Texas A&M University-Kingsville Police Department

Transcription

1 Texas A&M University-Kingsville Police Department Racial Profiling Report 2017 Felipe Garza Director, Public Safety/Chief of Police Texas A&M University-Kingsville Traffic Stop Information Compiled by: Sergeant Andres Hernandez

2 POLICE DEPARTMENT MSC 126 KINGSVILLE, TEXAS PHONE FAX February 19, 2018 Dr. Steven H. Tallant President Texas A&M University-Kingsville 700 University Boulevard, MSC101 Kingsville, Texas Dear President Tallant: The Texas A&M University Kingsville police department, in accordance with the Texas Racial Profiling Law, has been collecting police traffic stop contact data for the purpose of identifying and responding, if necessary, to concerns regarding racial profiling. I believe that this report will serve as evidence that the Texas A&M University-Kingsville Police Department continues to strive toward the goal of maintaining strong relations with the University community. The Texas A&M University-Kingsville Police Department has adopted a policy which prohibits the practice of racial profiling among its officers. This report provides statistical data relevant to the public contacts made during the period of January 1, 2017 through December 31, The information has been analyzed and compared to other statistical data of residents residing in Kingsville, Kleberg County, Texas and the student population of Texas A&M University-Kingsville, Fall The 85 th Legislature, 2017 Regular Session, passed HB 3051 (effective on September 1, 2017), amending the Code of Criminal procedure, Article (a)(3) and Transportation Code, Section 2, Section (a), to change the official race or ethnicity categories tracked by the state as follows: "Race or ethnicity" means the following categories: (A) Alaska native or American Indian; (B) Asian or Pacific Islander; (C) black; (D) white; and (E) Hispanic or Latino. These changes are included in the report. The number of traffic stops decreased in 2017 from previous years, there does not appear to be a trend that would indicate a racial profiling problem. Sincerely, Felipe E. Garza Director, Public Safety/Chief of Police cc: Dr. Terisa Riley, SVPSA&UA/Texas Commission on Law Enforcement

3 TAMUK Police Department Mission Statement Page 3 of 51

4 Texas A&M University-Kingsville Mission Statement The mission of Texas A&M University-Kingsville is to develop well-rounded leaders and critical thinkers who can solve problems in an increasingly complex, dynamic and global society. Located in South Texas, the university is a teaching, research and service institution that provides access to higher education in an ethnically and culturally diverse region of the nation. Texas A&M-Kingsville offers an extensive array of baccalaureate and master's degrees, and selected doctoral and professional degrees in an academically challenging, learner-centered and caring environment where all employees contribute to student success. Texas A&M University-Kingsville Division of Student Affairs and University Administration Mission Statement In the spirit of Javelina Pride, we support our University mission by effectively managing resources and creating a positive campus experience. Texas A&M University-Kingsville Police Department Mission Statement The Mission of the Texas A&M University-Kingsville Police Department is to provide a safe campus that is conducive to a learning, living, teaching, and working environment by providing quality police service and a secure campus for all students and the University community. Page 4 of 51

5 Texas A&M University-Kingsville Police Department Bias Based Profiling Policy Page 5 of 51

6 TEXAS A&M UNIVERSITY KINGSVILLE POLICE DEPARTMENT General Order Biased Based Profiling Effective Date: Replaces: Racial Profiling October 1, 2016 Approved: Felipe Garza Director of Public Safety/Chief of Police Reference: TBP 2.01, Texas Code of Criminal Procedure, Chapter 2, Articles and 3.05 I. Policy Statement 1. It is the policy of this department to police in a proactive manner and to actively investigate suspected violations of law. Officers shall actively enforce state and federal laws in a responsible and professional manner, without regard to race, ethnicity or national origin. Officers are strictly prohibited from engaging in bias based profiling as defined in this policy. This policy shall be applicable to all persons, whether drivers, passengers or pedestrians. 2. This department prohibits any profiling based on ethnic background, gender, sexual orientation, religion, economic status, age, cultural group, or any other identifiable group. (TBP 2.01) 3. Officers shall conduct themselves in a dignified and respectful manner at all times when dealing with the public. Two of the fundamental rights guaranteed by both the United States and Texas constitutions are equal protection under the law and freedom from unreasonable searches and seizures by government agents. The right of all persons to be treated equally and to be free from unreasonable searches and seizures must be respected. Bias based profiling is an unacceptable patrol tactic and will not be condoned. 4. This policy shall not preclude officers from offering assistance, such as upon observing a substance leaking from a vehicle, a flat tire, or someone who appears to be ill, lost or confused. Nor does this policy prohibit stopping someone suspected of a crime based upon observed actions and/or information received about the person. Page 6 of 51

7 II. Purpose The purpose of this policy is to reaffirm the Texas A&M University-Kingsville Police Department s commitment to unbiased policing in all its encounters between officer and any person; to reinforce procedures that serve to ensure public confidence and mutual trust through the provision of services in a fair and equitable fashion; and to protect our officers from unwarranted accusations of misconduct when they act within the dictates of departmental policy and the law. III. Definitions For the purpose of this policy, the following definitions apply: 1. Racial Profiling 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. 2. Biased policing stopping, detaining, searching, or attempting to search, or using force against a person based upon his or her race, ethnic background, gender, sexual orientation, religion, economic status, age, cultural group, or any other identifiable group. 3. Race or Ethnicity Of a particular decent, including Caucasian, African, Hispanic, Asian, Middle Eastern or Native American. 4. Traffic Stop A peace officer who stops a motor vehicle for an alleged violation of a law or ordinance regulating traffic. Racial profiling pertains to persons who are viewed as suspects or potential suspects of criminal behavior. The term is not relevant as it pertains to witnesses, complainants or other citizen contacts. The prohibition against racial profiling does not preclude the use of race, ethnicity or national origin as factors in a detention decision. Race, ethnicity or national origin may be legitimate factors in a detention decision when used as part of an actual description of a specific suspect for whom an officer is searching. Detaining an individual and conducting an inquiry into that person s activities simply because of that individual s race, ethnicity or national origin is racial profiling. a. Examples of racial profiling include but are not limited to the following: 1) Citing a driver who is speeding in a stream of traffic where most other drivers are speeding because of the cited driver s race, ethnicity or national origin. 2) Detaining the driver of a vehicle based on the determination that a person of that race, ethnicity or national origin is unlikely to own or possesses that specific make or model of vehicle. Page 7 of 51

8 3) Detaining an individual based upon the determination that a person of that race, ethnicity or national origin does not belong in a specific part of town or a specific place. b. A law enforcement agency can derive at two principles from the adoption of this definition of racial profiling: 1) Police may not use racial or ethnic stereotypes as factors in selecting whom to stop and search, while police may use race in conjunction with other known factors of the suspect. 2) Law enforcement officers may not use racial or ethnic stereotypes as factors in selecting whom to stop and search. Racial profiling is not relevant as it pertains to witnesses, etc. IV. Training 1. Officers are responsible to adhere to all Texas Commission on Law Enforcement (TCOLE) training and the Law Enforcement Management Institute of Texas (LEMIT) requirements as mandated by law. 2. All officers shall complete TCOLE training and education program on racial profiling not later than the second anniversary of the date the officer is licensed under Chapter 1701 of the Texas Occupations Code or the date the officer applies for an intermediate proficiency certificate; whichever date is earlier. 3. The chief of police, as part of the initial training and continued education for such appointment, will be required to attend the LEMIT program on racial profiling. 4. An individual appointed or elected as a police chief before the effective date of this Act shall complete the program on racial profiling established under Subsection (j), Section , Texas Education Code, as added by this Act. V. Complaint Investigations 1. The department shall accept complaints from any person who believes he or she has been stopped or searched based on ethnic background, gender, sexual orientation, religion, economic status, age, cultural group, or any other identifiable group. No person shall be discouraged, intimidated or coerced from filing a complaint, nor discriminated against because he or she filed such a complaint. 2. Any employee who receives an allegation of bias based profiling, including the officer who initiated the stop, shall record the person s name, address and Page 8 of 51

9 telephone number, and forward the complaint through the appropriate channel or direct the individual(s) how to do so in accordance with General Order Internal Investigations. 3. Investigation of a complaint shall be conducted in a thorough and timely manner. All complaints will be acknowledged in writing to the initiator who will receive disposition regarding said complaint within a reasonable period of time. The investigation shall be reduced to writing and any reviewer s comments or conclusions shall be filed with the chief. When applicable, findings and/or suggestions for disciplinary action, retraining, or changes in policy shall be filed with the chief. 4. If a bias based profiling complaint is sustained against an officer, it will result in appropriate corrective and/or disciplinary action, up to and including termination. 5. If there is a departmental video or audio recording of the events upon which a complaint of biased based profiling is based, upon commencement of an investigation by this department into the complaint and written request of the officer made the subject of the complaint, this department shall promptly provide a copy of the recording to that officer. VI. PUBLIC EDUCATION This department will inform the public of its policy against biased based profiling and the complaint process. Methods that may be utilized to inform the public are the news media, service or civic presentations, the Internet, department website as well as governing board meetings. COLLECTION OF DATA AND REPORTING 1. An officer is required to collect information relating to traffic stops in which a citation/written warning is issued. On the citation officers must include: a. the race or ethnicity of the individual detained; b. whether a search was conducted; c. whether the individual detained consented to the search; and d. whether the peace officer knew the race or ethnicity of the individual detained before detaining that individual; 2. By March 1 of each year, the department shall submit a report to the President of the University and TCOLE that includes the information gathered by the citations from the preceding calendar year. The report will include: a. A list of citations by race or ethnicity; b. Number of citations that resulted in a search; Page 9 of 51

10 c. Number of searches that were consensual; and d. Number of citations that resulted in custodial arrest for this cited violation or any other violation. Texas A&M University Kingsville Police Department Personnel Complaint Form Date: Complainant s Full Name: Complainant s Address: Telephone No: Day & Date of alleged incidents(s): Approximate time of alleged incidents(s): Location where incident occurred: If a person was arrested print name of arrested person: Arrested person s address: Tele. No: Indicate relationship of arrested person to complainant: Name or other identifying information relating to the employee against whom the allegation(s) is/are being made: Witness or Witnesses (if any) Name of witness: Address of witness: Telephone No.: Nature of Complaint(s) - Clearly indicate the nature of your complaint. Page 10 of 51

11 (Use reverse side of the form if more space is needed.) Page 11 of 51

12 (Nature of Complaint - cont d) Complainant Signature Witnessed By: Copy Received: Signature of Complainant Date: Complainant refused to affix signature Employee Signature Date Other (explain) Response Waived: Employee Signature Date GOVERNMENT CODE Section Complaint to be in writing and Signed by Complainant. To be considered by the head of a state agency or by the head of a fire or police department, the complaint must be: (1) in writing and (2) signed by the person making the complaint. Section Copy of Complaint to be Given to Officer or Employee. a) A copy of a signed complaint against a law enforcement officer, fire fighter or police officer shall be given to the officer or employee within a reasonable time after the complaint is filed. b) Disciplinary action may not be taken against the officer or employee unless a copy of the signed complaint is given to the officer or employee. Page 12 of 51

13 Training Page 13 of 51

14 In compliance with the Texas Racial Profiling Law, the Texas A&M University- Kingsville police department has required that all its officers adhere to State mandates and the Texas Commission on Law Enforcement (TCOLE) requirements to comply with the Texas Occupations Code, Chapter 1701, regarding the training and education program on racial profiling. Of the current TAMUK police department officers only one officer, who has been employed for eight months, has not received the training. Name Class Date Hours Academy Bruce, Juan Basic Police Academy 5/20/2011 NA Lower Rio Grande Valley Police Academy Burris, Todd Combined Asset Forfeiture and Racial Profiling 4/9/ Del Mar Regional Police Academy Cavazos, Morgan Racial Profiling 1/5/ TCOLE Online Espitia. Miranda Basic Police Academy Racial Profiling 9/8/ Rio Grande Valley Police Academy Flores, Ida Combined Asset Forfeiture 12/29/ OSS Academy and Racial Profiling Online Garza, Felipe Racial Profiling 1/16/ Bill Blackwood LEMI of Texas Gonzalez, Mateo Basic Police Academy Racial Profiling 5/16/ Del Mar Regional Police Academy Gray, Michael Combined Asset Forfeiture and 7/9/ Stephen F. Austin Racial Profiling UPD Hernandez, Andres Racial Profiling 9/18/ TCOLE Online Mendez, Andrew Racial Profiling 5/28/ Kleberg County Sheriff's Office Montes, Jesus Basic Police Academy Racial Profiling 5/16/ Del Mar Regional Police Academy Rodriguez, Adam Combined Asset Forfeiture and Racial Profiling 12/29/ OSS Academy Online Salinas, Vilma Racial Profiling 5/5/ TCOLE Online Tijerina, David Basic Police Academy Racial Profiling 1/27/ Rio Grande Valley Police Academy Page 14 of 51

15 Texas A&M University-Kingsville Organizational Chart Page 15 of 51

16 Texas A&M University-Kingsville Police Department Organizational Chart 2017 Felipe E. Garza Director, Public Safety/Chief of Police INFORMATION TECHNOLOGY Val Ramirez IT Director Todd Burris Lieutenant Vilma Salinas Sergeant-Investigator PATROL DIVISION COMMUNICATIONS SECTION Andres Hernandez Sergeant Gabriel Gonzalez Sergeant Adam Rodriguez Sergeant Katherine Chisholm-Webb Office Manager Juan Bruce Patrol Officer I Morgan Cavazos Patrol Officer III Ida Flores Patrol Officer II Sonia Cavazos Communications Officer Miranda Espitia Patrol Officer II David Tijerina Patrol Officer II Michael Gray Patrol Officer II Ricardo Chapa Communications Officer Mateo Gonzalez Patrol Officer II Vacant Police Officer Jesus Montes Patrol Officer II Alexandria Deleon Communications Officer Ryan Webb Patrol Officer III Maria R. Gonzalez Communications Officer PARKING ENFORCEMENT VACANT Parking Enforcement Part Time Alejandro Segura Parking Enforcement Part Time VACANT Parking Enforcement Work Study VACANT Parking Enforcement Work Study Page 16 of 51

17 Texas A&M University-Kingsville Police Department Racial Profiling Data and Charts 2017 Page 17 of 51

18 Census Information Gender Gender Male % Female % Texas ,472, % 12,673, % 25,145,561 Kleberg County , % 15, % City of Kingsville , % 12, % TAMUK Students Fall 2017 (8674) 4, % 4, % Fall 2015 (9207) 5, % 4, % Fall 2014 (8687) 4, % 3, % Fall 2013 (7730) 4, % 3, % Fall 2012 (7234) 3, % 3, % Texas A&M University-Kingsville UPD STOPS by GENDER Male Female 2017 Stops % % 2016 Stops % % 2015 Stops % % 2014 Stops % % Page 18 of 51

19 Texas A&M University- Kingsville Term ETHNICITY 1 Hispanic 2 White 3 Black 4 Asian 5 International 6 Native Hawaiian 7 Native American Grand Total 2017 Fall Percentage 64.9% 14.1% 4.6%.96% 14.3%.01%.16% 20 Unknown 2015 Fall Percentage 57.7% 14.9% 5.19%.90% 20.16%.09%.12% Unknown 2014 Fall Percentage 57.3% 16.5% 5.4%.90% 18.8%.12%.10% 72 Unknown 2013 Fall City of Kingsville Hispanic White Black Asian Am. Indian Hawaiian/Pac Middle Eastern Census Percentage 71.4% 21.1% 4.4% 2.7% 0.7% 0.1% 0.0% Kleberg County Hispanic White Black Asian Am. Indian Hawaiian/Pac Middle Eastern Census Percentage 70.2% 9.7% 3.7% 2.3% 0.6% 0.1% 0.0% Traffic Stops Ethnicity Hispanic White African American Black Asian/Pacific Islander Native American Grand Total % 23.1% 0.07%.13% 0% Page 19 of 51

20 Tier 2 Data Page 20 of 51

21 TIER 2 - FULL RACIAL PROFILING REPORT Agency Name: TEXAS A&M UNIVERSITY-KINGSVILLE P. D. Reporting Date: 02/19/2018 TCLEOSE Agency Number: Chief Administrator: FELIPE E. GARZA, JR. Agency Contact Information: Phone: kufeg001@tamuk.edu Mailing Address: TEXAS A&M UNIVERSITY-KINGSVILLE P. D. 700 University Blvd., MSC126 Kingsville, TX This Agency filed a full report because: Our agency has no motor vehicles with audio or video equipment. Certification to This Report (Tier 2) Full Report Article 2.132(b) CCP Law Enforcement Policy on Racial Profiling TEXAS A&M UNIVERSITY-KINGSVILLE P.D. has adopted a detailed written policy on racial profiling. Our policy: 1. clearly defines acts constituting racial profiling; 2. strictly prohibit peace officers employed by the TEXAS A&M UNIVERSITY- KINGSVILLE P. D. from engaging in racial profiling; 3. implements a process by which an individual may file a complaint with the TEXAS A&M UNIVERSITY-KINGSVILLE P. D. if the individual believes that a peace officer employed by the TEXAS A&M UNIVERSITY-KINGSVILLE P.D. has engaged in racial profiling with respect to the individual; 4. provides public education relating to the agency's complaint process; 5. requires appropriate corrective action to be taken against a peace officer employed by the TEXAS A&M UNIVERSITY-KINGSVILLE P. D. who, after an investigation, is shown to have engaged in racial profiling in violation of the TEXAS A&M UNIVERSITY-KINGSVILLE P. D.'s policy adopted under this article; 6. require collection of information relating to motor vehicle stops in which a citation is issued and to arrests made as a result of those stops, including information relating to: a. the race or ethnicity of the individual detained; b. whether a search was conducted and, if so, whether the individual detained consented to the search; and c. whether the peace officer knew the race or ethnicity of the individual detained before detaining that individual; and Page 21 of 51

22 7. require the chief administrator of the agency, regardless of whether the administrator is elected, employed, or appointed, to submit an annual report of the information collected under Subdivision 6 to: a. the Texas Commission on Law Enforcement; and b. the governing body of each county or municipality served by the agency, if the agency is an agency of a county, municipality, or other political subdivision of the state I certify these policies are in effect. Executed by: FELIPE E. GARZA, JR Chief Administrator TEXAS A&M UNIVERSITY-KINGSVILLE P. D. Date: 02/19/2018 Page 22 of 51

23 TEXAS A&M UNIVERSITY-KINGSVILLE P. D. Racial Profiling Information Gender: Female Male Total (3, 10, 13, 18, 21, 40 and 51 must be equal) Race or Ethnicity: African American/Black Asian/Pacific Islander White Hispanic 8. 0 Alaska Native/American Indian Total (3, 10, 13, 18, 21, 40 and 51 must be equal) Race or Ethnicity known prior to stop: Yes No Total (3, 10, 13, 18, 21, 40 and 51 must be equal) Reason for stop: Violation of law other than traffic Pre-existing knowledge (i.e. warrant) Moving Traffic Violation Vehicle Traffic Violation (Equipment, Inspection or Registration) Total (3, 10, 13, 18, 21, 40 and 51 must be equal) Search conducted: Yes No Total Reason for search: Consent Contraband/evidence in plain sight Probable cause or reasonable suspicion Inventory search performed as result of towing Incident to arrest/warrant Total (must equal line 18) Contraband discovered: Yes No Total (must equal line 19) Page 23 of 51

24 Description of Contraband: Illegal drugs/drug paraphernalia Currency Weapons Alcohol Stolen property Other Total (must equal line 28) Arrest result of stop or search: Yes No Total (3, 10, 13, 18, 21, 40 and 51 must be equal) Arrest based on: Violation of the Penal Code Violation of a Traffic Law Violation of City Ordinance Outstanding Warrant Street address or approximate location of the stop: City Street US Highway County Road Private Property or Other Written warning or a citation as a result of the stop: Yes No Total Page 24 of 51

25 TRAFFIC STOPS BY GENDER 2017 Male, Male Female, 101 Female RACE/ETHNICITY African Asian Caucasian Hispanic Middle Eastern Native American Page 25 of 51

26 TEXAS A&M UNIVERSITY-KINGSVILLE P. D. has submitted electronically the analysis in PDF format required by CCP(c) which contains: 1. a comparative analysis of the information compiled under Article to: a. evaluate and compare the number of motor vehicle stops, within the applicable jurisdiction, of persons who are recognized as racial or ethnic minorities and persons who are not recognized as racial or ethnic minorities; and b. examine the disposition of motor vehicle stops made by officers employed by the agency, categorized according to the race or ethnicity of the affected persons, as appropriate, including any searches resulting from stops within the applicable jurisdiction; and 2. information relating to each complaint filed with the agency alleging that a peace officer employed by the agency has engaged in racial profiling I certify the analysis meets the above requirements. Executed by: FELIPE E. GARZA, JR Chief Administrator TEXAS A&M UNIVERSITY-KINGSVILLE P. D. Date: 02/19/2018 (Submitted electronically to the Texas Commission on Law Enforcement) Page 26 of 51

27 Data Sheet Page 27 of 51

28 Page 28 of 51

29 Complaint Process Page 29 of 51

30 Filing a Complaint with the Texas A&M University-Kingsville Police Department TEXAS A&M UNIVERSITY KINGSVILLE POLICE DEPARTMENT General Order Internal Investigations Effective Date: October 1, 2016 Replaces: None Approved: Felipe Garza Director of Public Safety/Chief of Police Reference: TBP: 2.04, 2.05, 2.09, 2.10 PURPOSE To describe procedures for making complaints against all department personnel, for investigating complaints, and to list and define the dispositions of complaints PROCEDURES GENERAL (TBP: 2.04) 1. Receipt of complaints The department encourages any person to bring forward grievances regarding misconduct by employees. Department members shall receive all complaints courteously and shall handle them efficiently. All officers are obligated to explain complaint procedures to anyone who inquires. 2. Responsibilities of supervisors a. First-line supervisors are primarily responsible for enforcing conformance with departmental standards and orders. b. First-line supervisors shall know the officers in their charge by closely observing their conduct and appearance. c. First-line supervisors shall be alert to behavioral changes or problems in their subordinates and, if necessary, document these changes and confer with higher authorities. The first-line Page 30 of 51

31 supervisor shall assess the behavior, and take or recommend appropriate action. d. The supervisor shall recommend and, if appropriate, help conduct extra training for officers not performing according to established standards. e. The first-line supervisor shall employ counseling techniques sanctioned by the department. Counseling is used to adjust and correct minor, infrequent errors or instances of poor performance and to ascertain the nature of any professional or personal problems that bear on performance. The supervisor shall document all instances of counseling. 3. How to make a complaint: a. A copy of "How to Make a Complaint" will be posted in the public area of the department, provided to media representatives, and may be given to any person requesting information on how to make a complaint. b. Whenever possible the complaint should be received on the Department Personnel Complaint Form (see attachment) 4. Responsibility for handling complaints All complaints alleging a violation of the law or policy will be investigated. Complaints will usually be handled through the chain of command, beginning with the first-line supervisor. Complaints involving how service is provided or a failure to provide service or improper attitudes or behavior may be investigated by an assigned supervisor, the Lieutenant, or by the Chief of Police. Depending on the nature of the complaint, the Chief of Police may request another Law Enforcement agency to undertake the investigation. (TBP: 2.06) 5. Complaint-handling procedures a. GARRITY WARNING all members of this department shall be notified of their Garrity rights. The below statement will be inserted in any formal Internal Affairs Complaint Notification Letter: You are required to respond to all questions asked of you in this administrative investigation. Further, you are required to assist investigators with any information they should request. If you fail or refuse to forthrightly answer any and Page 31 of 51

32 all questions asked, you may be subject to disciplinary action up to and including termination from employment. However, in accordance with the United States Supreme Court s decision in Garrity v. New Jersey, 385 US 493 (1967); your statement, as well as any information gained through your statement cannot be used against you in any criminal proceeding. You are further ordered not to discuss this internal investigation with anyone other than your chain of command or attorney, including but not limited to witnesses or prospective witnesses. A violation of this order will be considered an act of insubordination, which could result in disciplinary action against you up to and including termination from employment. b. Texas Government Code all complainants will be informed of the appropriate Texas Government Code regarding complaints against Peace Officers Sec COMPLAINT TO BE IN WRITING AND SIGNED BY COMPLAINANT to be considered by the head of a state agency or by the head of a fire department or local law enforcement agency, the complaint must be: 1) in writing; and 2) signed by the person making the complaint. Sec COPY OF COMPLAINT TO BE GIVEN TO OFFICER OR EMPLOYEE (a) A copy of a signed complaint against a law enforcement officer of this state or a fire fighter, detention officer, county jailer, or peace officer appointed or employed by a political subdivision of this state shall be given to the officer or employee within a reasonable time after the complaint is filed. 1) Disciplinary action may not be taken against the officer or employee unless a copy of the signed complaint is given to the officer or employee. 2) In addition to the requirement of Subsection (b), the officer or employee may not be indefinitely Page 32 of 51

33 suspended or terminated from employment based on the subject matter of the complaint unless: a) the complaint is investigated; and b) there is evidence to prove the allegation of misconduct. c. All complaints, regardless of nature, can be filed in person, by mail, ed, scanned or facsimile (faxed) or by phone at any time. As part of the follow-up investigation, persons making complaints by mail or phone normally shall be interviewed and a written, signed complaint prepared. A signed letter of complaint will be accepted as a signed complaint without requiring any specific form. Anonymous complaints shall be followed up to the extent possible. In case of an anonymous complaint, the officer or other person who receives the anonymous complaint shall reduce the complaint to writing in a memorandum with as much information as possible and forward the report to the Chief of Police. There is nothing to preclude the Chief of Police from being the complainant when receiving complaints from the community where the reputation of the University Police Department or the University is in question. d. Every effort shall be made to facilitate the convenient, courteous, and prompt receipt and processing of any person s complaint. An employee of the department, who interferes with, discourages, or delays the making of complaints shall be subject to disciplinary action. e. Normally, a person with a complaint shall be referred to a supervisor, Lieutenant, or the Chief of Police who shall assist the individual in recording pertinent information. If initially reported to a supervisor, the first-line supervisor shall conduct a preliminary inquiry. The Chief of Police may, if appropriate, conduct a preliminary administrative investigation. The preliminary investigation consists of questioning the officer, complainants, or witnesses, and securing evidence. Upon completion of the preliminary administrative investigation, the following documents shall be prepared and forwarded through the chain of command: 1) a report of the alleged violation; 2) any documents and evidence pertinent to the investigation; Page 33 of 51

34 3) recommendations for further investigation or other disposition. f. If the first-line supervisor or other investigators determine that the complainant is apparently under the influence of an intoxicant or drug, or appears to have a mental disorder, or displays any other trait or condition bearing on his or her credibility, the supervisor or investigator shall note these conditions. Any visible marks or injuries relative to the allegation shall be noted and photographed. g. Prisoners or arrestees also may make complaints. Circumstances may require a department representative meet the complainant at a jail or prison for an interview. If appropriate, the representative will have photographs taken of prisoners' injuries. h. An employee who receives a complaint through U.S. mail shall place the correspondence and envelope in a sealed envelope and forward it to the Chief of Police, who shall determine investigative responsibility. i. Complaints received by telephone by dispatchers or other employees shall be courteously and promptly referred to a supervisor, Lieutenant, or the Chief of Police. The dispatcher or employee shall record the name and telephone number of the complainant and state that a supervisor will call back as soon as practical. j. The above procedure may also be used when department employees desire to enter a complaint against any other employee governed by this order. k. In every case, the Chief of Police will be notified of any complaint as soon as possible by the supervisor receiving the complaint. Complaints received overnight will be brought to the Chief s attention the next workday. Complaints alleging a violation of the law or any serious violation should be reported immediately regardless of the time of day. (TBP: 2.07) 6. Disposition of complaints generally The Chief of Police or his designee shall: a. Notify the complainant, in writing, as soon as practical, that the department acknowledges receipt of the complaint, whether it will Page 34 of 51

35 be formally investigated or not, and that the complainant will be advised of the outcome. b. Enter the complaint into the complaint log, assign a complaint number, and have the complaint investigated. Minor complaints alleging rudeness, minor policy violations and performance issues may be assigned to a supervisor for investigation and resolution. Allegations of a violation of the law or serious policy violations will be investigated by the Chief of Police, an investigator assigned by the Chief of Police, or an outside agency as determined by the Chief. c. Maintain complaint files separate from personnel files. d. Take disciplinary action following the investigation, if appropriate. 7. Disposition of a serious complaint a. Allegations of misconduct that might result in discharge, suspension, or demotion, or criminal charges being sought are serious complaints. The term "serious complaint," in this manual, is synonymous with "internal investigation." Internal investigations examine alleged brutality, gross excesses of legal authority, or allegations involving supervisory or multiple personnel. b. If a criminal offense is alleged, two separate investigations shall be conducted, a criminal investigation as well as an administrative or Internal Investigation. The criminal investigation examines compliance with the criminal law while the Internal Investigation determines compliance with policy and procedure. The Chief of Police will assign these investigations as required. c. In cases of serious complaints, the Chief of Police shall: 1) Determine if the officer complained of should remain on-duty, be assigned to non-contact assignments, or put on administrative leave until completion of the investigations. 2) Determine and assign responsibility for the investigations. Page 35 of 51

36 INVESTIGATIVE PROCEDURES 3) Cause the complaint to be registered and assigned an investigation number in the complaint log. 4) Maintain close liaison with the district attorney in investigating alleged criminal conduct. Where liability is at issue, the Chief shall similarly maintain contact with the Director of Human Resources, Senior Vice President for Student Affairs and University Administration, President of the University and/or A&M System OGC (Office of General Counsel). All investigations will be completed within 30 days to include the taking of disciplinary action when necessary. If additional time is necessary to conclude the investigation, a request for extension will be presented to the Chief in writing providing justification for the extension. If approved by the Chief, a specific number of days will be approved and a copy will be provided to the involved officer and the original placed in the case file. (TBP: 2.05) Upon completion of any investigation, The Chief of Police will notify the complainant in writing, of the results of the investigation and any action taken. (TBP: 2.10) 1. Two types of investigations may take place: administrative or criminal. Different rules govern interviews of employees in each case. 2. Assistance of legal counsel 3. All Interviews a. Employees are permitted to have an attorney, supervisor, or other representative with them in the room during any interview regarding allegations of misconduct. b. The employee's representative is limited to acting as an observer at the interview, except that where the interview focuses on, or leads to, evidence of criminality, the attorney may advise and confer with the employee during the interview. a. Prior to being interviewed, the subject employee shall be advised of the nature of the complaint and provided a copy of the complaint. Page 36 of 51

37 b. All interviews will be conducted while the employee is on duty, unless the seriousness of the investigation is such that an immediate interview is required. c. During interviews conducted by the department, there will be one employee designated as the primary interviewer. d. The complete interview shall be recorded. The recording will note the time at which breaks are taken in the interview process, who requested the break and the time at which the interview resumed. e. The employee shall be provided with the name, rank and command of all persons present during the questioning. 4. Interviews for criminal investigative purposes If the Chief of Police believes that criminal prosecutions are possible and wishes to use statements against the employee in a criminal proceeding, or at least wishes to maintain the option of their use, he or another interviewer shall: a. Give the employee the rights as specified in Texas Code of Criminal Procedure Article b. In addition to the rights set forth in state law, the Chief, or his designee shall advise the employee that if he asserts his right not to answer questions, no adverse administrative action will be taken based upon the refusal. c. If the employee decides to answer questions at this point, the responses may be used in both criminal and disciplinary proceeding. 5. Interview for administrative purposes a. If the Chief of Police wishes to compel an employee to answer questions directly related to his or her official duties, the Chief of Police or another interviewer shall advise the employee that: b. You are advised that this is an internal administrative investigation only. c. You will be asked and are required to answer all questions specifically related to the performance of your duties and your fitness for office. Page 37 of 51

38 d. All questions specifically related to employment must be fully and truthfully answered. e. If you refuse to answer these questions, you can be subject to discipline that can be as much as discharge or removal from office. f. I want to reassure you that any answers given are to be used solely for internal administrative purposes and may not be used in any subsequent criminal prosecution should such occur. g. The purpose of the interview is to obtain information to determine whether disciplinary action is warranted. The answers obtained may be used in disciplinary proceedings resulting in reprimand, demotion, suspension, or dismissal. h. In an interview for administrative purpose, no Miranda rights are required. INVESTIGATIVE TOOLS AND RESOURCES 1. In addition to interviews of the employee and witnesses, the Chief of Police may require other activities in support of a complaint investigation or internal investigation, including: a. Medical and laboratory examination b. The Chief of Police or officer in authority may - based on reasonable suspicion or his observation, require a department employee to submit to a test for alcohol or drug use while on duty. The results may be used in the disciplinary process. Refusal to submit to the examination will be grounds for disciplinary action and may result in the employee's dismissal. c. If the employee is believed to be under the influence of alcohol, a licensed breathalyzer operator shall administer the test. The Chief of Police or officer in authority shall witness the test and sign the report. d. If the employee has a BAC of.02 or higher or there is other competent evidence of impaired abilities to perform duties, the officer shall be relieved of duty by the Chief of Police or officer in authority. e. If the employee is believed to be under the influence of selfadministered drugs, he may be compelled to submit to a blood or Page 38 of 51

39 urine test. The test shall be administered under medical supervision where hygienic safeguards are met. The sample shall be handled using the same safeguards as evidence in a criminal process. f. If the test shows positive results, or there is other competent evidence of impaired abilities to perform duties, the employee shall be relieved of duty as soon as possible by the Chief of Police or other officers in authority. g. If an employee refuses to submit to a test, (alcohol or drugs) then the Chief of Police or other officer in authority shall immediately relieve the employee from duty (on paid leave) for failure to cooperate in an administrative investigation. h. Property assigned to the employee but belonging to the department is subject to inspection where the department has a reasonable suspicion that evidence of work-related misconduct may be found therein. Department property includes files, storage lockers, desks, computers, and vehicles. 2. Photograph and lineup identification procedures a. Officers may be required to stand in a lineup for viewing for the purpose of identifying an employee accused of misconduct. Refusal to stand in a properly conducted lineup is grounds for disciplinary action and may result in dismissal if the criminal prosecution is not anticipated. b. A book of photos of department employees may be maintained for the purpose of identification of an employee accused of misconduct. c. In addition, the department may utilize university video surveillance footage or officer body camera footage in conducting the investigation. 3. Financial disclosure statements An employee may be compelled to make financial disclosure statements when directly and narrowly related to allegations of misconduct involving any unlawful financial gain. 4. Polygraph Page 39 of 51

40 a. All personnel shall be required to submit to a polygraph if ordered to do so by the Chief of Police. b. The Police Chief may order employees to take a polygraph when: 1) The complainant has taken and passed a polygraph concerning the incident. (Unless the complainant is willing to submit to testing but the polygraph operator determines the complainant is not a fit subject due to mental condition, age, or medication). 2) Regardless if the complainant takes a polygraph or is even known, but the complaint is of such a nature to bring severe discredit and suspicion on the department and cannot be satisfactorily resolved in any other manner. c. The results of the polygraph examination shall not be used as the sole basis for disciplinary action against any employee. d. Any polygraph examination given under the provisions of this order shall be administered by a private contractor licensed to administer polygraph examinations in the State of Texas or must be a licensed examiner from another law-enforcement agency. No employee shall administer an examination to another employee. e. Refusal to submit to a polygraph examination or to answer all questions pertaining to the charges in the polygraph examination, or deliberately impede the administration of the polygraph shall be grounds for disciplinary action and may result in dismissal from the department. ADJUDICATION OF COMPLAINTS 1. The Chief of Police will classify completed internal affairs investigations or complaint determinations as: a. Sustained: The allegation is supported by sufficient evidence; b. Unfounded: The allegation is false, not factual; c. Exonerated: The incident occurred, but was lawful, reasonable and justified; d. Not Sustained: There is insufficient evidence to prove or disprove the allegation(s). (TBP: 2.04) Page 40 of 51

41 2. Completed investigations will be maintained in internal affairs files with the Chief of Police with a copy of the initial complaint notification and complaint determination letter placed on file in Power DMS. Sustained complaints shall be filed in the individual employee's department personnel file with a copy in the internal affairs files. 3. Disciplinary action taken shall be determined by the seriousness of the violation or the extent of injury to the victim, and the officer s prior disciplinary history. It shall be commensurate with the circumstances surrounding the incident and in consideration of the employee's service record and prior sustained complaints. 4. Disciplinary records (TBP: 2.09) a. The department shall maintain a log of all complaints. Complaints will be labeled by the year and the order in which they are received (e.g.; I ). b. The complaints and complete internal investigative files shall be kept in a locked file cabinet in the Chief of Police Office. Only two keys will be kept: 1) Lieutenant and 2) the Chief of Police. These files shall be maintained in accordance with state law and university policy. c. The Chief shall direct a yearly audit of complaints (due in January for the previous calendar year) to ascertain a need for training or a revision of policy. The Chief may direct an immediate audit if an employee is flagged for Intervention by Power DMS. d. The Chief shall publish an annual or other periodic summary of complaints that shall be made available to the public. Page 41 of 51

42 Texas A&M University Kingsville Police Department Personnel Complaint Date: Complainant s Full Name: Day & Date of alleged incidents(s): Location where incident occurred: Complainant s Address: Approximate time of alleged incidents(s): Telephone No: If a person was arrested print name of arrested person: Arrested person s address: Telephone No: Indicate relationship of arrested person to complainant: Name or other identifying information relating to the employee against whom the allegation(s) is/are being made: Witness or Witnesses (if any) Name of witness: Telephone No.: Address of witness: Nature of Complaint(s) - Clearly indicate the nature of your complaint. (Use reverse side of the form if more space is needed.) Page 42 of 51

43 (Nature of Complaint - cont d) Complainant Signature Witnessed By: Signature of Complainant Date: Copy Received: Complainant refused to affix signature Employee Signature Date Other (explain) Response Waived: Employee Signature Date GOVERNMENT CODE Section Complaint to be in writing and Signed by Complainant. To be considered by the head of a state agency or by the head of a fire or police department, the complaint must be: (1) in writing and (2) signed by the person making the complaint. Section Copy of Complaint to be Given to Officer or Employee. a) A copy of a signed complaint against a law enforcement officer, fire fighter or police officer shall be given to the officer or employee within a reasonable time after the complaint is filed. b) Disciplinary action may not be taken against the officer or employee unless a copy of the signed complaint is given to the officer or employee. Page 43 of 51

44 Texas A&M University-Kingsville Police Department Complaints on Officers 2017 Page 44 of 51

45 Corrective Action It is the policy of the TAMUK Police Department that any officer who, after an internal investigation, has been found guilty of engaging in racial profiling, that one of the following series of disciplinary measures is taken (as per the recommendation of the chief of police): 1. Officer is retrained in racial sensitivity issues 2. Officer is suspended and as a condition of further involvement with the police department is asked to undergo racial sensitivity training 3. Officer is terminated Data on Corrective Action The following table contains data regarding officers that have been the subject of a complaint, during the time period of January 1, 2017 through December 31, 2017, based on allegations outlining possible violations related to the Texas Racial Profiling Law. The final disposition of the case is also included. X Check above if the TAMUK police department has not received any complaints, on any members of its police force, for having violated the Texas Racial Profiling Law during the time period of January 1, December 31, Complaints Filed for Possible Violations of S.R (The Texas Racial Profiling Law) Complaint No. Alleged Violation Disposition of the Case Additional Comments: No racial profiling complaints were received for calendar year Page 45 of 51

46 Analysis Page 46 of 51

47 Analysis The data presented in this report contains information regarding University Police traffic contacts with the motoring public between January 1, 2017 and December 31, The information collected pertains to operators of motor vehicles on public roadways on University property. The data was obtained through 2010 U.S. Census information (Texas, Kleberg County, and City of Kingsville), Texas A&M University-Kingsville Institutional Research (Fall 2017 student census) and Texas A&M University-Kingsville police department traffic stop statistics. Census data contains information of all residents of a particular community, regardless of the fact that they may or may not be among the driving population. Further, census data, when used as a benchmark of comparison, presents the challenge that it captures information related to city or county residents, as well as persons affiliated with the University only. Thus, excluding individuals who may have come in contact with the Texas A&M University-Kingsville Police Department, but who do not have any ties to the University community, the City of Kingsville or even Kleberg County; and, are therefore not counted as part of the statistical comparison. This may have a tendency of inflating the overall figures; thus, providing an inaccurate representation of police contacts with the university community. This report and the purpose of the Racial Profiling Law, which requires law enforcement agencies to tabulate each traffic stop initiated by a police officer by documenting the number of motor vehicle stops and obtaining the following information: gender and race or ethnicity of the violator; whether the officer knew the ethnicity of the motorist prior to making the stop; the reason for the stop; whether a search was conducted; whether the search was consensual; reason for the search; whether contraband was found; description of the contraband; whether an arrest resulted as a consequence of the search; whether the arrest was based on violation of traffic or penal code law; the street where the violation occurred; and, whether an officer issued a citation or a warning as a result of the traffic stop, documents the required information. This report measures the number of motorists stopped for violating traffic laws and has little or no relevance to the greatest majority of the general population, who are not motor vehicle operators. When comparing the number of traffic violators who came in contact with the Texas A&M University-Kingsville Police Department during calendar year 2017 with Kleberg County, City of Kingsville and Texas A&M University-Kingsville census figures the data produced the following findings: the number of police contacts with drivers, when compared to census numbers of area residents, do not seem to be out of line with our area population. White, Hispanic, Black and Asian traffic stops seem to be evenly distributed along gender and ethnic lines. Additionally, when analyzing, in the same manner, the data relevant to individuals of Pacific Islanders, Asians and Native Americans it is evident that the Texas A&M University-Kingsville police department stopped individuals in these racial categories infrequently or not at all. Page 47 of 51