2019 Racial Profiling Report 2016 Racial Profiling Report | Page 36

414.03 COMPLAINT PROCESS, PUBLIC EDUCATION AND CORRECTIVE ACTION A. Complaint Process. Any person who believes that a peace officer employed by the City has engaged in racial / bias-based profiling with respect to that person may file a complaint with the City, and no person shall be discouraged, intimidated, or coerced from filing such a complaint, or be discriminated against because they have filed such a complaint. The City shall accept and investigate citizen complaints alleging racial / bias- based profiling by its peace officers. Such complaints shall be in writing, or the city employee, officer, or official receiving the complaint should reduce the same to writing, and should include the time, place, and details of the incident of alleged racial / / bias- based profiling, the identity or description of the peace officer or officers involved, and the identity and manner of contacting the complainant. Any peace officer, city employee, or city official that receives a citizen complaint alleging racial profiling shall forward the complaint to the internal affairs division within 12 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 Internal Affairs Division within guidelines set forth in G.O. 204.00, and the results of the review and investigation shall be filed with the Chief of Police and with the complainant. In investigating a complaint alleging racial / bias-based profiling, Internal Affairs shall seek to determine if the officer who is subject of the complaint has engaged in a pattern of racial / bias-based profiling that includes multiple acts constituting racial / bias-based profiling for which there is no reasonable, credible explanation based on established police and law enforcement procedures. A single act constituting racial / bias-based profiling may not be considered a pattern of racial / bias-based profiling. B. Public Education. The police department shall provide education to the public concerning the racial / bias-based profiling complaint process. A summary of the public education efforts made during the preceding year shall be included with the annual report filed with the governing body under 414.04 below. C. Corrective Action. Any peace officer who is found, after investigation, to have engaged in racial / bias-based 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 Police Chief . (A 01.02.09) 414.04 DATA COLLECTION AND ANNUAL REPORTING GUIDELINES For each traffic and subject stop in which an officer is not dispatched, the peace officer involved in the stop shall collect information identifying the race or ethnicity of the person involved in the stop, stating whether a search was conducted, and if a search was conducted, whether the person stopped consented to the search. The information collected shall be compiled in an annual report covering the period January 1 through December 31 of each year, and shall be submitted to the Mayor and City Council no later than March 1 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.