Racial Profiling

What is Racial Profiling?

Racial Profiling occurs when law enforcement officers, in their official capacity, considers a person's race, ethnicity, or skin color as a basis for enforcement. The 'Texas Code of Criminal Procedures Art. 3.05 Racial Profiling' defines racial profiling as:

"In this code, racial profiling means a law enforcement-initiated action based on an individual's race, ethnicity or national origin rather than on the individual's behavior or on information identifying the individual as having engaged in criminal activity."

Art. 2.131 of the Texas Criminal Code of Procedures states that "A peace officer may not engage in racial profiling."

Georgetown Police Departments' View of Racial Profiling

The mission statement of the Georgetown Police Department is "To protect and serve the community of Georgetown's quest for a peaceful and safe existence, free from fear, with democratic values applied equally to all with a commitment to excellence by providing the highest level of integrity, professionalism, and customer service to enhance the quality of life of our community."

Based on our values, the Georgetown Police Department does not condone Racial Profiling or any type of Racially Biased Policing. If you feel you have been a victim of Racial Profiling or Racially Biased Policing, contact our Professional Standards Division at (512) 930-2588.

Filing a Complaint

The following information has been disseminated to the public as part of an educational campaign aimed at informing community members of the complaint process relevant to violations of the Texas Racial Profiling Law.

Understanding the Process

Once an individual has filed a complaint regarding racial profiling, he/she should expect the following process to commence:

The Interview

A police supervisor or an investigator from the department's Professional Standards Division will interview the individual filing the complaint. The officer will ask the alleged victim questions about what happened. It is possible that the officer may be able to explain the officer(s) actions to your satisfaction.

Usually, the alleged victim will be interviewed at the Police Department's Main Building. It is possible that he/she may be videotaped during the interview.

The individual filing the complaint may bring a lawyer, family member or friend to the interview.

The interviewer will ask the individual filing a complaint for the names of witnesses and other police officers that may know facts about the complaint. A police photographer may take pictures of any injuries that the alleged victim think are related to the complaint.

The Investigation

After the interview, the Georgetown Police Department will investigate the alleged misconduct. Investigators will talk to witnesses and visit the site of the incident.

• The investigators will consist of supervisors/investigators assigned to the Professional Standards Division.
• All officers will be interviewed and witnesses whom the alleged victim has named will be contacted and interviewed, if they agree.
• The alleged victim will receive a letter regarding the progress of the investigation. Although it is impossible to estimate how long the investigation will take, the alleged victim will receive periodic reports on its status.
• A report will then be prepared.

The Review Process

Once the investigation is completed the report goes to the affected employees Bureau Commander who makes recommendations based on the findings of the investigation and input from the employee's immediate supervisor.

The investigation, findings, and recommendations will then be sent to the Professional Standards Division for review to ensure accuracy and fairness.

The Chief of Police will then receive the investigative report and findings to review and approve or disapprove the final recommendations.

The Findings

The results of your complaint are called "findings". There are four possible findings: o Sustained - The allegation is supported by sufficient evidence to justify a reasonable conclusion that the alleged misconduct occurred.

o Unfounded - It is found that the reported misconduct did not occur or did not occur as alleged. o Exonerated - The incident occurred, but was lawful and proper.

o Not Sustained - A determination that the facts presented are insufficient to clearly prove or disprove the allegations. The inquiry into this allegation is inactivated pending development pending development of further information.

The Professional Standards Division will inform the alleged victim through an official letter of the final decision.