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21-R-16 - 2020 Racial Profiling ReportRESOLUTION NO. 21 -R -16 A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AUTHORIZING THE ACCEPTANCE OF THE 2020 RACIAL PROFILING REPORT, AND OTHER MATTERS IN CONNECTION THEREWITH WHEREAS, Article 2.134 of the Texas Code of Criminal Procedure, as amended, requires the chief administrator of a law enforcement agency to submit an annual report to the governing body of the municipality served that contains data obtained on traffic stops during the previous calendar year, including an analysis of both the number of motor vehicle stops and the disposition of such cases based on the race or ethnicity of the affected persons (the "2020 Racial Profiling Report"); WHEREAS, the Chief of Police of the City of Schertz (the "City ") submitted the 2020 Racial Profiling Report to the City; WHEREAS, the Chief of Police and City staff recommend that the City accept the 2020 Racial Profiling Report; and WHEREAS, the City Council has determined that it is in the best interest of the City to accept the 2020 Racial Profiling Report. THAT: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS Section 1. The City Council hereby accepts the 2020 Racial Profiling Report. Section 2. The recitals contained in the preamble hereof are hereby found to be true, and such recitals are hereby made a part of this Resolution for all purposes and are adopted as a part of the judgment and findings of the City Council. Section 3. All resolutions, or parts thereof, which are in conflict or inconsistent with any provision of this Resolution are hereby repealed to the extent of such conflict, and the provisions of this Resolution shall be and remain controlling as to the matters resolved herein. Section 4. This Resolution shall be construed and enforced in accordance with the laws of the State of Texas and the United States of America. Section 5. If any provision of this Resolution or the application thereof to any person or circumstance shall be held to be invalid, the remainder of this Resolution and the application of such provision to other persons and circumstances shall nevertheless be valid, and the City Council hereby declares that this Resolution would have been enacted without such invalid provision. Section 6. It is officially found, determined, and declared that the meeting at which this Resolution is adopted was open to the public and public notice of the time, place, and subject matter of the public business to be considered at such meeting, including this Resolution, was given, all as required by Chapter 551, Texas Government Code, as amended. Section 7. This Resolution shall be in force and effect from and after its final passage, and it is so resolved. PASSED AND ADOPTED, this 23 day of February 2021. CITY OF SCHERTZ, TEXAS - Agz-- Ra Vltie& Mayor ATTEST: � r City Secretary, Brenda Dennis 50506221.1 - 2 - c��HER �`�► POLICE TEXAS February 5, 2021 City Council City of Schertz Re: Annual Racial Profiling Report SCHERTZ POLICE DEPARTMENT MICHAEL R. HANSEN, CHIEF OF POLICE 1400 SCHERTZ PARKWAY BLDG 6 • SCHERTZ, TExAS 78154 OFFICE: 210 -619 -1213 • FAX: (210) 619 -1220 MHANSEN@SCHERTZ.COM In accordance with the Texas Code of Criminal Procedure Article 2.134 the attached compilation of traffic stop information is submitted. The required report must include the race or ethnicity of the individual detained, whether a search was conducted, if the individual detained consented to the search and if the officer was aware of the race or ethnicity of the individual before the stop was conducted. Although Legislation does not offer any details concerning the evaluation of the data, over the past few years it has become commonly considered acceptable if the diversity of the data is somewhat similar to that of the demographics of the jurisdiction. Detained Population* Black 16% 12% Hispanic 21% 29% White 60% 70% In addition to the statistical report, it must also provide information relating to each complaint filed with the agency alleging that an officer engaged in racial profiling. There was one internal investigation initiated from a traffic stop that did result in a finding of justified use of force. However, there were no complaints alleging officers engaged in racial profiling. The law specifically states that data collected as a result of the reporting requirements shall not constitute prima facie evidence of racial profiling. In fact, I believe the data supports the recognition that the Schertz Police Department continues to ethically and impartially enforce the laws and ordinances for which we are responsible. United in a spirit of teamwork, the Schertz Police Department, as a regional leader and in partnership with the Community, is devoted to excellence in innovative and proactive public service and safety while contributing to an exceptional quality of life. F-ff'I-rIO4W Michael R. Hansen, Chief of Police " Demographic data is from the 2019 census report 5 year estimate data profiles Racial Profiling Report I Full Report Agency Name: Reporting Date: TCOLE Agency Number: Chief Administrator: Agency Contact Information: Phone: Email: Mailing Address: This Agency filed a full report. Schertz Police Department February / 2021 187203 Michael Hansen 210- 619 -1200 mhansen @schertz.com 1400 Schertz Parkway Building 6 Schertz, Texas 78154 Schertz Police Department has adopted a detailed written policy on racial profiling. Our policy: (1) clearly defines acts constituting racial profiling; (2) strictly prohibits peace officers employed by the Schertz Police Department from engaging in racial profiling; (3) implements a process by which an individual may file a complaint with the Schertz Police Department if the individual believes that a peace officer employed by the Schertz Police Department has engaged in racial profiling with respect to the individual; (4) provides public education relating to the Schertz Police Department's compliment and complaint process, including providing the telephone number, mailing address, and email address to make a compliment or complaint with respect to each ticket, citation, or warning issued by a peace officer; (5) requires appropriate corrective action to be taken against a peace officer employed by the Schertz Police Department who, after an investigation, is shown to have engaged in racial profiling in violation of the Schertz Police Department's policy adopted under this article; (6) requires 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; (c) whether the peace officer knew the race or ethnicity of the individual detained before detaining that individual; and (d) whether the peace officer used physical force that resulted in bodily injury, as that term is defined by Section 1.07, Penal Code, during the stop; (e) the location of the stop; and (f) the reason for the stop; and (7) requires 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. Executed by: Michael Hansen Chief Administrator Schertz Police Department Date: * */* */2021 Schertz Police Department Racial Profiling Information Total stops: 6,854 Gender Female: 2,611 Alaska Native /American Indian: 5 Asian /Pacific Islander: 68 Black: 405 Hispanic /Latino: 461 White: 1,672 Male: 4,243 Alaska Native /American Indian: 27 Asian /Pacific Islander: 73 Black: 703 Hispanic /Latino: 1,009 White: 2,431 Race or ethnicity Alaska Native /American Indian: 32 Asian /Pacific Islander: 141 Black: 1,108 Hispanic /Latino: 1,470 White: 4,103 Was race or ethnicity known prior to stop Yes: 81 No: 6,773 Reason for stop? Violation of law: 186 Alaska Native /American Indian: 1 Asian /Pacific Islander: 3 Black: 29 Hispanic /Latino: 52 White: 101 Preexisting knowledge: 61 Alaska Native /American Indian: 1 Asian /Pacific Islander: 0 Black: 9 Hispanic /Latino: 10 White: 41 Moving traffic violation: 5,436 Alaska Native /American Indian: 25 Asian /Pacific Islander: 121 Black: 847 Hispanic /Latino: 1,135 White: 3,308 Vehicle traffic violation: 1,171 Alaska Native /American Indian: 5 Asian /Pacific Islander: 17 Black: 223 Hispanic /Latino: 273 White: 653 Street address or approximate location of the stop City street: 4,740 US highway: 1,342 County road: 284 State highway: 436 Private property or other: 52 Was a search conducted Yes: 271 Alaska Native /American Indian: 0 Asian /Pacific Islander: 3 Black: 68 Hispanic /Latino: 89 White: 111 No: 6,583 Alaska Native /American Indian: 32 Asian /Pacific Islander: 138 Black: 1,040 Hispanic /Latino: 1,381 White: 3,992 Reason for Search Consent: 26 Alaska Native /American Indian: 0 Asian /Pacific Islander: 0 Black: 2 Hispanic /Latino: 7 White: 17 Contraband in plain view: 3 Alaska Native /American Indian: 0 Asian /Pacific Islander: 0 Black: 0 Hispanic /Latino: 2 White: 1 Probable cause: 210 Alaska Native /American Indian: 0 Asian /Pacific Islander: 3 Black: 61 Hispanic /Latino: 70 White: 76 Inventory: 18 Alaska Native /American Indian: 0 Asian /Pacific Islander: 0 Black: 5 Hispanic /Latino: 8 White: 5 Incident to arrest: 14 Alaska Native /American Indian: 0 Asian /Pacific Islander: 0 Black: 0 Hispanic /Latino: 2 White: 12 No Search: 6,583 Alaska Native /American Indian: 32 Asian /Pacific Islander: 138 Black: 1,040 Hispanic /Latino: 1,381 White: 3,992 Was Contraband discovered Yes: 219 Alaska Native /American Indian: 0 Asian /Pacific Islander: 3 Black: 55 Hispanic /Latino: 79 White: 82 No: 52 Alaska Native /American Indian: 0 Asian /Pacific Islander: 0 Black: 13 Hispanic /Latino: 10 White: 29 Description of contraband Drugs: 198 Alaska Native /American Indian: 0 Asian /Pacific Islander: 3 Black: 54 Hispanic /Latino: 69 White: 72 Currency: 7 Alaska Native /American Indian: 0 Asian /Pacific Islander: 0 Black: 1 Hispanic /Latino: 5 White: 1 Weapons: 8 Alaska Native /American Indian: 0 Asian /Pacific Islander: 0 Black: 1 Hispanic /Latino: 3 White: 4 Alcohol: 19 Alaska Native /American Indian: 0 Asian /Pacific Islander: 0 Black: 4 Hispanic /Latino: 6 White: 9 Stolen property: 2 Alaska Native /American Indian: 0 Asian /Pacific Islander: 0 Black: 0 Hispanic /Latino: 1 White: 1 Other: 11 Alaska Native /American Indian: 0 Asian /Pacific Islander: 0 Black: 1 Hispanic /Latino: 6 White: 4 Result of the stop Written warning: 2,912 Alaska Native /American Indian: 19 Asian /Pacific Islander: 53 Black: 506 Hispanic /Latino: 650 White: 1,684 Citation: 3,856 Alaska Native /American Indian: 13 Asian /Pacific Islander: 88 Black: 590 Hispanic /Latino: 790 White: 2,375 Written warning and arrest: 52 Alaska Native /American Indian: 0 Asian /Pacific Islander: 0 Black: 6 Hispanic /Latino: 21 White: 25 Citation and arrest: 34 Alaska Native /American Indian: 0 Asian /Pacific Islander: 0 Black: 6 Hispanic /Latino: 9 White: 19 Arrest Total: 86 Arrest based on Violation of Penal Code: 64 Alaska Native /American Indian: 0 Asian /Pacific Islander: 0 Black: 7 Hispanic /Latino: 23 White: 34 Violation of Traffic Law: 1 Alaska Native /American Indian: 0 Asian /Pacific Islander: 0 Black: 0 Hispanic /Latino: 1 White: 0 Outstanding Warrant: 21 Alaska Native /American Indian: 0 Asian /Pacific Islander: 0 Black: 5 Hispanic /Latino: 6 White: 10 Was physical force resulting in bodily injury used during stop? Yes: 7 Alaska Native /American Indian: 0 Asian /Pacific Islander: 0 Black: 1 Hispanic /Latino: 0 White: 6 No: 6,847 Alaska Native /American Indian: 32 Asian /Pacific Islander: 141 Black: 1,107 Hispanic /Latino: 1,470 White: 4,097 Was Arrest Due to Contraband Found? Yes 1 Alaska Native /American Indian: 0 Asian /Pacific Islander: 0 Black: 1 Hispanic /Latino: 0 White: 0 No 63 Alaska Native /American Indian: 0 Asian /Pacific Islander: 0 Black: 0 Hispanic /Latino: 26 White: 30 R N aR N^ �N O 16 IV GS �O< 6 0O 0 O C�m A C �� , pQb N � 6 O�G. O b; d�MO YOY NNOr rN0 `bF OMOO SE S4 3Q de mN; O iD m< M 0 0 9z mO6 d°+i EE A° Nj rNmQr e�i m n <4�' O ro me m.3 (mV a�:p eMrmm m�O N4 I m 0.¢4+v am. vmf'°Nmoe I °eO �mp rm ems' moo oa No o `Q� cmim%I�m:�- mrm R ci! 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