14 de enero de 2020

Memorándum: APD responde al informe sobre el perfil racial

El jefe de la policía Brian Manley publicó tres memorandos en respuesta al informe conjunto sobre el análisis de los datos relacionados a perfiles raciales. El primer memorando fue mandado al administrador de la ciudad Spencer Cronk el 14 de enero del 2020. El segundo memorando fue mandado al comité judicial del ayuntamiento el 23 de abril, 2020. El tercer memorando fue mandado al comité judicial del ayuntamiento el 7 de mayo de 2020.

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M E M O R A N D U M Austin Police Department Office of the Chief of Police To: City Council Judicial Committee From: Brian Manley, Chief of Police Date: May 7, 2020 Subject: Follow-Up Information – Judicial Committee Meeting Presentation – February 10, 2020 The City Council Judicial Committee received a presentation on February 10, 2020, regarding the Joint Report: Analysis of APD Racial Profiling Data authored by the Office of Police Oversight, the Equity Office, and the Office of Innovation. During the presentation, questions arose regarding the reason for the traffic stops that led to the arrests covered in the report. The authors of that report submitted a memorandum to you on March 27, 2020, in response to your question; however, the information included in their response was incomplete. In discussing the role warrants played in the arrests from traffic stops, their memorandum only included those stops where there was pre-existing knowledge of a warrant for arrest. Their memorandum did not include the stops where the warrant was discovered during the post-stop investigation. The purpose of this memorandum is to provide you with more complete information so you are appropriately informed as we continue to discuss the report and next steps. The data in the table above encompasses the same 2018 data set of 11,214 traffic stops resulting in an arrest that was analyzed in the Joint Report. The data shows that 28% of arrests from traffic stops in 2018 were the result of a warrant for arrest (both pre-existing knowledge of the warrant and stops where the warrant was discovered during post-stop investigation). Reason for Arrest Total Arrests # Results Excluded from TCOLE form Violation of Penal Code 6,587 35 Middle Eastern and 15 Unknown Moving Traffic Violation (reason for stop) 4,610 28 Middle Eastern and 8 Unknown Violation of law other than traffic (reason for stop) 1,977 7 Middle Eastern and 7 Unknown Violation of Traffic Law 1,471 3 Middle Eastern and 2 Unknown Moving Traffic Violation (reason for stop) 1,291 2 Middle Eastern and 2 Unknown Violation of law other than traffic (reason for stop) 180 1 Middle Eastern Violation of City Ordinance 9 (none) Moving Traffic Violation (reason for stop) 3 Violation of law other than traffic (reason for stop) 6 Outstanding Warrant * 3,147 6 Middle Eastern and 11 Unknown Moving Traffic Violation (reason for stop) 2,289 5 Middle Eastern and 9 Unknown Pre-existing knowledge (i.e. warrant) (reason for stop) 361 2 Unknown Violation of law other than traffic (reason for stop) 497 1 Middle Eastern Grand Total 11,214 44 Middle Eastern and 28 Unknown The table below outlines the proportionality of those 3,147 warrant arrests by race: While this data alone does not allow us to determine what percentage of the overall disparities can be attributed to the lack of officer discretion across all enforcement action decisions (e.g. non-warrant arrests, citations) it also does not support the statement in the Joint Report memorandum, “Therefore, only an extremely limited part of the disproportionality of motor vehicle stops leading to arrests can be attributed to warrants for any race”. The data does show disproportionality among those stopped that were found to have a warrant for arrest. Specifically, 33% of those arrested for warrants in traffic stops were Black/African American, 44% were Hispanic, and 22% were White/Caucasian. These arrests do not represent instances where an officer’s discretion led to disproportionate outcomes. Additional analysis also shows that 59% of the arrests from traffic stops resulted from violations of the Penal Code while only 13% were arrested solely for a traffic violation. We are working to analyze those arrested during a traffic stop for violations of the Penal Code and breakdown by race and most frequent offenses charged. I will reiterate what I stated to you at the February 10, 2020 meeting of the City Council Judicial Committee: We absolutely understand and were not surprised to see that disparities exist….but to dig deeper. And when we look at the disparity that shows that, whether it be African Americans or Hispanics are arrested at a higher rate when it comes to traffic stops, that doesn’t necessarily indicate that that was a discretionary decision that the officer made. We need to dig deeper and find out how many of those arrests were based on warrants vs. how many of those were at the officer’s discretion. I am not suggesting that that is going to do away with the disparity, but that is going to put the disparity in better context. You are aware of the many steps we have already taken to address fair and impartial policing, racial equity, and cultural competence. Additionally, I am working to identify ways we can further analyze our data to better understand the reasons behind the disproportionalities in outcomes, and I stand ready to act immediately if any are caused by partiality on the part of our officers. Cc: Spencer Cronk, City Manager Rey Arellano, Assistant City Manager Farah Muscadin, Police Oversight Director M E M O R A N D U M Austin Police Department Office of the Chief TO: City Council Judicial Committee FROM: Brian Manley, Chief of Police DATE: April 23, 2020 SUBJECT: Response to the Joint Report on Racial Profiling Data In January 2020, the Office of Police Oversight, Office of Innovation, and Equity Office released a Joint Report on the Austin Police Department’s (APD) traffic stop data ranging from 2015-2018. APD subsequently issued a response to the report, dated January 14, 2020 (see attachment), which was released to the Public Safety Commission and the media. The purpose of this memorandum is to provide responses to the 14 recommendations outlined in the joint report, as requested by the members of the Judicial Committee during its meeting on February 10, 2020. The Department’s initial response, as well as the studies and reports referenced therein, provides additional context to this memorandum. Recommendation 1: Acknowledge that racial disparity exists and is worsening The Austin Police Department consistently and unequivocally acknowledges that racial disparities exist throughout aspects of our city, including police enforcement actions. Accordingly, the Department has readily taken many steps to address the disparities within APD’s purview over the past five years, as detailed in the January 14, 2020 response. Racial disparities have persisted despite these efforts, and the widening of certain gaps has raised additional concerns that demand further attention and analysis. Recommendation 2: Acknowledge that the methodology previously used omitted the context of proportionality and therefore was an incomplete analysis. This resulted in a perception that a trend of disparity did not exist. The primary purpose of APD’s annual racial profiling report is to comply with state legislative mandates that require the reporting of specific data. Proportionality assessments are not compulsory. However, recognizing the importance of such information, APD collaborated with the Center for Policing Equity to conduct a comprehensive analysis of the racial disparities manifested in the Department’s enforcement actions. The report was the first to apply the National Justice Database’s independent analytic framework to police data made available through President Obama’s Police Data Initiative, Measuring Fairness in the Austin Police Department. That report is posted alongside the Department’s racial profiling reports on the City’s website. Recommendation 3: Acknowledge that race plays a major role in who we stop, search, and for whom we use discretion favorably. The Department acknowledges that the outcomes of many police activities result in racial disparities. Additional data and analysis is necessary to determine how officer discretion, Departmental procedures, and societal factors contribute to these disproportionalities Recommendation 4: To gain community trust, proportional racial disparity in motor vehicle stops, arrests, searches, field observations, warnings, and citations should be zero. The Department is committed to reducing racial disparities to zero, particularly disparities that are the result of officer discretion. Recommendation 5: The official comprehensive analysis of racial profiling shall be conducted and released by the City of Austin Office of Police Oversight, although state-mandated reporting may continue under the purview of the Chief. The Department will continue to release its state-mandated racial profiling report on an annual basis and welcomes the Office of Police Oversight’s independent analysis and insight, in the manner the City Manager deems necessary and appropriate. Recommendation 6: In order to uphold data integrity, accuracy, and transparency, officers should verify the racial and ethnic identity with people they stop. The verified data should be documented in officer reports and be published in the Racial Profiling data sets on the City’s Open Data Portal. In accordance with departmental procedures, Officers are required to document the race and ethnicity of the individuals they stop. The City has contracted with Dr. Alex Del Carmen, an expert on racial profiling and discrimination, to regularly audit the Department’s racial profiling data to ensure accuracy in data collection and reporting. The traffic stop data, which includes race, is published in the racial profiling datasets on the City’s Open Data Portal. Recommendation 7: Analyze and report on the operational inefficiencies and costs that disproportionate racial disparities create by the second quarter of the fiscal year 2020 and provide to the City Manager and Council. Currently, the Department is not staffed or equipped to quantify and analyze this data but would readily collaborate with the City Auditor’s office or another entity, at the direction of the City Manager. Recommendation 8: Explore promising practices from Oakland and Nashville that use a scoring mechanism for disproportional behavior to identify at-risk officers and assign appropriate interventions and use in the determination of promotions. The Department agrees the City should invest in sophisticated oversight tools that are more adept at identifying, flagging, and tracking at-risk officers in order to facilitate timely and effective interventions. Recommendation 9: Include implicit bias testing in the Austin Police Department hiring process. Based on the best available evidence from subject-matter experts on bias, the Department operates with the understanding that every applicant will have implicit biases. Therefore, the Department administers training to ensure all employees are aware of their biases, promulgates explicit policies to set clear expectations that bias-based actions are intolerable, and utilizes oversight mechanisms to identify inappropriate behavior. Recommendation 10: For current employees, require implicit bias testing and flag high-scoring officers for appropriate intervention. As stated above, the Department has mechanisms in place to identify and rectify inappropriate behavior. Additionally, the Department is open to exploring proven, evidence-based testing methods that are capable of effectively supplementing current training, policies, procedures, and audits. Recommendation 11: Identify and implement bias-countering policies, practices, methods, processes, and standard operating procedures to mitigate bias. The Department recommends the City contract with a suitable academic institution to conduct an independent, comprehensive, and evidence-informed assessment of the Department’s enforcement practices, cultural norms and customs, training, accountability procedures, and any resulting racial disparities. A similar partnership between the City of Oakland and Stanford University yielded promising results and provided a roadmap for creating community-based strategies aimed at addressing the unique historical and cultural challenges of a particular city: Data for Change & Strategies for Change. Recommendations 12: Include the comprehensive Racial History of Policing curriculum in the cadet training academy and adapt it into required training for existing officers, at all ranks, annually. The Department intends to incorporate the Racial History of Policing training in future cadet classes and is determining the best approach and frequency for administering the training to existing officers. Recommendation 13: Follow the guidelines for racial equity training established by the Equity Office. The Equity Office and Office of Police Oversight shall be consulted for final selection of official racial equity training for officers at all ranks. The Department is committed to following the established guidelines for racial equity training and welcomes input from the Equity Office and Office of Police Oversight. Recommendation 14: Develop a method to provide racial equity training on an ongoing basis (a minimum of 40 hours per year) for all staff, sworn and civilian, in the department, annually, during every year of service. The Department is eager to provide additional racial equity training for all employees in an effective, feasible, and sustainable manner. The Department will consider this recommendation as part of the FY21 budget process. cc: Spencer Cronk, City Manager Rey Arellano, Assistant City Manager Farah Muscadin, Office of Police Oversight Brion Oaks, Equity Office Kerry O’Connor, Office of Innovation Attachment: APD Response to Joint Report M E M O R A N D U M Austin Police Department Office of the Chief TO: Spencer Cronk, City Manager CC: Rey Arellano, Assistant City Manager FROM: Brian Manley, Chief of Police DATE: January 14, 2020 SUBJECT: APD’s Response to the Joint Report on Racial Profiling Data The collective voice of the Office of Police Oversight, Office of Innovation, and Equity Office is a welcome addition to the ongoing conversation focused on redressing racial inequities in Austin. Their joint report on the Austin Police Department’s traffic stop data represents another brick in the path toward inclusive diversity and equality for the citizens of this city, and it has given our Department a valuable opportunity to view the issue from an alternative perspective. Strong inter-agency partnerships and collaboration are essential prerequisites for ameliorating the inequalities that have beset our city since it was established. The Austin Police Department has consistently and unequivocally acknowledged that racial disparities are prevalent throughout many aspects of our city, including police enforcement actions. Accordingly, the Department has readily taken the following steps to address the disparities within our purview over the past five years: ▪ Collaborated with the Center for Policing Equity to conduct a comprehensive analysis of the racial disparities manifested in the Department’s enforcement actions. The report was the first to apply the National Justice Database’s independent analytic framework to police data made available through President Obama’s Police Data Initiative: Measuring Fairness in the Austin Police Department ▪ Embraced transparency by publishing enforcement data in the City’s open data portal: All Data & Curated Datasets ▪ Published annual racial profiling and use of force reports: Racial Profiling & Response to Resistance ▪ Instituted implicit bias training for all sworn personnel and new recruits ▪ Implemented more robust accountability mechanisms and worked with the Office of the City Auditor to improve the effectiveness of those nascent processes: Body-Worn Camera Audit ▪ Contracted with Dr. Alex Del Carmen, an expert on racial profiling and discrimination, to regularly audit the Department’s racial profiling data to ensure accuracy in collection and reporting ▪ Hired a Development and Training Manager with a doctorate in psychology and expertise in cross-cultural perspectives to develop and execute curriculum review strategies and assess teaching and learning methodology at the Training Academy: Statesman Editorial ▪ Partnered with community stakeholders and justice advocates to enact critical policy changes pertaining to use of force and de-escalation, traffic enforcement, and interactions with foreign nationals: APD General Orders ▪ Reduced discretionary arrests for citation-eligible offenses from 1,557 in 2017 to 252 through the first three quarters of 2019. Arrests of Black individuals dropped from 477 to 70 during that time period. The Department also holds a monthly working group with community members to explore additional strategies for addressing disparities in enforcement actions. The results are published quarterly on the City’s website: Freedom City Reports ▪ Streamlined the process to gather feedback from the community about interactions with our officers, both positive and negative: Office of Police Oversight ▪ Focused on increasing diversity and advancing community policing and engagement through recruiting, cadet training, continuing education, and retention practices: Matrix Report ▪ Worked with the City’s Equity Office to develop a forthcoming Equity Assessment Tool to evaluate the impact of existing City/Department policies on racial equity, with the goal of utilizing the tool to implement new policies, practices, and programs to help identify and address the inequities that impact the quality of life for low-income communities, which are disproportionately communities of color: Equity Assessment Tool (Pilot) Despite all of these efforts, disparities have persisted. The Department is eager to achieve more substantive progress and believes the Department, City leaders, and community can work together to reach this goal through the following actions: ▪ Move beyond the reliance on Census population data as the sole benchmark for analyzing racial disparities in police enforcement actions. Policy makers, the public, and members of the media have increasingly adopted this expedient comparison point because it is simple, fast, and easy to understand. However, due to the confluence of complex factors that contribute to disparate outcomes, researchers and scholars have widely dismissed the utilization of population data, by itself, as an effective basis for making incisive and meaningful interpretations of racial profiling data1. Failure to adequately address the complexities of the issue can mislead the public and policy makers about the various causes of the disparities and result in the adoption of ineffective or inappropriate 1 Sample works (with additional references cited within each respective source): Methods for Assessing Racially Biased Policing (Ridgeway and MacDonald); Toward a Better Benchmark (Alpert, Smith, and Dunham); Data for Change (Hetey, Monin, Maitreyi, and Eberhardt); Testing for Racial Profiling in Traffic Stops From Behind a Veil of Darkness (Grogger and Ridgeway) corrective measures. This is especially vital for a city with a history of systematically segregating its citizens of color, stifling their economic mobility, and neglecting to protect them from the onslaught of urban renewal and gentrification: Mayor’s Task Force on Institutional Racism and Systemic Inequities ▪ Contract with a suitable academic institution to conduct an independent, comprehensive, and evidence-informed assessment of the Department’s enforcement practices, cultural norms and customs, training, accountability procedures, and any resulting racial disparities. A similar partnership between the City of Oakland and Stanford University yielded promising results and provided a roadmap for creating community-based strategies aimed at addressing the unique historical and cultural challenges of a particular city: Data for Change & Strategies for Change ▪ As recommended in the Joint Report, invest in sophisticated oversight tools that are more adept at identifying, flagging, and tracking at-risk officers in order to facilitate timely and effective interventions: Risk Management Systems Brian Manley Chief of Police
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