Loading...
HomeMy WebLinkAbout134-08 RESOLUTIONRESOLUTION NO. 134-08 A RESOLUTION TO APPROVE AN AMENDMENT TO FAYETTEVILLE POLICE DEPARTMENT POLICY 1.2.3 WHEREAS, the Fayetteville Police Department has long emphasized fairness and nondiscrimination in all of its activities; and WHEREAS, the Fayetteville Police Department desires to further emphasize its commitment to fair and colorblind enforcement of the law by adopting a formal prohibition against racial profiling. 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 the attached Fayetteville Police Department Policy 1.2.3 "Racial Profiling Prohibited" as an amendment to the Fayetteville Police Department Policies, Procedures and Rules. -�RK%TRSG G.•�\SY•'' .• ''' ;FAYETTEVILLE: 4-7 GTot QC, PASSED and APPROVED this 1st day of July, 2008. APPROVED: By: ATTEST: By: SCNDRA E. SMITH, City Clerk/Treasurer 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- I. 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. (1.2.3) 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. (1.2.3) Page2 Greg Tabor Submitted By City of Fayetteville Staff Review Form City Council Agenda Items or Contracts 7/1/2008 City Council Meeting Date Police Police Division Department Action Required: ,1' iouncil approve a resolution amending Fayetteville Police Department Policy 1.2.3 "Racial Profiling Prohibited". $0 Cost of this request Account Number Project Number I .:'dgeted Item Category / Project Budget Program Category / Project Name Funds Used to Date Program / Project Category Name Remaining Balance Fund Name Budget Adjustment Attached Previous Ordinance or Resolution # Original Contract Date: Original Contract Number: .:,ante and Internal Service Director Date UI/ ;yor Dte Received in Mayor's Office Bii�REO\ I _/i iag r,ments: FAYETTEVILLE THE CITY OF FAYETTEVILLE. ARKANSAS DEPARTMENTAL CORRESPONDENCE TO: Mayor Dan Coody and Members of the City Council FROM: Greg Tabor, Chief of Police DATE: June 12, 2008 SUBJECT: Policy Amendment Recommendation: Council approves a resolution amending Fayetteville Police Department Policy 1.2.3 "Racial Profiling Prohibited" Background: The current Fayetteville Police Department Policies were approved by council resolution #3-99 on January 5th, 1999. The police department recently discovered that Fayetteville Police Department Policy 1.2.3 is missing certain elements required by Arkansas Code Annotated §12-12-1401 through 12-12-1404. Approval of this amendment will bring Fayetteville Police Department policy in compliance. Discussion: A.C.A. § 12-12-1402 requires law enforcement agencies to have a policy in prohibiting racial profiling. This proposed change will add formal definitions in section III (A) as well as add procedural changes in section IV (C, D). See the marked portions in attachment #A. Budget Impact: None FAYETTEVILLE THE CRY OF FAYETTEVILLE, ARKANSAS KIT WILLIAMS, CITY ATTORNEY DAVID WHITAKER, ASST. CITY ATTORNEY DEPARTMENTAL CORRESPONDENCE LEGAL DEPARTMENT TO: Dan Coody, Mayor City Council FROM: Kit Williams, City Attorney DATE: June 16, 2008 RE: Racial Profiling Prohibited Racial Profiling has long been prohibited by federal and state law as interpreted by our courts. Although there have been allegations of racial or ethnic profiling against a police department of another regional city, the Fayetteville Police Department has conscientiously ensured our officers would not engage in such improper behavior. To further demonstrate our commitment to fair and nondiscriminatory treatment by our police officers, the Fayetteville Police Department is recommending that the City Council approve an amendment to the police department's Policies, Procedures, and Rules that complies with state and federal law by prohibiting racial profiling. I join with Police Chief Greg Tabor and his leadership staff in recommending your approval of the amended "Racial Profiling Prohibited" policy for our police department. RESOLUTION NO. A RESOLUTION TO APPROVE AN AMENDMENT TO FAYETTEVILLE POLICE DEPARTMENT POLICY 1.2.3 "RACIAL PROFILING PROHIBITED" WHEREAS, the Fayetteville Police Department has long emphasized fairness and nondiscrimination in all of its activities; and WHEREAS, the Fayetteville Police Department desires to further emphasize its commitment to fair and colorblind enforcement of the law by adopting a formal prohibition against racial profiling. 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 the attached Fayetteville Police Department Police 1.2.3 "Racial Profiling Prohibited" as an amendment to the Fayetteville Police Department Policies, Procedures and Rules. PASSED and APPROVED this 151 day of July, 2008. APPROVED: ATTEST: DAN COODY, Mayor SONDRA E. SMITH, City Clerk/Treasurer RESOLUTION NO. A RESOLUTION TO APPROVE AN AMENDMENT TO FAYETTEVILLE POLICE DEPARTMENT POLICY 1.2.3 WHEREAS, the Fayetteville Police Department has long emphasized fairness and nondiscrimination in all of its activities; and WHEREAS, the Fayetteville Police Department desires to further emphasize its commitment to fair and colorblind enforcement of the law by adopting a formal prohibition against racial profiling. 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 the attached Fayetteville Police Department Police 1.2.3 "Racial Profiling Prohibited" as an amendment to the Fayetteville Police Department Policies, Procedures and Rules. PASSED and APPROVED this 151 day of July, 2008. APPROVED: ATTEST: DAN COODY, Mayor SONDRA E. SMITH, City Clerk/Treasurer (7.2 08) Clarice Pearman -'Fwd: Policy Change Page 7! From: Clarice Pearman To: Hawkins, Donette; Risley, Tracey Date: 7.2.08 3:43 PM Subject: Fwd: Policy Change Hi guys! Pm forwarding my message since the Chief Tabor is out. You help is appreciated. Have a good day. Thanks. Clarice »> Clarice Pearman 7.2.08 2:40 PM »> Chief: The City Council passed the resolution approving the policy change re: racial profiling. I have a draft of that policy from the packet info but need a unmarked copy of the policy to attach to the resolution. You can just email it and I can print it out. Have a good day. Thanks. Clarice FAYETTEVILLE POLICE DEPARTMENT FAYETTEVILLE, ARKANSAS POLICIES, PROCEDURES, AND RULES Effective Date Subject RACIAL PROFILING PROHIBITED Number 1.2.3 Reference Arkansas Act 1207 of 2003 Special Instructions Distribution All Personnel Reevaluation Date 1 Year No.Pages -3- L 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. Definitions Biased Based Policing — A law enforcement action based on an individual's race, age, color, creed, disability, gender, religion or other belief system, or any other individual attribute, ethnic status or characteristic, or national origin rather on the individual's behavior or on information identifying a specific individual as having engaged in criminal activity. (1.2.3) Page 1 4.4 (3) Supervisors receiving a complaint ofliis nature will conduct a cs�ory investigation and forward any findings to the Ghief of Police. If merited, the complaintLwill beyforwarded,to thepfficepfi Professional. Standards foyfurther, investigation. E. 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. Appropriate corrective action will be taken if a complaint is sustained. F. The supervisor of the Office of Professional Standards shall complete an annual review of the department's training, internal or external complaints and the corrective measures taken if any complaints are sustained. (1.2.3) Page 3 Racial Profiling — A law enforcement action based on race, ethnicity, national origin or religion ii selecting which individuals to subject to routine investigatory activities or in deciding upon the scope and substance of law enforcement activity following the initial routine investigatory activity! Reasonable Suspicion — A standard based on facts or circumstances which alone do not give rise to probable cause to arrest, but which do give rise to a suspicion that has some relevant basis and is not pure conjecture. B. 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. 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. Officers shall adhere to departmental policy regarding the use of mobile video/audio systems (General Order #22): D. Supervisors are responsible for ensuring that all personnel read and understand the policies and procedures prohibiting racial profiling. (1) Supervisors will routinely monitor officers' daily activity reports and 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. (1.2.3) Page 2 (7.3.08 Clarice Pearman - Res. 134-08 Page 1 From: To: Date: Subject: Attachments: CC: Chief: Attached is a copy of needed for this item. Thanks. Clarice Clarice Pearman Tabor, Greg 7.3.08 3:42 PM Res. 134-08 134-08 Amend Police Policy 1.2.3.pdf Audit the above resolution regarding the policy amendment. Please let me know if there is anything else Have a good day.