HomeMy WebLinkAbout2003-08-04 City Council (14)TO:
City of Palo Alto
City Manager’s Report
HONORABLE CITY COUNCIL
FROM:
DATE:
CITY MANAGER
AUGUST 4, 2003
DEPARTMENT:
CMR: 391:03
POLICE
SUBJECT:ANALYSIS OF SECOND, THIRD AND
POLICE DEMOGRAPHIC DATA
ENFORCEMENT CONTACTS
FOURTH QUARTER
COLLECTION ON
This is an information report. No Council action is required.
BACKGROUND
Since July 1, 2000, the Police Department has been voluntarily collecting demographic data on
all enforcement contacts. On September 10, 2001, the Police Department submitted its first
quarterly report of this data to Council. Since then two reports have been submitted
(CMR:223:02 and CMR: 186:03).
While the policy of data collection has remained in place, after the events of September 11th and
attendant re-assignment of police resources to security functions, the report was changed from a
quarterly report to a semi-annual report. Staff recently committed to returning to the original
quarterly reporting timeline.
Based upon the actual percent of contacts by ethnicity since data has been gathered, staff has
completed some comparisons with census data in surrounding counties. Additionally, when
staff reviewed the information for the second quarter of fiscal year 2002-2003, the numbers
indicated that, compared to white individuals, a disproportionate number of Hispanic and
African-American individuals were being searched by police officers. As a result, staff has
spent the last several months conducting a detailed review of not only the demographic data
collection process, but also a careful analysis of all data collected with a focus on the number
and reason for searches that have been conducted. Staff has also met with the Human Relations
Commission and conducted a meeting with members of the minority community to discuss
concerns related to the data collection results. This report provides census comparison
information, the results of the analysis on searches, a summary of the meetings, and a
description of how the Department is addressing the issue.
CMR: 391:03 Page 1 of 9
DISCUSSION
Census Comparison
When reviewing the statistical information about the number of contacts by race, it is important
to keep in mind that Palo Alto is a destination point that draws people from all over the Bay
Area and beyond. As an example, the Stanford Shopping Center Merchants Association
completed a customer profile analysis. It found that 75 percent of the Shopping Center’s
approximately 12 million annual customers came primarily from four Bay Area counties
including Santa Clara, San Mateo, San Francisco, and Alameda. It also found that seven
percent of its customers came from other Bay Area counties, six percent came from other parts
of California, primarily Southern California, seven percent came from other states, and five
percent from other countries.
In addition to Stanford Shopping Center, many people come to Palo Alto from other parts of the
Bay Area for the nightlife, Stanford University, restaurants, and other shops. Staff retrieved the
information about the city of residence of those people who were arrested during the second and
third quarters. Thirty percent were Palo Alto residents; 15 percent were East Palo Alto
residents; over five percent were Menlo Park residents; 12 percent lived in mid-Peninsula cities
including Mountain View, Sunnyvale, and Santa Clara; nine percent were San Jose residents;
six percent lived in East Bay cities including Oakland, Hayward, and Fremont among others
and over nine percent live in northern Peninsula cities including San Francisco, Daly City,
Redwood City, and San Mateo.
As a result, any comparison to ethnic census data should be done with the information from at
least the four adjacent counties. Attachment 1 provides 2000 Census data by race for the four
counties and the percentage of enforcement contacts for the three quarters.
Description of Data Collected
Demographic data has been collected from all enforcement-related contacts made by police
officers. These contacts include officer-initiated activity such as traffic stops, consensual
contacts and contacts made by officers who witness criminal activity. Data is also collected
from contacts that are a result of the officers responding to calls for service from the public such
as suspicious persons, disturbances and shoplifters placed under citizen’s arrest. When a crime
report, field interview card or citation is generated from the contact, the demographic data is
retrieved from these documents. If a document or report is not generated, the officer captures
CMR: 391:03 Page2 of 9
the demographic data on a specially designed Demographic Data Collection Card.
It is important to note that, with the exception of data obtained from arrest reports and traffic
citations, the ethnicity of each contact is usually a guess on the part of the officer. It is not the
Department’s practice, nor should it be, for officers to ask an individual his/her ethnicity. To
do so could create even more of a feeling of distrust and apprehension on the part of the
individual that is contacted.
Analysis of Search Data.
When staff reviewed the information for the second quarter of fiscal year 2002-2003, the
numbers indicated that, compared to white individuals, a disproportionate number of Hispanic
and African-American individuals were being searched by police officers. In an attempt to
better understand why individuals were searched, a manual review was conducted of all 1,482
reports for arrests involving searches made during the second, third and fourth quarters of 2002-
2003 (October 2002 - June 2003). Staff decided to review the arrest reports to determine when
and why searches were conducted. Searches included those of the person, his/her personal
belongings, and!or vehicle. It is important to initially provide some information regarding why
searches are conducted. Searches conducted prior to an arrest are based upon probable cause to
believe some criminal activity has occurred, the result of consent from the person being
searched, or probation or parole conditions. Consent searches are requested when officers have
a reasonable suspicion of criminal activity or legitimate concerns for their safety. For example,
an officer that has a subject detained for a theft investigation can ask the subject if he would
voluntarily allow the officer to search his person or vehicle for items reported stolen. Case law
has determined that it is illegal for officers to request consent searches without reasonable
suspicion of criminal activity.
Searches incident to an arrest are those conducted after an arrest has been made. Such an arrest
would include an officer witnessing a criminal violation, a citizen’ s arrest or an arrest pursuant
to a warrant. Searches are then conducted for evidence of the crime the subject has been
arrested for, such as drugs or stolen property. It is also the policy of almost every police
department, including the Palo Alto Police Department, to search individuals incident to their
arrest. Arrestees are searched to ensure that they are not carrying any weapons that may be used
against the officers prior to transporting them in a police vehicle or prior to booking the subjects
into jail. Vehicle inventories are required prior to every impound to document the exact
contents and to protect the City from false claims. A person’s belongings may be searched for
evidence of the crime being investigated or weapons when the belongings are in the possession
of the person being arrested.
CMR: 391:03 Page 3 of 9
During the last three quarters of 2002-2003, a total of 2112 arrests were made and 1727
searches were conducted. The analysis of the data determined that 85 percent of the searches
were conducted after or incident to an arrest. (See Attachment 2.)
A detailed review of the remaining 15 percent of searches occurring prior to an arrest being
made was conducted to better understand why these subjects were being searched before they
were formally arrested. Based upon the information in the police reports, 45 percent of these
searches were conducted as a result of the subjects being on probation or parole with a condition
requiring them to submit to searches. The ethnic breakdown of subjects searched as result of
being parole/probation was three Hispanics, nine Whites and 32 African-Americans. Of
these 32 probation or parole searches of African-American subjects, 87 percent resulted in
subsequent drug-related arrests.
Staff then looked closely at those searches that were conducted prior to an arrest and not
associated with probation!parole clauses. Each arrest case was evaluated for the reason or
probable cause for the initial police contact. A wide range of reasons were documented for
initial police contact including shoplifters in custody, disturbances, auto accidents, domestic
violence, officer-initiated, and Municipal Code violations. Reasons for officer-initiated contact
included traffic violations, hotel registration checks and liquor law violations. The most
common reason for officer-initiated contacts was due to traffic violations. Traffic violations
accounted for 25 percent of the 1,482 arrests resulting in searches. Given the emphasis of
traffic enforcement in Palo Alto, it is not surprising that a large number of people are stopped
for traffic violations. After a subject is stopped for a traffic violation, it is common practice for
officers to verify the driver’s license status by having dispatchers complete a computer check.
Due to the multiple databases, one computer check simultaneously queries State and Federal
computer systems. All individuals, regardless of race or ethnicity, are routinely checked for law
enforcement holds/or warrants. Other investigative leads can also be discovered during these
vehicle stops that can lead to probation and parole violations, drunk driving violations,
possession of stolen property violations, weapons charges and drug violations. Once an arrest is
made for any of these violations, subsequent search of the subject and!or the vehicle will most
likely occur.
Of the remaining 55 percent of searches occurring prior to arrest with subjects not on probation
or parole, there were three Asians, four Hispanics, 3 lWhites and 16 African-Americans. The
primary reason for the initial contact of these subjects was a combination of traffic violations
and suspicious activity. All of the subsequent searches were then based on either consent of the
subject or sufficient probable cause was developed to conduct the search. The ethnic breakdown
of these searches included the following: Asian - two consent searches and one probable cause
CMR: 391:03 Page 4 of 9
search; Hispanics - four consent searches; Whites - 22 consent searches and nine probable cause
searches; and African-Americans.- 11 consent searches and five probable cause searches. The
primary criminal violation as a result of these searches for all ethnicities was drug violations.
Summary_ of Recent Meetings
Police command staff met with the Human Relations Commission (HRC) on July 10, 2003.
While a number of topics of concern to the Commission were discussed, two quarters of data
analysis was shared with them. Constructive and positive dialogue occurred. Staff plans on
working closely with the HRC in efforts to work on information flow and community outreach.
A meeting was also held on February 23 with some members of the minority community,
command staff, and police officers. Honest and productive dialogue took place at this meeting
as well, and the community members generated some ideas that the Police Department could
pursue to assist in the rebuilding of trust efforts. These ideas included, among others, the
initiation of a hot line that would allow members of the minority community to call in their
specific experiences and concerns; and conducting a community forum, possibly in conjunction
with the HRC, on the topic of race relations. Staff intends to convene this group on a quarterly
basis.
Lessons Learned from Analysis
During the analysis process, staff has learned several things. With any data collection program,
the process by which the data is collected is key to the accuracy of the final report. During
discussions with officers, staff determined that officers were not diligently completing the Data
Collection forms. Officers were not completing the cards immediately following the contact
when other calls for service were pending and some officers did not fully understanding that
cards were necessary on all contacts, not just when a search was conducted.
Staff has learned that continual monitoring is needed to impress upon all officers the importance
of consistency and accuracy of the information. During the third quarter, not only additional
monitoring, but education occurred on a regular basis at command staff meetings, supervisor
meetings and officer briefings. As a result, fourth quarter data reveals that, while there was a
10 percent increase in the total number of contacts over the previous two quarters, only eight
additional searches were conducted. This is believed to be a direct result of officers being more
diligent in the completion of the Field Data Collection Cards, which more accurately represents
the actual number of total contacts.
CMR: 391:03 Page 5 of 9
During this review staff has identified a primary theme regarding police contacts with the
public. Contacts of all ethnicities are significantly higher as a result of proactive officer-
initiated activity such as traffic stops. Over 85 percent of the total contacts reported are a result
of self-initiated activity by the officer.
The percentage of contacts with African-American exceeds the percentage of the average 2000
census percentage of African-Americans in the four counties. While some may argue that police
officers are targeting African-Americans, without knowing what is in the minds of officers or
the circumstances that lead to the contacts, forming conclusions based upon presumptions is not
productive and does not account for a multitude of factors that may be associated with those
contacts. Staff will closely monitor this issue and engage in more conversations with officers
before definitive conclusions are made.
With the multitude of the types of contacts that the Department tracks, it has become clear that a
considerable amount of time is needed not only to collect the data, but to conduct in-depth
analysis. As an example, approximately 300 staff hours were needed to complete this most
recent analysis. While a decision could be made to follow the lead of the majority of other law
enforcement agencies who only track data associated with drivers of vehicles stopped, staff has
determined that to make a change at this point in time would not be beneficial and would result
in even more questions and distrust.
Based upon some discussions with community members during the last two months, the most
valuable lesson learned during this time is that the Police Department as an entity has lost the
trust and confidence of some citizens. While the collection of demographic data is important
and will continue, the Department must focus on actions and behaviors to regain that trust and
confidence. The following are strategies that the Department has already initiated:
¯Legal update training has been provided to all officers regarding detentions and
consent searches;
¯The Department has begun sending officers to a newly developed California
Commission on Peace Officer Standards and Training (POST) course addressing
issues on racial profiling;
¯Annual diversity training will continue, with this year’s instruction consisting of
learning and understanding the Muslim and Sikh customs and practices;
¯The Patrol Division of the Police Department has been recently restructured
using a 4/11 work schedule that ensures that sergeants work the same days as
their officers which results in more consistent supervision;
¯In those situations when members of the community report suspicious persons to
CMR: 391:03 Page 6 of 9
Police Communications, Dispatchers will ask for specific details about why the
reporting party feels the person is suspicious in attempts to ascertain whether the
reporting party believes the person is suspicious just because they are a person of
color. Officers will then contact those reporting parties to let them know the
results of the contact. The purpose of the policy is to educate community
members that a person’s skin color or ethnicity should not equate to suspicion.
¯Staff plans on hosting quarterly meetings between members of the minority
community and Police Department personnel, not only to evaluate and discuss
statistical information, but in an effort to open lines of communication; to share
real experiences, perceptions and issues facing both the community and police
officers; and to break down the barriers so that trust and confidence can be
renewed;
¯Staff will pursue ideas such as a hotline and community forum that were
generated at the recent community meeting;
¯Outreach to the entire community, especially through neighborhood associations,
will be emphasized during the year;
¯By the end of the calendar year, officers will have the capability of entering the
demographic data directly onto the screen of their vehicles’ computers instead of
filling out the cards. This will help to expedite the compiling of information.
Staff believes that the focus of future time and efforts should be placed on this trust and
¯ confidence building process. Unless it is clear that the statistical information causes significant
concern, the in-depth analysis that was completed for this report will not be conducted on a
regular basis.
RESOURCE IMPACT
An hourly employee is retained to compile the quarterly statistics at a cost of $200 per quarter.
As mentioned previously, over 300 hours of staff time have also been spent on this in-depth
analysis.
POLICY IMPLICATIONS
This policy is consistent with existing City policies.
ATTACHMENTS
CMR’s: 223:02 and 186:03
CMR: 391:03 Page 7 of 9
Attachment 1 - 2000 Census Data for Four Counties
Attachment 2 - Quarterly Data Collection Summaries, Second and Third Quarter FY 2002-03
Attachment 3 - Fourth Quarter Data
PREPARED BY:
DEPARTMENT HEAD:
ZOOK
Patro~ain
Police Chief
CITY MANAGER APPROVAL: EMI~~y ~SON
Assistant City Manager
CMR: 391:03 Page 8 of 9
City
City of Palo Alto
Manager’s Report
TO:HONORABLE CITY COUNCIL
FROM: "CITY MANAGER DEPARTMENT: POLICE
DATE:5~AY6, 2002 CS~R: 223: 02
SUBJECT:QU.4ARTERLY REPORT ON DEMOGR.&PHIC DATA
COLLECTION (PROFILING)
This is an information report. No Council action is required.
DISCUSSION
On September 10, 2001, the Police Department submitted its first quarterly report of
demo~aphic data on police contacts to Councill These reports were the result of a commitment
on the part of the Police Deparmaent to voluntarily initiate a pro~am of data collection on all
police contacts, not just car stops as many departments across the nation have done. (Ref.
CMR:145:00 and CMR:350:01)
V~rhile the policy 6f data collection has remained in place, the events of September 11tu and the
attendant re-assiNament of police resources to security functions, training and coordination of
efforts with outside County, State and Federal authorities delayed submittal of the subsequent
reports until now. The attached reports cover the f~rst and second quarters of Fiscal Year 200!-
2002.
A critical element of the Police Department’s data collection program is the analysi.s of the
collected data. A select working ~oup consisting of both comnmnity members and police
department staff will be meeting on May 8th to review and interpret the Department’s first full
year of data.
RESOURCE IM[PACT
None.
CMR:223:02 Page ! of 2
POLICY IMPLICATIONS
This policy is consistent with existing City policies.
ATTACI-13IENTS
Quarterly ,Data Collection Sunmaaries, First and Second Quarter FY 2001-02
PREPARED BY:
DEPARTMENT HEAD:
PATRICK DWYER
Chief of Police
PATRICK D~rY~~" u
Chief of Police
CITY MANAGER APPROVAL:~---~
HARRISON
Assistant City Manager
C/~qaR:223:02.Page 2 of 2
Palo Alto Police.Department
Quarterly Data Collection Summary
First Quarter Fiscal Year 2001 - 02
iTotal Reported Conta .c~
Total Adult Arrests
Ethni~ib/, , Gender ,,
Totals Asian I Black I Hispanic i Other i White Female ~Plale
4827 510 :600 8261 48.5!2406 1396~.343:1.
To~l 3~enile ~~95 ~7 28 5::~0 ~5-70
To~l Adult ~t~2~86 36~~~73=358’262 ~329 853 ~533
To~ RepoSed O~er (Adu t)*1398 86 ~5 268 ~174:63z 328 ~1070
To~t Repo~ ~- (J~enile)*65 3~9’12,4.37 12 53
~n~ as a ~ult of Dispatch~486 42 87:84.42~~129~357Calls
Con~ as a R~ult of Self Ini~at~4341 468 513 742 ~3 2175 1267
~Total RepoSed Sear~es 7S3 36 : ’170 206 ~37~30~1~:589
To~l Person Sea~h~61;35-143 138:34 26;140 472
To~l Vehicle Search~141 1~27:68:3 42 24~117
To~I No Search 4074 474 430 620 ~8.2102 !~2,2842
~arch~ as a R~ult of DiSpat~287~27 5~54:15 140~80 ~207
Sea~ ~ a R~uit of Self ~i~at~.-466 9 119.~52;22 164 84;3~2
¯ ~Other includes Field Interviews, Consensual Contacts, and Warnings on Tra~-ic Violations.
Printed 1/30/02
Paio Alto Police Department
Quarterly Data Colle ion Summa
E~nici~~ender
Totals ~ian ~Black ~Hispanic ~~her !,White Female ~Hale
;-
To~l RepoSed ~n~4571 438-593~822~477~Z281,1~:3227
To~] 3~enile ~86 6 7 20 2~51 28:58
To~l )~enile ~t~55 6 T 7 8 27 18 37
To~I Repo~ 0~er (Adult)*1!38 88:~3:212 133 482 279:859
To~l Repo~ ~er (Juv~ile)*52 1 5 10~10~26 ~5 37
Con~ as a R~ult of DispatO~438 ~ ~70:89 [3T 217 111 ~327
~h~ as a R~ult of S~f Inifia~4133!413 483 733 ~20~1~3 2900
~To~I RepoSed Searches 760 25 168:215:54~298 160~600
To~I P~on S~r~658 25,149;162 45~27?134 524
To~l Vehide ~a~102 0,.19 53 9:2~26~ 76
To~i No Sear~381!413 385 607 4~.198~1184 2627
Sear~ ~ a R~ult of Oispatch~268
Sear~ as a R~ult of Self ~ifiated 492 7 1~166 29~167 85:407
*Other includes Field Interviews, Consensual Con~c-ts, and Warnings on Traffic Violations.
Printed 1/30/02
City of Palo Alto
City Manager’s Report
TO:HONORABLE CITY COUNCIL
FROM:CITY MANAGER DEPARTMENT: POLICE
DATE:MARCH 10, 2003 CMR:186:03
SUBJECT:SEMI-ANNUAL REPORT ON DEMOGRAPHIC DATA
COLLECTION (PROFILING)
This is an information report. No Council action is required. "
DISCUSSION
On September 10, 2001, the Police Department submitted its first quarterly report of
demogaphic data on police contacts to Council. These reports were the result of a commitment
on the part of the Police Department to voluntarily initiate a progam of data collection on all
police contacts, not just car stops as many departments across the nation have done.
(CMR:145:00 and CMR:350:01)
While the policy of data collection has remained in place, the events of September ! 1 th and the
attendant reassignment of police resources to security functions, training and coordination of
efforts with outside County, State and Federal authorities delayed submittal of the subsequent
reports until now. As a result, this report will be changed from a quarterly report to a semi-
annual report. The attached reports cover the first and second quarters of Fiscal Year 2002-
2003.
During the next quarter, staff will be analyzing the information contained in this report in efforts
to determine why an apparent disproportionate percentage of blacks and Hispanics are being
searched.
RESOURCE IMPACT
[N~one.
CMR:186:03 Page 1 of 2
POLICY IMPLICATIONS
This policy is consistent with existing City policies.
ATTACHMENTS
Quarterly Data Collection Summaries, First and Second Quarter FY 2002-03
PREPARED BY:
DEPARTMENT HEAD:
BRAD ZOOK
Police Captain
Chief of Police
CITY MANAGER APPROV __. _,~_,_ _ _
EMILY HARRISON
Assistant City Manager
CMR:186:03 Page 2 of 2
ATTACHMENT
Paio Alto Police Department
uarterl’ Data Collection
Total Reported ContacL~
Total Adult Arr~-~
Total Juvenile Arrests
Total Adult Cites
Total 3uvenite Cites
Total Reported Other (Adult)*
Total Reported Other (Juvenile)’~
Contacts as a Result of Dispatched Calls
Contac-G as a Result ~f Self Initiated ’
Activity,
Total Reported Searches
Total Person Searches
Total Vehid= Searches
Total No Search
Searches as a Result of Dispatched Calls
Search~ as a Result of Self initiated’
Activ tv
Totals
3776
605
69
2398
53
613
38
300
3203
540
497
43
3236
234
306
A~ian
’i
462 !
3781
7~
424~
Ethnicity
Black Hispanic
6olI
160i 132!~
~;12i 13::
!27i 322~
!!2i I!81
!~.32i136!
1281 !!3i
432!284i
21i 461
~901
Other
405
White
11.888
46i 235
4i 37
258i 1313
4i 34
I86i 257
71 12
30}123
354!1625
50i !92
46~;183
9
!696
asi
25 !99
Female
1169
83!51
Gender
124
19
865
21
132
8
79
1027
116
i05
!!
I053
65
Male
2607
481
50
1533
32
481
3O
221
2176
424
392
32
2183
169
255
TOther indudes Field interviews, Consensual Contacts, and Warnings on Traffqc Violations.
Printed 11/18/2002
ATTACHMENT B
Palo Alto Police Department
quarterly Data Collection Summary
Ethnicity Gender
Totals Asian Black Hispanic Other White Female Hale
Total Reported Contacts 2994 2951 372 47:~299}:tSS7 965 2029
Total Adult Arres~582 26i 153i 109i 53i 241 143 43£
Total Juvenile Arrests 91 4i 17i 2i 48 17 74
Totat Adult Cit~1474 192i 107i 2!51 !66i 794 ~42 932
Total Juvenile Cites 66 31 3!8!5i 47 18 48
Total Repo~ted Other (Adult)=740 671 871 !181 7!i 397 226 514
Total Reported Other (Jwenile)=4!B!2i 4i 2i 30 19 22
Con~"Es ash R~u,~ of Dispatched Calls 400 24i 78i 91i 27i 180 100 300
CorticEs as a Result of Self Initiated
AL-tivitv 2592 271 i 2941 380i 272i 1375 865 1727
Total Reported Searches 557 28i 1481 102!43i 236 139 418
Total Vehicle Searches 47 2i 4!171 6{’18 13 34
Total No Search 2437 267i 224~369i 2561 1321 826 1611
Searches as a Result of Self initiated ~"~
~O~er includes Field Interviews, Consensual Contacts, and Warnings on Traffic Violaaons.
Printed 01/14/2003
ATTACHMENT 1
2000 CENSUS DATA BY COUNTY
SAN FRANCISCO
SAN MATEO
SANTA CLARA
TOTAL PAPD
ENFORCEMENT
CONTACTS FOR
THREE
QUARTERS
WHITE HISPANIC ASIAN
48.8%
43.6%
49.8%
44.2%
51.2%
19%
14.1%
21.9%
24%
14.7%
AFRICAN-
AMERICAN
14.9%
7.8%
3.5%
2.8%
12%
20.4%
30.8%
20%
25.6%
10.7%
0
0