racial profiling report · 2018-01-18 · racial profiling report isfiled with the texas commission...

Pflugerville ISD Police Department

Racial Profiling Report

FY YEAR 2017

PATRICK PETHERBRIDGE, CHIEF OF POLICE

1611 E. PFENNIG LANE PFLUGERVILLE, TEXAS 78660

512.670.5556

Table of Contents

Introduction ……………………………………………………….…..………… 1

TCOLE Reference – Guidelines for Compiling & Reporting Data …….. 3

Texas Law on Racial Profiling ………………………………………………. 5

Responding to the Law Pflugerville ISD Police Department Policy on Racial Profiling ………. 14

Pflugerville ISD Police Department Compliance with Senate Bill 1074 ………………………………………………………………. 18

Public Information ……………………………………………………………. 19

Report on Complaints …………………………………………………….…. 20

Pflugerville ISD Police Department Tier 1 Data Reported to TCOLE ………………………………………………………………………. 23

Pg. 01 Racial Profiling Report – 2017

Pflugerville ISD Police Department

January 17, 2018 Pflugerville ISD Board of Trustees 1401 W. Pecan Street Pflugerville, Texas 78660 Dear Distinguished Members of the Pflugerville ISD Board of Trustees, More than fifteen years ago, the Texas Legislature passed Senate Bill 1074 that later became the Texas Racial Profiling Law. The law, which became effective January 1, 2002, required that all police departments in Texas collect traffic-related data and report this information to their local governing authority by March 1st of each year. The purpose in collecting and presenting this information is to determine if a police department generally, and police officers specifically, are engaging in the practice of profiling minority motorists. Pflugerville ISD Police Department’s Racial Profiling Policy is incorporated into this Report, as well as, references to the applicable Racial Profiling Statutes. As a school based law enforcement agency, the department’s focus is primarily campus based security rather than traffic enforcement. The department had 79 reportable traffic contacts for Calendar Year 2017 as the attached report reflects. The form used to report the statistics was created by the Texas Commission on Law Enforcement (TCOLE) for reporting racial profiling statistics. Its use is mandatory for all data collected during the 2017 calendar year, and in accordance with Article 2.134 (b) of the Code of Criminal procedures, it must be submitted to


TCOLE by March 1, 2018. The Pflugerville ISD Police Department 2017 Racial Profiling Report is filed with the Texas Commission on Law Enforcement website and is available to the public on-line. The Pflugerville ISD Police Department uses the video exception under C.C.P. Art. 2.135, for “Tier1” reporting of traffic contacts. The findings presented in this report serve as evidence of the Pflugerville ISD Police Department’s commitment to comply with the Texas Racial Profiling Law. Respectfully,

Patrick Petherbridge Chief of Police


TCOLE Reference Guidelines for Compiling and Reporting Data Texas Law Enforcement Agency Racial Profiling Reports Submitted to TCOLE About Law Enforcement Agency Requirements Filing for the 2017 year begins January 1, 2018. As reports are filed they can be viewed by clicking the area of the State of Texas below where the agency is located on the graphic below. Texas Occupations Code 1701.164 specifies that TCOLE collect incident-based data in accordance with the Code of Criminal Procedure Article 2.131 – 2.138. Chief administrators of law enforcement agencies that meet the criteria must submit racial profiling reports to their governing body, as well as TCOLE. Each agency must file an annual online report by selecting and completing the reporting option that applies to their particular situation. Reports are filed online through the TCOLE Department Reporting System (DRS). The reporting period for the previous year begins on January 1st of the current year and ends on March 1 of the current year. The Reporting options are: 1. Exempt - Agencies that do not routinely make motor vehicle stops should fill out the 1 page online exempt status form. The exempt status report contains agency general public contact information for questions about its racial profiling filing status. Some agencies are not required to file annual reports. 2. Partial Exemption - Agencies that routinely perform traffic stops or motor vehicle stops and have the vehicles that routinely perform theses stops equipped with video and audio equipment must file by an online report. The online report requires the completion of agency general public contact information and the completion of one of the following options: o a 1page online form about the numbers of motor vehicles stops made or o uploading an agency developed report in PDF format that contains all information of the one page online form (Tier 1 Reporting).


3. Full Reporting - Agencies that routinely perform traffic stops or motor vehicle stops and do not equip the vehicles that routinely perform these stops with video or audio equipment must file by online report. The online report requires the completion of agency general public contact information and requires completion of both: o a 1 page online form about the numbers of motor vehicles stops made and o uploading a separate PDF document containing a statistical analysis of its motor vehicle stops compared to the gender and ethnic population of the agency's reporting area. The second document must also contain a statement as to if racial profiling complaints were made against the agency and if so, a listing of all racial profile complaints and the corresponding resolutions (Tier 2 Reporting).

Guidelines for Compiling and Reporting Data: Retrieved January 13, 2017 from: World Wide Web: http://tcole.texas.gov/content/racial-profiling-reports

http://tcole.texas.gov/content/racial-profiling-reports


Texas Law on Racial Profiling Texas Code of Criminal Procedures: 2.131 – 2.138 Art. 2.131. RACIAL PROFILING PROHIBITED. A peace officer may not engage in racial profiling. Added by Acts 2001, 77th Leg., ch. 947, Sec. 1, eff. Sept. 1,2001. Art. 2.132. LAW ENFORCEMENT POLICY ON RACIAL PROFILING. (a) In this article: (1) "Law enforcement agency" means an agency of the state, or of a county, municipality, or other political subdivision of the state, that employs peace officers who make motor vehicle stops in the routine performance of the officers' official duties. (2) "Motor vehicle stop" means an occasion in which a peace officer stops a motor vehicle for an alleged violation of a law or ordinance. (3) "Race or ethnicity" means of a particular descent, including Caucasian, African, Hispanic, Asian, Native American, or Middle Eastern descent. (b) Each law enforcement agency in this state shall adopt a detailed written policy on racial profiling. The policy must: (1) clearly define acts constituting racial profiling; (2) strictly prohibit peace officers employed by the agency from engaging in racial profiling; (3) implement a process by which an individual may file a complaint with the agency if the individual believes that a peace officer employed by the agency has engaged in racial profiling with respect to the individual; (4) provide public education relating to the agency's complaint process; (5) require appropriate corrective action to be taken against a peace officer employed by the agency who, after an investigation, is shown to have engaged in racial profiling in violation of the agency's policy adopted under this article;


(6) require 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; and (C) whether the peace officer knew the race or ethnicity of the individual detained before detaining that individual; and (7) require 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. (c) The data collected as a result of the reporting requirements of this article shall not constitute prima facie evidence of racial profiling. (d) On adoption of a policy under Subsection (b), a law enforcement agency shall examine the feasibility of installing video camera and transmitter-activated equipment in each agency law enforcement motor vehicle regularly used to make motor vehicle stops and transmitter-activated equipment in each agency law enforcement motorcycle regularly used to make motor vehicle stops. If a law enforcement agency installs video or audio equipment as provided by this subsection, the policy adopted by the agency under Subsection (b) must include standards for reviewing video and audio documentation. (e) A report required under Subsection (b)(7) may not include identifying information about a peace officer who makes a motor vehicle stop or about an individual who is stopped or arrested by a peace officer. This subsection does not affect the collection of information as required by a policy under Subsection (b)(6).


(f) On the commencement of an investigation by a law enforcement agency of a complaint described by Subsection (b)(3) in which a video or audio recording of the occurrence on which the complaint is based was made, the agency shall promptly provide a copy of the recording to the peace officer who is the subject of the complaint on written request by the officer. (g) On a finding by the Texas Commission on Law Enforcement that the chief administrator of a law enforcement agency intentionally failed to submit a report required under Subsection (b)(7), the commission shall begin disciplinary procedures against the chief administrator. Added by Acts 2001, 77th Leg., ch. 947, Sec. 1, eff. Sept. 1,2001. Amended by: Acts 2009, 81st Leg., R.S., Ch. 1172 (H.B. 3389), Sec. 25, eff. September 1, 2009. Acts 2013, 83rd Leg., R.S., Ch. 93 (S.B. 686), Sec. 2.05, eff. May 18, 2013. Art. 2.133. REPORTS REQUIRED FOR MOTOR VEHICLE STOPS. (a) In this article, "race or ethnicity" has the meaning assigned by Article 2.132(a). (b) A peace officer who stops a motor vehicle for an alleged violation of a law or ordinance shall report to the law enforcement agency that employs the officer information relating to the stop, including: (1) a physical description of any person operating the motor vehicle who is detained as a result of the stop, including: (A) the person's gender; and (B) the person's race or ethnicity, as stated by the person or, if the person does not state the person's race or ethnicity, as determined by the officer to the best of the officer's ability; (2) the initial reason for the stop; (3) whether the officer conducted a search as a result of


the stop and, if so, whether the person detained consented to the search; (4) whether any contraband or other evidence was discovered in the course of the search and a description of the contraband or evidence; (5) the reason for the search, including whether: (A) any contraband or other evidence was in plain view; (B) any probable cause or reasonable suspicion existed to perform the search; or (C) the search was performed as a result of the towing of the motor vehicle or the arrest of any person in the motor vehicle; (6) whether the officer made an arrest as a result of the stop or the search, including a statement of whether the arrest was based on a violation of the Penal Code, a violation of a traffic law or ordinance, or an outstanding warrant and a statement of the offense charged; (7) the street address or approximate location of the stop; and (8) whether the officer issued a written warning or a citation as a result of the stop. Added by Acts 2001, 77th Leg., ch. 947, Sec. 1, eff. Sept. 1, 2001. Amended by: Acts 2009, 81st Leg., R.S., Ch. 1172 (H.B. 3389), Sec. 26, eff. September 1, 2009. Art. 2.134. COMPILATION AND ANALYSIS OF INFORMATION COLLECTED. (a) In this article: (1) "Motor vehicle stop" has the meaning assigned by Article 2.132(a). (2) "Race or ethnicity" has the meaning assigned by Article 2.132(a). (b) A law enforcement agency shall compile and analyze the information contained in each report received by the agency under Article 2.133. Not later than March 1 of each year, each law enforcement agency shall submit a report containing the incident based data compiled during the previous calendar year to the Texas Commission on Law


Enforcement and, if the law enforcement agency is a local law enforcement agency, to the governing body of each county or municipality served by the agency. (c) A report required under Subsection (b) must be submitted by the chief administrator of the law enforcement agency, regardless of whether the administrator is elected, employed, or appointed, and must include: (1) a comparative analysis of the information compiled under Article 2.133 to: (A) evaluate and compare the number of motor vehicle stops, within the applicable jurisdiction, of persons who are recognized as racial or ethnic minorities and persons who are not recognized as racial or ethnic minorities; and (B) examine the disposition of motor vehicle stops made by officers employed by the agency, categorized according to the race or ethnicity of the affected persons, as appropriate, including any searches resulting from stops within the applicable jurisdiction; and (2) information relating to each complaint filed with the agency alleging that a peace officer employed by the agency has engaged in racial profiling. (d) A report required under Subsection (b) may not include identifying information about a peace officer who makes a motor vehicle stop or about an individual who is stopped or arrested by a peace officer. This subsection does not affect the reporting of information required under Article 2.133(b)(1). (e) The Texas Commission on Law Enforcement, in accordance with Section 1701.162, Occupations Code, shall develop guidelines for compiling and reporting information as required by this article. (f) The data collected as a result of the reporting requirements of this article shall not constitute prima facie evidence of racial profiling. (g) On a finding by the Texas Commission on Law Enforcement that the chief administrator of a law enforcement agency intentionally failed to submit a report


required under Subsection (b), the commission shall begin disciplinary procedures against the chief administrator. Added by Acts 2001, 77th Leg., ch. 947, Sec. 1, eff. Sept. 1, 2001. Amended by: Acts 2009, 81st Leg., R.S., Ch. 1172 (H.B. 3389), Sec. 27, eff. September 1, 2009. Acts 2013, 83rd Leg., R.S., Ch. 93 (S.B. 686), Sec. 2.06, eff. May 18, 2013. Art. 2.135. PARTIAL EXEMPTION FOR AGENCIES USING VIDEO AND AUDIO EQUIPMENT. (a) A peace officer is exempt from the reporting requirement under Article 2.133 and the chief administrator of a law enforcement agency, regardless of whether the administrator is elected, employed, or appointed, is exempt from the compilation, analysis, and reporting requirements under Article 2.134 if: (1) during the calendar year preceding the date that a report under Article 2.134 is required to be submitted: (A) each law enforcement motor vehicle regularly used by an officer employed by the agency to make motor vehicle stops is equipped with video camera and transmitter-activated equipment and each law enforcement motorcycle regularly used to make motor vehicle stops is equipped with transmitter-activated equipment; and (B) each motor vehicle stop made by an officer employed by the agency that is capable of being recorded by video and audio or audio equipment, as appropriate, is recorded by using the equipment; or (2) the governing body of the county or municipality served by the law enforcement agency, in conjunction with the law enforcement agency, certifies to the Department of Public Safety, not later than the date specified by rule by the department, that the law enforcement agency needs funds or video and audio equipment for the purpose of installing video and audio equipment as described by Subsection (a)(1)(A) and the agency does not receive from the state funds or video and audio equipment sufficient,


as determined by the department, for the agency to accomplish that purpose. (b) Except as otherwise provided by this subsection, a law enforcement agency that is exempt from the requirements under Article 2.134 shall retain the video and audio or audio documentation of each motor vehicle stop for at least 90 days after the date of the stop. If a complaint is filed with the law enforcement agency alleging that a peace officer employed by the agency has engaged in racial profiling with respect to a motor vehicle stop, the agency shall retain the video and audio or audio record of the stop until final disposition of the complaint. (c) This article does not affect the collection or reporting requirements under Article 2.132. (d) In this article, "motor vehicle stop" has the meaning assigned by Article 2.132(a). Added by Acts 2001, 77th Leg., ch. 947, Sec. 1, eff. Sept. 1, 2001. Amended by: Acts 2009, 81st Leg., R.S., Ch. 1172 (H.B. 3389), Sec. 28, eff. September 1, 2009. Art. 2.136. LIABILITY. A peace officer is not liable for damages arising from an act relating to the collection or reporting of information as required by Article 2.133 or under a policy adopted under Article 2.132. Added by Acts 2001, 77th Leg., ch. 947, Sec. 1, eff. Sept. 1, 2001. Art. 2.137. PROVISION OF FUNDING OR EQUIPMENT. (a) The Department of Public Safety shall adopt rules for providing funds or video and audio equipment to law enforcement agencies for the purpose of installing video and audio equipment as described by Article 2.135(a)(1)(A), including specifying criteria to prioritize funding or equipment provided to law enforcement agencies. The criteria may include consideration of tax effort, financial hardship, available


revenue, and budget surpluses. The criteria must give priority to: (1) law enforcement agencies that employ peace officers whose primary duty is traffic enforcement; (2) smaller jurisdictions; and (3) municipal and county law enforcement agencies. (b) The Department of Public Safety shall collaborate with an institution of higher education to identify law enforcement agencies that need funds or video and audio equipment for the purpose of installing video and audio equipment as described by Article 2.135(a)(1)(A). The collaboration may include the use of a survey to assist in developing criteria to prioritize funding or equipment provided to law enforcement agencies. (c) To receive funds or video and audio equipment from the state for the purpose of installing video and audio equipment as described by Article 2.135(a)(1)(A), the governing body of a county or municipality, in conjunction with the law enforcement agency serving the county or municipality, shall certify to the Department of Public Safety that the law enforcement agency needs funds or video and audio equipment for that purpose. (d) On receipt of funds or video and audio equipment from the state for the purpose of installing video and audio equipment as described by Article 2.135(a)(1)(A), the governing body of a county or municipality, in conjunction with the law enforcement agency serving the county or municipality, shall certify to the Department of Public Safety that the law enforcement agency has installed video and audio equipment as described by Article 2.135(a)(1)(A) and is using the equipment as required by Article 2.135(a)(1). Added by Acts 2001, 77th Leg., ch. 947, Sec. 1, eff. Sept. 1, 2001. Art. 2.138. RULES. The Department of Public Safety may adopt rules to implement Articles 2.131-2.137. Added by Acts 2001, 77th Leg., ch. 947, Sec. 1, eff. Sept. 1, 2001.


Art. 2.1385. CIVIL PENALTY. (a) If the chief administrator of a local law enforcement agency intentionally fails to submit the incident-based data as required by Article 2.134, the agency is liable to the state for a civil penalty in the amount of $1,000 for each violation. The attorney general may sue to collect a civil penalty under this subsection. (b) From money appropriated to the agency for the administration of the agency, the executive director of a state law enforcement agency that intentionally fails to submit the incident-based data as required by Article 2.134 shall remit to the comptroller the amount of $1,000 for each violation. (c) Money collected under this article shall be deposited in the state treasury to the credit of the general revenue fund. Added by Acts 2009, 81st Leg., R.S., Ch. 1172 (H.B. 3389), Sec. 29, eff. September 1, 2009. Text of article as added by Acts 2015, 84th Leg., R.S., Ch. 516 (H.B.1036), Sec. 1 For text of article as added by Acts 2015, 84th Leg., R.S., Ch. 1124 (H.B. 3791), Sec. 1, see other Art. 2.139.

Texas Code of Criminal Procedures: 2.131 – 2.138: Retrieved December 29th, 2015 from the World Wide Web: http://www.statutes.legis.state.tx.us/Docs/CR/htm/CR.2.htm#2.131

http://www.statutes.legis.state.tx.us/Docs/CR/htm/CR.2.htm#2.131


Responding to the Law Pflugerville ISD Police Department Policy on Racial Profiling Pflugerville ISD Police Department 2.33 RACIAL PROFILING POLICY 2.33.01 PURPOSE The purpose of this policy is to gather data to comply with racial profiling legislation. This is to reaffirm the Pflugerville ISD Police Departments commitment to unbiased policing in all its encounters between officers and any person; to reinforce procedures that serve to ensure public confidence and mutual trust through the provision of services in a fair and equitable fashion; and to protect our officers from unwarranted accusations of misconduct when they act within the dictates of departmental policy and the law. 2.33.02 POLICY .1 It is the policy of this department to police in a proactive manner and to aggressively investigate suspected violations of the law. Officers shall actively enforce state and federal laws in a responsible and professional manner. .2 The Pflugerville ISD Police Department prohibits any profiling based on ethnic background, gender, sexual orientation, religion, economic status, age, cultural group, national origin, or any other identifiable group. .3 This department strictly prohibits officers from engaging in racial profiling. Officers will ensure that the stopping, detaining, arresting, or frisking and/or searching of residents is based upon solid legal principles that conform to their training in arrest, search and seizure. Police action must be based upon credible information known to the officer, which leads him / her to believe that an individual is, has been, or is about to be engaged in activity which is in violation of the law. Any other motivation for such actions is strictly prohibited. Racial profiling is an unacceptable patrol tactic and will not be condoned. .4 This policy shall not preclude officers from offering assistance, such as upon observing a substance leaking from a vehicle, a flat tire, or someone who appears to be ill or confused. Nor does this policy prohibit stopping someone suspected of a crime based upon observed actions and or information received about the person.


2.33.03 VIOLATION OF THIS POLICY - An officer found in violation to this policy shall face disciplinary action up to and including termination. 2.33.04 CITIZEN COMPLAINTS .1 Employees shall never attempt to dissuade any citizen from lodging a complaint. Employees may attempt to resolve the complaint, but if they cannot readily resolve the complaint, promptly and courteously refer the citizen to the appropriate person or department. Written, verbal and E-mailed complaints will be taken, written complaints are preferred. All employees will report any allegation of racial profiling to their supervisor before the end of their shift. .2 All complaints will be conducted in a thorough and timely manner as prescribed in policy. .3 If there is a departmental video or audio recording of the events upon which a complaint of racial profiling is based, upon commencement of an investigation by this department into the complaint and written request of the officer made the subject of the complaint, this department shall promptly provide a copy of the recording to that officer. 2.33.05 USE OF VIDEO AND AUDIO EQUIPMENT .1 Each motor vehicle regularly used by this department to make traffic and pedestrian stops is equipped with a video camera and transmitter-activated equipment. Officers will utilize this equipment on every call for service including traffic stops, pedestrian stops, arrests, and contacts with the public in their official capacity. Equipment that is inoperable or becomes inoperable on shift shall be immediately reported to a supervisor and the unit will be exchanged for a unit that is fully operational. .2 Supervisors will ensure officers of this department are recording their traffic and pedestrian stops. A supervisor will review a recording of each officer at least once (more reviews are encouraged) every 28 days. .3 This department shall retain the video of each traffic and pedestrian stop for at least ninety (90) days after the date of the stop. If a complaint is filed with this department alleging that one or our officers has engaged in racial profiling with respect to a traffic or pedestrian stop, this department shall retain the video of the stop until final disposition of the complaint. 2.33.06 Citation Data Collection and Reporting .1 An officer is required to collect information relating to traffic stops in which a citation is issued or an arrest is made. A Citation, a Warning Citation or a Field Interview Card will be issued on every traffic or pedestrian stop initiated by officers and every stop that is capable of being recorded by video and audio, as


appropriate, is recorded, and must include the following information. .01 The violators race or ethnicity; .02 Whether a search was conducted; .03 Was the search consensual; .04 If the race or ethnicity of the driver was known prior to the stop. .05 Was an arrest made for this cited violation or any other violation; .2 The department shall submit a report to the Board of Trustees and Texas Commission on Law Enforcement (TCOLE) on or before March 1st for the preceding calendar year of the results of the reported statistics. The report will include: .01 A breakdown of citations by race or ethnicity; .02 Numbers of citations that resulted in a search; .03 Number of searches that were consensual; .04 Number of custodial arrest for the cited violation or any other violations. .05 All data included in above section 2.33.07.01 .06 All requirements of Texas C.C.P. 2.132 for TIER 1 reporting as outlined in C.C.P. 2.135 .3 The supervisors will review stop data on a monthly basis. This includes reviewing, citations, and reports. 2.33.07 PUBLIC EDUCATION - This department will inform the public of its policy against racial profiling and the complaint process. Methods that may be utilized to inform the public are the news media, city newsletters, service or civic presentations, the Internet, as well as governing board meetings. Additionally, information will be made available as appropriate in languages other than English. 2.33.08 TRAINING .1 Officers are responsible to adhere to all Texas Commission on Law Enforcement (TCOLE) training and the Law Enforcement Management Institute of Texas (LEMIT) requirements as mandated by law. .2 All officers shall complete a TCOLE training and education program on racial profiling as required by law. 2.33.09 Public Education/Press Release The standard press release required by law is below. Other variations may exist on other formats.


2.33.10 Search Reporting Form .1 Every search or arrest that is made on a traffic stop will be documented on search reporting form. .2 The officer will complete the form and turn it into their immediate supervisor. .3 The supervisor will review and proof to make sure the form is completed correctly. After reviewing the supervisor will sign the form and return it to the reporting officer. .4 The officer will turn the form into Communications for data entry. .5 After Communications enters the data from the form it will be sent to the ISD Chief’s office for filing. .6 At the end of each calendar year the search forms will be turned into Central Records for record retention by the ISD Chief. 2.33.11 Traffic stops based on call for service. .1 If you make a stop based on a call for service and you make an arrest then you will have to document the stop on a CITATION form and a warning will be entered into the records system with a racial profiling entry attached. The warning will be turned into records for filing. In the warning section write what they were stopped for. You do not have to do a warning citation if you issue a citation for any violations. 2.33.12 Racial Profiling Entries. .1 Officers who make a traffic stop and issue a citation, make an arrest or conduct a search shall be responsible for ensuring a racial profiling entry is added to the citation in the records management system. Warnings only do not need a racial profiling entry, but must be turned into records for filing.


Pflugerville ISD Police Department Compliance with Senate Bill 1074 Pflugerville ISD Police Department and Texas Law Enforcement Agencies Comply with Senate Bill 1074 Racial Profiling The Pflugerville ISD Police Department supports the 77th Texas Legislature’s mandate prohibiting racial profiling in Texas. Our police officers work under a departmental policy that is consistent with all state and federal laws. The policy includes provisions for citizens to contact us if they have a conflict with a (n) police officer. The Pflugerville ISD Police Department realizes that there will be disagreements, from time to time, with individuals who come in contact with our officers. We realize that confusion, different perceptions or possibly the timeliness of information could result in information that may produce different accounts of the same incident. These disagreements between citizens and officers need to be addressed. We trust that the vast majority of contacts between citizens and officers are conducted in a positive, professional manner. The relationship between the community and our officers is based on confidence and trust. We cannot be effective without both the community and our officers working together to achieve this goal. Citizens feeling that they have a legitimate concern may make a formal complaint to the Pflugerville ISD Police Department at any time by contacting any member of this department for information on the complaint process. Additional information about this process may be obtained by calling us at (512) 670-5551 and asking for a supervisor or by accessing our department via E-mail at [email protected]. The Pflugerville ISD Police Department would like to know about positive police contacts. Please write or E-mail the Chief a letter or note to let him know about a positive contact with our officers. Chief Petherbridge will let the officer know about your letter and a copy will be placed in the officer’s personnel folder. We are very proud of the relationship the Pflugerville ISD Police Department shares with our community and we look forward to hearing from you. Patrick Petherbridge Chief of Police Pflugerville ISD Police Department

mailto:[email protected]


Public Information The Process of Filing a Racial Profiling Complaint with the Pflugerville ISD Police Department Complaint Process: Informing the Public and Addressing Allegations of Racial Profiling Practices One of the requirements of the Texas Racial Profiling Law is that police agencies provide information to the public regarding the manner in which to file a racial profiling complaint. In an effort to comply with this particular component, the Pflugerville ISD Police Department launched an educational campaign aimed at informing the public on issues relevant to the racial profiling complaint process. The police department made available, in the lobby area, information relevant to filing a complaint on a racial profiling violation by a Pflugerville ISD Police officer. Complaint forms are available in the records division and communications area, which are open twenty-four hours a day, seven days a week. Complaint forms and instructions for filing a complaint are posted on the Pflugerville ISD Police Department web pages, which are hosted by the Pflugerville Police Department. It is believed that through these efforts, the community has been properly informed of the new policies and the complaint processes relevant to racial profiling.


Report on Complaints Report on Complaints The following table contains data regarding officers that have been the subject of a complaint, during the time period of 01/01/2016 --- 12/31/2016, based on allegations outlining possible violations related to the Texas Racial Profiling Law. The final disposition of the case is also included. Complaints Filed for Possible Violations of the Texas Racial Profiling Law:

Additional Comments: No complaints of racial profiling were received during calendar year 2017. The Pflugerville ISD Police Department did not receive any complaints against any members of its police force, for having violated the Texas Racial Profiling Law during the time period of January 1, 2017 to December 31, 2017.


Pflugerville ISD Police Department Tier 1 Data Submitted to T.C.O.L.E. TIER 1 - PARTIAL EXEMPTION RACIAL PROFILING REPORT Agency Name: Pflugerville ISD Police Department Reporting Date: January 17, 2017 TCOLE Agency Number: 453902 Chief Administrator: Patrick Petherbridge Agency Contact: 512.670.5556 Information: Email: [email protected] Mailing Address: Pflugerville ISD Police Department 1611 E. Pfennig Lane Pflugerville, Texas 78660 This Agency claims partial racial profiling report exemption because: Our vehicles which conduct motor vehicle stops are equipped with video and audio equipment and we maintain videos of the stops for a period of ninety (90) days. Certification to This Report 2.132 (Tier 1) – Partial Exemption Article 2.132(b) CCP Law Enforcement Policy on Racial Profiling PFLUGERVILLE ISD 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 PFLUGERVILLE ISD

POLICE DEPARTMENT from engaging in racial profiling;

Page 1 of 3 Submitted Electronically to the Texas Commission on Law Enforcement

mailto:[email protected]


(3) Implements a process by which an individual may file a complaint with the PFLUGERVILLE ISD POLICE DEPARTMENT if the individual believes that a peace officer employed by the PFLUGERVILLE ISD POLICE DEPARTMENT has engaged in racial profiling with respect to the individual;

(4) Provides public education relating to the agency’s complaint process; (5) Requires appropriate corrective action to be taken against a peace

officer employed by the PFLUGERVILLE ISD POLICE DEPARTMENT who, after the investigation, is shown to have engaged in racial profiling in violation of the PFLUGERVILLE ISD POLICE DEPARTMENT’S policy adopted under this article.

(6) Require 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 person detained; (B) whether a search was conducted, and if so, whether the

individual detained consented to the search; and (C) whether the peace officer knew the race or ethnicity of the

individual detained before detaining the individual; and (7) Require 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 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.

I certify these policies are in effect. Executed by: PATRICK PETHERBRIDGE Chief Administrator PFLUGERVILLE ISD POLICE DEPARTMENT Date: January 17, 2018



PFLUGERVILLE ISD POLICE DEPARTMENT Motor Vehicle Racial Profiling Information Number of Motor Vehicle Stops:

1. 76 citation only 2. 0 arrest only 3. 3 both

4. 79 TOTAL (Lines 4, 11, 14 and 17 must be equal)

Race or Ethnicity:

5. 9 African 6. 5 Asian 7. 23 Caucasian 8. 37 Hispanic 9. 5 Middle Eastern 10. 0 Native American

11. 79 TOTAL (Lines 4, 11, 14 and 17 must be equal)

Race or Ethnicity Known Prior to the Stop? 12. 0 Yes

13. 79 No 14. 79 TOTAL (Lines 4, 11, 14 and 17 must be equal)

Search Conducted? 15. 3 Yes 16. 76 No 17. 79 TOTAL (Lines 4, 11, 14 and 17 must be equal) Was Search Consented? 18. 0 Yes 19. 3 No 20. 3 TOTAL (Must equal line 15)


racial profiling report · 2018-01-18 · racial profiling report isfiled with the texas commission...

Documents