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.
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Resolution #00083 April 13, 2000
The Chairperson referred the resolution to the Public Services Committee. There were no
objections.
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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