racial profiling report 2017 · racial profiling –a law enforcement-initiated action based on an...

Texas A&M University-Kingsville

Police Department

Racial Profiling Report 2017

Felipe Garza

Director, Public Safety/Chief of Police


Traffic Stop Information Compiled by: Sergeant Andres Hernandez

POLICE DEPARTMENT

MSC 126 • KINGSVILLE, TEXAS 78363

PHONE 361-593-2611 • FAX 361-593-2583

February 19, 2018

Dr. Steven H. Tallant

President


700 University Boulevard, MSC101

Kingsville, Texas 78363

Dear President Tallant:

The Texas A&M University–Kingsville police department, in accordance with the Texas Racial

Profiling Law, has been collecting police traffic stop contact data for the purpose of identifying

and responding, if necessary, to concerns regarding racial profiling. I believe that this report will

serve as evidence that the Texas A&M University-Kingsville Police Department continues to

strive toward the goal of maintaining strong relations with the University community.

The Texas A&M University-Kingsville Police Department has adopted a policy which prohibits

the practice of racial profiling among its officers.

This report provides statistical data relevant to the public contacts made during the period of

January 1, 2017 through December 31, 2017. The information has been analyzed and compared

to other statistical data of residents residing in Kingsville, Kleberg County, Texas and the student

population of Texas A&M University-Kingsville, Fall 2017.

The 85th Legislature, 2017 Regular Session, passed HB 3051 (effective on September 1, 2017),

amending the Code of Criminal procedure, Article 2.132 (a)(3) and Transportation Code, Section

2, Section 543.202(a), to change the official race or ethnicity categories tracked by the state as

follows: "Race or ethnicity" means the following categories: (A) Alaska native or American

Indian; (B) Asian or Pacific Islander; (C) black; (D) white; and (E) Hispanic or Latino. These

changes are included in the report.

The number of traffic stops decreased in 2017 from previous years, there does not appear to be a

trend that would indicate a racial profiling problem.

Sincerely,

Felipe E. Garza


cc: Dr. Terisa Riley, SVPSA&UA/Texas Commission on Law Enforcement

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TAMUK Police Department

Mission Statement

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Mission Statement

The mission of Texas A&M University-Kingsville is to develop well-rounded leaders and

critical thinkers who can solve problems in an increasingly complex, dynamic and global

society. Located in South Texas, the university is a teaching, research and service

institution that provides access to higher education in an ethnically and culturally diverse

region of the nation. Texas A&M-Kingsville offers an extensive array of baccalaureate

and master's degrees, and selected doctoral and professional degrees in an academically

challenging, learner-centered and caring environment where all employees contribute to

student success.

Texas A&M University-Kingsville Division of Student Affairs and

University Administration

Mission Statement

In the spirit of Javelina Pride, we support our University mission by effectively managing

resources and creating a positive campus experience.

Texas A&M University-Kingsville Police Department

Mission Statement

The Mission of the Texas A&M University-Kingsville Police Department is to provide a

safe campus that is conducive to a learning, living, teaching, and working environment by

providing quality police service and a secure campus for all students and the University

community.

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Police Department

Bias Based Profiling Policy

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TEXAS A&M UNIVERSITY –

KINGSVILLE

POLICE DEPARTMENT

General Order 100.11 Biased Based Profiling

Effective Date:

October 1, 2016 Replaces: Racial Profiling

Approved: ________Felipe Garza_________________

Director of Public Safety/Chief of Police

Reference: TBP 2.01, Texas Code of Criminal Procedure,

Chapter 2, Articles 2.131 – 2.138 and 3.05

I. Policy Statement

1. It is the policy of this department to police in a proactive manner and to

actively investigate suspected violations of law. Officers shall actively enforce

state and federal laws in a responsible and professional manner, without

regard to race, ethnicity or national origin. Officers are strictly prohibited from

engaging in bias based profiling as defined in this policy. This policy shall be

applicable to all persons, whether drivers, passengers or pedestrians.

2. This department prohibits any profiling based on ethnic background, gender,

sexual orientation, religion, economic status, age, cultural group, or any other

identifiable group. (TBP 2.01)

3. Officers shall conduct themselves in a dignified and respectful manner at all

times when dealing with the public. Two of the fundamental rights guaranteed

by both the United States and Texas constitutions are equal protection under

the law and freedom from unreasonable searches and seizures by government

agents. The right of all persons to be treated equally and to be free from

unreasonable searches and seizures must be respected. Bias based profiling is

an unacceptable patrol tactic and will not be condoned.

4. This policy shall not preclude officers from offering assistance, such as upon

observing a substance leaking from a vehicle, a flat tire, or someone who

appears to be ill, lost or confused. Nor does this policy prohibit stopping

someone suspected of a crime based upon observed actions and/or information

received about the person.

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II. Purpose

The purpose of this policy is to reaffirm the Texas A&M University-Kingsville

Police Department’s commitment to unbiased policing in all its encounters

between officer and any person; to reinforce procedures that serve to ensure

public confidence and mutual trust through the provision of services in a fair and

equitable fashion; and to protect our officers from unwarranted accusations of

misconduct when they act within the dictates of departmental policy and the law.

III. Definitions – For the purpose of this policy, the following definitions apply:

1. Racial Profiling – A law enforcement-initiated action based on an individual’s

race, ethnicity, or national origin rather than on the individual’s behavior or on

information identifying the individual as having engaged in criminal activity.

2. Biased policing – stopping, detaining, searching, or attempting to search, or

using force against a person based upon his or her race, ethnic background,

gender, sexual orientation, religion, economic status, age, cultural group, or

any other identifiable group.

3. Race or Ethnicity – Of a particular decent, including Caucasian, African,

Hispanic, Asian, Middle Eastern or Native American.

4. Traffic Stop – A peace officer who stops a motor vehicle for an alleged

violation of a law or ordinance regulating traffic.

Racial profiling pertains to persons who are viewed as suspects or potential

suspects of criminal behavior. The term is not relevant as it pertains to witnesses,

complainants or other citizen contacts. The prohibition against racial profiling

does not preclude the use of race, ethnicity or national origin as factors in a

detention decision. Race, ethnicity or national origin may be legitimate factors in

a detention decision when used as part of an actual description of a specific

suspect for whom an officer is searching. Detaining an individual and conducting

an inquiry into that person’s activities simply because of that individual’s race,

ethnicity or national origin is racial profiling.

a. Examples of racial profiling include but are not limited to the

following:

1) Citing a driver who is speeding in a stream of traffic where

most other drivers are speeding because of the cited driver’s

race, ethnicity or national origin.

2) Detaining the driver of a vehicle based on the determination

that a person of that race, ethnicity or national origin is

unlikely to own or possesses that specific make or model of

vehicle.

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3) Detaining an individual based upon the determination that a

person of that race, ethnicity or national origin does not

belong in a specific part of town or a specific place.

b. A law enforcement agency can derive at two principles from the

adoption of this definition of racial profiling:

1) Police may not use racial or ethnic stereotypes as factors in

selecting whom to stop and search, while police may use race

in conjunction with other known factors of the suspect.

2) Law enforcement officers may not use racial or ethnic

stereotypes as factors in selecting whom to stop and search.

Racial profiling is not relevant as it pertains to witnesses, etc.

IV. Training

1. Officers are responsible to adhere to all Texas Commission on Law

Enforcement (TCOLE) training and the Law Enforcement Management

Institute of Texas (LEMIT) requirements as mandated by law.

2. All officers shall complete TCOLE training and education program on racial

profiling not later than the second anniversary of the date the officer is

licensed under Chapter 1701 of the Texas Occupations Code or the date the

officer applies for an intermediate proficiency certificate; whichever date is

earlier.

3. The chief of police, as part of the initial training and continued education for

such appointment, will be required to attend the LEMIT program on racial

profiling.

4. An individual appointed or elected as a police chief before the effective date

of this Act shall complete the program on racial profiling established under

Subsection (j), Section 96.641, Texas Education Code, as added by this Act.

V. Complaint Investigations

1. The department shall accept complaints from any person who believes he or

she has been stopped or searched based on ethnic background, gender, sexual

orientation, religion, economic status, age, cultural group, or any other

identifiable group. No person shall be discouraged, intimidated or coerced

from filing a complaint, nor discriminated against because he or she filed such

a complaint.

2. Any employee who receives an allegation of bias based profiling, including

the officer who initiated the stop, shall record the person’s name, address and

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telephone number, and forward the complaint through the appropriate channel

or direct the individual(s) how to do so in accordance with General Order

100.13 – Internal Investigations.

3. Investigation of a complaint shall be conducted in a thorough and timely

manner. All complaints will be acknowledged in writing to the initiator who

will receive disposition regarding said complaint within a reasonable period of

time. The investigation shall be reduced to writing and any reviewer’s

comments or conclusions shall be filed with the chief. When applicable,

findings and/or suggestions for disciplinary action, retraining, or changes in

policy shall be filed with the chief.

4. If a bias based profiling complaint is sustained against an officer, it will result

in appropriate corrective and/or disciplinary action, up to and including

termination.

5. If there is a departmental video or audio recording of the events upon which a

complaint of biased based profiling is based, upon commencement of an

investigation by this department into the complaint and written request of the

officer made the subject of the complaint, this department shall promptly

provide a copy of the recording to that officer.

VI. PUBLIC EDUCATION

This department will inform the public of its policy against biased based profiling

and the complaint process. Methods that may be utilized to inform the public are

the news media, service or civic presentations, the Internet, department website as

well as governing board meetings.

COLLECTION OF DATA AND REPORTING

1. An officer is required to collect information relating to traffic stops in which a

citation/written warning is issued. On the citation officers must include:

a. the race or ethnicity of the individual detained;

b. whether a search was conducted;

c. whether the individual detained consented to the search; and

d. whether the peace officer knew the race or ethnicity of the individual

detained before detaining that individual;

2. By March 1 of each year, the department shall submit a report to the President

of the University and TCOLE that includes the information gathered by the

citations from the preceding calendar year. The report will include:

a. A list of citations by race or ethnicity;

b. Number of citations that resulted in a search;

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c. Number of searches that were consensual; and

d. Number of citations that resulted in custodial arrest for this cited

violation or any other violation.

Texas A&M University – Kingsville Police Department

Personnel Complaint Form

Date: ________________

Complainant’s Full Name:

Complainant’s Address:

Telephone No:

Day & Date of alleged incidents(s):

Approximate time of alleged incidents(s):

Location where incident occurred:

If a person was arrested print name of arrested person: Arrested person’s address: Tele. No:

Indicate relationship of arrested person to complainant:

Name or other identifying information relating to the employee against whom the allegation(s) is/are being made:

Witness or Witnesses (if any)

Name of witness: Address of witness: Telephone No.:

Nature of Complaint(s) - Clearly indicate the nature of your complaint.

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(Use reverse side of the form if more space is needed.)

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(Nature of Complaint - cont’d)

Complainant Signature Witnessed By:

___________________________________ _________________________________________________

Signature of Complainant Date:

Copy Received:

_____ Complainant refused to affix signature

___________________________________

Employee Signature Date _____ Other (explain)

Response Waived:

__________________________________

Employee Signature Date

GOVERNMENT CODE

Section 614.022 Complaint to be in writing and Signed by Complainant.

To be considered by the head of a state agency or by the head of a fire or police department, the complaint must be: (1) in

writing and (2) signed by the person making the complaint.

Section 614.023 Copy of Complaint to be Given to Officer or Employee.

a) A copy of a signed complaint against a law enforcement officer, fire fighter or police officer shall be given to the

officer or employee within a reasonable time after the complaint is filed.

b) Disciplinary action may not be taken against the officer or employee unless a copy of the signed complaint is given

to the officer or employee.

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Training

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In compliance with the Texas Racial Profiling Law, the Texas A&M University-

Kingsville police department has required that all its officers adhere to State mandates

and the Texas Commission on Law Enforcement (TCOLE) requirements to comply with

the Texas Occupations Code, Chapter 1701, regarding the training and education

program on racial profiling.

Of the current TAMUK police department officers only one officer, who has been

employed for eight months, has not received the training.

Name Class Date Hours Academy

Bruce, Juan

Basic Police Academy 5/20/2011 NA Lower Rio Grande

Valley Police

Academy

Burris, Todd Combined Asset Forfeiture and

Racial Profiling

4/9/2002 8 Del Mar Regional

Police Academy

Cavazos, Morgan Racial Profiling 1/5/2013 7 TCOLE Online

Espitia. Miranda Basic Police Academy

Racial Profiling

9/8/2014 4 Rio Grande Valley

Police Academy

Flores, Ida Combined Asset Forfeiture 12/29/2015 6 OSS Academy

and Racial Profiling Online

Garza, Felipe Racial Profiling 1/16/2003 8 Bill Blackwood

LEMI of Texas

Gonzalez, Mateo Basic Police Academy

Racial Profiling


Police Academy

Gray, Michael

Combined Asset Forfeiture and

Racial Profiling

7/9/2010

8

Stephen F. Austin

UPD

Hernandez, Andres Racial Profiling 9/18/2009 7 TCOLE Online

Mendez, Andrew Racial Profiling 5/28/2014

2

Kleberg County

Sheriff's Office

Montes, Jesus Basic Police Academy

Racial Profiling


Police Academy

Rodriguez, Adam Combined Asset Forfeiture

and Racial Profiling

12/29/2015

6

OSS Academy

Online

Salinas, Vilma Racial Profiling 5/5/2013 7 TCOLE Online

Tijerina, David

Basic Police Academy

Racial Profiling

1/27/2014

4

Rio Grande Valley

Police Academy

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Organizational Chart

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Police Department

Organizational Chart 2017

Felipe E. Garza


PATROL DIVISION COMMUNICATIONS

SECTION

Katherine Chisholm-Webb

Office Manager Andres Hernandez

Sergeant Gabriel Gonzalez

Sergeant

Sonia Cavazos Communications Officer

Ricardo Chapa Communications Officer

Adam Rodriguez

Sergeant

Alexandria Deleon Communications Officer

Morgan Cavazos

Patrol Officer III Juan Bruce

Patrol Officer I

Miranda Espitia

Patrol Officer II

Mateo Gonzalez

Patrol Officer II

David Tijerina

Patrol Officer II

Vacant

Police Officer

Todd Burris

Lieutenant Vilma Salinas

Sergeant-Investigator

Maria R. Gonzalez Communications Officer

Ida Flores

Patrol Officer II

Michael Gray

Patrol Officer II

Jesus Montes

Patrol Officer II

PARKING ENFORCEMENT

VACANT

Parking Enforcement

Work Study

VACANT

Parking Enforcement

Work Study

Alejandro Segura

Parking Enforcement

Part Time

VACANT

Parking Enforcement

Part Time

INFORMATION TECHNOLOGY

Val Ramirez

IT Director

Ryan Webb

Patrol Officer III

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Police Department

Racial Profiling Data and Charts

2017

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Census Information Gender

Gender

Male % Female %

Texas 2010 12,472,198 49.6% 12,673,363 50.4%

25,145,561

Kleberg County

2010 16,373 51.0% 15,688 49.0%

32061

City of Kingsville

2010 13,316 50.8% 12,897 49.2%

26213

TAMUK Students

Fall 2017 (8674) 4,597

53.0% 4,077 47.0%

Fall 2015 (9207) 5,205 56.5% 4,002 43.5%

Fall 2014 (8687) 4,807 55.3% 3,880 44.7%

Fall 2013 (7730) 4,032 52.1% 3,698 47.9%

Fall 2012 (7234) 3,657 50.5% 3,577 49.5%


UPD STOPS by GENDER

Male Female

2017 Stops 158 61.0% 101 39.0%

2016 Stops 266 63.5% 97 36.5%

2015 Stops 405 70.06% 169 29.4%

2014 Stops 312 69.0% 140 31.0%

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Traffic Stops 2017 - Ethnicity

ETHNICITY

Texas A&M

University-

Kingsville

Term

1

Hispanic

2

White

3

Black

4

Asian

5

International

6

Native

Hawaiian

7

Native

American

Grand

Total

2017 Fall 5632 1228 407 83 1241 10 14 8674

Percentage 64.9% 14.1% 4.6% .96% 14.3% .01% .16%

20

Unknown

2015 Fall 5313 1373 478 83 1856 8 11 9207

Percentage 57.7% 14.9% 5.19% .90% 20.16% .09% .12%

41

Unknown

2014 Fall 4976 1437 470 78 1635 10 9 8687

Percentage 57.3% 16.5% 5.4% .90% 18.8% .12% .10%

72

Unknown

2013 Fall 4657 1507 470 65 809 11 16 7730

City of

Kingsville Hispanic White Black Asian Am. Indian Hawaiian/Pac

Middle

Eastern 26213

2010 Census 18716 5531 1153 708 183 26 0

Percentage 71.4% 21.1% 4.4% 2.7% 0.7% 0.1% 0.0%

Kleberg

County Hispanic White Black Asian Am. Indian Hawaiian/Pac

Middle

Eastern 32061

2010 Census 22495 3123 1201 751 196 37 0

Percentage 70.2% 9.7% 3.7% 2.3% 0.6% 0.1% 0.0%

Hispanic

White

African American

Black

Asian/Pacific

Islander

Native

American

Grand

Total

145 60 20 34 0 259

55.9% 23.1% 0.07% .13% 0%

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Tier 2 Data

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TIER 2 - FULL RACIAL PROFILING REPORT

Agency Name: TEXAS A&M UNIVERSITY-KINGSVILLE P. D.

Reporting Date: 02/19/2018

TCLEOSE Agency Number: 273005

Chief Administrator: FELIPE E. GARZA, JR.

Agency Contact Information:

Phone: 361-593-2611

Email: [email protected]

Mailing Address:

TEXAS A&M UNIVERSITY-KINGSVILLE P. D.

700 University Blvd., MSC126

Kingsville, TX 78363

This Agency filed a full report because:

Our agency has no motor vehicles with audio or video equipment.

Certification to This Report 2.132 (Tier 2) – Full Report Article 2.132(b) CCP Law

Enforcement Policy on Racial Profiling TEXAS A&M UNIVERSITY-KINGSVILLE

P.D. has adopted a detailed written policy on racial profiling.

Our policy:

1. clearly defines acts constituting racial profiling;

2. strictly prohibit peace officers employed by the TEXAS A&M UNIVERSITY-

KINGSVILLE P. D. from engaging in racial profiling;

3. implements a process by which an individual may file a complaint with the

TEXAS A&M UNIVERSITY-KINGSVILLE P. D. if the individual believes that

a peace officer employed by the TEXAS A&M UNIVERSITY-KINGSVILLE

P.D. has engaged in racial profiling with respect to the individual;

4. provides public education relating to the agency's complaint process;

5. requires appropriate corrective action to be taken against a peace officer

employed by the TEXAS A&M UNIVERSITY-KINGSVILLE P. D. who, after

an investigation, is shown to have engaged in racial profiling in violation of the

TEXAS A&M UNIVERSITY-KINGSVILLE P. D.'s policy adopted under this

article;

6. require collection of information relating to motor vehicle stops in which a

citation is issued and to arrests made as a result of those stops, including

information relating to:

a. the race or ethnicity of the individual detained;

b. whether a search was conducted and, if so, whether the individual

detained consented to the search; and

c. whether the peace officer knew the race or ethnicity of the individual

detained before detaining that individual; and

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7. require the chief administrator of the agency, regardless of whether the

administrator is elected, employed, or appointed, to submit an annual report of

the information collected under Subdivision 6 to:

a. the Texas Commission on Law Enforcement; and

b. the governing body of each county or municipality served by the agency,

if the agency is an agency of a county, municipality, or other political

subdivision of the state

I certify these policies are in effect.

Executed by: FELIPE E. GARZA, JR

Chief Administrator


Date: 02/19/2018

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Racial Profiling Information

Gender:

1. 101 Female

2. 158 Male

3. 259 Total (3, 10, 13, 18, 21, 40 and 51 must be equal)

Race or Ethnicity:

4. 20 African American/Black

5. 34 Asian/Pacific Islander

6. 60 White

7. 145 Hispanic

8. 0 Alaska Native/American Indian


Race or Ethnicity known prior to stop:

10. 0 Yes

11. 259 No


Reason for stop:

13. 0 Violation of law other than traffic

14. 0 Pre-existing knowledge (i.e. warrant)

15. 258 Moving Traffic Violation

16. 1 Vehicle Traffic Violation (Equipment, Inspection or Registration)


Search conducted:

18. 1 Yes

19. 0 No

20. 1 Total

Reason for search:

21. 1 Consent

22. 0 Contraband/evidence in plain sight

23. 0 Probable cause or reasonable suspicion

24. 0 Inventory search performed as result of towing

25. 0 Incident to arrest/warrant

26. 1 Total (must equal line 18)

Contraband discovered:

27. 1 Yes

28. 258 No


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Description of Contraband:

30. 0 Illegal drugs/drug paraphernalia

31. 0 Currency

32. 0 Weapons

33. 0 Alcohol

34. 0 Stolen property

35. 1 Other


Arrest result of stop or search:

37. 0 Yes

38. 259 No


Arrest based on:

40. 0 Violation of the Penal Code

41. 0 Violation of a Traffic Law

42. 0 Violation of City Ordinance

43. 0 Outstanding Warrant

Street address or approximate location of the stop:

44. 259 City Street

45. 0 US Highway

46. 0 County Road

47. 0 Private Property or Other

Written warning or a citation as a result of the stop:

48. 121 Yes

49. 138 No

50. 259 Total

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0

20

40

60

80

100

120

140

160

Male Female

Male, 158

Female, 101

TRAFFIC STOPS BY GENDER 2017

2034

60145

0 0

RACE/ETHNICITY 2017

African Asian Caucasian Hispanic Middle Eastern Native American

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TEXAS A&M UNIVERSITY-KINGSVILLE P. D. has submitted electronically the

analysis in PDF format required by 2.134 CCP(c) which contains:

1. a comparative analysis of the information compiled under Article 2.133 to:

a. evaluate and compare the number of motor vehicle stops, within the

applicable jurisdiction, of persons who are recognized as racial or ethnic

minorities and persons who are not recognized as racial or ethnic

minorities; and

b. examine the disposition of motor vehicle stops made by officers employed

by the agency, categorized according to the race or ethnicity of the

affected persons, as appropriate, including any searches resulting from

stops within the applicable jurisdiction; and

2. information relating to each complaint filed with the agency alleging that a peace

officer employed by the agency has engaged in racial profiling

I certify the analysis meets the above requirements.

Executed by: FELIPE E. GARZA, JR

Chief Administrator


Date: 02/19/2018 (Submitted electronically to the Texas Commission on Law Enforcement)

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Data Sheet

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Complaint Process

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Filing a Complaint with the

Texas A&M University-Kingsville Police Department

TEXAS A&M UNIVERSITY – KINGSVILLE POLICE

DEPARTMENT

General Order 100.13 Internal Investigations

Effective Date: October 1, 2016

Replaces: None

Approved: _________Felipe Garza________________

Director of Public Safety/Chief of Police

Reference: TBP: 2.04, 2.05, 2.09, 2.10

PURPOSE

To describe procedures for making complaints against all department personnel, for

investigating complaints, and to list and define the dispositions of complaints

PROCEDURES – GENERAL (TBP: 2.04)

1. Receipt of complaints

The department encourages any person to bring forward grievances

regarding misconduct by employees. Department members shall receive

all complaints courteously and shall handle them efficiently. All officers

are obligated to explain complaint procedures to anyone who inquires.

2. Responsibilities of supervisors

a. First-line supervisors are primarily responsible for enforcing

conformance with departmental standards and orders.

b. First-line supervisors shall know the officers in their charge by

closely observing their conduct and appearance.

c. First-line supervisors shall be alert to behavioral changes or

problems in their subordinates and, if necessary, document these

changes and confer with higher authorities. The first-line

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supervisor shall assess the behavior, and take or recommend

appropriate action.

d. The supervisor shall recommend and, if appropriate, help conduct

extra training for officers not performing according to established

standards.

e. The first-line supervisor shall employ counseling techniques

sanctioned by the department. Counseling is used to adjust and

correct minor, infrequent errors or instances of poor performance

and to ascertain the nature of any professional or personal problems

that bear on performance. The supervisor shall document all

instances of counseling.

3. How to make a complaint:

a. A copy of "How to Make a Complaint" will be posted in the public

area of the department, provided to media representatives, and may

be given to any person requesting information on how to make a

complaint.

b. Whenever possible – the complaint should be received on the

Department Personnel Complaint Form (see attachment)

4. Responsibility for handling complaints

All complaints alleging a violation of the law or policy will be

investigated. Complaints will usually be handled through the chain of

command, beginning with the first-line supervisor. Complaints involving

how service is provided or a failure to provide service or improper

attitudes or behavior may be investigated by an assigned supervisor, the

Lieutenant, or by the Chief of Police. Depending on the nature of the

complaint, the Chief of Police may request another Law Enforcement

agency to undertake the investigation. (TBP: 2.06)

5. Complaint-handling procedures

a. GARRITY WARNING – all members of this department shall be

notified of their Garrity rights. The below statement will be

inserted in any formal Internal Affairs Complaint Notification

Letter:

You are required to respond to all questions asked of you in

this administrative investigation. Further, you are required

to assist investigators with any information they should

request. If you fail or refuse to forthrightly answer any and

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all questions asked, you may be subject to disciplinary

action up to and including termination from employment.

However, in accordance with the United States Supreme

Court’s decision in Garrity v. New Jersey, 385 US 493

(1967); your statement, as well as any information gained

through your statement cannot be used against you in any

criminal proceeding.

You are further ordered not to discuss this internal

investigation with anyone other than your chain of

command or attorney, including but not limited to witnesses

or prospective witnesses. A violation of this order will be

considered an act of insubordination, which could result in

disciplinary action against you up to and including

termination from employment.

b. Texas Government Code – all complainants will be informed of the

appropriate Texas Government Code regarding complaints against

Peace Officers

Sec. 614.022 COMPLAINT TO BE IN WRITING AND

SIGNED BY COMPLAINANT to be considered by the head

of a state agency or by the head of a fire department or

local law enforcement agency, the complaint must be:

1) in writing; and

2) signed by the person making the complaint.

Sec. 614.023 COPY OF COMPLAINT TO BE GIVEN TO

OFFICER OR EMPLOYEE (a) A copy of a signed

complaint against a law enforcement officer of this state or

a fire fighter, detention officer, county jailer, or peace

officer appointed or employed by a political subdivision of

this state shall be given to the officer or employee within a

reasonable time after the complaint is filed.

1) Disciplinary action may not be taken against the

officer or employee unless a copy of the signed

complaint is given to the officer or employee.

2) In addition to the requirement of Subsection (b), the

officer or employee may not be indefinitely

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suspended or terminated from employment based on

the subject matter of the complaint unless:

a) the complaint is investigated; and

b) there is evidence to prove the allegation

of misconduct.

c. All complaints, regardless of nature, can be filed in person, by mail,

emailed, scanned or facsimile (faxed) or by phone at any time. As

part of the follow-up investigation, persons making complaints by

mail or phone normally shall be interviewed and a written, signed

complaint prepared. A signed letter of complaint will be accepted

as a signed complaint without requiring any specific form.

Anonymous complaints shall be followed up to the extent possible.

In case of an anonymous complaint, the officer or other person who

receives the anonymous complaint shall reduce the complaint to

writing in a memorandum with as much information as possible

and forward the report to the Chief of Police. There is nothing to

preclude the Chief of Police from being the complainant when

receiving complaints from the community where the reputation of

the University Police Department or the University is in question.

d. Every effort shall be made to facilitate the convenient, courteous,

and prompt receipt and processing of any person’s complaint. An

employee of the department, who interferes with, discourages, or

delays the making of complaints shall be subject to disciplinary

action.

e. Normally, a person with a complaint shall be referred to a

supervisor, Lieutenant, or the Chief of Police who shall assist the

individual in recording pertinent information. If initially reported

to a supervisor, the first-line supervisor shall conduct a preliminary

inquiry. The Chief of Police may, if appropriate, conduct a

preliminary administrative investigation. The preliminary

investigation consists of questioning the officer, complainants, or

witnesses, and securing evidence.

Upon completion of the preliminary administrative investigation,

the following documents shall be prepared and forwarded through

the chain of command:

1) a report of the alleged violation;

2) any documents and evidence pertinent to the

investigation;

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3) recommendations for further investigation or other

disposition.

f. If the first-line supervisor or other investigators determine that the

complainant is apparently under the influence of an intoxicant or

drug, or appears to have a mental disorder, or displays any other

trait or condition bearing on his or her credibility, the supervisor or

investigator shall note these conditions. Any visible marks or

injuries relative to the allegation shall be noted and photographed.

g. Prisoners or arrestees also may make complaints. Circumstances

may require a department representative meet the complainant at a

jail or prison for an interview. If appropriate, the representative

will have photographs taken of prisoners' injuries.

h. An employee who receives a complaint through U.S. mail shall

place the correspondence and envelope in a sealed envelope and

forward it to the Chief of Police, who shall determine investigative

responsibility.

i. Complaints received by telephone by dispatchers or other

employees shall be courteously and promptly referred to a

supervisor, Lieutenant, or the Chief of Police. The dispatcher or

employee shall record the name and telephone number of the

complainant and state that a supervisor will call back as soon as

practical.

j. The above procedure may also be used when department

employees desire to enter a complaint against any other employee

governed by this order.

k. In every case, the Chief of Police will be notified of any complaint

as soon as possible by the supervisor receiving the complaint.

Complaints received overnight will be brought to the Chief’s

attention the next workday. Complaints alleging a violation of the

law or any serious violation should be reported immediately

regardless of the time of day. (TBP: 2.07)

6. Disposition of complaints generally

The Chief of Police or his designee shall:

a. Notify the complainant, in writing, as soon as practical, that the

department acknowledges receipt of the complaint, whether it will

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be formally investigated or not, and that the complainant will be

advised of the outcome.

b. Enter the complaint into the complaint log, assign a complaint

number, and have the complaint investigated. Minor complaints

alleging rudeness, minor policy violations and performance issues

may be assigned to a supervisor for investigation and resolution.

Allegations of a violation of the law or serious policy violations

will be investigated by the Chief of Police, an investigator assigned

by the Chief of Police, or an outside agency as determined by the

Chief.

c. Maintain complaint files separate from personnel files.

d. Take disciplinary action following the investigation, if appropriate.

7. Disposition of a serious complaint

a. Allegations of misconduct that might result in discharge,

suspension, or demotion, or criminal charges being sought are

serious complaints. The term "serious complaint," in this manual,

is synonymous with "internal investigation." Internal

investigations examine alleged brutality, gross excesses of legal

authority, or allegations involving supervisory or multiple

personnel.

b. If a criminal offense is alleged, two separate investigations shall be

conducted, a criminal investigation as well as an administrative or

Internal Investigation. The criminal investigation examines

compliance with the criminal law while the Internal Investigation

determines compliance with policy and procedure. The Chief of

Police will assign these investigations as required.

c. In cases of serious complaints, the Chief of Police shall:

1) Determine if the officer complained of should remain

on-duty, be assigned to non-contact assignments, or

put on administrative leave until completion of the

investigations.

2) Determine and assign responsibility for the

investigations.

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3) Cause the complaint to be registered and assigned an

investigation number in the complaint log.

4) Maintain close liaison with the district attorney in

investigating alleged criminal conduct. Where

liability is at issue, the Chief shall similarly maintain

contact with the Director of Human Resources,

Senior Vice President for Student Affairs and

University Administration, President of the

University and/or A&M System OGC (Office of

General Counsel).

All investigations will be completed within 30 days to include the

taking of disciplinary action when necessary. If additional time is

necessary to conclude the investigation, a request for extension

will be presented to the Chief in writing providing justification for

the extension. If approved by the Chief, a specific number of days

will be approved and a copy will be provided to the involved

officer and the original placed in the case file. (TBP: 2.05)

Upon completion of any investigation, The Chief of Police will

notify the complainant in writing, of the results of the investigation

and any action taken. (TBP: 2.10)

INVESTIGATIVE PROCEDURES

1. Two types of investigations may take place: administrative or criminal.

Different rules govern interviews of employees in each case.

2. Assistance of legal counsel

a. Employees are permitted to have an attorney, supervisor, or other

representative with them in the room during any interview regarding

allegations of misconduct.

b. The employee's representative is limited to acting as an observer at

the interview, except that where the interview focuses on, or leads

to, evidence of criminality, the attorney may advise and confer with

the employee during the interview.

3. All Interviews

a. Prior to being interviewed, the subject employee shall be advised of

the nature of the complaint and provided a copy of the complaint.

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b. All interviews will be conducted while the employee is on duty,

unless the seriousness of the investigation is such that an immediate

interview is required.

c. During interviews conducted by the department, there will be one

employee designated as the primary interviewer.

d. The complete interview shall be recorded. The recording will note

the time at which breaks are taken in the interview process, who

requested the break and the time at which the interview resumed.

e. The employee shall be provided with the name, rank and command

of all persons present during the questioning.

4. Interviews for criminal investigative purposes

If the Chief of Police believes that criminal prosecutions are possible and

wishes to use statements against the employee in a criminal proceeding, or

at least wishes to maintain the option of their use, he or another

interviewer shall:

a. Give the employee the rights as specified in Texas Code of

Criminal Procedure Article 38.22.

b. In addition to the rights set forth in state law, the Chief, or his

designee shall advise the employee that if he asserts his right not

to answer questions, no adverse administrative action will be taken

based upon the refusal.

c. If the employee decides to answer questions at this point, the

responses may be used in both criminal and disciplinary

proceeding.

5. Interview for administrative purposes

a. If the Chief of Police wishes to compel an employee to answer

questions directly related to his or her official duties, the Chief of

Police or another interviewer shall advise the employee that:

b. You are advised that this is an internal administrative investigation

only.

c. You will be asked and are required to answer all questions

specifically related to the performance of your duties and your

fitness for office.

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d. All questions specifically related to employment must be fully and

truthfully answered.

e. If you refuse to answer these questions, you can be subject to

discipline that can be as much as discharge or removal from office.

f. I want to reassure you that any answers given are to be used solely

for internal administrative purposes and may not be used in any

subsequent criminal prosecution should such occur.

g. The purpose of the interview is to obtain information to determine

whether disciplinary action is warranted. The answers obtained

may be used in disciplinary proceedings resulting in reprimand,

demotion, suspension, or dismissal.

h. In an interview for administrative purpose, no Miranda rights are

required.

INVESTIGATIVE TOOLS AND RESOURCES

1. In addition to interviews of the employee and witnesses, the Chief of Police

may require other activities in support of a complaint investigation or

internal investigation, including:

a. Medical and laboratory examination

b. The Chief of Police or officer in authority may - based on

reasonable suspicion or his observation, require a department

employee to submit to a test for alcohol or drug use while on duty.

The results may be used in the disciplinary process. Refusal to

submit to the examination will be grounds for disciplinary action

and may result in the employee's dismissal.

c. If the employee is believed to be under the influence of alcohol, a

licensed breathalyzer operator shall administer the test. The Chief

of Police or officer in authority shall witness the test and sign the

report.

d. If the employee has a BAC of .02 or higher or there is other

competent evidence of impaired abilities to perform duties, the

officer shall be relieved of duty by the Chief of Police or officer

in authority.

e. If the employee is believed to be under the influence of self-

administered drugs, he may be compelled to submit to a blood or

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urine test. The test shall be administered under medical

supervision where hygienic safeguards are met. The sample shall

be handled using the same safeguards as evidence in a criminal

process.

f. If the test shows positive results, or there is other competent

evidence of impaired abilities to perform duties, the employee

shall be relieved of duty as soon as possible by the Chief of Police

or other officers in authority.

g. If an employee refuses to submit to a test, (alcohol or drugs) then

the Chief of Police or other officer in authority shall immediately

relieve the employee from duty (on paid leave) for failure to

cooperate in an administrative investigation.

h. Property assigned to the employee but belonging to the department

is subject to inspection where the department has a reasonable

suspicion that evidence of work-related misconduct may be found

therein. Department property includes files, storage lockers,

desks, computers, and vehicles.

2. Photograph and lineup identification procedures

a. Officers may be required to stand in a lineup for viewing for the

purpose of identifying an employee accused of misconduct. Refusal

to stand in a properly conducted lineup is grounds for disciplinary

action and may result in dismissal if the criminal prosecution is not

anticipated.

b. A book of photos of department employees may be maintained for

the purpose of identification of an employee accused of misconduct.

c. In addition, the department may utilize university video surveillance

footage or officer body camera footage in conducting the

investigation.

3. Financial disclosure statements

An employee may be compelled to make financial disclosure statements

when directly and narrowly related to allegations of misconduct involving

any unlawful financial gain.

4. Polygraph

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a. All personnel shall be required to submit to a polygraph if ordered

to do so by the Chief of Police.

b. The Police Chief may order employees to take a polygraph when:

1) The complainant has taken and passed a polygraph

concerning the incident. (Unless the complainant is

willing to submit to testing but the polygraph

operator determines the complainant is not a fit

subject due to mental condition, age, or medication).

2) Regardless if the complainant takes a polygraph or is

even known, but the complaint is of such a nature to

bring severe discredit and suspicion on the

department and cannot be satisfactorily resolved in

any other manner.

c. The results of the polygraph examination shall not be used as the

sole basis for disciplinary action against any employee.

d. Any polygraph examination given under the provisions of this order

shall be administered by a private contractor licensed to administer

polygraph examinations in the State of Texas or must be a licensed

examiner from another law-enforcement agency. No employee shall

administer an examination to another employee.

e. Refusal to submit to a polygraph examination or to answer all

questions pertaining to the charges in the polygraph examination, or

deliberately impede the administration of the polygraph shall be

grounds for disciplinary action and may result in dismissal from the

department.

ADJUDICATION OF COMPLAINTS

1. The Chief of Police will classify completed internal affairs investigations or

complaint determinations as:

a. Sustained: The allegation is supported by sufficient evidence;

b. Unfounded: The allegation is false, not factual;

c. Exonerated: The incident occurred, but was lawful, reasonable and

justified;

d. Not Sustained: There is insufficient evidence to prove or disprove the

allegation(s). (TBP: 2.04)

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2. Completed investigations will be maintained in internal affairs files with the

Chief of Police with a copy of the initial complaint notification and complaint

determination letter placed on file in Power DMS. Sustained complaints shall

be filed in the individual employee's department personnel file with a copy in

the internal affairs files.

3. Disciplinary action taken shall be determined by the seriousness of the violation

or the extent of injury to the victim, and the officer’s prior disciplinary history.

It shall be commensurate with the circumstances surrounding the incident and

in consideration of the employee's service record and prior sustained

complaints.

4. Disciplinary records (TBP: 2.09)

a. The department shall maintain a log of all complaints. Complaints will

be labeled by the year and the order in which they are received (e.g.; I-

201401).

b. The complaints and complete internal investigative files shall be kept in

a locked file cabinet in the Chief of Police Office. Only two keys will

be kept: 1) Lieutenant and 2) the Chief of Police. These files shall be

maintained in accordance with state law and university policy.

c. The Chief shall direct a yearly audit of complaints (due in January for

the previous calendar year) to ascertain a need for training or a revision

of policy. The Chief may direct an immediate audit if an employee is

flagged for Intervention by Power DMS.

d. The Chief shall publish an annual or other periodic summary of

complaints that shall be made available to the public.

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Texas A&M University – Kingsville Police Department

Personnel Complaint

Date: _________________

Complainant’s Full

Name:

Complainant’s Address:

Telephone No:

Day & Date of alleged incidents(s):

Approximate time of alleged incidents(s):

Location where incident occurred:

If a person was arrested print name of arrested person: Arrested person’s address: Telephone No:

Indicate relationship of arrested person to complainant:

Name or other identifying information relating to the employee against whom the allegation(s) is/are being

made:

Witness or Witnesses (if any)

Name of witness: Address of witness:

Telephone No.:

Nature of Complaint(s) - Clearly indicate the nature of your complaint.

(Use reverse side of the form if more space is needed.)

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(Nature of Complaint - cont’d)

Complainant Signature Witnessed By:

___________________________________ _____________________________________________

Signature of Complainant Date:

Copy Received:

_____ Complainant refused to affix signature

___________________________________

Employee Signature Date _____ Other (explain)

Response Waived:

__________________________________

Employee Signature Date

GOVERNMENT CODE

Section 614.022 Complaint to be in writing and Signed by Complainant.

To be considered by the head of a state agency or by the head of a fire or police department, the complaint must be: (1) in writing

and (2) signed by the person making the complaint.

Section 614.023 Copy of Complaint to be Given to Officer or Employee.

a) A copy of a signed complaint against a law enforcement officer, fire fighter or police officer shall be given to the officer

or employee within a reasonable time after the complaint is filed.

b) Disciplinary action may not be taken against the officer or employee unless a copy of the signed complaint is given to the

officer or employee.

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Police Department

Complaints on Officers

2017

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Corrective Action

It is the policy of the TAMUK Police Department that any officer who, after an

internal investigation, has been found guilty of engaging in racial profiling, that one of

the following series of disciplinary measures is taken (as per the recommendation of the

chief of police):

1. Officer is retrained in racial sensitivity issues

2. Officer is suspended and as a condition of further involvement with the police

department is asked to undergo racial sensitivity training

3. Officer is terminated

Data on Corrective Action

The following table contains data regarding officers that have been the subject of a

complaint, during the time period of January 1, 2017 through December 31, 2017, based

on allegations outlining possible violations related to the Texas Racial Profiling Law.

The final disposition of the case is also included.

X

Check above if the TAMUK police department has not received any complaints, on any

members of its police force, for having violated the Texas Racial Profiling Law during

the time period of January 1, 2017 ---- December 31, 2017.

Complaints Filed for Possible Violations of S.R. 1074 (The Texas Racial Profiling Law)

Complaint

No.

Alleged Violation Disposition of the Case

Additional Comments:

________No racial profiling complaints were received for calendar year 2017.

________________________________________________________________________

________________________________________________________________________

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Analysis

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Analysis

The data presented in this report contains information regarding University Police traffic

contacts with the motoring public between January 1, 2017 and December 31, 2017. The

information collected pertains to operators of motor vehicles on public roadways on

University property.

The data was obtained through 2010 U.S. Census information (Texas, Kleberg County,

and City of Kingsville), Texas A&M University-Kingsville Institutional Research (Fall

2017 student census) and Texas A&M University-Kingsville police department traffic

stop statistics. Census data contains information of all residents of a particular

community, regardless of the fact that they may or may not be among the driving

population. Further, census data, when used as a benchmark of comparison, presents the

challenge that it captures information related to city or county residents, as well as

persons affiliated with the University only. Thus, excluding individuals who may have

come in contact with the Texas A&M University-Kingsville Police Department, but who

do not have any ties to the University community, the City of Kingsville or even Kleberg

County; and, are therefore not counted as part of the statistical comparison. This may

have a tendency of inflating the overall figures; thus, providing an inaccurate

representation of police contacts with the university community. This report and the

purpose of the Racial Profiling Law, which requires law enforcement agencies to tabulate

each traffic stop initiated by a police officer by documenting the number of motor vehicle

stops and obtaining the following information: gender and race or ethnicity of the

violator; whether the officer knew the ethnicity of the motorist prior to making the stop;

the reason for the stop; whether a search was conducted; whether the search was

consensual; reason for the search; whether contraband was found; description of the

contraband; whether an arrest resulted as a consequence of the search; whether the arrest

was based on violation of traffic or penal code law; the street where the violation

occurred; and, whether an officer issued a citation or a warning as a result of the traffic

stop, documents the required information. This report measures the number of motorists

stopped for violating traffic laws and has little or no relevance to the greatest majority of

the general population, who are not motor vehicle operators.

When comparing the number of traffic violators who came in contact with the Texas

A&M University-Kingsville Police Department during calendar year 2017 with Kleberg

County, City of Kingsville and Texas A&M University-Kingsville census figures the data

produced the following findings: the number of police contacts with drivers, when

compared to census numbers of area residents, do not seem to be out of line with our area

population. White, Hispanic, Black and Asian traffic stops seem to be evenly distributed

along gender and ethnic lines.

Additionally, when analyzing, in the same manner, the data relevant to individuals of

Pacific Islanders, Asians and Native Americans it is evident that the Texas A&M

University-Kingsville police department stopped individuals in these racial categories

infrequently or not at all.

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The data does not reflect any trends that the Texas A&M University-Kingsville police

department has violated the racial profiling statute or its racial profiling policy.

Summary Statement

The findings suggest that the Texas A&M University-Kingsville Police Department does

not currently experience a problem regarding racial profiling practices. This is supported

by the fact that it has not received complaints from community members regarding

officers misconduct associated with racial profiling practices.

The continuing effort to collect police contact data will assure an on-going evaluation of

the Texas A&M University-Kingsville police department practices, thus, allowing for the

citizens and the University community to benefit from professional and courteous service

from their police department.

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Checklist

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Checklist

I. The following requirements must be met by all law enforcement agencies in the

State of Texas:

Clearly defined act or actions that constitute racial profiling

Statement indicating prohibition of any peace officer employed by the Texas

A&M University-Kingsville police department from engaging in racial profiling

Implement a process by which an individual may file a complaint regarding racial

profiling violations

Provide public education related to the complaint process

Implement disciplinary guidelines for officer found in violation of the Texas

Racial Profiling Law

Collect data (Tier 1) that includes information on:

1. Race and ethnicity of individual detained

2. Whether a search was conducted

3. If there was a search, whether it was a consent search or a probable cause

search

4. Whether a custody arrest took place

Collect data (Tier 2) that includes information on:

1. A physical description of each person detained, including gender and the

person’s race or ethnicity, as stated by the person, or, if the person does not

state a race or ethnicity, as determined by the officer’s best judgment;

2. The traffic law or ordinance alleged to have been violated or the suspected

offense;

3. Whether the officer conducted a search as a result of the stop and, if so,

whether the person stopped consented to the search;

4. Whether any contraband was discovered in the course of the search, and the

type of contraband discovered;

5. Whether probable cause to search existed, and the facts supporting the

existence of that probable cause;

6. Whether the officer made an arrest as a result of the stop or the search,

including a statement of the offense charged;

7. The street address or approximate location of the stop; and

8. Whether the officer issued a warning or citation as a result of the stop,

including a description of the warning or a statement of the violation charged.

Produce an annual report on police contacts (Tier 1) and present this to local

governing body by March 1, 2018.

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II. For additional questions regarding the information presented in this report,

please contact:

Felipe E. Garza



700 University Blvd., MSC 126

Kingsville, Texas 78363

361-593-2611

Email: [email protected]

______________________

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