HomeMy WebLinkAbout2012-02-21-10:00AM-REGULARY
BRAZOS COUNTY
BRYAN,TEXAS
NOTICE OF MEETING AND AGENDA
BRAZOS COUNTY COMMISSIONERS COURT
THE COMMISSIONERS COURT OF BRAZOS COUNTY WILL MEET IN
REGULAR SESSION ON FEBRUARY 21, 2012 AT 10:00 AM IN THE
COMMISSIONERS COURTROOM OF THE COUNTY ADMINISTRATION
BUILDING, 200 SOUTH TEXAS AVE., SUITE 106, BRYAN, TX 77803
1. Invocation and Pledge of Allegiance - Chaplain G.H. Jones and Commissioner Cauley
2. Call for Citizen input and /or concerns.
Consider and take action on agenda items 3 - 14:
3. Reappointment of Dr. Tammy Tiner as a Board of Trustee member of the Mental Health Mental
Retardation Authority of Brazos Valley: term of appointment is March 1, 2012 through February 28,
2014.
4. Job Description for Sergeant - Custodian of Records in the Sheriff - Jail Admin Division.
5 . Discussion and determination of transfer amount to Texas Health and Human Services Commission for
the Upper Payment Limit Program for indigent health services.
6 . Agreement with OutPaySvstems for inmate trust account release processina for the Sheriff's Office.
7_ Requisition # 0036963 to Secure Options Inc. in the amount of $7.378.00 for the licenses of existing
survelliance cameras.
g. Treasurer's report for the month of December 2011 and quarter ending December 31, 2011.
9. Tax Refund Applications for the following:
• a. Mitchell Scott Carroll - overpayment -$6.01 31 O n
• b. Robert Dean & Elizabeth Y Chenoweth - overpayment- 1 • O
• c. Physicians Home Medical Equipment - overpayment- $143.30
10. Budget Amendments.
vaj. 157 p , 3 5
Budget Amendments FY 11/12 20.1 -20.3
11 Manual requisition in the amount of $54,000.00 to SCR Construction to crack seal the parking lot at the
expo center.
12. Manual requisition to Steve Hodges in the amount of $500.00 for the installation of additional
eguipment needed to improve sound system for the north covered arena at Expo Complex.
13. Personnel Change of Status.
Personnel Action Forms
14. Payment of Claims.
15. Acknowledgement of the 2011 Racial Profiling Report for the Precinct 3 Constable's Office.
16. Acknowledgement of the 2011 Racial Profiling Report for the Sheriff's Office.
1 Acknowledgement of the Brazos County Purchasing Department Update for the week of February 9 -
16. 2012.
18. Sheriff's report on inmate population.
19. Announcement of interest items and possible future agenda topics.
20. Call for Citizen input and /or concerns.
21. Adjourn.
3 (P
Vol. — -- pg• ° °�
PUBLIC COMMENTS
Public Comment during the Commission Meeting may be for all matters, both on and off the agenda, and be limited to four
minutes per person. Persons are invited to submit comments in writing on the agenda items and/or attend and make comment
at the Commission meeting. Members of the public are reminded that the Brazos County Commissioners Court is a
Constitutional Court, with both judicial and legislative powers, created under Article V, Section 1 and Section 18 of the Texas
Constitution. As a Constitutional Court, the Brazos County Commissioners Court also possesses the power to issue a
Contempt of Court Citation under Section 81.024 of the Texas Local Government Code. Accordingly, members of the public in
attendance at any Regular, Special and /or Emergency meeting of the Court shall conduct themselves with proper respect and
decorum in speaking to, and /or addressing the Court; in participating in public discussions before the Court; and in all actions in
the presence of the Court. Those members of the public who are inappropriately attired and/or who do not conduct themselves
in an orderly and appropriate manner will be ordered to leave the meeting. Refusal to abide by the Court's Order and/or
continued disruption of the meeting may result in a Contempt of Court Citation.
It is not the intention of the Brazos County Commissioners Court to provide a public forum for the demeaning of any individual
or group. Neither is it the intention of the Court to allow a member (or members) of the public to insult the honesty and /or
integrity of the Court, as a body, or any member or members of the Court, or County employees, individually or collectively.
Accordingly, profane, insulting or threatening language directed toward the Court and /or any person in the Court's presence
and /or racial, ethnic or gender slurs or epithets will not be tolerated. Violation of these rules may result in the following
sanctions:
1. cancellation of a speaker's time;
2. removal from the Commissioners Court;
3. a Contempt Citation; and /or
4. such other and /or criminal sanctions as may be authorized
under the Constitution, Statutes and Codes of the State of Texas.
The County Commissioners Court can deliberate or take action only if a matter has been listed on an agenda properly posted
prior to the meeting. During the public comment period, speakers may address matters not listed on the published agenda. The
Open Meeting Law does not expressly prohibit responses to public comments by the Commissioners Court. However,
responses from the County Judge or Commissioners to unlisted public comment topics could become deliberation on a matter
without notice to the public. To ensure the public has notice of all matters the Commissioners Court will consider, the County
Judge and /or Commissioners may choose not to respond to public comments, except to correct factual inaccuracies, recite
existing policy in response to an inquiry or to ask that a matter be listed on a future agenda. See Texas Open Meetings Act ?
551.042.
INVOCATION
Any invocation that may be offered before the official start of the Court meeting shall be to and for the benefit of the Court. The
views or beliefs expressed by the invocation speaker have not been previously reviewed or approved by the Court and do not
necessarily represent the religious beliefs or views of the Court in part or as a whole. No member of the community is required
to attend or participate in the invocation and such decision will have no impact on their right to actively participate in the
business of the Court.
The Commissioners Courtroom of the County Administration Building, 200 South Texas Ave., Suite 106, Bryan, TX 77803 is
wheelchair accessible. Handicap parking spaces are available. Any request for sign interpretive services must be made two
working days before the meeting. To make arrangements, please call (979) 361 -4102.
V OL 157 Pg. �) -3 7
BRYAN,TEXAS
MINUTES
February 21, 2012
BRAZOS COUNTY COMMISSIONERS COURT
REGULAR MEETING
Signature Page 2- 21.pdf
File Stamped Apendaldf
Sign in sheet.pdf
A regular meeting of the Commissioners' Court of Brazos County, Texas was held in
the Brazos County Commissioners Courtroom in the Administration Building, 200
South Texas Avenue, in Bryan, Brazos County, Texas, beginning at 10:00 a.m. on
Tuesday, February 21, 2012 with the following members of the Court present:
Duane Peters, County Judge, Presiding;
Lloyd Wassermann, Commissioner of Precinct 1;
Sammy Catalena, Commissioner of Precinct 2;
Kenny Mallard, Commissioner of Precinct 3;
Irma Cauley, Commissioner of Precinct 4;
Karen McQueen, County Clerk.
The attached sheets contain the names of the citizens and officials that were in
attendance.
Invocation and Pledge of Allegiance -
Chaplain G.H. Jones and Commissioner Cauley
2. Call for Citizen input and /or concerns.
There was no citizen's input.
Consider and take action on agenda items 3 -14:
Vol. P8•
a3�
BRAZOSCOUNTY
3. Reappointment of Dr. Tammy Tiner as a Board of Trustee member of the Mental Health
Mental Retardation Authority of Brazos Valley; term of appointment is March 1, 2012
through February 28, 2014.
1D Item 3.pdf
Approved as submitted.
Motion: Approve, Moved by Commissioner Irma Cauley, Seconded by Commissioner
Lloyd Wassermann. Passed. 5 -0. Members voting Aye: Catalena, Cauley, Mallard ,
Peters, Wassermann .
4. Job Description for Sergeant - Custodian of Records in the Sheriff - Jail Admin Division.
Item 4.pdf
Approved as submitted. A copy of the job description is attached.
Motion: Approve, Moved by Commissioner Kenny Mallard, Seconded by Commissioner
LLoyd Wassermann. Passed. 5 -0. Members voting Aye: Catalena , Cauley, Mallard ,
Peters, Wassermann .
5. Discussion and determination of transfer amount to Texas Health and Human Services
Commission for the Upper Payment Limit Program for indigent health services.
Item 5.pdf
The Court determined to transfer $600,000 to complete this years budget amount.
Motion: Approve, Moved by Commissioner LLoyd Wassermann, Seconded by
Commissioner Irma Cauley. Passed. 5 -0. Members voting Aye: Catalena, Cauley,
Mallard , Peters , Wassermann .
6. Agreement with OutPaySystems for inmate trust account release processing for the
Sheriff's Office.
lb Item 6.pdf
Approved as submitted. A copy is attached.
Motion: Approve, Moved by Commissioner Kenny Mallard, Seconded by Commissioner
Irma Cauley. Passed. 5 -0. Members voting Aye: Catalena, Cauley , Mallard , Peters ,
Wassermann .
7. Requisition # 0036963 to Secure Options Inc. in the amount of $7,378.00 for the licenses
of existing survelliance cameras.
2) Item Todf
It was noted that there was a typo on the agenda the requisition number should have
been 0003963 rather than 003963. It was approved with the correction to the requisition
number.
Motion: Approve, Moved by Commissioner Irma Cauley, Seconded by Commissioner
Kenny Mallard. Passed. 5 -0. Members voting Aye: Catalena, Cauley, Mallard , Peters ,
Wassermann.
8. Treasurer's report for the month of December 2011 and quarter ending December 31,
2011.
L Item 8.pdf
Approved as submitted. A copy is attached.
Motion: Approve, Moved by Commissioner Sammy Catalena, Seconded by
Vol. 57 Pg. c23 `I
Commissioner Lloyd Wassermann. Passed. 5 -0. Members voting Aye: Catalena,
Cauley, Mallard , Peters , Wassermann .
9. Tax Refund Applications for the following:
lb Item 9.pdf
• a. Mitchell Scott Carroll- overpayment -$6.01
• b. Robert Dean & Elizabeth Y Chenoweth- overpayment - $39.80
• c. Physicians Home Medical Equipment- overpayment - $143.30
It was noted that there was a typo on the agenda and the correct amount is $39.80 and
not $6.01.
Motion: Approve, Moved by Commissioner Irma Cauley, Seconded by Commissioner
LLoyd Wassermann. Passed. 5 -0. Members voting Aye: Catalena, Cauley, Mallard,
Peters , Wassermann .
10. Budget Amendments.
Budget Amendments FY 11 /12 20.1 -20.3
Item 10.pdf
20.1 Reallocate funds for Constable Precinct 2
20.2 Reallocate funds for Expo Expansion Fund
20.3 Reallocate funds for Expo Complex
Motion: Approve, Moved by Commissioner LLoyd Wassermann, Seconded by
Commissioner Kenny Mallard. Passed. 5 -0. Members voting Aye: Catalena, Cauley,
Mallard , Peters , Wassermann .
11. Manual requisition in the amount of $54,000.00 to SCR Construction to crack seal the
parking lot at the expo center.
Item 1 i.pdf
Approved as submitted.
Motion: Approve, Moved by Commissioner Sammy Catalena, Seconded by
Commissioner LLoyd Wassermann. Passed. 5 -0. Members voting Aye: Catalena,
Cauley , Mallard , Peters , Wassermann .
12. Manual requisition to Steve Hodges in the amount of $500.00 for the installation of
additional equipment needed to improve sound system for the north covered arena at
Expo Complex.
- Item 12.pdf
It was noted that the name of the vendor was misspelled. The name is Hodge rather
than Hodges.
Motion: Approve, Moved by Commissioner Sammy Catalena, Seconded by
Commissioner Kenny Mallard. Passed. 5 -0. Members voting Aye: Catalena, Cauley,
Mallard , Peters , Wassermann .
13. Personnel Change of Status.
Personnel Action Forms
Item 13.pdf
I
Vol. G Pg-
Constable Rick Starnes asked that his request be removed. All others were approved.
A copy of the Personnel Change of Status Requests is attached.
Motion: Approve , Moved by County Judge Duane Peters, Seconded by Commissioner
Kenny Mallard. Passed. 5 -0. Members voting Aye: Catalena , Cauley, , Mallard , Peters ,
Wassermann .
14. Payment of Claims.
Claims Sheet.odf
BILL LIST 2.21.12.odf
Motion: Approve, Moved by Commissioner Sammy Catalena, Seconded by
Commissioner Kenny Mallard. Passed. 5 -0. Members voting Aye: Catalena , Cauley, ,
Mallard , Peters , Wassermann .
7095289 through 7095477
15. Acknowledgement of the 2011 Racial Profiling Report for the Precinct 3 Constable's
Office.
Item 15.odf
The Court Acknowledged receipt of the Racial Profile Report submitted by Constable
Precinct 3.
16. Acknowledgement of the 2011 Racial Profiling Report for the Sheriff's Office.
Item 16 Part 1.odf
Item 16 Part 2.0f
Item 16 Part 3.odf
The Court acknowledged receipt of the Racial Profiling Report submitted by the Sheriff's
Office.
17. Acknowledgement of the Brazos County Purchasing Department Update for the week of
February 9 - 16, 2012.
Item 17.odf
The Court acknowledged receipt of the Purchasing Department Weekly Update.
18. Sheriff's report on inmate population.
Sheriff Chris Kirk stated there were 503 inmates in jail, 70 have electronic monitors and 0
are pending for monitors.
R e
21
Announcement of interest items and possible future agenda topics.
There were no announcements.
Call for Citizen input and /or concerns.
Adjourn.
Vol. I 7 pg. 241
The foregoing minutes of the Commissioners Court meeting held February 21, 2012 have
been examined and are approved in open Court this I day of
2012, in Bryan, Brazos County, Texas.
Duane Peters Lloyd Wassermann
County Judge Commissioner, Precinct 1
/1.0 zw 0
Ta - Any'CaqXna
Commissioner, Precinct 2
Kenny Mallard
Commissioner, Preci 3
Irma Cauley
Commissioner, Precinct 4
Attest:
Vol 1 57 Page c 4 a
BRAZOS COUNTY COMMISSIONERS COURT
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BRAZOS COUNTY COMMISSIONERS COURT
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Brazos County
Job Description
Class No: 1542
Department: Sheriff - Jail Admin.
FLSA Status: Nonexempt
Pay Group: 20
Approved Date:
Job Title:: Sergeant — Custodian of Records
Reports To: Lieutenant - Jail Division
EEOC Category: Protective Service Workers
Prepared /Revised Date: 02/13/2012
SUMMARY
Directs, supervises and assists in all aspects of jail operations, ensuring the safety of inmates, employees,
and the public.
ESSENTIAL DUTIES AND RESPONSIBILITIES include but limited to the following:
Performing Expunctions and Non - Disclosures;
Quality control of document scanning;
Supervising the storage and disposal of records generated by the Sheriffs;
Insuring the timely response to open records request;
Answering Subpoenas;
Testifying in court if requested by Subpoena in accordance with the law;
Other duties may be assigned.
AP
4A
Duane Peters Date
County Judge
Supervises personnel on shift, including assigning and reviewing work, conducting performance reviews,
recommending personnel actions, and training new officers;
Directly supervises Detention Officers, Corporal, and Clerks in maintaining the security of the detention
facility, including ensuring that there are no life safety hazards that could harm inmates, the public, or jail staff;
Directs, supervises, and ensures inmates' access to privileges and services mandated by federal, state, and
county policies and procedures;
Enters inmate information into the computer; and maintains and updates inmate records;
Receives and deposits money for commissary accounts;
Directs, supervises, and performs pat down and strip searches of inmates;
Performs reviews of inmates' files with regard to attorney appointments, bonds, fines, dispositions of charges,
court appearances, status of charges, and status of cash accounts;
Computes credit time and proper inmate release dates;
Directs, approves, and writes incident reports by officers involved in situations where inmates have
committed criminal acts while incarcerated, or have violated rules of the handbook;
Directs, and supervises the presence of civilians on the jail floor, including attorneys, family, and friends of
inmates;
Performs, directs, and supervises the intake and release of prisoners, ensuring the proper documentation
and the removal and storage of inmate property;
Vol. 1 C J -7 pg. ;� + 5
Approves and disapproves officers' requests for time off, ensuring proper staffing levels at all times;
Designs and submits schedules for all shift employees;
Answers telephone as needed; and
SUPERVISORY RESPONSIBILITIES
Supervises personnel on shift, including assigning and reviewing work, conducting performance reviews,
recommending personnel actions, and training new officers.
QUALIFICATIONS
To perform this job successfully, an individual must be able to perform each essential duty satisfactorily. The
requirements listed below are representative of the knowledge, skill, and/or ability required. Reasonable
accommodations maybe made to enable individuals with disabilities to perform the essential functions.
EDUCATION and /or EXPERIENCE
High school graduation plus at least two years of experience; or any equivalent combination of education and
experience which provides the required knowledge, skills, and abilities.
KNOWLEDGE OF
Texas Code of Criminal Procedure; Texas Penal Code; U.S. Constitution (Bill of Rights); requirements of
Texas Commission on Jail Standards; supervisory management; department policies and procedures;
standard office practices and procedures; first aid and medical procedures; and computers.
SKILUABILITY TO
Operate computers; read and write reports, letters, and memos; reason, and interpret documents, policies,
and procedures; analyze data; safely operate firearms; perform basic mathematical calculations; supervise
work of others, recognizing problems and recommending solutions; communicate effectively, both orally and
in writing; and maintain effective working relationships with co- workers and inmates.
CERTIFICATES, LICENSES, REGISTRATIONS
Basic jailer certification by the Texas Commission on Law Enforcement Officer Standards and Education
(TCLEOSE).
PHYSICAL DEMANDS
The physical demands described here are representative of those that must be met by an employee to
successfully perform the essential functions of this job. Reasonable accommodations may be made to enable
individuals with disabilities to perform the essential functions.
While performing the duties of this job, the employee is regularly required to sit; use hands to finger, handle,
or feel; reach with hands and arms; bend and kneel; and talk and hear. The employee frequently is required
to stand and walk. The employee must frequently lift and/or move objects weighing up to 20 pounds, such as
books and stacks of records, and occasionally must lift and/or move objects weighing 100 pounds or more.
Specific vision abilities required by this job include close vision, distance vision, peripheral vision, color vision,
and ability to adjust focus.
WORK ENVIRONMENT
The work environment characteristics described here are representative of those an employee encounters
while performing the essential functions of this job. Reasonable accommodations may be made to enable
individuals with disabilities to perform the essential functions.
The noise level in the work environment is usually high. While performing the essential duties of this job the
employee is constantly required to work closely with others as a part of a team. The employee is frequently
required to respond to emergency situations and to perform multiple tasks simultaneously
2
VOL 1 � 7 P `' 4�o
Pg.
Agent Agreement
This Agent Agreement (°Agreement) Is entered into by and between OutpaySystems, an Arizona corporation with
Us principal offices at 9623 Canoga Avenue, Chatsworth, CA 91311 {°Processor"} and
Entity Name: Brazos County
Physical Address: 1835 Sandy Point Road
Bryan TX 77807
Phone Number: (979) 361 -4880
Fax: (979) 381 -4833
Hereto referred as ('Agent'}.
Agent acknowledges and agrees that It is solely responsible for monitoring legal developments applicable to the
operation of its business and Card operations including Interpreting applicable state and federal laws, determining
the requirements for compliance with all applicable state and federal laws, and maintaining an ongoing
compliance program. Consequently, Agent agrees that Processor has no responsibility to monitor or Interpret
laws applicable to Agent's business, to monitor or review the terms and conditions of Agent's Card programs or
Agent's selection of system options and programming, or to assure that Agent's selection of any system option or
programming (either alone or acting in conjunction with other system options and programming selected by
Agent) is consistent with laws applicable to Agent or the terms and conditions of Agent's agreements with, or
disclosure to, its Cardholders or others. Processor shall use its best efforts to give Agent notice as soon as
practicable prior to the making of any material changes to the System which are being made to comply with any
known changes In federal or state laws, rules or regulations.
Agent acknowledges and agrees that it is solely responsible for registering or qualifying their business, and shall
obtain and maintain all necessary licenses, permits and consents to conduct Its activities, in any jurisdiction that
requires any such registration qualifications, license, permit or consent, except where the follure to do so would
not have a material adverse effect. Agent shall implement and comply with the Card Security Requirements
outlined In Exhibit A, attached hereto and Incorporated herein by this reference.
If any change In the Processing Services or the System are required by applicable laws, rules, regulations,
Operating Rules of the Payment Networks, Issuer or other relevant financial Institution, Processor shall
Immediately notify Agent of such modifications or changes and make modifications or changes, as necessary to ,
(i) the System and/or pn the manner and methods used to provide the Processing Services hereunder, as soon
as practicable after Processor has been notified of such required changes by the Payment Network, Issuer or
financial institution or leams of a law, rule or regulatory change. Any such modification or change so required shall
be made without the need for Agent approval and at Processor's sole expense. Processor shall use Its best
efforts to give Agent timely notice of all material changes to the Program or System which are being made to
comply with any known changes In federal or state laws, rules or regulations or the Operating Rules of the
Payment Networks, Issuer or other relevant financiat lnstltulion.
In the event that a Payment Network, Issuer, relevant financial institution or government agency shall notify
Processor of any violation of laws, rules or regulations relating to Agent or transactions processed for Agent,
Processor shall have the right, without Ilablllty to Agent for special or consequential damages, to terminate
Processing Services on behalf of Agent under this Agreement until such time as Processor shall have been
notified by the Payment Network, issuer, financial Institution or government agency that the violation has been
corrected. Notwithstanding the foregoing, this provision Is not intended to modify or after the Indemnification
provisions contalned elsewhere in this Agreement.
Agent acknowledges and agrees that the System shall not be used to make or facilitate any transaction that Is
fraudulent or Illegal In any applicable jurisdiction. Processor shall have the right to preclude anyone's Involvement
with the System who may, In Processor's sole determination, violate any federal or state law, rule or regulation,
OutPaySystems Agent Agreement Last updated 05/18/2011 page 1 of 7
Vol.. 167 pg a 47
violate Operating Rules, processor reserve's the right to monitor Card activity on Its system and to shut down
and/or suspend Processing Services In the event that it determines, In Its reasonable discretion, that there Is
Illegal, unusual, orsuspect activity occurring In relation thereto. Processor shelf have no liability to Agent for any
adverse financial or other consequences that may result from any action taken pursuant to this Section.
Agent hereby authorizes Processor to ACH Oebit and Credit the bank account at the depository financial
Institution named below (the `Designated Account) on a daily basis or as needed for the prior 24 hour cycle of
credits to card accounts.
Agent agrees to maintain the Designated Account. Agent hereby authorizes Processor to withdraw funds from
the Designated Account without signature or notice to effect all offsets, deductions, and other transactions due
Processor provided for In this Agreement. Agent further agrees to execute any additional documents that may be
required for Processor to execute their rights under this document. Agent is solely responsible for all fees
associated with maintaining the Designated Account. Processor shall notify Agent if at any time there are
Insufficient funds In the Designated Account to cover any amount that is due and owing to Processor. Agent shall
promptly pay such amount to Processor.
Agent hereby grants to Processor a security Interest In the Designated Account to secure all of Agent's
obligations to Processor under this Agreement. Agent further grants Processor the right to set -off against the
Designated Account or any other monies belonging or payable to Agent which are In Processor' possession,
which right may be executed to fulfill any payment obligations of Agent under this Agreement,
This authorization Is to remain In foil force and effect until Processor has received written notification from Agent
of Its termination In such time and in such manner as to afford Processor and the depository financial Institution
named below a reasonable opportunity to act on it. Agent shall give Processor no less than three banking
business days notice if the Designated Account Is to be changed so as to allow enough time for Processor to
make the necessary system modifications.
Bank Name CITIBANK
Bank City: BRYAN
Bank State: TEXAS
Routing #:113193532
Account#: 9771458238
Bank Contact Name: Sarah Kelso
Contact Phone Number: (979) 260 -4363
Contact E -mail:
Agent acknowledges and agrees that card accounts are credited In real time and Processor operates on a good
funds model and that funds must be available and on deposit at the Processors financial institution before card
accounts can be credited. Agent agrees to prefund seven days average of funds to be credited to card accounts
by depositing funds Into Processor's financial institution named below. Agent shall give Processor written
notiflcation of change in the seven day average in such time and in such manner as to afford Processor and the
depository financial institution named below a reasonable opportunity to act on it.
Prefunding amount: $1,428.88 per day average X seven days = $10,000.00 (already deposited with OutPay
Systems in May of 2011)
(Example: $9,200.00 per day average X seven days = $8,400.00)
Checks Issued per day to Inmates that are being released to the street:
OutPaySystems Agent Agreement Last updated 05, 18.2011 page 2 of 7
Vol. 1 57 P �2 4,
First Califomla National Bank
72 -730 El Paseo
Palm Desett, CA 92260
Routing No If by wire: 122244184
Routing No If by ACH: 122244184
Account No: 783911144
Account Name: OUTPAY Card Account
Processor and Its financial Institution agree and acknowledge that any prefunded amount not applied to card
accounts shall remain the property of the Agent at all limes. Upon termination of the Agents ability to credit card
accounts, any prefunded amount not applied to card accounts shall be promptly returned to Agent.
The following individuals are authorized to act on behalf of Agent.
Executive Contact
Name:
Phone Number.
Fax:
E -mail:
Wayne Dicky
(979) 361 -4998
(979) 361 -4833
wdickyaco.brazos.txus
Administrative Contact
Name: Carey White
Phone Number: (979) 361 -4880
Fax (979) 3814833
E-mail: cwhiteQco.brazos.tx.us
Primary Contact (for day to day operations)
Name: Carey White
Phone Number: (979) 361 -4880
Fax: (979) 361 -4833
E -mail: cwhite@co.brazos.tx.us
Secondary Contact (for day to day operations)
Name:
Phone Number:
Fax:
E-mail:
Annie Careen
(979) 361 -4808 ext
(979) 361 -4868
agreeneco.brazos.txus
OutPaySystems Agent Agreement Last updated 05/18/2011
page 3 of 7
Vol. 1 � 149
Pg.
Agent understands and acknowledges that the System is a complex combination of hardware and software that is
hosted by and/or Interfaced with numerous other service providers and, accordingly, System and operational
failures, malfunctions and other errors may occur from time to time resulting in, among other things, System
access denials and/or delays, and periods when usage is suspended. Without limiting Processor's obligations
hereunder, Processor shall use commercially reasonable efforts to minimize System and operational problems.
In addition, it Is possible that System and operational problems may occur due to matters totally beyond the
reasonable control of Processor, Including, without Imitation, those due to acts of God, fires, explosions or other
casualties; ads, regulations or decrees of governmental authorities or agencies, ads of financial Institutions,
Payment Networks or other service providers, wars,, acts of terrorism or civil disturbances, embargos, strikes,
lockouts or other labor disputes, power shortages, fluctuations or blackout and other similar causes.
Except In the case of willful misconduct or gross negligence, Processor's cumulative liability for any loss or
damage, direct or Indirect, for any cause whatsoever (including, but not limited to those arising out of or relating to
this Agreement) with respect to claims relating to events in any one Processing Year shall not under any
circumstances exceed the amount of the Processing Fees paid to Processor pursuant to this Agreement for `
Services performed in the immediately preceding two (2) month period.
EXCEPT IN THE CASE OF INTELLECTUAL PROPERTY INFRINGEMENT DAMAGES SUFFERED BY THE
OTHER PARTY, IN NO EVENT SHALL PROCESSOR BE LIABLE UNDER ANY THEORY. OF TORT,
CONTRACT, STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE THEORY FOR ANY LOST PROFITS,
EXEMPLARY, PUNITIVE, SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES, EACH OF
WHICH IS HEREBY EXCLUDED BY AGREEMENT OF THE PARTIES REGARDLESS OF WHETHER OR NOT
PROCESSOR OR AGENT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
PROCESSOR SPECIFICALLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED
ARISING OUT OF OR RELATED TO THIS AGREEMENT, INCLUDING, WITHOUT LIMITATION, ANY
WARRANTY OF MERCHANTABILITY, EXCLUDED BY AGREEMENT OF THE PARTIES. PROCESSOR AND
AGENT HEREBY AGREE THAT PROCESSOR'S OBLIGATIONS TO AGENT AGREEMENT ARE RELATED TO
PROCESSOR PROVIDING SERVICES. THAT THIS AGREEMENT IS A SERVICE AGREEMENT FOR
PURPOSES OF THE UNIFORM COMMERCIAL CODE AND THEREFORE THE PROVISIONS OF THE
UNIFORM COMMERICAL CODE SHALL NOT APPLY TO THIS AGREEMENT.
This Agreement shall be construed and enforced In accordance with the Intemal laws of the State of
Califomla, without reference to choice of law rules. Any Legal action, Including an original complaint or third
party claim, or any action arising under or related to this Agreement, Including but not limited to a claim for
payment under the Agreement, and also induding any non - contract claim, shall be brought and maintained
exclusively In a state or federal court of competent subject matter Jurisdiction in Madison County, ID and the
parties hereby submit themselves to the personal Jurisdiction and venue of those courts for the purpose of any
such action.
This Agreement does not create a relationship of agency, Joint ventures, partners, employees, servants, or
fldudades by and between Agent and Processor, and none of the terms and conditions contained herein
shall be so construed. None of the parties shall have the power to bind or obligate the other.
This Agreement shad be binding upon and Inure to the benefit of the parties hereto and their respective
successors in Interest, except that Agent may not assign this Agreement to any person or entity without the
written consent of Processor.
The remainder of this page intentionally left blank.
OutPaySystems Agent Agreement Last updated 45.18.2011 page 4 of 7
Vol. 1 p g. 056
Agent 4: — ^. ^ - -" - -_
Group: -- --
KRO
Batch: — �, - -�—
Program ID: — Time Zone: — —
Prefix: -
The Undersigned authorizes Processor to obtain reference Information, as it may require and deem appropriate,
to validate the statements made within this Agreement.
IN Wi ESS WHE
Sy:
Name: D ao�
Title: Coun U 3(icAg-e-
Date: - I a
OutPaySystems Agent Agreement Last updated 05/98/2011 page 5 of 7
Vo l. , 7 P c;2
g
Exhibit A
Security Requirements for the Storage of Prepaid Cards
The security requirements in this document are based on policies and guidelines developed by the Payment
Networks and Industry best practices. These requirements must be implemented at all locations that store and
distribute Instant -issue card products.
C
Cant orders will be shipped to the designated locations by the Processor by bonded and approved carrier. Card
orders must be signed for upon arrival. All cards must be placed at the time of receipt into Inventory in a secured
storage area. An employee designated by management should be appointed to ensure the physical and
procedural security policies are Implemented.
Cans Inventory
Physical security of the cards in Inventory must be maintained at all times. Cards must be stored In a controlled
environment, such as a safe or locked storage device, with access limited to employees who have successfully
passed background screening checks.
An Inventory log must account forthe number of cards received, cards used, cards spoiled (cards that cannot be
used due to damage, tampering or explration) and remaining cards that should balance to the number of cards on
hand at any time. An explanation of spoilage should be Included on the log. Any inventory discrepancy must be
reported to processor as soon as detected.
gja Destruction
Processor may request return of unused cards In inventory for destruction for any of the reasons listed below.
'1. Cards are compromised or tampered with;
2. Card stock expired;
3. Cards are damaged or defective;
4. Program is terminated.
Cards to be returned should be securely packaged. A copy of the Inventory log should be Included in the
shipment. A second copy of the Inventory log should be transmitted to the Processor by courier.
Alternatively, the location may destroy any defective or damaged card and certify Its destruction by maintaining a
detailed inventory log, and destroying the cards using a cross out shredder that creates pieces no larger than'/
by 2' In size. A certified report of destruction outlined In Exhibit B, attached hereto and incorporated herein by
this reference must be submitted to Processor on a monthly cycle even if no cards were destroyed in that period.
The remainder of this page intentionally left blank.
OutPaySystems Agent Agreement Last updated 05.18.2011 page 6 of 7
Vol. 1 5 7 p c 5 ,-�2-
Exhibit B
Certlficate of Destruction of Defective or Damaged Cards
I certify that the cards listed below were either damaged or defective. I further
certify that the cards below were destroyed using a cross cut shredder that created pieces no larger than f ° by
'A" In size.
estnrction D d Number Expiration Name (first, last) Ignature
mmdd
OutPaySystems Agent Agreement Last updated 05/1812011 page 7 of 7
Vol. 1,67 pg. 07 ,-53
The State of Texas, County of BRAZOS
We, the undersigned, as County Commissioners within and for Brazos County, and the
Honorable Duane Peters, County Judge of Brazos County, constituting the entire
Commissioners' Court of Brazos County, during a regular meeting of said Court have
examined the foregoing report and have caused an order to be entered upon the Minutes
of the Commissioners' Court of Brazos County approving said Report as presented and
submitted as true and correct by Laura Taylor Davis, Treasurer of Brazos County, as
provided for in the Revised Statutes of the State of Texas. (Texas Local Government
Code, 114.026)
Witness my hand this � �' day of A.D. 2012
Karen McQueen
County Clerk, County of BRAZOS, State of Texas
Examined and approved in open Commissioners' Court thi day of
(a 2012.
Duane Peters, County Judge
Lloyd a� ann, Comm' ioner Precinct #I G
my Cata na, Commissioner Precinct #2
Kenny Mallard,
Treasurer's Report for the MONTH DECEMBER 2011
AND THE O/E 12/31/11
Vol. I S 7 Pg d 5 �
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Vol. /57 Pg o7
BRAZOS COUNTY, TEXAS
BUDGET AMENDMENT(S) FOR THE 2011 -2012 BUDGET YEAR
NO. 11 /12 20.1 - 20.3
On this the 21st day of February 2012 at a regular meeting of the Commissioners' Court, the following
members were present:
A. Duane Peters, County Judge, Presiding
B. Lloyd Wassermann, Commissioner, Precinct 1
C. Sammy Catalena, Commissioner, Precinct 2
D. Kenny Mallard, Commissioner, Precinct 3
E. Irma Cauley, Commissioner, Precinct 4
F. Karen McQueen, County Clerk
The following proceedings were held:
THAT WHEREAS, on 21 st day of February 2012 the Court heard and approved a budget amendment
for the 2011 -2012 budget year for Brazos County, Texas; and
WHEREAS, expenditure is necessary due to the necessity to meet unusual and unforeseen conditions
which could not be reasonably included in the original budget adopted 20 September 2011, the following
amendment(s) to the original budget are hereby authorized, as described on the attached page(s).
ADOPTED AND APPROVED this the 21 st day of February 2012.
THE COMMISSIONERS COURT OF BRAZOS COUNTY, TEXAS.
Duane Peters, County Ju ge
Original: County Clerk's Office and
Attached to the original budget
Copies: County Auditor
County Treasurer
County Budget Officer
Commissioners' Court Minutes
VOL
15 pg, a��
BRAZOS COUNTY, TEXAS
BUDGET AMENDMENTS
No. 11/12 - 20.1
FUND DIV ACCT PROJ DR/CR ACCOUNT NAME I ncrease Decrease
0100 30201100 59100000 CR DD1 A 213.00
0100 30201100 67286000 CR E ui ment- Other 599.00
0100 30201100 67281000 DR Equipment - Electronic 812.00
Constable Precinct 2 - Lam
Reallocation of funds to purchase a Taser gun.
Prepared By nnm;
Date 2116)2012;
1 oft
voi. l 7 P
Department Approval .. ... Date
BRAZOS COUNTY, TEXAS
BUDGET AMENDMENTS
No. 11112 - 20.2
2121/2012
FUND DIV ACCT PRO.f DR/CR _ACCOUNT NAME Increase Decrease
4309 63430900 80160000 CR Expo Expansion 500.00
4309 63430900 67281000 DR Equipment - Electronic 500.00
Expo Expansion Fund _
Reallocation of funds to pay for the installation of the sound equipment for the covered arena that is located at the Expo. The sound
equipment was approved on February 14, 2012 on Budget Amendment 1.9.4 moving $1,763.85 into the appropriate account. Total price of
additional sound equipment is $2,26385. _
Prepared; lay nnm:
Date 2/15121312;
Department App
Date
Gounty Judge Approval Date
loft
Vol. / 5 7 p g. ,-9J5
BRAZOS COUNTY, TEXAS
BUDGET AMENDMENTS
No. 11/12 - 20.3
FUND
0100
0100
4500
4500
DIV
11001500
63000500
ACCT
61130000
91 110000
49028000
65400000
PROD
DR1CR
CR
DR
CK
DR
�~ ACCOU NAME
Contingency
Transfer to General Capital Improvement
Transfer from General Fun
Grounds Maintenance
Increase
54,000.00
54,000.00
54.000.00
Decrease
54,000.00
General
Fund Contingency
and Capital Im rovement
Reallocation of funds to com fete a crack and seal coat on the arking lot located at the Expo Center.
1of1
Vol. 7 p (P 0
PERSONNEL
CHANGE OF STATUS REQUESTS
Commissioner Court Date: February 21, 2012
Department Submitting Information: Human Resources
Pur pose of Submissions: Consider and Take Action on Change Requests
Department Submitting Employee Request Action Requested
Request(s) Applies To
Constable Pct. 3
V
District Clerk
Norton, Gary
New Hire
Pace, Crystal
Termination
Expo Lopez, Christian New Hire
SO -- Jail East, Shari New Hire
Nance, Clint New Hire
Approved in Commissioners' Court: Februacy 20 ,--
County Judge's or Commissioner's Signature: -- ��-
(This Copy to be attached to minutes)
Vol. 1 pg. �2 to 1
TIER I - PARTIAL EXEMPTION RACIAL PROFILING REPORT
Agency Name: BRAZOS CO. CONST. PCT. 3 ACKNOWLEDGED
Reporting Date:
TCLEOSE Agency
Number:
Chief Administrator:
Agency Contact
Information:
02/09/2012
041103
RICK STARNES
Phone: 979 -694 -7900
Email: aregnun co.brazos.tx.us
Mailing Address:
BRAZOS CO. CONST. PCT. 3
1500 George Bush Dr.
College Station, tx 77845
I D . - , - - - . a
Duane Peters Date
County Judge
This Agency claims partial racial profiling report exemption because:
Our vehicles that conduct motor vehicle stops are equipped with video and audio equipment and we
maintain videos for 90 days.
Certification to This Report 2.132 (Tier 1) -- Partial Exemption
Article 2.132(b) CCP Law Enforcement Policy on Racial Profiling
BRAZOS CO. CONST. PCT. 3 has adopted a detailed written policy on racial profiling. Our policy:
(1) clearly defines acts constituting racial profiling;
(2) strictly prohibits peace officers employed by the BRAZOS CO. CONST. PCT. 3 from engaging
in racial profiling;
(3) implements a process by which an individual may file a complaint with the BRAZOS CO.
CONST. PCT. 3 if the individual believes that a peace officer employed by the BRAZOS CO,
CONST. PCT. 3 has engaged in racial prof ling with respect to the individual;
(4) provides public education relating to the agency's complaint process;
(5) requires appropriate corrective action to be taken against a peace officer employed by the
BRAZOS CO. CONST. PCT. 3 who, after an investigation, is shown to have engaged in racial
profiling in violation of the BRAZOS CO. CONST. PCT. 3'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
Page 1 o(3 pages submitted electronically to the
The Texas Commission on Law Enforcement Officer
Standards and Education
Vol. 1 p cl t o —
(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
(b) to:
(A) the Commission on LaNv 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.
I certify these policies are in effect.
Executed by: RIC%STARNES
Chief Administrator
BRAZOS CO. CONST. PCT. 3
Date, 02/09/2012
Page 2 of 3 pages submitted electronically to the
The Texas Commission on Law Enforcement Officer
Standards and Education
Vol. 16 7 p c7 &3
BRAZOS CO. CONST. PCT. 3Motor Vehicle Racial Profiling
Information
Number of motor vehicle stops:
1. 32 citation only
2. 0 arrest only
3. 0 both
4. 32 Total (4, 11, 14 and 17 must be equal)
Race or Ethnicity..
5
5 African
6.
0 Asian
7.
27 Caucasian
8.
0 Hispanic
9.
0 Middle Eastern
10.
0 Native American
11.32 Total (lines 4, 11, 14 and 17 must be equal)
Race or Ethnicity known prior to stop?
12. 0 Yes
13. 32 No
14. 32 Total (lines 4, 11, 14 and 17 must be equal)
Search conducted?
15. 0 Yes
16. 32 No
17. 32 Total (lines 4, 11, 14 and 17 must be equal)
Was search consented?
18.0 Yes
19.0 No
20. 0 Total (must equal line 15)
Page 3 of 3 pages submitted electronically to the
The Texas Commission on Law Enforcement Officer
Standards and Education
Vol. _ 15 7 p � �D `I
ACKNOWLEDGED
Duane Peters Date
County Judge
RUAVIZO S
102
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Vol. 157 p c?, 6,5
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vol 157
a
=10
BRAZOS COUNTY OFFICE OF THE SHERIFF
CHRISTOPHER C. KIRK
111,[IC14AEL B. WILSON, CHIEF DEPUTY 1700 HIGHWAY 21 WEST
WAYNE DICKY, JAIL ADMINISTRATOR BRYAN, TEXAS 77803-1300
u :seer
Wednesday, February 15,2012
Since January 1, 2002, the Brazos County Sherifps office, in accordance with the Texas Racial Profiling Law (S.B. No.
1074), has been collecting police contact data for the purpose of identifying and responding (if necessary) to concerns regarding racial
Profiling practices. It is my hope that the findings provided in this report will serve as evidence that the Brazos County Sheriff's
Office continues to strive towards the goal of maintaining strong relations with the community.
In this report, the reader will encounter several sections designed at providing background information on the rationale and
objectives of the Texas Racial Profiling Law. Other sections contain information relevant to the institutional policies adopted by the
Brazos County Sheriff's Office banishing the practice of racial profiling among its officers.
The final components of this report provide statistical data relevant to the public contacts made during the period of January
1, 2011 to December 31, 2011. This information has been analyzed and compared to the Department of Public Safety data on
motorists residing in the Brazos County area. The analysis of the data and recommendations for future areas of research are also
included. It is my sincere belief that the results of this report demonstrate that the Brazos County Sheriff's Office is committed to
providing fair and equitable law enforcement for all citizens.
Respectfully submitted,
Christopher C. Kirk, Sheriff
OFFICE (9791361-4900 1* ADMINISTRATION' (979) 361 -4992 * FAX(979)361-4.905
Vol. 15'7 p aZ L9 -7
Law Enforcement Contact Data
Annual Report
January 1, 2011 - December 31 2011
Table of Content
(1) introduction
a) Opening Statement Outlining Rationale and Objective of Report
b) Table of Content
c) The Texas Law on Racial Profiling
d) Outline of Requirements Introduced by The Texas Racial Profiling Law
(I1) Background
a) Sheriff's Office's General Orders/Procedures
b) Report. on Inventory/Usage of Video /Audio Equipment in Patrol Vehicles
(III) Responding to the Texas Racial Profiling Law
a) Implementation of Complaint Process Addressing Allegations of Racial
Profiling Practices
b) Training Administered to Law Enforcement Personnel
c) Tables Depicting Police Contact Information (Ill /11- 12/31/11),
d) Analysis and Interpretation of Data (explain rationale for use of DPS data)
e) Report on Complaints (if any) Filed Against Officers for Violating Racial
Profiling Policy (includes institutional procedures/corrective action used
when responding to racial profiling complaints)
(IV) Summary of Findings
a) Summary Statement Regarding Findings
b) Check List/Contact Information
(V) TCLEOSE DATA
vol, i p 2 .1U 86
Art, 2,132. LAW ENFORCEMENT POLICY ON RACIAL PROFILING. (a) In
this article:
(1) "Law enforcement agency" means an agency of the
municipality or other political subdivision of
state, or of a county, that employs peace officers who make
the state, t motor vehicle stops in
formance of the officers' o fficial duties.
the routine hat
(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 or
American,
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
y if the individual believes that a peace
complaint with the agenc
ency has engaged in racial profiling with
officer employed by the ag
respect to the individual;
(q) provide public education relating to the agency's
complaint process;
(S) 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 a rel to arrests made as a
result of those stops, including information
(A) the race or ethnicity of the individual
detained;
(g) 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 employed, thea or
regardless of whether the administrator is elected, mP y-
d
Vol. 15 P C , o CV 9
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
of a
municipality served by the agency, if the agency is an agency
county, municipality, or other political subdivision of the state.
The data collected as a result of the reporting requirements
(a) rima facie evidence. of racial
of this article shall not constitute p
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
motor vehicle
motorcycle regularly used to make s
as provided by section (b)
enforcement agency installs video or audio equipment
the policy adopted by the agency under Sub
this subsection, video and audio documentation .
must include standards for reviewing
(e) A report required under Subsection (b) (7) may not include
information about a peace officer who makes a motor vehicle
identifying ed or arrested by a peace
stop or about an individual who is stopp
officer. This subsection tiindoesSnot affect (th {g }ollection of information
as required by a policy
(f) On the commencement of a subsection i
(b)(3byin a law which aenforcement
agency of a complaint descxibed by
or audio recording of the occurrence which the ro complaint n therecording
was made, the agency shall promptly prov ide a copy
the peace officer who is the subject of f the complaint an written
request by the officer.
(g) on a finding by the Commission an Law Enforcement officer
standards and Education that the chief administrator of law
required
enforcement agency intentionally failed to submit disci l requi
under Subsection (b)(7), the commission shall begin F
procedures against the chief administrator.
Added by Acts 2001, 77th Leg., ch. 947, Sec. 1 eff. Sept. 1, 2001-
Amended by:
Ch. 1172 Sec. 25, eff. September 11
Acts 2009, 81st Leg., R.S.,
2009.
Vol. p a7 D
rovide ublic education re l a ti n g to the enc 's
complaint process;
5 re wire a ro riate corrective action to be taken a ainst a
racial rofilin in violation of the a enc 's olio ado ted under this article•
(6) TPqu collection of information relating to traffic stows
infornation xelating to:
A the zaee or ethnicit of the individual detained:
and
B whether a search was conducted and if so
whether the erson detained consented to the search: and
(1) rem P fls:encv to submit to the governing hody of
subdivision of the state.
c The data collected as a result of the re ortin r uirements of this
article sha11 nut constitute rima facie evidence of racial rofilin .
fdl On adoption of a policy un der Subsection b a taw enforcement
for reviewin video and audio documentation.
fi A report reg uired under Subsection {b (7) may not include
identi in information about a peace officer who makes a traffic toR or about an indivic
Vol. 157 p g . d--7
information as re uired b a policy under Subsection N(6),
On the commencement of an investi ation by a rcement
officer.
Art. 2.133. REPORTS RE UIRED FOR TRAFFIC AND
PEDESTRIAN STOP _� � this article:
I "Race or ethnicit "has the meanie assi ed b Article
2.132(a
2 "Pedestrian sto "means an interaction between a peace
officer and an individual who is bein g detained for the �uro
se of a criminal investigation in
which the individual is not under arrest.
A eace officer who sto s a motor vehicle for an alle ed violation
includin
(I) a physical descri tion of each erson detained as a result
of the stop, including_,
A the pers&s ender• and
(B) the nersan's race or ethnicit as stated by the
to the best of the officer's abili
2 the traffic law or ordinance alle ed to have been violated
or the susp,ffense;
voi. 157 PQ . a a
3 whether the officer conducted a search as a result of the
stoti —and if so whether the erson detained consented to the search•
(4) whether any contraband was dis covered in the course of
the search and the t e of contraband discovered
5 whether robable cause to search existed and the facts
su rtin the existence o that probable causes
whether the officer made an arrest as a result of the sto
6
or the search including a statement of th offense charge
the street address or a roxirnate location of the stM
and
8 whether the officer issued a w=in or a citation as a
Art. 2.134. COMPILATION AND ANALYSIS OF INFORMATION
COLLECTED. a In this article " destrian sto "means an interaction between a ease
which the individual is not under arrest.
A law enforcement agency shall com ile and anal ze the
March 1 of each ear each local law enforcement a enc shall submit a re ort containin the
information com iled during the p calendar year to the governing body of each countY or
municipality mmicipality served b the agency in a manner a roved b the agency,
c A re rt re aired under Subsection b must include:
(1) a com arative analysis of the informat compiled
under Article 2.133 to:
(A) determine the prevalence of racial �rofilin by
p eace officers em to ed b the a enc "and
Vol. -�-L. 7 pg. o 13
Art 3.05. RACIAL PROFILING In this code "racial profiling"
means a law enforcement - initiated action based on an individual's race ethnivci y, or national
origin rather than on the individual's behavior or on information identifying the individual as
having engaged in criminal activity.
SECTION 3. Section 96.641, Education Code, is amended by adding
Subsection 0) to read as follows:
(i) As part of the initial training and continuing education for police
chiefs required under this section the i shall establish a program on racial profiling. The
p rogram must include an examination of the best practices for:
(1) monitoring peace officers' compliance with laws and
internal . agency relating to racial profiling:
(2) implementing laws and internal a4enr- policies relating
to preventing r acial profilind
(3) analyzing and reporting collected information.
SECTION 4. Section 1701.253, Occupations Code, is amended by
adding Subsection (e) to read as follows:
(e) As part o f the minimum curriculum requirements the commission
s hall establish a statewide comprehensive education and training program on racigL2 for
officers licensed under this cba ter. An officer shall complete a prograrn established under this
subsection not later than the second anniversary of the date the officer is licensed unde this
chapter or the date the officer a lies for an intermediate raficienc certificate whichever date
is earlier.
SECTION 5. Section 1701.402, Occupations Code, is amended by
adding Subsection (d) to read as follows:
(d) As a requirement for an intermediate proficiency certificate, an
of ficer must complete an education and training program on racial p rofiling establi by the
commission under Section 1701.253(e)=
x r -1 1 , 5 - 7 DR a 1 7 4
SECTION 6. Section 543.202, Transportation Code, is amended to
read as follows:
Sea 543.202. FORM OF RECORD. a In this section "race or
ethni means of a particular descent inciudin Caucasian African Msyanic Asian, or
Native American descent.
01 The record must be made on a form or by a data processing
method acceptable to the department and must include:
(1) the name, address, physical description
ethnicity, date of birth, and driver's license number of the person charged;
(2) the registration number of the vehicle involved;
(3) whether the vehicle was a commercial motor vehicle as
defined by Chapter 522 or was involved in transporting hazardous materials;
(4) the person's social security number, if the person was
operating a commercial motor vehicle or was the holder of a commercial driver's license or
commercial driver learner's permit;
(5) the date and nature of the offense, including whether the
offense was a serious traffic violation as defined by Chapter 522;
(6) whether a search of the vehicle was conducted and
whether consent for the search was obtained•
the plea, the judgment, and whether bail was forfeited;
M [(7)] the date of conviction; and
[(-8)] the amount of the fine or forfeiture.
SECTION 7. Not later than January 1, 2002, a law enforcement
agency shall adopt and implement a policy and begin collecting information under the policy as
required by Article 2.132, Code of Criminal Procedure, as added by this Act. A local law
enforcement agency shall first submit information to the governing body of each county or
municipality served by the agency as required by Article 2.132, Code of Criminal Procedure, as
Vol. �� pg °
��
added by this Act, on March 1, 2003. The first submission of information shall consist of
information compiled by the agency during the period beginning January 1, 2002, and ending
December 31, 2002.
SECTION 8. A local law enforcement agency shall first submit
information to the governing body of each county or municipality served by the agency as
required by Article 2.134, Code of Criminal Procedure, as added by this Act, on March 1, 2004.
The first submission of information shall consist of information compiled by the agency during
the period beginning January 1, 2003, and ending December 31, 2003.
SECTION 9. Not later than January 1, 2002:
(1) the Comm on Law Enforcement Officer Standards
and Education shall establish an education and training program on racial profiling as required
by Subsection (e), Section 1701.253, Occupations Code, as added by this Act; and
(2) the Bill Blackwood Law Enforcement Management
Institute of Texas shall establish a program on racial profiling as required by Subsection 0),
Section 96.641, Education Code, as added by this Act.
SECTION 10. A person who on the effective date of this Act holds
an intermediate proficiency certificate issued by the Commission on Law Enforcement Officer
Standards and Education or has held a peace officer license issued by the Commission on Law
Enforcement Officer Standards and Education for at least two years shall complete an education
and training program on racial profiling established under Subsection (e), Section 1701.253,
Occupations Code, as added by this Act, not later than September 1, 2003.
SECTION 11. An individual appointed or elected as a police chief
before the effective date of this Act shall complete a program on racial profiling established
under Subsection 0), Section 96.641, Education Code, as added by this Act, not later than
September 1, 2003,
SECTION 12. This Act takes effect September 1, 2001.
Vol. J S 7 _ Pla. `� `�
S.B. No. 1074
President of the Senate Speaker of the House
I hereby certify that S.B. No. 1074 passed the Senate on April 4, 2001,
by the following vote: Yeas 28, Nays 2; May 21, 2001, Senate refused to concur in House
amendments and requested appointment of Conference Committee; May 22, 2001, House
granted request of the Senate; May 24, 2001, Senate adopted Conference Committee Report by a
viva -voce vote.
Secretary of the Senate
I hereby certify that S.B. No. 1074 passed the House, with
amendments, on May 15, 2001, by a non - record vote; May 22, 2001, House granted request of
the Senate for appointment of Conference Committee; May 24, 2001, House adopted Conference
Committee Report by a non - record vote.
Chief Clerk of the House
S.B. No. 1 074
Approved:
Date
Governor
Vol. ) C 07 p 9 � C�
Back and
Senate Bill 1074 of the 77 Legislature established requirements in the Texas Code of
Criminal Procedure (TCCP) for law enforcement agencies. The Commission developed
this document to assist agencies in complying with the statutory requirements.
The guidelines are written in the form of standards using a style developed from
accreditation organizations including the Commission on Accreditation for Law
Enforcement Agencies (CALEA). The standards provide a description of what must be
accomplished by an agency but allows wide latitude in determining how the agency will
achieve compliance with each applicable standard.
Each standard is composed of two parts: the standard statement and the commentary.
The standard statement is a declarative sentence that places a clear -cut requirement, or
multiple requirements, on an agency. The commentary supports the standard statement
but is not binding. The commentary can serve as a prompt, as guidance to clarify the
intent of the standard, or as an example of one possible way to comply with the standard.
Standard 1
Each law enforcement agency has a detailed written directive that:
• clearly defines acts that constitute racial profiling;
• strictly prohibits peace officers employed by the agency from engaging in racial
profiling;
• implements a process by which an individual may file a complaint with the
agency if the individual believes a peace officer employed by the agency has
engaged in racial profiling with respect to the individual filing the complaint;
• provides for public education relating to the complaint process;
• requires appropriate corrective action to be taken against a peace officer
employed by the agency who, after investigation, is shown to have engaged in
racial profiling in violation of the agency's written racial profiling policy; and
• requires the collection of certain types of data for subsequent reporting.
Commentary
Article 2.131 of the TCCP prohibits officers from engaging in racial profiling, and article 2.132 of the
TCCP now requires a written policy that contains the elements listed in this standard. The article also
specifically defines a law enforcement agency as it applies to this statute as an " agency of the state, or of a
county, municipality, or other political subdivision of the state, that employs peace officers who make
traffic stops in the routine performance of the officers' official duties."
The article further defines race or etimicity as being of "a particular descent, including Caucasian,
African, Hispanic, Asian, or Native American." The statute does not limit the required policies to just.
these ethnic groups.
This written policy is to be adopted and implemented no later than January 1, 2002.
1 of 4
Vol. j _. P CPO
Stan
Each peace officer who stops a motor vehicle: for an alleged violation of a law or
ordinance regulating traffic, or who stops a pedestrian for any suspected offense reports
to the employing law enforcement agency information relating to the stop, to include:
• a physical description of each person detained, including gender and the person's
race or ethnicity, as stated by the person, or, if the person does not state a race or
ethnicity, as determined by the officer's best judgment;
• the traffic law or ordinance alleged to have been violated or the suspected offense;
• whether the officer conducted a search as a result of the stop and, if so, whether
the person stopped consented to the search;
• whether any contraband was discovered in the course of the search, and the type
of contraband discovered;
• whether probable cause to search existed, and the facts supporting the existence of
that probable cause;
• whether the officer made an arrest as a result of the stop or the search, including a
statement of the offense charged;
• the street address or approximate location of the stop; and
whether the officer issued a warning or citation as a result of the stop, including a
description of the warning or a statement of the violation charged.
Commentary p agency r uirenents found in
The information required by 2.133 TCCP is used to complete the a ea reporting eq
Article 2.134. A peace officer and an agency may be exempted from this requirement un Article
from this
TCCP Exemption for Agencies Using Video and Audio Equipment. Au agency y be exempt
reporting requirement by applying for the funds from the Department of Public Safety for video and audio
equipment and the State does not supply those funds. Section 2.135 (a)(2) states, "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 for video and audio equipment sufficient, as determined by the department, for
the agency to accomplish that purpose."
Standard. 3
The agency compiles the information collected under 2.132 and 2.133 and analyzes the
information identified in 2.133.
Commentary
Senate Bill 1074 from the 77 session of the Texas Legislature created requirements for law enforcement
agencies to gather specific information and to report it to each county or municipality served. New sections
of law were added to the Code of Criminal Procedure regarding die reporting of traffic and pedestrian
stops. Detained is defused as when a person stopped is not free to leave.
Article 2.134 TCCP requires the agency to compile and provide and analysis of the information collected
by peace officer employed by the agency. The report is provided to the governing body of the municipality
or county no later than March 1 of each year and covers the previous calendar year.
There is data collection and reporting required based on Article 2.132 CCP (tier one) and Article 2.133
CCP (tier two).
2 of 4
Vol. Is 7
p a
The minimum requirements for "tier one" data for traffic stops in which a citation results are:
1) the race or ethnicity of individual detained (race and ethnicity as defined by the bill means of "a
particular descent, including Caucasian, African, Hispanic, Asian, or Native American");
2) whether a search was conducted, and if there was a search, whether it was a consent search or a
probable cause search; and
3) whether there was a custody arrest,
The minimum requirements for reporting on "tier two" reports include traffic and pedestrian stops. Tier
two data include:
I) the detained person's gender and race or ethnicity;
2) the type of law violation suspected, e.g., hazardous traffic, non - hazardous traffic, or other criminal
investigation (the Texas Department of Public Safety publishes a categorization of traffic offenses
into hazardous or non - hazardous);
3) whether a search was conducted, and if so whether it was based on consent or probable cause;
4) facts supporting probable cause;
5) the type, if any, of contraband that was collected;
6) disposition of the stop, e.g„ arrest, ticket, warning, or release;
7) location of stop; and
8) statement of the charge, e,g., felony, misdemeanor, or traffic.
Tier one reports are made to the governing body of each county or municipality served by the agency an
annual report of information if the agency is an agency of a county, municipality, or other political
subdivision of the state, Tier one and two reports are reported to the county or municipality not later than
March t for the previous calendar year beginning March 1, 2003. Tier two reports include a comparative
analysis between the race and ethnicity of persons detained to see if a differential pattern of treatment can
be discerned based on the disposition of stops including searches resulting from the stops. The reports also
include information relating to each complaint filed with the agency alleging that a peace officer employed
by the agency has engaged in racial profiling. An agency may be exempt from the tier two reporting
requirement by applying for the funds from the Department of Public Safety for video and audio equipment
and the State does not supply those funds [See 2.135 (a)(2) TCCP].
Reports should include both raw numbers and percentages for each group. Caution should be exercised in
interpreting the data involving percentages because of statistical distortions caused by very small numbers
in any particular category, for example, if only one American Indian is stopped and searched, that stop
would not provide an accurate comparison with 200 stops among Caucasians with 100 searches. In the first
case, a 100% search rate would be skewed data when compared to a 50% rate for Caucasians.
Standard 4
If a law enforcement agency has video and audio capabilities in motor vehicles regularly
used for traffic stops, or audio capabilities on motorcycles regularly used to make traffic
stops, the agency:
• adopts standards for reviewing and retaining audio and video documentation; and
• promptly provides a copy of the recording to a peace officer who is the subject of
a complaint on written request by the officer.
Commentary
The agency should have a specific review and retention policy. Article 2.132 TCCP specifically requires
that the peace officer be promptly provided with a copy of the audio or video recordings if the officer is the
subject of a complaint and the officer makes a written request.
Standard 5
Agencies that do not currently have video or audio equipment must examine the
feasibility of installing such equipment.
3 of 4
Vol. ) J 7 p g B S I
Com menta rl
None
Standard 66
Agencies that have video and audio recording capabilities are exempt from the reporting
requirements of Article 2.134 TCCP and officers are exempt from the reporting
requirements of Article 2.133 TCCP provided that:
• the equipment was in place and used during the proceeding calendar Year; and
• video and audio documentation is retained for at least 90 days.
Comment p the
The audio and video equ ipment and olicy must have been in place during Previous calendar year.
p
Audio and video documentation must be kept for at least 90 days or longer if a complaint has been filed.
The documentation must be retained until the complaint is resolved. Peace officers are not exempt from
the requirements under Article 2.132 TCCP.
Standard 7
Agencies have citation forms or other electronic media that comply with Section 543.202
of the Transportation Code.
Commentary
Senate Bill 1474 changed Section 543102 of the Transportation Code requiring citations to include:
• race or ethnicity, and
• whether a search of the vehicle was conducted and whether consent for the search was obtained.
4 of 4
GJ -k
Vol. 1 � Pg.
el-oilill" VV-
7;F
.e T4
4N Lk
At"
BRAZOS COUNTY SHERIFF'S OFFICE
GENERAL ORDER: 34
DISTRIBUTION: Patrol
SUBJECT: in-car Video Cameras
1. PURPOSE
The purpose of this General Order is to provide guidelines for the use of in -car
video cameras.
II. POLICY
It is the policy of the Sheriff's Office that the procedures as stated within this
General Order are complied with in their entirety.
III. INTRODUCTION
In -car video cameras are a valuable tool in enforcement and capture critical
evidence, which would otherwise be unattainable. In addition to supplying
evidence in criminal cases, it also is a source of evidence, which may be used
to protect the deputy and the public whom we serve from false accusations.
The following procedures are established so that this Office might take full
advantage of the potential of in --car video camera use.
IV. PROCEDURE
A. Vehicles which are equipped with in -car video cameras will activate those
cameras on each and every traffic and pedestrian stop.
B_ Traffic and pedestrian stops shall be recorded in their entirety, including
audio.
C. The patrol unit / camera should be, positioned in such a way as to capture
the subject matter of the stop / investigation.
D. Camera and audio should be activated on any traffic or pedestrian stop as
well as any other time the deputy feels that an audio or video recording
would be appropriate.
E. All system components shall be tested by the deputy prior to beginning
each tour of duty.
1. Any malfunctions in the system shall be reported to the shift
sergeant or supervisor.
F. Deputies shall carry a sufficient supply of video tapes to complete the tour
of duty.
G. Video and audio recording components are to be used only for legitimate
Sheriff's Office, law enforcement related matters.
vhl Pa.
V. DISPOSITION OF VIDEO TAPES
A. Traffic Stops.
1. Video tapes from traffic stops will be preserved and submitted to
the shift sergeant or supervisor and secured in a location
designated by the Sheriff.
2. Tapes will be labeled by date and deputy's name or unit number.
3. Deputies will use one tape per workweek.
a. If a DWI or criminal case is recorded on the tape in which
case the tape will be placed in evidence and a new tape will
be used for the remainder of the workweek.
b. If a tape becomes fully recorded, the deputy shall submit
the tape to the sergeant or supervisor and shall begin using
a new tape and will submit the new tape at the end of the
workweek.
c. For purposes of this General Order, "new tape" means a
tape that has never been used or has been erased and
recycled for use.
4. Sergeants will maintain a log of traffic stop video tapes listing the
date, deputy's name or unit number, and date of expiration for
storing the tape. Tapes will be stored in this manner for 90 days.
S. The Day Shift Sergeant will submit a copy of the video tape log
each week to the Chief Deputy.
B. DWI Cases:
1. All video tapes documenting DWI stops will be properly labeled
and secured in the video tape box in the intoxilyzer room.
C. Other Criminal Cases:
1. All video tapes used to collect evidentiary information will be
properly labeled and submitted into evidence.
D. Each week, Shift Sergeants or Supervisors will randomly view video tapes
of traffic stops to ensure deputies are conducting themselves appropriately.
VI, COMPLAINTS
A. If a complaint is made against a deputy for a traffic stop, DWI, or criminal
case in which a video tape is made, that video tape shall be stored and kept
as evidence until the final disposition of the complaint. This shall include
both internal investigation and any possible criminal or civil action.
1. If a complaint is made against a deputy for a case in which a video
tape is made, the deputy shall be given a copy of the video tape
upon written request by that deputy. This written request shall be
made to the Chief Deputy.
f �� v
Vol. Pg.
VII. CANCELLATION:
This order supersedes any directive or order issued prior to this effective date.
VIII. EFFECTIVE DATE:
The effective date of this General Order is February 1, 2003.
)e7 C!�-Bb
Vol. � � _ _. m.. Pg.
Video Camera Report
Currently, the Brazos County Sheriff's Office has in -car video systems in all 22 patrol
units. There are also in -car video systems in the two reserve cars used by our Reserve
Deputies when they are patrolling. Since these camera systems were installed, all traffic
and pedestrian stops capable of being recorded are recorded in compliance with Senate
Bill 1074.
Marked units that are not assigned to normal, daily patrol duties do not have video
systems installed. However, any traffic stops made by deputies in these cars have the
Racial Profiling form completed and submitted to the Records Division.
I co� ;) 6�
Pg.
VA
41illi i - - U
i I %WRK
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Vol. 1 7 Pcr
aw
Community Part DEW
ps
Although the Brazos County Sheriff's Office has always enjoyed from the support
of the community, since effort has been w ell 1 ceived by the Brazos Co
co mmunity leaders. This County community;
particularly by members of the minority community.
The Brazos County Sheriffs Office has kept the public informed of the traffic
contact data collection effort. Further, it plans to present the data analyzed, on or before
March 1, 2012 to members of the Commissioners' Court and the Texas Commission on
Law Enforcement Officers Standards and Education. This will be done in an effort to
keep community leaders informed on the current practices of the Brazos County Sheriff s
Office.
Vol. ) V / PLY o) O /
informing the Public on the Process of Filing a
Complaint with The Brazos County Sheriff's Office
(n Educational Campaign:
In accordance to Senate Bill 1704, the Brazos County Sheriff's office has made
significant efforts to launch an educational campaign aimed at informing the public on
issues relevant to the complaint process. Special emphasis has been placed on informing
community members on filing a complaint relevant to racial profiling practices.
The Brazos County Sheriff's office appeared on television where community
members have been informed on efforts being made by the Sheriff's office to continue
banning racial profiling practices among its deputies. In addition, a series of pamphlets
have been made available to the community to help them understand what to do if they
feel a deputy has engaged in racial profiling in violation of the laws of this State and the
policies of this Office.
The attached pamphlet explaining the complaint process has been made available
to the public through the Sheriffs Office. The pamphlet explains what acts are
considered Racial Profiling anal what will happen_ upon receipt of an allegation against a
deputy of racial profiling. This pamphlet is available in both English and Spanish
languages.
Nw., i E� 7 Pa. d � c)
Training
In compliance with the Texas Racial Profiling Law, the Brazos County Sheriff's
Office has asked that all its deputies adhere to all Texas Commission on Law
Enforcement Officer Standards and Education (TCLEOSE) training as mandated by law.
All officers from the Brazos County Sheriff s Office have been asked to complete
a TCLEOSE training and education program on racial profiling not later than the second
anniversary of the date the officer is licensed under Chapter 1701 of the Texas
Occupations Code or the date the officer applies for an intermediate proficiency
certificate, whichever date is earlier. A person who on September 1, 2001, held a
TCLEOSE intermediate proficiency certificate, or who had held a peace officer license
issued by TCLEOSE for at least two years, will complete a TCLEOSE training and
education program on racial profiling not later than September 1, 2003.
All deputies have completed this required training.
15 1 PQ , a9Z)A
(I) Tier 1 Data
Table 1. General Derr hics of Contacts and Searches
Contacts Total Consent
Race/ Contacts
Ethnicity* Citation wl Arrests Searches Searches Located Consent
Issued
U 0 0 0 0
0 0 0 0 0
Total 391 100 21 100 156 100 90
1 00 40 1 100 i 26 100
* Race/Ethnicity is defzned by Art. 2.132(3)CCP as being of a particular descent, in c l uding Caucasian,
African, Hispanic, Asian, Native American or Middle Eastern".
All custodial arrests listed were the result of a stop; however, some were for warrants instead of the result
of a search.
As a comparison, reporting required by TCLEOSE only includes motor vehicle stops where a Citation was
issued or an Arrest was made or both. Our comparative data includes those contacted that were issued a
Citation, Arrest was made, both or a Warning was issued.
Vnl Pv
07 `t I
N
%
N
%
N
% N
Caucasian
309
79
18
86
121
77.6 6#
African
69
18
3
14
35
22.4 21
Hispanic
9
2
0
0
0
0 0
Asian
4
1
Native
0
0
0
0
0
0 0
American
Middle
0
0
0
0
0
0 0
Eastern
U 0 0 0 0
0 0 0 0 0
Total 391 100 21 100 156 100 90
1 00 40 1 100 i 26 100
* Race/Ethnicity is defzned by Art. 2.132(3)CCP as being of a particular descent, in c l uding Caucasian,
African, Hispanic, Asian, Native American or Middle Eastern".
All custodial arrests listed were the result of a stop; however, some were for warrants instead of the result
of a search.
As a comparison, reporting required by TCLEOSE only includes motor vehicle stops where a Citation was
issued or an Arrest was made or both. Our comparative data includes those contacted that were issued a
Citation, Arrest was made, both or a Warning was issued.
Vnl Pv
07 `t I
Search
%
N
%
N
%
73
36
90
22
85
27
4
10
4
15
0
0
0
0_
0
U 0 0 0 0
0 0 0 0 0
Total 391 100 21 100 156 100 90
1 00 40 1 100 i 26 100
* Race/Ethnicity is defzned by Art. 2.132(3)CCP as being of a particular descent, in c l uding Caucasian,
African, Hispanic, Asian, Native American or Middle Eastern".
All custodial arrests listed were the result of a stop; however, some were for warrants instead of the result
of a search.
As a comparison, reporting required by TCLEOSE only includes motor vehicle stops where a Citation was
issued or an Arrest was made or both. Our comparative data includes those contacted that were issued a
Citation, Arrest was made, both or a Warning was issued.
Vnl Pv
07 `t I
(II) Comparative Analysis
Table 1. Comparison of Self- Initiated St of Residents and DPS Resident Da ta
Race/Ethnicity*
Resident
Contacts
DPS Data
Variance
N
%
N
%
N
%
Caucasian
1168
84.1
114960
73.4
+10.7
Hispanic
18
1.3
4641
3.0
-1.7
African
187
13.5
I 9334
12.3
1.2
Asian
15
1.1
14470
9.2
--
-8.1
Native American
1
0.1
303
0.2
-0.1
Other
0
0
2942
1.9
-1•9
Total ( 13 ( 100 156650 1 100 1
" RacelEthnioity are defined by Art 2.132(3) CCP as being of a "particular descent, including
Caucasian, African, Hispanic, Asian, Native American, or Middle Eastern ". It should be noted,
DPS only collects Driver License race codes for Black, White, Indian, Asian, Hispanic or Other.
Federal Standards prohibit the use of Hispanic as a race. "Other" race code is for mixed races or
those that do not fit any of the other categories.
oi. 157 i-19. d y (: z
Anai sis
The data presented in this report contains valuable information regarding law
enforcement contacts with the public between 1 /IAA and 12131111. Despite its value, the
raw data does not present much information relevant to racial profiling trends.
Thus, it is felt that further analysis of the data is warranted. As such, data was
obtained through the Texas Department of Public Safety (DPS), via a public information
request. The data obtained from DPS included the race and gender of drivers in Brazos
County during the 2011 calendar year. The decision to obtain DPS data was made since,
according to experts, census data presents challenges to any effort made at establishing a
fair and accurate analysis. That is, census data contains information of all residents of a
particular community, regardless of the fact they may or may not be among the driving
population. Further, census data, when used as a benchmark of comparison, presents the
challenge that it captures information related to county residents only. Thus, excluding
individuals who may have come in contact with the Brazos County Sheriffs Office, but
reside outside the county. This has a tendency of inflating the overall figures; thus,
providing an inaccurate representation of law enforcement contacts with the public.
Therefore, it is felt that DPS data relevant to county residents, if compared only to the
portion of individuals who reside in Brazos County and have come in contact with the
Sheriff's Office during a given year, will offer a more accurate representation and
provide further insights than other sources including census data.
When comparing the county residents who came in contact with the Brazos
County Sheriff's Office during 2011 with those who, according to DPS, were residents of
the county during that time and held a valid driver's license, the data produced interesting
findings. That is, the percentage of law enforcement contacts with White drivers, when
compared to the percentage of White county residents who held a valid drivers license,
demonstrated that the percentage of contacts with the Sheriff's Office were almost the
same; the variance was 10.7 %. Data shows the there was -1.7% difference in the number
of Hispanic drivers in Brazos County compared to the number of Hispanics contacted.
In addition, when analyzing, in the same manner, the data relevant to individuals
of African descent, the percentage for law enforcement contacts were again almost
identical to the percentage of drivers of African descent according to DDS's records; the
variance was only 1.2 %.
The data relevant to individuals of Asian descent, the percentage for law
enforcement contacts were again almost identical to the percentage of drivers of Asian
descent according to DPS's records, the variance was -8.1 %.
The data relevant to individuals of Native American descent, the percentage for
law enforcement contacts were again almost identical to the percentage of drivers of
Native American descent according to DDS's records; the variance was -0.1 %. It should
be noted that the Brazos County Sheriff's Office only made one law enforcement contact
Vol. I E) 7 pg. / 3
with drivers of Native American descent and that DPS records show that people of Native
American descent make up less than one percent of Brazos. County's drivers (0.2 %).
The data relevant to individuals of Middle Eastern descent shows that we made no
contacts with those individuals. It should be noted that no comparison can he made at
this time because DPS does not indicate Middle Eastern as a Race or Ethnicity when
collecting and distributing data. Data could be listed for these drivers under White or
Other. It is entirely dependent on the individual reporting to DPS as to how they want to
be classified.
The data relevant to individuals of other racial descent shows that there were no
contacts with individuals listed as other for racial decent. The population of drivers listed
as other for racial decent snakes 1.9 %. This means that our variance is -1.9%
L
Vol. )5-7
Corrective Action
It is the policy of the Brazos County Sheriff s Office that any deputy who, after an.
internal investigation, has been found guilty of engaging in racial profiling, that one of
the following series of disciplinary measures is taken (as per the recommendation of the
Sheriff):
1) Deputy is retrained in racial sensitivity issues
2) Deputy is suspended and as a condition of further involvement with the Sheriff's
Office is asked to undergo racial sensitivity training
2) Deputy is terminated
Data on Corrective Action
The following table contains data regarding deputies that have been the subject of a
complaint, during the time period of 1 /1111 - 12/31/11, based on allegations outlining
possible violations related to the Texas Racial Profiling Law. The final disposition of the
case is also included.
a
Check above if the Brazos County Sheriff's Office has not received any complaints, on
any members of its patrol force, for having violated the Texas Racial Profiling Law
during the time period of 1!1111 - 12/31 /11.
Conn laints Filed for Possible Violations of S.R. 1074 (The Texas Racial Profiling Law
Complaint Alleged Violation Disposition of the Case
No.
Vol. 5 7 pg. L ) 9 5
Summary Statement
The findings suggest that the Brazos County Sheriff's Office does not currently
experience a problem regarding racial profiling practices. This is supported by the fact
that no complaints from community members have been received by the Sheriff's Office
regarding officer misconduct associated with racial profiling practices. This is also
supported by the number of law enforcement contacts as compared to the DPS data for
drivers in Brazos County. Also supporting this is that our percentages by race for contacts
has a 10.7% variance or less in each race category when compared with the base line of
number of licensed drivers by race in Brazos County as compiled by DPS.
The continuing effort to collect law enforcement contact data will assure an on-
going evaluation of the Brazos County Sheriff's Office practices. Thus, allowing for the
citizens of Brazos County to benefit from professional and courteous service from their
Sheriff s Office.
Vol. 7 5 Pg , C) 9 ff
(II) For additional questions regarding the information presented in this report, please
contact:
Christopher C. Kirk
Brazos County Sheriff
1700 Highway 21 West
Bryan, Texas 77803
979 -361 -4900
Vol. /- 2 0 0
TIER I - PARTIAL EXEMPTION RACIAL PROFILING REPORT
Agency Name: BRAZOS CO. SHERIFF'S OFFICE
Reporting Date: 02/13/2012
TCLEOSE Agency Number: 041100
Chief Administrator: CHRISTOPHER C. KIRK.
Agency Contact Phone: 979- 361 -4900
Information: Mailing Address:
BRAZOS CO. SHERIFF'S OFFICE
1700 Highway 21 West
Bryan, TX 77803
This Agency claims partial racial profiling report exemption because:
Our vehicles that conduct motor vehicle stops are equipped with video and audio equipment and we
maintain videos for 90 days.
Certification to This Report 2.132 (Tier I) — Partial Exemption
Article 2.132(b) CCP Law Enforcement Policy on Racial Profiling
BRAZOS CO. SHERIFF'S OFFICE has adopted a detailed written policy on racial profiling. Our
policy:
(1) clearly defines acts constituting racial profiling;
(2) strictly prohibits peace officers employed by the BRAZOS CO. SHERIFF'S OFFICE from
engaging in racial profiling;
(3) implements a process by which an individual may file a complaint with the BRAZOS CO.
SHERIFF'S OFFICE if the individual believes that a peace officer employed by the BRAZOS CO.
SHERIFF'S OFFICE has engaged in racial profiling with respect to the individual;
(4) provides public education relating to the agency's complaint process;
(S) requires appropriate corrective action to be taken against a peace officer employed by the
BRAZOS CO. SHERIFF'S OFFICE who, after an investigation, is shown to have engaged in racial
profiling in violation of the BRAZOS CO. SHERIFFS OFFICE'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
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Standards and Education
Vol. r / Pg. C� °�
(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.
I certify these policies are in effect.
Executed by: CHMTOFHER C; K1RI(
Chief Administrator
BRAZOS CO. SHERIFF'S OFFICE
Date: 02/13/2012
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Standards and Education
Vol. 1 57 pg. 2 03
BRAZOS CO. SHERIFF'S OFFICEMotor Vehicle Racial Profiling
Information
Number of motor vehicle stops:
1. 371 citation only
2. 4 arrest only
3. 16 both
4. 391 Total (4, 11, 14 and 17 must be equal)
Race or Ethnicity:
5
69 African
6.
4 Asian
7,
309 Caucasian
8.
9 Hispanic
9.
0 Middle Eastern
10,
0 Native American
11. 391 Total (lines 4, 11, 14 and 17 must be equal)
Race or Ethnicity known prior to stop?
12. 0 Yes
13. 391 No
14. 391 Total (lines 4, 11, I4 and 17 must be equal)
Search conducted?
15. 94 Yes
16, 297 No
17. 391 Total (lines 4, 11, 14 and I7 must be equal)
Was search consented?
18. 63 Yes
19.31 No
20. 94 Total (must equal line 15)
Page 3 of 3 pages submitted electronically to the
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Standards and Education
57�
Vol. P�•
BMWs County Office of the Sherd
Christopher C. Kirk Sheriff
Michael B. Wilson — Chief Deputy Wayne Dicky —jail Adm inistrator
TO: Honorable County Judge Duane Peters
Honorable Commissioner Pct. #1 Lloyd Wassermann
Honorable Commissioner Pct. 42 Sammy Catalena
Honorable Commissioner Pct. #3 Kenny Mallard
Honorable Commissioner Pct. #4jrma Cauley
FROM: Sheriff Chris Kirk • 0
DATE: Wednesday, February 15 2012
REF: Reporting requirements for Senate Bill 1074, 77' Legislature, Racial Profiling.
Included with this memo is a copy of the 2011 Racial Profiling Report for the Brazos County Sheriffs Office to
the Commissioners Court. The report includes summaries and analysis of the law enforcement contact data
compiled by the Brazos County Sheriff's Office deputies for the year of 2011.
I also request that you add the following agenda item to the Tuesday, February 21st, 2011 Commissioners Court
meeting:
Acknowledge receipt of the Brazos County Sheriff's Office annual law enforcement contact data report required
by the Texas Racial Profiling Law.
The only Court action required is to acknowledge receipt of the annual report from Sheriff Kirk
MOTE: This report is submitted in compliance with the reporting requirement established in Texas Racial
Profiling Law, Article 2.134(b), Chapter 2, Section 1 of the Criminal Code of Procedure,
cW &W-Washerff com
' 1700 Highway 21 West, Bryan, Texas 7 78 03 -13 00 4# OFF TcE (979) 361 -490 'If Fax (979) 361-49 •
Vol. 15 7 p g . `- o5—
Brazos County Purchasing Department
Weekly Update
2/09112 — 2116/12
ACKNOWLEDGED
Number of PO's Processed: 70
Requisitions Completed: 5
Capital Payments: 6 41-19
Duane Peters ate �
Projects In Progress County Judge
Construction
Courthouse:
Phase I & 11
- 3` floor above ceiling work in progress
Phase 111
- Demo of 1 floor jail area in progress
- Removal of dirt in basement through salleyport in progress
- Sidewalk demo on west side within next week
- Replacement of sidewalk on north side in progress
Bids/ RFP's/ RFQ's
RFQ for Engineer for Pendleton
RFQ for Surveyor
Cold Mix Limestone
Uniform Rental
Heavy Machinery Rental
Transportation of Deceased
Fencing Supplies
Equipment Lubricants
Herbicides and Surfactants
Hydrated Lime
Poly Jute
Asphalt and Emulsions
Renewals
Mowing of Rights -of -Way
Property - Advertise 2/3 & 2/10
- Solicitation in progress
-To close 2120
-To close 2/27
-To close 2/27
- Solicitation in progress
-To close 2/20
-To close 2/27
-To close 2/20
-To close 2120
-Dept. reviewing specs
-Dept. reviewing specs
- Renewal in progress
Vol. - 157 Pg. 3 0 (e
Solicitation of Quotes
N/A
Other
Auction
- Purchasing is receiving surplus from departments
Purchasing Policy
- Reviewing and revising policy
Electronic Bid System
- Notifications sent to all registered vendors about bid system
Website is posted on the Brazos County Website under the Purchasing
page
Assets
- Assets from periods 1 -3 reconciled
- Entering transfers that have transpired since beginning of FY 2012
Sanctuary Courtroom
- Additional items to Court for approval
Print Management
- Working with IT department to establish parameters for project
v o l. — 5 Ps. 2 D 7