1.2.9 (LE1) (MMMM) Unlawful or Improper Bias in Public Safety

1.2.9 (LE1) (M M M M) Unlawful or Improper Bias in Public Safety

The agency has a written directive governing unlawful or improper bias in public safety and, at a minimum, includes the following provisions:

a. a prohibition against unlawful or improper bias in public safety;

b. initial training prior to assignment, and annual refresher training in biased issues including legal aspects, for all affected personnel prior to assignment; and

c. a documented annual review of the agency’s unlawful or improper bias in public safety policy by all affected personnel;

d. in-service and remedial training as defined by the agency; and

e. a documented annual administrative review of activities with potential for bias to include, but not limited to, traffic and field contacts, asset forfeiture efforts, citizen complaints and any corrective measures taken.

Commentary

Unlawful or improper bias in public safety is the application of police authority based on a common trait of a group. This includes but is not limited to race, ethnicity, national origin, religion, age, gender, gender identity/expression, sexual orientation, immigration status, disability, housing status, occupation, or language fluency.

Law enforcement agencies should not condone unlawful or improper bias in public safety in its enforcement programs as it may lead to allegations of violations of the constitutional rights of the citizens we serve, undermine legitimate law enforcement efforts, and may lead to claims of civil rights violations. Additionally, unlawful or improper bias in public safety alienates the public, fosters distrust of law enforcement by the community, invites media scrutiny, invites legislative action, and judicial intervention.

Law enforcement personnel should focus on a person's conduct and not consider common traits unless that trait has been associated with a specific suspect of a crime or the suspects associated with a pattern of incidents in a particular area.

Law enforcement agencies should implement ongoing, top down training for all affected personnel assigned to duties requiring agency-related contact with members of the public in cultural diversity and related topics that can build trust and legitimacy in diverse communities. Documented initial training should be conducted prior, or at least within 60 day, of assignment where personnel may interact with the public in an official capacity.  This should be accomplished with the assistance of advocacy groups that represent the viewpoints of communities that have traditionally had adversarial relationships with law enforcement.  The agency should ensure all police actions provide training that addresses how bias can affect police activities and decision making, such as field contacts, traffic stops, searches, asset seizure and forfeiture, interviews and interrogations. Training should emphasize the corrosive effects of unlawful or improper bias in public safety on individuals, the community and the agency.  Agencies should consider ways that citizens might seek to utilize law enforcement personnel against others in a biased manner and consider training, policies, or other safeguards to minimize the risk personnel are placed into biased circumstances by an outside source.

It is best practice for the agency to collect and track data relating to all citizen contacts as defined by the data tables (unlawful or improper bias in public safety, traffic warnings and citations).  Time sensitive standard.  (M M M M) (LE1)