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HomeMy WebLinkAboutResolutions - 2000.05.18 - 26125REPORT (Misc. #00083) May 18, 2000 BY: Public Services Committee, Frank H. Millard, Chairperson IN RE: MR #00083 - BOARD OF COMMISSIONERS - RACIAL PROFILING To The Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: The Public Services Committee, having reviewed the above referenced resolution on May 9, 2000, reports with the recommendation that the resolution be adopted with the following amendments. - Insert the words " and ethnic" between the words " racial" and "profiling" in every instance where it appears in the resolution, including the title. - Strike the third WHEREAS paragraph. - Amend the fourth WHEREAS to strike the words " (Sheriff's Department)" . - Amend the NOW THEREFORE BE IT RESOLVED paragraph as follows: NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners does hereby eenga1.1a44 COMMEND law enforcement AGENCIES IN OAKLAND COUNTY for THEIR efforts TO DATE to eradicate actual or perceived racial profiling in police work and further supports local police agency efforts to condemn any and all discriminatory practices. - Amend the second BE IT FURTHER RESOLVED paragraph as follows: BE IT FURTHER RESOLVED that the Oakland County Board of Commissioners does encourage POLICE (Sheriff'c) DEPARTMENTS WHICH CURRENTLY LACK SUCH REGULATIONS, RULES, PROCEDURES AND PRACTICES eed—eepieer-t—a-l-l—law—eaege.r...e4emeee. off icialc to forthwith implement and enforce regulations, rules, procedures and practices that prevent and prohibit racial profiling, for police (Sheriff'c) departmentc which currently lack cuch regulationc, rulec, pr-sa&du.r.46.-and-pr-a.e44-oes.,- - Amend the third BE IT FURTHER RESOLVED paragraph by inserting " TO INFORM AND, WHERE APPROPRIATE," following the word " encouraged" . - Delete the fourth BE IT FURTHER RESOLVED paragraph and insert the following: BE IT FURTHER RESOLVED that the Board of Commissioners supports passage of Federal, State and local legislation supporting the collection of appropriate data as it pertains to this resolution. - Amend the fifth BE IT FURTHER RESOLVED paragraph as follows: BE IT FURTHER RESOLVED that the Board of Commissioners supports the passage of Federal, State and local legislation that PROVIDES RESOURCES FOR -444;144-1-r-4ee—the Department of Justice AND/OR ac well ac state and territorial attorneys general, to undertake a study whether, how and the degree to which race racial and ethnic based profiling or other methods that disproportionately target or affect persons of color are being employed by Federal, State, local and territorial law enforcement authorities in PUBLIC SERVICES COMMITTEE VOTE: Motion carried unanimously on a roll call vote with Patterson absent. conducting traffic stops and se'arches, and to the extent such practices are being employed, to identify the most efficient and effective method of ending all such practices. Chairperson, on behalf of the Public Services Committee, I move acceptance of the foregoing report. a PUBLIC SERVICES COMMITTEE April 13, 2000 Miscellaneous Resolution # 00083 _ BY: Commissioner Eric Coleman, District #21 RE: Board of Commissioners — Racial Profiling TO: Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS, racial profiling is recognized as an improper, illegal and insidious method of pursuing legitimate law enforcement objectives; and WHEREAS, after investigation, it appears that the leadership of various police and public safety departments actively opposes racial profiling; and WHEREAS, all police departments or public safety departments in Oakland County have complaint procedures in place to address public concerns regarding police conduct; and WHEREAS, the police departments in Oakland County (Sheriffs Department) are generally, and genuinely, committed to ending any actual or perceived racial profiling by any of its managers, officers, deputies, or staff; and WHEREAS, the Oakland County Board of Commissioners supports initiatives that would end any actual or perceived racial profiling as part of law enforcement activities in Oakland County and will actively participate in opposing any activities that constitute racial profiling. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners does hereby congratulate law enforcement for its efforts to eradicate actual or perceived racial profiling in police work and further supports local police agency efforts to condemn any and all discriminatory practices; and BE IT FURTHER RESOLVED that the Oakland County Board of Commissioners does encourage and support continued efforts by all law enforcement officials to participate in training and to train and educate its staff and officers in anti-discriminatory police practices that prevent and prohibit racial profiling; and BE IT FURTHER RESOLVED that the Oakland County Board of Commissioners does ncourage and support all law enforcement officials to forthwith implement and enforce regulations, rules, procedures and practices that prevent and prohibit racial profiling for police (Sheriffs) departments which currently lack such regulations, rules, procedures and practices. Chairperson, I move the adoption of the, BE IT FURTHER RESOLVED that any member of the public who believes that he or she has been subject to racial profiling or other discriminatory practices by a police officer in Oakland County is encouraged to file a clear and well-drafted complaint, or, complain in person to the Chief of Police/Director of Public Safety of the agency/department in question. BE IT FURTHER RESOLVED that the Board of Commissioners supports passage of federal, state, and local legislation requiring the systematic collection of and annual reporting to the United States Department of Justice and the appropriate state or territorial attorneys general the following data, by all federal, state, local and territorial law enforcement agencies that engage in traffic stops. (1) the race and ethnicity of each person stopped by law enforcement officials; (2) the alleged traffic infraction that led to the stop; (3) whether a search was instituted as a result of the stop; (4) whether the vehicle, personal effects, driver, passenger and/or passengers were searched; (5) the legal basis for the search; (6) whether contraband was discovered in the course of the search; (7) the nature and amount of any contraband found; and (8) whether an arrest was made or citation or warning issued as a result of either the stop or the search. BE IT FURTHER RESOLVED that the Board of Commissioners supports the passage of federal, state and local legislation that requires the Department of Justice as well as state and territorial attorneys general, to undertake a study using the data collected and reported pursuant to the legislation described above and such other information as may be gathered by or reported to them, to determine whether, how and the degree to which race-based profiling or other methods that disproportionately target or affect persons of color are being employed by federal, state, local and territorial law enforcement authorities in conducting traffic stops and searches, and to the extent such practices are being employed, to identify the most efficient and effective method of ending all such practices. 1/7 1*--e 4/r 94-z-ca-t-e040.7,7z- • Adigi 2- 1/171'‘ Resolution #00083 April 13, 2000 The Chairperson referred the resolution to the Public Services Committee. There were no objections. wo;po–oea,voJpiod* tho loyal bacic for tho coaroh, oithor tho ctop or tho coaroh. BE IT FURTHER RESOLVED that the Board of Commissioners supports the passage of Federal, State and local legislation supporting the collection of appropriate data as it pertains to this resolution. BE IT FURTHER RESOLVED that the Board of Commissioners supports the passage of Federal, State and local legislation that provides resources for iquoo the Department of Justice and/or ac woll ac state and territorial attorneys general, to undertake–a study whether, how and the degree to which raco–racial and ethnic—based profiling or other methods that disproportionately target or affect persons of color are being employed by Federal, State, local and territorial law enforcement authorities in conducting traffic stops and searches, and to the extent such practices are being employed, to identify the most efficient and effective method of ending all such practices. Chairperson, I move the adoption of the foregoing resolution. Eric Coleman, Brenda Causey-Mitchell, Michelle Friedman Appel, George Suarez, Vincent Gregory, David N. Galloway, Ruel McPherson, Ron Colasanti, John P. Garfield, Terry Sever, Frank H. Millard, Jr. The Chairperson referred the resolution to the Public Services Committee. There were no objections. • 4-54 Resolution #00083 May 18, 2000 Moved by Millard supported by Coleman the Public Services Committee Report be accepted. A sufficient majority having voted therefor, the report was accepted. Moved by Millard supported by Coleman the resolution be adopted. Moved by Millard supported by Coleman the resolution be amended to coincide with the recommendation in the Public Services Committee Report. Discussion followed. A sufficient majority having voted therefor, the amendment carried. Vote on resolution, as amended: AYES: Melton, Millard, Moffitt, Schmid, Sever, Suarez, Amos, Appel, Causey-Mitchell, Colasanti, Coleman, Dingeldey, Douglas, Galloway, Garfield, Gregory, Jensen, Law, McCulloch, McPherson. (20) NAYS: Palmer. (1) A sufficient majority having voted therefor, the resolution, as amended was adopted. STATE OF MICHIGAN) COUNTY OF OAKLAND) I, G. William Caddell, Clerk of the County of Oakland, do hereby certify that the foregoing resolution is a true and accurate copy of a resolution adopted by the Oakland County Board of Commissioners on May 18, 2000 with the original record thereof now remaining in my office. In Testimony Whereof, I have hereunto set my hand and affixed the seal of the County of Oakland at Pontiac, Michigan this 18t1), day 9f May, 2000. 6 G. William Caddell, County Clerk