Racial Profiling Policy

I Policy

It is the policy of the Independence Police Department to treat all persons having contact with this agency in a fair, equitable, and objective manner, in accordance with law, and without consideration of their race, ethnicity, national origin, gender, religious dress or other individual characteristics.

II Purpose

To emphasize this agency’s commitment to unbiased, equitable treatment of all persons in enforcing state law, city ordinances and traffic violations, and all other law enforcement services.

III Definitions:

A. “ Racial Profiling ” means the practice of a law enforcement officer or agency relying, as the sole factor, on race, ethnicity, national origin, gender or religious dress in selecting which individuals to subject to routine investigatory activities, or in deciding upon the scope and substance of law enforcement activity following the initial routine investigatory activity. Racial profiling does not include reliance on such criteria in combination with other identifying factors when the law enforcement officer or agency is seeking to apprehend a specific suspect whose race, ethnicity, national origin, gender or religious dress is part of the description of the suspect.

B. “ Routine Investigatory Activities ” includes, but is not limited to, the following activities conducted by law enforcement employees and agencies in conjunction with traffic stops:

(1) Frisks and other types of body searches.

(2) Consensual or nonconsensual searches of persons or possessions, including vehicles, dormitory rooms, school lockers, homes and apartments.

C. “ Law Enforcement Officer ” has the meaning ascribed thereto in KSA 74-5602 amendments thereto.

D. “ Law Enforcement Employee ” means any employee of the department, commissioned or non-commissioned.

E. “ Law Enforcement Agency ” means the governmental unit employing the law enforcement officer or employee.

F. “ Governmental Unit ” means the state or any county, city or other political subdivision thereof, or any department, division, board or other agency of any of the foregoing.

IV Procedure:

All employees of the Independence Police Department shall be required to attend annual education training which shall include, but not be limited to, an understanding of the historical and cultural systems that perpetuate racial profiling, assistance in identifying racial profiling practices, and providing officers with self-evaluation strategies to preempt racial profiling prior to stopping a citizen.

If, upon completion of an appropriate investigation by the department, it is determined that an employee of the Independence Police Department has directly violated the Independence Police Department Policy prohibiting Racial Profiling and Commitment to Unbiased Law Enforcement Conduct, the Independence Police Department shall initiate appropriate disciplinary action consistent with applicable laws, rules and regulations, including suspensions or termination of employment of the employee from the Independence Police Department.

The Independence Police Department shall engage in ongoing efforts to notify the public of the existence of this policy and shall endeavor to make the public aware of each individual’s right to file a complaint with the Independence Police Department or the Kansas Human Rights Commission regarding incidents of alleged Racial Profiling.

The Independence Police Department shall engage in ongoing efforts to notify the public of the process for making a complaint to the Independence Police Department on incidents of Racial Profiling alleged to have been committed by employees of the Independence Police Department or the Independence Police Department as a whole.

Such complaints may be made by delivering a written statement, signed by the complaining party or parties, to the Chief of Police or by utilizing the complaint process in effect for all other complaints against the agency or its personnel which is found in sections 1-9 of the Independence Police Department Policy and Procedure Manual.

Upon reading this policy, every employee of the Independence Police Department will read and sign the below document to show that the employee has read and understands the departments policy on Racial Profiling. When completed the form will become part of the employees personnel file.