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Bias-Based Policing Policy

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Policy 401 Bias-Based Policing

401.1 PURPOSE AND SCOPE

This policy provides guidance to department members that affirms the Bend Police Department's commitment to policing that is fair and objective (ORS 131.920).

Nothing in this policy prohibits the use of specified characteristics in law enforcement activities designed to strengthen the department’s relationship with its diverse communities (e.g., cultural and ethnicity awareness training, youth programs, community group outreach, partnerships).

See the Personnel Complaints Policy regarding acceptance of complaints alleging profiling and investigation of such complaints.

401.1.1 DEFINITIONS 

Definitions related to this policy include:

Bias-based  policing  -  An  inappropriate  reliance  on  characteristics  such  as  race, ethnicity, national origin, language, religion, sex, sexual orientation, gender identity or expression, economic status, homelessness, age, cultural group, disability, political affiliation or affiliation with any non-criminal group (protected characteristics) as the basis for providing differing law enforcement service or enforcement. This includes profiling as defined by ORS 131.915.  

401.2 POLICY

The Bend Police Department is committed to providing law enforcement services to the community with due regard for the racial, cultural or other differences of those served. It is the policy of this department to provide law enforcement services and to enforce the law equally, fairly, objectively and without discrimination toward any individual or group.  

401.3 BIAS-BASED POLICING PROHIBITED

Bias-based policing is strictly prohibited.

However, nothing in this policy is intended to prohibit an officer from considering protected characteristics in combination with credible, timely and distinct information connecting a person or people of a specific characteristic to a specific unlawful incident, or to specific unlawful incidents, specific criminal patterns or specific schemes. 

 401.4  MEMBER RESPONSIBILITIES

Every member of this department shall perform his/her duties in a fair and objective manner and is responsible for promptly reporting any suspected or known instances of bias-based policing to a supervisor. Members should, when reasonable to do so, intervene to prevent any biased-based actions by another member.

401.4.1 REASON FOR CONTACT

Officers contacting a person  shall  be  prepared  to  articulate  sufficient  reason  for  the contact, independent of the protected characteristics of the individual.

To the extent that written documentation would otherwise be completed (e.g., arrest report, Field Interview (FI) card), the involved officer should include those facts giving rise to the contact, as applicable.

Except for required data-collection forms or methods, nothing in this policy shall require any officer to document a contact that would not otherwise require reporting. 

401.5  SUPERVISOR RESPONSIBILITIES

Supervisors should monitor those individuals under their command for compliance with this policy and shall handle any alleged or observed violations in accordance with the Personnel Complaints Policy.

(a)  Supervisors should discuss any issues with the involved officer and his/her supervisor in a timely manner.

(a)  Supervisors should document these discussions, in the prescribed manner.

(b)  Supervisors should periodically review portable audio/video recordings, Mobile Data Terminal (MDT) data and any other available resource used to document contact between officers and the public to ensure compliance with this policy.

(a)  Supervisors should document these periodic reviews.

(b)  Recordings that capture a potential instance of bias-based policing should be appropriately retained for administrative investigation purposes.

(c)  Supervisors shall initiate investigations of any actual or alleged violations of this policy.

(d)  Supervisors should take prompt and reasonable steps to address any retaliatory action taken against any member of this department who discloses information concerning bias-based policing.

     401.6  TRAINING

    Training on fair and objective policing and review of this policy should be conducted as directed by the Support Services Division.

    401.6.1   DEPARTMENT OF PUBLIC SAFETY STANDARDS AND TRAINING

    The Training Sergeant should ensure that officers receive training implemented by the Department of Public Safety Standards and Training regarding procedures to facilitate the collection of officer- initiated traffic and pedestrian stop data (ORS 131.935).

    401.7   ADMINISTRATION

    The department will comply with all procedural requirements and reporting as specified in HB 2002-B with respect to Racial- and Bias-Based Profiling. The Confidential Executive Assistant will serve as the distribution and intake point of contact between the State of Oregon Law Enforcement Contacts and Data Review Committee and  the department to comply with section 3 of HB 2002-B. All allegations received by the department will be otherwise handled per the department policy on Personnel Complaints (Policy 1011).

    Each year, the Support Services Captain shall review the efforts of the department to prevent racial- or bias based profiling and submit an overview, including public concerns and complaints, to the Chief of Police. This report shall not contain any identifying information regarding any specific complaint, citizen or officers. It shall be reviewed by the Chief of Police to identify any changes in training or operations that should be made to improve service.

    Supervisors shall review the annual report and discuss the results with those they are assigned to supervise.

     

     

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