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Home My WebLink About179-03 RESOLUTIONRESOLUTION NO. 179-03 • A RESOLUTION TO ADOPT A FAYETTEVILLE POLICE DEPARTMENT POLICY PROHIBITING RACIAL•PROFILING WHEREAS, A.C.A. §12-12-1401 through 1404 requires all municipal police departments to adopt a written policy prohibiting racial profiling and take other measures to ensure constitutional rights of potential suspects are respected. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1. That the City Council of the City of Fayetteville, Arkansas hereby approves and adopts Rule 1.2.3 Racial Profiling Prohibited (attached as Exhibit A) as a new part of the Fayetteville Police Department's Policies, Procedures and Rules. PASSED and APPROVED this the 2nd day of December, 2003. rEr%: APPROVED: 6 SONDRA SMITH, City Clerk By NAME OF FILE: CROSS REFERENCE: Item # Date • Resolution No. 179-03 Document • 1 10.31.03 memo to mayor & city council draft resolution copy of Policies, Procedures & Rules staff review form 2 12.8.03 memo to Rick Hoyt NOTES: • CITY COUNCIL AGENDA MEMO , • / Z/z/a..? /79 Reit/07 R'D 1145 City Council Meeting of December 2, 2003 R✓Cy To: Mayor and City Council Thru: Hugh Earnest, Chief Administrative Officer From: Rick Hoyt, Chief of Police Date: November 5, 2003 Subject: Resolution approving Police Department Policy 1.2.3 — "Racial Profiling Prohibited" RECOMMENDATION Fayetteville Police Department Administration recommends passage of a Council Resolution that approves proposed police department policy, 1.2.3, which prohibits racial profiling. BACKGROUND Earlier this year, State lawmakers passed Act 1207 of 2003. The purpose of this act was to prohibit racial profiling. The act has specific language requiring all police departments, sheriff's offices, state police agencies and any other law enforcement agencies to adopt specific provisions of the state act into individual department policies. It was further mandated by this act that policies are required to be in place by January I, 2004. A companion state law requires municipalities to approve policies of police departments. DISCUSSION The Fayetteville Police Department has previously taken a very proactive stance in the area of prohibiting and discouraging biased -based policing practices. Our department mandated cultural awareness training for officers many years ago and we have always taken this issue very seriously. We believe existing policies, practices and philosophy at the department already prohibit racial profiling. However, our existing policies did not specifically address all areas of the new State act. The attached proposed policy does cover these areas and will be a welcome addition to our policy manual. BUDGET IMPACT There is no budget impact from this request. • • RESOLUTION NO. A RESOLUTION TO ADOPT A FAYEI EVILLE POLICE DEPARTMENT POLICY PROHIBITING RACIAL PROFILING WHEREAS, A.C.A. §12-12-1401 through 1404 requires all municipal police departments to adopt a written policy prohibiting racial profiling and take other measures to ensure constitutional rights of potential suspects are respected. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1. That the City Council of the City of Fayetteville, Arkansas hereby approves and adopts Rule 1.2.3 Racial Profiling Prohibited (attached as Exhibit A) as a new part of the Fayetteville Police Department's Policies, Procedures and Rules. PASSED and APPROVED this the 18th day of November, 2003. ATTEST: By: SONDRA SMITH, City Clerk APPROVED: By: DAN12al7DY, Mayor • • FAYETTEVILLE POLICE DEPARTMENT FAYETTEVILLE, ARKANSAS POLICIES, PROCEDURES, AND RULES Effective Date December 2, 2003 Number 1.2.3 Subject RACIAL PROFILING PROHIBITED Reference Arkansas Act 1207 of 2003 Special Instructions Distribution All Personnel Reevaluation Date 1 Year No. Pages -2- 1. PURPOSE The purpose of this policy is to prohibit the act of racial profiling and to reaffirm the department policy to perform all duties impartially, without favor or affection or ill will and without regard to status, sex, race, religion, political belief or aspiration and to treat all citizens equally with courtesy, consideration and dignity. II. DISCUSSION This order recognizes Arkansas Act 1207 of 2003 to prohibit racial profiling and further establishes a directive to prohibit the use of race, ethnicity, national origin, or religion in deciding which persons should be subject to traffic stops, stops and frisks, questioning, searches and seizures, and other law enforcement activities. III. POLICY All officers of the Fayetteville Police Department are directed to adhere to the guidelines contained within this policy pertaining to `racial profiling" as defined by Arkansas Act 1207 of 2003. A. Prohibitions Officers are prohibited from relying on race, ethnicity, national origin, or religion, to any degree, in selecting which individuals to subject to routine investigatory activities, or in deciding upon the scope and substance of police practices following the initial routine investigatory activity. Officers shall have reasonable suspicion or probable cause in compliance with the United States Constitution and Arkansas Rules of Criminal Procedures prior to stopping a pedestrian or motor vehicle, or engaging in detentions, searches, arrests, or other investigatory activities. (1.3.1) Page 1 • • IV. PROCEDURES A. Officers shall professionally and courteously identify themselves by full name and department, state the reason for the stop, and when possible, provide written identification. B. Officers shall receive a basic training course on racial and cultural sensitivity and annual training in operating procedures that prohibit biased policing. This training shall emphasize the prohibition against racial profiling and include topics on community policing, law enforcement in a multi -cultural society, and racial, ethnic, and religious diversity. Officers will also complete foreign language training with an emphasis in Spanish, when possible, in accordance with state law. C. Supervisors are responsible for ensuring that all personnel read and understand the policies and procedures prohibiting racial profiling. (1) Supervisors will encourage officers to report violations of this policy to determine whether any officer is engaged in a pattern of racial profiling or biased policing. (2) Supervisors will not retaliate against an officer or officers who report acts of racial profiling. D. Internal or external complaints or allegations of racial profiling or biased policing shall be assigned to the department's Office of Professional Standards for an investigation. (1.3.1) Page 2 • • STAFF REVIEW FORM - NON-FINANCIAL OBLIGATION X AGENDA REQUEST For the Fayetteville City Council Meeting of: December 2, 2003 FROM: Rick Hoyt Police Name Division Department ACTION REQUIRED: Council passage -of. resolution approving Fayetteville Police Department Policy 1.2.3 - "Racial Profiling Prohibited" SUMMARY EXPLANATION: Arkansas Act 1207 of 2003 requires all law enforcement agencies to implement a written policy prohibiting racial profiling by January 1, 2004. Arkansas law also requires City Councils to approve operating policies of the Police Department. STAFF RECOMMENDATION: Pass the resolution approving FPD Policy 1.2.3. - Racial. Profiling Prohibite Division Head (—S -a3 Date City Attorney III ar PIP Department Director inance a�Services Dir. Chie inistrat Office Mayor Date Date CV -J.,7,03 Date--- Date Date Received in Mayor's Office Cross Reference: Previous Ord/Res#: Orig. Contract Date: Orig. Contract Number: New Item: Date Yes No • FAYETTEVI LLE TME CITY Of FAYETTEVIIIE, ARKANSAS DEPARTMENTAL CORRESPONDENCE • To: Rick Hoyt Police Department ��Q From: Clarice Buffalohead-Pearman l%' ` City Clerk Division Date: December 8, 2003 Re: Res. No. 179-03 Attached is an executed copy of the above resolution approved by the City Council on December 2, 2003, adopting the policy prohibiting racial profiling for Fayetteville Police Department. This resolution and attachments will be recorded in the city clerk's office and microfilmed. If anything else is needed please let the clerk's office know. /cbp attachments cc: Nancy Smith, Internal Auditor