Hugoton Police Department

Policy on Racial Profiling

 

Racial Profiling

Purpose: The purpose of this policy is to unequivocally state that racial profiling in law enforcement is totally unacceptable, to provide guidelines for officers to prevent such occurrences, and to protect our officers when they act within the dictates of the law and policy from unwarranted accusations.

Policy: It is the policy of this department to police in a proactive manner and to aggressively investigate suspicious persons and circumstances. In addition, it is the policy of the agency to actively enforce the motor vehicle laws, while insisting that citizens will only be stopped or detained when the exists reasonable suspicion of belief that they have committed, are committing, or are about to commit, an infraction of the law. The enforcement of these laws will be done in a responsible and professional manner, without regard to race, ethnicity, or national origin. Officers are strictly prohibited from engaging in racial profiling as defined in this policy. This policy is applicable to all persons.

Complaint Investigation:

 

The department shall accept complaints from any person who believes he or

She has been stopped or searched based on racial profiling. No person shall be discouraged, intimidated or coerced from filing a complaint, nor discriminated against because he or she filed such a complaint.

Allegations of racial profiling shall be investigated according to departmental

procedures.

If a racial profiling complaint is sustained against an officer, it will result in

appropriate corrective and/or disciplinary action.

If there is a departmental video or audio recording of the events upon which a

complaint of racial profiling is based, upon commencement of an investigation by the 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.

Public Education:

This department may inform the public of its policy against racial profiling and the complaint process. Methods that may be utilized to inform the public are the news media, radio, service or civil presentation from employees, Internet, including the department’s web page.

Kansas Statutory Guidelines:

22-4604. Collection of information on law enforcement arrests and stops; request for proposal; study results. (a) The governor, with the assistance of the attorney’ general and the Kansas law enforcement training commission, shall develop a request for a proposal for a system to collect and report statistics relating to the race, ethnicity, gender, age, and residency by county and state of those who come in contact with law enforcement activities.

(b) Proposals submitted pursuant to the request shall contain, at a minimum:

(1) A system to collect data on a statistically significant sample of those persons who:

(A) Are arrested;

(B) while operating a motor vehicle, are stopped by a law enforcement officer; and

(C) while a pedestrian, are stopped by a law enforcement officer;

(2) which contains the race, ethnicity, gender, age and residency by county or state of such persons;

(3) which has a schedule and plan of implementation, including training;

(4) other factors which may be relevant to law enforcement officers in stopping or arresting individuals;

(5) civilian complaints received by law enforcement agencies alleging bias based on race, ethnicity, gender, age or residency by county or state, and

(6) a survey of policies of law enforcement agencies relating to the investigation of complaints based on alleged race, ethnicity, gender, age, or residency bias.

(c) Data acquired pursuant to this proposal shall not contain any information that may reveal the identity of any individual.

(d) The governor, with the assistance of the attorney general, shall select the most comprehensive proposal and implement such proposal, subject to the availability of any grant or grants for such purpose from the United States department of justice or any other governmental or private agency.

(e) The results of such study shall be submitted to the governor and attorney general within 90 days after conclusion of such study. The governor shall submit the study to the legislature with one or more of the following:

(1) An evaluation of the study;

(2) an implementation plan to extend the data collection and reporting system to other law enforcement agencies and whether such system should be made permanent; and

(3) recommendations to improve law enforcement training and operations to address racial, ethnic, gender, age or residency bias.

Use of Video and Audio Equipment: (is recommended, if available)

Documentation of required data:

Officers of the Hugoton Police Department shall document the required information pertaining to K.S.A. 22-4604 whenever the following occurs:

Traffic Stop. Information pertaining to the driver is all that is required.

2. Terry Stop. Defined as an individual/pedestrian who is being detained for the

purpose of a criminal investigation in which the individual is not under arrest.

This does not include a consensual encounter with a pedestrian who is free to

Leave at any time.

Officers need not collect the required information pertaining to those persons

detained in regard to an investigation relating to an incident in which a citizen

has reported that is not traffic related.

 

Officers shall document the required information on one of the following written reports:

Notice to Appear

Written Warning

Field Contact Sheet

 

 

 

 

 

 

 

 

 

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Copyright © 2004 Hugoton Police Department
Last modified: July 13, 2006