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HomeMy WebLinkAbout2000-11-27 City Council (7)TO: FROM: DATE: SUBJECT: City of Palo Alto C ty Manager’s Report HONORABLE CITY COUNCIL CITY MANAGER DEPARTMENT:POLICE 3 NOVEMBER 27, 2000 CMR:429:00 ADOPTION OF A RESOLUTION AND APPROVAL OF AN AGREEMENT WITH CALIFORNIA HIGHWAY PATROL FOR COLLECTION AND REPORTING OF PUBLIC CONTACT DEMOGRAPHIC DATA COLLECTION (RACIAL PROFILING) RECOMMENDATIONS Staff recommends that the City Council adopt the attached resolution and approve the attached agreement with the California Highway Patrol (CHP) for collection and reporting of public contact demographic data. BACKGROUND In September 1999, Governor Davis directed the CHP to begin a three-year project to analyze Public Contact Demographic Data. Law enforcement agencies throughout the state were invited to submit similar local data to the CHP for inclusion in its annual reports. Governor Davis allocated $5 million in the State’s 2000-01 budget to provide grants to local law enforcement agencies to assist with the costs of collecting the data. In February 2000, the Police Department announced that it would voluntarily begin collecting demographic data on traffic stops and other public contacts between police officers and citizens (CMR: 145:00). DISCUSSION Agreement The attached three-year agreement with the California Highway Patrol requires the Police Department to submit public contact demographic data in five categories on an annual basis, beginning in April 2001 (Attachment A). The categories of data to be collected for all traffic CMR:429:00 Page 1 of 3 stops initiated by police officers include age, race, gender, the result of contact and whether a vehicle search was conducted. Due to the costs associated with collecting and reporting this data, the State will provide funding in the amount of $10,000 to help defray those costs. A requirement of the agreement is the adoption of a resolution by the Council (Attachment B). Palo Alto’s Data Collection Beginning on July 1, 2000, the Police Department began voluntarily gathering demographic data. In addition to the information required by the CHP associated with traffic stops, Palo Alto is one of the only agencies in the country that is also capturing the information on all arrests, citations, and field interviews. The ability to capture, record, and track this information has been complicated and required considerable effort. Staff had intended to provide the Council with first quarter statistics by the end of the year. However, due to the amount of information being collected, the number of different source documents, the difficulty in presenting the information in an easily understandable format and the software changes needed to the Department’s Computer Aided Dispatch and Records Management Systems to record and report the information, staff will not be able to provide the information until early in 2001. Information is obtained from traffic citations/warnings, field interview cards, arrest reports and public contact cards that officers fill out when they make contact, but when citations, arrest reports or field interview cards are not written, numbers from the public contacts cards must be manually entered into the RMS. The attached matrix is the report format that staff will be using for quarterly reporting. In order to provide accurate data, it is important that the contacts are counted only once. For example, if a person is stopped for a vehicle code violation and ends up being arrested, that contact must be counted only once under the "arrest" category. If the person is not arrested, but ?eceives a citation, they should be counted only in the citation category. Because this procedure is so new for officers, all the information is being double-checked to ensure accurate reporting. RESOURCE IMPACT Under the terms of this agreement, the CHP will reimburse the City $10,000. Adjustments will be made to the Police Department’s expenditure and revenue accounts in the mid-year report. POLICY IMPLICATIONS This agreement is consistent with City Policy. CMR:429:00 Page 2 of 3 ENVIRONMENTAL ASSESSMENT This is not a project under California Environmental Quality Act and environmental review is not required. ATTACHMENTS Attachment A: Attachment B: CMR: 145:00 Matrix Agreement Resolution PREPARED BY: Lynne ~Johnson, Assistant Police Chief DEPARTMENT HEAD: PAT~Rf~)~OLICE CITY MANAGER APPROVAL: HARRISON, ASSISTANT CITY MANAGER CMR:429:00 Page 3 of 3 STATE OF CALIFORNIA STANDARD AGREEMENT-- APPROVED BY THE ATTORNEY GENERAL STD. 2 (REV 9-93) (Automated) THIS AGREEMENT, made and entered into this I st day of November 2000 CONTRACT NUMBER tAM. NO. 00-C5440 I 0TAXPAYER’S FEDERAL EMPLOYER IDENTIFICATION NUMBER in the State of California, by and between the State of California, through its duly elected or appointed, qualified and acting TITLE OF OFFICER ACTING FOR STATE AGENCY Admin Services Officer Department of California Highway Patrol , hereinafter called the State, andCONTRACTOR’S NAME City of Palo Alto, PaiD Alto Police Department (650) 329-2115 , hi:reinafter called the Contractor, WITNESSETH: That the Contractor for and in consideration of the covenants, conditions, agreements, and stipulations of the State hereinafter expressed, does hereby agree to furnish to the State services and materials as follows: (Set forth service to be rendered by Contractor, amount to be paid Contractor, time for performance or completion, and attach plans and specifications, if any.) cgt Contractor hereby agrees.to all terms; conditions and specifications as provided on the attached pages, all of which by reference are made a part hereof. ’ (CONTINUED ON 14 SHEETS) The provisions on the reverse side hereof constitute a part of this agreement. IN WITNESS WHEREOF, this agreement has been executed by the parties hereto, upon the date first above written. STATE OF CALIFORNIA AGENCY Department of Califomia Highway Patrol BY (AUTHORIZED SIGNATURE) PRINTED NAME OF PERSON SIGNING R. Flores TITLE Admin Services Officer ~VlOUNT ENCUMBERED BY THIS 3OCUMENT $10,000.00 PRIOR AMOUNT ENCUMBERED FOR THIS CONTRACT TO’~AL AMOUNT ENCUMBERED TO DATE $10,000.00 PROGRAM / CATEGORY (CODE AND TITLE) 99 (OPTIONAL USE) CONTRACTOR CONTRACTOR [If other than an individual, state whether a corporation, partnership, etc.) Citv of Palo Alto,PaiD ~lto Police Department (650) 329-2115 BY (AUTHORIZED SIGNATURE) PRINTED NAME OF PERSON SIGNING TITLE ADDRESS (Ctty)(State) (Zip C~de) 275 Forest Avenue Paid Alto CA 94301- FUND TITLE Department of General MV Acct. State Trans,Services Use Only ITEM CHAPTER 2720-101-0001 52 OBJECT OFEXPENDITURE(CODEANDTITLE) 3051/701/10001 STATUTE FISCALYEAR 2000 00/01 I hereby certify upon my personal knowledge that budgeted funds T.B.A. NO.B.R. NO. are available for the period and purpose of the expenditure stated SIGNATURE, s. OF ACCOUNTING OFFICER DATE [-’-] CONTRACTOR [’---1 STATE AGENCY F--] DEPT. OF GEN. SEN. [’~] CONTROLLER [S] OTHER EXEMPT FROM DEPARTMENT OF GENERAL SERVICES APPROVAL IN ACCORDANCE WITH THE STATE ADMINISTRATIVE MANUA.L STATE OF CALIFORNIA STANDARD AGREEMENT STD. 2 (REV 9-93) (DGS Automated) (REVERSE) ADDITIONAL INFORMATION: The Contractor agrees to indemnify, defend and save harmless the State, its officers, agents and employees from any and all claims and losses .accruing or resulting to any and all contractors, subcontractors, materialmen, laborers and any other person, firm or corporation furnishing or supplying work services, materials or supplies in connection with the performance of this contract, and from any and all claims and losses accruing or resulting to any person, firm or corporation who may be injured or damaged by the Contractor in the performance of this contract. The Contractor, and the agents and employees of Contractor, in the performance of the agreement, shall act in an independent capacity and not as officers or employees or agents of State of California. The State may terminate this agreement and be relieved of the payment of any consideration to Contractor should Contractor fail to perform the covenants herein contained at the time and in the manner herein provided. In the event of such termination the State may proceed with the work in any manner deemed proper by the State. The cost to the State shall be deducted from any sum due the Contractor under this agreement, and balance, if any, shall be paid the Contractor upon demand. Without the written consent of the State, this agreement is not assignable by Contractor either in whole or in part. Time is of the essence in this agreement. No alteration or variation of the. terms of this contract shall be valid unless made’ in writing and signed by the parties hereto, and no oral understanding or agreement not incorporated herein, shall be binding on any of the parties hereto. The consideration to be paid Contractor, as provided herein, shall be in compensation for all of Contractor’s expenses incurred in the performance hereof, including travel and per diem, unless otherwise expressly so provided. CHP Contract #00-C5440 Public Contact Demographic Data Collection Project Palo Alto Police Department ARTICLE I. STATEMENT OF WORK City of Palo Alto, This agreement is between the Palo Alto Police Department, herein after referred to as the AGENCY, and the California Highway Patrol, herein after referred to as CHP. AGENCY agrees to participate in the collection and reporting of racial profiling data, t.o include a minimum of five categories of demographic data from traffic stops, for the California Highway Patrol (CI--IP), Office of Research and Planning (ORP), located at 2555 First Avenue, Sacramento, CA 95814. AGENCY agrees to work with designated CHP staff to accomplish the requii:ements of the attached specifications, marked "Exhibit A", which by reference is made a part hereof. AGENCY agrees to report the demographic data in accordance with the allied AGENCY public contact format as specified in "Exhibit B", which by reference is made a part hereof. ARTICLE II. CONTRACT COORDINATOR. CHP Contract Coordinator shall be: Ms. Patricia Sliney Office of Research and Planning 2555 First Avenue Sacramento, CA. 95814 (916) 657-7237 ARTICLE III.TERM OF CONTRACT The term of this contract shall be November 1, 2000 through October 31, 2003. " ARTICLE IV. This contract may be amended by written mutual consent of the parties hereto. ARTICLE V.CANCELLATION CLAUSE This contract many be canceled by the State upon thirty (30) days prior written notice to the contractor. CHP Contract #00-C5440 Public Contact Demographic Data Collection Project Palo Alto Police Department ARTICLE VI.PAYMENT PROVISIONS CHP agrees to pay AGENCY Ten Thousand Dollars ($10,000), in advance, to perform the agreed .upon services and provide the required data collection reports. Failure to provide services and!or reports in the time and manner indicated may result in the requirement for reimbursement of any funds provided to the AGENCY for the participation in this project. Payment shall be made from funds appropriated to the Department of California Highway Patrol and subject to the fiscal procedures of the State of California. The total amount of this contract shall not exceed Ten Thousand Dollars ($10,000.00), .including all fees, applicable taxes, and expenses. ARTICLE VII.RETENTION OF RECORDS/AUDITS AGENCY and the CHP shall maintain all books, documents, papers, accounting records, and other evidence pertaining to performance of this contract, but. not limited to, the costs of administering the contract, for a period of three (3) years after final payment under the contract. The State Auditor, or any duly authorized representative of the State shall have access to any ~ books, records, and documents of either party that are pertinent to the contract for audits, examinations, excerpts, and transactions, and copies thereof shall be furnished if requested. (Government Code Section 8546). ARTICLE VII!.STATE CONTRACTING REQUIREMENTS AGENCY agrees to abide by the attached Form 17A Nondiscrimination Clause, State Contract Requirements, Anti-trust Provisions, and Dispute Resolution Provision, all of which by reference herein shall be made a part of this contract. ARTICLE IX.DISPUTES Any dispute concerning a question of fact arising under the terms of this contract which is not resolved within a reasonable period of time by the AGENCY and CHP employees normally responsible for the administration of this contract, shall be brought to the attention of the AGENCY Administrator (or designated representative) and the CHP Administrative Officer (or designated representative) for joint resolution. At the request of either party, a forum for discussion of the disputed item(s) will be held, at which time the AGENCY Contract Administrator and the CHP Administrative Services Officer (or their designated representatives) shall be available to assist in the resolution by providing advice to both parties as to the AGENCY’s arid CHP’s policies and procedures. If agreement cannot be reached CHP Contract #00-C5440 Public Contact Demographic Data Collection Project Palo Alto Police Department through the application of high level management attention, either party may assert its other rights and remedies within this contract or within a court of competent jurisdiction. The rights and remedies of the State provided above shall not be exclusive and are in addition to any other rights and remedies provided by law or under the contract. Both parties agree to continue to carry out all other responsibilities under this contract not affected by the dispute. ARTICLE X.FUNDING AVAILABILITY This contract is valid and enforceable only if sufficient funds are made available by the Budget Acts of the appropriate fiscal years to provide local assistance to allied agencies. In addition, this contract is subject to any additional restrictions, limitations or conditions enacted by the Legislature or any statute enacted by the Legislature which may affect the provisions, term or funding of this contract in any manner. ARTICLE XI.DRUG-FREE WORKPLACE CERTIFICATION. By signing this contract, the AGENCY hereby certifies under penalty of perjury under the laws of the State of California that the contractor will comply with the requirements of the Drug-Free Workplace Act of 1990 (Government Code Section 8350 et se.q.) and will provide a drug-free workplace by taking the following actions: Publish a statement notifying employees that unlawful manufacture, distribution, dispensation, possession, or use of a controlled substance is prohibited and specifying actions to be taken against employees for violations. b. Establish a D.rug-Free Awareness Program to inform employees about: (1) The dimgers of drag abuse in the workplace; (2) The person’s or organization’s policy of maintaining a drug-free workplace; (3) Any available counseling, rehabilitation, and employee assistance programs; and (4)Penalties that may be imposed upon employees for drug. abuse violations. c. Every employee who works on the proposed contract will: CHP Contract #00-C5440 Public Contact Demographic Data Collection Project Palo Alto Police Department (1)Receive a copy of the company’s drug-free workplace policy statement; and Agree to abide by the terms of the company’s statement as a condition of employment on the contract. CH~ Contract #00-C5440 Public Contact Demographic Data Collection Project Palo Alto Police Department EXHIBIT A Collection and Reporting of Data Scope Of Work o AGENCY shall coordinate with the CHP Coordinator to report the racial profile data collected at traffic stops. The data will be transmitted to CHP in April 2001(if applicable), April 2002, and April 2003, for inclusion in CHP’s report to Legislature. The written report provided by the AGENCY shall contain, at a minimum, five categories of demographic data from traffic stops to CHP. The five required elements include; age, race, gender, result of contact, and whether a vehicle was searched. Reports provided under this contract become .the sole property of CHP. Any dissemination of completed reports, summary reports, and/or subject matter findings pertaining to services provided under.this agreement are subject to prior approval by CHP, no information obtained through the execution of this contract shall be released without the prior written approval of CHP. Information collected and reported to CHP by each participating AGENCY shall be available for use by either entity in the normal course of business. All reports issued by the participating AGENCY shall contain the following statement in the credit sheet: "The opinions, findings, and conclusions expressed in this publication are those of the authors and not necessarily those of the CHP. This publication does not constitute a CHP standard, specification, or regulation." Final reports developed from the consolidated information collected under this contract become the sole property of CHP. Any dissemination or interpretation of completed reports, summary reports, and/or subject matter findings pertaining to services provided under this contract are subject to prior approval by the CHP, Office of Special Projects. No information obtained through the execution of this contract study shall be released without the prior written approval of the CHP Office of Special Projects. All publication rights and copyrights of final project summary report are retained by the CHP. Any oral or written release of information is subject to prior written approval of the CHP. 7.Participating agencies who are not already collecting data for racial profiling, must begin ON OR BEFORE May 1, 2001, and continue through April 30, 2003. CHP Contract #00-C5440 Public Contact Demographic Data Collection Project Palo Alto Police Department 8.Failing to submit data collection reports as required shall result in full refund of funds allocated to participate in this program. 0 >- Z STATE OF CALIFORNIA NONDISCRIMINATION CLAUSE STD. 17A ~(REV. 3-95) (DG$ Automated) During the performance of this contract, contractor and its subcontractors shall not unlawfully discriminate, harass or allow harassment, against any employee or applicant for employment because of sex, race, color, ancestry, religious creed, national origin, physical disability (including HIV and AIDS), medical condition (cancer), age (over 40), marital status, denial of family care leave and denial of pregnancy disability leave. Contractors and subcontractors shall insure that the evaluation and treatment of their employees and applicants for employment are free from such discrimination and harassment. Contractor and subcontractors shall comply with the provisions of the Fair Employment and Housing Act (Government Code, Section 12900 et seq.) and the applicable regulations promulgated thereunder (California Code of Regulations, Title 2, Section 7285.0 et seq.). The applicable regulations of the Fair Employment and Housing Commission implementing Government Code, Section 12990 (a-f), set forth in Chapter 5 of Division 4 of Title 2 of the California Code of Regulations are incorporated into this contract by reference and made a part hereof as if set forth in full. Contractor and its subcontractors shall give written notice of their obligations under this clause to labor organizations with which they have a collective bargaining or other agreement. 2.This contractor shall include the non-discrimination and compliance provisions of this clause in all subcontracts to perform work under contract. STATE OF CALIFORNIA CONTRACT REQUIREMENTS (Revised 4/99) NONDISCRIMINATION COMPLIANCE STATEMENT The prospective contractor’s signature affixed hereon and dated shall constitute a certification under the penalty of perjury under the laws of the State of California that the bidder lias, unless exempted, complied with the nondiscrimination program requirements of Government Code Section 12990 (a - f) and Title 2, California Code of Regulations, Section 8103. NATIONAL.LABOR RELATIONS BOARD Contractor agrees that by signing the contract, does swear under penalty of perjury that no more than one final unappealable finding of contempt of court by a Federal court has been issued against the contractor within the immediately preceding two-year period because of the contractor’s failure to comply with an order of a Federal court which orders the contractor to comply with an order of the National Labor Relations Board. (Public Contract Code Section 10296) AMERICANS WITH DISABILITIES ACT (ADA) OF 1990 (42 U.S.C. 12 I01 ET SEQ.) Contractor by signing this contract assures the State that it complies with the Americans with Disability Act (ADA) of 1990 (42 U.S.C. 12101 et seq.), which prohibits discrimination on the basis of disability, as well as all applicable regulations and guidelines issued pursuant to the ADA. STATE AUDITOR AUDIT PROVISION The contracting parties hereto shall be subject to the examination and audit of the State Auditor for a period of three (3) years after final payment under the contract in accordance with the Government Code Section 8546.7. In addition, the contractor may be subject to examination and audit by representatives of the California Highway Patrol. The examination and audit shall be confined to those matters connected with the performance of the contract including, but not limited to, the costs of administering the contract. RECYCLE CONTENT Should materials, goods, supplies offered, or products be used in the performance of this contract, the contractor by signingthis contract hereby certifies that the materials, goods, supplies offered, or products meets or exceeds the minimum percentage of recycled material as defined in Sections 12161 and 12200 of the Public Contract Code. SUBCONTRACTING Contractor shall not subcontract any services under this agreement without prior written approval of the State’s representative. Contract Requirem,ents Page 2 of 2 CONFLICT OF INTEREST No officer or employee in the state civil service or other appointed state official shall engage in any employment, activity, or enterprise from which the officer or employee receives compensation or in which the officer or employee has a financial interest and which is sponsored or funded, or sponsored and funded, by any state agency or department through or by a state contract unless the employment, activity, or enterprise is required as a condition of the officer’s or employee’s regular state employment. No officer or employee in the state civil sbrvice shall contract on his or her own individual behalf as an independent contractor with any state agency to provide services or goods. [Public Contract Code 10410] No retired, dismissed, separated, or formerly employed person of any state agency or department employed under the state civil service or otherwise appointed to serve in state government may enter into a contract in which he or she engaged in any of the negotiations, transactions, planning, arrangements, or any-part of the decisic~n-making process relevant to the contract while employed in any capacity 15y any state agency or department. The prohibition shall apply to a person only during a two-year period beginning on the state the person left state employment. [Public Contract Code 1041 l(a)] For a period of 12 months following the date of his or her. retirement, dismissal, or separation from state service, no person employed under state civil.service or otherwise appointed to serve in state gove.rnment may enter into a contract with any state agency, if he or she was employed by that state agency in a policymaking position in the same general subject area as the proposed contract within the 12-month period prior to his or her retirement, dismissal, or separation. The prohibition of this shall not apply to a contract requiring the person’s services as an expert witness in a civil case or to a contract for the continuation of an attorney’s services on a matter he or she was involved with prior to leaving state service. [Public Contract Code 1041 l(b)] NON-INFORMATION TECHNOLOGY PRODUCTS and/or SERVICES, if applicable The contractor warrants and represents that the goods or services sold, leased or licensed to the State of California, its agencies, or its political subdivisions, pursuant to this contract/purchase order are "Year 2000 compliant." For purposes of this contract/purchase order, a good or service is Year 2000 compliant if it will continue to function fully before, at and after the Year 2000 without interruption and, if applicable, with full ability to accurately and unambiguously process, display, compare, calculate, manipulate and otherwise utilize date information. This warranty and representation supersedes all warranty disclaimers and limitations and all limitations on liability provided by or through Contractor. EMPLOYMENT OF UNDOCUMENTED ALIENS, if applicable The prospective contractor’s signature affixed hereon and dated shall constitute a certification Under the penalty of perjury under the laws of the State of California that the bidder in the preceding five years, has not been convicted of violating a state or federal law respecting the employment of undocumented aliens. [Public Contract Code Section 610 l] STATE OF CALIFORNIA. DEPARTMENT OF CALIFORNIA HIGHWAY PATROL ANTITRUST PROVISIONS as of November 1997 ’ The Government Code Chapter on antitrust claims contains the following definitions: ao "Public purchase" means a purchase by means of competitive bids of goods, services, or materials by the state or any of its political subdivisions or public agencies on whose behalf the attorney General may bring an action pursuant to subdivision (c) of Section 16750 of the Business and Professions Code. b."Public purchasing body" means the state or the subdivision or agency making a public purchase. See Government Code Section 4550. The following antitrust provisions are incorporated and made a part of this contract: ao The Contractor offers and agrees that it will assign to the State all rights, title, and interest in and to all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C. See. 15) or under the Cartwright Act Chapter 2, commencing with Section 16700, of Part 2 of Division 7 of the Business and Professions Code, arising from the purchases of goods, materials, or services by the bidder for sale to the purchasing body pursuant to the bid. Such assignment shall be made and become effective at the time the purchasing body tenders final payment to the bidder. See Government Code Section 4552. bo If the State receives, either through judgment or settlement, a monetary recovery for a cause of action assigned under this chapter, the assignor shall be entitled to receive reimbursement for actual legal costs incurred and may, upon demand, recover from the State any portion of the recovery, including treble damages, attributable to overcharges that were paid by the assignor but were not paid by the public body as part of the bid price, less the expense incurred in obtaining that portion of the recovery. See Government Code Section 4553. c..Upon mand in writing by the assignor, the assignee shall, within one year from such demand, reassign the cause of action assigned under this part if the assignor has been or may have been injured by the violation of law for which the cause of action arose and (a) the assignee has not been injured thereby, or (b) the assignee declines to file a court action for the cause of action. See Government Code Section 4554. STATE OF CALIFORNIA DEPARTMENT OF CALIFORNIA HIGHWAY PATROL DISPUTE RESOLUTION PROVISION By signing the contract, contractor agrees to abide by this provision. Any dispute concerning a question of fact arising under the terms of this contract which is not disposed of within a reasonable period of time by the Contractor and State employees normally responsible for the administration of this contractshall be brought to the attention of the Administrative Services Officer (or designated representative) of each organization for joint resolution. At the request of either party, the State shall provide a forum for discussion of the disputed item(s), at which time the Administrative Services Officer, or his/her representative, shall be available to assist in the resolution by providing advice to both parties as to the State of California, California Highway patrol, policies and procedures. If agreement cannot be reached through the application of high level management attention, either party may assert its other rights and remedies within this contract or within a court of competent jurisdiction. The rights and remedies of the State provided above shall not be exclusive and are in addition to any other rights and remedies provided by law or under the contract. The mailing address for disputes shall be: Department of California Highway Patrol Business Services Section Contract Management Unit P.O. Box 942898 Sacramento, CA 94298-0001 Contractor and State agree to continue to carry out all other responsibilities under this contract not affected by the dispute. RESOLUTION NO. RESOLUTION OF THE COUNCIL OF THE CITY OF PALO ALTO AUTHORIZING AND APPROVING A GRANT AGREEMENT WITH THE STATE OF CALIFORNIA DEPARTMENT OF CALIFORNIA HIGHWAY PATROL FOR COLLECTION AND REPORTING OF PUBLIC CONTACT DEMOGRAPHIC DATA RESULTING FROM TRAFFIC ENFORCEMENT ACTIONS WHEREAS, the Council of the City of Palo Alto supports and encourages the collection and reporting of public contact demographic data by its Police Department; and, WHEREAS, the Council desires to authorize the Police Department to participate in the state-wide public contact demographic data collection and reporting program being conducted by the Department of California Highway Patrol; NOW THEREFORE BE IT RESOLVED that the Mayor is authorized to execute on behalf of the City of Palo Alto that grant agreement dated November i, 2000, with the State of California, acting by and through its Department of California Highway Patrol, providing the sum of Ten Thousand Dollars ($i0,000) for the collection of public contact demographic data from all traffic enforcement vehicle stops by the City of Palo Alto Police Department during the period commencing November I~ 2000, and concluding April 30, 2003, and for the reporting of this data to the California Highway Patrol Office of Research and Planning. INTRODUCED AND PASSED: AYES: NOES: ABSENT: ABSTENTIONS: ATTEST:APPROVED: City Clerk Mayor APPROVED AS TO FORM: Senior Asst. City Attorney City Manager Police Chief Director of Administrative Services 001113 el 0044080 TO: City of Palo Alto City Manager’s Report HONORABLE CITY COUNCIL FROM:CITY MANAGER DEPARTMENT: POLICE DATE: SUBJECT: FEBRUARY 14, 2000 CMR:145:00 POLICE DEPARTMENT’S RACIAL PROFILING POLICY This is an informational report and no Council action is req~iired. BACKGROUND Over the last several years, the issue of police officers initiating ear stops based upon race has been discussed and debated. While legislation that would require police departments to gather and track demographic information has not yet been adopted at either the federal or state levels, a number of police departments have voluntarily chosen to gather and report on the information. As a result, the City Manager directed the Police Chief to promulgate a policy for the Palo Alto Police Department regarding the issue of "police profiling" or "driving while black." After researching the issue, the Police Chief developed the attached policy statement and submitted it to the City Manager for review and approval. On February 7, 2000, the policy was officially issued and distributed to all Police personnel. Police staff will also receive training on this policy. DISCUSSION Beginning on July 1, 2000, the Police Department will begin collecting information, including the race, gender, age and reason for all vehicles that are stopped and all public contacts that are initiated for which there is currently not any documentation. For those arrests, citations, field interviews, and contacts that are currently documented, that information shall be included in the reports. Staff has chosen the July 1 date in order to provide time to determine how best to collect and track the information. Staff hopes to be able to use the new Computer Aided Dispatch (CAD) CMR:145:00 Pagel of 2 system for this purpose, but if that is not feasible, .the information will be manually gathered and tracked. The Police Department will submit quarterly reports to the City Council and the community regarding the information collected. RESOURCE IMPACT Staff believes that this policy can be implemented without additional resources. POLICY IMPLICATIONS This policy is consistent with other City policies. ATTACHMENTS Police Chief’s Memorandum "Response to Police Profiling Questions" PREPARED BY: Patrick Dwyer, Chief of Police DEPARTMENT HEAD:. CITY MANAGER APPROVAL: Patrick Chief of Police une Flemi~nager CMR:145:00 Page 2 of 2 PALO ALTO POLICE DEPARTMENT Memorandum February 9, 2000 TO: FROM: SUBJECT: All Police Personnel Pat Dwyer, Chief of Police . Police Department Response to "Profiling" Questions BACKGROUND Over the past several years perhaps no topic related to the administration of criminal justice in America has generated as much controversy (or newspaper ink) as the issue of"Driving While Black" or" Profiling." At the national level, on June 9, 1999, President Clinton issued the "Executive Memorandum on Fairness in Law Enforcement" requiring federal law enforcement agencies to collect data on the race and ethnicity of individuals contacted during public encounters. Federal law enforcement agencies and courts are currently in the process of developing responses to this presidential directive. In congress, Representative John Conyers (D-Mich.) introduced HR 1443, The Traffic Stop Statistics Act of 1999,.which, if passed, will require the collection of a variety of statistics emanating from all Police traffic stops. Those statistics would include: nature of the infraction, race, gender, ethnicity, age, number of individuals in the vehicle, whether immigration status was questioned, whether a search was conducted, items seized, duration of the stop and disposition. The Intemational Association of Chiefs of Police (IACP) has initiated a continuing series of discussions with the ultimate goal of establishing model policies for professional traffic stops. As stated in a recent IACP publication, "...profiling is neither legal, consistent with democratic ideals, values and principles of American. policing, nor in any way a legitimate and defensible public protection strategy. It is l r t ,,thnot, cannot, and will not be to e a ed by the police profession. At the 106 IACP Annual Conference, which I recently attended in Charlotte, the IACP formally adopted two related resolutions: (1) Condemning Racial and Ethnic Profiling in Traffic Stops and (2) Professional Police Contacts. Here in California, in 1999 State Senator Kevin Mmy.ay introduced SB 78 requiring collection of specified data regarding traffic stops. The legislation passed but was vetoed by Governor Davis. His veto notwithstanding, Governor Davis requested that the.Highway Patrol collect and analyze data from all traffic stops made by the CI-[P beginning in January of 2000. The CHP has complied with this request and is now collecting data based on a manual reporting system. A number of California jurisdictions, including San Diego, San Jose, San Francisco, Oakland, Mountain View and Santa Clara County have either initiated data collection programs or committed to do so in the near future. Many California police chiefs believe that legislation similar to SB 78 will pass and become law when it is re-introduced this year. Potential liability issues associated with "profiling" were recently illustrated when a federal appeals court in San Francisco upheld a $245,000 judgement, including $70,000 in punitive damages, against the City of Torrance. Locally, here in the City of Palo Alto, a relatively small but highly publicized number of incidents have generated community interest. Examples include an incident reported in the December 8th edition of the Weekly, wherein a motorist pulled over for a traffic violation alleged that he was stopped because he was black. He additionally complained about the department’s "over-response" to the incident. Significantly, when contacted for the Weekly article, both the local ACLU and the NAhCP reported that they had no recent complaints regarding unfair treatment by the Palo Alto Police Department. Local media attention also included a Mercury News column written by Loretta Green, in which she documented a number of interactions between members of her own family and the Palo Alto Police Department over a period of years. That column generated a number of letters supportive of Ms. Green to the editor in the Mercury. The Palo Alto Human Relations Commission expressed interest in this issue and invited me to address the Commission on December 9, 1999. I address.ed the Commission and provided racial statistics on traffic citations, arrests and field interviews for FY 1998-99. I also informed the Commission that in calendar year 1998 the Department had received three complaints of alleged discrimination and that to date in 1999 the Department had received three alleged complaints of discrimination. ANALYSIS The effectiveness of the Police Department depends in large measure on maintaining the trust and confidence of our entire community. Discriminafory practices, whether they are real or perceived, erode that trust and confidence and thereby reduce the Department’s overall effectiveness. The Palo Alto.Police Department strives to create an organizational culture, which is intolerant of discriminatory behaviors and is committed to protecting the rights and dignity of every person in this community. These noble commitments notwithstanding, the Department is mindful that there are members of the community who, for a variety of reasons, honestly believe that racial profiling by this pohce department occurs. Such beliefs may be rooted in their own past experiences, based on second hand information, or incited by media hype. Regardless of the source, it is incumbent on the Police Department to change those beliefs. Unfortunately, too much of the media hype surrounding the "Driving While Black" or "profiling" issue has focused upon the collection of statistics. While such a focus may sell newspapeis, it produces a somewhat shallow insight into animportant and complex problem. At best., statistics provide some potential to identify problem trends. At worst, they are easily manipulated and, some suggest may deter officers from legitimate and proper public contacts and/or detentions. As I stated in my presentation to the Human Relations Commission, what is far more important than the collection of statistics is what is in the hearts and minds of our officers. Certainly, I am interested in the racial and ethnic characteristics of the people we detain, cite or arrest. I am farmore interested in insuring that every officer of this Department act in a manner which is consistent with the law, consistent with Departmental policy, demonstrates respect for the rights and dignity of every person, and which shows an appreciation for our diverse culture. The question of whether collection of statistics on police contacts would deter officers properly executing their duties merits some brief discussion. It is essential for officers to understand that there is no inherent conflict between aggressively working to make Palo Alto the safest city in America and scrupulously avoiding profile stops based on race or ethnicity. The Deparla’nent expects our officers to diligently attack crime, traffic and quality of life problems. It likewise expects officers to base their actions only upon observed Violations and/or specific, articulable cause. As the IACP stated so eloquently above, acting in any other manner is illegal, indefensible and will not be tolerated. It is equally essential, however, for our officers to believe that when they have executed their duties in an ethical and professional manner, the Department will stand by them and defend them against unwarranted criticism, or complaints. Stated simply, if we fail to defend good police work, pretty soon we won’t see any. POLICY The following four phase response to the "profiling" issue is hereby initiated: The Department will continue to strive to create an organizational culture, which reflects a strong commitment to highest standards of ethics and integrity. The Department will promulgate a new General Order specifically addressing ¯ "Respecting Constitutional Rights." This order will be supported by positive leadership, training, supervision, and when necessary corrective action. 2.The Dep .artment will continue to include Diversity Training in the annual advanced officer course. o .In Suly the Department will start collecting ethnicity-based statistics on all arrests, citations, field interviews and field contacts where no report is currently generated. Examples of public contacts where no report is currently generated include traffic stops where a warning is given or pedestrians investigated for suspicious activity that turns out to be unfounded. Results will be submitted in quarterly reports to Council. The Department will initiate a proactive public information program designed to familiarize the public with: why police stop people, what a person should do if he or she is stopped, and what recourse a person has if he or she thinks they were stopped unfairly. The Department will disseminate this information in individual field contacts, in the media and in Utility Bills. The Department will also appear by request at public forums such as neighborhood or business association meetings.