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HomeMy WebLinkAboutResolutions - 1999.08.19 - 25619Miscellaneous Resolution # 99 223 BY: Commissioner Eric Coleman, District #21 RE: Ending Practice of Racial Profiling TO: Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS, One of the core principles of the Fourth Amendment is that the police cannot stop and detain an individual without some reason - probable cause, or at least reasonable suspicion - to believe that he or she is involved in criminal activity; and WHEREAS, a method of violating civil liberties was first made public during hearings of the National Advisory Commission on Civil Disorders ("The Kerner Commission") in the fall of 1967 where more than 130 witnesses testified about the events leading up to the urban riots that had taken place in 150 cities the previous summer. One of the complaints that came up repeatedly was "the stopping of Negroes on foot or in cars without obvious basis;" and WHEREAS, the American Civil Liberties Union and other organizations have documented testimony from across the nation that the practice of "racial profiling" still exists today. Both anecdotal and quantitative data show that police are exercising their discretionary power to make unwarranted traffic stops primarily against African Americans and Latinos; and WHEREAS, fighting crime is surely a high priority. But it must be done without damaging other important values: the freedom of law abiding citizens to go about their own business without unwarranted police interference and the right to be treated equally before the law, without regard to race or ethnicity. "Driving while black" assails these basic American ideals. And unless the problem is addressed, all of us - not just people of color - stand to lose; and WHEREAS, addressing the problem -- whether a reality or the perception -- of law enforcement officers using "racial profiling" to effectuate a traffic stop will require a multi-faceted effort. Legislation at the federal and state levels and local voluntary efforts advance the momentum to collect accurate data on the problem in an effort to rein in overzealous - and sometimes illegal - law enforcement practices; and WHEREAS, In April 1999, Congressman John Conyers reintroduced the Traffic Stops Statistics Study Act (HR 1443), sponsored in the Senate (S.821) Frank Lautenberg (D-NJ) and Russell Feingold (D-WI). Passage of the Act should be viewed as a first step toward addressing a difficult problem. While it does not regulate traffic stops, set standards for them, or require implementation of particular policies, it does require the gathering of solid, comprehensive information, so that discussion the problem might move beyond the question of whether or not the problem exists, to the question of how to fix the problem. Mr. Chairperson, we move the ado • tion of the foregoing Resolution. IA Commissioner Eric Coleman 7/2 nN‘,--eLo4 NOW THEREFORE BE IT RESOLVED THAT the Oakland County Board of Commissioners does hereby support the passage of H.R. 1443 an S. 821, cited as "Traffic Stops Statistics Study Act of 1999;" and BE IT FURTHER RESOLVED THAT the Oakland County Board of Commissioners does hereby encourage the Oakland County Sheriff and all local law enforcement units with jurisdictions within Oakland County to voluntarily begin to collect race data on traffic stops; and BE IT FURTHER RESOLVED THAT the Oakland County Board of Commissioners does hereby encourage the Oakland County Sheriff and all local law enforcement units with jurisdictions within Oakland County to provide personnel with cultural sensitivity and diversity training, especially specialized courses that are approved by the Michigan Commission on Law Enforcement Standards; and BE IT FURTHER RESOLVED THAT the Oakland County Board of Commissioners does hereby authorize a Public Hearing to be held to allow both citizens and law enforcement representatives to voice their concerns regarding racial profiling and the future collection of race data during traffic stops; and BE IT FINALLY RESOLVED that copies of this resolution be forwarded to Oakland County federal and state legislators, the Governor, the President, the Michigan Association of Counties, the National Association of Counties, and to Oakland County's legislative agents. Miscellaneous Resolution # 99 BY: Commissioner Eric Coleman, District #21 RE: Ending Practice of Racial Profiling TO: Oakland County Board of Commissioners Resolution #99223 August 19, 1999 The Chairperson referred the resolution to the General Government Committee. There were no objections.