Resolution 2004-01 RESOLUTION NO.: 04-01
RESOLUTION APPROVING THE UNITED CITY OF YORKVILLE POLICE
DEPARTMENT AMENDED POLICING POLICY/TRAFFIC STOPS STATISTICAL STUDY
WHEREAS, the Mayor and the City Council of THE UNITED CITY OF YORKVILLE
after careful consideration deem it to be in the best interest of the City and the Community to
approve the THE UNITED CITY OF YORKVILLE Police Department Amended Policing
Policy/Traffic Stops Statistical Study; and
WHEREAS,the Mayor and the City Council of THE UNITED CITY OF YORKVILLE
deem it in the best interest of the City to comply with the Illinois Vehicle Code Chapter 11 Article
II Section 212; and
WHEREAS,the Mayor and the City Council of THE UNITED CITY OF YORKVILLE
have carefully considered said Police Department Amended Policing Policy/Traffic Stops
Statistical Study and deem it to be acceptable and beneficial to the City:
NOW THEREFORE BE IT RESOLVED BY THE UNITED CITY OF YORKVILLE:
1. That the City hereby approves the United City of Yorkville Police Department
Amended Policing Policy/Traffic Stops Statistical Study, and the accompanying
narrative text, to be utilized by the United City of Yorkville Police Department until
further review or modification by the City Council.
PASSED AND APPROVED this 27 day of , 2004.
c - r
MAYOR
ATTEST:
ITY C ERK
Law Offices of Daniel J. Kramer
1107A South Bridge Street
Yorkville, Illinois 60560
630.553.9500
Policing Policy
Number: 4.030
Amends: 4.030 (March 25, 2002)
I. Purpose
The purpose of this order is to reaffirm the Yorkville Police
Department's commitment to unbiased policing in all its encounters
between Police Officers and citizens and to reinforce procedures that
serve to maintain public confidence and trust through the provision
of services in a fair and equitable fashion.
II. Policy
It shall be the policy of the Yorkville Police Department to prevent
and prohibit the practice of biased based profiling and any other
discriminatory practice by members of the Yorkville Police
Department.
III. Definitions
Bias-Based Policing: The differential treatment of individuals in the
context of rendering police service based solely on a suspect
classification, such as race, ethnic background, gender, gender
identity, sexual orientation, religion, economic status, age or
cultural background.
IV. Procedure
A. Investigatory Stops/Arrests
1. Bias-Based Policing by any Department personnel is
prohibited. Officers must be able to articulate specific
facts, circumstances and conclusions that support
probable cause or reasonable suspicion for any search or
seizure.
2. No member of the Yorkville Police Department shall
subject any person to search, seizure, detainment,
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citation, arrest or other police action, solely on the basis
of such person's race, ethnic background, gender,
gender identity, sexual orientation, religion, economic
status, age or cultural background.
3. No Officer shall cause any person to be stopped,
detained, searched, cited, arrested or otherwise
subjected to the legal processes without lawful authority
and in compliance with all laws that pertain thereto. All
searches and seizures will be based on the standard of
reasonable suspicion or probable cause as required by
the Fourth Amendment of the United States Constitution
and statutory authority.
4. This order does not prohibit otherwise lawful conduct or
any Officer from engaging in enforcement or
investigative activities where a reasonable suspicion or
probable cause that a crime has, will, or is occurring
exists.
5. Police service will be provided to all persons equally.
6. During a contact, misunderstandings may occur from the
Officer's failure to explain why the contact was made.
During most contacts, the Officer should inform the
detainee of the reason for the contact.
7. Nothing in this section shall limit an Officer's ability to
interview witnesses or discourage routine conversations
with citizens not suspected of an offense.
8. Any member of the Department who observes or is
aware of a violation of this procedure shall immediately
report it to a Supervisor.
B. Authority and Responsibility
1. Supervisors should ensure that personnel assigned
under their Command are familiar with this policy and
comply with its provisions.
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2. Each Supervisor will be responsible for continually
monitoring and examining all areas of police actions and
activities under their purview to ensure that this order is
being followed and to discover any indications or Bias-
Based Profiling.
3. Supervisors shall receive all citizen complaints or
allegations of Bias-Based Profiling on the part of Officers
under their command and forward such information in
writing in compliance with the Yorkville Police
Department's procedures covering citizen complaints
and internal investigations.
4. Personnel shall not discourage citizens from filing
complaints and should avoid any actions that could be
interpreted to constitute intimidation, coercion, or
threatened or actual retaliation against citizens to
discourage or prevent them from filing complaints.
5. All complaints of Bias-Based Profiling shall be fully
investigated pursuant to the Yorkville Police
Department's standard operating procedures governing
citizen complaints and internal investigations.
6. Any employee who believes there is, or is made aware of
any violation of this order, will immediately contact their
Supervisor.
C. Reporting Requirements
1. The Lieutenant will be kept informed on the status of
each investigation.
2. All complaints and a record of the disposition or finding
of any investigation will be maintained by the
Lieutenant.
3. The Lieutenant will submit an annual report to the Chief
of Police which will include, but is not limited to:
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a. Listing all complaints
b. Explanation of any action(s) taken
C. Recommending training needs
d. Recommending policy changes.
D. Training
1. All Officers will receive initial cultural diversity training,
including racial and ethnic sensitivity training, and
uniform and non-discriminatory enforcement of the
Illinois Vehicle Code at the basic recruit training
academy.
2. All Police Department personnel shall receive training
and periodic review on the prohibition of profiling,
including the review of this General Order. This training
and continuing education shall include, but is not limited
to, an emphasis on the fact that the primary purpose of
enforcement of the Illinois Vehicle Code is safety and
equal and uniform enforcement under the law.
3. Appropriate discipline shall be implemented for non-
compliance of this order including, but not limited to,
additional diversity and sensitivity training.
E. Discipline
1. Any member who is found to have engaged in biased-
based profiling or discrimination shall be subject to
discipline, up to and including dismissal.
2. Failure to report any observed or known violation of this
order by any police department employee shall be
subject to discipline, up to and including dismissal.
F. Traffic Documentation
1. Pursuant to 625 ILCS 5/11-212 the following information
shall be recorded when whenever a Law Enforcement
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Officer issues a uniform traffic citation or warning
citation for an alleged violation of the Illinois Vehicle
Code.
a. Name, address, gender, and the Officer's
subjective determination of the race of the person
stopped; the person's race shall be selected from
the following list: Caucasian, African-American,
Hispanic, Native American/Alaska Native, or
Asian/Pacific Islander.
b. Alleged traffic violation that led to the stop of the
motorist.
C. Make and year of the vehicle stopped.
d. Date and time of the stop.
e. Location of the traffic stop.
f. Whether or not a search contemporaneous to the
stop was conducted of the vehicle, driver,
passenger, or passengers; and if so whether it was
with consent or by other means.
g. Name and badge number of the issuing Officer.
2. Pursuant to 625 ILCS 5/11-212 the following information
shall be recorded whenever a Law Enforcement Officer
stops a motorist for an alleged violation of the Illinois
Vehicle Code and no traffic citations or warnings are
issued, the Officer shall complete a uniform stop card, as
provided for in paragraph G, containing the following
information:
a. Name, address, gender and the Officer's subjective
determination of the race of the person stopped;
the person's race shall be selected from the
following list: Caucasian, African-American,
Hispanic, Native American/Alaska Native, or
Asian/Pacific Islander.
b. Reason that led to the stop of the motorist.
C. Make and year of the vehicle stopped.
d. Location of the traffic stop.
e. Whether or not a search contemporaneous to the
stop was conducted of the vehicle, driver,
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passenger, or passengers; and if so, whether it
was with consent or by other means.
f. Name and badge number of the issuing Officer.
G. Records
Every law enforcement agency shall, by March 1, 2004
through 2007, compile the data described in Section F on the
standardized Law Enforcement compilation form provided by
the Illinois Department of Transportation (IDOT) and transmit
such data to the department.
V. Compliance
It is the responsibility of all Officers, Supervisors, and
Administrative Personnel to comply with all sections of this
directive.
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