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HomeMy WebLinkAbout10-01-2012 Ad Hoc Diversity Committeer =h.pIr CITY OF IOWA CITY goal MEMORANDUM Date: September 28, 2012 To: Ad Hoc Diversity Committee Members From: Marian K. Karr, City Clerk Re: Committee Packet for meeting on October 1, 2012 The following documents are for your review and comment at the next Committee meeting: Agenda for 10/01/12 (page 1) Minutes of the meeting on 09/24/12 (page 2 -8) Materials re Police Department: 6 Email from City Manager (page 9) • Five Year Arrest Summary (page 10) • 2002 Police Traffic Stop Data Study (page 11 -55) Census Data from Community Development Department • Race /Ethnicity (page 56) • Hispanic Population (page 57) Material from Committee Member Roberts • Press Citizen article "City Bus Route Changes: It's a win -win" (page 58) Proposed list of recommendations (page 59) THE PUBLIC IS INVITED TO ATTEND ALL MEETINGS AD HOC DIVERSITY COMMITTEE MEETING AGENDA Monday, October 1, 2012 Helling Conference Room in City Hall 410 East Washington Street 4:00 PM 1. Approve September 24 minutes 2. Wrap up of Police discussion by Board 3. Transportation discussion among Board Members • Identify issues and questions for presentation at next meeting 4. General Board discussion 5. Tentative Meeting Schedule • October 8 — Transportation Dir. presentation • October 15 • October 22 • October 29 6. Public Input 7. Adjournment r/ Ad Hoc Diversity Committee, September 24, 2012 MINUTES DRAFT CITY COUNCIL AD HOC DIVERSITY COMMITTEE SEPTEMBER 24, 2012 HARVAT HALL /CITY HALL, 4:00 P.M. Members Present: Bakhit Bakhit, Cindy Roberts, Joe Dan Coulter, Orville Townsend, Sr., Kingsley Botchway II (4:15), Joan Vanden Berg, LaTasha Massey Staff Present: Eleanor Dilkes, Marian Karr, Tom Markus, Sam Hargadine, Rick Wyss, Jim Steffen Others Present: Charlie Eastham WELCOME AND INTRODUCTIONS: Karr noted that Chairperson Botchway would be late to the meeting this evening and that Roberts should go ahead and begin the meeting. She then introduced the new Committee Member, LaTasha Massey, who will be filling Donna Henry's unexpired term. Roberts then asked that everyone present introduce themselves, and also welcomed Massey to the Committee. APPROVAL OF MEETING MINUTES: Coulter moved to approve the minutes of the 9/17/12 meeting minutes as submitted; seconded by Townsend. Motion carried 6 -0; Botchway absent. PRESENTATION BY POLICE CHIEF: Roberts welcomed the Police Chief and his staff back for a continuation of their presentation and interaction with the Committee. Hargadine started off by saying he would like to answer some of the questions posed last week. One question raised was whether or not there had been a meeting between the Police Department and minority taxi cab drivers. Hargadine stated that no such meeting has taken place. Another question centered around what type of mechanism is in place for citizens to provide input to the Police Department. Hargadine responded that the Department receives input and comments from the public in several ways — email, phone, web page — and that the Department is very open about communicating with the public. A third question that Hargadine responded to asked if the Police Department ever holds public meetings or forums, to which he gave several examples of the Department's involvement to invitations offered. Roberts then asked the Chief if the Department's complaint form and process are reviewed as part of their accreditation process or if it is reviewed separately. Hargadine responded that it would be the policy governing the whole complaint process that would be reviewed. Coulter asked what other data is reviewed during the accreditation process, specifically statistical demographic data. Hargadine stated that their recruiting is scrutinized by doing a racial and male /female breakdown which is then compared to the Iowa City workforce. The review process really looks at whether the Department is doing what they say they are doing. Massey asked how often the accreditation is done and whether any upcoming public hearings in the future could be at a better time, to hopefully allow public participation. Chief Hargadine responded that the review process r(�- r Ad Hoe Diversity Committee, September 24, 2012 is on a three -year cycle and that this is typically always done in late December, when unfortunately the weather can be questionable. He added that they advertise at least a month in advance about these public hearings but that other things seem to hold more interest for people. Members asked if this accreditation process could take place at a different time of the year. The response was that the CALEA organization has always set the time, but that the Department could ask for a change. Hargadine then shared a handout with Members which showed a list of the various community outreach programs they are involved with. He then noted that Coulter had asked several times at the last meeting for data. He invited Coulter to come to his office where they could sit down and look at the Excel spreadsheet together and decide just what data Coulter is looking for. Coulter responded that he was under the impression that the Department would already have some type of reporting done at least annually where certain data would be made available to the Council, for example. Coulter continued, stating that the way the Department is collecting data is not how the federal government does it. He shared a handout with Members, further clarifying how this demographic data is to be collected per federal requirements. The issue of requesting race and ethnicity was discussed, with Coulter stating that he does not understand how the City cannot be conforming to state and federal requirements for this type of data. Dilkes responded that the Census information in the Committee's packet came from the Community Development Department, not the Police Department. She suggested that the Committee pose these types of questions to that department instead. Hargadine responded further to Coulter's questions and concerns about not collecting race and ethnicity data on their forms. Karr clarified that now that staff knows what data the Members are looking for, Community Development staff can supply by the next meeting. The discussion continued, with Bakhit asking the Chief to clarify what 'total stops' refers to (handout distributed 9/17 by Police). Steffen explained that whenever an officer with the ICPD initiates a traffic stop, they are required to fill out a form, including race and ethnicity, registration, address, and the sex of the individual, as well as the reason for the stop itself. In 2011, Steffen noted that there were 13,177 traffic stops made by the ICPD. Call -based traffic stops, where someone would call in to report a speeding car in their neighborhood, for example, are not part of this stop information. A question was raised about multi - racial individuals, and Chief Hargadine stated that it would be up to the officer's judgment on this. Townsend asked if there is a mechanism that would show if a particular officer was making more stops of a certain race. Hargadine stated that there is a monthly report prepared for both traffic and arrests, and that, as he stated previously, the on -dash camera videos are also reviewed to help eliminate this type of bias. Steffen then spoke about the Department's 'early warning system.' He added that there are a number of things that are monitored regarding officer behavior, things that if left unchecked over time could become a problem. Performance evaluations and activity reports are reviewed regularly to look for increases or decreases in particular areas, such as citizen complaints, absenteeism, and even excessive force instances. Massey asked for further clarification on this, specifically how a situation would be handled if indeed an officer was found to have race and ethnicity issues. The Chief addressed this question, giving the Members an example of an actual incident in town involving a car stopped numerous times and the officer knew the driver was not the owner and the license suspended. He explained how he was able to delve into this issue, only to discover that it was the car's owner who was in fact in the wrong. Massey followed up this question with another one, asking how the Chief would handle such a -3- Ad Hoc Diversity Committee, September 24, 2012 situation if indeed the officer was using racial profiling. Besides an investigation of the incident, she asked if there is a system set up for training or some type of education for the officer. Hargadine stated that to date they have not had a founded complaint of racial profiling. He added that the ICPD does have a policy prohibiting this. There is also continuing legal education for officers on this topic, letting them know what they could expect if found guilty of this. The topic of race and ethnicity reporting was brought up by both Roberts and Coulter, with Coulter further clarifying why he believes this is important to do in the same manner across the board. Roberts stated that due to there not being consistent race and ethnicity reporting, she believes they don't really have a good mechanism for determining whether racial profiling is actually occurring or not. Hargadine reiterated that, again, this is a very subjective thing for the officer to determine. Botchway asked about the Department's database, if when a stop is made and a person's name is put in the system, if it doesn't already note their race and ethnicity. Hargadine responded that he knows there is on a warrant, but that he is unsure on traffic stops. Botchway added that if this were already available it would eliminate that subjectivity on the officer's part. Botchway then brought the discussion around to the survey done on the ICPD and whether the CALEA review brought any further insight into the results. Hargadine and his staff responded to this, with Wyss stating that somewhere on there it stated that due to the low return rate the results were probably not valid. He also offered to get a copy of this survey for the Members, if they would like to see what is asked. Every 100th call for service receives this survey, according to Wyss. The discussion then turned to the requirements for continuing education that each officer must meet. Hargadine noted that many of these requirements, such as CPR, are mandated yearly for the ICPD. There is also a continuing ed class on legal issues, such as race -based stops, according to Hargadine, that must be met. Townsend brought up the issue of the individual who complained about constantly being stopped, due to expired registration, and how perhaps this is a financial situation. He suggested that officers talk to people in such situations to see what is happening in their life and that perhaps the person could be given a deadline in which to complete the registration, instead of stopping them daily over the same issue. Hargadine responded that this is a good point. Steffen asked how this could be verified, that officers don't know the people they stop well enough to know if it is true or not. Townsend noted that the long -term benefit of having this attitude would go a long way toward better relationships between police and the community. Hargadine attempted to clarify the totality of such a situation and how officers typically would react. Townsend followed up by saying the point he is attempting to make is community involvement between the police and the citizens, and how this can be improved. Steffen noted that each officer has their own idea of discretion. He added that some officers may feel that if they stop you, they will ticket you, whereas others may not feel that way. He added that they cannot dictate what each officer does at a stop, but that being consistent is the key. Wyss stated that they do encourage officers to use discretion, and that quite a few warnings are given to citizens when warranted. Botchway then asked about the PCRB and how the Police feel about its effectiveness. He added that at the last public forum there was a lot of discussion about the PCRB not having much 'power.' The Chief explained how the investigative process gets started, Ad Hoc Diversity Committee, September 24, 2012 with both Steffen and Wyss addressing the mediation issue as it relates to the Police Union. As for the power that PCRB has, or lack of, Hargadine stated that the PCRB is a board compiled by the City Council that reports directly to the City Council. The Chief stated that he believes that this does give the PCRB power, that the ICPD would not want an unfavorable report given to the Council. In other words, the Department works to accommodate any requests the PCRB may have and works with them to investigate complaints. Townsend noted that public opinion shows a lack of trust in this arrangement, and he asked if there isn't a way to increase the public trust. Hargadine responded to these comments, stating that the ICPD does police themselves and that it is his job as Chief to make sure this is done. He further clarified the investigative process, noting the role of the PCRB. Townsend stated that perception is still at play here that the public believes things are being done that should not be done. He would like to see this perception changed. The conversation continued on the topic of perceptions versus facts, and how this gap could be filled. Botchway stated that the public tends to have more trust in the PCRB than they do the Department. Hargadine attempted to further explain how the PCRB receives complaints, and how the Department handles internal complaints. Internal complaints are summarized for PCRB informational purposes. No internal complaints go to the PCRB unless filed by the complainant separately. Townsend stated that although he himself would back the ICPD, he feels he needs to know what process is in place to handle complaints or large events — something that he could share with the community to prove the ICPD is doing what it should be doing in handling such situations. Attorney Dilkes added that the PCRB does have the ability to do further investigating of a situation, beyond what the ICPD has done. Roberts asked for an example of something that could be changed that would actually improve the PCRB's process. Botchway gave some examples, noting ways to educate the public on the complaint process. Karr added that another suggestion mentioned was when ICPD is doing the investigative interview with the complainant that a member of the PCRB be present. This would allow the PCRB to substantiate that the ICPD is following through. Hargadine gave several examples of how during his investigations the PCRB does request things like videos and numbers of participants, so they can follow up on the ICPD's investigation. Coulter then reiterated what the process involves — that the PCRB receives quarterly reports from the ICPD on all complaints and how they have been resolved. The PCRB has subpoena power if they should decide to further pursue one of these complaints, but Dilkes added that they have not used this power to date. Karr shared that at the last public forum of the PCRB, statistics showed that since 1997, there have been 80 complaints filed. Of the 177 allegations, only six were sustained. Dilkes reminded the Committee of the memo received in their first information packet regarding some of the legal obstacles that come into play when talking about changing the structure of the PCRB. She briefly reviewed the issue and what it would take to do this. Dilkes suggested the group continue to discuss whether or not they think the current system is broken; and if they believe it is, she would be happy to discuss with them what can and cannot be implemented. Chief Hargadine noted that PCRB meetings are open to the public, except when they convene to Executive Session to discuss specifics of a complaint. He asked if this is one of the things the public does not like. Townsend responded that what he is hearing is that by the time the complaint information gets to the PCRB, the Police Department has already done the investigation. He stated that he is asking for more involvement in —5— Ad Hoc Diversity Committee, September 24, 2012 the investigation, done by the ICPD, by someone outside of the Department. The Chief explained that all of these investigations are videotaped, and that the PCRB can see them at any time. Dilkes added that the current ordinance provides for a complainant to be accompanied to the investigative interview. Coulter stated that in light of the conversation centering on the PCRB and perceptions there, he wonders where their focus needs to be in this process. He added that he is not hearing concrete information that could be parlayed into recommendations from this Committee, and questions what is it exactly that is 'not working' in the system. Botchway interjected, stating that he sees from the information reviewed that there is a great distrust of the ICPD. He added that it appears the public needs to be educated on what the PCRB can do. As for the PCRB, the issue becomes what they are willing to do when investigating a complaint. Roberts followed up by asking if this is a communication issue. The Chief stated that the best way to explain the entire process would be for the Members to see an investigation, beginning to end. Vanden Berg asked what their exact charge is, adding that it appears the Committee wants to change perception, yet the ICPD works on facts. She stated that they could go around and around for a long time and not get anywhere, until they know what it is they are attempting to do. Massey then addressed the group, stating that educating the public on the entire process of how they can register a complaint needs to be done, as she herself does not even know how to start such a process. She suggested that being able to go to a place such as the substation in the Broadway neighborhood to file a complaint might be a good way to educate the public on the process. Coulter spoke next, stating that this Committee needs to make a list of the things they believe need to be done. Coulter made a motion that public education about the PCRB process be developed, and that this be part of the list that he expects this Committee will develop. BOARD DISCUSSION: After the Chief and his officers left the meeting, the conversation turned to Coulter's motion to develop a public education piece. Townsend asked if a motion was truly necessary, and receiving no second, the motion died. Karr stated that she will start a list for the Members, adding this public education component to it. Botchway stated that they should probably share their thoughts on all that they have read and heard the last two meetings, perhaps doing this at the beginning of the next meeting. They could then move on to preparing for the Transportation presentation. Vanden Berg stated that she believes they are at somewhat of an impasse that the ICPD doesn't seem to see anything they need to work on. Townsend asked that they all look at this from the ICPD's point of view for a minute. He reminded Members that their job is to make recommendations to the City Council. Coulter stated that another item on the list, in his opinion, is the data that he originally requested. Botchway noted that the Chief said this information is available, but that it would need to be compiled. Dilkes suggested this group decide exactly what data they want to see, and what form they want to see this data presented in. Dilkes asked for clarification on the information being requested — race, ethnicity, etc. — and Coulter attempted to state what he is requesting. He added that he would like to also see what CALEA requires, and the state and federal entities, as well. Members continued to share their thoughts on the ICPD's presentation, giving their opinions on information they have heard thus far and what they hope to hear in other presentations. Ad Hoc Diversity Committee, September 24, 2012 Coulter again stated that he needs to see real data — that until then it is difficult to move forward on these issues. Vanden Berg stated that she believes this needs to be a collaborative effort and others agreed. Roberts shared with Members some history of past programs used for community outreach and which ones seemed to work well. Coulter stated that he feels the Committee is making progress and he thanked the others for their input during this difficult process. Chairperson Botchway asked that Members give some thought to questions for the next presentation — Transportation. He stated that he would like to do this in a more structured manner this time around. Townsend asked what transportation issues there are, other than the complaints about the bus stop area by Old Capitol Mall. He asked if they could have a list of transportation issues to prepare for the next meeting. Karr added that in addition to what's already been received, she will check to see if anything new has arisen. Townsend threw out the suggestion that they invite the City Manager to a meeting and get his take on this issue. City Manager Markus stated he attends all meeting and is available as needed. TENTATIVE MEETING SCHEDULE: Roberts stated that she may be late to the next meeting due to travel, but hopes to still make the meeting. Members agreed to retain the 4:00 PM start time for the meeting Monday, October 1, 20121. WJl01[6lI,I7i I�Fj Markus stated that he thought it was unfortunate that the ICPD left the meeting when they did, missing the discussion by the Committee. He added that he believes the Committee should be candid with the ICPD when they are present, that they need to hear what Members are saying. He stated that staff will definitely obtain the data that Members have requested. ADJOURNMENT: Coulter moved to adjourn the meeting at 6:30 P.M.; seconded by Bakhit. Motion carried 7 -0. 7 Ad Hoc Diversity Committee, September 24, 2012 Ad Hoc Diversity Committee ATTENDANCE RECORD 2012 Key., X = Present O = Absent O/E = Absent/Excused -- = Not a Member I TERM o 0 0 0 - NAME EXP. N CD (0 N o (0 O V p 0000 Donna 03/10/13 O/ X -- Henry E Cindy 03/10/13 X X X X Roberts Joan 03/10/13 X —X X X Vanden Berg Bakhit 03/10/13 X X X X Bakhit Kingsley 03/10/13 X X X X Botchway Orville 0340113 X X X X Townsend Joe Dan 03/10/13 X X X X Coulter LaTasha X Massey Key., X = Present O = Absent O/E = Absent/Excused -- = Not a Member I Marian Karr From: Tom Markus Sent: Tuesday, September 25, 2012 12:35 PM To: Sam Hargadine Cc: Marian Karr; Eleanor M. Dikes; Geoff Fruin Subject: Follow -up to Diversity Committee Meeting Sam: Based on the conversations from the meeting last night I would ask that you provide the following information to Marian for distribution to the Committee in time for next week's meeting packet distribution. 1. State or Federal summary forms /reports that report and include statistical /demographic summaries of arrest and traffic stop data that you are required to file. This is data that you regularly file not something specifically created in response to the activities of this committee. 2. If there are none of the above reports then provide a memo to the committee that summarizes the data that you do collect so that the committee can determine what summary and format of the information they want the information in. In other words you need to deliver them a product so that they can tell you yes that is what we are looking for or no we want the material in another format. 3. With respect the your handout of 9 -17 -12 summarizing your traffic stop data you need to explain the presumed disparity between Black /African American stops relative to the ratio of the makeup of the city at large. 4. 1 have asked Marian to copy the consultant review of ICPD traffic stop data from 2002 est. You need to prepare a review of this report and the conclusions from that report and what the ICPD has undertaken since that report regarding ongoing reporting and what those traffic stop stats look like compared to the ratio of the makeup of the city at large. Marian: Please place a copy of this email and Sam's response with his reports in the next packet. 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A 'o N O N V 3 d � d (p m m 11 P L7 rP a A O co N 0 v 2 C 3 a 0 0 D i N .Nr II � O D N is 5 C O, m ii N a• W N 0, N (D N � N N z O C ' � 2 = N � 7 n � u N N N 0 V O 0 d N r S a I 0 a d � C P 7 I I D ° c II �. A 'o N O N V 3 d � d (p m m 11 P L7 rP a A O co N 0 v 2 C 3 a 0 0 D i N .Nr II z O C ' 3 2 2 F go A N m W N N A O 0 E N r A 0 C D (p C r 7 ° 11 D I I C A � N N N � - 1 3 m d (p N (p II r m a A N V V N V J N � O � hd H y V y 41 p� ry � O D N w 3 d N N ° T. II W N 0, N Ill N � N N d N N !n z O C ' 3 2 2 F go A N m W N N A O 0 E N r A 0 C D (p C r 7 ° 11 D I I C A � N N N � - 1 3 m d (p N (p II r m a A N V V N V J N � O � hd H y V y 41 p� ry s i IOWA CITY POLICE DEPARTMENT 410 EAST WASHINGTON STREET, IOWA CITY, IA 52240 (319) 356 -5275 1 FAX # (319) 356 -5449 "An Accredited Police Department" Date: August 7, 2002 To: City Council From: RJ Winkelhake Ref: Police Traffic Stop Data Study rte.._. . The University of Louisville will present the results of the study of the Traffic stop Practices of the Iowa City Police Department at the work session of the City Council on the 191" of August 2002. A copy of the report is in the Council packet. Research Team Terry D. Edwards, J.D. Elizabeth L. Grossi, Ph.D. Gennaro F. Vito, Ph.D. Angela D. West, Ph.D. University of Louisville Department of Justice Administration Brigman Hall, 2 "d Floor. Louisville, KY 40292 (502) 852 -6567 June 13, 2002 Department: *This report is confidential and is intended for the Iowa City Police Department to use as it deems necessary. It is not to be distributed, quoted, or cited without the express written consent of the authors, of Chief R.J. Winkethake, or others that the ICPD may designate. --102 Executive Summary This report summarizes the findings of a study conducted using data collected by the Iowa City Police Department between April 1, 2001 and December 31, 2001. These data resulted from 9,702 interactions between law enforcement officers and citizens during traffic-related contacts. Information was collected about the driver, the officer, and the stop event. Driver demographics included race, sex, age, residency, and vehicle registration. The only information collected about the officer was officer badge number. Finally, data collected about the stop event include the date, time of day, "reason for stop," "search," "property seized," "force," and "outcome of the stop." Data analysis was conducted with the aid of SPSS -11.0 (Statistical Package for the Social Sciences). Analyses were conducted on two levels. First, descriptive analysis, using percentages, summarized stop patterns, stop characteristics, and driver demographics. This information is useful only to describe the existing state of affairs ("what is'), but not to explain them ("why ") or to formulate predictions about future events ("what if"). To address the complex relationships that exist among different variables, a program called "chi- square automatic interaction detector" or CHAID was used to evaluate the variables in terms of their relatiopships with one another (multivariate analysis). The greatest percentage of stops was made in the month of April (15 %), with the fewest in June (9 0/6). Interestingly, 41% of stops occurred between midnight and 3am, with the third shift (I 1pm -lam) responsible for the greatest percentage (54 %). Stopped drivers were mostly White (84 1/6), male (65 9/o), young (median age of 23), Iowa City residents (62 %), with Iowa vehicle registrations (86.5 %). Drivers were mainly stopped for moving violations (69 1/o), were not searched (95 %), and were released with a warning (58 %). The descriptive analysis indicated some slight percentage differences among the races in certain events (e.g., stopped for equipment/registration violations). These percentage differences, however, cannot be used to infer correlation or causation ("racial profiling "), To make these types of inferences, multivariate analyses using CHAID were conducted. CHAID segments the sample of traffic stops and reveals the interrelationship between the potential predictors and the events involved in the stop. The CHAID procedure generates a "decision tree" that identifies significant predictors of each decision in question. In effect, the procedure "cross- references" each event with each potential predictor. Results from CRAM analyses resulted in only three events (moving violation, being warned, being cited) with significant predictors. Being stopped for a moving violation was significantly related to the age of the driver; the youngest and oldest drivers were most likely to be stopped for this reason. Warned drivers were those least likely to have been searched, and cited drivers were those least likely to have been stopped for an equipment/registration violation. Race of the driver never appeared as an independent predictor of any event. These data provide no empirical evidence that the ICPD is systematically engaging in discriminatory stop practices. Stops conducted by the Iowa City Police Department, as a whole, during the study period, do not involve the race of the driver as a significant factor related to events and outcomes. This does not mean, however, that no individual citizen ever experienced discrimination. It is always possible that individual officers may engage in racially biased practices, both in determining which drivers they will or will not stop and in determining what steps to take after the initial contact. To detect discriminatory practices at this level, however, requires constant vigilance by the community, by all the officers within the department, and by the departmental administration. Statistical analysis, while valuable, cannot substitute for community involvement and effective management. The full report notes some minor problems with the data entry process, provides a discussion of the "baseline dilemma," makes recommendations for continued study to obtain a full year of "clean" data, and suggests modifications of the data collection instrument to include more variables (e.g., warrant check information). Table Of Contents Introduction........................................................................ ..............................1,3 Methods ....................................................................................... ..............................3 -7 DataCollection ................................................................ ..............................3 Variables............................................................................. ..............................4 Collection and Measurement Concerns ............................... ..............................5 Analysesand Results ........................................................... ..............................6 Descriptive Analyses and Results .............................................. ..............................7 —16 Driver Demographics .................................... ..............................7 StopEvent .................................................. .............................10 Summary of Descriptive Analyses .................................... .............................16 CHAIDAnalyses and Results ...................................................... .............................16-23 CHAIDResults. ............................................................................................ 20 Reasonfor Stop .................................... .............................20 Outcome............................................ .............................22 Summary of CHAID Analyses .............................................. .............................23 The"Baseline" Dilemma ................................................................ .............................23 Legal Issues Relating to B1as\Racial Profiling Data Collection and Analysis ........ 26 - 29 Overview.................................................... .............................26 CivilLiability ............................................... .............................26 Disclosure of Information / Records ...................... .............................28 Conclusion................................................... .............................29 Conclusion and Recommendations . ............................... .30-33 Bibliography......................................................... .............................34 Appendices.......................................................... .............................35 Appendix A: Iowa City Police Department Policy on Racial Profiling Appendix B: Iowa City Police Contact Sheet , �—/Z Introduction Racial Profiling Accusations of discriminatory traffic stop practices ( "racial profilino have emerged as a critical issue facing law enforcement. According to a 1999 Gallup poll and research conducted by the American Institute of Public Opinion (2000), many believe that racial profiling is widespread and disapprove of the practice of stopping motorists simply because the driver fits a particular profile (Newport, 1999). In response to this growing concern regarding traffic stops and a more general distrust of law enforcement personnel, many police departments across the U.S. have begun to more closely examine their traffic stop policies and procedures. Further, some police departments have begun collecting traffic stop data. The collection of traffic stop data initially may appear to be a rather straightforward process. In reality, however, the collection and analysis of traffic stop data is far from simplistic. A number of concerns must be addressed by any agency contemplating such an endeavor. These concerns range from defining the issues, developing data collection instruments and procedures, training personnel to collect data, and determining the most appropriate means to analyze the data. Defining Racial Profiling The precise definition of racial profiling is a matter of debate. While no universal definition exists, racial profiling is generally regarded as any act by law enforcement, whether it involves motorists or pedestrians, based solely on the race of the alleged violator (FAmirez, McDevitt & Farrell, 2000). In expanding on this broad definition, the U.S. Department of Justice considers racial profiling to be "any police action that relies upon the race, ethnicity or national origin of an individual rather than behavior of that individual that leads the police to a particular individual who has been engaged in or having been engaged in criminal activity" (Ramirez, —/�- � McDevitt & Farrell, 2000). Accordingly, police may use race and ethnicity to determine if an individual matches a suspect description but police may not use stereotypes when deciding who to stop, to search, or make subject to other stop — related actions. Further, as Withrow (2002) notes, profiling by police can be further defined based on specific factors used in profiling. MacDonald (2000) suggests that profiling can be considered hard or soft. Hard profiling occurs when race is the one and only factor used in police decisions to stop a particular motorist. Soft profiling occurs when race is one of several factors the police use in determining whom they stop. For this report, the Iowa City Police Department defines racial profiling as "the detention, interdiction, exercise of discretion or use of authority against any person on the basis of their racial or ethnic status or characteristics" (Racial Profiling, General Order 01 -01). A copy of this policy is contained in Appendix A. Collecting Data Many departments have, independently or in collaboration with others, undertaken the task of analyzing traffic stop data. These agencies vary in terms of their structure and function, as well as in the type of data they collect. In addition, some data collection efforts involve sophisticated data analyses where others simply compare basic percentages. These differences, on the surface, are not all that dramatic. When making conclusions about the practices of a department, however, these methodological considerations take on more importance. In fact, methodological considerations are considered paramount by prevailing judicial opinions (see following discussion on legal issues). It should be noted; however, just as there are no widely accepted standards for defining racial profiling, the methods of collecting and analyzing traffic stop data are not universal. 2 Police departments across the country collect a variety of data elements in their analysis of racial profiling. Some agencies collect a minimal amount of data such as the race, age, and gender of the driver, along with the reason for, and outcome of the traffic stop. Other agencies collect data pertaining to all passengers of the vehicle, key events that may occur during a traffic stop (e.g. warrant check, search), and police officer demographics. There appears to be no consensus regarding the most appropriate data collection elements across departments. The National Institute of Justice (NIJ), however, recommends certain data be collected on a "routine" basis (Ramirez, McDevitt & Farrell, 2000). These data elements include: date, time, and location of stop, license number and description of vehicle, length of stop, and name and identification number of the officer initiating the stop. The NIJ also recommends that certain "study specific" variables be considered. These include the race, date of birth and sex of the driver, the reason for stop; the outcome of the stop, and whether or not a search was conducted. Methods Data Collection Data were collected about each traffic stop (N = 9,702) made by officers of the Iowa City Police Department over the nine-month period between April and December, 2001. Officers were required to enter data into mobile data terminals (MDTs) after each traffic stop interaction. A copy of this form is contained in Appendix B. When an officer would initiate a traffic stop, he or she would call that stop into the dispatcher, who would document the contact. After the stop, the officer would fill out a screen on the MDT located in the vehicle. These data were centrally stored in a Microsoft Excel spreadsheet. Each stop became a case for analysis. The Excel file was subsequently transferred into SPSS for analysis. -l'J_ V is Les Information was collected about the driver, the officer, and the stop event. Driver demographics included race, sex, age, residency, and vehicle registration. The only information collected about the officer was officer badge number. More data about the officer, such as sex, race, age, time in service, etc., can be entered at a later date. Several items of interest pertain to the stop event, including the date and the time of day. One broad category related to the stop event involved the `reason for the stop." These were coded dichotomously (yes/no) and included the following: moving violation, equipment/registration violation, criminal offense, other violation, call for service/suspect or vehicle description, preexisting knowledge or information, special detail, and other. Information regarding any "search" that might have been requested or conducted also was collected and included the following dichotomous variables: consent search requested, consent search of vehicle requested, consent search of person requested, consent search conducted, officer safety search conducted, search incident to arrest conducted, and probable cause search conducted. Data pertaining to any "property seized" also was collected and included the following dichotomous variables: property seized, alcohol seized, weapons seized, money seized, narcotics seized, evidence seized, other seized. The `outcome of the stop" also was measured, and included the following dichotomous variables: no action, citation, arrest, warning, and field interview. Finally, information also was collected about whether any "force" was used during the stop and whether the force was against the driver or a passenger. .lf Originally, 38 variables were measured and entered for analysis. Some of these were recoded for analysis. For example, driver race was collected in 7 categories (Caucasian, Black, Asian, Spanish, Native American, Other, and Unknown). These were collapsed into 3 categories for the analyses (White, Black, Other). In addition, some new variables were created to obtain a clearer picture of the data. For example, it is logical to assume that a person stopped for multiple reasons might be more likely than a person stopped for only one reason to get a citation or to be arrested. The dichotomous variable "multiple reasons" was created by distinguishing between cases with "only one reason" for the stop and cases with "more than one reason." Collection and Measurement Conce rns Glitches arise at the initial stages of any large data collection undertaking. This study was no exception. Although the ICPD engaged in a series of training sessions to familiarize officers with the data collection form, the use of the MDT, and the procedure, difficulties and oversights still occurred. This most problematic of these became apparent when Excel entries (from the MDTs) were cross - referenced with CAD entries. A discrepancy was noted between the number of stops as indicated by the CAD system and the number of stops as indicated by the Excel entries. In addition, stops were referenced by officer badge number. A routine check of CAD and MDT entries appeared that some officers were calling stops into the CAD system and not entering them into the MDT, or entering them into the MDT without calling them into the CAD. After a series of inquiries and discussions with the officers, it was obvious that the problem was related to training and/or to data entry. For example, in situations where 2 officers were in the car during a traffic stop, one officer may call in the stop to the dispatcher, who enters the stop under that officers badge number. The second officer in the car may take responsibility for entering the data into the MDT, which then gets entered under his or her badge number, In this way, it may appear as if an officer is either under- or over - reporting on the MDT system. In addition, some difficulties were noted with officers forgetting to "save" the data into the MDT after they had entered it, resulting in some lost information. These problems were quickly caught and corrected, but it is recommended that any conclusions drawn from this data keep these difficulties in mind. A full year of " glitch -free" data collection is recommended for use as a baseline for this department. Moreover, any close inspection of stopping behavior by individual officers should not be undertaken until a full year of corrected data collection is completed. Analyses & Results Analyses were conducted on two levels. First, descriptive analysis takes a broad look at stop patterns, stop characteristics, and driver demographics. This information is useful for descriptive purposes only. That is, this type of analysis is useful in understanding the existing state of affairs ( "what is" ). Descriptive analyses are neither predictive nor explanatory. They cannot explain "why" things are as they are and they cannot predict how things might be in the future. Comparisons using descriptive analyses also are problematic given that descriptive statistics do not consider relationships among different variables involved in any given situation. To address the complex relationships that exist among different variables, multivariate analyses also were conducted. Specifically, a program called "chi- square automatic interaction detector" or CIIAID, was used to evaluate the variables in terms of their relationships with one another. For example, this type of analysis is able to determine whether the sex of a driver is related to the reason for stop, given all the other variables that might interact, such as race or age. A more detailed explanation of this process is contained below. Descriptive Analyses & Results Driver Demographics The variables related to the driver involved in the stop were the following: race, sex, age, residency, and vehicle registration. Drivers stopped were mostly White (84 %), male (65 %), younger, Iowa City residents (62 %), and from Iowa (86.5 %). Race. As indicated below, 84% of the drivers stopped were White, 9% were Black, and 7% were Other. The "Other" category includes Asian, Hispanic, Native American, and Other. There were 13 cases in which the race of the driver was coded as "unknown" and these were counted as "missing" in the analyses (See Table 1). Table 1: Percentage of Stops by Race of Driver White Black Other 7 . - _ .. _ - - .... .... IC Sex: Sex b�Race, Most (65 %) slopped drivers were nmlo (See Table 2), A higher percentage of Non -White males that White males were stopped, whereas a higher percentage of White females than Non -White females were stopped (See Table 3), Table 2: Percentage of Stops by Sex ofllrivcr Female More Table 3: Percentage ot'Stops by Sox and Race of Driver Female Nido VO) , R WhiteBlack other Age: Agcy byl& - The median age of drivers stopped was 23, with most stopped drivers behig 21. Lt fact, more thtut 7 in 10 drivers stopped were under the age of 30 (See'rable 4). Higher perecntages of Non -Wbito drivers than White drivers between the agar of 25 and 44 were stopped, ht genertd, younger (24 & under) nod older (45 and over) White drivers than Non - White drivers were more likely to be slopped (,See fable 5). Table 4• Age Ektcgories of Drivers Stopped Under 18 18.20 21 -30 31.40 Over 40 Table 5• Percent4go of Il ivers Stopped by Race and Abe Under 18 -20 21 -30 31 -40 Over40 18 Gl Whtte Li Olac:k n Other 9 Residency and Vehicle Registration. Of all drivers stopped, less than two- thirds (62 %) were city residents (See Table 6). Another 11 % were Johnson County residents. An equal percentage either was ftom other Iowa locations or from out of state (13.5% respectively). This is probably characteristic of a city with commuters and a large college campus. Given this, city census figures should NOT be used as a baseline for comparison to the overall stop data. Table 6• Percentage of Drivers Stopped by Residency/Registration Iowa City Johnson Other Iowa Non -Iowa County Stop Event Temporal Distribution. The most active month for stops was April (15 %), followed by May (13 1/o), and November (12 %). June (9 %) was the least active month (See Table 7). The time distribution of stops was unusual, with 41 % of all stops occurring between midnight and 3:00 am. In fact, the most active time was between 1 -2am (17 %) (See Table 8). This is likely due to the fact that Iowa City is a college town with a high concentration of bars and restaurants that close around that general time. Drivers probably get stopped as they are leaving a bar or restaurant after closing time. Given this time distribution, it is no surprise that the third shift is responsible for the highest percentage of stops (54 %), followed by the second shift (25 %), and the first (21 %) (See Table 9). a- Table 7: Percent of Stops by Month do. �cm ym 0 V" Table 8: Percent of Stops by Hour of Day pti� coo ��� ��(01 �ti�� 11 Table 9: Percent of Stops by Shift 1st Shift 2nd Shift 3rd Shift In general, drivers were stopped for moving violations (69 %) or equipment /registration violations (26 %), were not searched (95 1/o), and were released with a warning (56 %). Only 10 cases involved use of force, so this variable was not used in any analyses. Likewise, only 147 (1.5 %) cases involved any type of property seizure (mainly narcotics) so this variable is not considered further. Only 5% of the cases involved a search, and these were mostly (75 %) incident to arrest. Reason for Stop by Race. The three most -cited reasons for stops were 1) moving violations (69 0/o); 2) equipment /registration violations (26 %); and 3) other violations (6 %). Stops of `other" drivers (71 %) were more likely than stops of white (69 %) or black drivers (63 %) to involve a moving violation. Twenty -six percent (26 %) of all stops were for equipment/registration violations; stops of black drivers (31 %) were more likely than stops of white (25 %) or other drivers (24 1/o) to involve this reason. Other violations (6 9/o) involved white drivers (6 %) more often than black (5 %) or other drivers (5 %) (See Table 10). 12 -ae, Table 10: Percentage of S1ops IaV Itcason and Race of Drlvet 80% 70% 60 % 50 % 40% 30% 20 % 10% 0% F 0� ■ TOTAL ❑ white 1I Black G Other Searches by Race: Most searches (75 %) were conducted incident to arrest; "Other" drivers (85 %) and Whkc drivers (77 %) were more likely [Iran Black drivers (64 %) to be searched for this reason. Consent to search was given in 23% of cases, more so by Black drivers (28 %) than by Wite (23 %) or "Other" drivers (8 9%) (See Tablo 11). There were 359 searches incident to arrest ( <4 %of all slops) out of total cases in wluoli a search was conducted (75 %). Of alt drivers stopped, 3% of Wldte drivers, 7% of Black drivers; and 3% of "Other" drivers wcrc searched incident to arrest. Of all the drivers searched for this reason, 79% were White, 15% were Black, and 6% were "Other" (Sco Table 12). Out of till drivers stopped, there were 83 consent searches (less than 10% ofall cases): 2.4% of all Black drivers were involved in this event, compared to .7% of all White drivers, and .4% of all "other" drivers. Of the consent searches (n - 83), white drivers comprised 72 %, Blacks were 24%, and other drivers were 4% (See Table 13). 1.3 —�21'_ Table I I ; Pere c ntuge of Searches (n = 479) by Type and Mace of Driver 90% 80% 70% 60% 50% 40% n 7_0 %n 1,M 0% P�VyK' Al GO e� TOTAL LI White 17 Black ❑ Other ��„lile 1 ?;,_,Y,�+r,�e��a�c of Searches Incident io Arresl (u= 359) by Mace ofI7river White Black Other 14 htble 13: Percentaac of Consent Searc)ti�s (n = 83) by Race of Urivcr White Black Other Outcome of Stop by Rae e. Other drivers (65 %) and black drivers (61 %) were more. likely than white drivers (57 %) to be issued a Warning as a stop outcome (See Table 14). White drivers (41 ON were more likely than black (37 %) or other drivers (34 %) to be issued citations. A much biglier percentage of black drivers (13 %), however, bad arrest as the outcome ortheir stop. Only 7% of white drivers and 6% of other drivers were arrested. 'These pereemnbes do not include the 431 cases in which the outcome was "no action." '1'hble 14: Perotintaea of 17civcrs Sior�tx c�Rv Outcome and Rnce P P,:;?, % — � 7t7Tll L White C3131cick C] tither 15 SuMMM of Descriptive Anal At first glance, one might be tempted to conclude that race is a factor in some events. For example, higher percentages of "Other" drivers were stopped for moving violations while higher percentages of Black drivers were stopped for equipment/registration violations. Similarly, the sex and age of the driver also appear to be factors given that higher percentages of White females were stopped, as were higher percentages of Non -White males. Descriptive statistics are very superficial and only give the broadest picture of the data, This type of analysis lacks inferential ability. One cannot use it to predict events or to describe the relationships among characteristics and events. Descriptive statistics only should be used to describe the state of affairs. They will not help to: 1) understand why the percentages are the way they are; 2) determine the relationships among the characteristics and events; 3) predict one outcome or event over some other outcome or event. Providing a description of the data should only be the first step in a thorough analysis. More comprehensive multivariate analysis is required to understand the relationships between and among variables, and to understand how these variables interact with one another to produce a certain reality, as portrayed by the descriptive statistics, In this case, a procedure called chi - square- automatic interaction detector (CHAID) was used to more fully explore the relationships between and among the various variables. CHAID Analysis & Results This portion of the report examines the relationship between three demographic predictors (age, race, sex), vehicle registration (Iowa /non -lowa) and several events related to the traffic stop. These events involve the following questions: 16 1) Reason for the Stop? (moving violation, equipmentlregistration violation, pre - existing knowledge, other violation, crime, special detail, other). 2) Search Conducted? (vehicle search or driver search). 3) Type of Search? (search incident to arrest or consent search). 4) Property Seized? 5) Outcome (warning, citation, or arrest). Some of these decision points also were examined as predictors of subsequent events. For example, whether property was seized might be related to whether a driver was warned, cited, or arrested. CRAID is based on an analytical technique called chi - square. Chi - square analysis demonstrates whether a particular observed proportion within a sample is statistically different from a particular expected proportion within that sample. The expected proportion is based on the premise that there is no relationship (i.e., one has no impact on the other) between the two variables in question within the population from which the sample under study was drawn. It is calculated using information from the entire group. For example, if we were interested in whether race (White, Other) and being arrested (Yes, No) are related in a population, we would use chi - square analysis. The chi -square procedure would determine that 25% of all the persons (regardless of race) were arrested and 75% were not. Then, the chi - square procedure would determine that, of all the "Other" drivers, 30% were arrested. Chi- square analysis would then conclude whether the 5% difference between all persons arrested and "Other" persons arrested is attributable to chance, or whether it is likely that there is a true difference in the population between White and Other drivers in being arrested. If the chi - square value is "statistically significant," this 5% difference is not 17 _31- attributable to chance and represents a true difference between White and Other drivers in being arrested. By convention, statistical significance is reached when the probability of error in this conclusion is less than .05 (i.e., only 5 times out of 100 would one reach this conclusion in error). Race, however, is just one factor that could be related to any event in a stop situation. Other variables may be more important. They may mediate, or even eliminate the influence of race. This is why we use a "measure of association" called the `phi coefficient" with chi - square analysis. The phi coefficient ranges in value from 0 (no relationship) to 1 (perfect or very strong relationship). If chi - square analysis indicates statistical significance (that the 2 variables are related), it is then necessary to determine the strength of that relationship. In the previous example, the 5% difference in the proportion of Black drivers arrested and the proportion of all drivers arrested was statistically significant. The question now relates to how strong the relationship is between race and arrest. The chi - square analysis determines the phi coefficient for this relationship to be .03. This indicates an extremely weak, almost non - existent relationship between race and attest because .03 is much closer to 0 than to 1. In fact, this means that very little variation in arrest is explained by the race of the driver. Another variable or set of variables is more influential in arrest than the race of the driver. This is where it becomes necessary to conduct multivariate analysis. CHAID is a multivariate technique that segments the sample of traffic stops and reveals the interrelationship between the potential predictors and the events involved in the stop. The CHAID procedure generates a "decision tree" that identifies significant predictors or each decision in question. In effect, the procedure "cross- references" each event with each potential predictor. 18 CHAID simultaneously considers the impact of several independent variables (age, race, sex) upon a particular event in question (arrest, in the example above). The CHAID results indicate the strongest predictor of the event, while taking the other variables into account. It may be that no variable or set of variables is a predictor of the event when the other variables are considered. This means that any original relationship (e.g., between race and arrest) is so weak that when other independent variables are considered (age, sex), nothing predicts the event. In the arrest example, the program examines all the cases in which individuals were arrested, It then examines all the factors associated with each case and determines the ones that keep occurring in conjunction with an arrest. Then, the program compares that state of affairs with the cases in which drivers were NOT arrested. In this way, it is possible to determine whether factors are really predictive of an event or whether observed differences between those arrested and those not arrested occurred purely by chance. For example, if descriptive analysis determines that 30% of the drivers arrested were White and 70% were Black, one might be tempted to conclude that there was a racial bias in arrests. However, the CHAID analysis would examine the cases and simultaneously consider all the other potential factors involved in an arrest. The decision tree that it generates might indicate that the most significant factor related to arrest is a stop for `pre- existing knowledge." The analyses demonstrate which of the potential predictors (if any) had the strongest and most important relationship to the events or outcomes. In this case, the potential predictors were used to examine the five events listed above to determine if they were actually related or whether any observed differences occurred purely by chance. The advantage of multivariate analysis is that it reveals the strongest predictors of the event in question. In other words, if race is a factor, it will emerge independently of the other 19 -�33 - factors. If race is not a factor, then the one or more of the other predictors will emerge, or none of the selected predictors will emerge as related to the evenWoutcomes. If no significant predictor emerges, it either means that the analyses did not include the most relevant predictors or that no measured factor is related to the event. This attribute is particularly relevant for a traffic stop situation in which many things go unmeasured. For example, one cannot measure the quality of the personal interactions between an officer and the individuals stopped. One cannot measure the demeanor of the driver. In this case, one cannot measure any information about the passengers in the vehicle. Finally, extraneous factors such as the weather, the time of year, the social environment, and the location are not measured in this study. CRAID Results Results from CHAID analyses using the 5 event categories and the potential predictors outlined above resulted in only three events that had significant predictors. Within "Reason for Stop," being stopped for a moving violation was significantly related to one or more of the potential predictors. Having a search conducted (vehicle search or driver search), type of search (search incident to arrest or consent search), and having property seized had no significant predictors. Two outcomes (warning and citation), however, did have significant predictors. Arrest, on the other hand, did not. Reason for Stop Reasons for stop included the following! 1) moving violation; 2) equipment/registration violation; 3) other violation; 4) pre - existing knowledge; 5) criminal offense; 6) special detail; and 7) other. A stop for a moving violation was the only variable that had significantly related predictors. 20 Moving Violation. For the entire group, 68.6% (6656/9702) of the drivers were stopped for a moving violation. This is the base rate for moving violations. The question is whether any subgroups formed based on the potential predictors had moving violation rates significantly different from (greater than or less than) that of the entire group. The most significant predictor of a moving violation was the "age" of the driver. Second- order predictors were "sex of driver" and "vehicle registration" Sex (being female) was a predictor for the 10 -17 age group. Vehicle registration (non -Iowa) was a predictor for the 18 -20, 21 -30, and over 40 age groups. Finally, `race" and "sex" emerged as third -order predictors. Race (being an "other person of color") was a relevant factor among the 18 -20 and 21 -30 year old Iowa residents. Sex (being female) was relevant among the over 40 year old Iowa residents. Apart from order of significance, the subgroups also can be described in terms of their proportion, remembering that 68.6% is the base to which comparisons are made. The subgroups receiving moving violations, in order of proportion are: 1. Persons over 40 with non -Iowa registration: 84.5% 2. Persons 10 -17 who are female: 81.8% 3. Persons over 40 with Iowa registrations who are female: 77.8% 4. Persons 10 -17: 75.0% 5. Persons over 40: 74.6% Thus, age (being in the youngest group or being in the oldest group) was the strongest predictor of a moving violation stop. Sex of the driver, registration, and race only emerge in combination with the other variables, not as independent predictors. There is no evidence of racial bias in drivers being stopped for a moving violation. 21 —2 Outcome Warning. Nearly two - thirds (65.5 %, or 5383/9702) of the entire group was given a warning. The most significant predictor of being given a warning was whether a search was conducted. Those who were not searched were significantly more likely to receive a warning. The second -order predictor was being stopped for an equipment /registration violation, and the third -order predictor was having a non -Iowa registration. Those most likely to receive warnings were: 1. Persons who were not searched, who were stopped for equipment/registration violations, and who were non -Iowa registrants: 77.1 %. 2. Persons who were not searched, who were stopped for equipment/registration violations: 70.2% The strongest predictor of a warning was whether a search was conducted. These finding are logical in that drivers who were searched would be more likely to have been stopped for a more serious violation and would therefore not receive a warning. Also, drivers stopped for only having an equipment/registration violation and/or to be from "out of town" might be less likely to be issued citations. Overall, no bias was detected in the issuance of warnings. Citation. With this event, the base rate for the entire group was 38.7% (3753/9702). The most significant predictor of a citation was whether the driver was stopped for an equipment /registration violation. Being stopped for something other than an equipment/registration was the most significant predictor of receiving a citation. The second - order predictor for this group was age (10 -17), and the third -order predictor was having an Iowa vehicle registration (among those over 30 years old not stopped for E/R violations). Describing the subgroups in terms of their proportion (compared to the 38.7% base), the subgroups receiving citations are: Pia 1. Persons not stopped for equipment/registration violations who were over 30 years old, with Iowa registrations: 50.4% 2. Persons not stopped for equipment/registration violations who were between 10 -17 years old: 50.2% Therefore, not having an equipment/registration violation was the strongest predictor of a citation. This is logical given that the other biggest category of stops involved moving violations. This is the type of situation in which an individual is more likely to be issued a citation. Age and registration were related to receiving a citation in combination with equipment /registration violation, not as independent predictors. There is no evidence of racial bias in drivers being issued a citation. SpwgIM Qf CHAID Analyses Only three events involved significant relationships to tested predictors. Receiving a moving violation (being in the youngest or the oldest age groups), receiving a citation (not being stopped for an equipment/registration violation), and receiving a warning (not being searched) were the only events that CHAID analysis determined to have significant relationships with predictor variables. Sex of the driver and the vehicle registration also were related in conjunction with the significant predictors in some situations, but not as independent predictors of any given event. Race of the driver (being an "other person of color ") only appeared once, as a third -order predictor among certain age groups of Iowa residents in being stopped for a moving violation The "Baseline" Dilemma The most problematic part of any study of this nature is determining the baseline to which collected data should be compared. We want to look at "what is" and compare that state of affairs to "what should be." However, determining "what should be" is troublesome. In 23 137_ theory, the racial distribution of drivers stopped should represent the racial distribution of drivers doing something that makes them eligible to be stopped. For example, if 20% of the drivers doing something that makes them eligible to be stopped by the police are Black and 80% are White, one would expect that 20% of the drivers stopped are Black and 80% are White. This comparison has very little, if anything, to do with any racial distribution in the city or county population. It has everything to do with the racial distribution of drivers on the roadways and the driving behaviors or characteristics that they exhibit. Making decisions as to whether a department is engaging in discriminatory stop practices depends on the ability to identify the racial distribution of stops that would exist in the absence of discriminatory stop practices. That is, one must know the true racial distribution of drivers eligible to be stopped (i.e., doing anything that could get them warned, cited, or arrested — anything that creates reasonable suspicion or probable cause). Stops in the absence of discriminatory practices, then, would be the "right" proportions. One could then compare the research findings to the "right" proportions to determine whether discrimination exists. Unfortunately, we cannot measure this objective reality. Determining the "right" proportion of stops is impossible because of the infinite variations in driving behaviors and police response within various locations at various times on various days in various months during various years. Also missing is a measure of the interactions between those stopped and the officers. Demeanor is thought to significantly contribute to stop outcome as well as to other law enforcement outcomes such as warning, citation, and arrest. This reality, however, is extremely difficult, if not impossible, to measure. We cannot know the racial distribution of drivers doing something that makes them eligible to be stopped. Some research has attempted to measure this, but the methodology employed is often seriously 24 flawed. The most common method involves posting trained observers at strategic locations armed with stopwatches to determine the racial distribution of speeders. Obviously, this method is extremely limited, relying on split second judgment by observers as to the race of drivers. In addition, this method rests on the assumption that speeding is the only thing for which drivers get stopped. In the current study, moving violations were the most commonly cited reason for a stop, but equipment/registration violations and other violations accounted for about 3 in 10 stops. Given that comparison to population data is invalid, we suggest that the current data become the baseline from which to evaluate future practices. The initial analysis of a law enforcement agency's traffic stops does establish a benchmark for that department. Once an initial study is completed, a department has an empirical basis for comparison in the future. If an initial study indicates the possibility of bias (race appears as a significant predictor of some event), future research will provide data for comparison to help determine whether the relationship previously observed between race and some outcome persists or whether it has disappeared. If an initial study shows no evidence of bias (race does not appear as a significant predictor of any outcome), the department in question should attempt to maintain this desirable result. These data, collected from traffic stops made by the Iowa City Police Department between April I and December 31, 2001, provide no evidence that the ICPD is systematically engaging in discriminatory stop practices. Stops conducted by the Iowa City Police Department, as a whole, during the study period, do not involve the race of the driver as a significant factor related to events and outcomes (e.g., arrest, search, etc.). This does not mean, however, that no individual citizen was ever discriminated against. There is always the possibility that individual officers may be engaging in racially biased practices, both in determining which drivers they will 25 or will not stop and in determining what steps to take after the initial contact. This is a serious possibility that is not likely to be revealed with statistical analysis. To detect discriminatory practices at this level requires constant vigilance by the community, by all the officers within the department, and by the departmental administration. Statistical analysis, while valuable, cannot substitute for community involvement and effective management. Legal Issues Relating to Dias/Racial Profiling Data Collection and Analysis verview The findings and conclusions of any study involving bias/mcial profiling are often used, or interpreted, in a number of ways, for a variety of purposes, by many factions. These studies often raise issues related to the management and administration of the agency, issues relating to the recruiting, training and attitude of the officers, and issues related to the community, just to name a few. This section focuses strictly on the legal issues involved with this, or any, study of bias/racial profiling. Civil Liability Without a doubt, the central legal issue relating to any study of bias/racial profiling by a law enforcement agency is the degree to which the agency, or the individual officers employed by the agency, may be subject to civil liability for their actions. While the terms "bias profiling" and `racial profiling" are of relatively recent origin, and neither are legal terms, the practice of bias/racial profiling, if substantiated, allows victims to pursue civil claims against an offending agency, or officer, under a variety of legal theories. Although each legal theory has its own strengths and weaknesses, for a number of reasons, the theory employed by most plaintiffs, and the one that is arguably the most difficult for plaintiffs to obtain evidence and prove, is that of a Constitutional violation of the 10 Amendment's Equal Protection Clause. Generally speaking, 26 the standard required for a plaintiff to win in an Equal Protection claim is that the plaintiff must prove that other similarly situated individuals, of a different race, were treated differently. Likewise, proving, or disproving, disparity of treatment based on race should also be the focus of any study of bias/racial profiling. Thus, the key importance of any study on bias/racial profiling, from a legal perspective, is that the study's findings and conclusions can become the evidentiary basis for supporting, or defending, such claims. In short, the data, and more importantly the findings and conclusions of the evaluators, of bias/racial profiling studies serve as the statistical evidence used by plaintiffs or defendants to support or defend the legal claims. Several courts have addressed the issue of civil liability under the 10 Amendment based on a claim of bias/racial profiling and the evidentiary requirements needed to support such a claim. These courts repeatedly emphasize the need for both plaintiffs and defendants to introduce valid and reliable statistical evidence establishing, or disproving, disparate treatment based on race. Evidence taking the form of statistics based on anecdotal sources, or data evaluated using unacceptable methodology, are universally rejected by the courts. In Chavez v. Illinois State Police, 251 F.3d 612 (7s' Cir. 2001), a typical Equal Protection lawsuit, the court went to great lengths to outline the validity and reliability standards required of evidence relating to the collection and/or analysis of data regarding bias/racial profiling. The court noted that statistical evidence may be used to establish that other similarly situated individuals, of a different race, were treated differently; however, to be admissible and of any relevance to the issues before the court, such statistical evidence must be collected and analyzed in a universally scientifically acceptable manner. Further, the court noted that the statistical evidence must be subject to rigorous methodological procedures and evaluated by persons with the academic credentials and practical experience to qualify as experts. The court specifically 27 %Z//, noted the inherent problems with statistical evidence relating to bias/racial profiling with regard to the following: establishing base lines, determining the quantity and quality of the data being collected, sample groups, and interpretation. Accordingly, if the statistical analysis and findings and conclusions of this, or any, study of bias/racial profiling are to be of any value from a legal perspective, the study should comply with the evidentiary requirements currently being imposed by the courts. This study seems to satisfy the admissibility requirements for evidence relating to disparate treatment based on race, currently being imposed by courts in bias/racial profiling cases. This study employed sound methodological techniques with regard to the collection and analysis of data and was performed by individuals with nationally recognized expertise in statistical analysis. Disclosure of Information/Records Although generally not rising-to the level of concern as civil liability, law enforcement agencies engaged in the collection of information and analysis of data, whether related to bias profiling or some other topic, must be familiar with the applicable statutes and/or ordinances governing the release of public records. Typically referred to as "Open Records Acts ", virtually all jurisdictions have enacted laws requiring certain records in the possession of police agencies to be released to the public. These "Open Records Acts" vary tremendously from jurisdiction to jurisdiction; however, in all jurisdictions, to some degree, the data collected as part of a bias profiling project will be subject to disclosure to the public, and to the media. Ideally, agencies will address this legal issue before initiating any data collection to ensure they knew, going into the project, what records, if any, will be subject to disclosure, and under what circumstances. 0 The fundamental questions to be resolved relating to the release of data and information collected as part of a bias profiling project are: 1) Who, exactly, is the custodian of the data and information relating to the project? [This can become very complex in situations where agencies contract all, or part, of the project out to a consultant.] 2) What records are, and are not, subject to disclosure? 3) Can any of the information collected be "masked" or otherwise shielded from disclosure? Must any information be shielded from disclosure? 4) If large data sets are subject to disclosure, what format is required? 5) Where disclosure of large, bulky, data sets is required, what costs, if any, may be recovered by the agency? 6) Is the analysis/interpretation of the data subject to disclosure also? 7) When must data/information be released? [This can pose difficulties in multi -year, on going, projects.] 8) How long must the data/information be retained and who had responsibility for archiving the materials? Conclusion It is imperative that agencies practice proactive risk management with regard to the collection and analysis of data relating to bias/racial profiling. In addition to serving as the basis for addressing a host of management, administration and personnel issues, bias/racial profiling studies can also serve as useful tools for developing statistical evidence for defending against lawsuits alleging civil rights violations. However, experts in statistical analysis must conduct any study using scientifically acceptable methodology. The statistical analyses involved in this study appear to satisfy the legal requirements currently being imposed by the courts and the findings and recommendations should serve as valid evidence relating to allegations of bias/racial profiling. Finally, a determination should be ascertained as to what degree the information/records will be subject to disclosure under the applicable Open Records laws. 09 Conclusion and Recommendations The Iowa City Police Department, as a whole, does not appear to be systematically stopping drivers based on their "racial or ethnic status or characteristics" as defused by departmental policy (Racial Profiling, General Order 01 -01). While the percentages of races were not always equal in some categories, the discrepancies are most likely explained by factors other than the driver's race. For example, the age and sex of the driver were important explanatory factors in many events. This makes sense given that we know driving behavior to be different among various ages and between the sexes; younger drivers drive differently than older drivers and males drive differently than females. This study used a fairly comprehensive set of data collected about a population of stops over an 8 -month period. The data were collected in a consistent manner, with only minor problems pertaining to entry and recording that were addressed as they were discovered. The statistical analysis used to evaluate the data was rigorous, thorough, and conducted by academicians with expertise in the collection, analysis, and interpretation of such data. Further, this analysis was conducted on a contractual basis with researchers from the University of Louisville in Louisville, Kentucky, providing a level of objectivity that is necessary to avoid any conflicts of interest or appearances of impropriety. These factors have yielded valid data, making valid conclusions highly likely. The only caveat is that one full year's worth of data should be collected and analyzed to provide a baseline from which to evaluate future stop practices. Moreover, the legal considerations set forth by the courts have been met, making legal actions against the Iowa City Police Department based on accusations of "racial profiling" very unlikely. However, the Department must still recognize that this does not preclude the actions of 30 any one officer becoming suspect. Our findings do not conclude that such profiling might not be occurring against individual citizens by one or more individual officers. This type of discrimination on an individual level, however, is virtually impossible to detect or to prove given the type and amount of discretion that officers must use in the completion of their duties. These matters are more likely to be discovered through administrative and supervisory vigilance, and through community awareness, rather than through the collection and analysis of traffic stop data. The Iowa City Police Department can enhance their collection of traffic stop data. The recommendations offered here involve both process and content elements of the project. First, it is suggested that a full year of data be collected and subsequently used as a baseline for analyzing future department practices. The data in the study covers only 8 months of the year 2001 and may not fully reflect the traffic stops practices of the department on an annual basis. Second, census population data should not be used as a baseline. As previously discussed, census data does not provide for an appropriate point of comparison and should only be used when nothing else is available. Clearly, with the adoption of the recommendation for a full year of data collection, the use of census data can be avoided. Third, data collected for the year 2001 (April- December) should be viewed carefully as the department experienced considerable challenges in refining the data entry process. Throughout the course of this project quality assurance checks were employed to ensure that the data collected was valid although it is suggested that the validity of the data may continue to be somewhat suspect. Continued monitoring of date entry and fine- tuning of the department's quality assurance mechanisms, however, must be a priority. A fourth recommendation involves the training of all officers in regard to departmental policy, data collection procedures, and the 31 results of the analysis. Officers collecting the data must have a thorough understanding of the project in order to ensure more accurate and complete data collection and entry. In a similar vein, supervisors must be proactive in ensuring line officers understand the policies and procedures related to the project. Supervisors also should identify officers who require additional training or closer supervision to ensure adequate understanding of the data entry procedures as well as policy compliance. Fifth, it is imperative that the department establish clear, written guidelines regarding the entry of traffic stops into both the CAD and MDT database systems. These guidelines should be made available to all personnel involved in the data entry process and should be incorporated into departmental training as required. Further, dispatchers should receive guidelines and training regarding recording calls when more than one officer in involved in a traffic stop. This will allow for more timely and accurate quality assurance checks as well as enhance the validity of the data. In terms of the content of the data collection forms, several data elements could be added to the form. First, in attempt to control for variations in traffic stop practices by location, the quadrant in which the stop occurred could be added to the form allowing for traffic stop identification. Also, the form should contain information about warrant checks. First, there should be a question that asks whether a warrant check was performed during the stop. Secondly, the form should contain a section addressing the outcome of the warrant check. Currently, information about outstanding warrants is obtained through a plate and/or license check. These types of checks, however, are not performed routinely. Finally, the form should include an item that indicates whether the driver was asked to exit the vehicle. These additions are consistent with data collection efforts throughout the country, require minor modifications to 32 the form, and would aid in the development of a more accurate understanding of the key events that are likely to occur during traffic stops. These recommendations are offered to improve the data collection process and to enhance the quality of the data. Several of these recommendations were communicated to the Department as the study progressed and have been addressed. Others are currently being implemented. Overall, the departmental administration has been receptive to recommendations for the improvement of their data collection and analysis, and seems genuinely concerned about the accurate measurement of traffic stop practices. Again, the only major concern is that this study is based on only 8 months of data with which some minor collection and entry problems were noted. Therefore, it is necessary that a full year's worth of "clean" data be collected and analyzed to provide the best baseline from which to evaluate the future stop practices of the department. Although no evidence of departmental discriminatory stop practices may be welcome news, the department now is faced with the responsibility of continual monitoring to maintain these practices for the continued benefit of both the department and the community. 33 e1G7— Biblioeranbv MacDonald, H. (2000). The burden of bad ideas: How modern intellectuals misshape our society. Chicago: Ivan R. Dee. Newport, F. (1999). Racial profiling is seen as widespread, particularly among young Black men. Gallup Poll December 1999, #411, 18 -23. Ramirez, D., McDevitt, J. & Farrell, A. (2000). A resource guide on racial profiling data collection systems: Promising practices and lessons learned. Simms, J. (2000). The Maryland I -95 corridor study. University of Washington in Missouri. ( http: / /www.adsci.wustl.edu/— focus205 /supreme /stats_i95.html). Smith, M. & Petrocelli, P. (2000). Racial profiling: A multivariate analysis of police traffic stop data. Withrow, B.L. (2002). Race based policing: An initial analysis of the Wichita Stop Study. Paper presented at the meeting of the Academy of Criminal Justice Sciences, Anaheim, CA, Zingraff, M. Warren, P., Tomaskovic - Devey, D. Smith, W., McMurray, H., Mason, M & Fenlon, C. (2001). Evaluating North Carolina State Highway Patrol Data: Citations, warnings and searches in 1998. North Carolina Department of Crime Control and Public Safety. (On- line). Available: www.nccrimecontrol.or shp/ncsfirceport.htm 34 G`-awL X34" Iowa City Police Department Policy on Racial Profiling General Order # 01 -01 Section Code OPS -17 35 Zza OPS -17.1 RACIAL PROFILING Date of Issue General Order Number January 10, 2001 01.01 Effective Date Section Code February _ 1, 2001 OPS47 Reevaluation Date Amends /Cancels December 2001 1 New C.A.L. E.A. Reference 1.2.4,1.2.9,41.3.8,61.1.2.9 INDEX AS: Racial Profiling Search and Seizure Complaints Traffic Stops Supervisor Responsibilities Arrests Warrants Discipline I. PURPOSE The purpose of this order is to unequivocally state that racial and ethnic profiling by members of this department in the discharge of their duties is totally unacceptable, to provide guidelines for officers to prevent such occurrences, and to protect officers from unfounded accusations when they act within the parameters of the law and departmental policy. 11. POLICY It is the policy of the Iowa City Police Department to patrol in a proactive manner, to investigate suspicious persons and circumstances, and to actively enforce the laws, while insisting that citizens will only be detained when there exists reasonable suspicion (i.e. articulable objective facts) to believe they have committed, are committing, or are about to commit an infraction of the law. Additionally, the seizure and request for forfeiture of property shall be based solely on the facts of the case and without regard to race, ethnicity or sex. 111. DEFINITIONS Racial profiling - The detention, interdiction, exercise of discretion or use of authority against any person on the basis of their racial or ethnic status or characteristics. Reasonable suspicion - Suspicion that is more than a "mere hunch" or curiosity, but is based on a set of articulable facts and circumstances that would warrant a person of reasonable caution to believe 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. ( "Specific and articulable cause to reasonably believe criminal activity is afoot.") OPS -17.2 IV. PROCEDURES The department's enforcement efforts will be directed toward assigning officers to those areas where there is the highest likelihood that vehicle crashes will be reduced, complaints effectively responded to, and/or crimes prevented through proactive patrol. A. In the absence of a specific, credible report containing a physical description, a person's race, ethnicity, or gender, or any combination of these shall not be a factor in determining probable cause for an arrest or reasonable suspicion for a stop. B. Motorists and pedestrians shall only be subjected to investigatory stops or brief detentions upon reasonable suspicion. C. Traffic enforcement shall be accompanied by consistent, ongoing supervisory oversight to ensure that officers do not go beyond the parameters of reasonableness in conducting such activities. 1. Officers shall cause accurate statistical information to be recorded in accordance with departmental guidelines. 2. The deliberate recording of any Inaccurate information regarding a person stopped for investigative or enforcement purposes is prohibited and a cause for disciplinary action, up to and including dismissal. D. Motorists and pedestrians shall only be subjected to investigatory stops or brief detentions upon reasonable suspicion that they have committed, are committing, or are about to commit an infraction of the law. Each time a motorist is stopped or detained, the officer shall radio to the dispatcher the location of the stop, the description of the person detained, and the reason for the stop, and this information shall be recorded. E. If the police vehicle is equipped with a video camera, the video and sound shall be activated prior to the stop to record the circumstances surrounding the stop, and shall remain activated until the person Is released. F. No motorist, once cited or warned, shall be detained beyond the point where there exists no reasonable suspicion of further criminal activity. G. No person or vehicle shall be searched in the absence of a warrant, a legally recognized exception to the warrant requirement as identified in General Order 00.01, Search and Seizure, or the person's voluntary consent. 1. In each case where a search is conducted, information shall be recorded, including the legal basis for the search, and the results thereof. 2. A cursory "sniff' of the exterior of a vehicle stopped for a traffic violation by a police canine may be recorded on the department's canine action report form. TRAINING Officers shall receive initial and ongoing training in proactive enforcement tactics, including training in officer safety, courtesy, cultural diversity, the laws governing search and seizure, and interpersonal communications skills. 1. Training programs will emphasize the need to respect the rights of all citizens to be free from unreasonable government Intrusion or police action. COMPLAINTS OF RACIAUETHNIC PROFILING Any person may file a complaint with the department if they feel they have been stopped or searched based on racial, ethnic, or gender -based profiling. No person shall be discouraged —51- OPS -17.3 or Intimidated from filing such a complaint, or discriminated against because they have filed such a complaint. 1. Any member of the department contacted by a person, who wishes to file such a complaint shall refer the complainant to a Watch Supervisor who shall provide them with a departmental or PCRB complaint form. The supervisor shall provide information on how to complete the departmental complaint form and shall record the complainants name, address and telephone number. 2. Any supervisor receiving a departmental complaint form regarding racial /ethnic profiling, shall forward it to the Commanding Officer Field Operations and all such complaints shall be reviewed and the complaint acknowledged in writing. The complainant shall be informed of the results of the department's review within a reasonable period of time. The report and the reviewer's conclusion shall be filed with the Chief of Police, and shall contain findings and any recommendations for disciplinary action or changes in policy, training, or tactics. 3. Supervisors shall review profiling complaints, as well as periodically review a sample of in-car videotapes of stops of officers under their command. Additionally, supervisors shall review reports relating to stops by officers under their command, and respond at random to back officers on vehicle stops. 4. Supervisors shall take appropriate action whenever it appears that this policy is being violated. REVIEW 1. On an annual basis or as requested by the Chief of Police, the Commanding Officer Administrative Services, shall provide reports to the Chief of Police with a summary of the sex, race, and/or ethnicity of persons stopped. 2, if it reasonably appears that the number of self - initiated traffic contacts by officers has unduly resulted in disproportionate contacts with members of a racial or ethnic minority, a determination shall be made as to whether such disproportionality appears department wide, or is related to a specific unit, section, or individual. The commander of the affected unit, section, or officer shall provide written notice to the Chief of Police of any reasons or grounds for the disproportionate rate of contacts. 3. Upon review of the written notice, the Chief of Police may direct additional training towards the affected units/sections or to individual officers. 4. On an annual basis, the department may make public a statistical summary of the race, ethnicity, and sex of persons stopped for traffic violations. 5. On an annual basis, the department may make public a statistical summary of all profiling complaints for the year, including the findings as to whether they were sustained, not sustained, or exonerated. B. If evidence supports a finding of a continued ongoing pattern of racial or ethnic profiling, the Chief of Police may Institute disciplinary action up to and including termination of employment of any involved individual offioer(s) and /or their supervisors. WARNING R. J. Winkelhake, Chief of Police t5a - OPS47.4 This directive is for departmental use only and does not apply in any criminal or civil proceeding. The department policy should not be construed as a creation of a higher legal standard of safety or care in an evidentiary sense with respect to third -party claims. Violations of this directive will only form the basis for departmental administrative sanctions. _52- APPENDIX B Iowa City Police Contact Sheet 01 5% IOWA CITY POLICE CONTACT SHEET Moving Violation Use of Force Equipment or Registation Violation None Criminal Offense i-f Other Violation Passenger 0 0 1 1 2 2 3 3 44 5 5 7T 8 8 9 9 0 0 1 1 2 2 3 3 44 5 5 6 6 7-7 8 8 8 9 Male Female Unknown Iowa City Johnson County Other County Out of State Other Iowa BNon-Iowa month day year minute 0 0 0-0-0-0 0 0 Consent Search Requested? ®Yes ®Vehicle No Person 1 1 1 1 1 1 1 1 2 2 2 2 2 2 2 3 3 3 3 3 3 3 3 3 RaiCaucasian Caucasian Black/Negro/African American AsiarVPacific Islander Spanish/LatinotHispanio Native American Indian Other 444444 444 5 5 5 5 5 5 5 5 5 Type of Search Consent Officer Safety Incident to Arrest Probable Cause 6 6 6 6 6 6 767 7 8 9 7 8 9 777777 8 818 8 8 8 9 9 9 9 8 9 Moving Violation Use of Force Equipment or Registation Violation None Criminal Offense Driver Other Violation Passenger Call for Service-Suspect Deso.Nehicle Dew. Pre-existing knowledge or information Special Detail CPU CO tm WIW.7Ua Citation IOWA CITY POLICE CONTACT SHEET Narcotics Evidence Date of Contact Time Badge Age Driver Info Resident Vehicle Registration Male Iowa City Iowa Female Johnson County BNon4owa month da ear hour minute Unknown Other County 00 010m, EIEJ VU 0 0 0 0 0 0 Out of State Consent Search 1 1 1 1 1 1 1 1 Other Requested? 2 2 2 2 2 2 2 2 Yes Vehicle 3 3 3 3 3 3 3 Race/Ethnicity 8No BPerson 4 4 4 4 4 4 4 Caucasian 5 5 5 5 5 5 5 Black/Negro/AfricanAmerican T of Search 6 6 6W 6 6 Asian/Pacific Islander Consent UUM 7 7 7 7 7 7 SpanisFJLatiro/Hispanic Officer Safety 8 8 8 8 8 8 Native American Indian Incident to Arrest 9 9 9 9 9 9 Other Probable Cause Unknown Reason for Contact? Property Seized Moving Violation Use of Force? Outcome None Equipment or Registation Violation None No Action Alcohol Criminal Offense Driver Citation Weapons Other Violation Npassenger Arrest Currency Call for Service - ,Suspect Desc.Nehicle Desc. Warning Narcotics Pre-eAsting knowledge or information Field Interview Evidence Special Detail Other Other Comments H u add an comments to the area listed below, you must darken the circle to the left. u;pd aheel.ba Mar -01 000aoo 0000Qo 01313 Elm �OQQ�� oara000 -56- T fU nO SU O O m n O O C d O J O F� O m (D N i lN�if F m�. 7 0 1 �l i j WN Ms F F 1 J � n a o � F iN rW, �N �p9 F � Iowa City Press Citizen 09/10/2012, Page AO1 Submitted by Committee Member Roberts City bus route changes: `It's a win -win' Routes altered to help out students Officials, residents work to solve issues brought up last spring By Lee Hermiston Iowa City Press- Citizen City and school officials say changes made to the eastside bus loop is not only beneficial to students who take city buses home from school, but also an example of the city responding to the concerns of its citizens. Up until this semester, students at City High and South East Junior High who relied on the PM East Side Bus Loop to get home from school each afternoon faced long waits for the bus and lengthy bus rides home, said Chris O'Brien, director of transportation services for the city. "There used to be a really long wait at City High and South East," O'Brien said. "They weren't able to board at City High until 3:48 p.m. What it used to do was pick up at South East and then pick up at City High. If you lived south of Highway 6, it was a long bus ride." A side effect of that problem was some students opted to take a different bus to downtown Iowa City and transfer to another bus at the Sycamore Mall stop. Business owners at the Old Capitol Town Center downtown and citizens who passed by the stop raised concerns about rowdiness occurring among the students waiting for the bus. "They would end up downtown for bus transfers and that's where the problems were happening," Iowa City Police Sgt. Denise Brotherton said. The problems at the stop led police to increase their presence around the mall and the city to put supervisory staff on the bus to quell disruptions. Ultimately, the various issues with the bus route caught the attention of Valerie Kemp at the Broadway Neighborhood Center. Marcia Bollinger, neighborhood services coordinator for the city, said Kemp worked with Americorps students to survey bus riders. Once they got a sense of what the issues were, they brought them to the city, O'Brien said. Based on those suggestions, the city made a number of changes to the AM and PM routes. The AM route now services areas south of Highway 6 and west of Sycamore Street. However, it's the PM route that has undergone the biggest changes. "We completely reversed the route," O'Brien said, noting bus arrival times coincide more closely with release times.. Neighborhoods south of Highway 6 and west of Sycamore Street serviced by the AM loop also are served by the PM loop. The bus now picks up at the Regina Catholic Education Center at 3:20 p.m., City High at 3:25 p.m. and South East Junior High at 3:31 p.m. For students who live east of Scott Boulevard, the city created an Eastside Express route that picks up on Court Street and goes out to Arlington Drive. "I think it's an improvement," City High Principal John Bacon said. "The times are just more conducive, they just work better. I'm pleased they slid up the departure time. It's just timed nicely." South East Junior High principal Deb Wretman said the changes are an excellent example of students "stepping forward" and voicing their concerns and the city responding to those needs. "It's a win- win," she said. "Thatdoesn'thappenoften." With the weather still warm and relatively dry and fall sports in fill swing, the city and schools don't have a great sense of how the new routes are working out. But they are confident the changes will be positive. "I think a few weeks out, we'll have more information," O'Brien said. "I think anytime you make a route change, there's going to be an impact. You hope it's more positive than negative. Time will tell. On paper, we feel it's a positive change if you have less waiting time, less time on the bus and cover more area." Reach Lee Hermiston at 887 -5413 or lermiston @press- eitizen.com. — .7 I PROPOSED LIST OF RECOMMENDATIONS 9 -27 -12 Police Citizens Review Board Education Process Procedure Authority /power 1 V • -