REVISED DATE: January 14, 2019
EFFECTIVE DATE: September 1, 2003
C.F.A. STANDARDS: 2.06M
|114.001||Purpose||114.30||Handling of Complaints|
|114.20||Fair and Impartial Treatment||114.60||Community Education/Awareness|
114.001 Purpose – Biased policing undermines legitimate law enforcement efforts, alienates community members and
fosters community distrust. The purpose of this policy is to emphasize the agency’s commitment to unbiased,
equitable treatment of all persons.
114.002 Policy – Biased policing is prohibited. It is the policy of the Clearwater Police Department to treat all persons
in a fair, impartial, equitable and objective manner, in accordance with law, and without consideration of their
individual demographics as defined in this policy.
A. Biased Policing or “Bias-Based Profiling” –The inappropriate consideration of specified characteristics while enforcing the law or providing police services.
B. Specified Characteristics - Race, ethnic background, national origin, gender, gender identity, sexual orientation, religion, socioeconomic status, age, disability, political status, or any other legally protected characteristics.
C. Reasonable Suspicion - Also known as articulable suspicion. Suspicion that is more than a mere hunch but is based on a set of articulable facts and circumstances that would warrant a person of reasonable caution in believing that an infraction of the law has been committed, is about to be committed, or is in the process of being committed, by the person or persons under suspicion. This can be based on the observations of a police officer combined with his/her training and experience, and/or reliable information received from credible outside sources.
114.20 Fair and Impartial Treatment
A. All persons, irrespective of race or other distinctions, are to be treated in the same basic manner under the same or similar circumstances. This does not mean that all persons in the same or similar circumstances can or must be treated identically. Reasonable concessions and accommodations may be, and sometimes should be, made when dealing with individuals with physical or mental disabilities injury, illness, or similar conditions, or when information about them necessitates different treatment.
B. Officers will enforce the law and provide police services equally, fairly, and without discrimination toward any individual or group.
C. Agency personnel may only consider the specified characteristics when performing law enforcement duties or delivering police services when credible, timely intelligence relevant to the locality links a person or people of a specified characteristic to a specific unlawful incident, or to specific unlawful incidents, criminal patterns or schemes. In those circumstances, personnel may rely on these specified characteristics only in combination with other appropriate factors.
D. It is biased policing if an officer’s decisions and/or actions are based on the fact that the individual’s demographics are different from the demographics of the majority of the residents in the area in which the individual is found.
114.30 Handling of Complaints
A. No person shall be discouraged, intimidated, or coerced from filing a complaint, or discriminated against because they have filed such a complaint.
B. Non-supervisory personnel who are contacted by a person who wishes to make a complaint involving biasbased profiling shall notify the on-duty supervisor.
C. All complaints of bias-based profiling will be fully investigated and documented.
D. Employees who witness or become aware of instances of bias-based policing shall report the incident to a supervisor. When appropriate, employees should intervene at the time of the incident.
E. Supervisors shall ensure that all personnel in their command are familiar with this policy and will be alert and respond to indications that biased policing is occurring.
F. Complaints that cannot be resolved effectively and appropriately by a supervisor, or that are determined to be potentially serious in nature, shall be forwarded to the Office of Professional Standards for investigation.
G. Violations of this policy will result in corrective measures that may include remedial training, counseling, reprimand, or formal discipline up to and including termination.
114.40 Training – Sworn personnel will receive initial and periodic training and, where deemed necessary, remedial
training in biased policing issues to include subjects related to police ethics, cultural diversity, police-citizen
interaction, standards of conduct, implicit bias, legal aspects of biased policing, and related topics suitable for
preventing incidents of biased policing.
114.50 Administrative Review
A. The Office of Professional Standards shall review and maintain data relating specifically to complaints of biased policing.
B. On an annual basis, the Office of Professional Standards Commander, or designee, will conduct an administrative review of traffic stop, asset forfeiture, and seizure procedures related to bias-based profiling along with a summary of bias-based profiling complaints to include the findings and any corrective action taken. The review should indicate whether policy, training, equipment, or disciplinary issues should be addressed. The review will be provided to the Chief of Police.
114.60 Community Education/Awareness – The community will be made aware of the agency’s bias-based profiling
policy via the agency web site, instruction in the Citizen Police Academy, and through the “How to Make a
Complaint” brochure that is available in police department facilities.