HomeMy WebLinkAbout2005-03-01-9:00AM-RegularBRAZOS COUNTY
BRYAN, TEXAS
NOTICE OF MEETING
AND AGENDA
BRAZOS COUNTY COMMISSIONERS COURT
THE C 1
SESSIO
COURT
SUITE 1
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VIISSIONERS COURT OF BRAZOS COUNTY WILL MEET IN REGULAR
ON' 1 MARCH 2005 AT 9:00 A.M. IN THE COMMISSIONERS
OM OF THE BRAZOS COUNTY COURTHOUSE, 300 E. 26TH STREET,
BRYAN, TEXAS.
and Pledge of Allegiance - Commissioner Mallard
for citizen's input and/or concerns.
take action on agenda items 3 -13:
Amendment 04/05-18.1 thru 04/05-18.2.
Change of Status.
of Claims.
6. A horization for the Community Healthcare Endowment Fund (CHEF) Review
C #imittee to disburse $120,000.00 in grant funds for FY 2005-2006 to community
pr rams that benefit Brazos County residents.
7. C A~L
tract between Brazos County and the Brazos Valley Council of Governments for
in gent health care, in accordance with the Indigent Health Care and Treatment Act.
C tract term is 1 September 2004 through 31 August 2007.
8. P hase of two Ford Explorers for the Juvenile Services Department (requisition
# 03235).
9. R uest by Purchasing for permission to award Bid 2005-021, Seal Coat Projects for
Pr incts 1, 2, 3, and 4, as follows:
Primary Vendor: F.N. Ploch Construction
Secondary Vendor: Young Contractors
yoL-0--IPaGE I
Commissioners Court Agenda
1 March 2005
Page 2
10
uest by Purchasing for permission to award Bid 2005-018, Purchase of two 6-8 Yard
p Trucks, to Hogan's Trucks Unlimited based on lowest price per vehicle that meets
specifications.
ition #00003168 to F. N. Ploch Construction Company for seal coat projects in
As 1, 2, 3, and 4 as per Bid 2005-021.
12. T Refund Applications for the following:
a. Abel J. & Melba F. Barreiro
b. Ada Crooks Johnson
C. Josephine Williams
d. Rachel Blakesley
e. Edward & Sylwia W. 0001
f. Ossie M. Jones
g. Pedro Jr. & Myong Ledesma
h. Malinda Gay McGowan
13. eptance of a Special Warranty Deed from Locke Wade Pachall for improvements to a
p lion of North Dowling Road located in Precinct 1.
14. A nowledgement of the 2004 Racial Profiling Statistical Report for the Brazos County
S riff s Office.
15. A owledgement of the 2004 Racial Profiling Statistical Report for the Precinct 2
C stable's Office.
16. A owledgement of the 2004 Racial Profiling Statistical Report for the Precinct 1
C stable's Office.
17. Ai nowledgement of the Monthly Reports submitted in February 2005. These reports
available for review in the County Judge's Office.
18. Alouncement of interest items and possible future agenda topics.
19. CN1 for citizen input and/or concerns.
20. Ancy / Board / Committee reports by Court members.
21. Adiourn
The Brazos ounty Courthouse is wheelchair accessible. Handicap parking spaces are available. Any request for sign
interpretive ices must be made two business days before the meeting. To make arrangements, call (979) 361-4102.
VOL PAGE
COMMISSIONERS' COURT
REGULAR MEETING
MARCH 1, 2005
1
f~
A regular meeting of the Commissioners' Court of Brazos
znty, Texas was held in the Brazos County Commissioners
C~i~rtroom in the Courthouse in Bryan, Brazos County, Texas,
b~~inning at 9:00 a.m. on Tuesday, March 1, 2005 with the
'lowing members of the Court present:
Randy Sims, County Judge, Presiding;
Lloyd Wassermann, Commissioner of Precinct l;
Duane Peters, Commissioner of Precinct 2;
Kenny Mallard, Commissioner of Precinct 3;
Carey Cauley, Jr., Commissioner of Precinct 4, Absent;
Karen McQueen, County Clerk.
The attached sheet contains the names of the citizens and
o$~icials that were in attendance.
Commissioner Mallard gave the invocation and led the
p]~~dge of allegiance.
There was no citizen input/and or concerns.
The Court next considered Budget Amendment #04/05-18.1
t ough 18.2 that would reallocate funds for the Health and
L' e Insurance Fund and the Information Technology Department.
0 motion by Commissioner Peters, seconded by Commissioner
W sermann, the Court voted unanimously to approve the budget
a ndment as submitted, a copy of which is attached.
L ~ PAGE ~
_
Coil, issioners Court meeting March 1, 2005 2
The Court proceeded to consider the change of status of
e loyees as submitted on the attached Personnel Action
R nests. On motion by Commissioner Peters, seconded by
C issioner Mallard, the Court voted unanimously to approve the
c nges as submitted.
The Court next considered the following Claims as submitted by
t County Treasurer for payment:
7004312 through 7004531
O motion by Commissioner Peters, seconded by Commissioner
M lard, the Court voted unanimously to approve the Claims as
s mitted.
The next matter before the Court was authorization for
t Community Healthcare Endowment Fund (CHEF) Review
C ittee to disburse $120,000.00 in grant funds for Fiscal
Yr 2005-2006 to community programs that benefit Brazos
C my residents. On motion by Commissioner Wassermann,
s onded by Commissioner Peters, the Court voted unanimously
t authorize the disbursement.
The next matter before the Court was approval of a
C tractual Agreement between Brazos County, the Brazos Valley
C ncil of Governments and St. Joseph Regional Health Center
f indigent health care. This is in accordance with the
I igent Health Care and Treatment Act. The cost to Brazos
L ~,J PAGE
C issioners Court meeting March 1, 2005 3
C my will be $30,000.00. The term of the contract commences
OT the first (1St) of September 2004 or on the date that the
c 'tract is executed and shall terminate on the thirty-first
L
PAGE
`I
( ) day of August 2007. On motion by the County Judge,
s onded by Commissioner Peters, the Court voted unanimously
t enter into contractual agreement with the Brazos Valley
Cq*ncil of Governments and St. Joseph Regional Health Center.
A lopy of the contractual agreement is attached.
The Court next considered approval of the purchase of two
F#d Explorers for the Juvenile Services Department
Total
cgtt is $41,781.50. On motion by the County Judge, seconded
bj]Commissioner Peters, the Court voted unanimously to approve
purchase and authorized the County Judge to execute the
t authorization.
The Court next considered awarding Bid No. 2005-021, Seal Coat
P jects for Precincts 1,2,3 &4
t following recommendations:
Becky Stephens Senior Buyer, made
Primary Vendor: F. N. Ploch Construction
Secondary Vendor: Young Contractors
motion by Commissioner Peters, seconded by Commissioner
W
sermann, the
Court voted unanimously
to
accept
the
r
~ommendation of
the Senior Buyer and award
the
contract
as
n# ed. A copy of the bid tabulation is attached.
C issioners Court meeting March 1, 2005 4
The Court next considered awarding Bid No. 2005-018,
P chase of two (2) 6-8 yard dump trucks. Becky Stephens,
S for Buyer, recommended acceptance of the bid submitted by
H an's Trucks Unlimited. On motion by Commissioner Peters,
s onded by Commissioner Wassermann, the Court voted
u nimously to accept the recommendation of the Senior Buyer
a award the contract to Hogan Trucks Unlimited. A copy of
t bid tabulation is attached.
The next matter before the Court was approval of
r 'uisition #00003168 to F.N. Ploch Construction Company for
S 1 Coat Projects in Precincts 1,2,3 &4. On motion by
C issioner Peters, seconded by Commissioner Wassermann, the
C 'rt voted unanimously to approve requisition #00003168 in
t amount of $589,463.31.
The next matter for consideration was approval of tax
r and applications from the following individuals and/or
c panies:
a. Abel J. & Melba F. Barreiro, Over Payment $1,271.10
b. Ada Crooks Johnson, Over Payment $151.38
c. Josephine Williams, Over Payment $50.01
d. Rachel Blakesley, Over Payment $226.37
e. Edward & Sylwia Cook, Over Payment $84.08
f. Ossie M. Jones, Over Payment $300.00
g. Pedro Jr. & Myong Ledesma, Over Payment $13.67
h. Malinda Gay McGowan, Over Payment $2460.27
0 motion by Commissioner Peters, seconded by Commissioner
W sermann, the Court voted unanimously to approve the tax
L ~ 7 PAGE b
C missioners Court meeting March 1, 2005 5
r Fund applications.
The Court next considered acceptance of a Warranty Deed
f right-of-way on North Dowling Road in Precinct 1. On
MCI--ion by Commissioner Wassermann, seconded by Commissioner
P ers, the Court voted unanimously to authorize the County
J ge to accept on behalf of Brazos County a Warranty Deed
f m Locke Wade Pachall for the expansion and improvements to
N#th Dowling Road.
The County Judge next considered the Addendum to the
nda, that being the proposed amendment to the contract
b weep Brazos County and the Brazos Animal Shelter concerning
a mal control. There was considerable discussion about what
c stitutes cruelty to animals, who needs to be responsible
f seizures of animals and if the animal shelter is not
responsible for seizures then who will be responsible for the
e
ense
of housing seized
animals. Then on motion
by the
C
Inty
Judge, seconded by
Commissioner Mallard, the
Court
v ed unanimously to put together a letter of understanding to
a nd the contract with the animal shelter. Included in the
m ion is the assignment of livestock issues including cruelty
t the Sheriff's Department and to review the contract for
ifications.
The Court acknowledged receipt of the 2004 Racial
L G ~ PAGE q
C issioners Court meeting March 1, 2005 6
P 'filing Statistical Report for the Brazos County Sheriff's
Off ice.
The Court acknowledged receipt of the 2004 Racial
Pfffiling Statistical Report for the Precinct 2 Constable's
Ofice.
The Court acknowledged receipt of the 2004 Racial
Pfffiling Statistical Report for the Precinct 1 Constable's
O ice.
The Court acknowledged receipt of the Extension Service
r orts for January and February 2005 and acknowledged receipt
o reports from the following County and Precinct Offices
s wing revenues collected and remitted to the County
T asurer:
County Clerk
District Clerk
Justice of the Peace Precinct 1
Justice of the Peace Precinct 2, Place 1
Justice of the Peace Precinct 2, Place 2
Justice of the Peace Precinct 3
Justice of the Peace Precinct 4
Constable Precinct 1
Constable Precinct 2
Constable Precinct 3
Constable Precinct 4
Sheriff
Altopy of the Officials' reports can be viewed in the County Auditor'
office.
Under announcement of interest items and possible future ager
t ics the following spoke:
L _ G J PAGE S
Court meeting March 1, 2005 7
t
t
Commissioner Mallard
a) Said the Justice of the Peace and Constable
Precinct 3 project was moving forward. They are
working on the property line, the creek with a
possible detention pond and with the architect on
the building.
There was no citizen input and/or concerns.
Under Agency/Board/Committee reports by Court members,
following spoke:
Commissioner Mallard
a) Said he had gone on a legislative trip to Austin
last week with the Chamber of Commerce. They
had lunch with Representative Robbie Cook, State
Representative Fred Brown and State Senator
Steve Ogden. They discussed the issue of
funding for the Mental Health Mental Retardation
Authority (MHMR).
There being no further business to come before the Court,
meeting was adjourned.
L V PAGE 9
BRAZ
MEETIN
COUNTY COMMISSIONERS COURT
ON 20W--'AT :DD
Name
Organization/Department
l
n
1``Z
1~~7X
VOL PAGE 0
BRAZOS COUNTY, TEXAS
BUDGET AMENDMENTS
No. 04/05 -18.1
3/11/2005
FD
ACCT
PROJ
DR/CR
ACCOUNT NAME
Increase
Decrease
5000
71112000
CR
Medical Claims
11,625.00
5000
72590000
DR
Professional Fees
11,625.00
j
ealth
Insurance Fund
nds to allow for professional fees to pa Health Insurance Consultant, Plumhoff & Assoc.
Approved b
ommissioners' Court meet
ing held on February 5, 2005.
Contract er
from 2/08/05 - 12/31/05.
Prepared Bt-: a ifj Approved By:
Date: 2/24/2005; Date:
V0 ,o7 Pf"W"E
THIS CONTRACT IS SUBJECT TO ARBITRATION UNDER THE
TEXAS GENERAL ARBITRATION ACT
CONTRACT
Thi ontract is entered into by and between BRAZOS COUNTY, TEXAS, acting by and through
its d elected County Commissioner's (hereinafter "County"), the BRAZOS VALLEY COUNCIL
OF VERNMENTS (hereafter "BVCOG") and St. Joseph Regional Health Center, Bryan in
BRA S COUNTY (hereinafter "Provider").
11
RECITALS
AS, the care of this State's poor and indigent has become a growing problem; and
N~71 4. AS, the 69 h Legislature of the State of Texas recognizing the need for improved health care for
the St c 's poor and indigent enacted the Indigent Health Care and Treatment Act, providing for indigent
heal are in Texas through the Counties of the State; as amended by the 76 h Texas Legislature and
AS, the Counties are required pursuant to this Legislation to contract with local Physicians (M.D.
or D. to provide health care to the State's indigents;
NO REFORE the parties above stated agree to the following Contract to provide such indigent
ht--01'}1 ra
DEFINITIONS
1. "Handbook" shall mean the County Indigent Health Care Program Handbook developed by
the Texas Department of human Services and distributed to all Providers, a copy may be
obtained by contacting TDH.
2. "TDH'shall mean the Texas Department of Health.
3. "The Act", shall mean the Indigent Health Care and Treatment Act.
4. "Mandated Services" shall mean those services which hospitals and doctors may provide to
Indigents and obtain reimbursement therefore from the County pursuant to the Act.
5. "The Program' shall mean the services offered to the Public pursuant to the Act.
6. "Emergency Services" shall have the meaning assigned by Article 4438a Vernon Texas Civil
Statutes.
"Eligibility Document" shall mean the identification card, certificate or other document issued
by the BVCOG as an indigent, and (ii) is a resident of Brazos County and does reside within
an area that a public hospital or hospital district has a legal obligation to serve.
TERM
This ntract shall continue in force and effect for a term of no more than one (1) year commencing on
the fir 0") day of September, 2004 or the date upon which this contract is executed, and shall
termin l e on the thirty-first (31f') day of August, 2007. The parties shall have, and there is hereby
given, ee (3) option to renew this Contract for a period of one (1) year in each instance, to follow
conec vely upon the expiration of the term hereof and of any renewal period, upon the same terms and
conditi contained herein except for amendments made by the State Department of Human Services,
and/or State Legislature with regard to Mandated Services, rate schedules and other requirements which
are inc orated herein and made a part hereof for all purposes.
VOL_~LPAG E_ j_$
CANCELLATION
may be canceled by any of the parties hereto upon sixty (60) days written notice as provided
SERVICES TO BE PERFORMED BY PROVIDER
Thle,
vider shall perform only those services which have been declared by the Act to be Mandated
Seras set forth in the Handbook. The Provider shall also perform those services which are considered
Man d Services only if certain specified conditions are met. These Mandated Services may be altered,
exp d or limited by the TDH through the promulgation of regulations and rules and as the Act may be
amed from time to time by the State Legislature. The BVCOG shall keep the Provider updated with all
addiis, exclusions or changes to the Mandated Services.
Thovider shall deliver Emergency Services to those indigents who have been determined by the
BVto be Eligible Residents. Such emergency services may be provided without prior County
appr. In the case of non
-emergency Mandated Services the Provider shall perform such services only
uposentation by the prospective patient of an Eligibility Document and upon verification that such
patie name appears on the latest computer list of Eligible Residents to be distributed by the BVCOG no
less once every six (6) months.
RATES FOR REIMBURSEMENT
The 'ovider agrees and acknowledges that it shall be reimbursed for the Mandated Services at the rates
establ ed by the TDH for such services as such rates may be amended from time to time Costs in excess
of suc ates shall by the responsibility of the Provider.
LIMIT ON COUNTY'S LIABILITY FOR PAYMENT
The unty shall by responsible for:
(a) tal of thirty (30) days (cumulative) in the county's fiscal year for hospital and/or skilled nursing
ility care or a combination of both; or a maximum total payment of THIRTY THOUSAND AND
/100 DOLLARS ($30,000) for all services provided to anyone eligible resident during the
unty's fiscal year by all providers, whichever comes fast; and
(b) aximum liability for all services and payment to all providers in the state's fiscal year equal to
t percent (8%) of the County's General Revenue Tax levy.
c4 i puting the amounts a Provider may bill the County for Indigent care, the Provider and the
13VC1 C! shall not include to following:
(1) any amount for Mandated Services provided to a person who receives, or is
entitled to receive, assistance for Mandated Services from a third party insurer
or under a governmental program.
(2) Any amount for services provided to a person who is not an Eligible Resident or
for services not covered by this Agreement.
(3) Any amounts for services provided by Provider in a period during which the
person's Eligibility Document indicates that the person is ineligible for Indigent
Care; and
(4) Any amount for services provided to a person after the County has notified
Provider by telephone or in writing that such person's Eligibility Document is
no longer valid. A telephone notification that a person's Eligibility Document is
no longer valid shall by confirmed in writing by the BVCOG within five (5)
working days of the telephone notification. If a prospective patient presents an
Eligibility Document which Provider has been notified by the BVCOG is
VOL 61 PAGE 17
invalid, Provider shall request the holder of the eligibility Document to
surrender it and shall send any such surrendered documents to the BVCOG.
QUALIFIED SERVICES
In
in an
to obtain reimbursement for Mandated Services to be provided to indigents, the Provider must
it the service was medically necessary and the service was performed for diagnostic, therapeutic,
ive or palliative purposes and furnished by or under the direction of a physician (M.D. or D.O.),
opriate facility.
RESPONSIBILITIES OF BVCOG
BVCr will be responsible for providing the following services pursuant to this Contract:
1. Providing of all necessary application forms to potentially eligible individuals.
2. Provide intake services in the County at least once a month.
3. Assist applicants in completing all forms.
4. Determine the eligibility of each applicant with regard to residency and financial
qualifications pursuant to the procedure and qualifications defined in the Act, including but
not limited to Sections 1.03 and 1.06. In this capacity the BVCOG shall also be responsible
for mailing all necessary forms and following all procedures defined in the Handbook with
regard to notifications and appeals on the issue of household eligibility.
5. Maintain this Contract and assist the parties hereto in the operation of the Program.
6. Receive all bills submitted by the Provider for payment of services and review the same to
verify that the patient was an Eligible Resident at the time and that the bill qualifies in all
respects.
7. Send all bills for payment to the appropriate county for verification and payment.
3. Maintain data files on clients and billing records to verify the county is in conformity with. the
limitations on the amount of money or in hospital care any one indigent may receive in a one
(1) year period.
Provide information to the parties as needed.
0. Respond to all and any inquiries regarding the Program.
1. Assist the County with information needed for audit purposes.
2. Monitor the program on a periodic basis to check billing procedures and with TDH Staff
review overall Program management and operation.
3. Assist and supervise the reconciling of ineligible expenses with the appropriate parties.
4. Assist the County with all of its responsibilities under the Act.
5. Perform all other duties and functions necessary to fulfill the requirements as outlined in the
Act and the TDH Handbook.
6. Review the eligibility of each household every six (6) months.
3
val.--C 7 PAGE 20
ARBITRATION
It is . ereby agreed that if, at any time hereafter, any dispute, difference or question shall arise between the
Co and the Provider hereto regarding the payment or non-payment of a bill submitted by the Provider,
eve uch dispute, difference or question, shall be referred to arbitration in the following manner: Either
p ay appoint an arbitrator and, upon making such appointment, shall serve a written notice upon the
othe arty; said second party shall then appoint an arbitrator and the two arbitrators appointed shall
appo it a third arbitrator. In the event that said second party does not, within a period of fifteen (15) days
after ceiving notice from said first mentioned party, appoint an arbitrator and serve written notice thereof
upon id fast mentioned party, the arbitrator appointed by the first mentioned party shall have power to
proc to arbitrate and determine the question as if he were an arbitrator appointed by both parties or that
purp and his award in writing shall be final and binding upon parties. In the event that both parties
appo arbitrators as aforesaid, the two arbitrators so appointed shall, within fifteen (15) days after the
appo' ent of the second arbitrator, proceed to appoint a third arbitrator. In the event that said arbitrators
are le to agree upon a third arbitrator, such third arbitrator shall, upon the application of either party,
be ap inted by a district court judge for the County of BRAZOS, state of Texas. The three arbitrators
appo' ed in the manner aforesaid shall proceed with all reasonable dispatch to hear and determine the
matte n dispute and the decision or award in writing of said arbitrators or a majority of them shall be final
and b g upon both parties. The arbitrators are authorized to enter said decision or award in any court
havin nriviintinn
APPEAL
The ovider and the County shall have the right to submit a dispute involving household residency only
to the H for resolution. The party seeking the resolution shall submit TDH Form 106 and all relevant
info ion regarding the same to the Policy Section Division Office of the General Counsel of TDH. The
office fe ll conduct a hearing and issue its final decision within twenty-one (21) days of the date of request.
The d ion of the Office of the General Counsel may be appealed pursuant to the Administrative
Proce and Texas Register Act, Article 66252-13a Vernons Texas Civil Statutes.
FUNDING
The unty shall be responsible for notifying the BVCOG and the Provider when its total expenditures
for the ear on the Program have reached Eight percent (8%) of the County's general revenue tax levy, its
total li ility for the program. Should state matching funds be available for the Program, the County shall
notify, a BVCOG and the Provider of the County's continued participation in the Program subsequent to
its exp diture of 8% of its general revenue tax levy. Upon depletion of State funds appropriated for the
Progr the County shall notify the BVCOG and the Provider of the County's non-liability for further
fundin ' f the Program.
INSURANCE
Thep ies hereto agree that the Provider shall be an independent contractor and not an agent of the
County d that each shall maintain at its own expense, adequate liability insurance to insure against
damage and liabilities which may arise due to the duties and obligations contracted for herein.
AMENDMENT
This c tract shall be automatically amended by the amendments made to the Act by the State
Legisla e, and by any changes to the Mandated Services and fee schedule promulgated by the TDH, in all
other re ects, this contract may only be amended by the written consent of all the parties hereto.
VOL W PAGE
5
rr
GOVERNING LAW
This eement shall be executed in and shall be governed by the laws of the State of Texas.
NOTICES
All ices required to be given hereunder shall be deemed to be duly given by person by delivering such
otice r by mailing it, registered mail, to the other party at the following addresses:
BRAZOSCOUNTY
BRAZOS COUNTY COURTHOUSE
BRYAN, TEXAS 77803
BVCOG
3991 E. 29 h STREET
P.O. DRAWER 4128
BRYAN, TEXAS 77805
ST. JOSEPH REGIONAL HEALTH CENTER
2801 FRANCISCAN DRIVE
BRYAN, TEXAS 77802
FURTHER ASSURANCES
Each y hereto agrees to perform any further acts and to execute and deliver any further documents
which lay be necessary to carry out the provisions of this Agreement.
SEVERABILITY
In the ent that any of the provisions or portions thereof, of this Agreement, are held to be enforceable or
invalid y any court of competent jurisdiction, the validity and enforceability of the remaining provisions
or port ns thereof shall not be affected thereby.
ENTIRE AGREEMENT
This eement contains the entire understanding between the parties hereto concerning the subject matter
contain herein. There are no representations, agreements, arrangements, or understanding, oral or
written etween or among the parties hereto, relating to the subject matter of this Agreement, which are
not full expressed herein.
ASSIGNABILITY
v PACE a3
o~~
6
sr - WJ 4. G.'T'+
r shall have the right to assign this Contract and any of its rights hereunder to a wholly owned
uy or to a corporation with which it may be merged without prior written consent of the County;
re, this Contract is not assignable by the Provider or by the BVCOG without the prior written
of the County.
DATE" tWi V' day of
By:
C6unty Judge, Brazos County
BRAZ S VALLEY COUNCIL OF GOVERNMENTS
Tom'
Executive
By:
St.
U T3
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VOL 67 PAGE 2
,
VOL_~j PAGE 9
rr
l:
BRAzosx, COUNTY
SI~E~T~'F'S FICE
"IA, L. PROFILING
0RT FOR
ANUA~RY Il' TE3 i, 2004
-y
VOL PAGE d'
9
VOL1 -1PAGE 30
VLAZ ,c BRAZOS COUNTY OFFICE OF THE SHERIFF
0pA2ps s
*n CHRISTOPHER C. KIRK
JIM MANN, CHIEF DEPUTY
WAYNE DICKY, JAIL ADMINISTRATOR
, February 22, 2005
300 E. 26TH ST. SUITE 105
BRYAN, TEXAS 77803-5359
Since January 1, 2002, the Brazos County Sheriff s Office, in accordance with the
Racial Profiling Law (S.B. No. 1074), has been collecting police contact data for
rpose of identifying and responding (if necessary) to concerns regarding racial
ig practices. It is my hope that the findings provided in this report will serve as
ce that the Brazos County Sheriffs Office continues to strive towards the goal of
ining strong relations with the community.
In this report, the reader will encounter several sections designed at providing
ba ound information on the rationale and objectives of the Texas Racial Profiling
La Other sections contain information relevant to the institutional policies adopted by
the 13razos County Sheriff s Office banishing the practice of racial profiling among its
The final components of this report provide statistical data relevant to the public
co cts made during the period of 1/1/04 and 12/31/04. This information has been
anal, ed and compared to the Department of Public Safety data on motorists residing in
the razos County area. The analysis of the data and recommendations for future areas
of eazch are also included. It is my sincere belief that the results of this report
d nstrate that the Brazos County Sheriff's Office is committed to providing fair and
equ ble law enforcement for all citizens.
S zel~ -i
.r C. Kirk, Sheriff
OFFICE (979) 36 4100
4V
ADMINISTRATION (979) 361-4148
VOL 61 PAGE 21
I* FAX (979) 361-4170
Law Enforcement Contact Data
Annual Report
January 1, 2004---December 31, 2004
Table of Content
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
Background
a) Sheriff's Office's General Orders/Procedures
b) Report on Inventory/Usage of Video/Audio Equipment in Patrol Vehicles
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 (1/1/04-12/31/04).
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)
Summary of Findings
a) Summary Statement Regarding Findings
b) Check List/Contact Information
voL_0 PRGe 3a
rT-
S.B. No. 1074
AN ACT
:o the prevention of racial profiling by certain peace officers.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF
adding M
SECTION 1. Chapter 2, Code of Criminal Procedure, is amended by
2.131 through 2.138 to read as follows:
Art. 2.131. RACIAL PROFILING PROHIBITED A peace officer
Art. 2.132. LAW ENFORCEMENT POLICY ON RACIAL
(1) "Law enforcement agency" means an agency of the state
icipality, or other political subdivision of the state. that emnlovs neace
in
(2) "Race or ethnicity" means of a particular descent
;an, Hispanic, Asian, or Native American descent
(b) Each law enforcement agency in this state shall adopt a detailed
(1)
clearly
define acts constituting racial
profiling;
(2)
strictly
prohibit peace officers employ
ed by the agency
(3) implement a process by which an individual may file a
VOL Ia 7 PAGE
+t
(4) provide public education relating to the agency's
(5) require appropriate corrective action to be taken against a
cwho, after an investigation, is shown to have eneaLyed in
iolation of
(6) require collection of information relating to traffic stops
in whi4h a citation is
and
each co t i or muni
under bdivision (6) if
(A) the race or ethnicity of the individual detained;
(B) whether a search was conducted and if so
ted to the search; and
(7) require the agency to submit to the governing body of
the agency an annual report of the information collected
is an aEencv of a county municinality_ or other nolitical
(c) The data collected as a result of the reporting requirements of this
icle all not constitute prima facie evidence of racial profiling.
(d) On adoption of a policy under Subsection (b) a law enforcement
enc all examine the feasibilit _ of installing video camera and transmitter-activated
in
to maK ainc sto s. it a law enforcement agency installs video or audio ui ment as provided
b this bsectio the policy adopted b the agency under Subsection must include standards
(e) A report required under Subsection (b)(7) may not include
out a peace officer who makes a traffic ston or about an individ
VOL 0 PAGE 9T
who is
o ed or arrested b a eace officer. This subsection does not affect the collection of
inform
on as required b a policy under Subsection (b)(6).
a enc
(fl On the commencement of an investigation by a law enforcement
a complaint described b Subsection 3 in which a video or audio recording of the
occurre
' e on which the com Taint is based was made the agency shall promptly provide a co
of the r
rdin to the peace officer who is the subject of the complaint on written r uest b the
officer.
PEDES
Art. 2.133. REPORTS REQUIRED FOR TRAFFIC AND
STOPS. a In this article:
2.132 a
(1) "Race or ethnicity" has the meaning assigLied by Article
officer
(2) "Pedestrian stop" means an interaction between a peace
an individual who is being detained for the u se of a criminal investigation in
which
individual is not under arrest.
(b) A peace officer who stops a motor vehicle for an alleged violation
of a law
ordinance re-Rul atin traffic or who stops a pedestrian for an su ected offense shall
r rtto
a law enforcement agency that em to s the officer information relating to the stop,
includin
of the st
(1) a physical description of each person detained as a result
includin :
erson o
(A) the person's gender; and
(B) the person's race or ethnicity, as stated by the
if the person does not state the person's race or ethnici as determined b the officer
to the be i
j
of the officer's abilit
or the su
,
(2) the traffic law or ordinance alleged to have been violated
ected offense;
VOL 0 PAGE
(3) whether the officer conducted a search as a result of the
whether the person detained consented to the search;
(4) whether any contraband was discovered in the course of
the type of contraband discovered,
(5) whether probable cause to search existed and the facts
(6) whether the officer made an arrest as a result of the stop
the
(7) the street address or approximate location of the stop-,
and
(8) whether the officer issued a warning or a citation as a
result o the sto including a description of the warning or a statement of the violation charged.
Art. 2.134. COMPILATION AND ANALYSIS OF INFORMATION
COLL TED. a In this article "pedestrian stop" means an interaction between a ce
officer d an individual who is being detained for the nnrnneP of a criminal ;nvc.et;rtat;nn
. 1 ..1 II .
(b) A law enforcement agency shall compile and analyze the
in each report received by the agency under Article 2.133. Not later than
-ma n compiled durma the previous calendar year to the governing body of each count or
ici i served b the a enc in a manner approved b the agency.
(c) A report required under Subsection (b) must include:
(1) a comparative analysis of the information compiled
(A) determine the prevalence of racial profiling by
VOL (P~ PAGE
(B) examine the disposition of traffic and
is
(2) information relating to each complaint filed with the
;e officer employed by the agency has engaged in racial profiling
(d) A report required under Subsection (b) may not include
out a peace officer who makes a traffic or pedestrian stop or about an
wired under Article 2.133(b)(1)
(e) The Commission on Law Enforcement Officer Standards and
article.
The data collected as a result of the reporting requirements of this
I
itute prima facie evidence of racial profiling.
Art. 2.135. EXEMPTION FOR AGENCIES USING VIDEO AND
'T. (a) A peace officer is exempt from the reporting requirement under
.w enforcement agencv is exempt from the comnilation- analvsis_ and
ana a
icle 2.134 if
(1) during the calendar year preceding the date that a report
be submitted:
(A) each law enforcement motor vehicle regularly
and
VOL ~D~ PACE J~7
effort,
ancial hardship, available revenue and budget su luses. The criteria must give
riorit
! o:
whose
(1) law enforcement agencies that employ peace officers
rimarv dutv. is traffic enforcement;
nstitut
(2) smaller iurisdictions; and
(3) municipal and county law enforcement agencies.
(b) The Department of Public Safety shall collaborate with an
n of hi er education to identify law enforcement agencies that need funds or video and
audio
i ment for the ose of installing video and audio ui ment as described b Article
2.135
1 A . The collaboration ma include the use of a survey to assist in developing criteria
to rio
'ze fundin or ui ment rovided to law enforcement agencies.
the iDun
(c) To receive funds or video and audio equipment from the state for
se of installing video and audio ui ment as described b Article 2.135(a)( 1)(A), the
overni
body of a coup or municipality, in conjunction with the law enforcement a enc
servm
a coup or municipalily, shall certify to the D artment of Public Safe that the law
enforc
ent a enc needs funds or video and audio ui ment for that ose.
for the
(d) On receipt of funds or video and audio equipment from the state
wpose of installing video and audio ui ment as described b Article 2.135 a 1 A
the ov
in bod of a coup or munici ali in conjunction with the law enforcement a enc
serving
a coun or munici ali shall certify to the D artment of Public Safe that the law
enforc
ent a enc has installed video and audio ui ment as described b Article
2.135 a
1 A and is using the ui ment as r uired b Article 2.135(a)(1).
rules to
Art. 2.138. RULES. The Department of Public Safety may adopt
lement Articles 2.131-2.137.
adding
SECTION 2. Chapter 3, Code of Criminal Procedure, is amended by
icle 3.05 to read as follows:
lV L~PAGE
Art. 3.05. RACIAL PROFILING In this code "racial profiling"
enforcement-initiated action based on an individual's race ethnicity, or national
,r than on the individual's behavior or on information identifying the individual as
aged in criminal activity.
SECTION 3. Section 96.641, Education Code, is amended by adding
6) to read as follows:
(il As part of the initial training and continuing education for police
rPr~ nn~nr 41.:~ .,e,.~:,.« at -t-tt _ _t t• t
on of the best practices for:
(1) monitoring peace officers' compliance with laws and
(2) implementing laws and internal agency policies relating
(3) analyzing and reporting collected information
SECTION 4. Section 1701.253, Occupations Code, is amended by
adding bsection (e) to read as follows:
(e) As part of the minimum curriculum requirements the commission
shall es blish a statewide comprehensive education and training program on racial profiling fo
officers licensed under this cha ter. An officer shall complete a pro gam established under this
subsect On not later than the second annivers of the date the officer is licensed under this
cha ter r the date the officer a lies for an intermediate roficienc certificate whichever date
is earlic C.
SECTION 5. Section 1701.402, Occupations Code, is amended by
adding bsection (d) to read as follows:
(d) As a requirement for an intermediate proficiency certificate an
officer st complete an education and training program on racial profiling established b the
oommi on under Section 1701.253(e).
VOL G7 PAGE
ll
read as ollows:
ethnici " means of a arti
- - i, -
SECTION 6. Section 543.202, Transportation Code, is amended to
Sec. 543.202. FORM OF RECORD. (a) In this section, "race or
b) The record must be made on a form or by a data processing
to the department and must include:
(1) the name, address, physical description, including race or
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
Chapter 522 or was involved in transporting hazardous materials;
(4) the person's social security number, if the person was
a commercial motor vehicle or was the holder of a commercial driver's license or
driver learner's permit;
(5) the date and nature of the offense, including whether the
offense
a serious traffic violation as defined by Chapter 522;
(6) whether a search of the vehicle was conducted and
the plea, the judgment, and whether bail was forfeited;
0 [(7)] the date of conviction; and
U [(8)] the amount of the fine or forfeiture.
SECTION 7. Not later than January 1, 2002, a law enforcement
agency all adopt and implement a policy and begin collecting information under the policy as
required y Article 2.132, Code of Criminal Procedure, as added by this Act. A local law
enforcer nt agency shall first submit information to the governing body of each county or
munici ity served by the agency as required by Article 2.132, Code of Criminal Procedure, as
0,!L SAG l__
added My this Act, on March 1, 2003. The first submission of information shall consist of
ion compiled by the agency during the period beginning January 1, 2002, and ending
31, 2002.
SECTION 8. A local law enforcement agency shall first submit
inform i ion to the governing body of each county or municipality served by the agency as
require by Article 2.134, Code of Criminal Procedure, as added by this Act, on March 1, 2004.
The fi submission of information shall consist of information compiled by the agency during
the per d beginning January 1, 2003, and ending December 31, 2003.
SECTION 9. Not later than January 1, 2002:
(1) the Commission on Law Enforcement Officer Standards
and Ed cation shall establish an education and training program on racial profiling as required
by Sub ction (e), Section 1701.253, Occupations Code, as added by this Act; and
(2) the Bill Blackwood Law Enforcement Management
Institut of Texas shall establish a program on racial profiling as required by Subsection
Sectio 6.641, Education Code, as added by this Act.
SECTION 10. A person who on the effective date of this Act holds
an inte ediate proficiency certificate issued by the Commission on Law Enforcement Officer
Stans and Education or has held a peace officer license issued by the Commission on Law
Enforc ent Officer Standards and Education for at least two years shall complete an education
and tra ing program on racial profiling established under Subsection (e), Section 1701.253,
Occupz t, ions Code, as added by this Act, not later than September 1, 2003.
SECTION 11. An individual appointed or elected as a police chief
before e effective date of this Act shall complete a program on racial profiling established
under bsection 0), Section 96.641, Education Code, as added by this Act, not later than
Sept er 1, 2003.
SECTION 12. This Act takes effect September 1, 2001.
PAGE.
110 X
S.B. No. 1074
of the Senate Speaker of the House
I hereby certify that S.B. No. 1074 passed the Senate on April 4, 2001,
by the Mowing vote: Yeas 28, Nays 2; May 21, 2001, Senate refused to concur in House
amen ents and requested appointment of Conference Committee; May 22, 2001, House
grant equest of the Senate; May 24, 2001, Senate adopted Conference Committee Report by a
viva-v vote.
Secretary of the Senate
I hereby certify that S.B. No. 1074 passed the House, with
amen ts, on May 15, 2001, by a non-record vote; May 22, 2001, House granted request of
the S e for appointment of Conference Committee; May 24, 2001, House adopted Conference
Comm' ee Report by a non-record vote.
Chief Clerk of the House
II Q
VOL 0 FACE E-2
S.B. No. 1074
r7-
Bill 1074 of the 77`x' Legislature established requirements in the Texas Code of
al Procedure (TCCP) for law enforcement agencies. The Commission developed
;ument to assist agencies in complying with the statutory requirements.
3elines are written in the form of standards using a style developed from
ation organizations including the Commission on Accreditation for Law
ment Agencies (CALEA). The standards provide a description of what must be
fished by an agency but allows wide latitude in determining how the agency will
compliance with each applicable standard.
Eac standard is composed of two parts: the standard statement and the commentary.
Th tandard statement is a declarative sentence that places a clear-cut requirement, or
mul le requirements, on an agency. The commentary supports the standard statement
but not binding. The commentary can serve as a prompt, as guidance to clarify the
int of the standard, or as an example of one possible way to comply with the standard.
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.
2.131 of the TCCP prohibits officers from engaging in racial profiling, and article 2.132 of the
r►ow requires a written policy that contains the elements listed in this standard. The article also
:ally defines a law enforcement agency as it applies to this statute as an " agency of the state, or of a
municipality, or other political subdivision of the state, that employs peace officers who make
hops in the routine performance of the officers' official duties."
The icle further defines race or ethnicity as being of "a particular descent, including Caucasian,
Afric Hispanic, Asian, or Native American." The statute does not limit the required policies to just
these 'c groups.
This -itten policy is to be adopted and implemented no later than January 1, 2002.
1 of 4
VOL V URGE 4-5
E peace officer who stops a motor vehicle for an alleged violation of a law or
or nance regulating traffic, or who stops a pedestrian for any suspected offense reports
to a 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;
19 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.
Th ormation required by 2.133 TCCP is used to complete the agency reporting requirements found in
Art le 2.134. A peace officer and an agency may be exempted from this requirement under Article 2.135
TO Exemption for Agencies Using Video and Audio Equipment. An agency may be exempt from this
reporting requirement by applying for the funds from the Department of Public Safety for video and audio
eq ment and the State does not supply those funds. Section 2.135 (a)(2) states, "the governing body of
the unty or municipality served by the law enforcement agency, in conjunction with the law enforcement
age y, certifies to the Department of Public Safety, not later than the date specified by rule by the
d ent, that the law enforcement agency needs funds or video and audio equipment for the purpose of
ins g video and audio equipment as described by Subsection (a) (1) (A) and the agency does not
rec a from the state funds for video and audio equipment sufficient, as determined by the department, for
the ency to accomplish that purpose."
agency compiles the information collected under 2.132 and 2.133 and analyzes the
-oration identified in 2.133.
Se a Bill 1074 from the 77," Session of the Texas Legislature created requirements for law enforcement
age ies to gather specific information and to report it to each county or municipality served. New sections
of 1 were added to the Code of Criminal Procedure regarding the reporting of traffic and pedestrian
sto . Detained is defined as when a person stopped is not free to leave.
Artidle 2.134 TCCP requires the agency to compile and provide and analysis of the information collected
by ce officer employed by the agency. The report is provided to the governing body of the municipality
or my no later than March I of each year and covers the previous calendar year.
is data collection and reporting required based on Article 2.132 CCP (tier one) and Article 2.133
(tier two).
2 of 4
~ ~ ( PA 41
The inimum requirements for "tier one" data for traffic stops in which a citation results are:
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");
whether a search was conducted, and if there was a search, whether it was a consent search or a
probable cause search; and
whether there was a custody arrest.
The inimum requirements for reporting on "tier two" reports include traffic and pedestrian stops. Tier
two ta include:
I the detained person's gender and race or ethnicity;
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);
whether a search was conducted, and if so whether it was based on consent or probable cause;
facts supporting probable cause;
the type, if any, of contraband that was collected;
disposition of the stop, e.g., arrest, ticket, warning, or release;
location of stop; and
statement of the charge, e.g., felony, misdemeanor, or traffic.
Tier a reports are made to the governing body of each county or municipality served by the agency an
ann report of information if the agency is an agency of a county, municipality, or other political
su ion of the state. Tier one and two reports are reported to the county or municipality not later than
Mar I for the previous calendar year beginning March 1, 2003. Tier two reports include a comparative
anal is between the race and ethnicity of persons detained to see if a differential pattern of treatment can
be d erned based on the disposition of stops including searches resulting from the stops. The reports also
incl information relating to each complaint filed with the agency alleging that a peace officer employed
by agency has engaged in racial profiling. An agency may be exempt from the tier two reporting
requ ent by applying for the funds from the Department of Public Safety for video and audio equipment
and State does not supply those funds [See 2.135 (a)(2) TCCP].
R should include both raw numbers and percentages for each group. Caution should be exercised in
inter ting the data involving percentages because of statistical distortions caused by very small numbers
in particular category, for example, if only one American Indian is stopped and searched, that stop
wou not provide an accurate comparison with 200 stops among Caucasians with 100 searches. In the first
case 100% search rate would be skewed data when compared to a 50% rate for Caucasians.
If a w enforcement agency has video and audio capabilities in motor vehicles regularly
us or traffic stops, or audio capabilities on motorcycles regularly used to make traffic
sto 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.
The envy should have a specific review and retention policy. Article 2.132 TCCP specifically requires
that peace officer be promptly provided with a copy of the audio or video recordings if the officer is the
subi t of a complaint and the officer makes a written request.
that do not currently have video or audio equipment must examine the
of installing such equipment.
3 of 4
_ _ _ _ _
11 Bias Based Profiling Policy
I. PURPOSE
'rn purpose of the policy is to reaffirm the Brazos County
Sh iff's Office commitment to unbiased law enforcement in
alllits encounters between Deputy and any person; to
rei'force procedures that serve to ensure public confidence
an mutual trust through the provision of services in a
fai and equitable fashion; and to protect our deputies
fro unwarranted accusations of misconduct when they act
wit'in the dictates of Sheriff's Office policy and the law.
II. POLICY
It the policy of this Office to provide law enforcement
se ices in a pro-active manner and, to aggressively
inv ''tigate suspected violations of law. Deputies shall
act ',ely enforce state and federal laws in a responsible
and rofessional manner, without regard to race, ethnicity
or national origin. Deputies are strictly prohibited from
engaging in racial profiling as defined in this policy.
This policy shall be applicable to all persons, whether
dri rs, passengers or pedestrians.
Dep ies shall conduct themselves in a dignified and
res ctful manner all times when dealing with the public.
Two f the fundamental rights guaranteed by both the United
Sta s and Texas constitutions are equal protection under
the law and freedom from unreasonable searches and seizures
by government agents. The right of all persons to be
treated equally and to be free from unreasonable searches
and eizures must be respected. Racial profiling is an
unac'eptable patrol tactic and will not be condoned.
This policy shall not preclude Deputies from offering
assi tance, such as upon observing a substance leaking from
a vehicle, a flat tire, or someone who appears to be ill,
lost 'or confused. Nor does this policy prohibit stopping
some' a suspected of a crime based upon observed actions
and/'r information received about the person.
III. 1'J DEFINITIONS
Raci Profiling - A law enforcement-initiated action based
on a' individual's race, ethnicity, or national origin
VOL ~ AWE -50
rat er than on the individual's behavior or on information
ide tifying the individual as having engaged in criminal
act vity.
Ra ial profiling pertains to persons who are viewed as
sus cts or potential suspects of criminal behavior. The
to is not relevant as it pertains to witnesses,
com' ainants or other citizen contacts.
The rohibition against racial profiling does not preclude
the se of race, ethnicity or national origin as factors in
a detention decision. Race, ethnicity or national origin
may a legitimate factors in a detention decision when used
as rt of an actual description of a specific suspect for
who 'a deputy is searching. Detaining an individual and .
conducting an inquiry into that person's activities simply
because of that individual's race, ethnicity or national
or id is racial profiling. Examples of racial profiling
inc de but are not limited to the following:
1. Citing a driver who is speeding in a stream of
tra is where most other drivers are speeding because of
the ited driver's race, ethnicity or national origin.
2. Detaining the driver of a vehicle based on the
det ination that a person of that race, ethnicity or
nati nal origin is unlikely to own or possess that specific
make or model of vehicle.
3. Detaining an individual based upon the determination
that 'a person of that race, ethnicity or national origin
does ',not belong in a specific part of town or a specific
plac
A ShMriff's office can derive at two principles from the
adop ion of this definition of racial profiling:
1. Deputies may not use racial or ethnic stereotypes as
fact' s in selecting whom to stop and search, while
depu''es may us race in conjunction with other known
fact s of the suspect.
2. Deputies may not use racial or ethnic stereotypes as
fact Ors in selecting whom to stop and search. Racial
profiling is not relevant as it pertains to witnesses,
comp inants or other citizen contacts.
VOL W PAGE -5)
Racor Ethnicity - Of a particular decent, including
Cau sian, African, Hispanic, Asian, or Native American.
Pe strian Stop - An interaction between a peace officer
andl n individual who is being detained for the purpose of
a c r minal investigation in which the individual is not
under arrest.
Tra is Stop - A peace officer who stops a motor vehicle
n alleged violation of a law or ordinance regulating
foraiic.
tra IV. I'RAINING
Dep ies are responsible to adhere to all Texas commission
on w Enforcement Deputy Standards and Education (TCLEOSE)
tra ing requirements as mandated by law.
All eputies shall complete a TCLEOSE training and
edu tion program on racial profiling not later than the
sec d anniversary of the date the Deputy is licensed under
Cha er 1701 of the Texas Occupations Code or the date the
Dept y applies for an intermediate proficiency certificate,
whi ever date is earlier. A person who on September 1,
200 held a TCLEOSE intermediate proficiency certificate,
or o had held a peace Deputy license issued by TCLEOSE
for t least two years, shall complete a TCLEOSE training
and ducation program on racial profiling not later than
Sep mber 1, 2003.
V. WMPLAINT INVESTIGATION
1. The Sheriff's office will accept complaints from any
per ,-On who believes he or she has been stopped or searched
bas on racial, ethnic or national origin profiling. No
per n shall be discouraged, intimidated or coerced from
fil''g a complaint, nor discriminated against because he or
she Tiled such a complaint.
2.
pro
sha
con
Any employee who receives an allegation of racial
ling, including the Deputy who initiated the stop,
record the person's name, address and telephone
r, and forward the complaint through the appropriate
el or direct the individual(s). Any employee
cted shall provide to that person a copy of a
aint form or the Sheriff's Office process for filing a
co laint. All employees will report any allegation of
rac'I'~al profiling to their superior before the end of their
shi t .
3. Investigation of a complaint shall be conducted in a
tho ugh and timely manner. All complaints will be
ac wledged in writing to the initiator who will receive
dis sition regarding said complaint within a reasonable
perd of time. The investigation shall be reduced to
wri ''ng and any reviewer's comments or conclusions shall be
fil with the sheriff. When applicable, findings and/or
sug stions for disciplinary action, retraining, or changes
in licy shall be filed with the sheriff.
4. If a racial
profiling complaint is sustained against a
dep y, it will result in appropriate corrective and/or
dis plinary action, up to and including termination.
5. If there is a Sheriff's office video or audio
rec ding of the events upon which a complaint of racial
profiling is based, upon commencement of an investigation
by is office into the complaint and written request of
the eputy made the subject of the complaint, this office
shal promptly provide a copy of the recording to that
dep y.
VI. [[PUBLIC EDUCATION
This pffice will inform the public of its policy against
racial profiling and the complaint process. Methods that
may utilized to inform the public are the news media,
radi , service or civic presentations, the Internet, as
well, s governing board meetings. Additionally, information
will, a made available as appropriate in languages other
than nglish.
VII.I]CITATION DATA COLLECTION & REPORTING
A De ty is required to collect information relating to
traf 'c stops in which a citation is issued. On the
cita on Deputies must include:
1. the violators race or ethnicity;
2. whether a search was conducted;
3. was the search consensual; and
4. arrest for this cited violation or any other
violations.
VOL- bJF$,`iGE--5-3
5. Deputy Observed
Witness Reported
By rch of each year, the Sheriff's office shall submit a
rep t to the Brazos County Commissioner's Court that
inc des the information gathered by the citations. The
rep t will include:
1. a breakdown of citations by race or ethnicity;
2. number of citations that resulted in a search;
3. number of searches that were consensual; and
4. number of citations that resulted in custodial
arrest for this cited violation or any other
violations.
Not ater than March 1st of each year, the Sheriff's office
sha submit a report to the Brazos County Commissioner's
Cou containing this information from the preceding
cal dar year.
VII COLLECTION AND REPORTING INFORMATION GATHERED FROM
T IC AND PEDESTRIAN STOPS (effective January 2003)
9A d uty who stops a motor vehicle for an alleged violation
of a law or ordinance regulating traffic, or who stops a
ped trian for any suspected offense shall record and
rep t the following information:
1. A physical description of each person detained as
result, including:
a.) The person's gender;
b.) The person's race or ethnicity, as stated by
the person or as determined by the deputy to
the best of his/her ability.
2. The street address or approximate location of the
stop. The suspected offense or the traffic law
or ordinance alleged to have been violated.
3. Whether the deputy conducted a search as a result
of a stop and, if so, whether the person detained
consented to the search.
4. Whether probable cause to search existed and, if
so, the fact(s) supporting the existence of the
probable cause.
~7 FEE
S. Whether any contraband was discovered in the
course of the search and, if so, the type of
contraband discovered.
6. Whether the deputy made an arrest as a result of
the stop and/or search, and, if so, a statement
of the offense charged.
7. Whether the deputy issued a warning or a citation
as a result of the stop and, if so, a statement
of the offense charged.
This office shall compile and analyze the information
contained in these individual reports. Not later than
March the 1St of each year, this Office will submit a
report to Brazos County Commissioner's Court
containing the information complied from the preceding
calendar year in a manner they approve. This report
will include:
1. A comparative analysis of the information contained
in the individual reports in order to:
a.) Determine the prevalence of racial profiling
by deputies in this Office; and
b.) Examine the disposition of traffic and
pedestrian stops made by this Office's
deputies, including searches resulting from
stops.
This
a de
stop
2. Information relating to each compliant filed with
this Office alleging racial profiling.
eport will not include identifying information about
ty who makes a stop or about an individual who is
d or arrested by a deputy.
EXEMfrION TO SECTION VIII
If e' h law enforcement motor vehicle regularly used by a
depu employed by the Sheriff's Office to make traffic
stop) is equipped with video camera and transmitter
activated equipment and each law enforcement motorcycle
regu rly used to make traffic and pedestrian stop is
equi ' ed with transmitter-activated equipment; and each
traf ''c and pedestrian stop made by a deputy employed by
5
"57,
If he equipment used to record audio and/or video of
tra fic or pedestrian stops is malfunctioning or otherwise
notloperable, the Deputy making the stop must properly
record and report the information as required in Policy B
Sec'ion VIII.
Vol, . ~7 FACE ~
BRAZOS COUNTY SHERIFF'S OFFICE
ORDER: 34
DIRFRIBUTION: Patrol
SL)OJECT: In-car Video Cameras
PURPOSE
The purpose of this General Order is to provide guidelines for the use of in-car
video cameras.
POLICY
It is the policy of the Sheriffs Office that the procedures as stated within this
General Order are complied with in their entirety.
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.
. 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.
rr _
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.
5. 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.
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.
VOL 0 FA . 9___
CANCELLATION:
This order supersedes any directive or order issued prior to this effective date.
EFFECTIVE DATE:
The effective date of this General Order is February 1, 2003.
I
Video Camera Re ort
ently, the Brazos County Sheriff's Office has in-car video systems in all 22 patrol
. There are also in-car video systems in the two reserve cars used by our Reserve
De i ties when they are patrolling. Since these camera systems were installed, all traffic
an pedestrian stops capable of being recorded are recorded in compliance with Senate
Bil 111074.
d units that are not assigned to normal, daily patrol duties do not have video
s installed. However, any traffic stops made by deputies in these cars have the
Profiling form completed and submitted to the Records Division.
VOL T7
C w. pyVolk
Vii:, .
354 - ~
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CDP
Informing the Public on the Process of Filing a
omplaint with The Brazos County Sheriffs Office
(I)I1~ducational Campaign:
In accordance to Senate Bill 1704, the Brazos County Sheriff's Office has made
cant efforts to launch an educational campaign aimed at informing the public on
relevant to the complaint process. Special emphasis has been placed on informing
unity members on filing a complaint relevant to racial profiling practices.
The Brazos County Sheriff's Office appeared on television where community
Hers have been informed on efforts being made by the Sheriff's Office to continue
ng racial profiling practices among its deputies. In addition, a series of pamphlets
been made available to the community to help them understand what to do if they
deputy has engaged in racial profiling in violation of the laws of this State and the
es of this Office.
The attached pamphlet explaining the complaint process has been made available
to a public through the Sheriff's Office. The pamphlet explains what acts are
con dered Racial Profiling and what will happen upon receipt of an allegation against a
dep of racial profiling. This pamphlet is available in both English and Spanish
2
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Training
In compliance with the Texas Racial Profiling Law, the Brazos County Sheriffs
has asked that all its deputies adhere to all Texas Commission on Law
;ment Officer Standards and Education (TCLEOSE) training as mandated by law.
All officers from the Brazos County Sheriffs Office have been asked to complete
a T LEOSE training and education program on racial profiling not later than the second
ann' ersary of the date the officer is licensed under Chapter 1701 of the Texas
Oc pations Code or the date the officer applies for an intermediate proficiency
c cate, whichever date is earlier. A person who on September 1, 2001, held a
TC OSE intermediate proficiency certificate, or who had held a peace officer license
iss by TCLEOSE for at least two years, will complete a TCLEOSE training and
edu tion program on racial profiling not later than September 1, 2003.
All deputies have completed this required training.
A
VOL b7 PACT
rr
ier 1 Data
1. General Demnarnnhire of (7nntartc anil Qoarnhae
Ra
/Ethnicity*
Contacts
N %
Searches
N %
Consensual
Searches
N %
PC for
Search
N %
CaU
ian
694
66.0
63
55.3
24
66.7
39
50.0
Afri
176
16.7
25
21.9
8
22.2
17
21.8
HiS
is
172
16.4
26
22.8
4
11.1
22
28.2
Asi
s
os
o
0
0
0
0
0
Nati'
American
0
0.0
0
0
0
0
0
0
Oth
TO
T_
4
1051
0.4
100
0
114
0
100
0
36
0
100
78
4
0
100
Eunucity are aennea ny senate Bill 1074 as being of a "particular descent, including Caucasian,
Afri Hispanic, Asian, or Native American".
Some ches were performed with the subject's consent where there was also probable cause to search. In
these s, "PC for Search" was used since it is the prevailing reason. Also, some searches are incident to
arrest d are listed as "PC for Search."
Rac thnicity* Custody
Arrest
N
Cau ian 42 52.5
Afri 17 21.2
IES ic 21 26.3
Asi 0 0
Nati American 0 0
Othe 0 0
80 1 100
All dial arrests listed were the result of a stop; however, some were for warrants instead of the result
of a s ch.
r
Comparative An
T
Ra
/Ethnicity*
Resident
DPS Data
Variance
Contacts
N %
N %
N %
Ca
ian* *
866
82.4
81906 80.8
N/A +1.6
Af '
176
16.7
9818 9.7
+7.0
Ash
5
0.5
7479 7.4
-6.9
Nat
a American
0
0.0
163 0.1
-0.1
Oth
4
0.4
2026 2.01
1 -1.6
To
1051
100
101392 100
- ..V_,..VU Vy JG113AG Dlll IV 14 as oemg or a --par[lcutar crescent, including
[an, African, Hispanic, Asian, or Native American'.
In table, Hispanics have been added to the Caucasian population.
This been done in order to correspond with DPS data collection methods.
Acco ing to DPS, Hispanics are combined, in their data reports, with the Caucasian population.
1. Comm arison of Self-Initiated Sto s of Residents and DPS Resident Data
Analysis
The data presented in this report contains valuable information regarding law
ment contacts with the public between 1/1/04 and 12/31/04. Despite its value, the
a 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
e1 through the Texas Department of Public Safety (DPS), via a public information
t. The data obtained from DPS included the race and gender of drivers in Brazos
r during the 2004 calendar year. The decision to obtain DPS data was made since,
ing to experts, census data presents challenges to any effort made at establishing a
d accurate analysis. That is, census data contains information of all residents of a
lar community, regardless of the fact they may or may not be among the driving
Lion. Further, census data, when used as a benchmark of comparison, presents the
kge that it captures information related to county residents only. Thus, excluding
uals who may have come in contact with the Brazos County Sheriff's Office, but
outside the county. This has a tendency of inflating the overall figures; thus,
mg an inaccurate representation of law enforcement contacts with the public.
i)re, it is felt that DPS data relevant to county residents, if compared only to the
of individuals who reside in Brazos County and have come in contact with the
's Office during a given year, will offer a more accurate representation and
further insights than other sources including census data.
When comparing the county residents who came in contact with the Brazos
Co ty Sheriffs Office during 2004 with those who, according to DPS, were residents of
the unty during that time and held a valid driver's license, the data produced interesting
find j gs. That is, the percentage of law enforcement contacts with White drivers, when
co ared to the percentage of White county residents who held a valid drivers license,
d nstrated that the percentage of contacts with the Sheriff's Office were almost the
sam the variance was only 1.6 It must be noted that Hispanics were grouped with
Cau ians for purposes of this analysis since DPS does not collect information related to
the tlimcity of drivers. In fact, according to their own language, DPS considers
Hi cs, in their data collection process, as Caucasians.
In addition, when analyzing, in the same manner, the data relevant to individuals
of 'can descent, the percentage for law enforcement contacts were again almost
id cal to the percentage of drivers of African descent according to DPS's records; the
varice was only 7.0
The data relevant to individuals of Asian descent, the percentage for law
:ment contacts were again almost identical to the percentage of drivers of Asian
according to DPS's records; the variance was only 6.9
The data relevant to individuals of Native American descent, the percentage for
law nforcement contacts were again almost identical to the percentage of drivers of
Native American descent according to DPS's records; the variance was only 0.1 It
Id be noted that there were no law enforcement contacts with drivers of Native
rican descent and that DPS records show that people of Native American descent
make up 0.1 % of Brazos County's drivers.
The data relevant to individuals of other racial descent, the percentage for law
;ement contacts were again almost identical to the percentage of drivers of other
descent according to DPS's records; the variance was only 1.6 Tl~
Comments:
O LO A - 73
T7
Summary Statement
The findings suggest that the Brazos County Sheriffs Office does not currently
r,nce a problem regarding racial profiling practices. This is supported by the fact
complaints from community members have been received by the Sheriff's Office
ing officer misconduct associated with racial profiling practices. This is also
ted by the number of law enforcement contacts as compared to the DPS data for
in Brazos County. Also supporting this are that our percentages by race for
is have a 7.0% variance or less in each race category when compared with the base
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-
o' evaluation of the Brazos County Sheriffs Office practices. Thus, allowing for the
iti of Brazos County to benefit from professional and courteous service from their
h ff's Office.
(I)f'he following requirements must be met by all law enforcement agencies in the State
defined act of actions that constitute racial profiling
ement indicating prohibition of any peace officer employed by the Brazos County
s Office from engaging in racial profiling
ment a process by which an individual may file a complaint regarding racial
violations
public education related to the complaint process
disciplinary guidelines for officer found in violation of the Texas Racial
Law
'ollect data (Tier 1) that includes information on
Race and ethnicity of individual detained
Whether a search was conducted
If there was a search, whether it was a consent search or a probable cause search
Whether a custody arrest took place
duce an annual report on police contacts (Tier 1) and present this to local
dg body by March 1, 2004.
d dopt a policy, if video/audio equipment is installed, on standards for reviewing
id and audio documentation
'iS ax
or additional questions regarding the information presented in this report, please
Christopher C. Kirk
Brazos County Sheriff
300 East 26`h Street, Suite 105
Bryan, Texas 77803
979-361-4100
VOL 0 PAGE '77
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DONALD LAMPO
CONSTABLE
PRECINCT 2 - BRAZOS COUNTY
300 E 26TH ST STE 109-B
BRYAN TX 77803-5363
(979)361-4477
(979)361-4455 FAX
2004 Racial Profiling Data Report
17l~
Y ~
In September 101 legislation was enacted to address Racial Profiling in Texas.
Senator Royce West introduced SB1074 which:
• Defined Racial Profiling
• Outlined procedures to be followed by Police Departments
• Established reporting and training requirements
Definition: Ra ''al Profiling is a law enforcement initiated action based solely on an individual's race,
ethnicity, or na nal origin rather than on the individual's behavior or on information identifying the
individual as h ing engaged in criminal activity.
Since the ince on of SB 1074 the Brazos County Constable Pct. 2 Office has been collecting
deputy contact ata for the purpose of identifying and responding, if necessary, to concerns
regarding racia rofiling practices.
2004 Tier 1 [
Traffic-Related
Report
act Infnrmntinn 11 /11RA 1 7/Z1 /1141
Race/Bthnici *
"~"moo-t lgs~+~i~'.y~,r ~t~.:'
f ~~t`.e ~rr~
Contacts
7~: ».f - . `~..rrh"
Searches
ra~"~. ;xi- _ ,,zi ,
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s x"~.; rx ~~h d
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't~..•r a .#.v
S
„
N
%
N
%
N
%
N
%
Caucasian
275
58
37
54
18
69
19
45
African
90
19
16
23
2
7
14
33
Hispanic
106
22
15
22
6
23
9
21
Asian
1
.002
0
0
0
0
0
0
Other
1
.002
0
0
0
0
0
0
Total, : =
473
..;100**
68 t'
100** '.r
:26
,:=100**
;::42
100**• „
naceir-uuuciry a aennea ny senate trill 1 U74 as being of a "particular descent, including Caucasian, African,
Hispanic, Asian, Native American".
Figure has been rounded.
VOL_W_PAGE
Sims, County Judge
ACKNOWLEDGED:
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