2.132 ofthe TCCP now requires a written policy that contains the elements listed in this standard. The article also specifically defines a law enforcement agency as it applies to this statute as an "agency of the state, or of a county, municipality, or other political subdivision of the state, that employs peace officers who make traffic stops in the routine performance of the officers' official duties." The article further defines race or ethnicity as being of "a particular descent, including Caucasian, African, Hispanic, Asian, or Native American." The statute does not limit the required policies to just these ethnic groups. This written policy is to be adopted and implemented no later than January 1, 2002. STANDARD 2 Each peace officer who stops a motor vehicle for an alleged violation of a law or ordinance regulating traffic, or who stops a pedestrian for any suspected offense reports to the employing law enforcement agency information relating to the stop, to include: . . ... a physical description of each person detained, including gender and the person's race or ethnicity, as stated by the person, or, if the person does not state a race or ethnicity, as determined by the officer's best judgment; .. ... the traffic law or ordinance alleged to have been violated or the suspected offense; . .... whether the officer conducted a search as a result of the stop and, if so, whether the person stopped consented to the search; .. '" whether any contraband was discovered in the course of the search, and the type of contraband discovered; .. ... whether probable cause to search existed, and the facts supporting the .. existence of that probable cause; ..... whether the officer made an arrest as a result of the stop or the search, including a statement of the offense charged; ..... the street address or approximate location of the stop; and .. '" whether the officer issued a warning or citation as a result of the stop, including a description of the warning or a statement of the violation charged. COMMENTARY The information required by 2.133 TCCP is used to complete the agency reporting requirements found in Article 2.134. A peace officer and an agency may be exempted from this requirement under Article 2.135 TCCP Exemption for Agencies Using Video and Audio Equipment. An agency may be exempt from this reporting requirement by applying for the funds from the Department of Public Safety for video and audio equipment and the State does not supply those funds. Section 2.135(a)(2) states, "the governing body of the county or municipality served by the law enforcement agency, in conjunction with the law enforcement agency, certifies to the Department of Public Safety, not later than the date specified by rule by the department, that the law enforcement agency needs funds or video and audio equipment for the purpose of installing video and audio equipment as described by Subsection (a)(1 )(A) and the agency does not receive from the state funds for video and audio equipment sufficient, as determined by the department, for the agency to accomplish that purpose." 20f4 18 STANDARD 3 The agency compiles the information collected under 2.132 and 2.133 and analyzes the information identified in 2.133. COMMENTARY Senate Bil11074 from the ntl1 Session of the Texas Legislature created requirements for law enforcement agencies to gather specific information and to report it to each county or municipality served. New sections oflaw were added to the Code ofCrirninal Procedure regarding the reporting of traffic and pedestrian stops. Detained is defined as when a person stopped is not free to leave. Article 2.134 TCCP requires the agency to compile and provide an analysis of the information collected by peace officer employed by the agency. The report is provided to the governing body of the municipality or county no later than March 1 of each year and covers the previous calendar year. There is data collection and reporting required based on Article 2.132 CCP (tier one) and Article 2.133 CCP (tier two). The minimum requirements for "tier one" data for traffic stops in which a citation results are: 1) the race or ethnicity of individual detained (race and ethnicity as defined by the bill means of "a particular descent, including Caucasian, African, Hispanic, Asian, or Native American"); 2) whether a search was conducted, and if there was a search, whether it was a consent to search or a probable cause search; and 3) whether there was a custody arrest. The minimum requirements for reporting on "tier two" reports include traffic and pedestrian stops. Tier two data include: I) the detained person's gender and race or ethnicity; 2) the type oflaw violation suspected, e.g., hazardous traffic, non-hazardous traffic, or other criminal investigation (the Texas Department of Public Safety publishes a categorization of traffic offenses into hazardous and non-hazardous); 3) whether a search was conducted, and if so whether it was based on consent or probable cause; 4) facts supporting probable cause; 5) the type, if any, of contraband that was collected; 6) disposition of the stop, e.g., arrest, ticket, warning, or release; 7) location of stop; and 8) statement of the charge, e.g., felony, misdemeanor, or traffic. Tier one reports are made to the governing body of each comity or municipality served by the agency annual report of information if the agency is an agency of a county, municipality, or other political subdivision of the state. Tier one and two reports are reported to the county or municipality not later than March 1 for the previous calendar year beginning March 1,2003. Tier two reports include a comparative analysis between the race and ethnicity of persons detained to see if a differential pattern of treatment can be discerned based on the disposition of stops including searches resulting from the stops. The reports also include information relating to each complaint filed with the agency alleging that a peace officer employed by the agency has engaged in racial profiling. An agency may be exempt from the tier two reporting requirement by applying for the funds from the Department of Public Safety for video and audio equipment and the State does not supply those funds [See 2.135 (a)(2) TCCP]. 30f4 19 Reports should include both raw numbers and percentages for each group. Caution should be exercised in interpreting the data involving percentages because of statistical distortions caused by very small numbers in any particular category, for example, if only one American Indian is stopped an searched, that stop would not provide an accurate comparison with 200 stops among Caucasians with 100 searches. In the first case, a 100% search rate would be skewed data when compared to a 50% rate for Caucasians. STANDARD 4 If a law enforcement agency has video and audio capabilities in motor vehicles regularly used for traffic stops, or audio capabilities on motorcycles regularly used to make traffic stops, the agency: . . . adopts standards for reviewing and retaining audio and video documentation; and . . . promptly provides a copy of the recording to a peace officer who is the subject of a complaint on written request by the officer. COMMENTARY The agency should have a specific review and retention policy. Article 2.132 TCCP specifically requires that the peace officer be promptly provided with a copy of the audio or video recordings if the offender is the subject of a complaint and the officer makes a written request. STANDARD 5 Agencies that do not currently have video or audio equipment must examine the feasibility of installing such equipment. COMMENTARY None STANDARD 6 Agencies that have video and audio recording capabilities are exempt from the reporting requirements of Article 2.134 TCCP and officers are exempt from the reporting requirements of Article 2.133 TCCP provided that: . . . the equipment was in place and used during the proceeding calendar year; and . . . video and audio documentation is retained for at least 90 days. COMMENTARY The audio and video equipment and policy must have been in place during the previous calendar year. Audio and video documentation must be kept for at least 90 days or longer if a complaint has been filed. The documentation must be retained until the complaint is resolved. Peace officers are not exempt from the requirements under Article 2.13 2 TCCP. STANDARD 7 Agencies have citation forms or other electronic media that comply with Section 543.202 of the Transportation Code. COMMENTARY Senate Bil11074 changed Section 543.202 of the Transportation Code requiring citations to include: . . . race or ethnicity; and . . . whether a search of the vehicle was conducted and whether consent for the search was obtained. 40f4 20 DEMOGRAPHICS REPORT CITY OF PARIS United States Census Bureau, Census 2000 City of Paris, Texas TOTAL POPULATON: 25,898 - 1000/0 WHITE (Caucasian) 18,332 - 70.80;" BLACK (African/American) 5,729 - 22.1 % HISPANIC (Latino) 1,068 - 04.1 % AMERICAN INDIAN 226 - 00.9% ASIAN 171 - 00.70/0 OTHERS 372 - 01.4 % 22 P AIDS POLICE DEPARTMENT BACKGROUND & MAKEUP YEAR 2006 ALLOCATION OF EMPLOYEES / 2006 TOTAL NUMBER OF EMPLOYEES 82 SWORN OFFICER POSITIONS 62 EMERGENCY DISPATCHERS 12 SECRETARIES 2 CLERKS 3 ANIMAL CONTROL OFFICERS 2 CUSTODIANS 1 VOLUNTEERS/RESERVES 3 23 AUDIO / VIDEO REPORT The Paris Police Department currently has 17 police vehicles in use, which are equipped with audio/video recorders. The following is an itemized list of those vehicles and brands of equipment: UNIT NUMBER DIVISION VIDEO BRAND/MAKE 1059 1074 1079 1080 1081 1083 1086 1088 1090 1091 1092 1093 1097 1098 1099 1041 1042 SRO Narcotics SRO SRO Narcotics SRO Patrol Patrol Patrol Patrol Patrol Patrol Patrol Patrol Patrol Patrol Patrol Eyewitness Eyewitness Eyewitness Eyewitness Eyewitness Eyewitness Mobil Vision Eyewitness Mobil Vision Mobil Vision Mobil Vision Mobil Vision . Mobil Vision Mobil Vision Mobil Vision Mobil Vision Mobil Vision INSPECTION & MAINTENANCE OF VCR EQUIPMENT A. Equipment is inspected daily. (S~e attached form, p. 25) B. VCR malfunctions are reported immediately. C. Patrol cars not used if VCR malfunctions. D. Tapes maintained according to law (at least 90 days). E. Patrol Supervisors review traffic stops. Each officer reviewed at least once each quarter. (See attached form, p. 26) 24 ATTACHMENT IIA PARIS POLICE DEPARTMENT Patrol Unit Inspection Record Date Shift Unit No. Officer Starting Mileage Ending Mileage EQUIPMENT OPERABLE/PRESENT NON-OPERABLE/MISSING Emergency Lights Headlights Taillights Siren Car Radio Radar Radar Calibrated Camera Film Tape Measure Crime Scene Tape Road Triangles Fire_ Extinguisher Print Kit Tires Inspected/Safe Mini 14 Serial # Breech Open # of Mags Shotgun ( ) Safe ( ) Chamber Empty Video Equipment Condition of Patrol Car Inside: Outside: Clean ( ) Clean ( ) Dirty ( ) Dirty ( ) Additional mechanical Problems or damage Additional comments (equipment used and not replaced or lost during shift) Approving Supervisor's Signature 25 ATTACHMENT IIA ATTACHMENT lIE QUARTERLY PATROL CAMERA VIDEO TAPE REVIEW OFFICER: DATE: REVIEWED BY: DATE: 1. Did officer check video camera for proper operation? Yes No 2. Did officer check body microphone and in-car microphone for proper operation? Yes No 3. Did officer properly use equipment? Yes No 4. Did officer record each incident/stop according to policy? Yes No 5. Did officer properly maintain video tapes? Yes No 6. Did officer report any video system malfunctions to supervisor? Yes No VIDEO REVIEW 1. Was officer courteous? Yes No 2. Was officer professional in his interaction with the public? Yes No 3. Did the officer use good judgment or common sense? Yes No 4. Did the officer take reasonable safety measures? Yes No 5. Did the officer explain the violation or call? Y~ No 6. Did the officer use a reasonable amount of time on the stop or call? Yes No 7. Officer's attitude projected on video: Good Indifferent Negative 26 ATTACHMENT lIE P AIDS POLICE OFFICER TRAINING / REVIEWS 1. Training on Equipment: All officers of the Department are trained in the proper use of the VCR during their four month field training program and also on the job. 2. Training of Personnel: All officers are trained and instructed as to the state law regarding the racial profiling law, (S.B. 1074). They also receive mandatory cultural diversity training. All officers have been instructed in the policies and procedures regarding racial profiling and the accompanying complaint process as well. 3. Reviews: All officers have their video traffic stops reviewed quarterly by their respective patrol shift supervisor who completes the aforementioned review form. The reviews are conducted randomly without forewarning. The forms, once documented, are then filed and maintained by the department training officer. 27 RACIAL PROFILING POLICY OF THE CITY OF P AIDS., P AIDS., TEXAS I. PURPOSE The purpose of the policy is to reaffirm the Paris Police Department's commitment to unbiased policing in all its encounters between officer and any person; to reinforce procedures that serve to ensure public confidence and mutual trust through the provision of services in a fair and equitable fashion; and to protect our officers from unwarranted accusations of misconduct when they act within the dictates of departmental policy and the law. This policy is adopted in compliance with the requirements of Articles 2.131 through 2.136, Texas Code of Criminal Procedure. II. POLICY It is the policy of this department to police in a proactive manner and, to aggressively investigate suspected violations of law. Officers shall actively enforce state and federal laws in a responsible and professional manner, without regard to race, ethnicityor national origin. Officers are strictly prohibited from engaging in racial profiling as defined in this policy. This policy shall be applicable to all persons, whether drivers, passengers, or pedestrians. Officers shall conduct themselves in a dignified and respectful manner at all times when dealing with the public. Two of the fundamental rights guaranteed by both the United States and Texas constitutions are equal protection under the law and freedom from unreasonable searches and seizures by government agents. The right of all persons to be treated equally and to be free from unreasonable searches and seizures must be respected. Racial profiling is an unacceptable patrol tactic and will not be condoned. This policy shall not preclude officers from offering assistance, such as upon observing a substance leaking from a vehicle, a flat tire, or someone who appears to be ill, lost or confused. Nor does this policy prohibit stopping someone suspected of a crime based upon observed actions andlor information received about the person. III. 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 infonnation identifying the individual as having engaged in criminal activity. Racial profiling pertains to persons who are viewed as suspects 10f5 29 or potential suspects 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. IV. TRAINING Officers are responsible to adhere to all Texas Commission on Law Enforcement Officer Standards and Education (TeLEOSE) training and the Law Enforcement Management Institute of Texas (LEMIT) requirements as mandated by law. All officers shall complete a TCLEOSE training and education program on racial profiling not later than the second anniversary of the date the officer is licensed under Chapter 1701 ofthe Texas Occupations Code or the date of 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. The chief of police, as part of the initial training and continued education for such appointment, will be required to attend the LEMIT program on racial profiling. An individual appointed or elected as a police chief before the effective date of this Act shall complete the program on racial profiling established under Subsection G), Section 96.641, Education Code, as added by this Act, not later than September 1, 2003. 20f5 30 v. COMPLAINT INVESTIGATION A. Any person who believes that a peace officer employed by the City of Paris has engaged in racial profiling with respect to that person may file a complaint with the City. B. No person shall be discouraged, intimidated, or coerced from filing such a complaint, nor shall they be discriminated against because he or she has filed such a complaint. C. The City shall accept and investigate citizen complaints alleging racial profiling by its peace officers. D. Complaints shall be in 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. E. Any peace officer, city employee, or city official who receives a citizen complaint alleging racial profiling shall forward the complaint to the Internal Affairs Officer or Chief of Police as soon as is practicable, but in no event any later than 72 hours of receipt of the complaint. The officer investigating the complaint shall acknowledge his or her receipt of same to the complainant in writing. F. All such complaints shall be reviewed and investigated by the Internal Affairs Officer within a reasonable period of time, and the results of the review and investigation shall be filed with the Chief of Police, the officer who is alleged to have engaged in racial profiling and with the complainant. G. In investigating a complaint alleging racial profiling, the Internal Affairs Officer shall seek to determine ifthe 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. H. A single act constituting racial profiling may not be considered a pattern of racial profiling, and shall not be grounds for corrective action. 1. The Internal Affairs Officer shall, upon commencement of the investigation of the complaint and upon written request of the officer who is the subject ofthe complaint, promptly provide a copy of the recording to that officer. 30[5 31 VI. 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. PUBLIC EDUCATION This department will inform the public of its policy against racial profiling and the complaint process. Methods that may be utilized to inform the public are the news media, radio, service or civic presentations, the Internet, as well as governing board meetings. Additionally, information will be made available as appropriate in languages other than English. VIII. CITATION DATA COLLECTION & REPORTING An officer is required to collect information relating to traffic stops in which a citation is issued or an arrest is made. On the citation or arrest report officers must include: A. the violator's race or ethnicity; B. whether a search was conducted; C. was the search consensual; and D. whether an arrest was made for this cited violation or any other violation. By March of each year, the department shall submit a report to the City Council of the City of Paris, Paris, Texas, that includes the information gathered by the citations and arrest reports generated as a result of a traffic or pedestrian stop. The report will include: A. a breakdown of citations by race or ethnicity; B. the number of citations that resulted in a search; C. the number of searches that were consensual; and D. the number of citations that resulted in custodial arrest for this cited violation or any other violation. Not later than March 15t of each year, this department shall submit a report to the City Council of the City of Paris, Paris, Texas, containing this information from the preceding calendar year. 40f5 32 IX. USE OF VIDEO AND AUDIO EQUIPMENT Each motor vehicle regularly used by this department to make traffic and pedestrian stops is equipped with a video camera and transmitter-activated equipment, and each motorcycle regularly used by this department to make traffic and pedestrian stops is equipped with transmitter-activated equipment; and Each traffic and pedestrian stop made by an officer of this department that is capable of being recorded by video and audio, or audio, as appropriate, is recorded. This department shall retain the video and audio tapes, or the audio tape of each traffic and pedestrian stop for at least ninety (90) days after the date of the stop. If a complaint is filed with this department alleging that one of its' .officers has engaged in racial profiling with respect to a traffic or pedestrian stop, this department shall retain the video and audio tapes, or the audio tape of the stop until final disposition of the complaint. Supervisors will ensure officers of this department are recording their traffic and pedestrian stops. Randomly selected video recordings of each officer will be reviewed at least once every ninety (90) days. 50f5 33 RACIAL PROFILING COMPLAINT FORM DEFINITION OF 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 potential suspects of criminal behavior. The term is not relevant as it pertains to witnesses, complainants, persons needing assistance, or other citizen contacts. 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. Any person who believes that a peace officer employed by the City of Paris has engaged in racial profiling with respect to that person, may file a complaint with the City. No person shall be discouraged, intimidated, or coerced from filing such a complaint, nor shall they be discriminated against because he or she has filed such a complaint. The City shall accept and investigate citizen complaints alleging racial profiling by its peace officers. WRITTEN COMPLAINT 1. Date when incident occurred 2. Time when incident occurred 3. Street and block where incident occurred 4. Officer's name or description 5. Type of contact: Traffic or Pedestrian (SEE NEXT PAGE) 34 DESCRIPTON OF PROFILING COMPLAINT Write out your statement below and include all of the details of the incident alleging racial profiling. This statement should be turned into any Officer of the Paris Police Department or to the Chief of Police. (You may write on back or use additional sheets if necessary) SIGNATURE: DATE: OFFICER RECEIVING: GIVEN TO I.A.O.: 35 COMPLAINT PROCESS & INVESTIGATION 1. 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. 2. No person shall be discouraged, intimidated, or coerced from filing such a complaint, or be discriminated against because they have filed such a complaint. 3. The City shall accept and investigate citizen complaints alleging racial profiling by its peace officers. 4. Complaints shall be in 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. 5. Any peace officer, city employee, or city official who receives a citizen complaint alleging racial profiling shall forward the complaint to the Internal Affairs Officer or Chief of Police within 72 hours of receipt of complaint. Receipt of each complaint shall be acknowledged to the complainant in writing. 6. All such complaints shall be reviewed and investigated by the Internal Affairs Officer within a reasonable period of time and the results of the review and investigation shall be filed with the Chief of Police, the Officer who is alleged to have engaged in racial profiling, and with the complainant. 7. In investigating a complaint alleging racial profiling, the Internal Affairs Officer 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. 8. A single act constituting racial profiling may not be considered a pattern of racial profiling, and shall not be grounds for corrective action. 9. In the event that a complaint of racial profiling filed by an individual involves an occurrence that was recorded on audio or video, the Internal Affairs Officer 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. 36 EDUCATIONAL CAMPAIGN/INFORMING THE PUBLIC The City of Paris Police Department has taken the following actions to ensure that the information relating to our policy disallowing racial profiling has been made known to the public: 1. Made racial profiling policy available to all local media. 2. Published the Paris Police Department's racial profiling policy and information regarding complaint procedure in THE PARIS NEWS (local newspaper) several times. 3. Published on-line racial profiling policy and complaint information which may be accessed any time on the world wide web at the location of the City of Paris website: www.oaristexas.gov 4. Created complaint forms which are available at any time from any officer of this department or at any time from the lobby of the police station located at 2910 ClarksviIle Street, Paris, Texas. 5. Officers of the department have been instructed in the law and are available to, and have answered-requests about the law and complaint procedure. 37 ~"'~-'-~----'"'-"'"._-"._._-_._-._..-. ""_"_N__"_'"__~~_.,___,~_",,,_,,___