Definition: Racial profiling: The Law Enforcement-initiated action based on an individual's race, ethnicity, or national origin, rather than on the individual's behavior or on information identifying the individual as having engaged in criminal activity.

Race or Ethnicity: A person's particular descent, including but not limited to Caucasian, African, Hispanic, Asian, or Native American.

1. Officers of the Nederland Police Department are strictly prohibited from engaging in racial profiling.
2. The Nederland Police Department has established a complaint process in which individuals may report suspected incidents of racial profiling by Officers of the Nederland Police Department. This process requires the complainant to file a sworn affidavit as to the Officer's actions, which are believed to have constituted racial profiling. The complaint reporting process will be posted in the foyer of the Nederland Police Department in full view of the public.
3. Departmental investigations concerning reported violations of this directive will be conducted in accordance with established investigative practices and/or the guidelines set forth in Article 23 of the "Articles of Agreement between the City of Nederland and The Nederland Police Officers Association" contract. Any peace officer who is found, after investigation, to have engaged in racial profiling in violation of this policy shall be subject to corrective action, which may include reprimand; diversity, sensitivity or other appropriate training or counseling; paid or unpaid suspension; termination of employment; or other appropriate action as determined by the Chief of Police.
4. In each case where an Officer of the Nederland Police Department issues a citation or the contact results in arrest, the following data will be recorded.
   1. the race or ethnicity of the person detained; and
   2. whether a search was conducted and, if so, whether the person detained consented to the search.
5. Beginning January 1, 2002, the Nederland Police Department will collect information required in section 4 of this directive in order to provide an annual report containing the said data. The report shall be presented to the Mayor and City Council of the City of Nederland each year no later that the first day of March following the reporting year.
6. Officers of the Nederland Police Department will be required to attend all racial profiling training mandated by the rules, policies and laws set forth by the State of Texas and The Texas Commission on Law Enforcement Officer Standards and Education.
7. Each traffic and pedestrian stop made by an officer that is capable of being recorded by mobile video/audio recording, shall be recorded pursuant to the Nederland Police Department Mobile Video/Audio Recording Equipment Policy-Appendix I
8. The Nederland Police Department will inform the public of the racial profiling complaint process. Methods that may be used are the news media, civic presentations, the Internet and public notice being posted in the lobby of the Nederland Police Department.
9. On at least a bimonthly basis, supervisor will randomly review videotapes and recordings to assist in periodic assessment of officer performance, determine whether MVR equipment is being fully and properly used and to identify material that may be appropriate for training; tapes not scheduled for court proceedings or other adversarial or departmental uses shall be maintained for six (6) months.