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02-25-2003 (City Council) Agenda Packet NOTICE OF MEETING WYLIE CITY COUNCIL AGENDA TUESDAY, FEBRUARY 25, 2003 6:00 p.m. Wylie Municipal Complex—Council Chambers/Council Conference Room 2000 State Highway 78 North Wylie,Texas 75098 Action Taken CALL TAD ORDER::.. • 1k VO AT` IIE3 c PLE OF ALLEGI C °:: WISD Character Education Recognition of Star Students for demonstrating the character trait of"Honesty". • Proclamation recognizing March as Red Cross Month • Proclamation recognizing Darin Burks for his work in beautifying the median at Kreymer and Highway 78. cFI'I EI S:: TI I A O CONSE T A E A ;A 1.Matters listed.under the:Consent Agenda are considered to be routine by th+e City Council and! will been ted by Erne Sion. There ii not be separate discuss on:o'these ms. if:;r scu: is desired.;that ite :: `ll e n c ged rnm the.:Consent?Agenda.and welt be c s dered separately. A. Approval of the Minutes from the Regular Meeting of February 11,2003. B. Consider and act upon accepting the resignation of Councilman Joel Scott. C. Consider and act upon approving a contract for election services between the City of Wylie and the Collin County Elections Administration for the May 3,2003 Municipal Election. D. Consider and act upon approving a Resolution ordering a Special Election in conjunction with the General Election to be held jointly with the Wylie Independent School District on May 3, 2003 for the purpose of electing two members, Place 2 and 4, to the Wylie City Council to fill expired terms; and to elect one member to fill an unexpired term for Place 1. E. Consider and act upon a Preliminary Plat for the Wyndham Meadows Addition, being all of a certain 12.45 acre tract of land, generally located north of Brown Street and east of Eubanks Lane, and being part of that tract of land described in a Leed to Riverbend RV Park in Volume 4751,Page 2469 of the Deed Records of Collin County,Texas(DRCCT) and part of that tract of land described in a deed to Bobby C. Beilue as recorded in County Clerk's File No. 92-0036204 of the DRCCT,and being situated in the Francisco De La Piva Survey,Abstract No. 688,City of Wylie,Collin County,Texas. F. Consider and act upon a Final Plat for the Wylie LS.D. Transpc.tation Center Addition, being all of a certain 10.009 acre tract of land, generally locates east of Country Club Road (F.M. 1378) and north of West Brown Street (F.M. 3412),and being all of that tract of land described in a deed to the Wylie Independent School District as recorded in County Clerk's File No. 2001- 027918, Deed Records of Collin County, Texas, and being situated in the Charles Atterbury Survey,Abstract No. 22,City of Wylie,Collin County,Texas. Tabled Item 1. Hold a Public Hearing to consider and act upon a change in zoning from Corridor Commercial(CC)District to Multi-Family Residential(MF)District,generally located north of Centennial Drive between Eubanks Lane and Spring Creek Parkway,being all of a 12.393 acre tract of land described as Lot 1, Block B of the Woodlake Village Addition, City of Wylie,Collin County,Texas. (Zoning Case 2002-14) Public Hearings 2. Hold a public hearing to consider and act upon adoption of the revised Subdivision Regulations. 3. Hold a public hearing to consider and act upon the annual review of the Standards of Care for Youth Programs as adopted by Ordinance 2000-7. Presentation of Report 4. Presentation of the annual report of Wylie Police Department Contact Data (Tier 1) for 2002,as required by the Texas Racial Profiling Law(S.B.No. 1074). gtQEIII I :s .; YLIE IT3: i tg.%;t MC E I,S TOS . .0 In addition to any specifically identified Executive Sessions,Council may convene into Executive Session at any point during the open meeting to discuss any item posted on this agenda. The Open Meetings Act provides specific exceptions that require that a meeting be open. Should Council elect to convene into Executive Session, those exceptions will be specifically identified and announced. Any subsequent action,as a result of this Executive Session, will be taken and recorded in open session. I certify that this Notice of Meeting was posted on this day of , 2003 at 5:00 p.m. as required by law in accordance with Section 551.042 of the Texas Government Code and that the appropriate news media contacted. As a courtesy, this agenda is also posted to the City of Wylie Website at www.ci.wylie.tx.us City Secretary Date Notice Removed The Wylie Municipal Complex is Wheelchair accessible. Sign interpretation or other special assistance for disabled attendees must be requested 48 hours in advance by contacting the City Secretary's office at 972/442-8100 or TD 972/442-8170. ACTION AGENDA FOR THE REGULAR CITY COUNCIL MEETING OF FEBRUARY 25, 2003 AGENDA COUNCIL ACTION/STAFF FOLLOW-UP CALL TO ORDER Mayor Mondy called the meeting to order at 6:00 p.m. INVOCATION&PLEDGE OF ALLEGIANCE Councilman Hogue gave the invocation and Councilman Scott led the Pledge of Allegiance. PROCLAMATIONS&PRESENTATIONS • WISD Character Education Recognition of Star Students for Councilmembers Eric Hogue, Joel Scott, & Merrill Young demonstrating the character trait of"Honesty". presented Star Students with certificates of excellence.PIO will forward certificates to students who were not present and pictures ;ill be posted to the website. • Proclamation recognizing March as Red Cross Month Councilman Hogue read a proclamation recognizing March as Red Cross Month.Mr. Ray Mullins accepted on behalf of Red Cross. • Proclamation recognizing Darin Burks for his work in Councilman Hogue read and presented a proclamation to Darin beautifying the median at Kreymer and Highway 78. Burks recognizing his work in beautifying the median at Hwy. 78 and Kreymer Lane.Mr.Burks was present to accept. CITIZENS PARTICIPATION There was no citizen participation. CONSENT AGENDA All matters listed under the Consent Agenda are considered to be Council removed Item B from the Consent Agenda. routine by the City Council and will be enacted by one motion. There Councilman Worley made a motion seconded by Councilman will not be separate discussion of these items.If discussion is desired, Trout to approve the Consent Agenda with a 6-1 vote, that item will be removed from the Consent Agenda and will be Councilman Scott abstaining. considered separately. A. Approval of the Minutes from the Regular Meeting of City Secretary will execute minutes and post to website. February 11,2003. B. Consider and act upon accepting the resignation of After Council comments on Mr. Scott's resignation, Councilman Joel Scott. Councilman Worley made a motion to approve, seconded by Councilman Young with a vote of 7-0. C. Consider and act upon approving a contract for election City Secretary will forward Election Contract to WISD for services between the City of Wylie and the Collin County signatures and to Collin County to execute. Elections Administration for the May 3, 2003 Municipal Election. D. Consider and act upon approving a Resolution ordering a City Secretary will execute Resolution No. 2003-06 and Post Special Election in conjunction with the General Election to Notice of Election to Posting Board. be held jointly with the Wylie Independent School District on May 3,2003 for the purpose of electing two members,Place 2 and 4, to the Wylie City Council to fill expired terms; and to elect one member to fill an unexpired term for Place 1. E. Consider and act upon a Preliminary Plat for the Wyndham Cite Planner will notify developer of approval and continue Meadows Addition, being all of a certain 12.45 acre tract of process. land, generally located north of Brown Street and east of Eubanks Lane,and being part of that tract of land described in a deed to Riverbend RV Park in Volume 4751,Page 2469 of the Deed Records of Collin County, Texas (DRCCT) and part of that tract of land described in a deed to Bobby C. Beilue as recorded in County Clerk's File No. 92-0036204 of the DRCCT, and being situated in the Francisco De La Pina Survey, Abstract No. 688, City of Wylie, Collin County, Texas. ACTION AGENDA FOR THE REGULAR CITY COUNCIL MEETING OF FEBRUARY 25, 2003 AGENDA COUNCIL ACTION/STAFF FOLLOW-UP F. Consider and act upon a Final Plat for the Wylie I.S.D. City Planner will notify developer of approval and continue Transportation Center Addition, being all of a certain 10.009 process. acre tract of land, generally located east of Country Club Road (F.M. 1378) and north of West Brown Street (F.M. 3412), and being all of that tract of land described in a deed to the Wylie Independent School District as recorded in County Clerk's File No. 2001-027918,Deed Records of Collin County, Texas, and being situated in the Charles Atterbury Survey,Abstract No.22,City of Wylie,Collin County, Texas. INDIVIDUAL CONSIDERATION 1. Hold a Public Hearing to consider and act upon a change in Councilman Worley made a motion to deny this request zoning from Corridor Commercial (CC) District to Multi- seconded by Councilman Young with a vote of 6-1, Family Residential (MF) District, generally located north of Councilwoman Allen in opposition. Centennial Drive between Eubanks Lane and Spring Creek Parkway, being all of a 12.393 acre tract of land described as Lot 1, Block B of the Woodlake Village Addition, City of City Planner will notify applicant of procedure. Wylie,Collin County,Texas. (Zoning Case 2002-14) Councilman Scott made a motion to approve seconded by 2. Hold a public hearing to consider and act upon adoption of Councilman Worley with a vote of 7-0. City Planner will the revised Subdivision Regulations. implement revised Subdivision Regulations. Councilman Young made a motion to approve seconded by 3. Hold a public hearing to consider and act upon the annual Councilman Worley with a vote of 7-0. Parks & Recreation review of the Standards of Care for Youth Programs as Department will implement approved Standards of Care for adopted by Ordinance 2000-7. Wylie Wave Program. No Council action was necessary on this item. The Police 4. Presentation of the annual report of Wylie Police Department Department is in compliance with SB 1074 with the timely Contact Data (Tier 1) for 2002, as required by the Texas presentation of this report.No further action is needed. Racial Profiling Law(S.B.No. 1074). READING OF ORDINANCES TITLE&CAPTION APPROVED No Ordinances were approved. BY COUNCIL AS REQUIRED BY WYLIE CITY CHARTER, ARTICLE HI,SECTION 13-D. ADJOURNMENT Council adjourned at 6:48 p.m. MINUTES Wylie City Council Tuesday, February 11, 2003 — 6:00 p.m. Wylie Municipal Complex— Council Chambers 2000 State Highway 78 North CALL.TO RDE t:::: Mayor Mondy called the meeting to order at 6:00 p.m. with the following Council members present; Councilman Joel Scott, Councilman Eric Hogue, Councilman Merrill Young, Mayor Pro Tem J.C. Worley, and Councilman Chris Trout. Councilwoman R.eta Allen was absent. The following staff members were also present; City Manager, Biff Johnson; Assistant City Manager, Mindy Manson; Finance Director, Brady Snellgrove; City Engineer, Chris Hoisted; Planning Director, Claude Thompson; Public Information Officer, Mark Witter; and Interim City Secretary, Aimee Nemer. Reverend Michael Frick of Faith Lutheran Church, Wylie gave the invocation. Councilman Trout led the Pledge of Allegiance. ' OCLAI A`7C IOrSS.&PRESENTA<TION • Proclamation for Student Government Day 2003 Mayor Mondy and Student Mayor Garrett Coles from Wylie High School read the proclamation declaring February 12, 2003 as Student Government Day. C T.IZENS PARTI 'A�TI[£?I'kT....' There was no citizen participation. ON EN r AGE DA onsentt::. en da::ar:e::considereri:::to he:rout :::b.:lb :C.. : ou :and:wi'll.:�a ena ted l �:ll:;:��tt�rs::i�sl:::u�rd;�>F'tb�e�...............:.. :::::::::::::::::::::::::::::::::::::::::::::::::.::::::::::::::::::.y.:: :....:.. '..........:....::: ; ::::::: : :::::::::._:_*. o.::: *il:*k15*s gate:discus$i#kOf: es E':it.*104:scuds*t;:ts::des�:re!l:<that::items:W#li;;.'kgiivv.:::.:;;eum: pne#pat ... . 'Tt#��' ::: .;:. ..::..:�' ;.. ;::: ;: the Ci sent Agenda and 1:1,e co idered separately ::: A. Approval of the Minutes from the Regular Meeting of January 28, 2003. B. Consider and act upon approval of a Resolution acknowledging the adoption of the Parks, Recreation and Open Space Master Plan. C. Consider and act upon a resolution authorizing the Mayor to enter into an interlocal agreement with the Collin County Commissioners Court to include the City of Wylie and its extraterritorial jurisdiction in the Collin County Environmental Health Care Services program. D. Consider and act upon a request from the Wylie High School Girls Softball Program to sell concessions at Founders Park and Community park for the Tanya Jo Thompson Memorial Softball Tournament in March 2003. Minutes—February 11,2003 Wylie City Council Page 1 E. Consider and act upon approval of final acceptance of the 12-inch water line along Sanden Boulevard and authorize final payment to Morro,'. Construction Co., in the amount of $1,855.15 and accept the project as complete. F. Consider and act upon approval of final acceptance of the sewer line replacements in the alley's between Ballard and Jackson, First and Second, Second and Third, Fourth and Hilltop and Masters and Oak and authorize final payment to Cullum Pipe Systems, in the amount of $33,217.32 and accept the project as complete. G. Consider and act upon a Final Plat for the Bozman Farm Estates Phase 1 Addition, being a certain 94.573 acre tract of land generally located south of Stone Road and east of F.M. 544, being part of the 475.80 acre Planned Development 2002-21, and being all of the 60.026 acre tract of land described in a deed to Bozman Farm Development, Ltd., recorded in Volume 5143, Page 3316 of the Deed Records of Collin County, Texas (DRCCT), and being a part of the 359.660 acre tract of land described in a deed to Bozman Farm Development, Ltd., recorded in Volume 5085, Page 2320 of the DRCCT, and being a part of the 5.80 acre tract of land described in a deed to Charlane C. Dew, recorded in Collin County Clerk's File No. 93- 0039229 of the DRCCT, and being situated in the Allen Atterberry Survey, Abstract No. 23 and the Aaron West Survey, Abstract No. 979, City of Wylie, Collin County, Texas. Council Action Councilman Scott made a motion to approve the consent agenda with one correction to Item A -January 28, 2003 Minutes, Item 6 — change motion to reflect that it was called by Councilman Worley. Councilman Hogue seconded the motion to approve the consent agenda. A vote was taken and passed 6-0, with Councilwoman Allen absent. . O SF.SSSIOI Council adjourned into Work Session at 6:12 p.m. • Revisions to Subdivision Regulations Staff Comments Mr. Claude Thompson addressed Council in Work Session regarding procedural changes to the Subdivision Regulations. He stated that site plans will now be required with the submission of the plats. Mr. Thompson clarified that this was already part of the Planning Department procedure and now it is codified in the Subdivision Regulations. He reminded CoLicil that the revisions to the Subdivision Regulations are scheduled for Public Hearing on February 25., 2003. Council Discussion Councilman Worley clarified that a developer could submit a conceptual drawing prior to the submission of plats. Mr. Thompson stated that this process was already in place and that the Planning Department uses this step to make the process more user-friendly. Ms. Manson stated that this step allows the Planning Department to be more thorough from the beginning of the process. Mayor Mondy inquired if this process would create more problems. Mr. Johnson explained that this step allows staff to communicate more effectively with the developer on the desires and requirements of the City. Mr. Thompson explained the process of pre-submittal meetings to Council. He stated that the process eliminates the time constraints on Council approvals. Minutes—February 11,2003 Wylie City Council Page 2 Councilman Scott inquired if a Planned Development or Special Use Permit would take longer in the process. Mr. Johnson stated that those should not be affected. Councilman Trout inquired about drainage easements and if improvements were required. Mr. Chris Hoisted stated that this would be addressed as an engineering issue. There was some clarification on the `vacating of plats' and how that was processed. Mr. Thompson explained that a plat under 5 acres could be vacated. He expLined that any vacated plats are required to be recorded with the County and that the original plat is stamped"vacated"to ensure future developers receive accurate information. There was no further discussion on this item. • Signage at Municipal Complex This discussion was to update and seek input from Council concerning murals being painted at various locations inside and/or outside the Municipal Complex. The discussion was tabled to a future Work Session. With no further action,the Council was adjourned at 6:40 p.m. John Mondy,Mayor ATTEST: City Secretary Minutes—February 11,2003 Wylie City Council Page WYLIE CITY COUNCIL AGENDA ITEM NO. 6, February 25, 2003 Issue Consider and act upon accepting the resignation of Councilman Joel Scott. Background Councilman Joel Scott has submitted a letter resigning from his position effective April 2003. Councilman Scott currently fills Place 1 which has 1 year left on the term. In consultation with the City Attorney and the Collin County Elections Administrator, the process at this point would be for the City Council to accept the resignation and call for a Special Election. Other Considerations N/A Financial Consideration N/A Board/Commission Recommendations N/A Staff Recommendations N/A Attachments Letter from Councilman Scott Pre ed by Re i we by na ce City M pproval Honorable Mayor and City Council Members, I have been privileged to serve for eight years with you on this Council. Together, we have accomplished much for our community and it's citizens. I am tendering my resignation from Place 1 on the Council to be effective April 30, 2003. I wish each one of you great success as you continue to lead the City of Wylie in the coming years. Most sincerely, Joel Scott WYLIE CITY COUNCIL AGENDA ITEM NO. C . February 25, 2003 Issue Consider and act upon approving a contract for election services between the City of Wylie and the Collin County Elections Administration for the May 3, 2003 Municipal Election. Background For the last seven years the Collin County Elections Administration has been contracted to conduct the Municipal Elections. The Collin County Elections Office has detailed the responsibilities of all entities within the contract and staff has reviewed and found that with the exception of cost, it is as the previous years. City staff has been very pleased with the professional and timely manner of the services provided by the Elections Administrator and staff By conducting jointly with other entities we are able to conduct a cost efficient election by sharing expenses. Financial Consideration The proposed contract states that the estimated contract expense for the 2003 election will be $6850.04. The Collin County Community College will not hold an election this year; therefore the joint election will be between the City and WISD only. The City is required by Texas Constitution to hold a Special Election to fill a vacancy. The Special Election will be held in conjunction with the General Election, therefore will propose no additional costs. The cost of the 2002 General Election was $ 5179.20. There is a provision in the contract that will allow the City to cancel their election pursuant to Section 2.053 (unopposed candidate) of the Texas Election Code, with the City only paying a $75.00 administrative fee. $7,500.00 has been budgeted for the joint elections. Other Consideration Article 2, Section 1 (c) of the Home Rule Charter allows the Council to cooperate with the government of any County for any lawful purpose for the advancement of the interests of its inhabitants. Staff Recommendation Staff recommends approval of the contract. Attachments County Elections Contract ai/M9-1?—eN d P:• Prepared by Revi ed by mance City : i.:'Approval May 3, 2003, General Election Contract for Election Services City of Wylie and Wylie ISD May 3, 2003 Joint General Election Table of Contents I Duties and Services of Contracting Officer II Duties and Services of the City and School District III Cost of Services IV Joint Election Agreement V General Provisions Exhibits Exhibit A Early Voting Schedule and Locations Exhibit B Election Day Polling Locations Exhibit C Cost of Services Exhibit D Joint Election Agreement May 3,2003 Joint General Election—Wylie City and ISD 01/27/03—Page 2 THE STATE OF TEXAS CONTRACT FOR COUNTY OF COLLIN § CITY - SCHOOL WYLIE ELECTION SERVICES BY THE TERMS OF THIS CONTRACT made and entered into by and between the CITY OF WYLIE, hereinafter referred to as the "CITY," and the BOARD OF TRUSTEES OF THE WYLIE INDEPENDENT SCHOOL DISTRICT, hereinafter referred to as the "SCHOOL DISTRICT," and SHARON ROWE, Elections Administrator of Collin County, Texas, hereinafter referred to as "Contracting Officer," pursuant to the authority in Subchapter D, Section 31.091, of Chapter 31, of the Texas Election Code, agree to the following particulars in regard to coordination, supervision and running of the City and School District's May 3, 2003, Joint General Election. THIS AGREEMENT is entered into in consideration of the mutual covenants and promises hereinafter set out. IT IS AGREED AS FOLLOWS: I. DUTIES AND SERVICES OF CONTRACTING OFFICER. The Contracting Officer shall be responsible for performing the fol'owing duties and shall furnish the following services and equipment: A. The Contracting Officer shall arrange for appointment, notification (including writ of election), training and compensation of all presiding judges, alternate judges, the judge of the Central Counting Station and judge of the Early Voting Balloting Board. a. The Contracting Officer shall be responsible for notification of each Election day and Early Voting presiding judge and alternate judge of his or her appointment. The recommendations of the City and the School District will be the accepted guidelines for the number of clerks secured to work in each polling place. The presiding election judge of each polling place, however, will use his/her discretion to determine when additional manpower is needed during peak voting hours. The Contracting Officer will determine the number of clerks to work in the Central Counting Station and the number of clerks to work on the balloting board. Election judges shall be secured by the Contracting Officer with the approval of the City and the School District. May 3,2003 Joint General Election—Wylie City and ISD 01/27/03—Page 3 b. Election judges shall attend the Contracting Officer's school of instruction (Elections Seminar)to be held Wednesday, April 30, 2003, at the Collin County SubCourthouse, 920 E. Park Blvd., Suite 251, Plano, TX at 9:00 A.M. c. Election judges shall be responsible for picking up from and returning election supplies to the county election's warehouse located in Plano. Compensation for this pickup and delivery of supplies will be $25.00. d. The Contracting Officer shall compensate each election judge and worker. Each judge shall receive $10.00 per hour for services rendered. Each alternate judge and clerk shall receive $8.00 per hour for services rendered. B. The Contracting Officer shall procure, prepare, and distribute ballots, frames (ballot pages), election kits and election supplies. a. The Contracting Officer shall secure election kits which include the legal documentation required to hold an election and all supplies including locks, pens, magic markers, etc. b. The Contracting Officer shall secure all tables, chairs, duplication ballots, and legal documentation required to run the central counting station. c. The Contracting Officer shall provide all lists of registered voters required for use on election day and for the early voting period required by law. The election day list of registered voters shall be arranged in alphabetical order by polling place., in lieu of alphabetic by each precinct in each polling place. d. The Contracting Officer shall procure and arrange for the distribution of all election equipment and supplies required to hold an election. May 3,2003 Joint General Election—Wylie City and ISD 01/27/03—Page 4 1. Equipment includes the rental of voting and demonstrator machines, ballot boxes, transfer cases, voting signs, directional poles and tote boxes. 2. Supplies include punch card ballots, sample ballots, early voting mail ballots, demonstrator ballots, pens, tape, markers, etc. C. The Contracting Officer, Sharon Rowe, shall be appointed the Chief Deputy Early Voting Clerk by the City and the School District. a. The Contracting Officer shall supervise and conduct Early Voting by mail and in person and shall secure personnel to serve as Early Voting Deputies. b. Early Voting by personal appearance for the City and School District's May 3, 2003, Joint General Election shall be conducted during the time period and at the locations listed in Exhibit"A", attached and incorporated by reference into this contract. c. All applications for an Early Voting mail ballot shall be received and processed by the Collin County Elections Administration Office, 920 E. Park Blvd., Suite 120, Plano, Texas 75074. 1. Application for mail ballots erroneously mailed to the City or School District shall immediately be faxed to the Contracting Officer for timely processing. The original application shall then be forwarded to the Contracting Officer for proper retencion. 2. All Federal Post Card Ap^.licants (FPCA) will be sent a mail ballot. No postage is required. d. All Early Voting ballots (those cast by mail and those cast by personal appearance) shall be prepared for count by the Early Voting Ballot Board in accordance with Section 87.000 of the Texas Election May 3,2003 Joint General Election—Wylie City and ISD 01/27/03—Page 5 Code. The presiding judge of this Board shall be appointed by the Contracting Officer. The Board shall meet for preparation of the early voting ballots on Wednesday, April 30, 2003, at 9:00 A.M. They will recess and continue the preparation process and begin tabulation after the mail is received on Saturday, May 3, 2003, at 2:00 P.M. D. The Contracting Officer shall arrange for the use of all Election Day polling places. The City and School District shall assume the responsibility of remitting the cost of all employee services required to provide access, provide security or provide custodial services for the polling locations. The Election Day polling locations are listed in Exhibit "B", attached and incorporated by reference into this contract. E. The Contracting Officer shall be responsible for establishing and operating the Central Counting Station to receive and tabulate the voted ballots in accordance with Section 127.001 of the Election Code and of this agreement. Counting Station Manager and Central Count Judge shall be Sharon Rowe. The Tabulation Supervisor shall be Patty Seals and paid as a contract expense. a. The tabulation supervisor shall prepare, test and run the county's tabulation system in accordance with statutory requirements and county policies, under the auspices of the Contracting Officer. b. The Public Logic and Accuracy Test of the electronic voting system shall be conducted on Thursday, May 1, 2003, at 2:00 P.M., by the Contracting Officer. c. Election night reports will be available to the City and School District at the Central Counting Station on election night. d. The Contracting Officer shall prepare the unofficial canvass report after all precincts have been counted, and will provide a copy of the unofficial canvass to the City and School District as soon as possible after all returns have been tallied. e. The Contracting Officer shall be appointed the custodian of the voted ballots and shall retain all election material for a period of 60 days. May 3,2003 Joint General Election—Wylie City and ISD 01/27/03—Page 6 1. Pending no litigation and as prescribed by law, the voted and unused ballots shall be shredded 60 days after the election. 2. The City and School District can obtain the list of registered voters from the Elections Administration Office after this 60-day retention period. Pending no litigation and if the City or School District does not request the lists, the Contracting Officer shall destroy them 90 days after the election. f. The Contracting Officer shall conduct a manual count as prescribed by Section 127.201 of the Texas Election Code and submit a written report to the City and School District in a timely manner. The Secretary of State may waive this requirement. If applicable, a written report shall be submitted to the Secretary of State as required by Section 127.201(E) of the aforementioned code. H. DUTIES AND SERVICES OF THE CITY AND SCHOOL DISTRICT. The City and School District shall assume the following responsibilities: A. The City and School District shall prepare the election orders, resolutions, notices,justice department submissions, official canvass and other pertinent documents for adoption by the appropriate office or body. The City and School District assumes the responsibility of posting all notices and likewise promoting the schedules for Early Voting and Election Day. B. The City and School District shall provide the Contracting Officer with an updated map and street index of their jurisdiction in an electronic or printed format. C. The City and School District shall procure and provide the Contracting Officer with the ballot layout and Spanish interpretation. a. The City and School District shall deliver to the Contracting Officer as soon as possible, but no later than Friday, March 21, 2003, the official wording for the City and School District's May 3, 2003, Joint General Election. May 3,2003 Joint General Election—Wylie City and ISD 01/27/03—Page 7 b. The City and School District shall approve the "blue line" ballot format prior to the final printing. D. The City and School District shall post the publication of election notice by the proper methods with the proper media. E. The City and School District shall prepare and submit to the U. S. Department of Justice under the Federal Voting Rights Act of 1965, any required submissions on voting changes. F. The City and School District shall compensate the Contracting Officer for any additional verified cost incurred in the process of running this election or for a manual count this election may require, consistent with charges and hourly rates shown on Exhibit "C" for required services. G. The City and School District shall pay the Contracting Officer 90% of the estimated cost to run the said election prior to Friday, March 21, 2003. The Contracting Officer shall place the funds in a "contract fund" as prescribed by Section 31.100 of the Texas Election Code. The Deposit should be delivered within the mandatory time frame to: Collin County Treasury 920 E. Park Blvd., Suite 120 Plano, Texas 75074 ATTN: Patty Seals Deputy Elections Administrator H. The City and School District shall pay the cost of conducting said election, less partial payment, including the 10% administrative fee, pursuant to the Texas Election Code, Section 31.100, within 30 days from the date of final billing. M. Cost of Services. See Exhibit "C." IV. Joint Election Agreement. See Exhibit `D." V. General Provisions. May 3,2003 Joint General Election—Wylie City and ISD 01/27/03—Page 8 A. Nothing contained in this contract shall authorize or permit a change in the officer with whom or the place at which any document or record relating to the City and School District's May 3, 2003, Joint General Election is to be filed or the place at which any function is to be carried out, or any nontransferable functions specified under Section 31.096 of the Texas Election Code. B. Upon request, the Contracting Officer will provide copies of all invoices and other charges received in the process of running said election for the City and School District. C. If the City and/or School District cancel their election pursuant to Section 2.053 of the Texas Election Code, the Contracting Officer shall be paid a contract preparation fee of$75. An entity canceling an election will not be liable for any further costs incurred by the Contracting Officer in conducting the May 3, 2003, Joint General Election. All actual shared costs incurred in the conduct of the election will be divided by the actual number of entities contracting with the Contracting Officer and holding a May 3, 2003, Joint General Election. D. The Contracting Officer shall file copies of this contract with the County Judge and the County Auditor of Collin County, Texas. May 3,2003 Joint General Election—Wylie City and ISD 01/27/03—Page 9 WITNESS BY MY HAND THIS THE DAY OF 2003. Sharon Rowe Elections Administrator Collin County, Texas WITNESS BY MY HAND THIS THE DAY OF 2003. Attested: Aimee Nemer Anthony Johnson Acting City Secretary City Manager City of Wylie, Texas City of Wylie, Texas WITNESS BY MY HAND THIS THE DAY OF 2003. Attested: John Simmons Dr. H. John Fuller Assistant Superintendent Superintendent for Business and Finance Wylie Independent School District Wylie Independent School District Wylie, Texas Wylie, Texas May 3,2003 Joint General Election—Wylie City and ISD 01/27/03—Page 10 Exhibit"B" MAY 3, 2003, JOINT GENERAL ELECTION City of Wylie and Wylie ISD Election Day Polling Locations • Preciaets Location Ad res ' Cit•y 25, 125, 144 Southfork Mobile Home 216 Southfork Wylie Center 27, 33, 41, 56, 83, 133 Wylie Bible Church 109 W. Jefferson Wylie May 3,2003 Toint General Election—Wylie City and ISD 01/27/03—Page 12 Exhibit"A" MAY 3, 2003, JOINT GENERAL ELECTION City of Wylie and Wylie ISD Early Voting Locations and Hours Collin County SubCourthouse 920 E. Park, Suite 120 Plano (Main Early Voting Location) Wylie Municipal Building 2000 N. Hwy 78 Wylie Sunda Monda Tuesday::::::•::••• • •Wednesdoy--:-:Thursday:••• •• Friday Saturday••:. April 13 April 14 April 15 April 16 ,4pril 17 .April 18 .,4pril 19 8am-5pm 8am-5pm Good Friday No Voting April 20 April 21 April 22 April 23 April 24 April 25 April 26 8am-5pm 8am-5pm 8am-5pm Sam-7pm 8am-5pm 8am-5pm April 27 April 28 April 29 April 30 May 1 May 2 May 3 8am-5pm Sam-5pm 7am-7pm ELECTION DAY May 3,2003 Joint General Election-Wylie City and ISD 01/27/03-Page 11 Exhibit"D" JOINT ELECTION AGREEMENT between The City Council of the City of Wylie,Texas(the City)and the Board of Trustees of the Wylie Independent School District(the School). BY THE TERMS OF THIS AGREEMENT,the City and the School do hereby agree,pursuant to the provisions of the Texas Election Code,to hold a joint election of the General Election of the City and General Election of the School District to be held on Saturday,May 3, 2003. All entities have contracted with the Collin County Elections Administrator(Election Administrator)to perform various duties and responsibilities on behalf of the two entities. The two entities shall share equally in the expense of the polling locations, election officials, supplies, ballots and other and all necessary expenses for the election upon receipt of satisfactory billing and invoices reflecting the total of such election. An entity canceling an election pursuant to Section 2.053 of the Texas Election Code will not be liable for costs incurred by the Elections Administrator in conducting the May 3, 2003,Joint General Election;they will be liable only for the contract preparation fee of$75.00. APPROVED BY THE CITY COUNCIL OF THE CITY OF WYLIE,TEXAS in its meeting held the day of ,2003,and executed by its authorized representative. By: Attest: John Monday,Mayor Aimee Nemer,Acting City Secretary APPROVED BY THE TRUSTEES OF THE WYLIE INDEPENDENT SCHOOL DISTRICT in its meeting held the day of ,2003,and executed by its authorized representative. By: Attest: Dr. H. John Fuller, Superintendent John Simmons Wylie Independent School District Assistant Superintendent for Wylie, Texas Business and Finance Wylie Independent School District Wylie, Texas ESTIMATED CONTRACT COSTS FOR CITY OF WYLIE Exhibit"C' SUPPLY COST c,i Number of Early Voting Locations 2 o Number of Election Day location! 2 a 'Units Cost WCTY Units WCTYNyTSD Punch Card Ballots $fib_00 per M 500 $34.00 2000 $136.00 Sample Ballots $1.10 each 2D $22.00 40 $44.00 Early Voting Mail Ballots $120 each 10 $12.00 30 $36.00 Demonstrator Ballots $5.00 per C 50 $2.50 500 $25.00 Frames(Ballot Pages) $15.00 each 3 $45.00 7 $105.00 Early voting and election day kits $25.00 each 0 $0.00 3 $75.00 Central Counting kit and supplies $50.00 each 0 $0,00 1 $50.00 o County Precinct Maps $12.00 each 0 $0.00 3 $311.00 o Ballot Style Setup by the Printer $100.00 each 1 $100.00 1 $100. Printer Labels for EV $60.00 each 0 $0.00 1 Co:. . $60.0D Total $215.50 $567.00 Number of Entities Sharing Costs , . I . 2 SubTotal $215.50 $333.50 Grand Total $549.00 0 N EQUIPMENT RENTAL COST ' Number of Early Voting Locations 2 co co Number of Election Day Location: 2 Lin 'Units Cost WCTY Units Cost WCTYAMSD Voting Machines $30.00 each 3 $9l.00 7 $210. a Transfer Cases $5.00 each 0 $0.00 2 $10.00 Ballot Boxes $5.00 each 0 $0.00 2 $10.00 '-` Metal Signs $1.00 each 0 $0.00 4 $4.00 Wood Signs $2.00 each 0 $0.00 4 $8.00 Large Early Voting Signs $5.00 each 0 $0.00 2 $10.00 o Early Voting Cabinet $50.00 each 0 $0.00 1 $50.0 Demonstrator Voting Machine $5.00 each 0 $0.00 2 $2.00 �' Tote Boot w Early Voting Computer $300.00 each 0 $0.00 1 $300.0 o Total $90.00 $614.09 Number of Entities Sharing Costs 1 ? SubTotal $90.00 $307.00 J O Grand Total $397.00 EARLY VOTING Number of Early Voting Locations 2 Workers each location 4 'Units Cost WCTY Units Cost WCTV1YYIS o•D EV Ballot Board $150.00 each I $150.00 0 $0.00 o Mailed Ballot Kits $1.00 each 3 $3.00 10 $10.00 a Postage for Ballots $0.58 each 2 $1.16 B $4.64 Assemble EV Location $50.00 each 0 $0.00 1 $50.00 Total Judge Hours $10.00 each 0 $0.00 112 $1,120.00 Total AIL Judge&Clerk Hours $8.00 each 0 $0.00 303 $2,424.00 f9 Pickup&Delivery of Supplies $25.00 each 0 $0.00 1 $25.00 L - Total $154.16 $3,633.64 Number of Entities Sharing Costs 1 2 o SubTotal $154.16 $1,816.82 0 N Grand Total S1,9T0.0$ ELECTION DAY cu 4- Number of Election Day Lacabonr 2 Workers each location 4 Units Cost WCTY Units Cost WCTY1WiS Total Judge Hours $10.00 each 0 $0.00 28 $280.00 Total AIL Judge&Clerk Hours $8.00 each 0 $0.00 84 S672.00 s, Pickup&Delivery of Supplies $25.00 each 0 $0.00 2 $50.00 cn Total $0.00 $1,002.00 o!, Number of Entities Sharing Costs 1 2 co SubTotal $0.00 $501.00 N n cn Grand Total $501.00 x im ADMINISTRATIVE EXPENSES Number of Early Voting Locations 2 cn Number of Election Day Location: 2 © Units Cost WCTY Units CostWCTRWIS �- Manual Recount Deposit $60.00 each 0 $0.00 1 $60.00 w Process Paoliworbar Checks $1.50 each 0 $0.00 12 $18.00 Li., Process Election Judge Notices $1.50 each 0 $0.03 6 $9.03 o Total $0.00 $87.00 c' Number of Entities Sharing Costs 1 2 SubTotal $0.00 $43.50 J o Grand Total $43.50 TABULATION Tabulation Network $3,200.00 each o Programming $7,500.00 each Total $10,700.00 PCBT Entities 10 11 Total per Entity $1,070.00 CENTRALIZED COSTS PCBT Entities Cost for Central Count Workert $3,500.00 Notice of Tabulation Test $150.00 Shipping and Handling/Ballot Printer $300.00 Total $3,950.00 Number of PCBT Entities 10 Per Entity $395.00 M1 All Entities RCA on Election Workets $3,500.00 Assemble EV Location $50.do Early Voting Computer in Piano $300.00 Early Voting Personnel in Plano $3,000.00 Printer Labels for Early Voting $60.00 County Overtime and Temporaries $7,500.00 FICA&Retirement for County Employees $1,200.00 Total $15,610.00 Number of Entities 12 Per Entity $1,300.83 o( Total per Entity $1,695.83 SUMMARY OF COSTS SUPPLY COST $549.00 EQUIPMENT RENTAL COST $397.00 EARLY VOTING $1,970.9it ELECTION DAY $501.ob ADMINISTRATIVE EXPENSES $43.50 TABULATION $1,070.00 CENTRALIZED COSTS $1,695.83 Total $6,227.31 10%Adenini4;trative Fee $622.73 Grand Total $6,850.04 L, 90%Due Prior March 21,2003 $6,185.04 C) C"J Cl C.O Cn X U W J W U J U Exhibit"D" JOINT ELECTION AGREEMENT between The City Council of the City of Wylie,Texas(the City)and the Board of Trustees of the Wylie Independent School District(the School). BY THE TERMS OF THIS AGREEMENT,the City and the School do hereby agree,pursuant to the provisions of the Texas Election Code,to hold a joint election of the General Election of the City and General Election of the School District to be held on Saturday,May 3,2003. All entities have contracted with the Collin County Elections Administrator(Election Administrator)to perform various duties and responsibilities on behalf of the two entities. The two entities shall share equally in the expense of the polling locations, election officials,supplies, ballots and other and all necessary expenses for the election upon receipt of satisfactory billing and invoices reflecting the total of such election. An entity canceling an election pursuant to Section 2.053 of the Texas Election Code will not be liable for costs incurred by the Elections Administrator in conducting;the May 3, 2003,Joint General Election;they will be liable only for the contract preparation fee of$75.00. APPROVED BY THE CITY COUNCIL OF THE CITY OF WYLIE,TEXAS in its meeting held the day of ,2003,and executed by its authoru ed representative. By: Attest: John Monday,Mayor Aimee Nemer,Acting City Secretary APPROVED BY THE TRUSTEES OF THE WYLIE INDEPENDENT SCHOOL DISTRICT in its meeting held the day of ,2003,and executed by its authorized representative. By: Attest: Dr.H. John Fuller, Superintendent John Simmons Wylie Independent School District Assistant Superintendent for Wylie, Texas Business and Finance Wylie Independent School District Wylie, Texas WYLIE CITY COUNCIL AGENDA ITEM NO. D . February 25, 2003 Issue Consider and act upon approving a Resolution ordering a Special Election in conjunction with the General Election to be held jointly with the Wylie Independent School District on May 3, 2003 for the purpose of electing two members, Place 2 and 4, to the Wylie City Council to fill expired terms; and to elect one member to fill an unexpired term for Place 1. Background The offices of Place 2 and Place 4 will expire in May of 2003. Due to the resignation of Councilman Joel Scott, there will be an unexpired term for Place 1. A Special Election must be ordered to fill the vacancy in Place 1. The Special Election may be called for the same date as the General Election on May 3, 2003. By the proposed Resolution, the City Council will order a Special Election to fill a vacancy for Place 1 in conjunction with the General Election to be held jointly with the Wylie Independent School District on May 3, 2003. There will be one election with Places 1, 2, and 4 appearing on one ballot. The Resolution stipulates the polling places where qualified voters can cast ballots for the election. It also outlines the early voting by personal appearance locations. Early voting will take place at the Municipal Complex beginning April 16, 2003 through April 29, 2003, from 8:00 a.m. to 5:00 p.m. There will be an extended hour voting on Thursday, April 24, 2003 from 8:00 a.m. to 7:00 p.m. and on Saturday, April 26, 2003 from 8:00 a.m. to 5:00 p.m. The Resolution must also stipulate the filing deadline in a Special Election. [EC201.054] The filing deadlines for both the General and Special Election are outlined in the Resolution. Financial Consideration $7,500.00 has been budgeted for the city's share in the joint elections. Details on the cost sharing are provided within the contract with the County Elections Administration. The Special Election will bare no additional costs to the City. Other Consideration The Texas Constitution states; "If the term of any non-civil service office has been increase to exceed two years, a vacancy on the city's governing body must be filled by special election", Article XI, Section 11. The Election Code [EC §3.004(b)] states "...the governing body of the political subdivision shall order the election." The resolution, if approved, will meet statutory requirements for ordering the municipal election under The Texas Constitution, the Texas Election Code, and Article 5, Sections 1-7 of the Home Rule Charter. Staff Recommendation Staff recommends approval of the resolution. Attachments Resolution Prepared by Revie d by Finance City Manage proval RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WYLIE, COLLIN COUNTY,TEXAS,ORDERING A SPECIAL ELECTION IN CONJUNCTION watt THE GENERAL ELECTION TO BE HELD JOINTLY WITH THE WYLIE INDEPENDENT SCHOOL DISTRICT AND ADMINISTERED BY THE COLLIN COUNTY ELECTIONS ADMINISTRATION ON MAY 3, 2003, FOR THE PURPOSE OF ELECTING THE POSITION OF TWO(2)MEMBERS,(PLACE 2 AND 4),TO THE WYLIE CITY COUNCIL TO HOLD OFFICE FOR A PERIOD OF THREE YEARS; AND THE POSITION OF ONE (1) MEMBER, (PLACE 1), TO THE WYLIE CITY COUNCIL TO FILL A VACANCY IN AN UNEXPIRED TERM TO END MAY 2004; DESIGNATING LOCATION OF POLLING PLACE; DESIGNATING FILING DEADLINES; ORDERING NOTICES OF ELECTION TO BE GIVEN AS PRESCRIBED BY LAW IN CONNECTION WITH SUCH ELECTION. NOW, THEREFORE,BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS, THAT: SECTION 1: An election is hereby ordered to be held jointly with the Wylie Independent School District on Saturday,May 3, 2003, for the purpose of electing two(2)City Council members to fill the following expiring terms on the Wylie City Council; Place 2 and Place 4; and one(1)City Council member to fill an unexpired term to end May 2004; Place 1. SECTION 2: The polling place where qualified voters shall cast ballots at such location in the City of Wylie 2003 General and Special Municipal Election is as follows: County Election Precincts Polling Place All City Precincts Precinct 25,125, and 144 Southfork Mobile Home Park 216 Southfork Blvd. Wylie, Texas Precincts 27, 33, 41, 56, 83,133 Wylie Bible Church 109 W. Jefferson Wylie, Texas Election polls shall be open from 7:00 a.m. until 7:00 p.m. on the date of the election. SECTION 3: Early voting by personal appearance shall be available at the Collin County Sub Courthouse, 920 E.Park, Suite 120, Plano, Texas, and Wylie Municipal Complex, 2000 N.Highway 78,Wylie, Texas,beginning on Wednesday, April 16, 2003 through Tuesday, April29, 2003, during the normal working hours of 8:00 a.m. to 5:00 p.m. with extended voting hours on Thursday, April 24, 2003 from 8:00 a.m. to 7:00 p.m and Saturday April 26, 2003 from 8:00 a.m. to 5:00 p.m. Applications for ballot by mail shall be requested from and mailed to the Collin County Elections Administration Office, 920 E. Park Blvd., Suite 120,Plano, Texas 75074. Applications for ballots by mail must be received no later than the close of business on April 25, 2003. Resolution No. Page 2 SECTION 4: Candidates must file for a specific place and adhere to the filing deadlines accordingly. Candidate Packets are available in the City Secretary's Office. The candidate filing deadlines for the General Election for Place 2 and 4; and Special Election for Place 1 are as follows: General Election Filing for Place 2 and 4 Special Election Filing for Place 1 February 17, 2003 —March 19, 2003 at 5:00 p.m. March 3, 2003 —April 2, 2003 at 5:00 p.m. Candidates must file in the City Secretary's Office located at 2000 Highway 78 North, Wylie, Texas. SECTION 5: The City Secretary is hereby authorized and directed to publish and/or post, in the time and manner prescribed by law, all notices required to be so published and/or posted in connection with the conduct of this election. The Collin County Election contract shall designate the election judges for the joint election. DULY PASSED AND APPROVED by the City Council of the City of Wylie, Collin County, Texas, on this the 25th day of February, 2003. John Mondy, Mayor ATTEST: Aimee Nemer Interim City Secretary WYLIE CITY COUNCIL AGENDA ITEM NO. E. February 25, 2003 Issue Consider and act upon a Preliminary Plat for the Wyndham Meadows Addition, being all of a certain 12.45 acre tract of land, generally located north of Brown Street and east of Eubanks Lane,and being part of that tract of land described in a deed to Riverbencd RV Park in Volume 4751,Page 2469 ofthe Deed Records of Collin County, Texas(DRCCT)and part of that tract of land described in a deed to Bobby C. Beilue as recorded in County Clerk's File No. 92-0036204 of the DRCCT, and being situated in the Francisco De La Pina Survey, Abstract No. 688, City of Wylie, Collin County, Texas. Background The Preliminary Plat under consideration will create 52 single-family residential lots for attached housing and four platted lots for common areas to be maintained by the Homeowners Association. The subject property totals 12.45 acres in size. A portion of this tract of land has been zoned for Multi-family (MF) uses since 1985 and the remainder has been zoned for Single-Family Attached housing since 1983. The entire tract is being developed to Townhouse (TH) District standards with a minimum of 3,500 square feet for exterior lots with side yards and 3,000 square feet for interior lots without side yards. Attached single-family dwellings (duplexes or townhouses) are permitted within the MF District. Section 212.005 of the Texas Local Government Code states that "the municipal authority responsible for approving plats must approve a plat that satisfies all applicable regulations". Section 212.009(a) states that "the municipal authority responsible ff.ir approving plats shall act upon a plat within 30 days after the date the plat is filed. A plat is considered approved by the municipality unless it is disapproved within that time period" Financial Considerations Plat application fees have been paid. The applicant is aware that development impact fees must be paid prior to issuance of a building permit on each lot. Other Considerations 1. The Plat provides for 35 feet right-of-way dedication for the future widening of Brown Street. 2. The existing alley which forms the east property line connects into Brown Street, which is not in compliance with our current Subdivision Regulations. However, the future widening of Brown Street will close this access and this Plat provides for proper access off of the new interior street. 3. Although part of this tract is zoned Multifamily(MF)it is being developed to Townhouse(TH) District standards and is therefore not exempt from parkland dedication and/or fees. 4. The Preliminary Plat complies with all applicable technical requirements of the City of Wylie. Board/Commission Recommendation At the February 4, 2003 Planning and Zoning Commission meeting, the Commission voted 6-0 to recommend approval of this Preliminary Plat Staff Recommendation Approval. The Departments of Planning,Engineering,Development Services,Public Works and Fire concur with this recommendation. Attachments Preliminary Plat 4,e/ zwzmitiltr Pr;pa ed by R i ed y Financ City ag-y• pproval WYLIE CITY COUNCIL AGENDA ITEM NO. F , February 25, 2003 Issue Consider and act upon a Final Plat for the Wylie I.S.D. Transportation Center Addition,being all of a certain 10.009 acre tract of land,generally located east of Country Club Road(F.M. 1378)and north of West Brown Street(F.M. 3412), and being all of that tract of land described in a deed to the Wylie Independent School District as recorded in County Clerk's File No. 2001-027918,Deed Records of Collin County, Texas, and being situated in the Charles Atterbury Survey, Abstract No. 22, City of Wylie, Collin County, Texas. Background The Final Plat under consideration is to accommodate the new bus maintenance and storage facility of the Wylie Independent School District. This new facility relocated all W.I.S.D. transportation operations from the temporary location at the Jr. High School campus(and earlier from the vicinity of Birmingham Street and S.H. 78). The Plat will create a single lot of 10.009 acres. A request to change the zoning on the subject property from Agriculture(A)District to a Special Use Permit for Governmental Installation (A/SUP) was approved by the City Council along with a Site Plan. The Preliminary Plat was approved on May 14, 2002. To expedite use of the facility for the current 2002/2003 school year, an early release for construction was granted with the approval of the Preliminary Plat, Engineering and Construction Plans. The office/maintenance shop building of 9,700 square feet, as well as a bus washing structure and parking for employees and buses were constructed initially. A future expansion of 10,000 square feet is planned to the maintenance building. These operations occupy the western half of the property, and the eastern portion is to remain undeveloped due to the flood plain. Section 212.005 of the Texas Local Government Code states that "the municipal authority responsible for approving plats must approve a plat that satisfies all applicable regulations". Section 212.009(a) states that"the municipal authority responsible for approving plats shall act upon a plat within 30 days after the date the plat is filed. A plat is considered approved by the municipality unless it is disapproved within that time period". Financial Considerations Plat application fees have been paid. The applicant is aware that development impact fees must be paid prior to the issuance of a building permit on each lot. Other Considerations The Final Plat substantially conforms to the Site Plan approved as part of the rezoning and approved Preliminary Plat and complies with all applicable technical requirements of the City of Wylie. Board/Commission Recommendation At the February 4, 2003, Planning and Zoning Commission meeting, the Commission voted 6-0 to recommend approval of this Final Plat. Staff Recommendation Approval. The Departments of Planning,Engineering,Development Services,Public Works and Fire concur with this recommendation. Attachments Final Plat Prep.red b R ed by Finan e City Man e proval WYLIE CITY COUNCIL AGENDA ITEM NO. . February 25, 2003 Issue Hold a Public Hearing to consider and act upon a change in zoning from Corridor Commercial(CC)District to Multi-Family Residential(MF)District, generally located north of Centennial Drive between Eubanks Lane and Spring Creek Parkway, being all of a 12.393 acre tract of land described as Lot 1, Block B of the Woodlake Village Addition, City of Wylie, Collin County, Texas. (Zoning Case 2002-14) Background This item was tabled from the November 12,2002 City Council Meeting,and at the January 28,2003 City Council Meeting. The applicant is aware that the request must be considered and acted upon at the current meeting or withdrawn to be re-advertised. The applicant provides the following additional information in response to concerns raised by the City Council at the November public hearing: A. An Environmental Site Assessment (ESA) was completed for the 12.9 acre tract in the northeast corner of S.H. 78 and Spring Creek Parkway(rezoned in November from MF to CC by the same applicant). The private financier concluded from the ESA that the tract"is not expected to be adversely impacted by unacceptable noise levels [from the adjacent railroad corridor]"and that"the level of noise [from rail traffic] is not expected to affect our processing of the proposed development" (see attached letter from Malone Mortgage Company). The applicant contends that the adjacent rail activity will not negatively impact residential development of the subject tract. B. A conceptual Plan has been submitted which illustrates that 180 MF residences can be accommodated on the long,shallow subject tract. Apartments would align along the frontage of Centenial Drive with parking to the rear along the railroad property and to the sides of the apartments(see attached plan). The applicant contends that the isolated location of the tract better supports the requested MF residential use than the current CC use. The applicant is requesting rezoning of the subject property from Corridor Commercial (CC) District to Multi-Family Residential (MF)District. The tract is 185 feet deep and fronts along Centennial Drive a distance of 1,625 feet, and totals 12.393 acres. It was created as a single lot in 1987 by the platting of the Woodlake Village Addition. The property was rezoned from Business-2(zoned B-2 since 1986)to Corridor Commercial(DD)District in February of2002 with the adoption of the City-wide revision to the Zoning Ordinance and Map. The subject property is bounded on the north by the railroad corridor, and these properties to the north are zoned for Industrial(I)uses and occupied by the railroad switching functions. Properties to the south across Centennial Drive are zoned Corridor Commercial (CC)District, and are undeveloped except for the 6 acre City of Wylie Municipal Complex. The property to the west across Eubanks Lane is developed for a retail use although it is zoned Agriculture (A), having been annexed into the City in July of 2002. The undeveloped property to the east across Spring Creek Parkway was re-zoned from Multi-Family Residential (MF) District to Corridor Commercial (CC) at the November 12, 2002 Council meeting. Public Comment Forms were mailed to thirteen (13) property owners within 200 feet of this request. No Comment Forms have been returned at the time of posting. Financial Considerations Zoning Application Fee—Paid Other Considerations 1. The Comprehensive Plan recommends Mixed Uses for the subject property, as a part of the State Highway 78 corridor. The Plan defines commercial, institutional and/or village Center residential land uses as appropriate for this Mixed Use category, either as separate free-standing developments or grouped combinations of these three types of uses. Industrial uses are not considered appropriate for the tract. Both the current Corridor Commercial and the requested Multi-Family Residential District are compatible with this recommendation of the Plan. 2. Due to the abutting constraints of the existing Centennial Drive and railroad corridors, the long, narrow tract cannot be expanded or reconfigured. This configuration, especially the shallow depth, limits the property's potential for commercial uses to a"strip"pattern of linear buildings with common access and parking. The isolated location of the property, to the rear of larger properties fronting SH 78, limit its visibility and direct access from the major thoroughfare which is generally required by such small strip center retailing and offices. However, specialty goods and services clustered and concentrated on this tract could also compliment the larger retail developments fronting SH 78, and the larger commercial magnets could also provide the proximity spill-over support for such smaller retailers. Furthermore,the Corridor Commercial District, as did its predecessor the Business-2 District, allows some very intensive uses, quite compatible and related to uses such as are allowed within the adjacent Industrial (I) zone. 3. Both Multi-Family dwellings (apartments) and Single-Family Attached dwellings (duplexes and townhouses) are permitted within the requested Multi-Family (MF) District, and the size and configuration of the subject property can efficiently accommodate either of these housing types. The tract provides sufficient access for such high-density residential use and its limited visibility is not a liability to such development. However, residential use is likely hot compatible with the activity of the railroad switching yard. The current level of rail transfer operations already generates significant levels of noise at all hours of the day but especially at night, and there is also potential for the generation of noxious fumes and light. These spill-over nuisances will increase with the anticipated increased utilization ofthe rail yard, and they must be controlled by whatever uses ultimately are developed on the subject property rather than by the railroad authorities. Any non-residential uses, such as the currently zoned Corridor Commercial, are more appropriate for and compatible with the railroad operations than are any residential uses-even high-density apartments. 4. There is a total of approximately 285 acres of land within the City of Wylie which is zoned to accommodate Multi-Family Residential uses. Currently,there are approximately 390 apartments within Wylie, and the Cascade Apartments currently under construction will add 180 units and the recently approved Bachon Townhomes will add 120 units. The subject tract could support approximately 185 dwelling units at the allowed density of 15 dwellings per acre. In addition to the subject tract and these under construction, additional City-wide MF zoning will allow an additional 760 MF dwelling units(32 acres in 5 parcels at 15 dwelling units per acre,plus 280 units allowed within the Bozeman Farms PD). If completely developed as zoned, apartments will represent approximately 8 percent of the developed land within Wylie and 3 percent of the City's total acreage. Such proportion of high-density dwellings is comparable to accepted planning standards and within the City's service capacity. 5. No specific uses are as yet planned for the tract, and review and approval of a site plan by the Planning and Zoning Commission will be required for either retail under the current Corridor Commercial zoning or high-density residences under the requested MF zoning. However, the site plan review can dictate only limited requirements other than those of the adopted code, and may not be sufficient to provide controls of the noxious spill-over characteristics of the railroad operations. 6. The common owner/applicant relates the subject request with the request to the previous re-zoning of the corner of SH 78 and Spring Creek Parkway from MF to CC, envisioning the two requests to be an equitable trade. However, although the two tracts do reflect similarities,they are not contiguous and the two cases are in no other ways related. Board/Commission Recommendation At the October 15, 2002 Planning and Zoning Commission meeting, the Commission voted 3-2 to recommend denial of this zoning change because the non-residential uses of the current Corridor Commercial zoning is more compatible with the adjacent railroad operations than are the requested residential use. Due to the recommendation of denial by the Planning and Zoning Commission, approval by the City Council will require a three-fourths (%) affirmative vote by the Council. The City Council opened the public hearing and reviewed this request on November 12, 2002. Discussion was tabled and the public hearing continued until the current meeting at the request of the applicant. The applicant now requests that the decision be tabled until the February 25,2003 Council meeting(see attached letter). Staff Recommendation Denial of the requested rezoning. The non-residential uses of the current Corridor Commercial zoning are more compatible with the adjacent railroad operations than is the requested residential use. The Departments of Planning, Engineering, Development Services, Public Works and Fire concur with this recommendation. Attachments Ordinance Location Map Notification List and Response Forms Applicant Letter Prepi rel b Re ed by Finan City Approval ORDINANCE NO. AN ORDINANCE OF THE CITY OF WYLIE, TEXAS, AMENDING THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF WYLIE, AS HERETOFORE AMENDED, SO AS TO CHANGE THE ZONING ON THE HEREINAFTER DESCRIBED PROPERTY, ZONING CASE NUMBER 2002-14 TO MULIT-FAMILY (MF) DISTRICT CLASSIFICATION; PROVIDING FOR THE REPEAL OF ALL ORDINANCES IN CONFLICT;PROVIDING SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Planning and Zoning Commission and the governing body of the City of Wylie, Texas, in compliance with the laws of the State of Texas with reference to the amendment of the Comprehensive Zoning Ordinance, have given the requisite notices by publication and otherwise, and after holding due hearings and affording a full and fair hearing to all property owners generally and to owners of the affected property, the governing body of the City is of the opinion and finds that the Comprehensive Zoning Ordinance and Map should be amended; NOW, THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS: SECTION 1. That the Comprehensive Zoning Ordinance of the City of Wylie, Texas, be, and the same is hereby, amended by amending the Zoning Map of the City of Wylie,to give the hereinafter described property a new zoning classification of MF,Multi-Family District Classification, said property being described in Exhibit"A" attached hereto and made a part hereof for all purposes. SECTION 2. That all ordinances of the City in conflict with the provisions of this ordinance be, and the same are hereby, repealed and all other ordinances of the City not in conflict with the provisions of this ordinance shall remain in full force and effect. SECTION 3. That the above described property shall be used only in the manner and for the purposes provided for in the Comprehensive Zoning Ordinance of the City, as amended herein by the granting of this zoning classification. SECTION 4. Any person, firm or corporation violating any of the provisions of this ordinance or the Comprehensive Zoning Ordinance, as amended hereby, commits an unlawful act and shall be subject to the general penalty provisions of Section 1.5 of the Zoning Ordinance, as the same now exists or is hereafter amended. SECTION 5. Should any paragraph, sentence, subdivision, clause, phrase or section of this ordinance be adjudged or held to be unconstitutional, illegal or invalid, the same shall not affect the validity of this ordinance as a whole or any part or provision thereof, other than the part so declared to be invalid, illegal or unconstitutional, and shall not affect the validity of the Comprehensive Zoning Ordinance as a whole. SECTION 6. This ordinance shall be in full force and effect from and after its adoption by the City Council and publication of its caption as the law and the City Charter provide in such cases. SECTION 7. The repeal of any ordinance, or parts thereof, by the enactment of this Ordinance, shall not be construed as abandoning any action now pending under or by virtue of such ordinance; nor shall it have the effect of discontinuing, abating, modifying or altering any penalty accruing or to accrue, nor as effecting any rights of the municipality under any section or provisions of any ordinances at the time of passage of this ordinance. DULY PASSED AND APPROVED by the City Council of the City of Wylie, Texas, this day of , 2003. By John Mondy, Mayor ATTEST: Aimee Nemer, Interim City Secretary Exhibit "A" Legal Description ZC #2002-14 BEING all of a 12.393 acre tract of land described as Lot 1, Block B of the Woodlake Village Addition, City of Wylie, Collin County, Texas. 1 I 1 1 1 �' 1 I ; 1 1 ;• , ! 1 1 i L.._.._.._..y /, i. . Subject % / 3 0 i Property ; i' %` % )>?-rr q ! i i' ;' i' c i % i' 3 % i > CC45 / i ..1 O ..SOP.* I . � � .) `� J !� '! tc r. - - ! % °en<' L 1 1 J ;!(' 1 1 ! B c ;% ,; ! i i i 1'1 L Q. ' • 1 State H i hwa No. 78No i ` ` I I l iSN 1 ! ! 1 i i ii i j j I ! 1 i 1 ‘ l i I 1 1 1 1 1 1 ,' r i I 1 I W ( l 1 I x ; PI to 8 L.._._..i.._._.._.._.._.._.._.._ *Hari W /\ ! Ei i 0 j car u -%v rNe II Il 1 H- i i _ Neillrrrrr��., i 1 i( , I fI �J11_ I lJ 1 LOCATION MAP ZONING CASE #2002- 14 NOTIFICATION REPORT • APPLICANT C.T.Beckham-Arapaho East,Inc. APPLICATION FILE #2002-14 5949 Sherry Lane,Ste 1225 Dallas,Texas 75225 • # I�L ABS LOT/TRACT I TAX I.D. # I PROPERTY OWNER NAME I ADDRESS II Applicant 5949 Sherry Lane,Ste 1225 C.T. Beckham -Arapaho East,Inc. Dallas,Texas 75225 7557 Rambler Road #1023 Wylie Woodlake Vllg 1 Blk A Lot 1 R-2381-00A-0010-1 Wylie Woodlake Partners,L.C. Dallas, 7557 Rambler Road - 023 - Wylie Woodlake Vllg za. 2 Blk B Lot 1 R-2381-00B-0010-1 Wylie Woodlake Partners,L.C. Dallas, Rambler 7523ad # 023 Wylie Woodlake Vllg 3 Blk C Lot 1 R-2381-00CB-0010-1 Wylie Woodlake Partners,L.C. Dallas,Texas 75231-2379 Texas National Guard P.O. Box 5426 Wylie Woodlake Vilg II Texas 78763-5426 ,in 4 Blk B Lot 1 R-3166-00B-0010-1 Armory Board Austin, 12 Red Ball Trail IL 62246-2774 5 Abst 688-1 Tract 78 R-6688-001-0780-1 Charles Bunting Greenville,P.O.Box C 6 Abst 688-1 Tract 85 R-6688-001-0850-1 North Texas• Municipal Water Dist. Wylie,Texas 75098 5949 Sherry Lane,Ste 1225 7 Abst 688-2 Tract 194 R-6688-002-1940-1 Arapaho East,Inc. Dallas,Texas 752252000 State Highway 78 North Wylie,Texas 75098 8 Abst 688-2 Tract 195 R-6688-002-1950-1 City of Wylie 7557 Rambler Road #1023 9 Abst 688-2 Tract 198 R-6688-002-1980-1 Wylie Woodlake Partners,L.C. Dallas, 594 s,S Texas Lane,Ste 75231-2379 75225 Dallas,Te 225 all xas 10 Abst 688-2 Tract 202 R-6688-002-2020-1 Arapaho East,Inc. D all42 W. 12th Street 11 Abst 688-2 Tract 208 R-6688-002-2080-1 Kansas City Southern Railway Co. Kansas 2 ity,,MOh S4105-1403 treet 12 Abst 688-2 Tract 51 R-6688-002-0510-1 Kansas City Southern Railway Co. an 0 sasS City, ate, gOO 6410ay 78 5-140 3 20orth 13 Abst 688-2 Tract 199 R-6688-002-1990-1 City of Wylie Wylie,Texas 75098 14 15 . .. :. ..' .• .. . 1. •• ..• . . • I 4, • ..• . ....•„,,;7/ 1/ .• a 7 .• . / •• • ..' .. 1 4, • . .• ('-'\ 'ID o / .• . .•-• c c > . .. .• . .. / .. .• '0)\..' .• . .• / ch / •• ... .• Tr ( g i 03 • / / • . I I - .. ..T•ir-IS. On 0 .• / . •./'. 94. . t-Crt- ' 11))0 11117... ..--.-- g C .... ce . .• -, .',..,' 1).` •,'..,.. . ,•• ..'' v ....". 1,,, V itt0-* ...• c . •-' .' .. . • wcoa\a)Cm- ....--* -t- 3 .. ....• ../ 0 / • ./ . / ......'.... U / . ./• / .' ../' ./' . ......./• • -t•'t / ..... , --- ...--- - :., --,:ili&tkow.. 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' .,. ,•''' ,T.4 zko:54 i.77P.: :1- ,•p ;,.,,:.4 .- ,„•-... ‘ • .„, ., ,, - ..4,,...,...v-.:0-.7-• .• : A mf- i Tr eliO, --tr.' •,, . - ••'..., ..,,, .. -,-..4--,,.,1•...,,,,,.. -• ...„ ..,-:•-, ..,,,4,..--m-•,,,, ,,,,.--- . 1 cl I C) a) &gg ..... 4... . ,,, ....44.,,,,, .., .,,,,, .........4„,...,......4 ! &,-.• -2.- i • .44,1--- *,.17....' , •-.,';••' -.' I • ..... .,•• ,. .1),.-.).5 . .,..,,,46.1: :,'.'.‘ • l'fr (15 I . ...,....,,,....,.„...,,, .,..r.....-• I 4''‘':.... C ggi •or:Oi•if t •••'‘...::.'; ' Lo+ ( ! I ,$•-'•,: -I' ::14N71..t,','•'•••s" ' '''.., •`,....•••'Jr, 1 .,•• : •,.. ....› • 1 .1 I I • 1 0 I I I I 1 a I 1 •. • - State Highway No . 78 -- ----------------1 I I r I • • : : : • 1 I I I I 1 I I I I 1 I I 1 i I I I I i JAN-03-03 12:26 FROM- T-103 P.01/01 F-600 January 3,2003 Mr Claude ThompsonA-i- q 7 Z- 7 �.- 115 City of Wylie Planning Director 200 Highway 78 North Wylie, Texas 75098 Dear Claude, ZRM. y OAS e 2; z VII Arapaho East,Inc. has filed a Change of.2o.• : request for approximately 12 acres situated along Centennial Drive,just north of he Wylie City Hall. This request was tabled in a previous City Council meeting an• was to be on the agenda for the next City Council meeting scheduled for January 1e, $03. However, Arapaho East's consultants that were to present revisions to the City Cou . -1 are temporarily out of the country. Arapaho East request that the issue of rezonin. of the 12 acres be tabled for the January 14's meeting and placed on the agenda for the ylie City Council meeting which is scheduled for February 25,20_ •. ekr/l e -I xil -t0 t Vh24 200 , 61...041--.- % /I re o ti C.T. S "ey'Beckham 4 14)* C T-SPARKEY'BECKMAM / 'l/" 5949 SHERRI IAu1225 vv DALLAS.TX 75225 'r) 1 214-365-2223 d \010111 A * 4.,,,,i v )(19, tie Or1(\1411 *-- /dicilif ‘, v p , ,v),e) . ) ift' op titti ki , riiitA h °6,5\,k\I C kb k 'f o‘ 0 ,1\.'sv [� !' MALONE MORTGAGE COMPANY January 29, 2003 Mr. Ben Medero 4125 Fairway Drive, Suite 128 Carrollton, TX 75010 Re: Wylie 78 Noise Analysis Mr. Medero: Please find the attached Phase 1 Environmental Site Assessment (ESA) and FHA Form 4128 completed by Professional Service Industries, Inc. (PSI) dated March 5, 2002. A noise analysis addressing the potential impact of noise sources attributable to automobile, railroads and airplanes based on location and operations was presented. It was concluded within the ESA that the subject is not expected to be adversely impacted by unacceptable noise levels. Although trending of the noise eve o a ress current e conditions may yield a lug ier projected noise level, the increase is expected to be no greater than two or three decibels. Additionally, should supplemental noise calculations yield a number in which the subject would be impacted by normally unacceptable noise levels, proper building materials and methods may be applied to effectively reduce the noise levels to reach an acceptable interior noise level. Therefore, based on the data presented in the attached report, the level of noise is not expected to affect our processing of the proposed development. Should you have any questions, please feel free to call me at (214) 696-0386. Respectfully, E. S in, M oan Analyst Attachments: PSI Phase 1 ESA, 633-2E011, dated March 5, 2002 PSI HUD Form 4128, 633-2E011, dated March 5, 2002 8.115 Preston Road,Suite 500 • Dallas,Texas 75225 (214)696-0386 • Fax (214)696-5191 Ili ti,......-.. ,., .... .:„_...,,, . • ,,.:: ____---- _____„„,,,,,____•--_-: ..... •_--- ..•,-,-. ......,• ... ... .... , ..........-.... - _. ....,., . \ _-------- -------- - • ---, - - J. tilos 1, --0.--• ---..'":„--.:"...-.....-P..'.:16.1 ''''..- ''''.. ---- 1 ........ ___.. •• • -- — - - - ii.moll • .- - -—--- - - --- 1--.- 10 • 1 11111ii % \ % n‘ ------------- e - ijibijiiii• 4411115 of iclig II .. I \\\ -'------ -------- --------- ---- --- ---------- ---......._.--...-- \ .-• 'Or ..-- --- ---- - ---- 0 \—1- --- .--- -- -V 1 . Nt WYLIE CITY COUNCIL AGENDA ITEM NO. a. February 25, 2003 Issue Hold a public hearing to consider and act upon adoption of the revised Subdivision Regulations. Background Section 212 of the Texas Local Government Code authorizes municipalities, after a public hearing,to adopt rules regulating the subdivision and platting of land within the municipality's corporate limits and extraterritorial jurisdiction. The current Subdivision Regulations were adopted by the City Council July 29, 1993 (Ordinance No. 93-33). The Planning and Zoning Commission, assisted by the consulting firm ofDunkin, Seiko&Associates, has spent over a year considering revisions to the Subdivision Regulations. The subdivision ofland is the first step in the process of developing a community, and has direct impacts on the health, safety and quality of life of the community. These Subdivision Regulations establish the procedure for the preparation, submittal, review, acceptance and recording of plats for the subdivision of land. The Regulations define and/or reference other applicable regulations for the design of building sites and the infrastructure and services required by those lots. Financial Considerations The Subdivision Regulations establish and/or continue pu:icies for the management of certain development funds. Other Considerations NA Board/Commission Recommendation On January 7, 2003,the Planning and Zoning Commission unanimously recommended approval to the City Council of the proposed revisions to the Subdivision Regulations and forward the document to Council for consideration and adoption. Staff Recommendation The Departments of Planning, Engineering, Development Services and Finance and the City Manager's Office have reviewed the proposed Subdivision Regulations and recommend adoption. Attachments Draft Subdivision Regulations Prepared y Rev' w d by Finance City Mana Approval WYLIE CITY COUNCIL AGENDA ITEM NO. 3 . February 25, 2003 Issue Hold a public hearing for the annual review of the Standards of Care for Youth Programs as adopted by Ordinance 2000-7. Background This is the fourth adoption of the ordinance establishing the Standards of Care for Youth Programs for the City of Wylie. Ordinance 2000-7 has to be reviewed annually in accordance to Texas Senate Bill 212 Section 42.041. There are no changes from last years review. Financial Considerations N/A Other Considerations N/A Board/Commission Recommendation N/A Staff Recommendation The Parks and Recreation Department have reviewed the plan and recommend approval. Attachments Standards of Care '&1.0 repared by Revi d by inan City M3111 .17 Approval STANDARDS OF CARE WYLIE YOUTH PROGRAMS The following Standards of Care will be adopted by the City Council of the City of Wylie, Texas in order to comply with Senate Bill 212 as approved by the Texas Legislature during the 74th legislative session. The Standards of Care are intended to be minimum standards by which the City of Wylie Parks and Recreation Department will operate the City's Youth Programs. The programs operated by the City are recreational in nature and are not day care programs. GENERAL ADMINISTRATION 1. Organization A. The governing body of the City of Wylie Youth Programs is the Wylie City Council. B. Implementation of the Youth Programs Standards of Care is the responsibility of the Parks and Recreation Department Managing Director and Departmental employees. C. Youth Programs ("Program") to which these Standards of Care will apply is the Wylie Wave Summer Youth Program. D. Each Youth Program site will have available for public and staff review a current copy of the Standards of Care. E. Parents of participants will be provided a current copy of the Standards of Care during the registration process. F. Criminal background checks will be conducted on prospective Youth Program employees. If results of that criminal check indicate that an applicant has been convicted of any of the following offenses, he or she will not be considered for employment: (1) a felony or a misdemeanor classified as an offense against a person or family; (2) a felony or misdemeanor classified as public indecency; (3) a felony or misdemeanor violation of any law intended to control the possession or distribution of any controlled substance; 1 (4) any offense involving moral turpitude; (5) a felony or misdemeanor classified as DWI (driving while intoxicated) or DUI (driving undhr the influence); (6) any offense that would potentially put youth participants or the City of Wylie at risk. 2. Definitions A. City: City of Wylie B. City Council: City Council of the City of Wylie C. Department: Parks and Recreation Department of the City of Wylie D. Youth Programs or Program: City cf Wylie Youth Programs consisting of the Wylie Wave Summer Youth Program and future youth programs. E. Program Manual: Notebook of policies, procedures, required forms, and organizational and programming information relevant to Wylie Youth Programs F. Director: City of Wylie City Manager or his or her disignee. G. Program Coordinator: City of Wylie Parks and Recreation Department full-time Assistant Superintendent has been assigned administrative responsibility for the Wylie Wave Summer Youth Program H. Site Supervisor, Assistant Site Supervisor and Program Leader: City of Wylie Parks and Recreation Department seasonal part-time employees who have been assigned responsibility to implement the City's Youth Programs I. Program Site: Area and facilities where Wylie Youth Programs are held consisting of a Wylie Independent School District (W.I.S.D.) facility (i.e. Wylie Jr. High). J. Participant: A youth whose parent(s) have completed all required registration procedures and determined to be eligible for a Wylie Youth Program K. Parent(s): This term will be used to represent one or both parent(s) or adults who have legal custody and authority to enroll their child(ren) in the Wylie Youth Programs 2 L. Employee(s): Term used to describe people who have been hired to work for the City of Wylie and have been assigned responsibility for managing, administering, or implementing some portions of the Wylie Youth Programs 3. Inspections/Monitoring/Enforcement A. A monthly inspection report will be initiated by the Site Supervisor of each Program to confirm the Standards of Care are being adhered to. (1) Inspection reports will be sent to the Assistant Superintendent for review and kept on record for at least two years. (2) The Assistant Superintendent will review the report and establish deadlines and criteria for compliance with the Standards of Care. B. The Asst. Superintendent will make visual inspections of the Program based on the following schedule: The Wylie Summer Youth Program will be inspected twice during its summer schedule. C. Complaints regarding enforcement of the Standards of Care will be directed to the Coordinator. The Coordinator will be responsible to take the necessary steps to resolve the problems. The Assistant Superintendent will record complaints regarding enforcement of the Standards of Care and their resolution. Serious complaints regarding enforcement of the Standards of Care will be addressed by the City Manager(or their designee) and the complaint and the resolution will be noted. D. The Assistant Superintendent will make an annual report to the City Council on the overall status of the Youth Programs and their operation relative to compliance with the adopted Standards of Care. 3 4. Enrollment A. Before a child can be enrolled, a parent must sign registration forms that contain the child's: (1) name, address, home telephone number; (2) name and address of parents and telephone number during Program hours; (3) the names and telephone numbers of people to whom the child can be released; (4) a statement of the child's special problems or needs; (5) emergency medical authorization; (6) proof of residency when appropriate; and (7) a liability waiver. 5. Suspected Abuse Program employees will report suspected child abuse or neglect in accordance with the Texas Family Code. In the case where a City employee is involved in an incident with a child that could be construed as child abuse, the incident must be reported immediately to the Recreation Superintendent. The Superintendent will immediately notify the Police Department and any other agency as may be appropriate. Texas state law requires the staff of these youth programs to report any suspected abuse or neglect of a child to the Texas Department of Protective and Regulatory Services or a law enforcement agency. Failure to report suspected abuse is punishable by fines up to $1,000 and/or confinement up to 180 days. Confidential reports may be made by calling 1-800-252-5400. 4 STAFFING- RESPONSIBILITIES AND TRAINING 6. Youth Program Coordinator("Coordinator") Qualifications A. Coordinators will be full-time, professional employees of the Wylie Parks and Recreation Department and will be i squired to have all Program Leader qualifications as outlined in Section 7 of this document. B. Coordinators must be at least 21 years old. C. Coordinators must have a bachelor's degree from an accredited college or university. Acceptable degrees include: (1) Recreation Administration or General Recreation; (2) Physical Education; or (3) Any other comparable degree plan that would lend itself to working in a public recreation environment D. Coordinators must have two years experience planning and implementing recreational activities. E. Coordinators must pass a background investigation including testing for illegal substances. F. Coordinators must have successfully completed a course in first aid and Cardio Pulmonary Resuscitation (CPR) based on either American Heart Association or American Red Cross standards. G. Coordinator must be able to furnish proof of a clear tuberculosis test within 12 months prior to their en:ployment date. 7. Coordinator's Responsibilities A. Coordinators are responsible to recommend for hire, supervise, and evaluate the Site Supervisor and Leaders B. Coordinators are responsible to plan, implement, and evaluate programs. 5 8. Youth Program Leader/Site Supervisor/ Assistant Site Supervisor("Leader") Qualifications A. Leaders will be part-time or temporary employees of the Parks and Recreation Department. B. Leaders working with children must be age 16 or older; however, each site will have at least one employee 18 years old or older present at all times. C. Leaders should be able to consistently exhibit competency, good judgement, and self-control when working with children. D. Leaders must relate to children with courtesy, respect, tolerance, and patience. E. Leaders must have successfully completed a course in first aid and CPR based on either American Heart Association or American Red Cross standards. An exception can be made for no more than one staff person at each site, and that person shall successfully complete a first aid and CPR course within four weeks of starting work. F. Leaders must pass a background investigation including testing for illegal substances. G. Leaders must be able to furnish proof of a clear tuberculosis test within 12 months prior to their employment date. 9. Leader Responsibilities A. The Site Supervisor is responsible to administer the Programs' daily operations in compliance with the adopted Standards of Care. B. Leaders will be responsible to provide participants with an environment in which they can feel safe, can enjoy wholesome recreation activities, and can participate in appropriate social opportunities with their peers. C. Leaders will be responsible to know and follow all City, Departmental, and Program standards, policies, and procedures that apply to Wylie Youth Programs. D. Leaders must ensure that participants are released only to a parent or an adult designated by the parent. All Program sites will have a copy of the Department approved plan to verify the identity of a person authorized to pick up a participant if that person is not known to the Leader. 6 10. Training/Orientation A. The Department is responsible for providing training and orientation to Program employees in working with children and for specific job responsibilities. Coordinators will provide each Leader with a Program manual specific to each Youth Program. B. Program employees must be familiar with the Standards of Care for Youth Program operation as adopted by the City Council. C. Program employees must be familiar with the Program's policies including discipline, guidance, and release of participants as outlined in the Program Manual. D. Progi am employees will be trained in appropriate procedures to handle emergencies. E. Program employees will be trained in areas including City, Departmental, and Program policies and procedures, provision of recreation activities, safety issues, child psychology, and organization. F. Program employees will be required to sign an acknowledgement that they received the required training. OPERATIONS 11. Staff-Participant Ratio A. In a Wylie Youth Program, the standard ratio of participants to Leaders will be 15 to 1. In the event a Leader is unable to report to the Program site, a replacement will be assigned. B. Each participant shall have a Program employee who is responsible for him or her and who is aware of the participant's habits, interests, and any special problems as identified by the participant's parent(s) during the registration process. 12. Discipline A. Program employees will implement discipline and guidance in a consistent manner based on the best interests of Program participants. B. There must be no cruel or harsh punishment or treatment. 7 C. Program employees may use brief, supervised separation from the group if necessary. D. As necessary, Program employees will initiate discipline reports to the parent(s) of participants. Parents will be asked to sign discipline reports to indicate they have been advised about specific problems or incidents. E. A sufficient number and/or severe nature of discipline reports as detailed in the Program Manual may result in a participant being suspended from the Program. F. In instances where there is a danger to participants or staff, offending participants will be removed from the Program site as soon as possible. 13. Programming A. Program employees will attempt to provide activities for each group according to the participants' ages interests, and abilities. The activities must be appropriate to participants' health, safety, and well being. The activities also must be flexible and promote the participants' emotional, social, and mental growth. B. Program employees will attempt to provide that indoor and outdoor time periods include: (1) alternating active and passive activities; (2) opportunity for individual and group activities; and (3) outdoor time each day weather permits. C. Program employees will be attentive and considerate of the participants' safety on field trips and during any transportation provided by the Program. (1) During trips, Program employees supervising participants must have immediate access to emergency medical forms and emergency contact information for each participant. (2) Program employees must have a written list of the participants in the group and must check the roll frequently. (3) Program employees must have first aid supplies and a guide to first aid and emergency care available on field trips. 8 14. Communication A. Each Program site will have a pager/cell phone to allow the site to be contacted by City personnel, and each site will have access to a telephone for use in contacting the City personnel or making emergency calls. B. The Program Site Supervisor will post the following telephone numbers adjacent to a telephone accessible to all Program employees at each site: (1) Wylie emergency medical services and police department. (2) Numbers at which parents/staff may be reached; and (3) The telephone number for the site itself. 15. Transportation A. Before a participant may be transported to and from city sponsored activities, a transportation form, completed by the parent of the participant must be filed with the Program Site Supervisor. B. First aid supplies and a first aid and emergency care guide will be available in all Program vehicles that transport children. C. All Program vehicles used for transporting participants must have available a 6-BC portable fire extinguisher which will be installed in the passenger compartment of the vehicle and must be accessible to the adult occupants. 9 FACILITY STANDARDS 16. Safety A. Program employees will inspect Program sites daily to detect sanitation and safety concerns that might affect the health and safety of the participants. A daily inspection report will be completed by Program employees and kept on file by the Coordinator. B. Buildings, grounds, and equipment on the Program site will be inspected, cleaned, repaired, and maintained to protect the health of the participants. C. Program equipment and supplies must be safe for the participants' use. D. Program employees must have first aid supplies readily available at each site, during transportation to an off-site activity, and for the duration of any off-site activity. E. Program air conditioners, electric fans, Arid heaters must be mounted out of participants' reach or have safeguards that keep participants from being injured. F. Program porches and platforms more than 30 inches above the ground must be equipped with railing participants can reach. G. All swing seats at Program sites must be constructed of durable, lightweight, relatively pliable material. H. Program employees must have first aid supplies readily available to staff in a designated location. Program employees must have an immediately accessible guide to first aid and emergency care. 17. Fire A. In case of fire, danger of fire, explosion, or other emergency, Program employees' first priority is to evacuate the participants to a designated safe area. B. The Program site will have an annual fire inspection by the local Fire Marshall, and the resulting report will detail any safety concerns observed. The report will be forwarded to the Assistant Superintendent who will review and establish deadlines and criteria for compliance. Information from this report will be included in the Assistant Superintendent's annual report to the Council. 10 C. Each Program site must have at least one fire extinguisher approved by the Fire Marshall readily available to all Program employees. D. Fire drills will be initiated at Program sites based on the following schedule: (1) Wylie Wave Summer Youth Program: A fire drill twice during the session. 18. Health A. Illness or Injury (1) A participant who is considered to be a health or safety concern to other participants or employees will not be admitted to the Program. (2) Illnesses and injuries will be handled in a manner to protect the health of all participants and employees. (3) Program employees will follow plans to provide emergency care for injured participants with sym^toms of an acute illness as specified in the Program manual. (4) Program employees will follow the recommendation of the Texas Department of Health concerning the admission or readmission of any participant after a communicable disease. B. Program employees will administer medication only if: (1) Parent(s) complete and sign a medication form that provides authorization for staff to dispense medication with details as to time and dosages. The form will include a hold harmless clause to protect the City. (2) Prescription medications are in the original containers labeled with the child's name, a date, directions, and the physician's name. Program employees will administer the medication only as stated on the label. Program employees will not administer medication after the expiration date. 11 (3) Nonprescription medications are labeled with the child's name and the date the medication was brought to the Program. Nonprescription medication must be in the original container. Program employees will administer it only according to label direction. (4) Medication dispensed will be limited to routine oral ingestion not requiring special knowledge or skills on the part of Program employees. No injections will be administered by the Program employees. (5) Program employees must ensure medications are inaccessible to participants or, if it is necessary to keep medications in the refrigerator(when available), medications will be kept separate from food. C. Toilet Facilities (1) The Program site will have inside toilets located and equipped so children can use them independently and Program staff can supervise as needed. (2) There must be one flush toilet for every 30 children. Urinals may be counted in the ratio of toilets to children, but they must not exceed 50% of the total number of toilets. (3) An appropriate and adequate number of lavatories will be provided. D. Sanitation (1) The Program facilities must have adequate light, ventilation, and heat. (2) The Program must have an adequate supply of water meeting the standards of the Texas Natural Resource Conservation Commission for drinking water and ensure that it will be supplied to the participants in a safe and sanitary manner. (3) Program employees must see that garbage is removed from buildings daily. 12 WYLIE CITY COUNCIL AGENDA ITEM NO. February 25, 2003 Issue Presentation of the annual report of Wylie Police Department Contact Data (Tier 1) for 2002, as required by the Texas Racial Profiling Law (S.B. No. 1074). Background The Texas Racial Profiling Law(S.B. No. 1074)took effect on September 1, 2001. It required law enforcement agencies to start collecting police contact data on January 1, 2002, for the purpose of identifying and responding to possible concerns regarding racial profiling practices. It also required law enforcement agencies to adopt and implement a racial profiling policy. Information about the policy and the police contact data must be presented to the City Council by March 1, 2003. This report, prepared by Criminologist Alex del Carmen, Ph. D., indicates that the Wylie Police Department is in compliance with the Texas Racial Profiling Law, with no problem areas noted. Financial Considerations N/A Other Considerations N/A Board/Commission Recommendations N/A Staff Recommendations The attached report is presented for Council's review, with no further action required. Attachments Wylie Police Department Contact Data: Annual Report (2002) Prepared by !C k. R v' wed by Fina e Cis,., r Approva Wylie Police Department Contact Data: Annual Report (I) Introduction Opening Statement February 6, 2003 Wylie City Council 2000 State Highway,78 North Wylie, Texas 75098 Dear Distinguished Council Members, Since January 1, 2002,the Wylie Police Department, in accordance with the Texas Racial Profiling Law (S.B. No. 1074), has been collecting police contact data for the purpose of identifying and responding (if necessary)to concerns regarding racial profiling practices. It is my hope that the findings provided in this report will serve as evidence that the Wylie Police Department has made a commitment to ban and respond to concerns regarding racial profiling. In this report, you will find several sections designed to provide background information on the rationale and objectives of the Texas Racial Profiling Law. Section 1 contains the table of content in addition to the Texas Law on Racial Profiling. Also, in this section, you will find the list of requirements relevant to the Racial Profiling law as established by TCLEOSE (Texas Commission on Law Enforcement Officer Standards and Education). In section 2, information is presented which relates to the city of Wylie in general and the Wylie Police Department specifically; including'the demographics of the Wylie Police Department. Further, information is provided, which demonstrates, the police department's commitment to develop and maintain partnerships with the local community. The last two sections of this report (3 and 4) contain documentation which demonstrates compliance by the Wylie Police Department with the Texas Racial Profiling Law. That is, documents relevant to the implementation of an institutional policy banning racial profiling, the implementation of a racial profiling complaint process, which was later disclosed to the public, and the training administered to all law enforcement personnel, are included. The final components of this report provide statistical data relevant to public contacts, made during the course of traffic stops, between 1/1/02 and 12/31/02. This information has been analyzed and compared to the data deriving from the Fair Roads Standard. The analysis on the data and recommendations for future areas of research are also included. It is my sincere hope that the channels of communication between community leaders and the Wylie Police Department continue to strengthen as we move forward to meet the challenges of the near future. Sinc r y, A del Carmen, Ph.D. Criminologist Table of Content Police Contact Data Annual Report January 1, 2002---December 31, 2002 Table of Content (I) Introduction a) Opening Statement Outlining Rationale and Objective of Report b) Table of Content c) The Texas Law on Racial Profiling d) Outline of Requirements Introduced by The Texas Racial Profiling Law (II) Background a) City/County Historical and Demographical Information b) Police Department's Background/Demographics c) Report on Inventory/Usage of Video/Audio Equipment in Police Vehicles d) Police Department's Partnerships with the Local Community (III) Responding to the Texas Racial Profiling Law a) Institutional Policy on Racial Profiling (definition/prohibition of racial profiling) b) Implementation of Complaint Process Addressing Allegations of Racial Profiling Practices(includes efforts relevant to the implementation of an educational campaign aimed at informing the public on the complaint process) c) Training Administered to Law Enforcement Personnel d) Tables Depicting Police Contact Information (1/1/02-12/31/02). Includes Tier 1 information (Comparative Analysis) e) Report on Complaints(if any)Filed Against Officers for Violating Racial Profiling Policy (includes institutional procedures/corrective action used when responding to racial profiling complaints) f) Analysis and Interpretation of Data (IV) Summary of Findings a) Summary Statement Regarding Findings b) Check List/Contact Information The Texas Law on Racial Profiling S.B. No. 1074 AN ACT relating to the prevention of racial profiling by certain peace officers. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: SECTION 1. Chapter 2, Code of Criminal Procedure, is amended by adding Articles 2.131 through 2.138 to read as follows: Art. 2.131. RACIAL PROFILING PROHIBITED. A peace officer may not engage in racial profiling. Art. 2.132. LAW ENFORCEMENT POLICY ON RACIAL PROFILING. (a) In this article: (1) "Law enforcement agency" means an agency of the state, or of a county, municipality, or other political subdivision of the state, that employs peace officers who make traffic stops in the routine performance of the officers' official duties. (2) "Race or ethnicity" means of a particular descent, including Caucasian, African, Hispanic, Asian, or Native American descent. (b) Each law enforcement agency in this state shall adopt a detailed written policy on racial profiling. The policy must: (1) clearly define acts constituting racial profiling; (2) strictly prohibit peace officers employed by the agency from engaging in racial profiling; (3) implement a process by which an individual may file a complaint with the agency if the individual believes that a peace officer employed by the agency has engaged in racial profiling with respect to the individual; (4) provide public education relating to the agency's complaint process; (5) require appropriate corrective action to be taken against a peace officer employed by the agency who, after an investigation, is shown to have engaged in racial profiling in violation of the agency's policy adopted under this article; (6) require collection of information relating to traffic stops in which a citation is issued and to arrests resulting from those traffic stops, including information relating to: (A) the race or ethnicity of the individual detained; and (B) whether a search was conducted and, if so, whether the person detained consented to the search; and (7) require the agency to submit to the governing body of each county or municipality served by the agency an annual report of the information collected under Subdivision (6) if the agency is an agency of a county, municipality, or other political subdivision of the state. (c) The data collected as a result of the reporting requirements of this article shall not constitute prima facie evidence of racial profiling. (d) On adoption of a policy under Subsection (b), a law enforcement agency shall examine the feasibility of installing video camera and transmitter-activated equipment in each agency law enforcement motor vehicle regularly used to make traffic stops and transmitter-activated equipment in each agency law enforcement motorcycle regularly used to make traffic stops. If a law enforcement agency installs video or audio equipment as provided by this subsection, the policy adopted by the agency under Subsection (b) must include standards for reviewing video and audio documentation. (e) A report required under Subsection (b)(7) may not include identifying information about a peace officer who makes a traffic stop or about an individual who is stopped or arrested by a peace officer. This subsection does not affect the collection of information as required 4 a policy under Subsection(b)(6). (f) On the commencement of an investigation by a law enforcement agency of a complaint described by Subsection(b)(3) in which a video or audio recording of the occurrence on which the complaint is based was made, the agency shall promptly provide a copy of the recording to the peace officer who is the subject of the complaint on written request by the officer. Art. 2.133. REPORTS REQUIRED FOR TRAFFIC AND PEDESTRIAN STOPS. (a) In this article: (1) "Race or ethnicity" has the meaning assigned by Article 2.132(a). (2) "Pedestrian stop" means an interaction between a peace officer and an individual who is being detained for the purpose of a criminal investigation in which the individual is not under arrest. (b) A peace officer who stops a motor vehicle for an alleged violation of a law or ordinance regulating traffic or who stops a pedestrian for any suspected offense shall report to the law enforcement agency that employs the officer information relating to the stop, including: (1) a physical description of each person detained as a result of the stop, including: (A) the person's gender; and (B) the person's race or ethnicity, as stated by the person or, if the person does not state the person's race or ethnicity, as determined by the officer to the best of the officer's ability; (2) the traffic law or ordinance alleged to have been violated or the suspected offense; (3) whether the officer conducted a search as a result of the stop and, if so, whether the person detained consented to the search; (4) whether any contraband was discovered in the course of the search and the type of contraband discovered; (5) whether probable cause to search existed and the facts supporting the existence of that probable cause; (6) whether the officer made an arrest as a result of the stop or the search, including a statement of the offense charged; (7) the street address or approximate location of the stop; and (8) whether the officer issued a warning or a citation as a result of the stop, including a description of the warning or a statement of the violation charged. Art. 2.134. COMPILATION AND ANALYSIS OF INFORMATION COLLECTED. (a) In this article, "pedestrian stop" means an interaction between a peace officer and an individual who is being detained for the purpose of a criminal investigation in which the individual is not under arrest. (b) A law enforcement agency shall compile and analyze the information contained in each report received by the agency under Article 2.133. Not later than March 1 of each year, each local law enforcement agency shall submit a report containing the information compiled during the previous calendar year to the governing body of each county or municipality served by the agency in a manner approved by the agency. (c) A report required under Subsection(b) must include: (1) a comparative analysis of the information compiled under Article 2.133 to: (A) determine the prevalence of racial profiling by peace officers employed by the agency; and B) examine the disposition of traffic and pedestrian stops made by officers employed by the agency, including searches resulting from the stops; and (2) information relating to each complaint filed with the agency alleging that a peace officer employed by the agency has engaged in racial profiling. (d) A report required under Subsection(b) may not include identifying information about a peace officer who makes a traffic or pedestrian stop or about an individual who is stopped or arrested by a peace officer. This subsection does not affect the reporting of information required under Article 2.133(b)(1). (e) The Commission on Law Enforcement Officer Standards and Education shall develop guidelines for compiling and reporting information as required by this article. (f) The data collected as a result of the reporting requirements of this article shall not constitute prima facie evidence of racial profiling. Art. 2.135. EXEMPTION FOR AGENCIES USING VIDEO AND AUDIO EQUIPMENT. (a) A peace officer is exempt from the reporting requirement under Article 2.133 and a law enforcement agency is exempt from the compilation, analysis, and reporting requirements under Article 2.134 if: (1) during the calendar year preceding the date that a report under Article 2.134 is required to be submitted: (A) each law enforcement motor vehicle regularly used by an officer employed by the agency to make traffic and pedestrian stops is equipped with video camera and transmitter-activated equipment and each law enforcement motorcycle regularly used to make traffic and pedestrian stops is equipped with transmitter-activated equipment; and jB) each traffic and pedestrian stop made by an officer employed by the agency that is capable of being recorded by video and audio or audio equipment, as appropriate, is recorded by using the equipment., or (2) the governing body of the county or municipality served by the law enforcement agency, in conjunction with the law enforcement agency, certifies to the Department of Public Safety, not later than the date specified by rule by the department, that the law enforcement agency needs funds or video and audio equipment for the purpose of installing video and audio equipment as described by Subsection(a)(1)(A) and the agency does not receive from the state funds or video and audio equipment sufficient, as determined by the department, for the agency to accomplish that purpose. (b) Except as otherwise provided by this subsection, a law enforcement agency that is exempt from the requirements under Article 2.134 shall retain the video and audio or audio documentation of each traffic and pedestrian stop for at least 90 days after the date of the stop. If a complaint is filed with the law enforcement agency alleging that a peace officer employed by the agency has engaged in racial profiling with respect to a traffic or pedestrian stop, the agency shall retain the video and audio or audio record of the stop until final disposition of the complaint. (c) This article does not affect the collection or reporting requirements under Article 2.132. Art. 2.136. LIABILITY. A peace officer is not liable for damages arising from an act relating to the collection or reporting of information as required by Article 2.133 or under a policy adopted under Article 2.132. Art. 2.137. PROVISION OF FUNDING OR EQUIPMENT. (a) The Department of Public Safety shall adopt rules for providing funds or video and audio equipment to law enforcement agencies for the purpose of installing video and audio equipment as described by Article 2.135(a)(1)(A), including specifying criteria to prioritize funding or equipment provided to law enforcement agencies. The criteria may include consideration of tax effort, financial hardship, available revenue, and budget surpluses. The criteria must give priority to: (1) law enforcement agencies that employ peace officers whose primary duty is traffic enforcement., (2) smaller jurisdictions; and (3) municipal and county law enforcement agencies. (b) The Department of Public Safety shall collaborate with an institution of higher education to identify law enforcement agencies that need funds or video and audio equipment for the purpose of installing video and audio equipment as described by Article 2.135(a)(1)(A). The collaboration may include the use of a survey to assist in developing criteria to prioritize funding or equipment provided to law enforcement agencies. (c) To receive funds or video and audio equipment from the state for the purpose of installing video and audio equipment as described by Article 2.135(a)(1)(A), the governing body of a county or municipality, in conjunction with the law enforcement agency serving the county or municipality, shall certify to the Department of Public Safety that the law enforcement agency needs funds or video and audio equipment for that purpose. (d) On receipt of funds or video and audio equipment from the state for the purpose of installing_video and audio equipment as described by Article 2.135(a)(1)(A), the governing body of a county or municipality, in conjunction with the law enforcement agency serving the county or municipality, shall certify to the Department of Public Safety that the law enforcement agency has installed video and audio equipment as described by Article 2.135(a)(1)(A) and is using the equipment as required by Article 2.135(a)(1). Art. 2.138. RULES. The Department of Public Safety may adopt rules to implement Articles 2.131-2.137. SECTION 2. Chapter 3, Code of Criminal Procedure, is amended by adding Article 3.05 to read as follows: Art. 3.05. RACIAL PROFILING. In this code, "racial profiling" means a 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. SECTION 3. Section 96.641, Education Code, is amended by adding Subsection (j) to read as follows: (j) As part of the initial training and continuing education for police chiefs required under this section, the institute shall establish a program on racial profiling. The program must include an examination of the best practices for: (1) monitoring peace officers'compliance with laws and internal agency policies relating to racial profiling; (2) implementing laws and internal agency policies relating to preventing racial profiling and (3) analyzing and reporting collected information. SECTION 4. Section 1701.253, Occupations Code, is amended by adding Subsection (e)to read as follows: (e) As part of the minimum curriculum requirements, the commission shall establish a statewide comprehensive education and training program on racial profiling for officers licensed under this chapter. An officer shall complete a program established under this subsection not later than the second anniversary of the date the officer is licensed under this chapter or the date the officer applies for an intermediate proficiency certificate, whichever date is earlier. SECTION 5. Section 1701.402, Occupations Code, is amended by adding Subsection(d)to read as follows: (d) As a requirement for an intermediate proficiency certificate, an officer must complete an education and training program on racial profiling established by the commission under Section 1701.253(e). SECTION 6. Section 543.202, Transportation Code, is amended to read as follows: Sec. 543.202. FORM OF RECORD. (a) In this section, "race or ethnicity" means of a particular descent, including Caucasian, African, Hispanic, Asian, or Native American descent. (b) The record must be made on a form or by a data processing method acceptable to the department and must include: (1) the name, address, physical description, including race or ethnicity, date of birth, and driver's license number of the person charged; (2) the registration number of the vehicle involved; (3) whether the vehicle was a commercial motor vehicle as defined by Chapter 522 or was involved in transporting hazardous materials; (4) the person's social security number, if the person was operating a commercial motor vehicle or was the holder of a commercial driver's license or commercial driver learner's permit; (5) the date and nature of the offense, including whether the offense was a serious traffic violation as defined by Chapter 522; (6) whether a search of the vehicle was conducted and whether consent for the search was obtained; (7) the plea, the judgment, and whether bail was forfeited; (8) [(7)] the date of conviction; and (9) [(8)] the amount of the fine or forfeiture. SECTION 7. Not later than January 1, 2002, a law enforcement agency shall adopt and implement a policy and begin collecting information under the policy as required by Article 2.132, Code of Criminal Procedure, as added by this Act. A local law enforcement agency shall first submit information to the governing body of each county or municipality served by the agency as required by Article 2.132, Code of Criminal Procedure, as added by this Act, on March 1, 2003. The first submission of information shall consist of information compiled by the agency during the period beginning January 1, 2002, and ending December 31, 2002. SECTION 8. A local law enforcement agency shall first submit information to the governing body of each county or municipality served by the agency as required by Article 2.134, Code of Criminal Procedure, as added by this Act, on March 1, 2004. The first submission of information shall consist of information compiled by the agency during the period beginning January 1, 2003, and ending December 31, 2003. SECTION 9. Not later than January 1, 2002: (1) the Commission on Law Enforcement Officer Standards and Education shall establish an education and training program on racial profiling as required by Subsection(e), Section 1701.253, Occupations Code, as added by this Act; and (2) the Bill Blackwood Law Enforcement Management Institute of Texas shall establish a program on racial profiling as required by Subsection (j), Section 96.641, Education Code, as added by this Act. SECTION 10. A person who on the effective date of this Act holds an intermediate proficiency certificate issued by the Commission on Law Enforcement Officer Standards and Education or has held a peace officer license issued by the Commission on Law Enforcement Officer Standards and Education for at least two years shall complete an education and training program on racial profiling established under Subsection (e), Section 1701.253, Occupations Code, as added by this Act, not later than September 1, 2003. SECTION 11. An individual appointed or elected as a police chief before the effective date of this Act shall complete a program on racial profiling established under Subsection (j), Section 96.641, Education Code, as added by this Act, not later than September 1, 2003. SECTION 12. This Act takes effect September 1, 2001. S.B. No. 1074 President of the Senate Speaker of the House I hereby certify that S.B. No. 1074 passed the Senate on April 4, 2001, by the following vote: Yeas 28, Nays 2; May 21, 2001, Senate refused to concur in House amendments and requested appointment of Conference Committee; May 22, 2001, House granted request of the Senate; May 24, 2001, Senate adopted Conference Committee Report by a viva-voce vote. Secretary of the Senate I hereby certify that S.B. No. 1074 passed the House, with amendments, on May 15, 2001, by a non-record vote; May 22, 2001, House granted request of the Senate for appointment of Conference Committee; May 24, 2001, House adopted Conference Committee Report by a non-record vote. Chief Clerk of the House S.B. No. 1074 Approved: Date Governor Texas Racial Profiling Law Requirements Guidelines for Compiling and Reporting Data under Senate Bill 1074 Background Senate Bill 1074 of th`e� 77`f'Legislature established requirements in the Texas Code of Criminal Procedure (TCCP)for law enforcement agencies. The Commission developed this document to assist agencies in complying with the statutory requirements. The guidelines are written in the form of standards using a style developed from accreditation organizations including the Commission on Accreditation for Law Enforcement Agencies(CALEA). The standards provide a description of what must be accomplished by an agency but allows wide latitude in determining how the agency will achieve compliance with each applicable standard. Each standard is composed of two parts: the standard statement and the commentary. The standard statement is a declarative sentence that places a clear-cut requirement, or multiple requirements, on an agency. The commentary supports the standard statement but is not binding. The commentary can serve as a prompt, as guidance to clarify the intent of the standard, or as an example of one possible way to comply with the standard. Standard 1 Each law enforcement agency has a detailed written directive that: • clearly defines acts that constitute racial profiling; • strictly prohibits peace officers employed by the agency from engaging in racial profiling; • implements a process by which an individual may file a complaint with the agency if the individual believes a peace officer employed by the agency has engaged in racial profiling with respect to the individual filing the complaint; • provides for public education relating to the complaint process; • requires appropriate corrective action to be taken against a peace officer employed by the agency who, after investigation, is shown to have engaged in racial profiling in violation of the agency's written racial profiling policy; and • requires the collection of certain types of data for subsequent reporting. Commentary Article 2.131 of the TCCP prohibits officers from engaging in racial profiling,and article 2.132 of the TCCP now requires a written policy that contains the elements listed in this standard. The article also specifically defines a law enforcement agency as it applies to this statute as an"agency of the state,or of a county, municipality,or other political subdivision of the state,that employs peace officers who make traffic stops in the routine performance of the officers'official duties." The article further defines race or ethnicity as being of "a particular descent,including Caucasian, African,Hispanic,Asian,or Native American." The statute does not limit the required policies to just these ethnic groups. This written policy is to be adopted and implemented no later than January 1,2002. 1 of 4 Standard 2 Each peace officer who stops a motor vehicle for an alleged violation of a law or ordinance regulating traffic, or who stops a pedestrian for any suspected offense reports to the employing law,enforcement agency information relating to the stop, to include: • a physical description of each person detained, including gender and the person's race or ethnicity, as stated by the person, or, if the person does not state a race or ethnicity, as determined by the officer's best judgment; • the traffic law or ordinance alleged to have been violated or the suspected offense; • whether the officer conducted a search as a result of the stop and, if so, whether the person stopped consented to the search; • whether any contraband was discovered in the course of the search, and the type of contraband discovered; • whether probable cause to search existed, and the facts supporting the existence of that probable cause; • whether the officer made an arrest as a result of the stop or the search, including a statement of the offense charged; • the street address or approximate location of the stop; and • whether the officer issued a warning or citation as a result of the stop, including a description of the warning or a statement of the violation charged. Commentary The information required by 2.133 TCCP is used to complete the agency reporting requirements found in Article 2.134. A peace officer and an agency may be exempted from this requirement under Article 2.135 TCCP Exemption for Agencies Using Video and Audio Equipment. An agency may be exempt from this reporting requirement by applying for the funds from the Department of Public Safety for video and audio equipment and the State does not supply those funds. Section 2.135(a)(2)states, "the governing body of the county or municipality served by the law enforcement agency,in conjunction with the law enforcement agency,certifies to the Department of Public Safety,not later than the date specified by rule by the department,that the law enforcement agency needs funds or video and audio equipment for the purpose of installing video and audio equipment as described by Subsection(a)(1)(A)and the agency does not receive from the state funds for video and audio equipment sufficient,as determined by the department,for the agency to accomplish that purpose." Standard 3 The agency compiles the information collected under 2.132 and 2.133 and analyzes the information identified in 2.133. Commentary Senate Bill 1074 from the 77th Session of the Texas Legislature created requirements for law enforcement agencies to gather specific information and to report it to each county or municipality served. New sections of law were added to the Code of Criminal Procedure regarding the reporting of traffic and pedestrian stops. Detained is defined as when a person stopped is not free to leave. Article 2.134 TCCP requires the agency to compile and provide and analysis of the information collected by peace officer employed by the agency. The report is provided to the governing body of the municipality or county no later than March 1 of each year and covers the previous calendar year. There is data collection and reporting required based on Article 2.132 CCP(tier one)and Article 2.133 CCP(tier two). 2 of 4 The minimum requirements for"tier one"data for traffic stops in which a citation results are: 1) the race or ethnicity of individual detained(race and ethnicity as defined by the bill means of"a particular descent,including Caucasian, African,Hispanic,Asian,or Native American"); 2) whether a search%vas conducted,and if there was a search,whether it was a consent search or a probable cause sedreh;and 3) whether there was a custody arrest. The minimum requirements for reporting on"tier two"reports include traffic and pedestrian stops. Tier two data include: 1) the detained person's gender and race or ethnicity; 2) the type of law violation suspected,e.g.,hazardous traffic,non-hazardous traffic,or other criminal investigation(the Texas Department of Public Safety publishes a categorization of traffic offenses into hazardous or non-hazardous); 3) whether a search was conducted,and if so whether it was based on consent or probable cause; 4) facts supporting probable cause; 5) the type, if any,of contraband that was collected; 6) disposition of the stop,e.g.,arrest,ticket,warning,or release; 7) location of stop;and 8) statement of the charge,e.g.,felony,misdemeanor,or traffic. Tier one reports are made to the governing body of each county or municipality served by the agency an annual report of information if the agency is an agency of a county,municipality,or other political subdivision of the state. Tier one and two reports are reported to the county or municipality not later than March 1 for the previous calendar year beginning March 1,2003. Tier two reports include a comparative analysis between the race and ethnicity of persons detained to see if a differential pattern of treatment can be discerned based on the disposition of stops including searches resulting from the stops. The reports also include information relating to each complaint filed with the agency alleging that a peace officer employed by the agency has engaged in racial profiling. An agency may be exempt from the tier two reporting requirement by applying for the funds from the Department of Public Safety for video and audio equipment and the State does not supply those funds[See 2.135(a)(2)TCCP]. Reports should include both raw numbers and percentages for each group. Caution should be exercised in interpreting the data involving percentages because of statistical distortions caused by very small numbers in any particular category,for example,if only one American Indian is stopped and searched,that stop would not provide an accurate comparison with 200 stops among Caucasians with 100 searches. In the first case,a 100%search rate would be skewed data when compared to a 50%rate for Caucasians. Standard 4 If a law enforcement agency has video and audio capabilities in motor vehicles regularly used for traffic stops, or audio capabilities on motorcycles regularly used to make traffic stops, the agency: • adopts standards for reviewing and retaining audio and video documentation; and • promptly provides a copy of the recording to a peace officer who is the subject of a complaint on written request by the officer. Commentary The agency should have a specific review and retention policy. Article 2.132 TCCP specifically requires that the peace officer be promptly provided with a copy of the audio or video recordings if the officer is the subject of a complaint and the officer makes a written request. Standard 5 Agencies that do not currently have video or audio equipment must examine the feasibility of installing such equipment. 3 of 4 Commentary None Standard 6 Agencies that have video and audio recording capabilities are exempt from the reporting requirements of Article 2.134 TCCP and officers are exempt from the reporting requirements of Article 2.133 TCCP provided that: • the equipment was in place and used during the proceeding calendar year; and • video and audio documentation is retained for at least 90 days. Commentary The audio and video equipment and policy must have been in place during the previous calendar year. Audio and video documentation must be kept for at least 90 days or longer if a complaint has been filed. The documentation must be retained until the complaint is resolved. Peace officers are not exempt from the requirements under Article 2.132 TCCP. Standard 7 Agencies have citation forms or other electronic media that comply with Section 543.202 of the Transportation Code. Commentary Senate Bill 1074 changed Section 543.202 of the Transportation Code requiring citations to include: • race or ethnicity,and • whether a search of the vehicle was conducted and whether consent for the search was obtained. 4 of 4 (II) Background Historical and Demographical Information .., 1 _.,, .., ':: .,! _ .; ,, ...! .:.:, ::: ‘ .. __._..... .... : ., .. ,,.. ..' . .:.-..: , j:.,''`It''' .,.-` r ;:7.. ,..- . „ _ . � 4- Welcome to the City of Wylie. Located 24 miles from downtown Dallas in Collin County, our town attracts residents looking for a small town environment with easy access to big city amenities. Wylie has an outstanding school district, low crime rates, and an expanding business climate. But we're also growing and changing in an effort to better serve our community and meet the needs of our residents without sacrificing our small town personality. We are fortunate to find ourselves in a position economically and developmentally that allows us to not only meet the critical needs of the community, but to focus on quality of life opportunities as well. Our parks system is expanding with the recent opening of Founders Park and improvements to Community Park. Our summer music concert series is a new entertainment opportunity that is off to a tremendous start providing family entertainment each Thursday night through June. Our library statistics are higher than ever while our recreation, and senior adult programs are growing and improving. The expanded Wylie Wave summer youth program is providing daytime recreation activities for kids while encouraging physical fitness, promoting good citizenship, developing character and building self-esteem. Median improvements are taking place on Ballard with lights, trees, irrigation and landscaping while our annual Clean-Up and Green-Up program has just polished up our community with debris collection and citywide beautification. All of these things make Wylie a more attractive and comfortable place to live and work. Your City Council and City Staff are proud of our community and we know that you'll be glad you chose Wylie for your home or business. Sincerely, John Mondy Mayor, City of Wylie Table DP-1. Profile of General Demographic Characteristics: 2000 Geographic area:Wylie city, Texas [For information on confidentiality protection. nonsampling error,and definitions, see text] Subject Number Percent Subject Number Percent Total population _' 15,132 100.0 HISPANIC OR LATINO AND RACE Total population 15,132 100.0 SEX AND AGE Hispanic or Latino(of any race) 1,580 10.4 Male 7.468 49.4 Mexican 1,171 7.7 Female 7,664 50.6 Puerto Rican 31 0.2 Under 5 years 1.418 9.4 Cuban 7 - 5 to 9 years 1.513 10.0 Other Hispanic or Latino 371 2.5 10 to 14 years 1,413 9.3 Not Hispanic or Latino 13.552 89.6 15 to 19 years 1,064 7.0 White alone 12.877 85.1 20 to 24 years 740 4.9 RELATIONSHIP 25 to 34 years 2.731 18.0 Total population 15,132 100.0 35 to 44 years 2.959 19.6 In households 15.037 99.4 45 to 54 years 1,552 10.3 Householder 5,085 33.6 55 to 59 years 507 3.4 Spouse 3.300 21.8 60 to 64 years 349 2.3 Child 5..468 36.1 65 to 74 years 507 3.4 Own child under 18 years 4.726 31.2 75 to 84 years 276 1.8 Other relatives 642 4.2 85 years and over ... 103 0.7 Under 18 years 245 1.6 Median age (years) 30.7 (X) Nonrelatives 542 3.6 Unmarried partner 219 1.4 18 years and over 10.078 66.6 In group quarters 95 0.6 Male 4.908 32.4 Institutionalized population 95 0.6 Female 5.170 34.2 Noninstitutionalized population - - 21 years and over' 9.564 63.2 62 years arid over 1,086 7.2 HOUSEHOLD BY TYPE 65 years and over 886 5.9 Total households 5,085 100.0 Male 347 2.3 Family households(families) 4.107 80.8 Female 539 3.6 With own children under 18 years 2.576 50.7 Married-couple family 3.300 64.9 RACE With own children under 18 years. 2,052 40.4 One race 14,851 98.1 Female householder, no husband present 569 11.2 White 13.687 90.5 With own children under 18 years 376 7.4 Black or African American 313 2.1 Nonfamily households 978 19.2 American Indian and Alaska Native 106 0.7 Householder living alone 778 15.3 Asian 91 0.6 Householder 65 years and over 216 4.2 Asian Indian 2 - Chinese 5 - Households with individuals under 18 years 2,731 53.7 Filipino 15 0.1 Households with individuals 65 years and over .. 6'13 12.1 Japanese 7 Average household size 2.96 (X) Korean 23 0.2 Average family size 3.29 (X) Vietnamese 23 0.2 Other Asian 1 16 0.1 HOUSING OCCUPANCY Native Hawaiian and Other Pacific Islander 4 Total housing units 5,326 100.0 Native Hawaiian 1 - Occupied housing units 5.085 95.5 Guamanian or Chamorro 2 - Vacant housing units 241 4.5 Samoan - - For seasonal,recreational,or Other Pacific Islander 2 1 - occasional use 9 0.2 Some other race 650 4.3 Two or more races 281 1.9 Homeowner vacancy rate(percent) 2.5 (X) Rental vacancy rate(percent) 6.3 (X) Race alone or in combination with one or more other races:3 HOUSING TENURE White 13.954 92.2 Occupied housing units 5,085 100.0 Black or African American 353 2.3 Owner-occupied housing units 4,207 82.7 American Indian and Alaska Native 226 1.5 Renter-occupied housing units 878 17.3 Asian 129 0.9 Native Hawaiian and Other Pacific Islander 15 0.1 Average household size of owner-occupied units. 2.98 (X) Some other race 760 5.0 Average household size of renter-occupied units. 2.86 (X) -Represents zero or rounds to zero. (X)Not applicable. 1 Other Asian alone,or two or more Asian categories. 2 Other Pacific Islander alone.or two or more Native Hawaiian and Other Pacific Islander categories. 3 In combination with one or more of the other races listed.The six numbers may add to more than the total population and the six percentages may add to more than 100 percent because individuals may report more than one race. Source: U.S. Census Bureau. Census 2000. 1 L.S.Ce o.is Siveau Table DP-2. Profile of Selected Social Characteristics: 2000 Geographic area:Wylie city, Texas [Data based on a sample.For information on confidentiality protection. sampling error, nonsampling error,and definitions. see text] Subject Number Percent Subject Number Percent SCHOOL ENROLLMENT a NATIVITY AND PLACE OF BIRTH Population 3 years and over ' Total population 14,965 100.0 enrolled in school 4,386 100.0 Native 14,234 95.1 Nursery school, preschool 383 8.7 Born in United States 14.090 94.2 Kindergarten 247 5.6 State of residence 8,725 58.3 Elementary school (grades 1-81 2,323 53.0 Different state 5.365 35.9 High school(grades 9-121 914 20.8 Born outside United States 144 1. College or graduate school 519 11.8 Foreign born 731 4.9 Entered 1990 to March 2000 373 2.5 EDUCATIONAL ATTAINMENT Naturalized citizen 239 1.6 Population 25 years and over 8,922 100.0 Not a citizen 492 3.3 Less than 9th grade 311 10 3 REGION OF BIRTH OF FOREIGN BORN High9t to 12thograde,graduaten diploma Total(excluding born at sea) 731 100.0 school (includes equivalency) 2,317 26.0 Europe 53 7.3 Some college,no degree 2,914 32.7 53 7.3 Associate degree 553 6.2 Asia 66 1 Bachelor's degree 1,527 17.1 Africa 13 1.8 Graduate or professional degree 385 4,3 Oceania Latin America 568 77.7 Percent high school graduate or higher 86.3 (X) Northern America 17 2.3 Percent bachelor's degree or higher 21.4 (X) LANGUAGE SPOKEN AT HOME MARITAL STATUS Population 5 years and over 13.525 100.0 only Population 15 years and over 10,693 100.0 English y 12.189 90.',.336 '.- Never married 2.033 19.0 Language other than English Now marred. except separated 6,963 65.1 Speak English less than"very well" 567 4 Separated 130 1.2 Spanish 1.t35 8.4 Widowed 501 4.7 Speak English less than"very well" 542 4.0 Female 432 4.0 Other Indo-European languages 106 0.8 Divorced 1,066 10.0 Speak English less than "very well" .... .... 12 0.1 617 5.8 Asian and Pacific Island languages 81 0 6 Female0' Speak English less than "very well" 11 �. 1 GRANDPARENTS AS CAREGIVERS ANCESTRY(single or multiple) Grandparent living in household with Total population 14,965 100.0 one or more own grandchildren under Total ancestries reported 1.,014 93 6 18 years 221 100.0 Arab 18 0 1 Grandparent responsible for grandchildren 95 43.0 Czech' 105 0 Danish 21 0.1 VETERAN STATUS • Dutch 199 1. Civilian population 18 years and over .•. 9,987 100.0 English 1.446 ! Civilian veterans 1.228 12.3 g French(except Basque)' 443 _ DISABILITY STATUS OF THE CIVILIAN French Canadian' 45 0German 2.158 14.4 Greek 30 NONINSTITUTIONALIZED POPULATION4. Population 5 to 20 years 4,017 100.0 Hungarian 64 0.4 With a disability 2942 3 Irish' 1.35.5 124 Population 21 to 64 years 8,584 100.0 Italian 300 2.0 With a disability 1,391 16.2 Lithuanian Percent employed 68 4 (X) Norwegian 100 0.7 No disability 7,193 83.8 Polish 223 1.5 Percent employed 85.4 (X) Portuguese 4 Population 65 years and over 829 100.0 Russian 57 0.4 With a disability 297 35.8 Scotch-Irish 176 1.2 Scottish 222 1 5 RESIDENCE IN 1995 Slovak 2 Population 5 years and over 13,525 100.0 Subsaharan African 56 0.4 Same house in 1995 5,500 40.7 Swedish 164 1.1 Different house in the U.S.in 1995 7,763 57.4 Swiss 48 0.3 Same county 3,390 25.1 Ukrainian - - Different county... 4,373 32.3 United States or American 2,558 17.1 Same state 3,130 23.1 Welsh 93 0.6 Different state 1.243 9.2 West Indian(excluding Hispanic groups) 24 0.2 Elsewhere in 1995 262 1.9 Other ancestries 3,598 24.0 -Represents zero or rounds to zero. (X)Not applicable. 'The data represent a combination of two ancestries shown separately in Summary File 3. Czech includes Czechoslovakian. French includes Alsa- tian. French Canadian includes AcadianiCajun. Irish includes Celtic. Source: U.S. Bureau of the Census, Census 2000. 2 L S Ce's_is 3u eau Table DP-3. Profile of Selected Economic Characteristics: 2000 Geographic area:Wylie city, Texas [Data based on a sample. For information on confidentiality protection.sampling error, nonsampling error, and definitions.see text] Subject Number Percent Subject Number Percent EMPLOYMENT STATUS 4( INCOME IN 1999 Population 16 years and over 10,539 100.0 Households 5,099 100.0 In labor force 8,048 76.4 Less than 610,000 124 2.4 Civilian labor force 8,048 76.4 610,000 to 614.999 194 3.8 Employed 7,793 73.9 615,000 to 624,999 395 7.7 Unemployed 255 2.4 625.000 to 534.999 431 8.5 Percent of civilian labor force 3.2 (X) 635,000 to 649,999 918 18.0 Armed Forces - - 650,000 to S74,999 1,471 28.8 Not in labor force 2.491 23.6 $75,000 to S99,999 875 17.2 Females 16 years and over 5,353 100.0 5100.000 to$149,999 499 9.8 In tabor force 3.582 66.9 6150,000 to$199,999 89 1.7 Civilian labor force 3,582 66.9 $200,000 or more 103 2.0 Employed 3,470 64 8 Median household income(dollars) 56,393 (X) Own children under 6 years 1,717 100.0 With earnings 4,718 92.5 All parents in family in labor force 1.069 62.3 Mean earnings(dollars) I 65,582 (X) With Social Security income 855 16.8 COMMUTING TO WORK Mean Social Security income(dollars)' 11,420 (X) Workers 16 years and over 7,630 100.0 With Supplemental Security Income 105 2.1 Car,truck, or van --drove alone 6,538 85.7 Mean Supplemental Security Income Car,truck, or van--carpooled 777 10.2 (dollars)' 6,986 (X) Public transportation(including taxicab) 14 0.2 With public assistance income 55 1.'1 Walked 115 1.5 Mean public assistance income(dollars)1 1,884 (X) Diner means 69 0.9 With retirement income 562 11.0 Worked at home 117 1.5 Mean retirement income(dollars)' 20.900 (X) Mean travel time to work(minutes)' 32.9 (X) Families 4,104 100.0 Employed civilian population Less than 610.000 51 1.2 16 years and over 7,793 100.0 810.000 to S14.999 103 2.5 OCCUPATION 615,000 to 624,999 284 6.9 Management, professional, and related 625,000 to 634.999 333 8.1 occupations 2.860 36.7 635,000 to$49,999 .... 639 15.6 Service occupations 929 11.9 650.000 to 674.999 I 1,226 29.9 Sales and office occupations 2.318 29.7 675,000 to S99,999 1 807 19.7 Fanning,fishing. and forestry occupations 39 0.5 6100,000 to$149,999 486 11.8 Construction. extraction, and maintenance 6150,000 to$199,999 80 1.9 occupations 922 11.8 6200,000 or more 95 2.3 Production. transportation.and material moving Median family income(dollars) 62.903 (X) occupations • 725 9.3 Per capita income(dollars)' 22.987 (X) INDUSTRY Median earnings(dollars): Acrculture. forestry, fishing and hunting, Male fuli-tune.year-round workers 44.239 ..tt and mining 47 0.6 Female full-time. year-round workers 31,084 (X) Construction 743 9.5 Manufacturing 1,296 16.6 Number Percent Wholesale trade 363 4.7 below below Retail trade 823 10.6 poverty poverty Transportation and warehousing, and utilities 311 4.0 Subject level eve) Information 489 6.3 Finance, insurance. real estate,and rental and POVERTY STATUS IN 1999 leasing 787 10.1 Families 98 2.4 Professional, scientific,management,adminis- With related children under 18 years 91 3.4 trative, and waste management services 768 9.9 With related children under 5 years 67 5.6 Educational, health and social services 1.192 15.3 Arts. entertainment. recreation, accommodation Families with female householder, no and food services 371 4.8 husband present 35 6.9 Otmer services (except public administration) 311 4.0 With related children under 18 years 35 9.0 Public administration 292 3.7 With related children under 5 years 11 12.0 CLASS OF WORKER Individuals 504 3.4 Private wage and salary workers 6,486 83.2 18 years and over 333 3.4 Government workers 784 10.1 65 years and over 28 3.4 Self-employed workers in own not incorporated Related children under 18 years 159 3.3 business 520 6.7 Related children 5 to 17 years 83 2.4 Unpaid family workers 3 - Unrelated individuals 15 years and over 200 13.9 -Represents zero or rounds to zero. (X) Not applicable. 'if the denominator of a mean value or per capita value is less than 30,then that value is calculated using a rounded aggregate in the numerator. See text. Source: U.S. bureau of the Census. Census 2000. 3 J L.5.Cr li.ie 3ureau Table DP-4. Profile of Selected Housing Characteristics: 2000 Geographic area:Wylie city, Texas [Data based on a sample. For information on confidentiality protection. sampling error, nonsampling error,and definitions. see text' Subject Number Percent Subject Number Percent Total housing units ,i 5,273 100.0 OCCUPANTS PER ROOM UNITS IN STRUCTURE Occupied housing units 5,039 100.0 1-unit, detached 3,552 67.4 1.00 or less 4,859 96.4 1-unit, attached 38 0.7 1.01 to 1.50 140 2.8 2 units 44 0.8 1.51 or more 40 0.8 3 or 4 units 129 2.4 5 to 9 units 126 2.4 Specified owner-occupied units 3,137 100.0 10 to 19 units 23 0.4 VALUE 20 or more units 153 2.9 Less than 550,000 134 4.3 Mobile home 1,208 22.9 S50,000 to 599,999 1.198 38.2 Boat, RV.van,etc - - S100,000 to$149,999 1,417 45.2 S150,000 to$199,999 297 9.5 YEAR STRUCTURE BUILT S200,000 to$299,999 78 2.5 1999 to March 2000 601 11.4 5300,000 to$499,999 5 0.2 1995 to 1998 1.155 21.9 $500,000 to$999,999 8 0.3 1990 to 1994 641 12.2 S1.000,000 or more - - 1980 to 1989 1,856 35.2 Median (dollars) 106,400 (X) 1970 to 1979 402 7.6 1960 to 1969 296 5.6 MORTGAGE STATUS AND SELECTED 1940 to 1959 218 4.1 MONTHLY OWNER COSTS 1939 or earlier 104 2.0 With a mortgage 2,750 87.7 Less than$300 2 0.1 ROOMS $300 to S499 32 1.0 1 room 5 0.1 $500 to $699 129 4.1 2 rooms 97 1.8 $700 to S999 487 15.5 3 rooms 280 5.3 $1,000 to S1,499 1,537 49.0 4 rooms 619 11.7 $1,500 to S1,999 504 16.1 5 rooms 1.497 28.4 $2,000 or more 59 1.9 6 rooms 1.191 22.3 Median(dollars) 1,183 (X) 7 rooms 657 12.5 Not mortgaged 387 12.3 8 rooms 500 9.5 Median(dollars) 367 (X) 9 or more rooms 427 8.1 Median (rooms) 5.6 (X) SELECTED MONTHLY OWNER COSTS AS A PERCENTAGE OF HOUSEHOLD Occupied housing units 5,039 100.0 INCOME IN 1999 YEAR HOUSEHOLDER MOVED INTO UNIT Less than 15.0 percent 771 24.6 1999 to March 2000 1,458 28.9 15.0 to 19.9 percent 799 25.5 1995 to 1998 2,007 39.8 20.0 to 24.9 percent 559 17.8 1990 to 1994 723 14.3 25.0 to 29.9 percent 413 13.2 1980 to 1989 625 12.4 30.0 to 34.9 percent 209 6.7 1970 to 1979 111 2.2 35.0 percent or more 369 11.8 1969 or earlier 115 2.3 Not computed 17 0.5 VEHICLES AVAILABLE Specified renter-occupied units 834 100.0 None 124 2.5 GROSS RENT 1 1.386 27.5 Less than S200 - - 7 2,610 51.8 S200 to$299 - - 3 or more 919 18.2 S300 to$499 90 10.8 S500 to$749 381 45.7 HOUSE HEATING FUEL S750 to$999 204 24.5 Utility gas 1,981 39.3 51,000 to S1,499 102 12.2 Bottled, tank. or LP gas 93 1.8 51,500 or more 30 3.6 Electricity 2,942 58.4 No cash rent 27 3.2 Fuel oil, kerosene, etc - - Median (dollars) 708 (X) Coal or coke - - 1,Vood 6 0.1 GROSS RENT AS A PERCENTAGE OF Solar energy - - HOUSEHOLD INCOME IN 1999 Other fuel - - Less than 15.0 percent 192 23.0 No fuel used 17 0.3 15.0 to 19.9 percent 237 28.4 20.0 to 24.9 percent 91 10.9 SELECTED CHARACTERISTICS 25.0 to 29.9 percent 39 4.7 Lacking complete plumbing facilities 3 0.1 30.0 to 34.9 percent 71 8.5 Lacking complete kitchen facilities 7 0.1 35.0 percent or more 161 19.3 No telephone service 39 0.8 Not computed 43 5.2 -Represents zero or rounds to zero. (X)Not applicable. Source: U.S. Bureau of the Census, Census 2000. 4 U.S.Ceis_is 3weau Police Department's Background/Demographics SIC R r t "tiel 100 The Wylie Pclke Dvarionent Our Mission... We, the men and women of the Wylie Police Department, are committed.... TO improve the quality of life, through a community oriented policing partnership, which promotes safe and secure neighborhoods. TO safeguard the sacred trust of our community by upholding individual liberty and freedom in an ethical and professional manner,never jeopardizing our integrity. TO recognize our responsibility to uphold the law and maintain order, while affording dignity and respect to every individual. Inside the Wylie Police Department Office of the Chief of Police Jeff Butters is Wylie's current Chief of Police. Chief Butters joined the Wylie Police Department as Police Chief in February of 1998. Chief Butters is joined in the Administrative Office by Lieutenant of Operations, Mike Davis, Administrative Secretary, Peggy Powell and Records Clerk,Norma Barbosa. Criminal Investigations The primary function of the Criminal Investigations Unit is to apprehend those offenders who escape arrest at the hands of the Patrol Division and the recovery of stolen property. Three Criminal Investigators, Scott Stowers, James Bunger and one unfilled position, staff the Criminal Investigations Unit. The criminal investigators are responsible for solving and prosecuting offenses where additional investigation is needed and for preparing cases to be sent to the District Attorney's Office for prosecution. The criminal investigator is also responsible for the safe storage of all evidence and for conducting major crime scene investigations. Patrol Division Four Patrol Sergeants,two FTOs,twelve Patrol Officers, three School Resource Officers and one K-9 officer with Carlo currently staff the Wylie Police Department Patrol Division. The Patrol officers are divided into four"Watches" where the officers work three to four twelve-hour shifts per week. The Patrol division is the first line of Law Enforcement. They answer all calls for police service and respond to most medical emergencies and fire scenes. The Patrol officers have a variety of duties to perform including taking reports, enforcing traffic laws, making arrest and tending to the city jail. School Resource Officer (SRO) The Wylie Police Department has assigned officers to the Wylie High School and Burnett Junior High, as full-time School resource Officers(SRO). Officer Chris Taylor is at the high school, Officer James Hermes is at the junior high, and Officer Tommy Walters spends time at all the schools. The positions are funded by City and the Wylie I.S.D. The SRO's duties include responding to all crimes • and/or disturbances at the schools, crime prevention, investigation, education and student counseling. The SRO Progam is an effort on part of the City of Wylie and the Wylie I.S.D. partnership to keep our schools safe and drug free for our children. Policy on Usage of Video/Audio Equipment Racial Profiling Policy - Page 4 of 5 VII. CITATION DATA COLLECTION AND REPORTING A. An officer is required to collect information relating to traffic stops in which a citation is issued. On the citation officers must include: 1. ,-the violator's race or ethnicity; 2. whether a search was conducted; 3. whether the search consensual; and 4. whether an arrest was made for this cited violation or any other violation. B. By March of each year, the department shall submit a report to the City Council that includes the information gathered by the citations. The report will include: 1. a breakdown of citations by race or ethnicity; 2. number of citations that resulted in a search; 3. number of searches that were consensual; and 4. number of citations that resulted in custodial arrest for this cited violation or any other violation. C. Not later than March 1 st of each year this department shall submit a report to the City Council containing this information from the preceding calendar year, beginning March 1, 2003. VII. USE OF VIDEO AND AUDIO EQUIPMENT A. Each motor vehicle regularly used by this department to make traffic and pedestrian stops shall be equipped with a video camera and transmitter- activated equipment, and B. Each traffic and pedestrian stop made by an officer of this department that is capable of being recorded by video and audio, or audio as appropriate, shall be recorded. C. This department shall retain the video and audio tapes, or the audiotape of each traffic stop and pedestrian stop for at least ninety (90) days after the date of the stop. If a complaint is filed with this department alleging that one of our officers has engaged in racial profiling with respect to a traffic or pedestrian stop, this department shall retain the video and audio tapes, or the audio tape of the stop until final disposition of the complaint. D. Supervisors will ensure officers of this department are recording their traffic and pedestrian stops. A recording of each officer will be reviewed at least once every ninety(90) days. E. If the equipment used to record audio and video of traffic or pedestrian stops is malfunctioning or otherwise not operable, officers will drive a vehicle with operable video equipment. If no other squad car is available, officers will record the following data when making traffic or pedestrian stops: 1. a physical description of each person detained as a result of the stop including gender and race or ethnicity, as stated by the person or as determined by the officer to the best of his/her ability; 2. the location of the stop and suspected offense, traffic law, or ordinance violated; Mobile Video Recording Equipment Policy Number: 615, Effective Date: January 1, 2002 PURPOSE It is the purpose of this policy to provide guidelines for the use of mobile video and audio recording equipment. II. POLICY Mobile video/audio equipment has proven valuable in the prosecution of traffic violations and related offenses; in evaluation of performance; and in training, in order to ensure the most efficient and effective use of MVR equipment, officers shall follow the procedures set forth in this policy. III. DEFINITIONS MV!?-Mobile Video/Audio Recording equipment. IV. PROCEDURES A. Program Objectives The Wylie Police Department has adopted the use of in-car video/audio recording systems in order to accomplish several objectives. These objectives include, but are not limited to: 1. the enhancement of officer safety; 2. the enhancement of officer reporting, evidence collection, and court testimony through audio/video documentation of events, actions, conditions and statements made during arrests and critical incidents; 3. the enhanced ability to review probable cause for arrest, arrest procedures, officer and suspect interaction, and evidence for investigative purposes; 4. the protection from false claims of impropriety; and 5. for officer evaluation and training. B. General Statements 1. MVR equipment will automatically activate when the vehicle's emergency warning devices are in operation. OFFICERS SHALL NOT ERASE, REUSE OR IN ANY MANNER ALTER MVR TAPES. FOR AN OFFICER TO DO SO MAY RESULT IN DISCIPLINARY ACTION UP TO AND INCLUDING DISMISSAL. OFFICERS SHALL ONLY USE VIDEOTAPES ISSUED AND APPROVED BY THE WYLIE POLICE DEPARTMENT. TAPES ARE NUMBERED FOR EASE OF IDENTIFICATION. Videotapes will not be removed from the police vehicles for any purpose other than for approved police business. Police personnel may not take tapes home to view, nor Mobile Video Recording Equipment -Page 2 of 6 may they obtain copies of a tape except through formal channels specified by this policy. 2. MVR equipment can be operated from outside the vehicle without , -emergency lights on by turning the wireless Mic transmitter to "ON" for audio, video or to stand-by for video only. 3. The in-car microphone for voice recording is activated by turning on the orange switch. 4. Officers will not turn off the MVR microphone or video recorder in mid-transaction of any enforcement activity. C. Appropriate Applications 1. Record traffic stops; 2. Record all enforcement actions, including taking prisoners to the Wylie City Jail after arrest; 3. Record the actions of suspects during calls for service, interviews or sobriety checks; 4. To document the circumstances at crime and accident scenes or other events such as the confiscation and documentation of evidence or contraband; NOTE: MVRs will not be used to record statements made by persons who are in a police vehicle, who are not in custody and who are not in the presence of a police officer; UNLESS the person is aware their statement/conversation is being recorded. Officers must be continually aware of the possibility of illegally recording the suspect's statements. HOWEVER, MVRs may be used to record statements of persons who have been arrested without the knowledge of those persons. 5. During other circumstances in which documentation of the suspect's or officers actions may prove useful in court. NOTE: Turning vehicle off while recording in progress will cause the tape to eject when car is restarted. If officers are out of service for an extended period of time (i.e. report writing, DWI, etc.), the officer should power down the MVR by turning off the two (2) switches located in the vault. When officers resume their duties they should power the unit back-up. D. Operating Procedures 1. Issuance of Tapes a. Tapes ready for officer use (new or erased) will be maintained in controlled supply storage cabinets. b. Tapes will be issued at the beginning of each shift by the shift sergeant or OIC. The sergeant or OIC is responsible for recording the name of the officer receiving the tape and the tape number on the daily shift report. c. Officers should ensure they have an adequate supply of tapes available in the event a recording must be pulled for evidence of an arrest, etc. 2. Officer Responsibilities • Mobile Video Recording Equipment -Page 3 of 6 a. MVR equipment installed in vehicles is the responsibility of the officer assigned to the vehicle and will be maintained according to manufacturer's recommendations. , `'b. Prior to_ each shift, officers shall determine whether the MVR equipment is working satisfactorily and shall bring any problems noted at this or other times to the attention of their immediate supervisor as soon as possible. The officer must ensure: (1) the video camera is positioned and adjusted to record events; (2) the MVR is not deactivated until the enforcement action is completed; (3) the microphone is activated during enforcement action in order to provide narration with the video recording; (4) an adequate supply of videotapes is readily available for the officer's shifts; and (5) a spare battery is readily available for use in the remote microphone. The "low battery" indicator light on the remote microphone will indicate when the battery should be changed. NOTE: THE WIRELESS MIC TRANSMITTER IS ASSIGNED TO THE VEHICLE--NOT TO THE OFFICER. DO NOT TAKE l'HE EQUIPMENT WITH YOU AT THE END OF YOUR TOUR OF DUTY. EACH OFFICER SHOULD HAVE A MIC ISSUED TO THEM (6) officers should be cognizant that when the tape ends a (T) will appear where the (R) does when recording; (7) at the end of the tape recording, the tape will automatically rewind and eject itself, then the tape should be turned in and a new one issued. (8) never give or receive a jump start using a vehicle in which video patrol is installed unless all system fuses have first been removed. c. VCRs should have the heads cleaned every three (3) months. d. Changing Video Tapes in Vehicles (1) Each officer will have their own videotape until it is filled with their activities. (a) Tapes are not to leave the Department (or the assigned police vehicle)while in use. (b) When not in use, tapes must be turned into a supervisor, not left in mailboxes, personal Mobile Video Recording Equipment -Page 4 of 6 cars, patrol cars, not taken home etc. These tapes will be stored in a designated area until they are placed into service. (2) When a tape reaches its recording capacity, the officer responsible for the tape, must record the date and time the tape is removed from the recorder. This information is to be noted on the tape's label. (3) A blank tape, labeled with the starting time and date, must be inserted in the recorder as soon as the completed tape is removed. Labels, provided by the Department for this purpose, should be securely affixed to the video. (4) The labeled MVR tape will then be placed in a protective videotape sleeve. Anytime the video cassette tapes are not actually in use in the VCR, tapes must be kept inside protective sleeves provided for this purpose. The use of protective sleeves assist in maintaining tape quality. NOTE: OFFICERS MUST ENSURE THE VCR TAPE DOOR AND THE VAULT DOOR ARE CLOSED AND LOCKED REGARDLESS OF WHETHER THE RECORDER IS IN USE, THESE DOORS PROTECT THE SYSTEM FROM DUST AND UNNECESSARY ABUSE. THE KEY TO THE DOOR IS STORED IN A MAGNETIC BOX IN THE TRUNK. e. Tapes Submitted as Evidence If the tape documents an arrest, pursuit, or some other incident that may be needed as evidence: (1) the label must be marked as evidence; (2) a Property/Evidence form must be completed; (3) the tape shall be placed into the custody of the Property Unit; and (4) the Property/Evidence number shall be referred to on any related reports. (5) the supervisor will place a red card, indicating that the tape is in evidence, in the designated storage area and will issue a new tape. f. Submission of Non-Evidentiary Tapes If the officer does not believe the contents of a tape will be needed for evidence, the labeled completed tape (in the videotape sleeve) must be returned to a supervisor with the submitting officer's name, I.D. number ,beginning date and time, and ending date and time. The labeled tape will then be placed in the designated storage area. Mobile Video Recording Equipment -Page 5 of 6 (1) Officers shall note in incident, arrest, internal affairs, and related reports when video/audio recordings were made during the incident in question; (2) Officers are encouraged to inform their supervisor of any videotaped sequences that may be of value for training or internal affairs investigation purposes. 3. Patrol Sergeants/OIC a. The Patrol Sergeants or OIC in charge of a patrol shift is responsible for issuing videotapes to individual officers at the beginning of each shift. The Patrol Sergeant or OIC will then enter the information onto the daily shift report. b. These supervisors must also ensure an adequate supply of videotapes for subsequent patrol shifts is available in secured storage. If the supply of available tapes needs to be replenished, the supervisor shall notify the Administrative Secretary. c. Patrol administrative staff will be responsible for assigning the unique number to each cassette when they are placed into service. This will include the officer's I.D. number, name the year and tape number. E. Tape Control and Management 1. Evidence MVR tapes containing information that may be valuable for case prosecution or civil proceedings shall be safeguarded as other forms of evidence. These video tapes; a. Will be subject to the same security restrictions and chain of evidence safeguards as detailed in the evidence control policy; b. Will not be released to another criminal justice agency for trial or other reasons without having a duplicate copy made and returned to the property unit for safe storage; and c. Will not be released to other than bona fide criminal justice agencies without prior approval of the Chief of Police or his designee. 2. Non-Evidentiary Tapes a. Tapes, not scheduled for court proceedings or departmental uses, shall be maintained for a minimum 90 day period by the Wylie Police Department. b. If it is determined a tape needs to be maintained longer than the 90 day minimum, the supervisor must be notified in writing of the estimated length the tape should be maintained. The supervisor must be notified of any additional time extensions needed. Mobile Video Recording Equipment -Page 6 of 6 c. In the event a tape is needed for supervisory review, the officer's supervisor, Lieutenant or the Chief may immediately obtain the tape from the officer; or, if the tape has been forwarded to Property, request the tape from Property storage. 3. No tapes shall be reissued for operational use unless completely erased by designated personnel. a. Upon determination a MVR tape is no longer needed for evidentiary purposes, the tape shall be erased by Property personnel and shall be released to the Patrol Sergeant. Officers are responsible for rewinding used tapes when they are returned to Patrol use. b. Upon determination a MVR tape is no longer needed for departmental administrative purposes. Property personnel will erase the contents of the tape and return it to the Patrol Sergeant. F. Suggestions for Improved Videotaping Quality 1. When putting on the Mic, extend the cord. The cord is your antenna. Wrap the cord around your body, inside your shirt or thread it through your shirt. The Mic can be attached to your lapel. 2. When you see a violator you intend to stop, turn on the Mic, begin recording and articulate the facts of what you have before and during the stop. 3. Park at least two (2) car lengths back from the violator. This enables the camera to see more of the suspect's car, you and the suspect(s). 4. Prefacing this with NEVER sacrifice your safety. During low level light conditions, after the stop, use rear emergency lights, use low beams and your spotlight aimed near the roof line of the violator. This reduces flashback and glare. ONLY IF IT IS SAFE TO DO SO. 5. Consider using the remote function (RMT). Activating this function will allow you to narrate details before a traffic stop without having to activate your emergency lights first. This function will also allow you to activate the MVR while you are out of the car, capturing information during a call in or out of camera view. 6. Make sure your Mic is on the same frequency as your camera. BY THE ORDER OF CHIEF OF POLICE J Partnerships with Community Community Partnerships The Wylie Police Department has always enjoyed from the support of the community. However;since January 1, 2002, it has made extraordinary efforts to reach out to community members. These efforts have been well received by the Wylie community at large. The Wylie Police Department, in 2002 reached out to the community through the efforts outlined in the following page. There is no question that these efforts clearly demonstrate the strong commitment of the Wylie Police Department to maintain a firm relationship with the community while adhering to the principles of community policing. WYLIE POLICE DEPARTMENT COMMUNITY POLICING ACTIVITIES • DARE Program • School Resource Officer at High School • School Resource Officer at Junior High School • Crime Prevention Officer • Home inspections • Crime prevention talks • Block Parties • National Night Out • Neighborhood Crime Watch Program • Town Hall meetings • Bicycle Patrol Officers • Bicycle Rodeo • Tours of the Police Department • Boy scouts • Girl scouts • Interested citizens • Fingerprinting children • Extra Patrols • House Watches(vacation watches) • Park& Walks • Chaplain Program • Crime Awareness talks • Stranger danger • Bank robbery prevention • DWI awareness at High School • Halloween safety • Good Driver Citation Program • HOSTS (Help One Student to Succeed) Mentoring Program • Repair Options for traffic equipment violations • Police trading cards (III) Responding to the Texas Racial Profiling Law Institutional Policy on Racial Profiling Racial Profiling Policy Policy Number: 614 Effective Date: January 1, 2002 PURPOSE The purpose of this policy is to reaffirm the Wylie Police Department's commitment to unbiased policing in all its encounters between officers and any person; to reinforce procedures that serve to ensure public confidence and mutual trust through the provision of services in a fair and equitable fashion; and to protect our officers from unwarranted accusations of misconduct when they act within the dictates of department policy and the law. II. POLICY It is the policy of this department to police in a proactive manner and, to aggressively investigate suspected violations of law. Officers shall actively enforce state and federal laws in a responsible and professional manner, without regard to race, ethnicity or national origin. Officers are strictly prohibited from engaging in a racial profiling as defined in this policy. This policy shall be applicable to all persons, whether drivers, passengers or pedestrians. Officers shall conduct themselves in a dignified and respectful manner at all times when dealing with the public. Two of the fundamental rights guaranteed by both the United States and Texas constitutions are equal protection under the law and freedom from unreasonable searches and seizures by government agents. The right of all persons to be treated equally and to be free from unreasonable searches and seizures must be respected. Racial profiling is an unacceptable patrol tactic and will not be condoned. This policy shall not preclude officers from offering assistance, such as upon observing a substance leaking from a vehicle, a flat tire, or someone who appears to be ill, lost or confused. Nor does this policy prohibit stopping someone suspected of a crime based upon observed actions and/or information received about the person. III. DEFINITIONS Racial Profiling: A 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. Racial profiling pertains to persons who are viewed as suspects or potential suspects of criminal behavior. The term is not relevant as it pertains to witnesses, complainants or other citizen contacts. Racial Profiling Policy -Page 2 of 5 The prohibition against racial profiling does not preclude the use of race, ethnicity or national origin as factors in a detention decision when used as part of an actual description of a specific suspect for whom an officer is searching. Detaining an individual and'conducting an inquiry into that persons activities simply because of that individuaI's race, ethnicity or national origin is racial profiling. Examples of racial profiling include but are not limited to the following. • Citing a driver who is speeding in a stream of traffic where most other drivers are speeding because of the cited driver's race, ethnicity or national origin. • Detaining the driver of a vehicle based on the determination that a person of that race, ethnicity or national origin is unlikely to own or possess that specific make or model of vehicle. • Detaining an individual based upon the determination that a person of that race, ethnicity or national origin does not belong in a specific part of town or a specific place. A law enforcement agency can derive two principles from the adoption of this definition of racial profiling • Police may not use racial or ethnic stereotypes as factors in selecting whom to stop and search, while police may use race in conjunction with other known factors of the suspect. • Law enforcement officers may not use racial or ethnic stereotypes as factors in selecting whom to stop and search. Racial profiling is not relevant as it pertains to witnesses, etc. Race or Ethnicity: Of a particular decent, including Caucasian, African, Hispanic, Asian, or Native American. Pedestrian Stop: An interaction between a peace officer and an individual who is being detained for the purpose of a criminal investigation in which the individual is not under arrest. Traffic Stop: The stop of a motor vehicle by a peace officer for an alleged violation of a law or ordinance regulating traffic. III. TRAINING A. Officers are responsible to adhere to all Texas Commission of Law Enforcement Officer Standards and Education (TCLEOSE) training and the Law Enforcement Management Institute of Texas (LEMIT) requirements as mandated by law. B. All officers shall complete a TCLEOSE training and education program on racial profiling not later than the second anniversary of the date the officer is licensed under Chapter 1701 of the Texas Occupations Code or the date the officer applies for an intermediate proficiency certificate, whichever date is earlier. A person who on September 1, 2001, held a TCLEOSE intermediate proficiency certificate, or who had held a peace officer license issued by TCLEOSE for at lest two years, shall complete a Racial Profiling Policy -Page 3 of 5 TCLEOSE training and education program on racial profiling not later than September 1, 2003. C. The Chief of Police, as part of the initial training and continued education for sucri appointment, will be required to attend the LEMIT program on racial profiling. D. An individual appointed as a police chief before the effective date of this Act shall complete the program on racial profiling established under Subsection (j), Section 96.641, Education Code, as added by this Act, not later than September 1, 2003. IV. COMPLAINT INVESTIGATION A. The department shall accept complaints from any person who believes he or she has been stopped or searched based on racial, ethnic or national origin profiling. No person shall be discouraged, intimidated or coerced from filing a complaint, nor discriminated against because he or she filed such a complaint. B. Any person who receives an allegation of racial profiling, including the officer who initiated the stop, shall record the person's name, address and telephone number, and forward the complaint through the appropriate channels or direct the individual(s). Any employee contacted shall provide to that person instructions on the complaint process and will report any allegation racial profiling to their superior before the end of shift. C. Investigation of a complaint shall be conducted in a thorough and timely manner. All complaints will be acknowledged in writing to the initiator who will receive disposition regarding said complaint within a reasonable time period. The investigation shall be reduced to writing and any reviewer's comments or conclusions shall be filed with the Chief. When applicable, findings and/or suggestions for disciplinary action, retaining or changes in policy shall be filed with the Chief. D. If a racial profiling complaint is sustained against an officer, it will result in appropriate corrective and/or disciplinary action, up to and including termination. E. If there is a departmental video or audio recording the events upon which a complaint of racial profiling is based, upon commencement of an investigation by this department into the complaint and written request of the officer made the subject of the complaint, this department shall promptly provide a copy of the recording to that officer. VI. PUBLIC EDUCATION This department will inform the public of its policy against racial profiling and the complaint process. Methods that may be utilized to inform the public are the news media, radio, service, or civic presentations, the interne, as well as governing board meetings. Additionally, information will be made available as appropriate in languages other than English. Racial Profiling Policy-Page 4 of 5 VII. CITATION DATA COLLECTION AND REPORTING A. An officer is required to collect information relating to traffic stops in which a citation is issued. On the citation officers must include: 1. , the violator's race or ethnicity; 2. whether a search was conducted; 3. whether the search consensual; and 4. whether an arrest was made for this cited violation or any other violation. B. By March of each year, the department shall submit a report to the City Council that includes the information gathered by the citations. The report will include: 1. a breakdown of citations by race or ethnicity; 2. number of citations that resulted in a search; 3. number of searches that were consensual; and 4. number of citations that resulted in custodial arrest for this cited violation or any other violation. C. Not later than March 1s1 of each year this department shall submit a report to the City Council containing this information from the preceding calendar year, beginning March 1, 2003. VII. USE OF VIDEO AND AUDIO EQUIPMENT A. Each motor vehicle regularly used by this department to make traffic and pedestrian stops shall be equipped with a video camera and transmitter- activated equipment, and B. Each traffic and pedestrian stop made by an officer of this department that is capable of being recorded by video and audio, or audio as appropriate, shall be recorded. C. This department shall retain the video and audio tapes, or the audiotape of each traffic stop and pedestrian stop for at least ninety (90) days after the date of the stop. If a complaint is filed with this department alleging that one of our officers has engaged in racial profiling with respect to a traffic or pedestrian stop, this department shall retain the video and audio tapes, or the audio tape of the stop until final disposition of the complaint. D. Supervisors will ensure officers of this department are recording their traffic and pedestrian stops. A recording of each officer will be reviewed at least once every ninety(90) days. E. If the equipment used to record audio and video of traffic or pedestrian stops is malfunctioning or otherwise not operable, officers will drive a vehicle with operable video equipment. If no other squad car is available, officers will record the following data when making traffic or pedestrian stops: 1. a physical description of each person detained as a result of the stop including gender and race or ethnicity, as stated by the person or as determined by the officer to the best of his/her ability; 2. the location of the stop and suspected offense, traffic law, or ordinance violated; Racial Profiling Policy -Page 5 of 5 3. whether a search was conducted and whether the person detained consented to the search; 4. the reason for any searches; 5. , whether any contraband was discovered during the search; 6. whether an arrest was made and if so the charge; and 7. any citations issued. BY ORDER OF CHIEF OF POLICE Complaint Process: Informing the Public and Addressing Allegations of Racial Profiling Practices Informing the Public on the Process of Filing a Complaint with the Wylie Police Department Educational Campaign: In accordance to Senate Bill 1074, the Wylie Police Department has made significant efforts to launch an educational campaign aimed at informing the public on issues relevant to the complaint process. Special emphasis has been placed on informing community members on filing a complaint regarding racial profiling practices. The command staff of the Wylie Police Department has made available, to the public, information relevant to filing a complaint against any officer of the Wylie Police Department. The Complaint process has been posted on the department's web site. In addition, it was published in the local paper(copy of the announcement is included) and the City of Wylie Quarterly Newsletter(January, 2003). It is believed that, through these efforts,the community has been properly informed on how to file a complaint against any Wylie police officer in the event this action becomes necessary. • • PIRATE FOOTBALL ,BEASO 1 REVIEW INSIDE SECTION .B Covering Wylie, Sachse, MA phy and the surrounding area 55: Issue 29 Wylie, Texas Wedrv.slay, December 11 , 2002 NOTICE' Anyone wishing to file a Racial Profiling complaint on a Wylie police officer may contact Lieutenant Mike Davis or Police Chief 1 Jeff Butters at The Wylie Police Department, 2000 Hwy. 78 N., Wylie, Texas, Monday thru Friday from 8 a.m.to 5 p.m. 29-1t-2317 Subscribe to The Wylie News by calling 972-442-5515 .i Complaint Review • Policy Number: 107 Effective Date: February 1, 2002 PURPOSE The purpose of this policy is to inform all employees of departmental procedures for addressing complaints of misconduct. II. POLICY It is the policy of this department to investigate all complaints of alleged misconduct, to equitably determine whether the allegations are valid or invalid and to take appropriate action. III. DEFINITIONS Internal Investigations Authority: The designated employees or unit ultimately responsible for conducting investigations into allegations of employee misconduct. "Officer" reference: Applies to all police officers and civilians employed by or under the supervision of the Wylie Police Department. IV. PROCEDURES A. Basis for Disciplinary Action Officers shall not be subject to disciplinary action by the Department, unless their actions constitute one of the following: 1. A violation of state, local, or federal law; 2. Conduct unbecoming an officer; 3. Incompetency; 4. A violation of written or verbal departmental rules, policy, procedure, or orders; 5. Dereliction of Duty. B. Responsibility for Discipline 1. The primary responsibility for maintaining and reinforcing officer conformance with the standards of conduct of this department shall be with the officers and first-line supervisors. 2. Supervisors shall familiarize themselves with the officers in their unit and closely observe their general conduct and appearance on a daily basis. 3. Supervisors should remain alert for indication of behavioral problems or changes that may affect an officer's normal job performance. Such information should be documented by the supervisor. 4. Where a supervisor perceives that an officer may be having or causing problems, the supervisor should assess the situation and determine the most appropriate action. 5. A supervisor may recommend additional training to refresh and reinforce an officer's skills. 6. Counseling may be used by the supervisor as follows: Complaint Review-Page 2 of 7 a. To determine the extent of any personal or job problems that may be affecting performance, and to offer assistance and guidance; b. To discuss minor, infrequent rule violations and to discuss the `' substance and importance of the rules with the officer. 7. The supervisor shall document all instances of counseling or additional training used to modify an officer's behavior. C. Citizen Complaints 1. All citizen complaints pertaining to departmental policies or procedures or that alleged officer misconduct shall be documented and investigated by the Department. a. Complaints should be given in person, or in writing. b. Telephone complaints, anonymous complaints, or complaints from citizens who wish their names to be held in confidence shall be documented and forwarded through the chain of command. The Chief of Police will determine whether further investigation is necessary. 2. Citizen complaints may be accepted by any supervisor of the Department who is approached for such assistance. a. The supervisor shall document the complaint in writing and promptly forward the complaint to the internal investigations authority. b. The supervisor may attempt to resolve a complaint by an exploration of departmental policies and procedures, where applicable. Attempts to resolve complaints shall be noted on the complaint report. 3. Upon receipt of a citizen's complaint, the internal investigations authority shall contact the complainant and advise him that the matter is under investigation, and that the complainant shall receive written notice of the final disposition of the case. The internal investigations authority shall advise the complainant of departmental procedures for the processing and investigation of citizen complaints. 4. Investigations of complaints shall be completed within one month. Regular status reports shall be filed. D. Supervisor Investigation 1. Upon becoming aware of, or receiving notification of, potential misconduct by an officer under his command, a supervisor shall begin an immediate investigation of such allegations. 2. The supervisor's investigation shall be limited to questioning the officer, witnesses, and complainants, and securing all relevant evidence. 3. Upon completing the investigation, the supervisor shall forward to the unit commander, through appropriate channels, the following: a. A report of the alleged violation, b. All documents and evidence relating to the investigation, c. Recommendations for further investigation or other disposition of the case. E. Responsibilities of Internal Investigations Authority 1. The internal investigations authority shall have primary supervisory responsibility for the review and investigation of all complaints against Complaint Review-Page 3 of 7 officers, whether initiated by a citizen or the department. While investigating a complaint of misconduct, the internal investigations authority is delegated the authority of the Chief for the purposes of directing the investigation. 2. Upon receipt of a complaint, an initial determination whether to assume primary investigative responsibility for the case or to refer it to the appropriate supervisor shall be made. A supervisor's investigation may be ordered stopped at any time and full investigative authority assumed by internal investigations. a. Allegations of minor rules violations may be investigated by the appropriate supervisor. b. Allegations of misconduct that could result in discharge, suspension, demotion, or criminal charges will be investigated by the internal investigations authority. 3. The internal investigations authority shall have the following responsibilities: a. Maintaining a complaint log; b. Maintaining a central file for complaints in a secured area, kept in conformity with state law; and c. Conducting a regular audit of complaints to ascertain the need for changes in training or Policy. 4. The internal investigations authority may recommend to the Chief that a case be referred to the prosecutor for criminal charges. F. Officer's Duties and Rights During Investigation 1. Scope of Questioning During Interview a. Prior to an internal interview concerning alleged criminal misconduct, the officer under investigation shall be read the Miranda rights. The provisions of Miranda will be adhered to throughout the interview. b. Prior to an internal interview concerning allegations of administrative violations, the officer under investigation shall be advised as follows: (1) The officer can be required to answer all questions specifically narrowly, and directly related to the performance of his official duties. (2) Refusal to comply with an order to answer such questions is a violation of departmental rules, which may subject the officer to further discipline up to and including dismissal. (3) Any required self-incriminatory admission made during the interview may be used only in subsequent administrative proceedings, and shall not be used against the officer in subsequent criminal proceedings. 2. Counsel at Interview a. Officers will be permitted to have a supervisor with them in the room during any interview concerning allegations of misconduct by the employee. b. Officers will be permitted to have an attorney with them in the room during any interview with criminal investigators concerning Complaint Review-Page 4 of 7 criminal allegations, but not during any internal administrative investigation. 3. Special Examinations a., ' An officer under investigation may request an intoxilyzer, blood, urine, psychological, polygraph, medical examination, or behavior cause examination if it is believed that such an examination would be beneficial to his or her defense. Also, the department may require such examination upon the direction of the Chief of Police. b. An on-duty supervisor is required to direct an officer to submit to a breath, blood, or urine test when a level of inebriation or drug usage is suspected as the factor directly related to duty performance or operating a Department vehicle. c. If an identification lineup is solely for administrative purposes and criminal prosecution is not anticipated, an officer can be required to participate in a lineup. d. Property belonging to the law enforcement agency is subject to inspection where the employer has a reasonable suspicion that evidence of work-related misconduct will be found therein. Property includes, but is not limited to, vehicles, desks, files, and storage lockers. e. If a polygraph is ordered by the Department for an officer, the complainant must submit to it. 4. Rights During an Internal Investigation a. Prior to any interview or special examination, the officer under investigation will receive confidential written notification of the complaint. This notification will include a copy of the original complaint or a summary adequately listing the relevant facts, and the officer's rights and responsibilities during the investigation. b. During interviews conducted by the internal investigations authority, there will be one member designated as the interviewer; only the interviewer will ask questions of the officer. c. Officers under investigation shall not be subjected to offensive language, nor threatened with transfer, dismissal, or disciplinary action during an interview. No promise or reward shall be made by the internal investigators as an inducement to answer any questions. d. The complete interview may be recorded whenever conducted by the internal investigations authority. Any interruptions on the recording will be noted, and any relevant discussions transpiring during breaks will be summarized on the tape recorder and verified for accuracy by the officer. e. Accused officers or their supervisor may contact the internal investigations authority to ascertain the status of the investigations of a complaint filed against them. f. The accused officers will be given an opportunity to explain their actions to the Chief at a hearing prior to the imposition of any disciplinary action. Complaint Review-Page 5 of 7 H. Chief's Action 1. Upon receipt of a supervisor's recommendations on a disciplinary matter or upon completion an internal investigation, the internal investigations autiority shall submit recommendations to the Chief as to whether a violation has been sustained according to the evidence. 2. The Chief shall review the report and supporting documents, and shall give final approval of the disposition of the case as follows: a. Sustained: Evidence sufficient to prove allegations; b. Not Sustained: Insufficient evidence to either prove or disprove allegations; c. Exonerated: Incident occurred but was lawful or proper; d. Unfounded: Allegation is false or not factual; e. Policy Failure: Flaw in policy caused incident. 3. Upon final approval, the Chief may return the disciplinary decision to the officer's supervisor for service and execution. Discipline without Charges and Specifications 1. A supervisor may administer an oral reprimand of record for minor violations. 2. A supervisor may administer a written reprimand of record for minor violations that would not merit demotion, suspension, or termination. J. Discipline with Charges and Specifications 1. When recommended disciplinary action may result in suspension, dismissal, or demotion, the appropriate officer shall prepare a formal statement of charges and specifications. 2. The charging form shall include the following: a. The particular rule(s) alleged to have been violated; b. The dates and places where the alleged acts or omissions occurred; c. A statement of the alleged acts or omissions; d. The recommended disciplinary action; e. The officer's right to appeal and appellate procedures; and f. Hearing date, time and place(if not waived). 3. The supervisor of the accused officer shall serve the charges and specifications upon the officer within the departmentally specified time period prior to the hearing date. a. Where possible, service shall be made while the officer is on duty. b. Where on-duty service is not feasible, the officer may be served at home. 4. The Chief shall make a final recommendation as to the imposition of any disciplinary measures after a full review of the investigation. 5. Upon the determination of the Chief that dismissal or other disciplinary action of the employee is merited, the appropriate unit shall be directed to prepare and submit a statement to the officer, including the following: a. The reason for the disciplinary action; b. The effective date of dismissal or other disciplinary action; c. A statement detailing the contents of the officer's employment record as pertains to the disciplinary action; and d. The appropriate procedures for appeal of the disciplinary action. Complaint Review-Page 6 of 7 K. Appeals The officer may appeal any decision according to City Policy. BY ORDER OF CHIEF OF POLICE Appendix A Citizen Complaint and Inquiry Form This form should be completed in accordance with Departmental Policy 107 Complaint Review. Nature: Citizen Complaint #: Complainant's Name: Race& Sex: Home Address: Telephone: Business Address: Telephone: If applicable, list other complainants and/or witnesses: Member Involved: (1) Division: Member Involved: (2) Division: Member Involved: (3) Division: Location of Incident: Date: Time: Complaint Received By: Date: Forwarded for Investigation to: Summary of Incident: Disposition of Complaint or Inquiry: ❑ Court Issue ❑ Resolved with Citizen and/or No Further Action Deemed Necessary ❑ Complaint Investigative Comments: Routing: Responsible Supervisor Lieutenant of Operations Chief of Police Signature of Responsible Supervisor: Signature of Lieutenant of Operations: Signature of Chief of Police: Racial Profiling Training Training In compliance with the Texas Racial Profiling Law,the Wylie Police Department has asked that its officers adhere to all Texas Commission on Law Enforcement Officer Standards and Education (TCLEOSE)training and the Law Enforcement Management Institute of Texas (LEMIT)requirements as mandated by law(see training policy). All sworn officers of the Wylie Police Department have completed the TCLEOSE training and education program on racial profiling. The outline followed when training the officers of Wylie is found in the following pages. The satisfactory completion of the racial profiling training by most sworn personnel of the Wylie Police Department fulfills the training requirement as specified in the Education Code (96.641)of the Texas Racial Profiling Law. The expectation is that the remaining personnel will complete the racial profiling training on or before September 1, 2003. Racial Profiling 400,.........._ .../c.lsr. %,,,,,,, -4". %II. _....„,„\\ ik, :1:6 ti i/i/f,A :::4--E,a,7 ,..,N _.4,--4 it ,... . i u (4\- ,,,,,,,tb:, i pi, : _ _ ,7_ # , , Iiiiiii:16.40\- - -5z44.)0/,.. 2.-.1744/ ••..i Course Number 3256 Texas Commission on Law Enforcement September 2001 Racial Profiling 3256 Instructor's Note: You may wish to teach this course in conjunction with Asset Forfeiture 3255 because of the related subject matter and applicability of the courses. If this course is taught in conjunction with Asset Forfeiture,you may report it under Combined Profiling and Forfeiture 3257 to reduce data entry. Abstract This instructor guide is designed to meet the educational requirement for racial profiling established by legislative mandate: 77R SB 1074. Target Population: Licensed law enforcement personnel in Texas Prerequisites: Experience as a law enforcement officer Length of Course: A suggested instructional time of 4 hours Material Requirements: Overhead projector,chalkboard and/or flip charts,video tape player, handouts,practical exercises,and demonstrations Instructor Qualifications: Instructors should be very knowledgeable about traffic stop procedures and law enforcement issues Evaluation Process and Procedures An examination should be given. The instructor may decide upon the nature and content of the examination. It must,however,sufficiently demonstrate the mastery of the subject content by the student. Reference Materials Reference materials are located at the end of the course. An electronic copy of this instructor guide may be downloaded from our web site at http://www.tcleose.state.tx.us. 1 Racial Profiling 3256 1.0 RACIAL PROFILING AND THE LAW 1.1 UNIT GOAL: The student will be able to identify the legal aspects of racial profiling. 1.1.1 LEARNING OBJECTIVE: The student will be able to identify the legislative requirements placed upon peace officers and law enforcement agencies regarding racial profiling. Racial Profiling Requirements: Racial profiling CCP 3.05 Racial profiling prohibited CCP 2.131 Law enforcement policy on racial profiling CCP 2.132 Reports required for traffic and pedestrian stops CCP 2.133 Liability CCP 2.136 Racial profiling education for police chiefs Education Code 96.641 Training program Occupations Code 1701.253 Training required for intermediate certificate Occupations Code 1701.402 Definition of"race or ethnicity"for form Transportation Code 543.202 A. Written departmental policies 1. Definition of what constitutes racial profiling 2. Prohibition of racial profiling 3. Complaint process 4. • Public education 5. Corrective action 6. Collection of traffic-stop statistics 7. Annual reports B. Not prima facie evidence C. Feasibility of use of video equipment D. Data does not identify officer E. Copy of complaint-related video evidence to officer in question F. Vehicle stop report 1. Physical description of detainees: gender,race or ethnicity 2. Alleged violation 3. Consent to search 4. Contraband 5. Facts supporting probable cause 6. Arrest 7. Warning or citation issued G. Compilation and analysis of data 3 H. Exemption from reporting—audio/video equipment I. Officer non-liability J. Funding K. Required training in racial profiling 1. Police chiefs 2. All holders of intermediate certificates and/or two-year-old licenses as of 09/01/2001 (training to be completed no later than 09/01/2003)—see legislation 77R-SB 1074 1.1.2 LEARNING OBJECTIVE: The student will become familiar with Supreme Court decisions and other court decisions involving appropriate actions in traffic stops. A. Whren v. United States, 517 U.S. 806, 116 S.Ct. 1769(1996) 1. Motor vehicle search exemption 2. Traffic violation acceptable as pretext for further investigation 3. Selective enforcement can be challenged B. Terry v. Ohio, 392 U.S. 1, 88 S.Ct. 1868 (1968) 1. Stop& Frisk doctrine 2. Stopping and briefly detaining a person 3. Frisk and pat down C. Other cases 1. Pennsylvania v. Mimms,434 U.S. 106,98 S.Ct. 330 (1977) 2. Maryland v. Wilson, 117 S.Ct. 882(1997) 3. Graham v. State, 119 MdApp 444, 705 A.2d 82(1998) 4. Pryor v. State, 122 Md.App. 671 (1997)cert. denied 352 Md. 312, 721 A.2d 990 (1998) 5. Ferris v. State, 355 Md. 356, 735 A.2d 491 (1999) 6. New York v. Belton,453 U.S. 454 (1981) 2.0 RACIAL PROFILING AND THE COMMUNITY 2.1 UNIT GOAL: The student will be able to identify logical and social arguments against racial profiling. 2.1.1 LEARNLNG OBJECTIVE: The student will be able to identify logical and social arguments against racial profiling. A. There are appropriate reasons for unusual traffic stops (suspicious behavior,the officer's intuition,MOs, etc.),but police work must stop short of cultural stereotyping and racism B. Racial profiling would result in criminal arrests,but only because it would target all members of a race randomly—the minor benefits would be far outweighed by the distrust and anger towards law enforcement by minorities and the public as a whole 4 C. Racial profiling is self-fulfilling bad logic: if you believed that minorities committed more crimes, then you might look for more minority criminals,and find them in disproportionate numbers D. Inappropriate traffic stops generate suspicion and antagonism towards officers and make future stops more volatile—a racially-based stop today can throw suspicion on tomorrow's legitimate stop E. By focusing on race,you would not only be harassing innocent citizens,but overlooking criminals of all races and backgrounds—it is a waste of law enforcement resources 3.0 RACIAL PROFILING VERSUS REASONABLE SUSPICION 3.1 UNIT GOAL: The student will be able to identify the elements of both inappropriate and appropriate traffic stops. 3.1.1 LEARNING OBJECTIVE: The student will be able to identify elements of a racially- motivated traffic stop. A. Most race-based complaints come from vehicle stops,often since race is used as an inappropriate substitute for drug courier profile elements B. "DWB"—"Driving While Black" —a nickname for the public perception that a Black person may be stopped solely because of their race(especially with the suspicion that they are a drug courier),often extended to other minority groups or activities as well("Driving While Brown," "Flying While Black,"etc.) C. A typical traffic stop resulting from racial profiling 1. The vehicle is stopped on the basis of a minor or contrived traffic violation which is used as a pretext for closer inspection of the vehicle,driver,and passengers 2. The driver and passengers are questioned about things that do not relate to the traffic violation 3. The driver and passengers are ordered out of the vehicle 4. The officers visually check all observable parts of the vehicle 5. The officers proceed on the assumption that drug courier work is involved by detaining the driver and passengers by the roadside 6. The driver is asked to consent to a vehicle search—if the driver refuses,the officers use other procedures(waiting on a canine unit,criminal record checks, license-plate checks, etc.),and intimidate the driver(with the threat of detaining him/her,obtaining a warrant, etc.) 3.1.2 LEARNING OBJECTIVE: The student will be able to identify elements of a traffic stop which would constitute reasonable suspicion of drug courier activity. A. Drug courier profile(adapted from a profile developed by the DEA) 5 • 1. Driver is nervous or anxious beyond the ordinary anxiety and cultural communication styles 2. Signs of long-term driving(driver is unshaven,has empty food containers,etc.) 3. Vehicle is rented 4. Driver is a young male,20-3 5 5. No visible luggage,even though driver is traveling 6. Driver was over-reckless or over-cautious in driving and responding to signals 7. Use of air fresheners B. Drug courier activity indicators by themselves are usually not sufficient to justify a stop 3.1.3 LEARNING OBJECTIVE: The student will be able to identify elements of a traffic stop which could constitute reasonable suspicion of criminal activity. A. Thinking about the totality of circumstances in a vehicle stop B. Vehicle exterior 1. Non-standard repainting(esp. on a new vehicle) 2. Signs of hidden cargo(heavy weight in trunk,windows do not roll down,etc.) 3. Unusual license plate suggesting a switch(dirty plate,bugs on back plate,etc.) 4. Unusual circumstances(pulling a camper at night,kids'bikes with no kids, etc.) C. Pre-stop indicators 1. Not consistent with traffic flow 2. Driver is overly cautious, or driver/passengers repeatedly look at police car 3. Driver begins using a car- or cell-phone when signaled to stop 4. Unusual pull-over behavior(ignores signals,hesitates,pulls onto new street,moves objects in car,etc.) D. Vehicle interior 1. Rear seat or interior panels have been opened,there are tools or spare tire,etc. 2. Inconsistent items(anti-theft club with a rental,unexpected luggage,etc.) 6 • Resources Proactive Field Stops Trainimti Unit— Instructor's Guide,Maryland Police and Correctional Training Commissions,2001. (See Appendix A.) Web address for legislation 77R SB 1074: http://t1o2.tic.state.tx.us/tlo/77r/billtext/SB01074F.htm 7 Tables Illustrating Police Contact Tier 1 Data (I) Tier 1 Data 4 General Demographics of Contacts and Searches Race/Ethnicity Contacts Searches Consensual PC for Search Custody * Searches Arrest N % N % N % N % N % Caucasian 2716 80 60 79 45 80 15 75 24 77 African 100 3 2 3 1 2 1 5 1 3 Hispanic 540 16 14 18 10 18 4 20 6 19 Asian 16 .47 0 0 0 0 0 0 0 0 Native 2 .06 0 0 0 0 0 0 0 0 American Other 10 .30 0 0 0 0 0 0 0 0 Total 3384 100** 76 100 56 100 20 100 31 100** * Race/Ethnicity are defined by Senate Bill 1074 as being of a"particular descent,including Caucasian, African,Hispanic,Asian,or Native American". **Represents rounded figure Tier 1 Data (Contacts) 9 80�' 70- 60 - 50 (Percent) 40- 30 20-f 10- : , 0 r �� fit` .�C� �� �� 0 v. o Q `0) Q- a� O ■ Contacts V 0 (Origin) Tier 1 Data (Searches) 60 50 40 d (Freq.) 30 20- 10 0 Zt� �� •Zt �� �`V 0+.. ' ■ Searches `� ❑ Consent III PC (Origin) Tier 1 Data (Arrests) 80-( 70 M 60- 50- 40 (Percent) -` 30 t 201 10J 0- ' ' 0 lip- V`a Q` ■Arrests I (Origin) Tier 1 Analysis (Fair Roads Standards Data) (II) Contact and Census Comparison Comparison of resident-based contacts with households in Wylie that have vehicle access (in percentages). Using the calculation methodology recommended by the ACLU. Race/Ethnicity* Resident Contacts Households with vehicle (in s ercenta es) access in 'ercenta es) Caucasian 94 89 African 2.7 2 Hispanic 1.7 7 Asian .45 .39 Native American .13 .96 Other .63 N/A Total 100** 99.35*** * Race/Ethnicity are defined by Senate Bill 1074 as being of a"particular descent,including Caucasian, African,Hispanic,Asian,or Native American". **Represents rounded figure ***Amount does not total 100%since Census data does provide value of"other"category. Tier 1 (Contacts and Households) 1 J J J (Percent) fer ,: ■ Contacts ■ Households (Origin) Report on Complaints Data on Corrective Action The following table contains data regarding officers that have been the subject of a complaint, during the#ime period of 1/1/02---12/31/02, based on allegations outlining possible violations related to the Texas Racial Profiling Law. The final disposition of the case is also included. X Check above if the Wylie Police Department has not received any complaints, on any members of its police force, for having violated the Texas Racial Profiling Law during the time period of 1/1/02 ---- 12/31/02. Complaints Filed for Possible Violations of S.R. 1074 (The Texas Racial Profiling Law) Complaint Alleged Violation Disposition of the Case No. Additional Comments: Analysis and Interpretation of Data Analysis The data presented in this report contains valuable information regarding police contacts with the between 1/1/02 and 12/31/02. Despite its value, the raw data does not present much information relevant to racial profiling trends. Thus, it is felt that further analysis of the data is warranted. As such, data was obtained through the U.S. Census Bureau (2000) relevant to the number of households that have access to vehicles while controlling for race and ethnicity. It must be noted that, according to experts, census data presents challenges to any effort made at establishing a fair and accurate racial profiling analysis. That is, census data contains information on all residents of a particular community, regardless of the fact they may or may not be among the driving population. Further, census data, when used as a baseline of comparison, presents the challenge that it captures information related to city residents only. Thus, excluding individuals who may have come in contact with the Wylie Police Department, but reside outside city limits. This has a tendency of inflating the overall figures; thus, providing an inaccurate representation of police contacts with the public. Despite this, the Texas ACLU recently made known its desire that all police departments use, in their analysis, census data specific to the number of"households" that have access to vehicles. Thus, proposing to compare "households" (which may have multiple residents and several vehicles) with "contacts" (an individual-based count). This, in essence, constitutes a comparison that may result in ecological fallacy. Despite these concerns, the Wylie Police Department made a decision that it would use this form of comparison(i.e., census data relevant to households with vehicles) in an attempt to demonstrate its"good will" and "transparency" before the community. In accordance with the ACLU guide and calculation techniques, the Wylie Police Department contact data for Wylie residents was analyzed while using census data relevant to the city of Wylie. Census-Based Comparison When compared to the census data relevant to the number of"households" in Wylie who indicated, in the 2000 census, that they had access to vehicles, the analysis produced interesting findings. That is, the percentage of individuals of"African", "Hispanic", and"Native American" descent that came in contact with the police in traffic related incidents was the same or lower than the percentage of African American, Hispanic and Native American households in Wylie that claimed, in the 2000 census, to have access to vehicles. When analyzing the police contacts with individuals of Caucasian and Asian descent, the data suggested that the percentage of Caucasians and Asians that came in contact with the police in 2002, in a traffic related incident, was higher than the percentage of Caucasian and Asian households in Wylie that claimed to have access to a vehicle. Although it is not clear if the difference noted here is statistically significant, it merits further discussion. This phenomenon could be due to several reasons including, but not limited to, the fact that there could be more vehicles in Caucasian and Asian households in Wylie that are not included the census data.(which only counts one household at a time despite the number of drivers or vehicles that may be present). The underlying assumption here is that these vehicles would come in contact with the police in a traffic related incident despite the fact some of them were not counted in the 2000 census. It is important to note that the difference detected among these groups is small; thus, it is not certain if this difference is statistically significant. With respect to searches, most of them were performed on Caucasian drivers. This was followed by Hispanics and African Americans, in that order. As a point of interest, it should be noted that Caucasians represented the group that came in contact the most with the police in traffic-related incidents. This was followed by Hispanics and African Americans. There were only a few police contacts made, in 2002, with individuals of Asian and Native American descent. The arrest data revealed that Caucasian drivers were also arrested the most in traffic-related incidents; this was followed by Hispanics and African Americans. In addition, the data revealed that no arrests were reported, in traffic related incidents, of drivers of Asian and Native American descent, or individuals belonging to the"other" category. Summary Statement: The academic literature seems to point out at the fact that racial profiling is a problem that cannot be measured merely by the analysis of raw data. In other words, in addition to raw data, racial profiling should be measured by the presence and nature of complaints filed against police officers, attitudinal shifts in the police force, and different levels of morale among officers. Despite this, the data seems to suggest that the Wylie Police Department does not target, in its traffic related contacts with the public, individuals of "African", "Hispanic", and"Native American" descent. This is clearly commendable and deserves recognition for it demonstrates fair and balanced policing practices. It is clear that the Wylie Police Department has attempted to comply with the Texas Racial Profiling Law(SB 1074) in all of its requirements. Further, it sought the assistance of an outside consultant to evaluate the department's annual contact data. This should be regarded as a positive gesture; one that suggests the Wylie Police Department's "transparency" before the community. (IV) Summary of Findings Summary Statement Regarding Findings • Summary Statement It is clear, from the information presented in this report that the Wylie Police Department has complied with the Texas Racial Profiling Law(SB 1074). The police department has, in compliance with SB 1074, taken the following measures: • Clearly defined the acts or actions that constitute racial profiling • Provided a statement indicating the prohibition of any peace officer employed by the Wylie Police Department from engaging in racial profiling • Implemented a process by which an individual can file a complaint regarding racial profiling violations • Disclosed its complain policy in order to inform the public on how to file a racial profiling complaint • Implemented disciplinary guidelines for officers found in violation of the Texas Racial Profiling Law • Collected and analyzed Tier 1 data • Adopted a policy on standards for reviewing video and audio documentation • Produced an annual report on police contacts(Tier 1) and presented this report to its local city council before March 1, 2003 Checklist and Contact Information Checklist (I) The following requirements were met by the Wylie Police Department in accordance with Senate Bill 1074' ® Clearly defined act of actions that constitute racial profiling ® Statement indicating prohibition of any peace officer employed by the Wylie Police Department from engaging in racial profiling ® Implement a process by which an individual may file a complaint regarding racial profiling violations ® Provide public education related to the complaint process ® Implement disciplinary guidelines for officer found in violation of the Texas Racial Profiling Law ® Collect data(Tier 1)that includes information on a) Race and ethnicity of individual detained b) Whether a search was conducted c) If there was a search, whether it was a consent search or a probable cause search d) Whether a custody arrest took place ® Produce an annual report on police contacts(Tier 1) and present this to local governing body by March 1, 2003. ® Adopt a policy, if video/audio equipment is installed, on standards for reviewing video and audio documentation (II)For additional questions regarding the information presented in this report, please contact: 6006 Copperfield Dr_ Arlington,TX 76001 Disclaimer: The author of this report, Alejandro del Carmen, is not liable for any omissions or errors committed in the acquisition, analysis, or creation of this report. Further, Dr. del Carmen is not responsible for the inappropriate use and distribution of information contained in this report. Further, no liability shall be incurred as a result of any harm that may be caused to individuals and/or organizations as a result of the information contained in this report.