I. POLICY:
It is the policy of this department to conduct law enforcement procedures in a proactive manner and to aggressively investigate suspected violations of law. Deputies shall actively enforce state and federal laws in a reasonable and professional manner, without regard to race, ethnicity, or national origin. 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 Texas peace officers from engaging in racial profiling.
II. DEFINITIONS:
1. 'Racial Profiling': for the purpose of this order the term 'racial profiling' shall mean the act of selecting or targeting a person(s) for law enforcement contact based exclusively upon the individual's race, ethnicity, or national origin and not upon reasonable suspicion sufficient to justify a law enforcement initiated action or contact. Racial profiling pertains to person(s) who are viewed as suspects or potential suspects of criminal behavior. The term is not relevant as it pertains to witnesses, complainants, a person(s) needing assistance, or other citizen contacts.
2. 'Race or Ethnicity': of a particular descent, including Caucasian, African, Hispanic, Asian, or Native American descent.
3. '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 made based solely upon an individual's race, ethnicity, or national origin 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.
4. '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.
5. 'Traffic Stop': 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 Dallas County Constable's Department Precinct 4 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. COMPLAINT PROCESS:
1. Any person that believes a peace officer employed by the Department has engaged in racial profiling with respect to that person may file a complaint with the Department, and no person shall be discouraged, intimidated, or coerced from filing such a complaint, or be discriminated against because they filed such a complaint.
2. The Department shall accept and investigate citizen complaints alleging racial profiling by its peace officers. Such complaints shall be in writing, and should include the time, place and details of the incident of alleged racial profiling, the identity or the description of the peace officer or officers involved, and the identity and manner of contacting the complainant.
3. Any peace officer or Department employee who receives a citizen complaint alleging racial profiling shall forward the complaint to the Chief Deputy within 24 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 by the Constable's Department Precinct 4 within a reasonable period of time, and the results of the investigator's review and investigation shall be filed with the Chief Deputy and the final conclusion reported to the complainant.
4. In investigating a complaint alleging racial profiling, the Department 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.
5. In the event that a complaint of racial profiling filed by an individual involves an occurrence that was recorded on audio or video, the Department shall, upon commencement of the investigation of the complaint, promptly provide a copy of the recording to the peace officer that is a subject of the complaint.
V. PUBLIC EDUCATION:
The Dallas County Constable's Department Precinct 4, shall provide education to the public concerning the racial profiling complaint process. This policy shall be posted on the Department web site; www.dallascountyconstable.com and in an area having public access located at each substation. Copies of this policy shall be made readily available to any person requesting it at no cost to the party requesting the information
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 Deputy.
VII. COLLECTION OF INFORMATION AND ANNUAL REPORT:
1. For each traffic stop, pedestrian stop and for each arrest resulting from such traffic and pedestrian stops, a peace officer involved in the stop shall record the following information:
a. physical description of each person detained as a result of the stop, including the person's gender, and the person's race or ethnicity, as stated by the person, or if the person does not state their race or ethnicity, as determined by the officer to the best of his or her ability.
b. the traffic law or ordinances alleged to have been violated or the suspected offense.
c. whether the officer conducted a search as a result of the stop, and if so, whether the person detained consented to the search.
d. whether any contraband was discovered in the course of the search and the type of contraband discovered.
e. whether probable cause to search existed and the facts supporting the existence of that probable cause.
f. whether the officer made an arrest as a result of the stop of the search including a statement of the offense charged.
g. the street address or approximate location of the stop; and
h. whether the officer issued a warning or a citation as a result of the stop, including a description.2. The information collected shall be compiled in an annual report covering the period January 1st, through December 31st of each year, and shall be submitted to the governing body of the County of Dallas no later than March 1st 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.
VIII. AUDIO AND VIDEO EQUIPMENT:
The Chief Deputy shall attempt to ensure that necessary audio and video equipment are funded through County budget processes or State bond funds to comply with the mandates of the racial profiling legislation.
IX. REVIEW OF AUDIO AND VIDEO DOCUMENTATION STANDARDS:
1. 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 Department has engaged in racial profiling with respect to a traffic stop or pedestrian stop, in which case the recording shall be retained until final deposition of the complaint.
2. In conjunction with preparation of the annual report required under Part IV above, the Chief Deputy or his/her designee shall periodically conduct reviews of a randomly selected sampling of video and audio recordings made recently by peace officers employed by the Department in order to determine if patterns of racial profiling exist.
3. In reviewing audio and video recordings, the chief deputy or his/her designee shall seek to determine if the officer who is involved therein has engaged in racial profiling that includes multiple acts of 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.
X. PEACE OFFICE TRAINING:
Each peace officer employed by the 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 that the officer was licensed, the date the officer applies for an intermediate proficiency certificate, whichever is earlier. A person who on September 1st, 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 1st, 2003.
XI. RESPONSIBILITY:
All supervisory personnel are responsible for overall compliance with the content and intent of this directive. All members of the Department shall know and comply with all aspects of this directive.