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20-R-20 - 2019 Racial Profiling ReportRESOLUTION NO. 20 -R -20 A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AUTHORIZING THE ACCEPTANCE OF THE 2019 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 "2019 Racial Profiling Report"); WHEREAS, the Chief of Police of the City of Schertz (the "City ") submitted the 2019 Racial Profiling Report to the City; WHEREAS, the Chief of Police and City staff recommend that the City accept the 2019 Racial Profiling Report; and WHEREAS, the City Council has determined that it is in the best interest of the City to accept the 2019 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 2019 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resolutions, or parts thereof, which are in conflict or inconsistent with any provision of this Resolution are hereby repealed to the extent of such conflict, and the provisions of this Resolution shall be and remain controlling as to the matters resolved herein.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 25th day of February, 2020. ATTEST: City Secretary, Brenda Dennis CITY OF SCHERTZ, TEXAS - e Ra h uti z, Mayor -2- 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 / 2020 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: 02/06/2020 Schertz Police Department Racial Profiling Information Total stops: 9,485 Gender Female: 3,826 Male: 5,655 Unknown: 4 Race or ethnicity Alaska Native /American Indian: 27 Asian /Pacific Islander: 209 Black: 1,440 Hispanic /Latino: 1,861 White: 5,945 Other: 3 Was race or ethnicity known prior to stop Yes: 174 No: 9,311 Reason for stop? Violation of law: 278 Preexisting knowledge: 94 Moving traffic violation: 7,007 Vehicle traffic violation: 2,106 Street address or approximate location of the stop City street: 6,702 US highway: 1,546 County road: 528 State highway: 607 Private property or other: 102 Was a search conducted Yes: 341 No: 9,144 Reason for Search Consent: 39 Contraband in plain view: 8 Probable cause: 246 Inventory: 22 Incident to arrest: 26 Was Contraband discovered Yes: 278 No: 63 Description of contraband Drugs: 233 Currency: 5 Weapons: 4 Alcohol: 25 Stolen property: 9 Other: 35 Result of the stop Verbal warning: 0 Written warning: 4,027 Citation: 5,348 Written warning and arrest: 46 Citation and arrest: 64 Arrest Total: 110 Arrest based on Violation of Penal Code: 62 Violation of Traffic Law: 3 Violation of City Ordinance: 0 Outstanding Warrant: 45 Was physical force resulting in bodily injury used during stop Yes: 29 No: 9,456 Schertz Police Department Annual Racial Profiling Report Race or Ethnicity Black 2019 15.2% Result of Stop 209 2.2% Verbal Warning 0 0.0% Written Warning 4027 42.5% Citations Only 5348 56.4% Arrest Only 0 0.0% Citations & Arrests 64 0.7% Warning & Arrest 46 0.5% Total 9485 Gender 174 1.8% Male 5655 59.6% Female 3826 40.3% Unknown 4 0.0% Race or Ethnicity Black 1440 15.2% Asian 209 2.2% White 5945 62.7% Hispanic 1861 19.6% Middle Eastern 0 0.0% Native American 27 0.3% Other 3 0.0% Unknown 0 0.0% Race known prior to stop Yes 174 1.8% No 9311 98.2% Reason for Stop Violation of law 278 2.9% Preexisting knowledge 94 1.0% Moving traffic violation 7007 73.9% Vehicle traffic violation 2106 22.2% Location of Stop City street 6702 70.7% US highway 1546 16.3% County road 528 5.6% State highway 607 6.4% Private porperty or other 102 1.1% Seach conducted Yes 341 3.6% No 9144 96.4% Reason for Search Consent 39 11.4% Contraband in plain view 8 2.3% Probably cause 246 72.1% Inventory 22 6.5% Incident to arrest 26 7.6% Was contraband discovered Yes 278 81.5% No 63 18.5% Discription of contraband Drugs 233 83.8% Currency 5 1.8% Weapons 4 1.4% Alcohol 25 9.0% Stolen property 9 3.2% other 35 12.6% Arrests 110 Arrests based on Violation of Penal Code 62 56.4% Violation of Traffic Law 3 2.7% Violation of City Ordinance 0 0.0% Outstanding Warrant 45 40.9% Physical Force w /Injury Used Yes 29 0.3% No 9456 99.7% 2013 2104 Result of Stop Verbal Warning Written Warning Citations Only 14710 99.3% 10710 99.0% Arrest Only 30 0.2% 34 0.3% Citations & Arrests 73 0.5% 74 0.7% Warning & Arrest Total 14816 10818 Gender Male Female Unknown Race or Ethnicity African American 1630 11.0% 1204 11.1% Asian 223 1.5% 184 1.7% Caucasian 9568 64.6% 6737 62.3% Hispanic 3335 22.5% 2631 24.3% Middle Eastern 31 0.2% 50 0.5% Native American 15 0.1% 12 0.1% Other 14 0.1% 0 0.0% Unknown 0 0.0% 0 0.0% Race known prior to stop Yes 977 6.6% 370 3.4% No 13839 93.4% 10448 96.6% Reason for Stop Violation of law Preexisting knowledge Moving traffic violation Vehicle traffic violation Location of Stop City street US highway County road State highway Private porperty or other Seach conducted Yes 380 2.6% 433 4.0% No 14436 97.4% 10385 96.0% Search consented Yes No Reason for Search Consent Contraband in plain view Probably cause Inventory Incident to arrest Was contraband discovered Yes No Discription of contraband Drugs Currency Weapons Alcohol Stolen property other Arrests Arrests based on Violation of Penal Code Violation of Traffic Law Violation of City Ordinance Outstanding Warrant Physical Force w /Injury Used Yes No 87 22.9% 79 18.2% 293 77.1% 354 81.8% 2015 2016 20 8003 98.7% 6431 98.4% 4766 48 0.6% 32 0.5% 35 56 0.7% 72 1.1% 69 8107 6536 4870 1042 12.9% 840 12.9% 673 128 1.6% 132 2.0% 95 4929 60.8% 4234 64.8% 3434 1976 24.4% 1301 19.9% 646 8 0.1% 18 0.3% 9 24 0.3% 10 0.2% 13 0 0.0% 0 0.0% 0 0 0.0% 0 0.0% 0 329 4.1% 204 3.1% 144 7778 95.9% 6331 96.9% 4726 341 4.2% 317 4.9% 290 7766 95.8% 6218 95.1% 4580 53 15.5% 25 7.9% 19 288 84.5% 292 92.1% 271 17 2018 2019 0 0.0% 3174 37.0% 97.9% 5312 62.0% 0.7% 0 0.0% 1.4% 55 0.6% 27 85681 0.3 % 50571 59.0% 3484 40.7% 271 0.3% 13.8% 1236 14.4% 2.0% 189 2.2% 70.5% 5595 65.3% 13.3% 1488 17.4% 0.2% 0 0.0% 0.3% 24 0.3% 0.0% 0 0.0% 0.0% 0 0.0% 3.0% 1 2151 2.5% 97.0% 1 83531 97.5% 192 2.2% 275 3.2 % 5436 2665 63.4% 31.1% 54811 64.0 % 1652 19.3% 1431 16.7 %� 0 0.0% 4 0.0% 6.0% 305 3.6% 94.0% 8263 96.4% 0 0.0% 4027 42.5% 5348 56.4% 0 0.0% 64 0.7% 46 0.5 % 9485 5655 59.6% 3826 40.3% 4 0.0% 14401 15.2% 209 2.2% 5945 62.7 % 1861 19.6% 0 0.0% 27 0.3% 3 0.0% 0 0.0% 174 1.8% 9311 98.2% 278 2.9% 94 1.0%1 7007 73.9% 2106 22.2% 6702 70.7% 1546 16.3% 528 5.6% 607 6.4% 102 1.1% 341 3.6% 9144 96.4% 6.6% 93.4% included below 10.5% 32 10 3.3% 217 71.1% 10 3.3% 38 12.5% 26 7.6% 215 70.5% 90 29.5% 63 18.5% 183 85.1% 2 0.9% 1 0.5% 0 0.0% 01 0.0% 29 13.5% 35 12.6% 111 110 42 37.8% 0 0.0% 0 0.0% 69 62.2% 45 40.9% 3 0.0% 8565 100.0% included below 39 11.4% 8 2.3%1 246 7 2. 1 % 22 6.5%1 26 7.6% 278 81.5% 63 18.5% 233 83.8% 5 1.8% 4 1.4% 25 9.0% 9 3.2% 35 12.6% 110 621 56.4% 3 2.7% 0 0.0% 45 40.9% 291 0.3 % 94561 99.7% February 24, 2020 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. 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 15.2% 9% Hispanic 19.6% 26% White 62.7% 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