402_-_RacialBias_Based_Profiling

Policy 402Mountain View Police Department Mountain View PD Policy Manual Copyright Lexipol, LLC 2019/12/16, All Rights Reserved. Published with permission by Mountain View Police DepartmentRacial/Bias Based Profiling - 1Racial/Bias Based Profiling 402.1 PURPOSE AND SCOPE This policy provides guidance to department members and establishes appropriate controls to ensure that employees of the Mountain View Police Department do not engage in racial- or bias- based profiling or violate any related laws while serving the community. 402.1.1 DEFINITION Definitions related to this policy include: Racial- or bias-based profiling - An inappropriate reliance on factors such as race, ethnicity, national origin, religion, sex, sexual orientation, economic status, age, cultural group, disability or affiliation with any other similar identifiable group as a factor in deciding whether to take law enforcement action or to provide service. 402.2 POLICY The Mountain View Police Department is committed to providing law enforcement services to the community with due regard for the racial, cultural or other differences of those served. It is the policy of this department to provide law enforcement services and to enforce the law equally, fairly and without discrimination toward any individual or group. Race, ethnicity or nationality, religion, sex, sexual orientation, economic status, age, cultural group, disability or affiliation with any other similar identifiable group shall not be used as the basis for providing differing levels of law enforcement service or the enforcement of the law. 402.3 RACIAL- OR BIAS-BASED PROFILING PROHIBITED Racial- or bias-based profiling is strictly prohibited. However, nothing in this policy is intended to prohibit an officer from considering factors such as race or ethnicity in combination with other legitimate factors to establish reasonable suspicion or probable cause (e.g., suspect description is limited to a specific race or group). 402.4 MEMBER RESPONSIBILITY Every member of this department shall perform his/her duties in a fair and objective manner and is responsible for promptly reporting any known instances of racial- or bias-based profiling to a supervisor. 402.4.1 REASON FOR DETENTION Officers detaining a person shall be prepared to articulate sufficient reasonable suspicion to justify a detention, independent of the individual's membership in a protected class. To the extent that written documentation would otherwise be completed (e.g., arrest report, Field Interview (FI) card), the involved officer should include those facts giving rise to the officer's reasonable suspicion or probable cause for the detention, as applicable. Mountain View Police Department Mountain View PD Policy Manual Racial/Bias Based Profiling Copyright Lexipol, LLC 2019/12/16, All Rights Reserved. Published with permission by Mountain View Police DepartmentRacial/Bias Based Profiling - 2Nothing in this policy shall require any officer to document a contact that would not otherwise require reporting. 402.4.2 REPORTING TRAFFIC STOPS Each time an officer makes a traffic stop, the officer shall report any information required in the Traffic Function and Responsibility Policy. 402.5 SUPERVISOR RESPONSIBILITY Supervisors shall monitor those individuals under their command for any behavior that may conflict with the purpose of this policy and shall handle any alleged or observed violation of this policy in accordance with the Personnel Complaints Policy. (a)Supervisors should discuss any issues with the involved officer and his/her supervisor in a timely manner. (b)Supervisors should periodically review MAV recordings, MDC data and any other available resource used to document contact between officers and the public to ensure compliance with the policy. 1.Supervisors should document these periodic reviews. 2.Recordings that capture a potential instance of racial- or bias-based profiling should be appropriately retained for administrative investigation purposes. (c)Supervisors shall initiate investigations of any actual or alleged violations of this policy. (d)Supervisors should ensure that no retaliatory action is taken against any member of this department who discloses information concerning racial- or bias-based profiling. 402.6 ADMINISTRATION Each year, the Field Operations Captain shall review the efforts of the Department to prevent racial- or bias-based profiling and submit an overview, including public concerns and complaints, to the Police Chief. This report should not contain any identifying information regarding any specific complaint, citizen or officers. It should be reviewed by the Police Chief to identify any changes in training or operations that should be made to improve service. Supervisors shall review the annual report and discuss the results with those they are assigned to supervise. 402.7 TRAINING Training on racial- or bias-based profiling and review of this policy should be conducted as directed by the Personnel and Training Unit. Mountain View Police Department Mountain View PD Policy Manual Racial/Bias Based Profiling Copyright Lexipol, LLC 2019/12/16, All Rights Reserved. Published with permission by Mountain View Police DepartmentRacial/Bias Based Profiling - 3(a)All sworn members of this department will be scheduled to attend Peace Officer Standards and Training (POST)-approved training on the subject of racial- or bias- based profiling. (b)Pending participation in such POST-approved training and at all times, all members of this department are encouraged to familiarize themselves with and consider racial and cultural differences among members of this community. (c)Each sworn member of this department who received initial racial- or bias-based profiling training will thereafter be required to complete an approved refresher course every five years, or sooner if deemed necessary, in order to keep current with changing racial and cultural trends (Penal Code § 13519.4(i))