Loading...
02-83�"j �"I�, �� %; i\�".�iiU Presented Refesed To Committee Date RESOLUTION REQUESTING THE SAINT PAUL POLICE DEPARTMENT TO PROVIDE AN UPDATE ON DATA COMPILED, AS WELL AS EFFORTS TO DEVELOP AND IMPLEMENT STRATEGIES AND PRACTICES TO PREVENT RACIAL PROFILING WHEREAS, the City of Saint Paul believes all residents deseroe equal protection under the law and will continue to enforce fair, equitable and constitutional policing practices. This belief is expressed in the Human Rights Chapter of the Saint Paul Legislative Code (Chapter 183); and WHEREAS, communities throughout the United States have begun to address the issue of racial profiling; and WIIEREAS, the Saint Paul Police Department voluntarily collects data on all traffic stops; and WIIEREAS, the Saint Paul Police Department has prohibited all acts of racial profiling since July 1996, which is articulated in an internal policy document titled Policy and General Orders. Specifically, General Order 230.13, Conduct Unbecoming a Peace Officer: Principle Three and General Order 230.13, Conduct Unbecoming a Police Officer: Policy, Scope and Principles One through Five; and WHEREAS, the NAACP and the Saint Paul Police Department have engaged in discussions mediated by the U.S. Department of Justice Community Relations Service from Mazch through June 2001; and WIIEREAS, the ensuing formal agreement resulting from these discussions provides for, among other things, that the Saint Paul Police Depariment will provide a"consent seazch advisory" in order to ensure citizens' right to remain secure in their personal effects; and WHEREAS, the Saint Paul Police Deparhnent provided the City Council on September 19, 2001 an update regarding the collection and analysis of racial profiling data, as well as efforts to develop and implement strategies and practices to prevent racial profiling; and WIIEREAS, the Saint Paul City Council requested the Saint Paul Police Deparhnent to provide, this report twice annually; and WHEREAS, the Saint Paul Ciry Council has not received an update since September 19,2001; now therefore be it Council File # 0 a- S 3 Green Sheet # ��ZS RESOLUTION CITY OF SAINT PAUL, MINNESOTA „ _ n „ _ RESOLVED, that the Saint Paul City Council hereby requests the Saint Paul Police Department to provide it with an update on data compiled (absent individual ofFicer identification), as well as efforts to develop and implement strategies and practices to prevent racial profiling beginning with a report to the City Council on February 20, 2002. o�-g3 Requested by Departrnent o£ � Form Approved by City Attorney � Adoption Certified by Council Secretary Approved by Mayor for Submission to Council � App� � Adopted by Council: Date � c,a � �.o o� � ���� i-2s-n2 GREEN SHEET oa•83 N� 113725 ONrACT PERSON & PFiONE I InxlalNab MMWfDa1e Councilmember Blakey 6-8610 �, , �,�,�,� IUST BE ON COUNCIL AGQm/1 BY (DATF� AElIGI1 2�7��2 �� pnAiidllEY arvCLfllt ROUTYW � i�iR11fJOLiFRVIf:FtOtlt ❑ f�IMICJ11LfEAVl�CCia _ � r�wnlort�amsnu+p ❑ TOTAL # OF SIGNATURE PAGES (CLJP ALL LOCATIONS FOR SIGNATURE) �ieso�ut on requesting the Saint Paul Police Department to provide an update on data compiled, as well as efforts to develop and implement strategies and practices to prevent racial profiling. PLANNING COMMISSION CIB COMMITTEE CNIL SERVICE COMMISSION Whffi, When. Where. WhY) RSONAL SERVICE CONiRACIS MUST ANSWER iXE FOLLOWING QUESTIONS: Has mis peisoNfirm e.arwor�cea unaer a contrect for mis aepanmenn YES NO Fias this De�soNfirm ever been a dtY emPbYee� YES NO Does thie PeR�� P� a sldll rwt normallYP��� bf' anY curtent citY emPioyee? YES NO Is this peisailfrm a tarpeted vendoY7 VES NO „ .�4�°d a t.;�Y ��F� � �* � ' , IF .. I 'y.,.. TRANSACTION SOURCE INFORMAiION (IXPWM COST/REVENUEBUDGEfED(CIRCLEON� YES NO ACTNITY NUMBER aa, &�3 ,` - February 20, 2002, City Council Acrion Minutes Page 5 Adopted Yeas - 7 Nays - 0 FOR DISCUSSION 26. Resolution - 02-72 - Ordering the owner to remove or repair the building at 85'7 Jenks Avenue within five (5) days from adoption of resolution. (I,egislative Hearing Officer recommends approval) (Laid over from February 6) Adopted Yeas - 7 Nays - 0 � 27. Update by the Police Department on data compiled, as well as efforts to develop and implement strategies and practices to prevent racial profiling. (Requested in Council File #02-83 adopted on February 6, 2002) An update was presented by Commander Timothy Leslie, Police Department. ORDINANCES NOTE: AN ORDINANCE IS A CITYLAW ENACTED BY THE CITY COUNCIL.d�IS READ AT FOUR SEPARATE COUNCIL MEETINGS AND BECOMES EFFECT7VE AFTER PASSAGE BYTHE COUNCIL AND 30 DAYS AFTER PUBLICATIONIN THE SAINT PAUL LEGAL LEDGER. 28. Second Reading - 02-125 - An ordinance amending Chapter 18 of the Saint Paul Legislarive Code to correct language authorizing the Legislafive Hearing Officer to hear appeals of decisions related to Newsracks. Laid over to February 27 for third reading/puhlic hearing Suspension Items Resolution - 02-135 - Authorizing the acquisition of a parcel bounded by West Seventh Street, Smith Avenue and McBoal Street from Ramsey County. Adopted Yeas - 7 Nays - 0 Resolution - 02-136 - Accepting the gift of two tickets from Wells Fazgo Bank to the Hazley Davidson First Annual Black n'Blue Gala to benefit the Muscular Dystrophy Association. Adopted Yeas - 7 Nays - 0 Resolution - 02-137 - Amending Council File #02-71, adopted by the City Council on January 23, 2002, by ordering the owner to remove or repair the building at 625 TIMOTHY J. LESLIE Senior Commander Qa -8,3 POLICE DEPARTMENT , CITY OF SAIN'L PAUL EASTERNDSSTWCT .� 100 Easf Elez�enth Sbeet l�mce Nlail. 652-265-6902 Saint Paul, MN 55102 Ntai1 Box #� 3562 CNk MIRANDA WARNING oa-�3 You have the rigM to remain siler�t. Mything you say can antl wili be used agairtst you in a couK of Iaw. You have the rigM to taik io a lawyer antl have him present with you whiie you are being questioned. If you canno! affortl to hire a iawyer, one will be appointed to represent you before any questioning, if you wish one. WAIVER ter the waming and in order to secure a waiver, the folbwing iesNons should be asked and an affirtnative repty secured to each iestion. Do you understand each of these rigfits i have expiained to you? Having these rigbts in mind, do you wish to taik to us now? ; Wliat happens if tfeere is a criminal � , invesligation of k pQ&ce officer? Where an invesfigation req�mes an inquiry into a mattei � that may be both criminal and�a breach of department - policy o� procedures, you will be advised that either , � course of action may� b8 puisued. 'If a criminal "; investigation conceming a police officer is opened, it_ will be conducted under normal police investigaflve .. � procedures. The administration will take no action , ' regarding a breach o£policy or procedure untii the' �^ issue of the criminat chazges is xesolved_ �� Who do I contact to make a complaint? c�ti, �te �r ���i: � � Police-Civilian Intemal Affairs Review Commission ,� 100 East Hleventh Street , Saint Paul, Minnesota � 55101 , Phone: (651) 292-3583 � Office Houcs-aze Monday-Fiiday � , � 8:00 a.m. to 4:30 p.m. �� -OR- `" I �Internal Affairs'Unit " � � � - �' � �� Saint Pa�-Police �Department _ , , 100 East Eleventh Sheet , Saiat Paul,-Minnesota � 55101 __ �i ' Phone: _ (651) 292-3960 - � - - - � � Office Hours are Monday-Friday 8:00 a.m. to 5:00 p.m: �! At other times you may contac[ the on-duty Duty Officer � at (651) 292-3629. or the E.C.C. Supervisor at (651} 292-3568. Citizen Complaint Centeis can also assist with filing a�, Y � - oomplaint � - ' � � `1 1. NAACP (651) 649-0520 ' 2. Urban I,eague (651) 224-5771 3. Counci] on Asian-Pacific Minnesotans (651) 296-0538 4. Council oa Aeazing Impaired (651) 297-9305 ' ' 5. Indian Affairs CouncIl (651) 284-3567 . 4 6. Human Rights (651) 266-8964 What:�'I'm skltdissatis,�ed? If you're still dissatisfied, you always have recoucse to � the courts,-human �rights enforcement agencies, and ' elected officiaLs.to further pusue a matter. .- woi A � A• � p A ` n x � � y� a ° �' W —" p: � P: �" o :� � o � . _ ' I aa-� ���� � - �I��IFORMt�TIO�i ON �,.<� _ . . �, -..�_ .�._ . �..�. �, _ . � � 11\ 1 L' l�l\EiLL i`till�S t i =i i � 3 i'.� j `� �i ��1 ,,.:I ,1 ` , ` i .3 '�, � I �j� °.. � i y � ; AND THE POLICE-CIVII.IAN INTERNALAFFAIRS REVIEV�' COlVIMISSION Saint Paul Police Department i 100 East Elevenffi Street Saint Pan1,113innesota 55101 �. : � C7uef William K, Finney .. t ;:' Policy A parfnezs]up, based on trust and con£dence between depaRment members and the commnniCy, is essential for effective law e�'orcement and commimify hanqui7ity. Citizens must feel free to hold accountable public employees who exhibit behaviox they feel is illegal, immoral or� unfair. At the same time, police officers must be free to exercise their best judgement and to initiate enfozcement action in a lawful and impartial manner without feaz of ceprisal. Any persou'who believes an officer's acfions are improper is encouraged to bring the complaint to the attenflon of the police department: � ! i � Edery effort will be made to insure that no adverse .. + consequences will befall any person or witness who ', brings a eomplaint or provides information in any �� investigation of a complaint acting in good faith. � -� � � Complaints will be pursued promptly and completed ��� �- as quickly as possible. ' " � � � Wlaat is the function of the Po&ce-Civilian � Internal Affdirs Review'Commission? � �� ThepPolice,Givilian Intemal Affaits Review Commission � � consists of five members from the community and two - �- police offlcers whom �aie� appointed by the Mayoi with �. „, appcovai� of {he City CouncIl. -1Lis Commission Feviacvs ,! ;. �;, a41 citnzen iaitiated camplaints and any poliee �, , , dischazge of a fireazm for o[her than treining pucposes. �'� " Members of the Commission will recommend a final . disposiUOn on investigalions they xeview and further �� recommend diseiplinary action� when wazranted. In all ;� cases, the GLief of Po3ice will be the final authority ov . mattecs of�discipline., The police. depar-tmenYs complaint proceduxe is ,: intended to' pmvide cosec[ive action when a police officer � e�ibits impzoper ctindud. At the sazne time, 6fficecs are afforded protections from unwazxanted criticism when dischazging-�lheir.duTies in.liae with established policies and procedures. - 'Lhe Commission has a aivilian coordinator to� assist in `� receiving complaints"from the public. This person is � employed by the police department for the specific purpose of building t[ust in the complaint investigation process and serving as a staff positioa to the Commission. �� ,.�.1 Who investigates compiaints about po&ce service? The�Intemal Affairs i7nit is the im�estigative arm of the polibe department and the Police-Civilian Intemal Affaus Review Commission. Its function is to impar[ially interview witnesses, collect evidence and pmsent facts to the police and the Commission for review and disposition. The In[ecnal �Affairs Unit investigates serious allegations of misconduct or negligence of duty by police department employees. Any use of firearms by oni officers will also be investigaYed by this uniC. Cases relating to public relalions and procednre issues aze sant to the empIoyee's Unif Commander for invesrigation (e.g, rnde behavior, inagpropriate.language, policy violations). This is done to reduce the time required to complete case investigatioris. The investigations by the Unit,Commander are handled in a comparable manner as the Intemal Affaiis iJnit 'I'his piocess allows� an immediate supecvisor to investigate and monitor tLe employee. How is the Intemal Affairs Unit.staffed? The Internal Affaits Unit is staffed liy a Senior Commandei and three Inspectox Sexgeants who report directly to the Cluef of Police. Of6cers selec[e.d to work in the�Intemal Affurs Unit aze chosen because of their integrity, faimess, excellent work recoid, investigative abiliTy and common sense. How` do I make a complaint about po&ee � service? Several� op'tions are available to you for making a complaint when you aze not satisfied with [he service you received from,a member of the police departmeat. An i.mmediate concem can be conSeyed to SLe Duty Of£icer, Emergency Communication Supervisot or any supervisor where the employee wbrks. You may also call, visit,. ot write Ehe deparhvenYs Intemal Affairs Unif , or the civilian coordinator for the Police-Civilian Intemai Affaus Review Commission. Someone within the police department �is available to talk to you about your complaint ?A h'uurs day. If you choose to talk with someone outside of the police department, you may wntact�the Civiliau Coordinatoc for the Police-Civilian Internal. Affairs Review � Commission, an individual Commissioner, Internal ' ; °# , ��� 1 Affaics Unit, Duty Office�, Emergency Co�unicafion �� Center Supervisor or any of the citizen assist centers including the NAACP, Urban League, Council on"� �' Asian-Pacific Minnesotans, Council on Hearing Impaued, Indian Af£aiis Council, Human Rights and the Mayor's Complaint Of6ce. _, How are complaints resdved? At the conclusion of a citizea based investigatioa, Internal Affairs submits the completed case file to the Police-Civilian Intemal Affairs Review Commission for review. The Commission makes a recommendation for disposition and discipline to the Chief of Police. � The Chief may agree with the Commission and take the recommended action. If the Chief disagrees with the Commission's recommendations, tlie Chief will meet with the Commission Chairpeison within five days and seek to agee od a final action to be taken on the case. Depending on [he facts and.[he need for immediate administrative action, the-Chief of Police may ta&e immefliate action himself. ' '" �' � IN ALL MATTERS, THE CIIIEF OF POLICE IS THE � FINAL DECISION MAKING AUTHORITY. Once the, final disposition has b@en determined,�the Civilian -Review � Gommissiori will advise' tLe complainant of the case disposition in a letter. The possible disposifions � are: � 1. . IJNFOUNDED - Allegation is faise or not factual." 2. NOT SUSTAINED�- Insuf£cient evidence � to prove or disproye the inqident. 3. EXONERATED - Incident occurred, but it � waslawful and propeL � � 4. � SUSTAINED - Allegation is 'supported� by_ sufficient evidence to justify reasonable 'conclusion of'guilt. - , Discipline _of any employee, if the complaint is sustained, may take several forms raaging from an oLal repiimand, written reprimand,'retraining, suspension, demotion and sepaiation of employmeat or teimination. Although you will be informed of the dispositioa of your complaint and any actions taken against the officer, your statements, witness statements, police officer statements and other evidence obtained by Interttal . Affairs im�estigatots will be clas�ified as publiq private or confidential data in accoLdance to Minnesota Data PrivacyAct (Cliapter 13) and other State and Fedetal Laws. 2. Do not carry weapons (real or otherwise) or even joke about having a weapon on your person. 3. Do not touch the police officer or violate his or her "personal" sa#ety zone (2i/z-3 feet). 4. Remain calm and avoid being argumentative. (Tf you are uncooperative and refuse to answer reasonable questions, the officer is likely to become rnore suspicious and the encounter will probably last much longer than necessary.) 5. Comply first, then you may seek an explanation from the officer or the officer's supervisor later. Officer Conduct and Your Response: There are times when citizens who have contact with the police come away with feelings of frustration or dissatisfaction. The Saint Paul Police Department does not condone police misconduct of any type. The following sugges- tions will help you avoid physical confrontation with a police o£ficer: • Do not resist arrest for any reason • Control your emotions • Do not make threatening motions or statements to the officers talking to you. • Never interfere with the arrest of others who may be with you. If you believe an officer has acted 'unproperly, report the incident as soon as possible to the: St. Paul Police Internal Affairs Unit (651-292-3760) , St. Paul Police Duty Officer (afterhours, weekends, 651-292-3627) Complaints may also be reported to the NAACP, the Urban League, the Council on the Hearing Impaired, the Indian Affairs Council, the Chicano and Latino Affairs Council and the Saint Paul Human Rights Department Da-d 3 THE LAW AND YOU GUIDELINES FOR UNDERSTANDING POLICE-CIVILIAN CONTACTS Saint Paul Police Department 100 East Eleventh Street Saint Paul, Minnesota 55101 Chief William B. Finney those meetings the St. Paul Police Department has agreed to the use of business cards in regard to specified encounters with the public and to provide a`consent search advisor�' in cettain types of situations. Please review the following information. Use of Business Cards The Saint Paul Police Department remains committed to having a11 of its officers identify themselves by name to the people they serve. In order to enhance this commitment the department will require the use of business cards by every officer. The prnnary response officer on scene, and any other officer as requested wili be required to provide their business card: • When anyone ask for the officer's name, badge number or business card. • At traffic stops. • To any identified victim or complainant at all calls for service. To facilitate feedback from citizens the following statement will appear on the back of the card, If you have a comment ar concern about the service you have received, you may repoxt it to the Saint Paul Police Department, the Police-civilian Internal Affairs Review Commission or one of the organizations listed below. Consent Search Advisory Searches pursuant to reasonable suspicion, probable cause or incident to an arrest will not require the advisory and you do not have the right to deny a search. However, Saint Paui Police officers will be required to give individuals a consent search advisory before asking to conduct a search of the person or vehicle, when the search is entirely based on a request for consent. The Consent Search Advisory reads as follows: I would like to search you (or your vehicle). You should know that you have the right to refuse to allow me to search you and your vehicle. If you grant me permission, you may stop the search at any time. • If I find anything illegal, you will likely be arrested and prosecuted. • Do you understand what I have just told you? • May I search you? May I search your vehicle? Guidelines For Interacting With Law Enforcement Officers Law enforcement is both a difficult and dangerous profession. Duxing the last decade hundreds of officers have been killed or injured. Even the most routine traffic stop or citizen contact has the potential for danger. Police officers are trained to place a great deal of emphasis on their personai safety and survival. Even though you may have no intention of harming the officer or another person, the officer may maintain a defensive posture until they believe the risk of a confrontation or injury is diminished. Although the safety procedures that officers use may appear offensive or uncalled for to some citizens they have proven necessary to protect both the officer and others from harm. Staying out of trouble is the easiest way to avoid negative contacts with police officers. Hanging out with the wrong crowd or loitering in an area where crime is common, increases your chance of being approached by officers investigating individuals suspected of or associated with criminal activities. If you are stopped, questioned or detained by a police officer, approach him or her with respect. Even if you feel as though you are being unjusdy stopped or questioned it is in your best interest to cooperate. If You Are Stopped By The Police While In Your Car... 1. As soon as you notice the police emergency lights pull your vehicle over to the right immediately. • Although you might not know the reason, you should pull over right away. You may have committed a traffic violation without realizing it, there may be some problem with your vehicle of which you are unaware. 2. Remaininyourvehiclewhiletheofficerapproaches. Exiting your vehicle does not assist the officer and may be perceived as a threat. For the officer's safety and yours, remain in your vehicle. 3. Turn on your interior light if stopped at night. A well lighted car interior will reduce the officer's concern regarding weapons or other possible threats within your reach. 4. Keep your hands out in the open, preferably on the steering wheel where they can be easily seen by the approaching officer. Reaching undex your seat or into your glove box when the officer can't see what you are doing are actions that will cause the officer concern that you may be reaching for a weapon. 5. Give your license and proof of insurance to the officer if asked to do so. Minnesota law requires a driver to turn over this information upon request by a uniformed officer or an officer in plain clothes who displays proper identification. Most officers will not provide a specific reason(s) for the stop until they have received your license and insurance card. This is to avoid debating the reason for the stop prior to acquiring this necessary information. 6. If you wish to inquire as to why you were stopped or offer an explanation, do so before the off3cer returns to his or her vehicle. Answer all questions honestly. Information pertaining to prior arrests or traffic violations is easily verified via the police dispatcher. Touching or threatening a police officer or acting in a disorderly manner could result in the filing of additional charges against you and you will be arrested. If the officer asks you to step out of your vehicle, do so without any sudden or threatening movements. Give the officer approximately 2'/z-3 feet of "personal" space as a safety zone to do his or her job. Remain in your vehicle at all times unless told to do otherwise. Do not become argumentative, or abusive. If an officex has already written a ticket, it cannot be voided at that time. If you believe that you have been unfairly treated, DO NOT make that argument on the side of the road. Your best alternative is to carry your protest into court. If The Police Stop You On The Street: Innocent individuals are often offended or angered, or both, because an officer has detained them for questioning. Although the delay might be inconvenient for you, the officer believes there is a reason (xeasonable suspicion) to stop you and ask questions. Most of these stops are not self-initiated. The most comrnon reasons that cause an officer to stop someone are as follows: 1. You might be one of only a few people walking around in the vicinity of a crime that has recently occurred. 2. Your clothing might be similar or identical to that worn by the perpetrator of a crime. 3. Someone may have called the police complaining about your presence or that you looked "suspicioixs." 4. Someone may have pointed you out to the officer. 5. You might be acting in a manner that the officer considers "suspicious" and yoix may act even mare "suspicious" after realizing that the officer is observing you. The police officer does not wish to detain you any longer than necessary. Once the officer is able to determine that you are not the individual that he or she is looking for, the officer will often apologize for the inconvenience and then quickly leave to resume the search. In All Police Encounters... Avoid making sudden movements (for your wallet, into your coat, toward your waistband, etc.) until you have informed the officer of your intention to do so and the officer has said it's okay. �"j �"I�, �� %; i\�".�iiU Presented Refesed To Committee Date RESOLUTION REQUESTING THE SAINT PAUL POLICE DEPARTMENT TO PROVIDE AN UPDATE ON DATA COMPILED, AS WELL AS EFFORTS TO DEVELOP AND IMPLEMENT STRATEGIES AND PRACTICES TO PREVENT RACIAL PROFILING WHEREAS, the City of Saint Paul believes all residents deseroe equal protection under the law and will continue to enforce fair, equitable and constitutional policing practices. This belief is expressed in the Human Rights Chapter of the Saint Paul Legislative Code (Chapter 183); and WHEREAS, communities throughout the United States have begun to address the issue of racial profiling; and WIIEREAS, the Saint Paul Police Department voluntarily collects data on all traffic stops; and WIIEREAS, the Saint Paul Police Department has prohibited all acts of racial profiling since July 1996, which is articulated in an internal policy document titled Policy and General Orders. Specifically, General Order 230.13, Conduct Unbecoming a Peace Officer: Principle Three and General Order 230.13, Conduct Unbecoming a Police Officer: Policy, Scope and Principles One through Five; and WHEREAS, the NAACP and the Saint Paul Police Department have engaged in discussions mediated by the U.S. Department of Justice Community Relations Service from Mazch through June 2001; and WIIEREAS, the ensuing formal agreement resulting from these discussions provides for, among other things, that the Saint Paul Police Depariment will provide a"consent seazch advisory" in order to ensure citizens' right to remain secure in their personal effects; and WHEREAS, the Saint Paul Police Deparhnent provided the City Council on September 19, 2001 an update regarding the collection and analysis of racial profiling data, as well as efforts to develop and implement strategies and practices to prevent racial profiling; and WIIEREAS, the Saint Paul City Council requested the Saint Paul Police Deparhnent to provide, this report twice annually; and WHEREAS, the Saint Paul Ciry Council has not received an update since September 19,2001; now therefore be it Council File # 0 a- S 3 Green Sheet # ��ZS RESOLUTION CITY OF SAINT PAUL, MINNESOTA „ _ n „ _ RESOLVED, that the Saint Paul City Council hereby requests the Saint Paul Police Department to provide it with an update on data compiled (absent individual ofFicer identification), as well as efforts to develop and implement strategies and practices to prevent racial profiling beginning with a report to the City Council on February 20, 2002. o�-g3 Requested by Departrnent o£ � Form Approved by City Attorney � Adoption Certified by Council Secretary Approved by Mayor for Submission to Council � App� � Adopted by Council: Date � c,a � �.o o� � ���� i-2s-n2 GREEN SHEET oa•83 N� 113725 ONrACT PERSON & PFiONE I InxlalNab MMWfDa1e Councilmember Blakey 6-8610 �, , �,�,�,� IUST BE ON COUNCIL AGQm/1 BY (DATF� AElIGI1 2�7��2 �� pnAiidllEY arvCLfllt ROUTYW � i�iR11fJOLiFRVIf:FtOtlt ❑ f�IMICJ11LfEAVl�CCia _ � r�wnlort�amsnu+p ❑ TOTAL # OF SIGNATURE PAGES (CLJP ALL LOCATIONS FOR SIGNATURE) �ieso�ut on requesting the Saint Paul Police Department to provide an update on data compiled, as well as efforts to develop and implement strategies and practices to prevent racial profiling. PLANNING COMMISSION CIB COMMITTEE CNIL SERVICE COMMISSION Whffi, When. Where. WhY) RSONAL SERVICE CONiRACIS MUST ANSWER iXE FOLLOWING QUESTIONS: Has mis peisoNfirm e.arwor�cea unaer a contrect for mis aepanmenn YES NO Fias this De�soNfirm ever been a dtY emPbYee� YES NO Does thie PeR�� P� a sldll rwt normallYP��� bf' anY curtent citY emPioyee? YES NO Is this peisailfrm a tarpeted vendoY7 VES NO „ .�4�°d a t.;�Y ��F� � �* � ' , IF .. I 'y.,.. TRANSACTION SOURCE INFORMAiION (IXPWM COST/REVENUEBUDGEfED(CIRCLEON� YES NO ACTNITY NUMBER aa, &�3 ,` - February 20, 2002, City Council Acrion Minutes Page 5 Adopted Yeas - 7 Nays - 0 FOR DISCUSSION 26. Resolution - 02-72 - Ordering the owner to remove or repair the building at 85'7 Jenks Avenue within five (5) days from adoption of resolution. (I,egislative Hearing Officer recommends approval) (Laid over from February 6) Adopted Yeas - 7 Nays - 0 � 27. Update by the Police Department on data compiled, as well as efforts to develop and implement strategies and practices to prevent racial profiling. (Requested in Council File #02-83 adopted on February 6, 2002) An update was presented by Commander Timothy Leslie, Police Department. ORDINANCES NOTE: AN ORDINANCE IS A CITYLAW ENACTED BY THE CITY COUNCIL.d�IS READ AT FOUR SEPARATE COUNCIL MEETINGS AND BECOMES EFFECT7VE AFTER PASSAGE BYTHE COUNCIL AND 30 DAYS AFTER PUBLICATIONIN THE SAINT PAUL LEGAL LEDGER. 28. Second Reading - 02-125 - An ordinance amending Chapter 18 of the Saint Paul Legislarive Code to correct language authorizing the Legislafive Hearing Officer to hear appeals of decisions related to Newsracks. Laid over to February 27 for third reading/puhlic hearing Suspension Items Resolution - 02-135 - Authorizing the acquisition of a parcel bounded by West Seventh Street, Smith Avenue and McBoal Street from Ramsey County. Adopted Yeas - 7 Nays - 0 Resolution - 02-136 - Accepting the gift of two tickets from Wells Fazgo Bank to the Hazley Davidson First Annual Black n'Blue Gala to benefit the Muscular Dystrophy Association. Adopted Yeas - 7 Nays - 0 Resolution - 02-137 - Amending Council File #02-71, adopted by the City Council on January 23, 2002, by ordering the owner to remove or repair the building at 625 TIMOTHY J. LESLIE Senior Commander Qa -8,3 POLICE DEPARTMENT , CITY OF SAIN'L PAUL EASTERNDSSTWCT .� 100 Easf Elez�enth Sbeet l�mce Nlail. 652-265-6902 Saint Paul, MN 55102 Ntai1 Box #� 3562 CNk MIRANDA WARNING oa-�3 You have the rigM to remain siler�t. Mything you say can antl wili be used agairtst you in a couK of Iaw. You have the rigM to taik io a lawyer antl have him present with you whiie you are being questioned. If you canno! affortl to hire a iawyer, one will be appointed to represent you before any questioning, if you wish one. WAIVER ter the waming and in order to secure a waiver, the folbwing iesNons should be asked and an affirtnative repty secured to each iestion. Do you understand each of these rigfits i have expiained to you? Having these rigbts in mind, do you wish to taik to us now? ; Wliat happens if tfeere is a criminal � , invesligation of k pQ&ce officer? Where an invesfigation req�mes an inquiry into a mattei � that may be both criminal and�a breach of department - policy o� procedures, you will be advised that either , � course of action may� b8 puisued. 'If a criminal "; investigation conceming a police officer is opened, it_ will be conducted under normal police investigaflve .. � procedures. The administration will take no action , ' regarding a breach o£policy or procedure untii the' �^ issue of the criminat chazges is xesolved_ �� Who do I contact to make a complaint? c�ti, �te �r ���i: � � Police-Civilian Intemal Affairs Review Commission ,� 100 East Hleventh Street , Saint Paul, Minnesota � 55101 , Phone: (651) 292-3583 � Office Houcs-aze Monday-Fiiday � , � 8:00 a.m. to 4:30 p.m. �� -OR- `" I �Internal Affairs'Unit " � � � - �' � �� Saint Pa�-Police �Department _ , , 100 East Eleventh Sheet , Saiat Paul,-Minnesota � 55101 __ �i ' Phone: _ (651) 292-3960 - � - - - � � Office Hours are Monday-Friday 8:00 a.m. to 5:00 p.m: �! At other times you may contac[ the on-duty Duty Officer � at (651) 292-3629. or the E.C.C. Supervisor at (651} 292-3568. Citizen Complaint Centeis can also assist with filing a�, Y � - oomplaint � - ' � � `1 1. NAACP (651) 649-0520 ' 2. Urban I,eague (651) 224-5771 3. Counci] on Asian-Pacific Minnesotans (651) 296-0538 4. Council oa Aeazing Impaired (651) 297-9305 ' ' 5. Indian Affairs CouncIl (651) 284-3567 . 4 6. Human Rights (651) 266-8964 What:�'I'm skltdissatis,�ed? If you're still dissatisfied, you always have recoucse to � the courts,-human �rights enforcement agencies, and ' elected officiaLs.to further pusue a matter. .- woi A � A• � p A ` n x � � y� a ° �' W —" p: � P: �" o :� � o � . _ ' I aa-� ���� � - �I��IFORMt�TIO�i ON �,.<� _ . . �, -..�_ .�._ . �..�. �, _ . � � 11\ 1 L' l�l\EiLL i`till�S t i =i i � 3 i'.� j `� �i ��1 ,,.:I ,1 ` , ` i .3 '�, � I �j� °.. � i y � ; AND THE POLICE-CIVII.IAN INTERNALAFFAIRS REVIEV�' COlVIMISSION Saint Paul Police Department i 100 East Elevenffi Street Saint Pan1,113innesota 55101 �. : � C7uef William K, Finney .. t ;:' Policy A parfnezs]up, based on trust and con£dence between depaRment members and the commnniCy, is essential for effective law e�'orcement and commimify hanqui7ity. Citizens must feel free to hold accountable public employees who exhibit behaviox they feel is illegal, immoral or� unfair. At the same time, police officers must be free to exercise their best judgement and to initiate enfozcement action in a lawful and impartial manner without feaz of ceprisal. Any persou'who believes an officer's acfions are improper is encouraged to bring the complaint to the attenflon of the police department: � ! i � Edery effort will be made to insure that no adverse .. + consequences will befall any person or witness who ', brings a eomplaint or provides information in any �� investigation of a complaint acting in good faith. � -� � � Complaints will be pursued promptly and completed ��� �- as quickly as possible. ' " � � � Wlaat is the function of the Po&ce-Civilian � Internal Affdirs Review'Commission? � �� ThepPolice,Givilian Intemal Affaits Review Commission � � consists of five members from the community and two - �- police offlcers whom �aie� appointed by the Mayoi with �. „, appcovai� of {he City CouncIl. -1Lis Commission Feviacvs ,! ;. �;, a41 citnzen iaitiated camplaints and any poliee �, , , dischazge of a fireazm for o[her than treining pucposes. �'� " Members of the Commission will recommend a final . disposiUOn on investigalions they xeview and further �� recommend diseiplinary action� when wazranted. In all ;� cases, the GLief of Po3ice will be the final authority ov . mattecs of�discipline., The police. depar-tmenYs complaint proceduxe is ,: intended to' pmvide cosec[ive action when a police officer � e�ibits impzoper ctindud. At the sazne time, 6fficecs are afforded protections from unwazxanted criticism when dischazging-�lheir.duTies in.liae with established policies and procedures. - 'Lhe Commission has a aivilian coordinator to� assist in `� receiving complaints"from the public. This person is � employed by the police department for the specific purpose of building t[ust in the complaint investigation process and serving as a staff positioa to the Commission. �� ,.�.1 Who investigates compiaints about po&ce service? The�Intemal Affairs i7nit is the im�estigative arm of the polibe department and the Police-Civilian Intemal Affaus Review Commission. Its function is to impar[ially interview witnesses, collect evidence and pmsent facts to the police and the Commission for review and disposition. The In[ecnal �Affairs Unit investigates serious allegations of misconduct or negligence of duty by police department employees. Any use of firearms by oni officers will also be investigaYed by this uniC. Cases relating to public relalions and procednre issues aze sant to the empIoyee's Unif Commander for invesrigation (e.g, rnde behavior, inagpropriate.language, policy violations). This is done to reduce the time required to complete case investigatioris. The investigations by the Unit,Commander are handled in a comparable manner as the Intemal Affaiis iJnit 'I'his piocess allows� an immediate supecvisor to investigate and monitor tLe employee. How is the Intemal Affairs Unit.staffed? The Internal Affaits Unit is staffed liy a Senior Commandei and three Inspectox Sexgeants who report directly to the Cluef of Police. Of6cers selec[e.d to work in the�Intemal Affurs Unit aze chosen because of their integrity, faimess, excellent work recoid, investigative abiliTy and common sense. How` do I make a complaint about po&ee � service? Several� op'tions are available to you for making a complaint when you aze not satisfied with [he service you received from,a member of the police departmeat. An i.mmediate concem can be conSeyed to SLe Duty Of£icer, Emergency Communication Supervisot or any supervisor where the employee wbrks. You may also call, visit,. ot write Ehe deparhvenYs Intemal Affairs Unif , or the civilian coordinator for the Police-Civilian Intemai Affaus Review Commission. Someone within the police department �is available to talk to you about your complaint ?A h'uurs day. If you choose to talk with someone outside of the police department, you may wntact�the Civiliau Coordinatoc for the Police-Civilian Internal. Affairs Review � Commission, an individual Commissioner, Internal ' ; °# , ��� 1 Affaics Unit, Duty Office�, Emergency Co�unicafion �� Center Supervisor or any of the citizen assist centers including the NAACP, Urban League, Council on"� �' Asian-Pacific Minnesotans, Council on Hearing Impaued, Indian Af£aiis Council, Human Rights and the Mayor's Complaint Of6ce. _, How are complaints resdved? At the conclusion of a citizea based investigatioa, Internal Affairs submits the completed case file to the Police-Civilian Intemal Affairs Review Commission for review. The Commission makes a recommendation for disposition and discipline to the Chief of Police. � The Chief may agree with the Commission and take the recommended action. If the Chief disagrees with the Commission's recommendations, tlie Chief will meet with the Commission Chairpeison within five days and seek to agee od a final action to be taken on the case. Depending on [he facts and.[he need for immediate administrative action, the-Chief of Police may ta&e immefliate action himself. ' '" �' � IN ALL MATTERS, THE CIIIEF OF POLICE IS THE � FINAL DECISION MAKING AUTHORITY. Once the, final disposition has b@en determined,�the Civilian -Review � Gommissiori will advise' tLe complainant of the case disposition in a letter. The possible disposifions � are: � 1. . IJNFOUNDED - Allegation is faise or not factual." 2. NOT SUSTAINED�- Insuf£cient evidence � to prove or disproye the inqident. 3. EXONERATED - Incident occurred, but it � waslawful and propeL � � 4. � SUSTAINED - Allegation is 'supported� by_ sufficient evidence to justify reasonable 'conclusion of'guilt. - , Discipline _of any employee, if the complaint is sustained, may take several forms raaging from an oLal repiimand, written reprimand,'retraining, suspension, demotion and sepaiation of employmeat or teimination. Although you will be informed of the dispositioa of your complaint and any actions taken against the officer, your statements, witness statements, police officer statements and other evidence obtained by Interttal . Affairs im�estigatots will be clas�ified as publiq private or confidential data in accoLdance to Minnesota Data PrivacyAct (Cliapter 13) and other State and Fedetal Laws. 2. Do not carry weapons (real or otherwise) or even joke about having a weapon on your person. 3. Do not touch the police officer or violate his or her "personal" sa#ety zone (2i/z-3 feet). 4. Remain calm and avoid being argumentative. (Tf you are uncooperative and refuse to answer reasonable questions, the officer is likely to become rnore suspicious and the encounter will probably last much longer than necessary.) 5. Comply first, then you may seek an explanation from the officer or the officer's supervisor later. Officer Conduct and Your Response: There are times when citizens who have contact with the police come away with feelings of frustration or dissatisfaction. The Saint Paul Police Department does not condone police misconduct of any type. The following sugges- tions will help you avoid physical confrontation with a police o£ficer: • Do not resist arrest for any reason • Control your emotions • Do not make threatening motions or statements to the officers talking to you. • Never interfere with the arrest of others who may be with you. If you believe an officer has acted 'unproperly, report the incident as soon as possible to the: St. Paul Police Internal Affairs Unit (651-292-3760) , St. Paul Police Duty Officer (afterhours, weekends, 651-292-3627) Complaints may also be reported to the NAACP, the Urban League, the Council on the Hearing Impaired, the Indian Affairs Council, the Chicano and Latino Affairs Council and the Saint Paul Human Rights Department Da-d 3 THE LAW AND YOU GUIDELINES FOR UNDERSTANDING POLICE-CIVILIAN CONTACTS Saint Paul Police Department 100 East Eleventh Street Saint Paul, Minnesota 55101 Chief William B. Finney those meetings the St. Paul Police Department has agreed to the use of business cards in regard to specified encounters with the public and to provide a`consent search advisor�' in cettain types of situations. Please review the following information. Use of Business Cards The Saint Paul Police Department remains committed to having a11 of its officers identify themselves by name to the people they serve. In order to enhance this commitment the department will require the use of business cards by every officer. The prnnary response officer on scene, and any other officer as requested wili be required to provide their business card: • When anyone ask for the officer's name, badge number or business card. • At traffic stops. • To any identified victim or complainant at all calls for service. To facilitate feedback from citizens the following statement will appear on the back of the card, If you have a comment ar concern about the service you have received, you may repoxt it to the Saint Paul Police Department, the Police-civilian Internal Affairs Review Commission or one of the organizations listed below. Consent Search Advisory Searches pursuant to reasonable suspicion, probable cause or incident to an arrest will not require the advisory and you do not have the right to deny a search. However, Saint Paui Police officers will be required to give individuals a consent search advisory before asking to conduct a search of the person or vehicle, when the search is entirely based on a request for consent. The Consent Search Advisory reads as follows: I would like to search you (or your vehicle). You should know that you have the right to refuse to allow me to search you and your vehicle. If you grant me permission, you may stop the search at any time. • If I find anything illegal, you will likely be arrested and prosecuted. • Do you understand what I have just told you? • May I search you? May I search your vehicle? Guidelines For Interacting With Law Enforcement Officers Law enforcement is both a difficult and dangerous profession. Duxing the last decade hundreds of officers have been killed or injured. Even the most routine traffic stop or citizen contact has the potential for danger. Police officers are trained to place a great deal of emphasis on their personai safety and survival. Even though you may have no intention of harming the officer or another person, the officer may maintain a defensive posture until they believe the risk of a confrontation or injury is diminished. Although the safety procedures that officers use may appear offensive or uncalled for to some citizens they have proven necessary to protect both the officer and others from harm. Staying out of trouble is the easiest way to avoid negative contacts with police officers. Hanging out with the wrong crowd or loitering in an area where crime is common, increases your chance of being approached by officers investigating individuals suspected of or associated with criminal activities. If you are stopped, questioned or detained by a police officer, approach him or her with respect. Even if you feel as though you are being unjusdy stopped or questioned it is in your best interest to cooperate. If You Are Stopped By The Police While In Your Car... 1. As soon as you notice the police emergency lights pull your vehicle over to the right immediately. • Although you might not know the reason, you should pull over right away. You may have committed a traffic violation without realizing it, there may be some problem with your vehicle of which you are unaware. 2. Remaininyourvehiclewhiletheofficerapproaches. Exiting your vehicle does not assist the officer and may be perceived as a threat. For the officer's safety and yours, remain in your vehicle. 3. Turn on your interior light if stopped at night. A well lighted car interior will reduce the officer's concern regarding weapons or other possible threats within your reach. 4. Keep your hands out in the open, preferably on the steering wheel where they can be easily seen by the approaching officer. Reaching undex your seat or into your glove box when the officer can't see what you are doing are actions that will cause the officer concern that you may be reaching for a weapon. 5. Give your license and proof of insurance to the officer if asked to do so. Minnesota law requires a driver to turn over this information upon request by a uniformed officer or an officer in plain clothes who displays proper identification. Most officers will not provide a specific reason(s) for the stop until they have received your license and insurance card. This is to avoid debating the reason for the stop prior to acquiring this necessary information. 6. If you wish to inquire as to why you were stopped or offer an explanation, do so before the off3cer returns to his or her vehicle. Answer all questions honestly. Information pertaining to prior arrests or traffic violations is easily verified via the police dispatcher. Touching or threatening a police officer or acting in a disorderly manner could result in the filing of additional charges against you and you will be arrested. If the officer asks you to step out of your vehicle, do so without any sudden or threatening movements. Give the officer approximately 2'/z-3 feet of "personal" space as a safety zone to do his or her job. Remain in your vehicle at all times unless told to do otherwise. Do not become argumentative, or abusive. If an officex has already written a ticket, it cannot be voided at that time. If you believe that you have been unfairly treated, DO NOT make that argument on the side of the road. Your best alternative is to carry your protest into court. If The Police Stop You On The Street: Innocent individuals are often offended or angered, or both, because an officer has detained them for questioning. Although the delay might be inconvenient for you, the officer believes there is a reason (xeasonable suspicion) to stop you and ask questions. Most of these stops are not self-initiated. The most comrnon reasons that cause an officer to stop someone are as follows: 1. You might be one of only a few people walking around in the vicinity of a crime that has recently occurred. 2. Your clothing might be similar or identical to that worn by the perpetrator of a crime. 3. Someone may have called the police complaining about your presence or that you looked "suspicioixs." 4. Someone may have pointed you out to the officer. 5. You might be acting in a manner that the officer considers "suspicious" and yoix may act even mare "suspicious" after realizing that the officer is observing you. The police officer does not wish to detain you any longer than necessary. Once the officer is able to determine that you are not the individual that he or she is looking for, the officer will often apologize for the inconvenience and then quickly leave to resume the search. In All Police Encounters... Avoid making sudden movements (for your wallet, into your coat, toward your waistband, etc.) until you have informed the officer of your intention to do so and the officer has said it's okay.