PURPOSE
A. The purpose of this policy is to prohibit the practice of racial and other
biased-based policing by members of the Pottawatomie County Sheriffs
Office. This policy applies to all employees and volunteers Of this agency.
DEFINITIONS
A. "Crime" means an act or omission defined by law and classified as felonies,
misdemeanors, traffic infractions, or cigarette or tobacco infractions as provided
in K.S.A 21-5102.
B. "Enforcement action" means any law enforcement act during a non-consensual
contact with an individual(s) in 1) determining the existence of probable cause
to take into custody or to arrest an individual; 2) constituting a reasonable and
articulate suspicion that an offense has been or is being committed so as to
justify the detention of an individual or the investigatory stop of a vehicle; or 3)
determining the existence of probable cause to conduct a search of an
individual or a conveyance.
C. "Probable Cause" means a reasonable grounds to believe a person has
committed or is committing a crime or that a place contains specific items
connected with a crime, supported by specific and articulable facts, based on
the officer's observations, knowledge, training and experience, including
information from a reliable source.
D. "Racial or other biased-based policing" means the unreasonable use of race,
ethnicity, national origin, gender or religion by a law enforcement officer in
deciding to initiate an enforcement action. It is not racial or other biased-based
policing when race, ethnicity, national origin, gender or religion is used in
combination with other identifying factors as part of a specific individual
description to initiate an enforcement action.
E. "Reasonable suspicion" means a particularized and objective basis, supported
by specific and articulable facts, to suspect a person has committed, is
committing or is about to commit a crime. Reasonable suspicion may be based
on the officer's observations, knowledge, and experience as well as reasonably
trustworthy information known to the officer at the time an action is taken.
F. "Stop" is a seizure occurring when a law enforcement officer, by force or some
show Of authority, restrains a person's liberty.
G. Acts that constitute racial or other biased-based policing include but are not
limited to:
1. using race, ethnicity, national origin, gender, or religion as a general
indicator or predictor Of criminal activity.
2.
Using the race, ethnicity, national origin, gender, or religion of a person in
the course of any law enforcement action unless the officer is seeking to
detain, apprehend, or otherwise be on the lookout for a suspect sought in
connection with a crime who has been identified or described in part by
race, ethnicity, national origin, gender, or religion.
3.
using the race, ethnicity, national origin, gender, or religion Of a person in
the course of any reasonable action in connection with a status offense,
such as, runaways, child in need of care, missing persons, and other non-
criminal care taker functions unless the person is identified or described in
part by race, ethnicity, national origin, gender, or religion.
4.
using race, ethnicity, national origin, gender, or religion shall not be
motivating factors in making law enforcement decisions and/or actions,
unless the person is identified or described in part by race, ethnicity,
national origin, gender, or religion.
5.
using race, ethnicity, national origin, gender, or religion as the basis for
discretionary law enforcement i.e. who they will cite, arrest, warn, search,
release or which person(s) to treat with respect and dignity.
REGULATION
A. Members Of this agency are prohibited from engaging in racial or Other biased-
based policing as provided in this policy or prohibited by law.
B. Members of this agency shall report to their supervisor any incidents of racial or
other biased-based policing they have direct knowledge Of.
Any member violating the provisions Of this policy or the state or federal
C. statutes pertaining to racial or Other biased-based policing or violating the
constitutional rights of any person as provided in this policy is subject to
corrective action or discipline. Such discipline includes actions appropriate in
response to the nature of the violation based on facts revealed in the
investigation of the complaint and consistent with applicable laws, rules and
regulations, ordinances or policies, including but not limited to, suspension or
termination Of employment. Discipline may also include retraining, counseling,
or any other action deemed appropriate to deter repeated violations.
SUPERVISOR RESPONSIBILITIES
A. Supervisors are responsible for oversight to ensure all officers use
reasonableness and properly apply the legal standards for taking enforcement
actions or applying law enforcement discretion.
B. Supervisors shall review citizen complaints and reports filed on stops by
officers and randomly observe officers actions on vehicle and pedestrian
stops.
C. Supervisors shall take appropriate action, including but not limited to coaching
and discipline, to assure compliance with this policy and related state and
federal statutes.
D. Supervisors should be cognizant of any pattern or practice of possible
discriminatory treatment by individual officers or groups of officers. If such
pattern or practice is observed, the supervisor must take immediate steps to
further investigate; to intervene in such activity; take corrective action; and
report the activity and action taken to superiors.
TRAINING
A. All law enforcement officers of this agency shall attend and successfully
complete annual racial or Other biased-based policing training.
1. Distance learning training technology is allowed for racial or other biased-
based policing training.
2. The required racial and Other biased-based policing training may include
directly or indirectly related to training intended to address racial and
biased-based policing issues.
B. Training exemptions referenced in KSA 22-4610 subsection (d)(2)(F) shall be in
accordance with the authority granted to the Executive Director Of the Kansas
Commission on Peace Officers Standards and Training per KSA 74-5607a,
which in pertinent part provides "The director may extend, waive or modify the
annual continuing education requirement, when it is shown that the failure to
comply with the requirements was not due to the intentional avoidance of the
law."
COMPLAINTS OF RACIAL OR OTHER BIASED-BASED POLICING
A. Any person who believes they have been subjected to racial or other biased-
based policing may file a complaint with the agency and/or the attorney
general's office.
B. A complaint of racial profiling will be handled in accordance with the
Pottawatomie County Sheriffs Office policy regarding Citizens Complaints .
C. No person who believes they have been subjected to racial or other biased-
based policing shall be discouraged, intimidated, or coerced from filing such a
complaint.
D. No person will be discriminated against or subjected to retribution because
they have filed such a complaint.
AGENCY REQUIREMENTS
A. This agency will conduct ongoing community outreach and communications
efforts:
1. Such outreach and communications shall include:
a. A statement of the person's right to file a complaint with the agency
and/or the Office of the Attorney General.
b. An explanation of how to file a complaint with the agency,
c. An explanation of how to file a complaint with the Office of the Attomey
General, and
d. A description Of the agency's complaint process.
B. This policy is a public document and any person requesting to see it during
normal business hours will be provided an opportunity to examine it.
C. The agency shall file a report no later than July 31 of each year to the
Attorney General as required by statute. Such report shall be for the period
beginning July 1 of the previous year through June 30 of the current year.
Such report shall be available for examination by any person requesting to
see it during normal business hours.
