Fort Worth Police Department Racial Profiling Report January – December 2002 Submitted: March 1, 2003 Racial Profiling Initial Report March 1, 2003 Texas Senate Bill 1074, enacted in 2001, sets forth the requirements for collection of data and reporting requirements on racial profiling. Under this act the City was required to collect a limited set of data, known as Tier 1 data, during calendar year 2002, with a report due to the City Council by March 1, 2003. Tier I data includes a report on any detainment of a person on a traffic stop that results in enforcement action, either a citation or an arrest. In order to collect this data the Direct Entry Computer Offense Report (DECOR) was modified to add categories for “Arrest Resulting from a Traffic Stop”, “Search Y/N” and “Consent Y/N”. The traffic citation was also modified to update the Race/Ethnicity fields and add fields for “Search Y N” and “Consent Y N”. Tier II data was due to be initiated on January 1, 2003; however, following a request by Councilmember Moss a Pedestrian Checklist form was created, printed, and distributed to field units. This form collects much more information and a sample form is included as attachment D. This data, along with Tier I data for 2003, will be included in the report due to be submitted by March 1, 2004. Article 2.134(e) of this act requires the Texas Commission on Law Enforcement Officer Standards and Education (TCLEOSE) to “develop guidelines for compiling and reporting information…” As of the date of this report they have not done so. Police departments across the state have utilized one or more methods for benchmarking data for racial profiling reports. The first is the Fair Roads Standard using 2000 Census data tables. This methodology is recommended by the ACLU, NAACP and LULAC and utilizes United States Census tables regarding households with vehicles available. The advantage to the method is it is vehicle related and contains information on race/ethnicity using current standards. The disadvantage will be the aging of the data each year a report is given as the data will not be updated until 2010. The second method is the use of population tables from the 2000 United States Census. This method has the disadvantage of a more distant relationship to vehicles and traffic stops and also will suffer from data aging. The third method currently being utilized is driver’s license data from the Texas Department of Public Safety. This data has the advantage of being relatively timely and being directly related to vehicles; it has the distinct disadvantages of being difficult to confine to the city limits (it is available by zip codes which cross into other cities) and it does not contain information on ethnicity. Following review of these methods the Fort Worth Police Department has chosen to use the Fair Roads Standard. Tables and charts concerning traffic citations, arrests resulting from traffic stops, and searches are presented in the following pages. This methodology also utilizes two methods for comparison of traffic citation issuance and searches to baseline data. 1. Relative Difference of Stops (RDS) which is used for comparison of race/ethnicity to census baseline data for traffic citations. Utilizing this method, ideally the RDS would equal 100%, i.e., percentage of traffic citations by race/ethnicity matches the census baseline data. More or less than 100% could be indicative of a problem in traffic stops. 2. Rate of Deviation from Baseline (RDB) which is used for comparison of race/ethnicity for searches. In this case the baseline is the percentage of traffic stops by race/sex. Finally, we have also included as attachments the text of SB 1074, Fort Worth Police Department Special and General Orders regarding Racial Profiling, the Fort Worth Police Department Racial Profiling brochure, and the Pedestrian Checklist. Fort Worth Fair Road Standard Data (US Census 2000) Total Households with vehicles: 178,157 Households with vehicles by Race/Ethnicity: White Number Pct. Hispanic 102,492 57.5% 36,206 20.3% AfricanAmerican 32,960 18.5% Asian 3,794 2.1% Other 2,705 1.6% Traffic Citations Total Traffic Citations: 278,416 Traffic Citations by Race/Ethnicity: White Citation Pct. RDS 108,658 39.0% 67.8% Hispanic 91,432 32.8% 161.6% AfricanAmerican 71,153 25.6% 138.4% Asian 2,853 1.0% 47.6% Other 4,320 1.6% 100.0% Searches Resulting from Traffic Stops Total Searches Resulting from Traffic Stops: 5,717 Total Searches Resulting from Traffic Stops by Race/Ethnicity: White Searches Pct. RDB 1,875 32.8% 84.1% Hispanic 1,560 27.3% 83.2% AfricanAmerican 2,218 38.8% 151.6% Asian 36 0.6% 60.0% Other 28 0.5% 31.3% Non-Consent Searches Resulting from Traffic Stops Total Non-Consent Searches Resulting from Traffic Stops: 4,512 Total Non-Consent Searches Resulting from Traffic Stops by Race/Ethnicity: White Searches Pct. RDB 1,442 32.0% 82.1% Hispanic 1,297 28.7% 87.5% AfricanAmerican 1,721 38.1% 149.8.9% Asian 26 0.6% 60.0% Other 26 0.6% 37.5% Consent Searches Resulting from Traffic Stops Total Consent Searches Resulting from Traffic Stops: 1,205 Total Consent Searches Resulting from Traffic Stops by Race/Ethnicity: White Searches Pct. RDB Hispanic 433 35.9% 92.1% 263 21.8% 107.4% AfricanAmerican 497 41.2% 160.9% Asian Other 10 0.8% 80.0% 2 0.2% 12.5% Arrests Resulting from Traffic Stops Total Arrests Resulting from Traffic Stops: 3,823 Total Arrests Resulting from Traffic Stops by Race/Ethnicity: White Searches Pct. RDB Hispanic 1,426 37.3% 95.6% 1,203 31.5% 96.0% AfricanAmerican 1,129 29.5% 115.2% Asian Other 19 0.5% 50.0% 46 1.2% 75.0% Racial Profiling Training All active officers of the Police Department successfully completed the TCLEOSE mandated Racial Profiling Training course. The only officers who did not were those on Workers Compensation or who are currently serving in the military. They will receive the training prior to their return to active duty. Racial Profiling Complaints Only one Racial Profiling complaint was received during calendar year 2002 and following an investigation it was unfounded. Summary The Tier I information presented in this report provides minimal information regarding Racial Profiling and is a preliminary step in collecting and assessing information regarding this practice which can be used for further training and policy revisions in the future. The Tier II report, to be presented to the City Council on March 1, 2004, will include expanded information regarding reason for the stop, location, whether the person was a city resident, reason for a search, if contraband was found, etc. Primarily this data will be collected from the Pedestrian Checklist, which is attached to this report. This data should prove to be much more helpful the Department in identifying trends and reacting appropriately. Traffic Citations Percent of Households with Vehicles White Hispanic AfricanAmerican Asian 1.6 % 1.6 % 1.0 % 2.1 % 25 .6% Percent of Traffic Citations 18 .5% 32 .8% 20 .3% 39 .0% 57 .5% 100% 90% 80% 70% 60% 50% 40% 30% 20% 10% 0% Other Searches Resulting from Traffic Stops Percent of Households with Vehicles 38 .8% Percent of Searches White Hispanic AfricanAmerican Asian 0.5 % 1.6 % 0.6 % 2.1 % 18 .5% 27 .3% 20 .3% 32 .8% 57 .5% 100% 90% 80% 70% 60% 50% 40% 30% 20% 10% 0% Other Non-Consent Searches Resulting from Traffic Stops Percent of Households with Vehicles 38 .1% Percent of Non-Consent Searches White Hispanic AfricanAmerican Asian 1.6 % 6.0 % 6.0 % 2.1 % 18 .5% 27 .8% 20 .3% 32 .0% 57 .5% 100% 90% 80% 70% 60% 50% 40% 30% 20% 10% 0% Other Consent Searches Resulting from Traffic Stops Percent of Households with Vehicles 57 .5% 41 .2% Percent of Consent Searches White Hispanic AfricanAmerican Asian 0.2 % 1.6 % 0.8 % 2.1 % 18 .5% 21 .8% 20 .3% 35 .9% 100% 90% 80% 70% 60% 50% 40% 30% 20% 10% 0% Other Arrests Resulting from Traffic Stops Percent of Households with Vehicles White Asian 1.6 % 1.2 % AfricanAmerican 5.0 % 18 .5% 29 .5% Hispanic Percent of Arrests Resulting From Traffic Stops 2.1 % 20 .3% 31 .5% 37 .3% 57 .5% 100% 90% 80% 70% 60% 50% 40% 30% 20% 10% 0% Other Racial Profiling Report 2002 Attachment A Texas Senate Bill 1074 Racial Profiling Report 2002 Attachment B Fort Worth Police Department Special and General Orders On Racial Profiling FORT WORTH SPECIAL ORDER GENERAL ORDER: 321.06 SUBJECT: Racial Profiling Senate Bill 1074 which deals with racial profiling takes effect on September 1, 2001. Under this new law, law enforcement departments must develop a policy which defines racial profiling, prohibits the practice of racial profiling, implements a process for individuals to file a complaint, provides public education relating to a complaint process, requires appropriate corrective action against an officer who engages in racial profiling, requires the collection of information relating to traffic stops in which a citation is issued, and to arrests resulting from a traffic stop, and submitting an annual report to the city of the information collected. TCLEOSE will be responsible for establishing statewide comprehensive education and training for officers on racial profiling. The appropriate procedures are currently being developed to implement the provisions of this law. Until a General Order is ready for distribution, the following provisions in this Special Order shall apply: 321.06 RACIAL PROFILING A. Officers are strictly prohibited from engaging in racial profiling. B. Definitions 1. Race or ethnicity - a particular descent, including Caucasian, African, Hispanic, Asian, or Native American. 2. Racial Profiling - Article 3.05 of the Texas Code of Criminal Procedure defines racial profiling as a law enforcement -initiated action based on an individual’s race, ethnicity, or national origin rather than on the individual’s behavior or on information identifying the individual as having engaged in criminal activity. C. Allegations of racial profiling 1. Individuals may report allegations to any supervisor or Internal Affairs Division for an investigation. 2. Employees shall report allegations to any supervisor or Internal Affairs Division for an investigation. 3. Supervisors shall monitor the adherence to the General Orders by all employees under their command and, when necessary, shall initiate an investigation into all alleged violations established under this General Order. 4. Allegations of misconduct and disciplinary action shall follow the procedures as outlined in General Orders 410.00. Officers shall be subject to disciplinary action up to and including indefinite suspension for engaging in racial profiling. D. Data will be collected on all traffic stops in which a citation is issued or when an arrest results from a traffic stop. With the issuance of a citation, officers will record on the back side of the citation whether a search was conducted and, if so, whether the person detained consented to the search or the search was incident to an arrest. 1. Data concerning the recorded information of the search and on the race or ethnicity of the individual detained will be recorded by the bureau and forwarded monthly to Research and Planning for preparation of an annual report. NOTE: Data collection begins on January 1, 2002. E. Information related to Fort Worth Police Department procedures is available on the department’s Internet website. August 31, 2001 Date of Approval Ralph Mendoza Chief of Police RM/mah FORT WORTH POLICE DEPARTMENT SPECIAL ORDER To assist in complying with the racial profiling legislation requiring data collection, only the new traffic citation book shall be used after December 31, 2001. The new traffic citation has additional boxes for recording ethnicity, whether a search was conducted, and whether the search was consensual. Before January 1, 2002, officers shall return all old traffic citation books to their supervisor and request the new citation books. Additionally, starting January 1, 2002, officers completing an offense/incident report on an arrest resulting from a traffic stop shall select “Arrest Resulting from Traffic Stop” on the MO screen. If this flag is selected a second screen will appear and the officer shall check whether a search was conducted and whether the search was consensual. This procedure will assist the department in recording the necessary information on racial profiling as required by legislation. December 27, 2001 Date of Approval Ralph Mendoza Chief of Police RM/mah FORT WORTH POLICE DEPARTMENT SPECIAL ORDER Beginning on March 1, 2002, officers will begin collecting additional data for racial profiling reporting using a special form book entitled “Traffic/Pedestrian Stop Checklist.” The book will have the instructions for data collection on the inside front flap. The book is similar to a citation book but has a light blue original and a yellow copy. Procedures for issuing the book and for retrieval will be the same as citation books. The exception will be in the Field Operations Bureaus where the completed book will be stored indefinitely at the NPD. After entering data on a form, the officer will remove the light blue original and submit the form along with other paperwork at the end of tour. The yellow copy will remain in the book. The citizen does not receive a copy of the form. Supervisors should place the submitted original blue form in a specific file for convenient retrieval. March 01, 2002 Date of Approval Ralph Mendoza/approved by Deputy Chief P.J. Kneblick Chief of Police RM/mah FORT WORTH POLICE DEPARTMENT 321.06 GENERAL ORDER SECTION: 321.06 SUBJECT: RACIAL PROFILING RACIAL PROFILING The guidelines in this General Order are intended to reaffirm the department’s commitment to unbiased policing, to clarify the circumstances in which an officer can consider race, ethnicity, or national origin, and to assure the department is providing the public with a process by which an individual may file a complaint of racial profiling with the department if the individual believes that an officer has engaged in racial profiling with respect to the individual. A. Officers are strictly prohibited from engaging in racial profiling. B. Definitions 1. Race or ethnicity - a particular descent, including Caucasian, African, Hispanic, Asian, or Native American. 2. Racial Profiling - Article 3.05 of the Texas Code of Criminal Procedure defines racial profiling as a law enforcement -initiated action based on an individual’s race, ethnicity, or national origin rather than on the individual’s behavior or on information identifying the individual as having engaged in criminal activity. C. Impartiality in law enforcement actions 1. Officers must be able to articulate specific facts and circumstances that support reasonable suspicion or probable cause for investigative detentions, traffic stops, arrests, searches, and seizures. 2. Officers may take into account the race, ethnicity, or national origin of an individual based upon the individual’s behavior or on information identifying the individual as having engaged in criminal activity. 3. Prohibited acts Any law enforcement-initiated action based on an individual’s race, ethnicity, or national origin rather than on the individual’s behavior or on information identifying the individual as having engaged in criminal activity, is prohibited. D. Allegations of racial profiling 1. Individuals may report allegations to any supervisor or Internal Affairs Division for an investigation. a. Officers shall provide the pamphlet, Racial Profiling Policy and Procedures, to any individual that inquires about reporting an incident perceived to be racially motivated. 2. Employees shall report allegations to any supervisor or Internal Affairs Division for an investigation. 3. Supervisors shall monitor the adherence to the General Orders by all employees under their command and shall initiate an investigation into all alleged violations established under this General Order. 4. Allegations of misconduct and disciplinary action shall follow the procedures as outlined in General Orders 410.00. Officers shall be subject to disciplinary action up to and including indefinite suspension for engaging in racial profiling. E. Data Collection 1. Data shall be collected on all traffic stops in which a citation is issued and when an arrest results from a traffic stop. With the issuance of a citation, officers will record in the appropriate sections on the citation the race or ethnicity of the individual detained and whether a search was conducted and, if so, whether the person detained consented to the search including information relating to: a. The race or ethnicity of the individual detained, and b. Whether a search was conducted and, if so, whether the person consented to the search. 2. Officers shall complete the information included on the Traffic/Pedestrian Stop Checklist in the following situations: a. On all traffic stops for an alleged violation of a law or ordinance regulating traffic, and b. For a stop of a pedestrian for any suspected offense. “Pedestrian stop” or a “stop of a pedestrian” means an interaction between an officer and an individual who is being detained for the purpose of a criminal investigation in which the individual is not under arrest. 3. 4. 5. 6. c. Officers will submit all checklists completed during their tour of duty to their supervisor at the end of their shift. Once all checklists in the book have been completed, the officer will submit the book to their supervisor. d. All submitted checklists and completed books shall be retained at the officer’s district or division until requested to forward the data to Staff Services Division for compiling the annual report. Officers completing an offense/incident report on an arrest resulting from a traffic stop shall select “Arrest Resulting from Traffic Stop” on the MO screen. If this flag is selected a second screen will appear and the officer shall check whether a search was conducted and whether the search was consensual. Any vehicle equipped with video and/or audio capabilities shall retain the video and/or audio documentation in accordance with the division’s standard operating procedures. Such documentation shall be retained for at least 180 days after the stop, or until disposition if a complaint has been made. a. The department will promptly provide a copy of the documentation to an officer who is the subject of a complaint upon a written request from the officer if the officer pays the replacement cost of the video. b. If a complaint has been made, the documentation shall be retained by the Internal Affairs Division until final disposition of the complaint. At the direction of the Chief of Police or designee, additional data may be collected by the department in an effort to monitor enforcement actions and to provide a overview of department compliance with this General Order. An annual report will be prepared by the Staff Services Division based on the data collection and in accordance with TCLEOSE guidelines and in line with city protocol and forwarded to the city manager within the prescribed time period for presentation to the City Council. Racial Profiling Report 2002 Attachment C Fort Worth Police Department Bi-lingual Racial Profiling Brochure The Fort Worth Police Department is dedicated to providing the best quality police service to all citizens of Fort Worth and to those who visit our city. We are committed to the principles of justice and equality and carefully select and train the best possible employees to support that commitment. To ensure employee understanding of the importance of fair and equal treatment, departmental policy strictly prohibits the practice known as “racial profiling.” Racial profiling is defined by the Texas Code of Criminal Procedure as a law enforcement-initiated action based on an individual’s race, ethnicity, or national origin rather than on the individual’s behavior or on information identifying the individual as having engaged in criminal activity. Complaints of racial profiling, as with other complaints against departmental personnel, may be lodged with the Internal Affairs Division or with any supervisor in the police department. The Internal Affairs Division is staffed from 8:00 a.m. until 5:00 p.m., Monday through Friday. Complaints may also be made by phone or in person at any of the patrol division facilities. A racial profiling complaint should be made in a timely manner after the incident so that the details are readily available to the investigating supervisor and prompt attention can be focused to correct and/or discipline an officer acting in an unacceptable manner. If you feel you have been mistreated or harassed, it is your responsibility to file a formal complaint. Get the officer’s name and identification number. They are required to give you this information if you ask. Keep a file with copies of everything pertinent to your case: your statements, letters sent and letters received. Keep a written log of who you talk to, the date and time of the conversation, and what was said. Keep track of the progress of your complaint. Additional provisions of the law require collection of certain information related to each traffic stop and each investigative stop of a pedestrian. Officers are required to document information related to each individual stopped and any search conducted as a result of the stop. Annual reports will be made to the City Council concerning data reported for the previous calendar year. In compliance with state law, data collection related to traffic and pedestrian stops began on January 1, 2002. The first report will be made to the City Council by March 31, 2003. Newly hired recruits as well as tenured officers and supervisors receive classroom training on the state law and departmental policy and procedures related to racial profiling. Such training is mandated by the new law and standardized through the Texas Commission on Law Enforcement Officer Standards and Education, the regulatory agency charged with establishing, implementing, and maintaining standards for peace officers statewide. The Fort Worth Police Department is vitally interested in the welfare of all its citizens and visitors and diligent in taking action when its employees have proven derelict in their duties or are guilty of wrongdoing. If it becomes necessary for you to make a complaint, you can be assured that it will be given a fair and thorough investigation. By the same token, if you have occasion to see a police officer doing outstanding work, tell us about it. Your Fort Worth Police Officers are dedicated to serving you and our community. POLICE DEPARTMENT RACIAL PROFILING POLICY AND PROCEDURES Useful Addresses and Telephone Numbers: Internal Affairs Division 817/877-8051 350 West Belknap Street Fort Worth Police Department 817/335-4222 350 West Belknap Street North Division 817/871-6450 2500 North Houston Street East Division 817/871-5200 5650 East Lancaster Avenue South Division 817/922-3400 3128 West Bolt Street West Division 817/871-5000 3525 Marquita Drive El Departamento de Policía de Fort Worth está dedicado a proveer el mejor servicio policial para todos los ciudadanos de Fort Worth y a esos que visitan nuestra ciudad. Estamos comprometidos a los principios de justicia e igualdad y cuidadosamente hacemos una selección y entrenamos a los mejores empleados posibles para dar soporte a ese compromiso. Para asegurar que el empleado entiende la importancia del tratamiento justo y equitativo, la política departamental estrictamente prohíbe la práctica conocida como “perfil racial.” Perfil Racial está definido por el Código de Procedimiento Criminal de Texas o Texas Code of Criminal Procedure como una acción de incio de un oficial de policía basado solamente en la raza, étnia, u origen nacional del individuo en vez del comportamiento del individuo o en información que identifica al individuo como una persona involucrada en alguna actividad criminal. Las quejas de perfil racial, al igual que con otras quejas en contra de empleados del departamento, puede ser hechas en la División de Asuntos Internos o con cualquier supervisor en el Departamento de Policía. El personal de la División de Asuntos Internos atiende de 8:00 a.m. a 5:00 p.m., de lunes a viernes. Las quejas también pueden ser hechas por teléfono o en persona en cualquier instalación de la división de patrulla. Una queja racial debe ser hecha de manera oportuna después del incidente a fin de que los detalles estén disponibles para el supervisor investigador y la atención prestada pueda ser enfocada para corregir y/o disciplinar a un oficial actuando en una manera inaceptable. Si usted siente, que ha sido maltratado o acosado, es su responsabilidad archivar una denuncia formal. Obtenga el nombre y número de identificación del oficial. Ellos están obligados a darle esta información si usted pregunta. Conserve un archivo con copias de todo lo relacionado con su caso: Sus declaraciones, cartas expedidas y sus cartas recibidas. Conserve una anotación de con quien usted habla, la fecha y el tiempo de la conversación, y lo que se dijo. Siga la ruta del progreso de su queja. Cláusulas adicionales a la ley requieren un archivo de cierta información relacionada con cada detención y cada acto investigativo acerca de detener a un peatón. Los oficiales están obligados a documentar información relacionada de cada individuo detenido y cualquier investigación realizada como resultado de la inmovilización. Se harán reportes anuales al Concejo Municipal sobre información concurrente reportada para el año civil previo. De acuerdo con la ley estatal, el archivo de datos guardados con relación a tráfico y parada de peatones empezaron el 1º de enero, 2002. El primer informe se hará al Concejo Municipal el 31 de marzo, 2003. Los reclutas recién contratados así como también los oficiales y los supervisores en oficio reciben entrenamiento de la ley estatal y la política departamental y los procedimientos relacionados con el perfil racial. Tal entrenamiento es promulgado por la nueva ley y estándar a través de la Comisión de Texas en la Ejecución de la Ley Estándar y Educativa para Oficiales, la agencia reguladora cumple con establecer, implementar, y mantener las normas para oficiales del orden público de todo el estado. El Departamento de Policía de Fort Worth está sumamente interesado en el bienestar de todo sus ciudadanos y sus visitantes y presto en tomar cartas en el asunto cuando sus empleados han resultado ser ofensores en sus derechos o son culpables de actos contra la ley. Si es necesario para usted hacer una queja, entonces usted puede confiar que recibirá una investigación justa y cabal. Del mismo modo, si usted observa a algún oficial realizando una labor de apremio o sobresaliente, por favor háganoslo saber. Sus Oficiales de Policía de Fort Worth están dedicados a servir a usted y nuestra comunidad. DEPARTAMENTO DE POLICÍA PERFIL RACIAL POLÍTICA Y PROCEDIMIENTOS Direcciones útiles y Números de teléfono: División de Asuntos Internos 817/877-8051 350 West Belknap Street Departamento de Policía 817/335-4222 350 West Belknap Street División Norte 817/871-6450 2500 North Houston Street División Este 817/871-5200 5650 Lancaster Avenue División Sur 817/922-3400 3128 West Bolt Street División Oeste 817/871-5000 3525 Marquita Drive División de Asuntos Internos 817/877-8051 350 West Belknap Street Racial Profiling Report 2002 Attachment D Fort Worth Police Department Traffic/Pedestrian Stop Checklist TRK-DXXXXXX City of Fort Worth, Texas TRAFFIC/PEDESTRIAN STOP CHECKLIST COMPLETE ONE FORM FOR EACH INDIVIDUAL 1. DATE / MO / DAY YEAR 2. ADDRESS 3. NAME PRINT 4. RACE W B A/PI NA/E O LAST ‘ ‘ ‘ ‘ ‘ 5. SEX Male Female FIRST MI 6. ETHNICITY ‘ Hispanic ‘ Non-Hispanic 7. VIOLATION/OFFENSE? 8. SEARCH CONDUCTED? YES ‘ NO ‘ 9. WITH CONSENT? YES ‘ NO ‘ N/A ‘ 10.CONTRABAND FOUND? YES ‘ NO ‘ ‘ ‘ 11.TYPE OF CONTRABAND? 12.FACTS SUPPORTING PROBABLE CAUSE TO SEARCH 13.CITY RESIDENT? YES ‘ NO ‘ 14.RESULT OF STOP (CHECK AS APPROPRIATE) ARREST ‘ VERBAL WARNING ‘ CITATION ‘ N/A ‘ 15.VIOLATION(S)/OFFENSE(S) 16.OFFICER PRINT INITIALS LAST NAME ID#