HomeMy WebLinkAbout2014.02.18 City Council AgendaCity Council
City of University Park
Meeting Agenda
City Hall
3800 University Blvd.
University Park, TX 75205
Council Chamber5:00 PMTuesday, February 18, 2014
PRE-MEETING WORK SESSION(S):
4 - 4:15 P.M. The City Council will meet in open work session with Director of Parks
Gerry Bradley who will review a request to improve McFarlin Blvd. medians, east of
Dublin. No action will be taken. Council Conference Room, 2nd floor, City Hall.
4:15 - 5 P.M. The City Council will meet in open work session to receive agenda item
briefings from staff. No action will be taken. Council Conference Room, 2nd floor, City
Hall.
TO SPEAK ON AN AGENDA ITEM
Anyone wishing to address the Council on any item must fill out a green “Request to
Speak” form and return it to the City Secretary. When called forward by the Mayor,
before beginning their remarks, speakers are asked to go to the podium and state their
name and address for the record.
I.CALL TO ORDER
A.INVOCATION: Councilmember Bob Begert
B.PLEDGE OF ALLEGIANCE: Councilmember Begert / Boy Scouts
C.INTRODUCTION OF COUNCIL: Mayor W. Richard Davis
D.INTRODUCTION OF STAFF: City Manager Bob Livingston
II.AWARDS AND RECOGNITION
None
III.CONSENT AGENDA
Receive University Park Police Department Annual Traffic Stop AnalysisA.14-018
Staff Report
University Park PD 2013 Traffic Analysis Report
Attachments:
IV.MAIN AGENDA
Page 1 City of University Park Printed on 2/14/2014
February 18, 2014City Council Meeting Agenda
Consider and act on an ordinance authorizing the removal of the
"Loading Zone" along the west side of the street in front of 6719 Hillcrest
A.14-020
Staff Report
Ordinance repealing parking restrictions
Attachments:
Consider and act on an ordinance designating NO PARKING along the
south side of Villanova , west from Tulane to Pickwick
B.14-021
Staff Report
PCBC Request Letter
Ordinance - No Parking Villanova
Attachments:
V.PUBLIC COMMENTS
Anyone wishing to address an item not on the Agenda should do so at this time . Please
be advised that under the Texas Open Meetings Act , the Council cannot discuss or act
at this meeting on a matter that is not listed on the Agenda . However, in response to an
inquiry, a Council member may respond with a statement of specific factual information
or a recitation of existing policy. Other questions or private comments for the City
Council or Staff should be directed to that individual immediately following the meeting.
VI.ADJOURNMENT
As authorized by Section 551.071(2) of the Texas Government Code, this meeting may be
convened into Closed Executive Session for the purpose of seeking confidential legal advice
from the City Attorney on any Agenda items listed herein.
CERTIFICATE:
I, Elizabeth Spector, City Secretary, do hereby certify that a copy of this Agenda was posted on the
City Hall bulletin board, a place convenient and readily accessible to the general public at all times,
and on the City's website, www.uptexas.org, in compliance with Chapter 551, Texas Government
Code.
DATE OF POSTING:____________________________
TIME OF POSTING:_____________________________
________________________________
Elizabeth Spector, City Secretary
Page 2 City of University Park Printed on 2/14/2014
3800 UNIVERSITY BOULEVARD UNIVERSITY PARK, TEXAS 75205 TELEPHONE (214) 363-1644
P:\Agenda Packets\916_City Council_2_18_2014\0001_1_Staff Report.docx 2:52 PM 03/13
AGENDA MEMO
2/18/2014 Agenda
TO: Honorable Mayor and City Council
FROM: Greg Spradlin, Chief of Police
SUBJECT: University Park Police Department Annual Traffic Stop Analysis
BACKGROUND:
The Texas Code of Criminal Procedure, Article 2.134 Compilation and Analysis of Information
Collected, requires the police chief to report to the governing body of the City the findings of the
compilation and analysis of traffic stops and related searches. This analysis is conducted to
determine if racial profiling is being practiced by the agency in traffic stops and subsequent
searches during those stops.
This year the University Park Police Department again submitted all required data on traffic stops
and searches to the University of North Texas for scrutiny. This study was conducted by the
Professional Development Institute (PDI) at the University of North Texas. Copies of the final
report have been provided to all elected city officials, the city manager, the city attorney and
others as requested.
PDI’s findings can be found on page 7 of the report. The report shows that the University Park
Police Department is in full compliance with the law as it relates to racial profiling; that a formal
policy prohibiting racial profiling is in place; that officers receive mandated training on this subject
and that the agency has established programs to educate the public about racial profiling and
how to file a complaint; that a formalized complaint process is in place and that the collection of
data is carried out in compliance with the law.
The report will also show that during 2013 the department did not receive any racial profiling
complaints.
The University Park Police Department will continue its educational and training efforts within the
department on racial profiling, as recommended by the report, and will continue to perform
periodic evaluations of individual officers to assess whether or not an officer is engaging in racial
profiling.
RECOMMENDATION:
It is recommended that each member review the final report. Should there be any questions or
concerns it is requested that the Chief of Police be informed for response.
UNIVERSITY PARK
POLICE DEPARTMENT
2013
BIAS-BASED PROFILING ANALYSIS
PREPARED BY:
Eric J. Fritsch, Ph.D.
Chad R. Trulson, Ph.D.
University of North Texas
Executive Summary
Article 2.132 (7) of the Texas Code of Criminal Procedure requires the annual reporting to the
local governing body of data collected on the race or ethnicity of individuals stopped and issued
citations or arrested for traffic violations and whether or not those individuals were searched.
Since the law provides no clear instruction to a governing body on how to review such data, the
University Park Police Department requested this analysis and review to assist the City Council
in reviewing the data.
The analysis of material and data from the University Park Police Department revealed the
following:
• A COMPREHENSIVE REVIEW OF THE UNIVERSITY PARK POLICE DEPARTMENT
REGULATIONS, SPECIFICALLY BIASED BASED PROFILING 01-001 OUTLINING THE
DEPARTMENT’S POLICY CONCERNING RACIAL PROFILING, SHOWS THAT THE
UNIVERSITY PARK POLICE DEPARTMENT IS FULLY IN COMPLIANCE WITH ARTICLE
2.132 OF THE TEXAS CODE OF CRIMINAL PROCEDURE.
• A REVIEW OF THE INFORMATION PRESENTED AND SUPPORTING DOCUMENTATION
REVEALS THAT THE UNIVERSITY PARK POLICE DEPARTMENT IS FULLY IN COMPLIANCE
WITH TEXAS LAW ON TRAINING AND EDUCATION REGARDING RACIAL PROFILING.
• A REVIEW OF THE DOCUMENTATION PRODUCED BY THE DEPARTMENT IN BOTH PRINT
AND ELECTRONIC FORM REVEALS THAT THE DEPARTMENT IS FULLY IN COMPLIANCE
WITH APPLICABLE TEXAS LAW ON THE RACIAL PROFILING COMPLAINT PROCESS AND
PUBLIC EDUCATION ABOUT THE COMPLAINT PROCESS.
• ANALYSIS OF THE DATA REVEALS THAT THE DEPARTMENT IS IN COMPLIANCE WITH
APPLICABLE TEXAS LAW ON THE COLLECTION OF RACIAL PROFILING DATA.
• THE ANALYSIS OF STATISTICAL INFORMATION FROM UNIVERSITY PARK POLICE
DEPARTMENT REVEALS THAT THERE ARE NO METHODOLOGICALLY CONCLUSIVE
INDICATIONS OF SYSTEMIC RACIAL PROFILING BY THE DEPARTMENT.
• THE UNIVERSITY PARK POLICE DEPARTMENT IS FULLY IN COMPLIANCE WITH
APPLICABLE TEXAS LAW CONCERNING THE PROHIBITION OF RACIAL PROFILING.
• THE UNIVERSITY PARK POLICE DEPARTMENT IS FULLY IN COMPLIANCE WITH
APPLICABLE TEXAS LAW CONCERNING THE REPORTING OF INFORMATION TO TCOLE.
Introduction
This report details an analysis of the University Park Police Department’s policies, training, and
statistical information on racial profiling for the year 2013. This report has been prepared to
specifically comply with Article 2.132 of the Texas Code of Criminal Procedure (CCP)
regarding the compilation and analysis of racial profiling data. Specifically, the analysis will
address Articles 2.131 – 2.135 of the CCP and make a determination of the level of compliance
with those articles by the University Park Police Department in 2013. The full copies of the
applicable laws and regulations pertaining to this report are contained in Appendix A.
This report is divided into six analytical sections: University Park Police Department’s policy on
racial profiling; University Park Police Department’s training and education on racial profiling;
University Park Police Department’s complaint process and public education on racial profiling;
analysis of statistical data on racial profiling; analysis of University Park Police Department’s
compliance with applicable laws on racial profiling; and a final section which includes
completed data and information reporting forms required to be sent to TCOLE.
For the purposes of this report and analysis, the following definition of racial profiling is used:
racial profiling means 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 (Texas CCP Article 3.05).
University Park Police Department Policy on Racial Profiling
A review of University Park Police Department regulation Biased Based Profiling 01-001
revealed that the department has adopted policies to be in compliance with Article 2.132 of the
Texas CCP (see Appendix B). There are seven specific requirements mandated by Article 2.132
that a law enforcement agency must address. All seven are clearly covered in regulation Biased
Based Profiling 01-001. University Park Police Department regulations provide clear direction
that any form of racial profiling is prohibited and that officers found engaging in inappropriate
profiling may be disciplined up to and including termination. The regulations also provide a
very clear statement of the agency’s philosophy regarding equal treatment of all persons
regardless of race or ethnicity. Appendix C lists the applicable statute and corresponding
University Park Police Department regulation.
In addition, the University Park Police Department is accredited by the Commission on
Accreditation for Law Enforcement Agencies and is in compliance with standards prohibiting
bias based profiling which exceed the requirements of the State of Texas.
A COMPREHENSIVE REVIEW OF UNIVERSITY PARK POLICE DEPARTMENT REGULATION BIASED
BASED PROFILING 01-001 SHOWS THAT THE UNIVERSITY PARK POLICE DEPARTMENT IS FULLY IN
COMPLIANCE WITH ARTICLE 2.132 OF THE TEXAS CODE OF CRIMINAL PROCEDURE.
University Park Police Department Training and Education on Racial
Profiling
Texas Occupation Code § 1701.253 and § 1701.402 require that curriculum be established and
training certificates issued on racial profiling for all Texas Peace officers. Documentation
provided by University Park Police Department reveals that racial profiling training and
certification did occur in 2013 and was provided to all officers requiring such training.
A REVIEW OF THE INFORMATION PRESENTED AND SUPPORTING DOCUMENTATION REVEALS THAT
THE UNIVERSITY PARK POLICE DEPARTMENT IS FULLY IN COMPLIANCE WITH TEXAS LAW ON
TRAINING AND EDUCATION REGARDING RACIAL PROFILING.
University Park Police Department Complaint Process and Public Education
on Racial Profiling
Article 2.132 §(b)3-4 of the Texas Code of Criminal Procedure requires that law enforcement
agencies implement a complaint process on racial profiling and that the agency provide public
education on the complaint process. University Park Police Department regulation Biased Based
Profiling 01-001 Section III Parts B and C covers this requirement. Specifically, the department
has information regarding racial profiling and the complaint process on its website and posted
inside the police department in the lobby and at the records desk. In addition, the department
provides annual information about racial profiling to the local newspaper including specific
contact information to file a complaint.
A REVIEW OF THE DOCUMENTATION PRODUCED BY THE DEPARTMENT IN BOTH PRINT AND
ELECTRONIC FORM REVEALS THAT THE DEPARTMENT IS FULLY IN COMPLIANCE WITH APPLICABLE
TEXAS LAW ON THE RACIAL PROFILING COMPLAINT PROCESS AND PUBLIC EDUCATION ABOUT THE
COMPLAINT PROCESS.
University Park Police Department Statistical Data on Racial Profiling
Article 2.132(b) 6 requires that law enforcement agencies collect statistical information on traffic
stops in which a citation is issued and arrests with specific information on the race of the person
cited. In addition, information concerning searches of persons and whether or not the search was
based on consent is also required to be collected. University Park Police Department submitted
statistical information on all citations in 2013 and accompanying information on the race of the
person cited. Accompanying this data was the relevant information on searches.
ANALYSIS OF THE DATA REVEALS THAT THE DEPARTMENT IS IN COMPLIANCE WITH APPLICABLE
TEXAS LAW ON THE COLLECTION OF RACIAL PROFILING DATA.
Analysis of the Data
The first chart depicts the percentages of people stopped by race in 2013 (3,211 total traffic
stops).1 White drivers constituted 83.84 percent of all drivers stopped, whereas Whites
constituted 91.00 percent of the city population, 33.10 percent of the county population, and
50.90 percent of the region population.2 African-American drivers constituted 5.29 percent of all
drivers stopped, whereas African-Americans constituted 1.00 percent of the city population,
22.30 percent of the county population, and 14.50 percent of the region population. Hispanic
drivers constituted 6.63 percent of all drivers stopped, whereas Hispanics constituted 4.00
percent of the city population, 38.30 percent of the county population, and 27.30 percent of the
region population.
The chart shows that White drivers are stopped at rates lower than the percentage of Whites
found in the city population, but higher than their percentage in the county and regional
population. African-Americans are stopped at rates higher than the percentage of African-
1 There were 3 citations given where the race/ethnicity of the individual was Native American/Other, and 13
citations of motorists classified as Middle Eastern. The total number of vehicle stops (3,211) is indicative of
motorists who received a citation, were arrested, or both. See TCOLE forms in the final section of this report for
breakdowns by citations, arrests, or both.
2 City and County population figures were derived from the U.S. Census Bureau utilizing the 2010 Census.
Regional population figures are derived from 2010 Census data compiled and published by the North Central Texas
Council of Governments. “Regional” population figures are defined as the 16 county Dallas-Ft. Worth Area
including the following counties: Collin, Dallas, Denton, Ellis, Erath, Hood, Hunt, Johnson, Kaufman, Navarro,
Palo Pinto, Parker, Rockwall, Somervell, Tarrant, and Wise.
White Asian Hispanic African-American
% City Population 91.00%2.70%4.00%1.00%
% County Population 33.10%5.00%38.30%22.30%
% Region Population 50.90%5.20%27.30%14.50%
% of Total Stops 83.84%3.74%6.63%5.29%
0%
10%
20%
30%
40%
50%
60%
70%
80%
90%
100%
Americans in the city population, but lower than their percentage in the county and regional
population. The same finding holds for Hispanic drivers.
Easy determinations regarding whether or not University Park officers have “racially profiled" a
given motorist are impossible given the nature of the data that has been collected and presented
for this report. The law dictates that police agencies compile aggregate-level data regarding the
rates at which agencies collectively stop motorists in terms of their race/ethnicity. These
aggregated data are to be subsequently analyzed in order to determine whether or not individual
officers are “racially profiling" motorists.
This methodological error, commonly referred to as the "ecological fallacy," defines the dangers
involved in making assertions about individual officer decisions based on the examination of
aggregate incident level data. In short, one cannot "prove" that an individual officer has “racially
profiled" any individual motorist based on the rate at which a department stops any given group
of motorists. This kind of determination necessarily requires an examination of data at the
individual officer level for a more detailed analysis of individual officer decision-making.
Unfortunately, the law does not currently require the collection of this type of data, resulting in a
considerable amount of conjecture as to the substantive meaning of aggregate level disparities.
That is, who or what is driving the disproportionate rates at which minorities seem to be stopped
and searched? We cannot know or even begin to examine this issue with analyses that end with
aggregate level comparisons of rates.
Additional interpretation problems remain in regards to the specific measurement of racial
"profiling" as defined by Texas state code. For example, officers are currently forced to make
subjective determinations regarding an individual's race based on his or her personal
observations because the Texas Department of Public Safety does not provide an objectively-
based determination of an individual's race/ethnicity on the Texas driver's license. The absence
of any verifiable race/ethnicity data on the driver's license is especially troubling given the racial
diversity within the North Texas region as a whole, and the large numbers of citizens who are of
Hispanic and/or mixed racial decent. The validity of any racial/ethnic disparities discovered in
the aggregate level data becomes threatened in direct proportion to the number of subjective
"guesses" officers are forced to make when trying to determine an individual's racial/ethnic
background.
In addition, the data collected for the current report does not allow for an analysis that separates
(or disaggregates) the discretionary decisions of officers to stop a motorist from those that are
largely non-discretionary. For example, non-discretionary stops of motorists based on the
discovery of outstanding warrants should not be analyzed in terms of whether or not "profiling"
has occurred simply because the officer who has stopped a motorist as a result of the discovery
of an outstanding warrant does not independently make the decision to stop, but rather, is
required to stop that individual regardless of any determination of race. An officer cannot be
determined to be “racially profiling" when organizational rules and state codes compel them to
stop regardless of an individual's race/ethnicity. Straightforward aggregate comparisons of stop
rates ignore these realities, and fail to distinguish between discretionary and non-discretionary
law enforcement actions. In the future, this validity issue could be lessened by the collection of
data indicating the initial reason for the traffic stop, whether it be an observed traffic violation,
other criminal activity, the existence of an outstanding warrant, or some other reason.
Finally, there has been considerable debate as to what the most appropriate population "base-
rate" is in determining whether or not racial/ethnic disparities exist. Questions concerning the
most appropriate base-rate are most problematic in the case of traffic stops, because there are
problems associated with using any number of different population measures to determine
whether or not aggregate level racial disparities exist. As the current analysis shows in regards
to the use of city, county, and regional base-rates, the outcome of analyses designed to determine
whether or not disparities exist is obviously dependent on which base-rate is used. Changes in
the demographic character of North Texas have made the base-rate issue especially problematic
because measures derived from the U.S. Census can become quickly outdated. Although the
more recent 2010 Census population figures are utilized in this report, these base rates will too
become quickly outdated due to the rapid changes experienced in North Texas. Related, the
determination of valid stop base-rates becomes multiplied if analyses fail to distinguish between
residents and non-residents who are stopped, because the existence of significant proportions of
non-resident stops will lead to invalid conclusions if racial/ethnic comparisons are made
exclusively to resident population figures.
In short, the methodological problems outlined above point to the limited utility of using
aggregate level comparisons of the rates at which different racial/ethnic groups are stopped in
order to determine whether or not racial profiling exists within a given jurisdiction.
The table below reports the summaries for the total number of persons cited and searched
subsequent to being stopped by the University Park Police Department for traffic offenses. In
addition, the table shows the number of stopped individuals who granted consent to search and
those stopped drivers who were arrested pursuant to the stop. Specific to citations, the table
shows that roughly 84 percent of all citations were given to White drivers (2,692/3,211), roughly
5 percent of all citations (170) were given to African-American drivers, and roughly 7 percent
(213) of all citations were given to Hispanic drivers. Of the 3,211 persons cited by the University
Park Police Department in 2013, only 6 motorists were searched and there were no consent
searches. Moreover, less than 2 percent of all motorists cited were arrested (48/3,211).
Action
White African-
American
Hispanic Asian Other Total
Vehicle Stops 2,692 170 213 120 16 3,211
Searches 4 2 0 0 0 6
Consent Searches 0 0 0 0 0 0
Arrests 34 13 0 0 1 48
Asset Forfeitures 0 0 0 0 0 0
Field Contacts 34 12 2 3 0 51
Note: Vehicle stops includes those where a citation was issued, an arrest occurred, or both.
Analysis of Racial Profiling Compliance by University Park Police
Department
The foregoing analysis shows that the University Park Police Department is fully in compliance
with all relevant Texas laws concerning racial profiling, including the existence of a formal
policy prohibiting racial profiling by its officers, officer training and educational programs, a
formalized complaint process, and the collection of data in compliance with the law. Finally,
internal records indicate that during 2013 the department did not receive any bias-based/racial
profiling complaints.
In addition to providing summary reports and analysis of the data collected by the University
Park Police Department in 2013, this report also included an extensive presentation of some of
the limitations involved in the level of data collection currently required by law and the
methodological problems associated with analyzing such data for the University Park Police
Department as well as police agencies across Texas.
University Park Police Department TCOLE
Reporting Forms
Partial Exemption Racial Profiling Reporting
(Tier 1)
Department Name
Agency Number
Chief Administrator Name
Reporting Name
Contact Number
E-mail Addess
University Park Police Department
Greg Spradlin
Gre~ S~radlin
214 987-5355
gspradlin@uptexas.org
Certification to Report 2.132 (Tier I) - Partial Exemption
Policy Requlrements (2.132(b) CCP):
Each law enforcement agency in this state shall adopt a detailed written policy
on racial profiling. The policy must:
(1) clearly define acts constituting racial profiling;
(2) strictly prohibit peace officers employed by the agency from engaging in racial
profiling;
(3) implement a process by which an individual may file a complaint with the agency if
the individual believes that a peace officer employed by the agency has engaged in
racial profiling with respect to the individual;
(4) provide public education relating to the agency's complaint process;
(5) require appropriate corrective action to be taken against a peace officer employed by
the agency who, after an investigation, is shown to have engaged in racial profiling in
violation of the agency'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
(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 Commission on Law Enforcement Officer Standards and Education; and
(6) 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
Partial Exemption Racial Profiling Reporting - Tier 1
Page 1 of 4
Partial Exemption Racial Profiling Reporting
(Tier I)
Video and Audio Equipment Exemption
Partial Exemption Claimed by (2.1 35(a) CCP):
all cars regularly used for motor vehicle stops are equipped
with video camera and transmitter-activated equipment and
each motor stop is recorded and the recording of the stop is
retained for at least 90 days after the stop.
In accordance with 2.135(a)(2) the agency has requested and
not received funds8 install the recording equipment
I claim this
exemption 1-28-1 4
Date
Partial Exemption Racial Profiling Reporting -Tier 1
Page 2 of 4
Partial Exemption Racial Profiling Reporting
(Tier 1)
Option to submit required data by utilizing agency report
You must submit your report in PDF format
Ele ctronic Submission of data required by 2.132(b)(6) CCP
(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 A
This report meets the above
requirements *
Date
28-//
Send entire documents electronically to this website
Partial Exemption Racial Profiling Reporting - Tier 1
Page 4 of 4
Appendix A
Racial Profiling Statutes and Laws
Art. 3.05. RACIAL PROFILING.
In this code, "racial profiling" means 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.
Added by Acts 2001, 77th Leg., ch. 947, Sec. 2, eff. Sept. 1, 2001.
Art. 2.131. RACIAL PROFILING PROHIBITED.
A peace officer may not engage in racial profiling.
Added by Acts 2001, 77th Leg., ch. 947, Sec. 1, eff. Sept. 1, 2001.
Art. 2.132. LAW ENFORCEMENT POLICY ON RACIAL PROFILING.
(a) In this article:
(1) "Law enforcement agency" means an agency of the state, or of a county, municipality, or
other political subdivision of the state, that employs peace officers who make motor vehicle
stops in the routine performance of the officers' official duties.
(2) "Motor vehicle stop" means an occasion in which a peace officer stops a motor vehicle for
an alleged violation of a law or ordinance.
(3) "Race or ethnicity" means of a particular descent, including Caucasian, African, Hispanic,
Asian, Native American, or Middle Eastern descent.
(b) Each law enforcement agency in this state shall adopt a detailed written policy on racial
profiling. The policy must:
(1) clearly define acts constituting racial profiling;
(2) strictly prohibit peace officers employed by the agency from engaging in racial profiling;
(3) implement a process by which an individual may file a complaint with the agency if the
individual believes that a peace officer employed by the agency has engaged in racial profiling
with respect to the individual;
(4) provide public education relating to the agency's complaint process;
(5) require appropriate corrective action to be taken against a peace officer employed by the
agency who, after an investigation, is shown to have engaged in racial profiling in violation of
the agency'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
(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 Commission on Law Enforcement Officer Standards and Education; 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.
(c) The data collected as a result of the reporting requirements of this article shall not constitute
prima facie evidence of racial profiling.
(d) On adoption of a policy under Subsection (b), a law enforcement agency shall examine the
feasibility of installing video camera and transmitter-activated equipment in each agency law
enforcement motor vehicle regularly used to make motor vehicle stops and transmitter-activated
equipment in each agency law enforcement motorcycle regularly used to make motor vehicle
stops. If a law enforcement agency installs video or audio equipment as provided by this
subsection, the policy adopted by the agency under Subsection (b) must include standards for
reviewing video and audio documentation.
(e) A report required under Subsection (b)(7) may not include identifying information about a
peace officer who makes a motor vehicle stop or about an individual who is stopped or arrested
by a peace officer. This subsection does not affect the collection of information as required by a
policy under Subsection (b)(6).
(f) On the commencement of an investigation by a law enforcement agency of a complaint
described by Subsection (b)(3) in which a video or audio recording of the occurrence on which
the complaint is based was made, the agency shall promptly provide a copy of the recording to
the peace officer who is the subject of the complaint on written request by the officer.
(g) On a finding by the Commission on Law Enforcement Officer Standards and Education that
the chief administrator of a law enforcement agency intentionally failed to submit a report
required under Subsection (b)(7), the commission shall begin disciplinary procedures against the
chief administrator.
Added by Acts 2001, 77th Leg., ch. 947, Sec. 1, eff. Sept. 1, 2001.
Amended by: Acts 2009, 81st Leg., R.S., Ch. 1172, Sec. 25, eff. September 1, 2009.
Art. 2.133. REPORTS REQUIRED FOR MOTOR VEHICLE STOPS.
(a) In this article, "race or ethnicity" has the meaning assigned by Article 2.132(a).
(b) A peace officer who stops a motor vehicle for an alleged violation of a law or ordinance
shall report to the law enforcement agency that employs the officer information relating to the
stop, including:
(1) a physical description of any person operating the motor vehicle who is detained as a result
of the stop, including:
(A) the person's gender; and
(B) the person's race or ethnicity, as stated by the person or, if the person does not state
the person's race or ethnicity, as determined by the officer to the best of the officer's
ability;
(2) the initial reason for the stop;
(3) whether the officer conducted a search as a result of the stop and, if so, whether the person
detained consented to the search;
(4) whether any contraband or other evidence was discovered in the course of the search and a
description of the contraband or evidence;
(5) the reason for the search, including whether:
(A) any contraband or other evidence was in plain view;
(B) any probable cause or reasonable suspicion existed to perform the search; or
(C) the search was performed as a result of the towing of the motor vehicle or the arrest
of any person in the motor vehicle;
(6) whether the officer made an arrest as a result of the stop or the search, including a statement
of whether the arrest was based on a violation of the Penal Code, a violation of a traffic law or
ordinance, or an outstanding warrant and a statement of the offense charged;
(7) the street address or approximate location of the stop; and
(8) whether the officer issued a written warning or a citation as a result of the stop.
Added by Acts 2001, 77th Leg., ch. 947, Sec. 1, eff. Sept. 1, 2001.
Amended by: Acts 2009, 81st Leg., R.S., Ch. 1172, Sec. 26, eff. September 1, 2009.
Art. 2.134. COMPILATION AND ANALYSIS OF INFORMATION COLLECTED.
(a) In this article:
(1) "Motor vehicle stop" has the meaning assigned by Article 2.132(a).
(2) "Race or ethnicity" has the meaning assigned by Article 2.132(a).
(b) A law enforcement agency shall compile and analyze the information contained in each
report received by the agency under Article 2.133. Not later than March 1 of each year, each law
enforcement agency shall submit a report containing the incident-based data compiled during the
previous calendar year to the Commission on Law Enforcement Officer Standards and Education
and, if the law enforcement agency is a local law enforcement agency, to the governing body of
each county or municipality served by the agency.
(c) A report required under Subsection (b) must be submitted by the chief administrator of the
law enforcement agency, regardless of whether the administrator is elected, employed, or
appointed, and must include:
(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.
(d) A report required under Subsection (b) may not include identifying information about a
peace officer who makes a motor vehicle stop or about an individual who is stopped or arrested
by a peace officer. This subsection does not affect the reporting of information required under
Article 2.133(b)(1).
(e) The Commission on Law Enforcement Officer Standards and Education, in accordance with
Section 1701.162, Occupations Code, shall develop guidelines for compiling and reporting
information as required by this article.
(f) The data collected as a result of the reporting requirements of this article shall not constitute
prima facie evidence of racial profiling.
(g) On a finding by the Commission on Law Enforcement Officer Standards and Education that
the chief administrator of a law enforcement agency intentionally failed to submit a report
required under Subsection (b), the commission shall begin disciplinary procedures against the
chief administrator.
Added by Acts 2001, 77th Leg., ch. 947, Sec. 1, eff. Sept. 1, 2001.
Amended by: Acts 2009, 81st Leg., R.S., Ch. 1172, Sec. 27, eff. September 1, 2009.
Art. 2.135. PARTIAL EXEMPTION FOR AGENCIES USING VIDEO AND AUDIO
EQUIPMENT.
(a) A peace officer is exempt from the reporting requirement under Article 2.133 and the chief
administrator of a law enforcement agency, regardless of whether the administrator is elected,
employed, or appointed, is exempt from the compilation, analysis, and reporting requirements
under Article 2.134 if:
(1) during the calendar year preceding the date that a report under Article 2.134 is required to be
submitted:
(A) each law enforcement motor vehicle regularly used by an officer employed by the
agency to make motor vehicle stops is equipped with video camera and transmitter-
activated equipment and each law enforcement motorcycle regularly used to make motor
vehicle stops is equipped with transmitter-activated equipment; and
(B) each motor vehicle stop made by an officer employed by the agency that is capable
of being recorded by video and audio or audio equipment, as appropriate, is recorded by
using the equipment; or
(2) the governing body of the county or municipality served by the law enforcement agency, in
conjunction with the law enforcement agency, certifies to the Department of Public Safety, not
later than the date specified by rule by the department, that the law enforcement agency needs
funds or video and audio equipment for the purpose of installing video and audio equipment as
described by Subsection (a)(1)(A) and the agency does not receive from the state funds or video
and audio equipment sufficient, as determined by the department, for the agency to accomplish
that purpose.
(b) Except as otherwise provided by this subsection, a law enforcement agency that is exempt
from the requirements under Article 2.134 shall retain the video and audio or audio
documentation of each motor vehicle stop for at least 90 days after the date of the stop. If a
complaint is filed with the law enforcement agency alleging that a peace officer employed by the
agency has engaged in racial profiling with respect to a motor vehicle stop, the agency shall
retain the video and audio or audio record of the stop until final disposition of the complaint.
(c) This article does not affect the collection or reporting requirements under Article 2.132.
(d) In this article, "motor vehicle stop" has the meaning assigned by Article 2.132(a).
Added by Acts 2001, 77th Leg., ch. 947, Sec. 1, eff. Sept. 1, 2001.
Amended by: Acts 2009, 81st Leg., R.S., Ch. 1172, Sec. 28, eff. September 1, 2009.
Art. 2.136. LIABILITY.
A peace officer is not liable for damages arising from an act relating to the collection or
reporting of information as required by Article 2.133 or under a policy adopted under Article
2.132.
Added by Acts 2001, 77th Leg., ch. 947, Sec. 1, eff. Sept. 1, 2001.
Art. 2.137. PROVISION OF FUNDING OR EQUIPMENT.
(a) The Department of Public Safety shall adopt rules for providing funds or video and audio
equipment to law enforcement agencies for the purpose of installing video and audio equipment
as described by Article 2.135(a)(1)(A), including specifying criteria to prioritize funding or
equipment provided to law enforcement agencies. The criteria may include consideration of tax
effort, financial hardship, available revenue, and budget surpluses. The criteria must give priority
to:
(1) law enforcement agencies that employ peace officers whose primary duty is traffic
enforcement;
(2) smaller jurisdictions; and
(3) municipal and county law enforcement agencies.
(b) The Department of Public Safety shall collaborate with an institution of higher education to
identify law enforcement agencies that need funds or video and audio equipment for the purpose
of installing video and audio equipment as described by Article 2.135(a)(1)(A). The
collaboration may include the use of a survey to assist in developing criteria to prioritize funding
or equipment provided to law enforcement agencies.
(c) To receive funds or video and audio equipment from the state for the purpose of installing
video and audio equipment as described by Article 2.135(a)(1)(A), the governing body of a
county or municipality, in conjunction with the law enforcement agency serving the county or
municipality, shall certify to the Department of Public Safety that the law enforcement agency
needs funds or video and audio equipment for that purpose.
(d) On receipt of funds or video and audio equipment from the state for the purpose of installing
video and audio equipment as described by Article 2.135(a)(1)(A), the governing body of a
county or municipality, in conjunction with the law enforcement agency serving the county or
municipality, shall certify to the Department of Public Safety that the law enforcement agency
has installed video and audio equipment as described by Article 2.135(a)(1)(A) and is using the
equipment as required by Article 2.135(a)(1).
Added by Acts 2001, 77th Leg., ch. 947, Sec. 1, eff. Sept. 1, 2001.
Art. 2.138. RULES.
The Department of Public Safety may adopt rules to implement Articles 2.131-2.137.
Added by Acts 2001, 77th Leg., ch. 947, Sec. 1, eff. Sept. 1, 2001.
Art. 2.1385. CIVIL PENALTY.
(a) If the chief administrator of a local law enforcement agency intentionally fails to submit the
incident-based data as required by Article 2.134, the agency is liable to the state for a civil
penalty in the amount of $1,000 for each violation. The attorney general may sue to collect a
civil penalty under this subsection.
(b) From money appropriated to the agency for the administration of the agency, the executive
director of a state law enforcement agency that intentionally fails to submit the incident-based
data as required by Article 2.134 shall remit to the comptroller the amount of $1,000 for each
violation.
(c) Money collected under this article shall be deposited in the state treasury to the credit of the
general revenue fund.
Added by Acts 2009, 81st Leg., R.S., Ch. 1172, Sec. 29, eff. September 1, 2009.
Appendix B
Appendix C
Racial Profiling Laws and Corresponding
General Orders and Standard Operating
Procedures
Texas CCP Article UNIVERSITY PARK POLICE DEPARTMENT
Bias Based Profiling Policy 01-001
2.132(b)1 Section II Part A
2.132(b)2 Section I
2.132(b)3 Section III Part B
2.132(b)4 Section III Part C
2.132(b)5 Section III Part B
2.132(b)6 Section III Part D
2.132(b)7 Section III Part F
3800 UNIVERSITY BOULEVARD UNIVERSITY PARK, TEXAS 75205 TELEPHONE (214) 363-1644
P:\Agenda Packets\916_City Council_2_18_2014\0002_1_Staff Report.docx 2:53 PM 03/13
AGENDA MEMO
2/18/2014 Agenda
TO: Honorable Mayor and City Council
FROM: Gene R. Smallwood, P.E.; Director of Public Works
SUBJECT: Removal of Loading Zone
BACKGROUND:
Staff has received a number of complaints regarding the “loading zone” on the west side
of the street in front of 6719 Hillcrest. The sign was approved in 1995 at the request of
the owner of the bicycle shop then located at the subject address. When the shop
moved out several years later, removal of the loading zone “fell through the cracks”. At
the request of the Police Department, staff surveyed the merchants/property owners
along the 6700 block of Hillcrest regarding their opinion of removal of the loading zone.
Results of the poll showed 5 in favor of removal and 1 opposed (83.3% of those
surveyed were in favor of removal).
The merchants/property owners have been notified this item is on the Council agenda
for consideration.
RECOMMENDATION:
Given the results of the survey, staff recommends City Council approval of the attached
ordinance for removal of the loading zone in front of 6719 Hillcrest.
ORDINANCE NO. ___________
AN ORDINANCE OF THE CITY OF UNIVERSITY PARK, TEXAS,
PROHIBITING PARKING IN EXCESS OF TWO HOURS ON THE WEST SIDE OF THE
6700 BLOCK OF HILLCREST ADJACENT TO 6719 HILLCREST; PROVIDING FOR
THE ERECTION OF SIGNS; PROVIDING FOR THE REPEAL OF ORDINANCE 95/19
AND ALL OTHER ORDINANCES IN CONFLICT; PROVIDING A SEVERABILITY
CLAUSE; PROVIDING FOR A PENALTY OF FINE NOT TO EXCEED THE SUM OF
TWO HUNDRED DOLLARS ($200.00) FOR EACH OFFENSE; AND PROVIDING AN
EFFECTIVE DATE.
WHEREAS, Ordinance Number 95/19 designated a 10’ by 20’ area on the west side of
Hillcrest, adjacent to 6719 Hillcrest, as a fifteen minute loading zone; and
WHEREAS, the loading zone is no longer needed or necessary; NOW THEREFORE,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF UNIVERSITY
PARK, TEXAS:
SECTION 1. It shall be unlawful and an offense for any person to leave, stand or park any
motor vehicle in excess of two hours on the west side of the 6700 block of Hillcrest, including the
spaces adjacent to 6719 Hillcrest designated as a loading zone.
SECTION 2. Ordinance 95/19 creating a loading zone adjacent to 6719 Hillcrest, and all
other ordinances of the City of University Park in conflict with the provisions of this ordinance are
hereby repealed.
SECTION 3. Should any sentence, paragraph, subdivision, clause, phrase or section of
this ordinance be adjudged or held to be unconstitutional, illegal, or invalid, the same shall not
affect the validity of this ordinance as a whole, or any part or provision thereof, other than the part
decided to be invalid, illegal or unconstitutional.
SECTION 4. Any person violating any of the provisions of this ordinance shall be deemed
guilty of a misdemeanor and, upon conviction in the municipal court of the City of University Park,
Texas, shall be subject to a fine not to exceed the sum of two hundred dollars ($200.00) for each
offense.
SECTION 5. That this ordinance shall take effect immediately from and after its passage
and the publication of the caption, as the law and Charter in such cases provide. The parking
restrictions set out herein shall not be effective until appropriate signs giving notice thereof shall
have been erected as provided by the Code of Ordinances.
DULY PASSED by the City Council of the City of University Park, Texas, on the ___ day
of _______________2014. APPROVED:
____________________________________
W. RICHARD DAVIS, MAYOR
ATTEST:
____________________________________
ELIZABETH SPECTOR, CITY SECRETARY
APPROVED AS TO FORM:
_______________________________
CITY ATTORNEY
(RLD/2-11-14/63984)
ORDINANCE NO. ___________
AN ORDINANCE OF THE CITY OF UNIVERSITY PARK, TEXAS,
PROHIBITING PARKING IN EXCESS OF TWO HOURS ON THE WEST SIDE OF THE
6700 BLOCK OF HILLCREST ADJACENT TO 6719 HILLCREST; PROVIDING FOR
THE ERECTION OF SIGNS; PROVIDING FOR THE REPEAL OF ORDINANCE 95/19
AND ALL OTHER ORDINANCES IN CONFLICT; PROVIDING A SEVERABILITY
CLAUSE; PROVIDING FOR A PENALTY OF FINE NOT TO EXCEED THE SUM OF
TWO HUNDRED DOLLARS ($200.00) FOR EACH OFFENSE; AND PROVIDING AN
EFFECTIVE DATE.
DULY PASSED by the City Council of the City of University Park, Texas, on the ____ day
of ______________ 2014.
APPROVED:
____________________________________
MAYOR
ATTEST:
____________________________________
CITY SECRETARY
3800 UNIVERSITY BOULEVARD UNIVERSITY PARK, TEXAS 75205 TELEPHONE (214) 363-1644
P:\Agenda Packets\916_City Council_2_18_2014\0003_1_Staff Report.docx 2:53 PM 03/13
AGENDA MEMO
2/18/2014 Agenda
TO: Honorable Mayor and City Council
FROM: Gene R. Smallwood, P.E.; Director of Public Works
SUBJECT: No Parking Request
BACKGROUND:
As stated in the attached letter, Park Cities Baptist Church is requesting the City to
designate the south side of Villanova, west from Tulane to Pickwick, as NO PARKING,
Monday through Friday, 8 a.m. to 6 p.m. The church owns all but one of the properties
along the south side of the street, where cars currently park the length of the block.
Removal of the parked cars would create a safer environment for traffic.
Pursuant to the request, staff requested the City Attorney to draft an ordinance for City
Council consideration.
RECOMMENDATION:
Staff recommends City Council approval of the ordinance designating the south side of
Villanova, west from Tulane to Pickwick, as NO PARKING, Monday through Friday, 8
a.m. to 6 p.m.
ORDINANCE NO. ___________
AN ORDINANCE OF THE CITY OF UNIVERSITY PARK, TEXAS,
PROHIBITING PARKING ON THE SOUTH SIDE OF THE 3900 BLOCK OF
VILLANOVA STREET, BETWEEN PICKWICK AND TULANE, BETWEEN 8:00 A. M.
AND 6:00 P. M., MONDAY THROUGH FRIDAY, EXCEPT SCHOOL HOLIDAYS;
PROVIDING FOR THE ERECTION OF SIGNS; PROVIDING FOR THE REPEAL OF
ALL ORDINANCES IN CONFLICT; PROVIDING A SEVERABILITY CLAUSE;
PROVIDING FOR A PENALTY OF FINE NOT TO EXCEED THE SUM OF TWO
HUNDRED DOLLARS ($200.00) FOR EACH OFFENSE; AND PROVIDING AN
EFFECTIVE DATE.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF UNIVERSITY
PARK, TEXAS:
SECTION 1. That it shall be unlawful and an offense for any person to leave, stand or
park any motor vehicle on the south side of the 3900 block of Villanova Street, between Pickwick
and Tulane, from 8:00 a. m. to 6:00 p. m., Monday through Friday, except school holidays.
SECTION 2. That all ordinances of the City of University Park in conflict with the
provisions of this ordinance are hereby repealed.
SECTION 3. That should any sentence, paragraph, subdivision, clause, phrase or section
of this ordinance be adjudged or held to be unconstitutional, illegal, or invalid, the same shall not
affect the validity of this ordinance as a whole, or any part or provision thereof, other than the part
decided to be invalid, illegal or unconstitutional.
SECTION 4. That any person violating any of the provisions of this ordinance shall be
deemed guilty of a misdemeanor and, upon conviction in the municipal court of the City of
University Park, Texas, shall be subject to a fine not to exceed the sum of two hundred dollars
($200.00) for each offense.
SECTION 5. That this ordinance shall take effect immediately from and after its passage
and the publication of the caption, as the law and Charter in such cases provide. The parking
restrictions set out herein shall not be effective until appropriate signs giving notice thereof shall
have been erected as provided by the Code of Ordinances.
DULY PASSED by the City Council of the City of University Park, Texas, on the ___ day
of ___________________ 2014.
APPROVED:
____________________________________
W. RICHARD DAVIS, MAYOR
ATTEST:
____________________________________
ELIZABETH SPECTOR, CITY SECRETARY
APPROVED AS TO FORM:
_______________________________
CITY ATTORNEY
(RLD/02-12-14/TM64756)
ORDINANCE NO. ___________
AN ORDINANCE OF THE CITY OF UNIVERSITY PARK, TEXAS,
PROHIBITING PARKING ON THE SOUTH SIDE OF THE 3900 BLOCK OF
VILLANOVA STREET, BETWEEN PICKWICK AND TULANE, BETWEEN 8:00 A. M.
AND 6:00 P. M., MONDAY THROUGH FRIDAY, EXCEPT SCHOOL HOLIDAYS;
PROVIDING FOR THE ERECTION OF SIGNS; PROVIDING FOR THE REPEAL OF
ALL ORDINANCES IN CONFLICT; PROVIDING A SEVERABILITY CLAUSE;
PROVIDING FOR A PENALTY OF FINE NOT TO EXCEED THE SUM OF TWO
HUNDRED DOLLARS ($200.00) FOR EACH OFFENSE; AND PROVIDING AN
EFFECTIVE DATE.
DULY PASSED by the City Council of the City of University Park, Texas, on the ____ day
of ____________________ 2014.
APPROVED:
____________________________________
MAYOR
ATTEST:
____________________________________
CITY SECRETARY