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MOUNT PROSPECT POLICE DEPARTMENT 112 E. Northwest Highway Mount Prospect, IL 60056 Tel: (847) 870-5656 Fax: (847) 818-5228
FIELD OPERATIONS PROCEDURES - ADM-132
INDEX AS: Racial Profiling Discriminatory Practices
POLICY
It will be the policy of the Mount Prospect Police Department that members will not effect a stop, detention or search of any person when such action is motivated by race, color, ethnicity, age, gender or sexual orientation, and the action would constitute a violation of the civil rights of that person.
Specifically, members of the Mount Prospect Police Department will not engage in any activities that are discriminatory or indicative of a practice of racial profiling.
PURPOSE
The purpose of this directive will be to define and describe the discriminatory actions that will be prohibited by this policy and to set in place procedures to ensure members are fair and impartial in the discharge of their job duties and responsibilities.
DEFINITIONS
A. Racial Profiling -- means the detention, interdiction, or other disparate treatment of an individual on the basis of the racial or ethnic status of the individual.
B. Stop -- means the restraining of an individual's liberty by physical force or a show of authority.
C. Detention -- means the act of stopping or restraining an individual's freedom to walk away, approaching and questioning an individual outside the realm of a consensual encounter, or stopping an individual suspected of being personally involved in criminal activity.
D. Search -- means looking for or seeking out that which is otherwise concealed from view.
132.1 RACIAL PROFILING/DISCRIMINATORY PRACTICES
A. Racial profiling of individuals is strictly prohibited
1. In the absence of a specific report, the race or ethnicity of an individual will not be a factor in determining the existence of probable cause to place in custody or arrest an individual, or in constituting a reasonable and articulable suspicion that an offense has been or is being committed so as to justify the detention of an individual or the investigatory stop of a motor vehicle.
2. In response to a specific credible report of criminal activity, the race or ethnicity of an individual will not be the sole factor in determining the existence of probable cause to place in custody or arrest an individual.
B. Stops or detentions based on race, age, gender or sexual orientation or any other prejudicial basis by any member will be prohibited.
1. The detention of any individual that is not based on factors related to a violation of or investigation of a violation of federal law, Illinois statutes, Village Code of Ordinances, or any combination thereof is prohibited.
2. No officer shall stop, detain, or search any person when such action is motivated by race, color, ethnicity, age, gender or sexual orientation.
132.2 AUTHORITY AND RESPONSIBILITY
A. Each supervisor will be responsible for continually monitoring and examining all areas of police actions and activities under his/her purview to ensure the dictates of this directive are being followed and to discover any indications of racial profiling or discriminatory practices.
B. Any employee who believes there is, or is made aware of, any violation of this directive will immediately contact his/her supervisor.
C. All reports or complaints of discriminatory practices or racial profiling will be documented and investigated in accordance with the provisions of Field Operations Procedure Ops-52, indexed as Administrative Review.
132.3 COMMUNITY OUTREACH
A. The Chief of Police will be the department's community liaison for profiling and/or discrimination issues.
B. The Chief of Police will complete an annual report on profiling and/or discrimination complaints. The annual summary report will include but not be limited to:
1. Listing each complaint
2. Explaining any action(s) taken
3. Recommending training needs
4. Recommending policy changes
132.4 TRAINING
A. All police department personnel will receive training about the harms of racial profiling and discrimination, including the review of this policy. This training will be intended to supplement the initial cultural diversity and awareness training officers received in the basic recruit training academy.
B. In concert with appropriate disciplinary action, additional diversity and sensitivity training shall be designated for officers with sustained racial profiling or other sustained discrimination complaints filed against them.
132.5 DISCIPLINARY PROCEDURES
A. Consistent with the provisions of Field Operations Procedure ADM-26, indexed as Discipline, appropriate sanctions will be implemented for noncompliance of this policy.
B. In addition to required remedial training, officers who have sustained racial profiling or sustained discrimination complaints filed against them may also be reassigned.
C. Failure to report any observed or known violations of this written directive order by any policy department employee will result in disciplinary action.
132.6 INTERNAL MONITORING
A. The traffic stop is an essential element in the delivery of effective police services to the community. Traffic stops deter violations of motor vehicle laws, reduce motor vehicle accident rates and discourage criminal activity. Officers will be encouraged to conduct traffic stops to the fullest extent allowed by law. A comprehensive traffic law enforcement component is essential to ensuring the safe and expeditious flow of traffic through the community.
B. To ensure the traffic enforcement activities of department personnel conform to the provisions of this directive, the department will utilize an internal monitoring process. This process will involve the completion of traffic stop report forms that elicit the information needed to identify any indications of racial profiling or discriminatory practices. The traffic stop report form also will be designed to elicit the information needed to realize the objectives listed in "A" above.
C. Shift supervisors will be responsible for ensuring traffic stop report forms are completed fully, accurately and as required. Records clerks will enter the information listed on the traffic stop report forms into a dedicated computerized data file.