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
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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.