Bias Based Profiling

Purpose               

The practice of Bias Based Profiling by law enforcement personnel undermines legitimate law enforcement efforts and may lead to claims of civil rights violations.  It may alienate citizens and foster distrust of law enforcement within the community.  This directive strictly prohibits the use of bias-based profiling by employees of the Gatesville Police Department. 

This directive does not prohibit police personnel from stopping or detaining individuals if a specific report exists in which an individual’s race, national origin, citizenship, religion, ethnicity, age, gender, or sexual orientation is a factor in determining the existence of probable cause for taking police action.

Definition

What is Racial Profiling?  Racial Profiling is any law enforcement-initiated action based on an individual’s race, ethnicity, or national origin rather than on the individual’s behavior or information identifying the individual as having engaged in criminal activity.  This also includes, but is not limited to, gender, sexual orientation, religion, economic status, age, cultural group, or any other identifiable group.

Policy Statement

Members of the Gatesville Police Department will not engage in any activities that are discriminatory or indicative of the practice of bias-based profiling.  Personnel will focus on the conduct of the individual and/or specific suspect information in taking police action.  Individuals will not be targeted for enforcement action, detention, field contacts, asset seizure, and forfeiture efforts, or interdictions solely on the basis of race, ethnic background, gender, sexual orientation, religion, economic status, age, cultural group, or any other identifiable group.  Any officer found to have engaged in bias-based profiling, following a complete investigation, will face appropriate corrective action, which may include diversity training, counseling, or disciplinary measures up to and including termination.  This policy shall be posted on the department website and copies of the policy shall be placed in public view in the police department lobby.  

Complaint Process

The department shall accept complaints from any person who believes he/she has been stopped, searched, or inappropriately ticketed or arrested based on racial, ethnic, or national origin profiling.  No person shall be discouraged, intimidated, or coerced from filing such a complaint, or discriminated against because he or she filed such a complaint.  Employees and supervisors shall report any racial profiling practice they observe.  Complaint forms are in plain view in the lobby or the complainant may have a form mailed to them on request.  The form offers simple instructions how to file a complaint.  The supervisor receiving the complaint shall immediately open an internal investigation and notify a member of the Command Staff of the nature of the complaint.  The allegation will be forwarded to the Chief of Police.  The Chief of Police, or his designee, will be responsible for notifying the City Manager.  Any sustained complaint that an employee violated this policy will result in appropriate corrective action, which may include diversity training, counseling, or disciplinary measures up to and including termination.  In most cases, the complainant shall be notified in writing as to the status and/or the results of the investigation within 30 days of filing the complaint.

To avoid allegation(s) of illegal profiling, it is the Policy of the Gatesville Police Department to video/audio record every traffic stop, investigation, detention, arrest, or any police-related business conducted by a Gatesville police officer.  If no recording device available, the officer shall document all the information required by the state regarding data collection on the department Data Collection Form.  Supervisors shall randomly review videotape to ensure compliance.  Any officer found to have conducted a stop, investigation or any police business without recording or documenting the contact, he/she may be subject to department disciplinary action up to and including termination.

Officers and/or supervisors will collect mandated data (Tier 1), excluding that data exempted (video cameras) by law (Tier 2), on all police contacts and report such data monthly to the Investigator designated to collect such data.  The Investigator will issue monthly reports to the Chief of Police who will provide an annual report to the local governing body of the City of Gatesville on or before March 1st of each year.