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19-R-23 2018 Racial Profiling ReportRESOLUTION NO. 19 -R -23 A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AUTHORIZING THE ACCEPTANCE OF THE 2018 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 "2018 Racial Profiling Report"); WHEREAS, the Chief of Police of the City of Schertz (the "City ") submitted the 2018 Racial Profiling Report to the City; WHEREAS, the Chief of Police and City staff recommend that the City accept the 2018 Racial Profiling Report; and WHEREAS, the City Council has determined that it is in the best interest of the City to accept the 2018 Racial Profiling Report. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS THAT: Section 1. The City Council hereby accepts the 2018 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resolutions, or parts thereof, which are in conflict or inconsistent with any provision of this Resolution are hereby repealed to the extent of such conflict, and the provisions of this Resolution shall be and remain controlling as to the matters resolved herein.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 26th day of February 2019. ATTEST: 50506221.1 CITY OF SCHERTZ, Mayor Pro -Tepi, AA)llis6n Heyward -2- Schertz Police Department Annual Racial Profiling Report Race or Ethnicity African 2018 14.4% Result of Stop 189 2.2% Verbal Warning 0 0.0 % Written Warning 3174 37.0% Citations Only 5312 62.0% Arrest Only 0 0.0% Citations & Arrests 55 0.6% Warning & Arrest 27 0.3% Total 8568 Gender 215 2.5% Male 5057 59.0% Female 3484 40.7% Unknown 27 0.3% Race or Ethnicity African 1236 14.4% Asian 189 2.2% Caucasian 5595 65.3% Hispanic 1488 17.4% Middle Eastern 0 0.0% Native American 24 0.3% Other 0 0.0% Unknown 0 0.0% Race known prior to stop Yes 215 2.5% No 8353 97.5% Reason for Stop Violation of law 192 2.2% Preexisting knowledge 275 3.2% Moving traffic violation 5436 63.4% Vehicle traffic violation 2665 31.1% Location of Stop City street 5481. 64.0% US highway 1652 19.3% County road 1431 16.7% State highway 0 0.0 % Private porperty or other 4 0.0% Seach conducted Yes 305 3.6% No 8263 96.4% Reason for Search Consent 32 10.5% Contraband in plain view 10 3.3% Probably cause 217 71.1% Inventory 10 3.3% Incident to arrest 38 12.5% Was contraband discovered 29 13.5% Yes 215 70.5% No 90 29.5% Discription of contraband Drugs 183 85.1% Currency 2 0.9% Weapons 1 0.5% Alcohol 0 0.0% Stolen property 0 0.0% other 29 13.5% Arrests 8565 111 Arrests based on Violation of Penal Code 42 37.8% Violation of Traffic Law 0 0.0% Violation of City Ordinance 0 0.0 % Outstanding Warrant 69 62.2% Physical Force w /Injury Used Yes 3 0.0% No 8565 100.0% February 1, 2019 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 • FAY: (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. Our data of detained compared to the demographics of our city are proportionate. The following statistics represents 96% of our population and 97% of the total detained. Detained Population* Black 14.4% 9% Hispanic 17.4% 26% White 65.3% 61% 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 were no complaints from traffic stops alleging that a Schertz Police Officer engaged in racial profiling during this reporting period. When reviewing the annual comparisons you will see that our data remains consistent from year to year. This year, there were additional fields added and some changed by legislation. 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. Michael R. Hansen, Chief of Police * Demographic data is from the 2012 census report 2