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02-27-2024 (City Council) Agenda Packet P a g e | 1 Wylie City Council Regular Meeting February 27, 2024 – 6:00 PM Council Chambers - 300 Country Club Road, Building #100, Wylie, Texas 75098 CALL TO ORDER INVOCATION & PLEDGE OF ALLEGIANCE PRESENTATIONS & RECOGNITIONS PR1. Recognition of In-Sync Exotics. COMMENTS ON NON-AGENDA ITEMS Any member of the public may address Council regarding an item that is not listed on the Agenda. Members of the public must fill out a form prior to the meeting in order to speak. Council reques ts that comments be limited to three minutes for an individual, six minutes for a group. In addition, Council is not allowed to converse, deliberate or take action on any matter presented during citizen participation. CONSENT AGENDA All matters listed under the Consent Agenda are considered to be routine by the City Council and will be enacted by one motio n. There will not be separate discussion of these items. If discussion is desired, that item will be removed from the Consent Ag enda and will be considered separately. A. Consider, and act upon, approval of February 13, 2024 Regular City Council Meeting minutes. B. Consider, and act upon, the City of Wylie Monthly Revenue and Expenditure Report for January 31, 2024. C. Consider, and place on file, the City of Wylie Monthly Investment Report for January 31, 2024. D. Consider, and place on file, the monthly Revenue and Expenditure Report for the Wylie Economic Development Corporation as of January 31, 2024. E. Consider, and act upon, a Final Plat of Upwind Capital Addition, being a replat of Lots 2R and 3, Block A of Upwind Capital Addition, establishing two commercial lots on 3.107 acres, located at 2009 North State Highway 78. F. Consider, and act upon, a Final Plat of Dodd Elementary Addition, establishing one residential lot on 9.589 acres, located at 1500 Park Boulevard. G. Consider, and place on file, the Wylie Police Department 2023 Racial Profiling Analysis. H. Consider, and act upon, accepting a donation to the Smith Public Library in the amount of $5,779.00 from the Catholic Foundation of the Estate of Rita and Truett Smith. I. Consider, and act upon, approval of the Texas Therapeutic Riding Center's First Annual Coco Trot Fun Run/5K at Founders Park from 6:00 a.m. to 12:00 p.m. on May 11, 2024. 1 P a g e | 2 REGULAR AGENDA 1. Consider, and act upon, Ordinance No. 2024-05, amending Wylie’s Code of Ordinances, Ordinance No. 2021-17, as amended, repealing and replacing in its entirety Chapter 38 (Emergency Services), Article III (Emergency Medical Services) of the Wylie Code of Ordinances and adopting new Emergency Medical Services; providing for penalties for the violation of this ordinance; providing repealing, savings and severability clauses, an effective date and for the publication of the caption hereof. WORK SESSION WS1. Discuss the International Jet Ski tournament at Collin Park, located at 2200 Saint Paul Road, Wylie, Texas. WS2. Discuss 5 Year Projections for 4B Fund, Utility Fund, and General Fund. RECONVENE INTO REGULAR SESSION EXECUTIVE SESSION Sec. 551.072. DELIBERATION REGARDING REAL PROPERTY; CLOSED MEETING. A governmental body may conduct a closed meeting to deliberate the purchase, exchange, lease, or value of real property if deliberation in an open meeting would have a detrimental effect on its negotiating position. ES1. Consider the sale or acquisition of properties located at Brown/Eubanks, FM 544/Cooper, FM 544/Sanden, FM 1378/Park, Jackson/Oak, Regency/Steel, State Hwy 78/Ballard, State Hwy 78/Brown, and State Hwy 78/Skyview. Sec. 551.087. DELIBERATION REGARDING ECONOMIC DEVELOPMENT NEGOTIATIONS; CLOSED MEETING. This chapter does not require a governmental body to conduct an open meeting: (1) to discuss or deliberate regarding commercial or financial information that the governmental body has received from a business prospect that the governmental body seeks to have locate, stay, or expand in or near the territory of the governmental body and with which the governmental body is conducting economic development negotiations; or (2) to deliberate the offer of a financial or other incentive to a business prospect described by Subdivision (1). ES2. Deliberation regarding commercial or financial information that the WEDC has received from a business prospect and to discuss the offer of incentives for Projects: 2013-9a, 2022-1c, 2022-10c, 2022-10d, 2023-1c, 2023-2d, 2023-4c, 2023-5b, 2023-9b, 2023-10a, 2023-12c, 2024-1a, 2024-1b, 2024-1c, 2024-1d, 2024-2a, 2024-2b, 2024-2c, 2024-2d, and 2024-2e. RECONVENE INTO OPEN SESSION Take any action as a result from Executive Session. READING OF ORDINANCES Title and caption approved by Council as required by Wylie City Charter, Article III, Section 13 -D. ADJOURNMENT CERTIFICATION I certify that this Notice of Meeting was posted on February 23, 2024 at 5:00 p.m. on the outside bulletin board at 2 P a g e | 3 Wylie City Hall, 300 Country Club Road, Building 100, Wylie, Texas, a place convenient and readily accessible to the public at all times. ___________________________ ___________________________ Stephanie Storm, 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 972.516.6020. Hearing impaired devices are available from the City Secretary prior to each meeting. If during the course of the meeting covered by this notice, the City Council should determine that a closed or executive meeting or session of the City Council or a consultation with the attorney for the City should be held or is required, then such closed or executive meeting or session or consultation with attorney as authorized by the Texas Open Meetings Act, Texas Government Code § 551.001 et. seq., will be held by the City Council at the date, hour and place given in this notice as the City Council may conveniently meet in such closed or executive meeting or session or consult with the attorney for the City concerning any and all subjects and for any and all purposes permitted by the Act, including, but not limited to, the following sanctions and purposes: Texas Government Code Section: § 551.071 – Private consultation with an attorney for the City. § 551.072 – Discussing purchase, exchange, lease or value of real property. § 551.074 – Discussing personnel or to hear complaints against personnel. § 551.087 – Discussing certain economic development matters. § 551.073 – Discussing prospective gift or donation to the City. § 551.076 – Discussing deployment of security personnel or devices or security audit. 3 Wylie City Council AGENDA REPORT Department: City Secretary Account Code: Prepared By: Stephanie Storm Subject Consider, and act upon, approval of February 13, 2024 Regular City Council Meeting minutes. Recommendation Motion to approve the Item as presented. Discussion The minutes are attached for your consideration. 4 02/27/2024 Item A. Wylie City Council Regular Meeting Minutes February 13,2024 –6:00 PM Council Chambers -300 Country Club Road,Building #100,Wylie,Texas 75098 CALL TO ORDER Mayor Matthew Porter called the regular meeting to order at 6:02 p.m.The following City Council members were present:Councilman David R.Duke,Councilman Dave Strang (6:18 p.m.),Mayor pro tem Jeff Forrester, Councilman Scott Williams,Councilman Sid Hoover,and Councilman Gino Mulliqi. Staff present included:Deputy City Manager Renae Ollie;Assistant City Manager Lety Yanez;Fire Chief Brandon Blythe;Police Lieutenant Matt Miller;Public Information Officer Craig Kelly;City Secretary Stephanie Storm;Purchasing Manager Chris Rodriguez;Finance Director Melissa Brown;City Engineer Tim Porter;Public Works Director Tommy Weir;Library Director Ofilia Barrera;Community Services Director Jasen Haskins;Parks and Recreation Director Carmen Powlen;and Animal Control Manager Shelia Patton;and various support staff. INVOCATION &PLEDGE OF ALLEGIANCE Mayor pro tem Forrester led the invocation,and Councilman Hoover led the Pledge of Allegiance. PRESENTATIONS &RECOGNITIONS PR1.Black History Month. Mayor Porter recognized the month of February as Black History Month. COMMENTS ON NON-AGENDA ITEMS Any member of the public may address Council regarding an item that is not listed on the Agenda.Members of the public must fill out a form prior to the meeting in order to speak.Council requests that comments be limited to three minutes for an individual,six minutes for a group.In addition,Council is not allowed to converse,deliberate or take action on any matter presented during citizen participation. Bruce Moilan,representing the Kreymer Estates HOA,addressed Council with concerns related to the Kreymer Estates neighborhood. CONSENT AGENDA All matters listed under the Consent Agenda are considered to be routine by the City Council and will be enacted by one motion.There will not be separate discussion of these items.If discussion is desired,that item will be removed from the Consent Agenda and will be considered separately. A.Consider,and act upon,approval of January 23,2024 Regular City Council Meeting minutes. B.Consider,and act upon,Resolution No.2024-03(R)of the City Council of the City of Wylie,Collin, Dallas and Rockwall counties,Texas,ordering a General Election to be held on May 4,2024,in the City of Wylie,Texas,for the purpose of electing the positions of two Council members (Place 2 and Place 4)of the Wylie City Council,to hold office for a period of three years;designating locations of Page |1 5 02/27/2024 Item A. polling places;designating filing deadlines;and ordering Notices of Election to be given as prescribed by law in connection with such election. C.Consider,and act upon,Resolution No.2024-04(R)authorizing the City Manager to execute a Joint General and Special Election Services Contract between the City of Wylie and the Collin County Elections Administrator to be administered by the Collin County Elections Administrator for the May 4,2024 Wylie General Election. D.Consider,and act upon,Resolution No.2024-05(R)authorizing the City Manager to execute a Joint General and Special Election Services Contract between the City of Wylie and the Dallas County Elections Administrator to be administered by the Dallas County Elections Administrator for the May 4,2024 Wylie General Election. E.Consider,and act upon,Resolution No.2024-06(R)authorizing the City Manager to execute a Joint General and Special Election Services Contract between the City of Wylie and the Rockwall County Elections Administrator to be administered by the Rockwall County Elections Administrator for the May 4,2024 Wylie General Election. F.Consider,and place on file,the Animal Shelter Advisory Board report to City Council. G.Consider,and act upon,Resolution No.2024-07(R)authorizing the City Manager of the City of Wylie to execute,on behalf of the City Council of the City of Wylie,the Highway Crossing Overpass Construction Agreement between The Kansas City Southern Railway Company,Collin County,and the City of Wylie,Texas concerning the construction of the bridge railroad mainline crossing of the Park Boulevard Extension project. H.Consider,and act upon,the award of contract W2023-110-A to Beehive Industries for Comprehensive Infrastructure and Asset Management Software (CIAMS)in estimated amount of $99,800 for the initial contract base term and estimated annual amount of $48,600 after base term and authorizing the City Manager to execute any necessary documents. I.Consider,and act upon,Resolution No.2024-08(R)of the City Council of the City of Wylie,Texas (Wylie),hereby authorizing the City Manager of Wylie to enter into an interlocal cooperative purchasing agreement between the Sheriff ’s Association of Texas (SAT)and Wylie for the use of the SAT’s contracts and authorizing the City Manager to execute any and all necessary documents. J.Consider,and act upon,the approval of the purchase of one (1)Chevrolet Tahoe SSV and two (2) Chevrolet Silverado SSV vehicles in the estimated amount of $153,564.61 through a cooperative purchasing contract with the Sheriffs Association of Texas,and authorizing the City Manager to execute any necessary documents. K.Consider,and act upon,the award of contract W2024-8-A to IGM Technology for Budget Software in estimated amount of $59,750 for the first year and authorizing the City Manager to execute any necessary documents. L.Consider,and act upon,Resolution No.2024-09(R)of the City Council of the City of Wylie,Texas (Wylie),hereby authorizing the City Manager of Wylie to enter into an interlocal cooperative purchasing agreement between the City of Midlothian (Midlothian)and Wylie for the use of the Midlothian’s contracts and authorizing the City Manager to execute any and all necessary documents. M.Consider,and act upon,the approval of the purchase of EMS Medical Supplies in an estimated annual amount of $87,956.60 from Bound Tree Medical,LLC for Wylie Fire Rescue through an Page |2 6 02/27/2024 Item A. interlocal agreement with the City of Midlothian and authorizing the City Manager to execute any and all necessary documents. N.Consider,and act upon,a Preliminary Plat of Lots 1-8,Block A of Ladylike Addition,creating eight commercial lots on 19.726 acres,located north of 801 North State Highway 78. O.Consider,and act upon,a Final Plat of Lot 1R-3R1,Block C of Woodlake Village,amending one commercial lot on 2.411 acres,located at 2016 North State Highway 78. P.Consider,and act upon,a Final Plat of Lot 11R,Block C of Regency Business Park Phase 3, amending one light industrial lot on 1.275 acres,located at 2772 Capital Street. Councilman Duke requested Item F,Mayor pro tem Forrester requested Item G,and Mayor Porter requested Item N be pulled from the Consent Agenda and considered individually. Council Action A motion was made by Councilman Mulliqi seconded by Councilman Williams,to approve Consent Agenda Items A-E,H-M,O,and P as presented.A vote was taken and the motion passed 6-0 with Councilman Strang absent. REGULAR AGENDA F.Consider,and place on file,the Animal Shelter Advisory Board report to City Council. Council Comments Councilman Duke asked if staff is giving input or if they are relying on the opinion of the consultant.Ollie replied staff would be involved in the process and would be giving input. Council Action A motion was made by Councilman Duke,seconded by Mayor pro tem Forrester,to approve Consent Agenda Item F as presented.A vote was taken and the motion passed 6-0 with Councilman Strang absent. G.Consider,and act upon,Resolution No.2024-07(R)authorizing the City Manager of the City of Wylie to execute,on behalf of the City Council of the City of Wylie,the Highway Crossing Overpass Construction Agreement between The Kansas City Southern Railway Company,Collin County,and the City of Wylie,Texas concerning the construction of the bridge railroad mainline crossing of the Park Boulevard Extension project. Staff Comments City Engineer Porter addressed the Council stating a couple of months ago the county and railroad approached the City requesting to be a part of an agreement.Staff and the City Attorney reviewed the proposed agreement and provided input,resulting in the final agreement being presented tonight.The City is not a part of the construction of the project,only included for future maintenance of the project.Porter added bridges in Texas are almost all designed by TxDOT standards which average about 50 years of life expectancy,and the City anticipates that it will be at least 15 years before any maintenance is needed on the bridge.TxDOT does send out investigators every year,and every two years they provide the City with a report that shows where the City is as far as the bridges and what scale they are on.Porter stated at this time,it is hard to estimate how much the maintenance costs will be,but Public Works does plan on budgeting funds for the maintenance of bridges,and added this year the City is doing a stormwater fee study that could potentially fund some bridge maintenance and TxDOT has three different programs that utilize state funding to support bridge maintenance.Porter added typically on a lot of these bridges,cities are only responsible for about 10 percent of the fixes even on non TxDOT roads.Porter stated although this is a county project,the City does plan on doing a walkthrough with our inspection team before the Page |3 7 02/27/2024 Item A. acceptance of the project to ensure that everything is done to our standards,but if it is done to TxDOT standards it usually holds up well. Council Comments Mayor pro tem Forrester asked for the time frame for construction,the target dates that the project will start,and the approximate completion date.City Engineer Porter replied they expect to begin in late spring/early summer of 2024 and be completed in the summer of 2026.Forrester confirmed there are no fees or expenses for the City. City Engineer Porter replied only maintenance costs after the project is completed.Forrester confirmed staff will set aside funds for the bridge and road maintenance.City Engineer Porter confirmed that this is correct. Councilman Mulliqi confirmed the City would be responsible for maintenance of the road that is only located in the City;not the parts in the county.City Engineer Porter replied yes;however,that discussion has not taken place yet as this agreement is for the bridge only which is located in the City.Mulliqi added he does not want the City to get overwhelmed with road maintenance and would like those discussions to be had with the county. Councilman Strang took his seat at the dias at 6:18 p.m. Council Action A motion was made by Mayor pro tem Forrester seconded by Councilman Williams,to approve Consent Agenda Item G as presented.A vote was taken and the motion passed 7-0. N.Consider,and act upon,a Preliminary Plat of Lots 1-8,Block A of Ladylike Addition,creating eight commercial lots on 19.726 acres,located north of 801 North State Highway 78. Council Comments Mayor Porter asked if a deceleration lane is included.Haskins replied not at this time but one would be built if Engineering requires it after reviewing.Porter expressed concerns with not having a deceleration lane with this size of a development.Haskins replied staff believes Engineering would require a deceleration lane on a busy roadway such as this with the higher speed limit.Porter confirmed the deceleration lane is not required to be part of the plat.Haskins replied it is not required.Mayor pro tem Forrester asked about a nearby traffic study.Haskins replied a traffic impact analysis does not usually show the need for a deceleration lane.Forrester stated he would want to see a deceleration lane.Haskins said there is a chance this development may require two deceleration lanes after Engineering review.Councilman Mulliqi confirmed staff does not know what these lots are being created for.Haskins replied staff has not seen development plans yet,but the plats would come before Council for approval. Council Action A motion was made by Councilman Williams,seconded by Councilman Hoover,to approve Consent Agenda Item N as presented.A vote was taken and the motion passed 7-0. 1.Consider,and act upon,Resolution No.2024-10(R)establishing a public newspaper of general circulation to be the “Official Newspaper”for the City of Wylie. Staff Comments City Secretary Storm addressed the Council stating each year,the City Council does have to designate an official newspaper for the City.The fees for the Dallas Morning News and Wylie News have been included in the agenda packet for consideration and recommendation. Council Action A motion was made by Mayor pro tem Forrester,seconded by Councilman Strang,to approve Resolution No. 2024-10(R)establishing the Wylie News as the “Official Newspaper”of the City of Wylie.A vote was taken and the motion passed 7-0. Page |4 8 02/27/2024 Item A. WORK SESSION Mayor Porter convened the Council into Work Session at 6:34 p.m. WS1.Discussion regarding the Capital Improvement Program (CIP)Project Status and 5-Year Plan. City Engineer Porter gave a presentation on the Capital Improvement Plan Project Status and 5-Year Plan including the Engineering Department responsibilities;recently completed capital projects;current capital projects including Eubanks Lane (SH 78 to NTMWD Driveway),E.FM 544 (Alfred to County Line),McMillen Road (McCreary to Country Club),Park Boulevard (Country Club to FM 2514),three signal projects,Ballard Water Tower,Dogwood Waterline Replacement,and Downtown Traffic and Drainage Improvements;five-year plan for streets,utility,and signals/lighting/other;current and future projects by others;and partner agency projects. Council comments and questions included does the City have money budgeted for waterline relocation on E.FM 544 for East Fork SUD waterlines,will this delay the project,and will the relocation of the water lines affect the traffic;want to ensure citizens can get from one side of town to the other and not overcrowd roadways as projects progress at the same time;is there an entity delaying the progress on McMillen Road;if staff runs into a lack of response for a period of time for the McMillen Road project please let Council know so they can assist;will there be any permits or anticipated delay with the Park Blvd.project;when will the Ballard Water Tower be demolished;what is the status of the discussions with TxDOT regarding the downtown traffic improvements;has staff reached out to Collin County regarding their section of Troy Road for the Kreymer Lane (SH 78 to Troy Road)project;confirmed about the process of the funding for the different projects presented;Council would like to assist with NCTCOG discussions if needed;are the street projects listed in priority order;would the funding for the five-year utility plan projects be part of the rate study;are some of the Woodbridge/Hensley signal funds carried forward with them not being utilized;is funding factored in for lights along E.Brown Street;status of the Sachse Road project with City of Sachse;look at completing the City’s portion of Sachse Road project to the bridge using the designated bond funds;and would like to see all costs associated,including operation and maintenance,with the projects as they come to fruition so Council has information on the future impacts. RECONVENE INTO REGULAR SESSION Mayor Porter reconvened the Council into Regular Session at 7:29 p.m. ADJOURNMENT A motion was made by Councilman Strang,seconded by Mayor pro tem Forrester,to adjourn the meeting at 7:30 p.m.A vote was taken and the motion passed 7-0. ______________________________ Matthew Porter,Mayor ATTEST: ______________________________ Stephanie Storm,City Secretary Page |5 9 02/27/2024 Item A. Wylie City Council AGENDA REPORT Department: Finance Account Code: Prepared By: Melissa Brown Subject Consider, and act upon, the City of Wylie Monthly Revenue and Expenditure Report for January 31, 2024. Recommendation Motion to approve the Item as presented. Discussion The Finance Department has prepared the attached reports for the City Council as required by the City Charter. 10 02/27/2024 Item B. CITY OF WYLIE MONTHLY FINANCIAL REPORT January 31, 2024 ANNUAL CURRENT YTD ACTUAL Benchmark BUDGET MONTH ACTUAL YTD ACTUAL AS A PERCENT 33.33% ACCOUNT DESCRIPTION 2023-2024 2023-2024 2023-2024 OF BUDGET GENERAL FUND REVENUE SUMMARY TAXES 39,807,333 8,606,693 28,538,561 71.69%A FRANCHISE FEES 2,953,146 12,871 424,125 14.36%B LICENSES AND PERMITS 1,275,000 76,922 279,798 21.94%C INTERGOVERNMENTAL REV. 2,609,490 60,805 881,629 33.79% SERVICE FEES 4,343,203 463,101 1,315,846 30.30% D COURT FEES 340,000 30,474 107,628 31.66% INTEREST INCOME 1,526,221 139,794 408,582 26.77%E MISCELLANEOUS INCOME 260,807 39,547 58,676 22.50% OTHER FINANCING SOURCES 2,645,506 0 2,647,283 100.07%F REVENUES 55,760,706 9,430,207 34,662,126 62.16% USE OF FUND BALANCE 0 0 0 0.00% USE OF CARRY-FORWARD FUNDS 1,914,392 NA NA NA G TOTAL REVENUES 57,675,098 9,430,207 34,662,126 60.10% GENERAL FUND EXPENDITURE SUMMARY CITY COUNCIL 96,401 2,588 23,669 24.55% CITY MANAGER 1,319,397 106,053 414,329 31.40% CITY SECRETARY 424,452 40,468 130,760 30.81% CITY ATTORNEY 170,000 4,713 46,646 27.44% FINANCE 1,399,631 134,139 641,706 45.85%H FACILITIES 1,069,225 70,635 283,697 26.53% MUNICIPAL COURT 609,517 46,321 186,945 30.67% HUMAN RESOURCES 866,880 109,070 315,803 36.43% PURCHASING 329,321 21,305 125,457 38.10% INFORMATION TECHNOLOGY 2,243,720 185,656 1,010,204 45.02%I POLICE 14,196,132 980,516 4,047,635 28.51% FIRE 16,604,336 1,116,764 4,368,925 26.31% EMERGENCY COMMUNICATIONS 2,638,451 127,127 655,762 24.85% ANIMAL CONTROL 785,941 39,762 207,233 26.37% PLANNING 380,280 27,802 104,280 27.42% BUILDING INSPECTION 657,941 35,400 177,306 26.95% CODE ENFORCEMENT 222,680 16,634 61,715 27.71% STREETS 4,206,796 394,918 1,006,225 23.92% PARKS 2,844,493 161,017 694,034 24.40% LIBRARY 2,328,582 172,201 717,138 30.80% COMBINED SERVICES 5,217,922 364,124 1,684,432 32.28% TOTAL EXPENDITURES 58,612,099 4,157,213 16,903,900 28.84% REVENUES OVER/(UNDER) EXPENDITURES -937,001 5,272,993 17,758,227 31.26% A. Property Tax Collections for FY23-24 as of Januar 31, 2024 are 88%, in comparison to FY22-23 for the same time period of 81%. Sales tax is on a 2 month lag and only two months have been received. Sales Tax is up 8.71%. B. Franchise Fees: Most franchise fees are recognized quarterly with electric fees making up the majority. C. Building Permits are up 29% from FY 2022-23. Permits fluctuate monthly and are anticipated to meet budget for FY 2023-24. D. Service Fees: Trash fees are on a one month lag and only three months have been received. The remaining fees are from other seasonal fees. E. Interest Rates have remained relatively flat over the last few months. Fund Balance has decreased due to large transfers to capital funds. F. Yearly transfer from Utility Fund and insurance recoveries. G. Largest Carry Forward items: $150,000 for PW/Community Services Software, $288,000 for police and streets vehicles, $338,840 for ambulance, $119,102 for APX Mobile Radios, $600,000 for Woodbridge/Hensley Traffic Signal. H. Annual audit and appraisal district fees I. Annual maintenance agreements 11 02/27/2024 Item B. CITY OF WYLIE MONTHLY FINANCIAL REPORT January 31, 2024 ANNUAL CURRENT YTD ACTUAL Benchmark BUDGET MONTH ACTUAL YTD ACTUAL AS A PERCENT 33.33% ACCOUNT DESCRIPTION 2023-2024 2023-2024 2023-2024 OF BUDGET UTILITY FUND REVENUES SUMMARY SERVICE FEES 29,434,997 2,153,232 7,122,272 24.20% J INTEREST INCOME 719,896 105,400 414,628 57.60% K MISCELLANEOUS INCOME 70,000 1,809 9,759 13.94% OTHER FINANCING SOURCES 0.00% REVENUES 30,224,893 2,260,441 7,546,659 24.97% USE OF FUND BALANCE 0 NA 0 0 USE OF CARRY-FORWARD FUNDS 1,449,523 NA NA NA L TOTAL REVENUES 31,674,416 NA 7,546,659 23.83% UTILITY FUND EXPENDITURE SUMMARY UTILITY ADMINISTRATION 660,340 20,680 142,406 21.57% UTILITIES - WATER 3,927,313 164,655 745,205 18.97% CITY ENGINEER 1,361,043 69,585 333,617 24.51% UTILITIES - SEWER 1,588,719 160,321 408,688 25.72% UTILITY BILLING 1,510,513 92,696 347,930 23.03% COMBINED SERVICES 20,218,615 1,287,481 7,332,398 36.27% M TOTAL EXPENDITURES 29,266,543 1,795,419 9,310,243 31.81% REVENUES OVER/(UNDER) EXPENDITURES 2,407,872 465,022 -1,763,585 -7.99% J. Most Utility Fund Revenue is on a one month lag and only three months have been received. K. Interest Rates have remained relatively flat over the last few months. Fund Balance has increased. L. Largest Carry Forward items: PW/Community Services Software $135,730, Lead and Copper Revision $150,964, Water Pump Station Backup Generators $736,937 and Dogwood Drive Waterline Replacement $100,000. M. Annual transfer to the General Fund. 12 02/27/2024 Item B. Wylie City Council AGENDA REPORT Department: Finance Account Code: Prepared By: Melissa Brown Subject Consider, and place on file, the City of Wylie Monthly Investment Report for January 31, 2024. Recommendation Motion to approve the Item as presented. Discussion The Finance Department has prepared the attached reports for the City Council as required by the City Charter. 13 02/27/2024 Item C. 14 02/27/2024 Item C. Wylie City Council AGENDA REPORT Department: WEDC Account Code: Prepared By: Jason Greiner Subject Consider, and place on file, the monthly Revenue and Expenditure Report for the Wylie Economic Development Corporation as of January 31, 2024. Recommendation Motion to approve the Item as presented. Discussion The Wylie Economic Development Corporation (WEDC) Board of Directors approved the attached financials on February 21, 2024. 15 02/27/2024 Item D. 2/15/2024 10:09:23 AM Page 1 of 3 January Rev/Exp Report Account Summary For Fiscal: 2023-2024 Period Ending: 01/31/2024 Fiscal Activity Variance Favorable (Unfavorable) Percent Remaining Current Total Budget Period Activity Original Total Budget Fund: 111 - WYLIE ECONOMIC DEVEL CORP Revenue SALES TAX 4,536,561.00 768,680.77 -3,767,880.23 83.06 %393,994.39111-4000-40210 4,536,561.00 ALLOCATED INTEREST EARNINGS 112,000.00 174,825.46 62,825.46 156.09 %45,361.29111-4000-46110 112,000.00 RENTAL INCOME 48,600.00 19,480.65 -29,119.35 59.92 %14,400.00111-4000-48110 48,600.00 MISCELLANEOUS INCOME 0.00 2,508.18 2,508.18 0.00 %1,250.00111-4000-48410 0.00 GAIN/(LOSS) SALE OF CAP ASSETS 2,655,970.00 -243,384.36 -2,899,354.36 109.16 %-20,000.00111-4000-48430 2,655,970.00 Revenue Total:722,110.70435,005.687,353,131.00 7,353,131.00 -6,631,020.30 90.18% Expense SALARIES 440,500.00 115,330.78 325,169.22 73.82 %27,832.90111-5611-51110 440,500.00 OVERTIME 0.00 871.40 -871.40 0.00 %0.00111-5611-51130 0.00 LONGEVITY PAY 1,200.00 1,092.00 108.00 9.00 %0.00111-5611-51140 1,200.00 TMRS 68,500.00 16,898.35 51,601.65 75.33 %4,066.10111-5611-51310 68,500.00 HOSPITAL & LIFE INSURANCE 81,000.00 19,919.32 61,080.68 75.41 %4,944.74111-5611-51410 81,000.00 LONG-TERM DISABILITY 1,600.00 117.00 1,483.00 92.69 %0.00111-5611-51420 1,600.00 FICA 27,000.00 6,715.48 20,284.52 75.13 %1,557.42111-5611-51440 27,000.00 MEDICARE 6,400.00 1,570.54 4,829.46 75.46 %364.24111-5611-51450 6,400.00 WORKERS COMP PREMIUM 2,100.00 825.66 1,274.34 60.68 %0.00111-5611-51470 2,100.00 UNEMPLOYMENT COMP (TWC)1,600.00 30.96 1,569.04 98.07 %25.96111-5611-51480 1,600.00 OFFICE SUPPLIES 5,000.00 1,563.37 3,436.63 68.73 %405.99111-5611-52010 5,000.00 POSTAGE & FREIGHT 300.00 158.40 141.60 47.20 %158.40111-5611-52040 300.00 FOOD SUPPLIES 3,000.00 742.16 2,257.84 75.26 %275.37111-5611-52810 3,000.00 FURNITURE & FIXTURES 2,500.00 -193.05 2,693.05 107.72 %0.00111-5611-54610 2,500.00 COMPUTER HARD/SOFTWARE 7,650.00 2,299.98 5,350.02 69.93 %0.00111-5611-54810 7,650.00 INCENTIVES 1,929,250.00 300,000.00 1,629,250.00 84.45 %300,000.00111-5611-56030 1,929,250.00 SPECIAL SERVICES 37,270.00 882.50 36,387.50 97.63 %252.50111-5611-56040 37,270.00 SPECIAL SERVICES-REAL ESTATE 234,500.00 33,439.46 201,060.54 85.74 %21,709.14111-5611-56041 234,500.00 SPECIAL SERVICES-INFRASTRUCTURE 10,324,000.00 6,101.36 10,317,898.64 99.94 %0.00111-5611-56042 10,324,000.00 ADVERTISING 226,125.00 46,121.62 180,003.38 79.60 %7,500.00111-5611-56080 226,125.00 COMMUNITY DEVELOPMENT 64,950.00 21,424.88 43,525.12 67.01 %4,718.23111-5611-56090 64,950.00 COMMUNICATIONS 7,900.00 1,477.13 6,422.87 81.30 %492.57111-5611-56110 7,900.00 RENTAL 27,000.00 9,000.00 18,000.00 66.67 %2,250.00111-5611-56180 27,000.00 TRAVEL & TRAINING 73,000.00 17,539.09 55,460.91 75.97 %237.96111-5611-56210 73,000.00 DUES & SUBSCRIPTIONS 60,733.00 31,611.85 29,121.15 47.95 %3,792.95111-5611-56250 60,733.00 INSURANCE 6,800.00 5,350.11 1,449.89 21.32 %0.00111-5611-56310 6,800.00 AUDIT & LEGAL SERVICES 23,000.00 13,745.67 9,254.33 40.24 %6,274.80111-5611-56510 23,000.00 ENGINEERING/ARCHITECTURAL 530,175.00 169,297.24 360,877.76 68.07 %84,824.13111-5611-56570 530,175.00 UTILITIES-ELECTRIC 2,400.00 634.32 1,765.68 73.57 %378.29111-5611-56610 2,400.00 PRINCIPAL PAYMENT 600,096.00 197,301.45 402,794.55 67.12 %49,578.66111-5611-57410 600,096.00 INTEREST EXPENSE 631,902.00 213,364.43 418,537.57 66.23 %53,087.81111-5611-57415 631,902.00 LAND-PURCHASE PRICE 1,000,000.00 7,079.00 992,921.00 99.29 %0.00111-5611-58110 1,000,000.00 CONTRA CAPITAL OUTLAY 0.00 -7,079.00 7,079.00 0.00 %0.00111-5611-58995 0.00 Expense Total:1,235,233.46574,728.1616,427,451.00 16,427,451.00 15,192,217.54 92.48% Fund: 111 - WYLIE ECONOMIC DEVEL CORP Surplus (Deficit):-513,122.76-139,722.48-9,074,320.00 -9,074,320.00 8,561,197.24 94.35% Report Surplus (Deficit):-139,722.48 -513,122.76-9,074,320.00 -9,074,320.00 8,561,197.24 94.35% 16 02/27/2024 Item D. Budget Report For Fiscal: 2023-2024 Period Ending: 01/31/2024 2/15/2024 10:09:23 AM Page 2 of 3 Group Summary Fiscal Activity Variance Favorable (Unfavorable) Period ActivityAccount Typ… Current Total Budget Original Total Budget Percent Remaining Fund: 111 - WYLIE ECONOMIC DEVEL CORP Revenue 722,110.70435,005.687,353,131.00 7,353,131.00 -6,631,020.30 90.18% Expense 1,235,233.46574,728.1616,427,451.00 16,427,451.00 15,192,217.54 92.48% -513,122.76-139,722.48-9,074,320.00 -9,074,320.00 8,561,197.24Fund: 111 - WYLIE ECONOMIC DEVEL CORP Surplus (Deficit):94.35% Report Surplus (Deficit):-139,722.48 -513,122.76-9,074,320.00 -9,074,320.00 8,561,197.24 94.35% 17 02/27/2024 Item D. Budget Report For Fiscal: 2023-2024 Period Ending: 01/31/2024 2/15/2024 10:09:23 AM Page 3 of 3 Fund Summary Fiscal Activity Variance Favorable (Unfavorable)Fund Period Activity Current Total Budget Original Total Budget 111 - WYLIE ECONOMIC DEVEL CORP -513,122.76-139,722.48-9,074,320.00 -9,074,320.00 8,561,197.24 Report Surplus (Deficit):-139,722.48 -513,122.76-9,074,320.00 -9,074,320.00 8,561,197.24 18 02/27/2024 Item D. Wylie Economic Development Corporation Statement of Net Position As of January 31, 2024 Assets Cash and cash equivalents 13,522,433.79$ Receivables 750,000.00$ Note 1 Inventories 14,645,353.88$ Prepaid Items -$ Total Assets 28,917,787.67$ Deferred Outflows of Resources Pensions 114,336.55$ Total deferred outflows of resources 114,336.55$ Liabilities Accounts Payable and other current liabilities 23,687.99$ Unearned Revenue 4,141.40$ Note 2 Non current liabilities: Due within one year 463,909.55$ Note 3 Due in more than one year 15,136,816.48$ Total Liabilities 15,628,555.42$ Deferred Inflows of Resources Pensions (8,336.41)$ Total deferred inflows of resources (8,336.41)$ Net Position Net investment in capital assets -$ Unrestricted 13,395,232.39$ Total Net Position 13,395,232.39$ Note 1: Includes incentives in the form of forgivable loans for $100,000 (Glen Echo), $450,000 (Phoenix Ascending), and $200,000 (MLKJ) Note 2: Deposits from rental property Note 3: Liabilities due within one year includes compensated absences of $32,301 19 02/27/2024 Item D. 2/15/2024 10:08:51 AM Page 1 of 3 Balance Sheet Account Summary As Of 01/31/2024 Account Name Balance Fund: 111 - WYLIE ECONOMIC DEVEL CORP Assets 111-1000-10110 CLAIM ON CASH AND CASH EQUIV.13,520,433.79 111-1000-10115 CASH - WEDC - INWOOD 0.00 111-1000-10135 ESCROW 0.00 111-1000-10180 DEPOSITS 2,000.00 111-1000-10198 OTHER - MISC CLEARING 0.00 111-1000-10341 TEXPOOL 0.00 111-1000-10343 LOGIC 0.00 111-1000-10481 INTEREST RECEIVABLE 0.00 111-1000-11511 ACCTS REC - MISC 0.00 111-1000-11517 ACCTS REC - SALES TAX 0.00 111-1000-12810 LEASE PAYMENTS RECEIVABLE 0.00 111-1000-12950 LOAN PROCEEDS RECEIVABLE 0.00 111-1000-12996 LOAN RECEIVABLE 0.00 111-1000-12997 ACCTS REC - JTM TECH 0.00 111-1000-12998 ACCTS REC - FORGIVEABLE LOANS 750,000.00 111-1000-14112 INVENTORY - MATERIAL/ SUPPLY 0.00 111-1000-14116 INVENTORY - LAND & BUILDINGS 14,645,353.88 111-1000-14118 INVENTORY - BAYCO/ SANDEN BLVD 0.00 111-1000-14310 PREPAID EXPENSES - MISC 0.00 111-1000-14410 DEFERRED OUTFLOWS 1,868,500.00 30,786,287.67Total Assets:30,786,287.67 Liability 111-2000-20110 FEDERAL INCOME TAX PAYABLE 0.00 111-2000-20111 MEDICARE PAYABLE 0.00 111-2000-20112 CHILD SUPPORT PAYABLE 0.00 111-2000-20113 CREDIT UNION PAYABLE 0.00 111-2000-20114 IRS LEVY PAYABLE 0.00 111-2000-20115 NATIONWIDE DEFERRED COMP 0.00 111-2000-20116 HEALTH INSUR PAY-EMPLOYEE -2,735.96 111-2000-20117 TMRS PAYABLE 5,902.40 111-2000-20118 ROTH IRA PAYABLE 0.00 111-2000-20119 WORKERS COMP PAYABLE 0.00 111-2000-20120 FICA PAYABLE 0.00 111-2000-20121 TEC PAYABLE 0.00 111-2000-20122 STUDENT LOAN LEVY PAYABLE 0.00 111-2000-20123 ALIMONY PAYABLE 0.00 111-2000-20124 BANKRUPTCY PAYABLE 0.00 111-2000-20125 VALIC DEFERRED COMP 0.00 111-2000-20126 ICMA PAYABLE 0.00 111-2000-20127 EMP. LEGAL SERVICES PAYABLE 0.00 111-2000-20130 FLEXIBLE SPENDING ACCOUNT 3,362.42 111-2000-20131 EDWARD JONES DEFERRED COMP 0.00 111-2000-20132 EMP CARE FLITE 12.00 111-2000-20133 Unemployment Comp Payable 30.97 111-2000-20151 ACCRUED WAGES PAYABLE 0.00 111-2000-20180 ADDIT EMPLOYEE INSUR PAY 135.18 111-2000-20199 MISC PAYROLL PAYABLE 0.00 111-2000-20201 AP PENDING 16,980.98 111-2000-20210 ACCOUNTS PAYABLE 0.00 111-2000-20530 PROPERTY TAXES PAYABLE 0.00 111-2000-20540 NOTES PAYABLE 1,868,500.00 111-2000-20810 DUE TO GENERAL FUND 0.00 20 02/27/2024 Item D. Balance Sheet As Of 01/31/2024 2/15/2024 10:08:51 AM Page 2 of 3 Account Name Balance 111-2000-22270 DEFERRED INFLOW 0.00 111-2000-22275 DEF INFLOW - LEASE PRINCIPAL 0.00 111-2000-22280 DEFERRED INFLOW - LEASE INT 0.00 111-2000-22915 RENTAL DEPOSITS 4,141.40 1,896,329.39Total Liability: Equity 111-3000-34110 FUND BALANCE - RESERVED 0.00 111-3000-34590 FUND BALANCE-UNRESERV/UNDESIG 29,403,081.04 29,403,081.04Total Beginning Equity: 722,110.70Total Revenue 1,235,233.46Total Expense -513,122.76Revenues Over/Under Expenses Total Liabilities, Equity and Current Surplus (Deficit):30,786,287.67 28,889,958.28Total Equity and Current Surplus (Deficit): 21 02/27/2024 Item D. Balance Sheet As Of 01/31/2024 2/15/2024 10:08:51 AM Page 3 of 3 Account Name Balance Fund: 922 - GEN LONG TERM DEBT (WEDC) Assets 0.00Total Assets:0.00 Liability 922-2000-28248 GOVCAP LOAN/SERIES 2022 7,556,077.29 7,556,077.29Total Liability: Total Liabilities, Equity and Current Surplus (Deficit):7,556,077.29 0.00Total Equity and Current Surplus (Deficit): *** FUND 922 OUT OF BALANCE ***-7,556,077.29 ***Warning: Account Authorization is turned on. Please run the Unauthorized Account Listing Report to see if you are out of balance due to missing accounts *** 22 02/27/2024 Item D. MONTH FY 2021 FY 2022 FY 2023 FY 2024 DECEMBER 235,381.33$ 263,577.66$ 338,726.54$ 374,686.38$ 35,959.83$ 10.62% JANUARY 262,263.52$ 326,207.92$ 368,377.73$ 393,994.39$ 25,616.67$ 6.95% FEBRUARY 456,571.35$ 417,896.79$ 480,381.11$ -$ MARCH 257,187.91$ 305,605.50$ 313,686.17$ -$ APRIL 221,881.55$ 265,773.80$ 310,050.94$ -$ MAY 400,371.70$ 401,180.20$ 434,878.33$ -$ JUNE 290,586.92$ 343,371.26$ 330,236.89$ -$ JULY 314,559.10$ 331,432.86$ 379,162.00$ -$ AUGUST 390,790.76$ 429,696.16$ 448,253.70$ -$ SEPTEMBER 307,681.15$ 337,512.61$ 371,880.65$ -$ OCTOBER 326,382.38$ 346,236.36$ 377,466.67$ -$ NOVEMBER 411,813.32$ 392,790.84$ 458,694.91$ -$ Sub-Total 3,875,470.98$ 4,161,281.96$ 4,611,795.64$ 768,680.77$ 61,576.50$ 8.79% Total 3,875,470.98$ 4,161,281.96$ 4,611,795.64$ 768,680.77$ 61,576.50$ 8.79% *** Sales Tax collections typically take 2 months to be reflected as Revenue. SlsTx receipts are then accrued back 2 months. Example: January SlsTx Revenue is actually November SlsTx and is therefore the 2nd allocation in FY24. DIFF 23 vs. 24 % DIFF 23 vs. 24 Wylie Economic Development Corporation SALES TAX REPORT January 31, 2024 BUDGETED YEAR $0 $50,000 $100,000 $150,000 $200,000 $250,000 $300,000 $350,000 $400,000 $450,000 $500,000 WEDC Sales Tax Analysis 2023 2024 23 02/27/2024 Item D. PERFORMANCE AGREEMENTS FY 2024 FY 2025 FY 2026 FY 2027 FY 2028 LUV-ROS 10,000.00$ -$ -$ -$ -$ -$ -$ 10,000.00$ 10,000.00$ A AMERICAN ENTITLEMENTS II 35,000.00$ 25,000.00$ 10,000.00$ -$ -$ -$ 10,000.00$ -$ 35,000.00$ NORTH DALLAS WYLIE LAND 120,000.00$ 20,000.00$ -$ -$ -$ -$ -$ 100,000.00$ 120,000.00$ AXL 65,000.00$ 9,250.00$ 9,250.00$ -$ -$ -$ 9,250.00$ 46,500.00$ 65,000.00$ GLEN ECHO BREWING 100,000.00$ 50,000.00$ 30,000.00$ 20,000.00$ -$ -$ 50,000.00$ -$ 100,000.00$ B MLKJ 80,000.00$ -$ 40,000.00$ 40,000.00$ -$ -$ 80,000.00$ -$ 80,000.00$ C CLF II LI WYLIE (LOVETT)1,300,000.00$ 650,000.00$ 650,000.00$ -$ -$ -$ 650,000.00$ -$ 1,300,000.00$ DEANAN/DANK 30,000.00$ 15,000.00$ -$ -$ -$ -$ -$ 15,000.00$ 30,000.00$ FIREWATER 300,000.00$ 100,000.00$ -$ -$ -$ -$ -$ 200,000.00$ 300,000.00$ PHOENIX ASCENDING -$ -$ -$ -$ -$ -$ -$ -$ -$ D SANDEN INTERNATIONAL 500,000.00$ 300,000.00$ 200,000.00$ -$ -$ -$ 200,000.00$ -$ 500,000.00$ 2,540,000.00$ 1,169,250.00$ 939,250.00$ 60,000.00$ -$ -$ 999,250.00$ 371,500.00$ 2,540,000.00$ Deferred Out Flow 1,868,500.00$ A. Performance Agreeement ($10,000) and Forgiveable Land Grant ($60,000 forgiven over 3 years). $20,000/year in 2022, 2023, & 2024. B. Performance Agreeement ($100,000) and Forgiveable Land Grant ($100,000 forgiven over 3 years). $33,000 CO, $33,000 in 2025, and $34,000 in 2026. C. Performance Agreeement ($80,000) and Forgiveable Land Grant ($200,000 forgiven over 3 years). $50,000 CO & $50,000/year in 2025, 2026, & 2027. D. Forgiveable Land Grant ($450,000 forgiven over 4 years). $112,500 CO & $112,500/year in 2026, 2027, & 2028. Wylie Economic Development Corporation PERFORMANCE AGREEMENT REPORT January 31, 2024 TOTAL INCENTIVE REMAINING AFTER CURRENT FY PREVIOUS FY PAYMENTS TOTAL INCENTIVE 24 02/27/2024 Item D. Wylie City Council AGENDA REPORT Department: Planning Account Code: Prepared By: Jasen Haskins Subject Consider, and act upon, a Final Plat of Upwind Capital Addition, being a replat of Lots 2R and 3, Block A of Upwind Capital Addition, establishing two commercial lots on 3.107 acres, located at 2009 North State Highway 78. Recommendation Motion to approve Item as presented. Discussion OWNER: Main and Main Capital Group, LLC APPLICANT: Main and Main Capital Group, LLC The applicant has submitted a replat to establish two commercial lots and dedicate necessary easements. The property is located at 2009 N. SH 78 and is zoned Commercial Corridor (CC). The site plan for a Dutch Bros Coffee Shop is to be located on Lot 3 as allowed by a Special Use Permit approved in September 2023. This plat is dedicating a 30’ fire lane easement with access from SH 78, maneuverability for vehicles to exit the property, and a cross access easement to the property to the west (Popshelf). The plat is technically correct and abides by all aspects of the City of Wylie Subdivision Regulations. Approval is subject to additions and alterations as required by the City Engineering Department. The City Council must provide a written statement of the reasons for conditional approval or disapproval to the applicant in accordance with Article 212, Section 212.0091 of the Texas Local Government Code. P&Z Recommendation The Commission voted 7-0 to recommend approval. 25 02/27/2024 Item E. 26 02/27/2024 Item E. Wylie City Council AGENDA REPORT Department: Planning Account Code: Prepared By: Jasen Haskins Subject Consider, and act upon, a Final Plat of Dodd Elementary Addition, establishing one residential lot on 9.589 acres, located at 1500 Park Boulevard. Recommendation Motion to approve Item as presented. Discussion OWNER: Wylie ISD APPLICANT: RLK Engineering The applicant has submitted a final plat to establish one residential lot and dedicate necessary right -of-way. The property is located at 1500 Park Boulevard and is zoned Residential (SF-10/24). The elementary school use is allowed by-right. The plat for Dodd Elementary was previously approved by City Council in September of 1998; However the plat document was never recorded with the County, therefore a new submittal was required. This plat is dedicating a 24’ fire lane, access, utility and drainage easement for existing drives and utilities for Dodd Elementary. Additionally, 50’ of right-of-way is dedicated for Park Boulevard and 25’ of right-of-way is dedicated for Cheyenne Road. The plat is technically correct and abides by all aspects of the City of Wylie Subdivision Regulations. Approval is subject to additions and alterations as required by the City Engineering Department. The City Council must provide a written statement of the reasons for conditional approval or disapproval to the applicant in accordance with Article 212, Section 212.0091 of the Texas Local Government Code. P&Z Recommendation The Commission voted 7-0 to recommend approval. 27 02/27/2024 Item F. 28 02/27/2024 Item F. 29 02/27/2024 Item F. Wylie City Council AGENDA REPORT Department: Police Account Code: Prepared By: Anthony Henderson Subject Consider, and place on file, the Wylie Police Department 2023 Racial Profiling Analysis. Recommendation Motion to approve the Item as presented. Discussion Texas Senate Bill (SB 1074), Sandra Bland Act, and HB 3051 requires Police Departments to collect traffic-related contact data and report the contact data to their governing body every year, no later than March of the following year. The 2023 Wylie Police Department Annual Racial Profiling Analysis meets all requirements of SB 1074, HB 3051, HB 3389, and the Sandra Bland Act. Exhibit: Report by Justice Research Consultants, LLC. 30 02/27/2024 Item G. WYLIE POLICE DEPARTMENT 2023 RACIAL PROFILING ANALYSIS PREPARED BY: Eric J. Fritsch, Ph.D. Chad R. Trulson, Ph.D. Justice Research Consultants, LLC 31 02/27/2024 Item G. Executive Summary Article 2.132-2.134 of the Texas Code of Criminal Procedure (CCP) requires the annual reporting to the local governing body of data collected on motor vehicle stops in which a ticket, citation, or warning was issued and to arrests made as a result of those stops, in addition to data collection and reporting requirements. Article 2.134 of the CCP directs that “a comparative analysis of the information compiled under 2.133” be conducted, with specific attention to the below areas: 1. evaluate and compare the number of motor vehicle stops, within the applicable jurisdiction, of persons who are recognized as racial or ethnic minorities and persons who are not recognized as racial or ethnic minorities; 2. examine the disposition of motor vehicle stops made by officers employed by the agency, categorized according to the race or ethnicity of affected persons, as appropriate, including any searches resulting from stops within the applicable jurisdiction; 3. evaluate and compare the number of searches resulting from motor vehicle stops within the applicable jurisdiction and whether contraband or other evidence was discovered in the course of those searches; and 4. information relating to each complaint filed with the agency alleging that a peace officer employed by the agency has engaged in racial profiling. The analysis of material and data from the Wylie Police Department revealed the following: • A COMPREHENSIVE REVIEW OF THE WYLIE POLICE DEPARTMENT REGULATIONS, SPECIFICALLY POLICY 614 OUTLINING THE DEPARTMENT’S POLICY CONCERNING UNBIASED POLICING, SHOWS THAT THE WYLIE POLICE DEPARTMENT IS FULLY IN COMPLIANCE WITH ARTICLE 2.132 OF THE TEXAS CODE OF CRIMINAL PROCEDURE. • A REVIEW OF THE INFORMATION PRESENTED AND SUPPORTING DOCUMENTATION REVEALS THAT THE WYLIE POLICE DEPARTMENT IS FULLY IN COMPLIANCE WITH TEXAS LAW ON TRAINING AND EDUCATION REGARDING RACIAL PROFILING. • A REVIEW OF THE DOCUMENTATION PRODUCED BY THE DEPARTMENT IN BOTH PRINT AND ELECTRONIC FORM REVEALS THAT THE DEPARTMENT IS FULLY IN COMPLIANCE WITH APPLICABLE TEXAS LAW ON THE RACIAL PROFILING COMPLAINT PROCESS AND PUBLIC EDUCATION ABOUT THE COMPLAINT PROCESS. • ANALYSIS OF THE DATA REVEALS THAT THE DEPARTMENT IS FULLY IN COMPLIANCE WITH APPLICABLE TEXAS LAW ON THE COLLECTION OF RACIAL PROFILING DATA. • THE WYLIE POLICE DEPARTMENT IS FULLY IN COMPLIANCE WITH APPLICABLE TEXAS LAW CONCERNING THE REPORTING OF INFORMATION TO TCOLE. • THE WYLIE POLICE DEPARTMENT IS FULLY IN COMPLIANCE WITH APPLICABLE TEXAS LAW REGARDING CCP ARTICLES 2.132-2.134. 32 02/27/2024 Item G. Introduction This report details an analysis of the Wylie Police Department’s policies, training, and statistical information on racial profiling for the year 2023. This report has been prepared to specifically comply with Article 2.132, 2.133, and 2.134 of the Texas Code of Criminal Procedure (CCP) regarding the compilation and analysis of traffic stop data. Specifically, the analysis will address Articles 2.131 – 2.134 of the CCP and make a determination of the level of compliance with those articles by the Wylie Police Department in 2023. The full copies of the applicable laws pertaining to this report are contained in Appendix A. This report is divided into six sections: (1) Wylie Police Department’s policy on racial profiling; (2) Wylie Police Department’s training and education on racial profiling; (3) Wylie Police Department’s complaint process and public education on racial profiling; (4) analysis of Wylie Police Department’s traffic stop data; (5) additional traffic stop data to be reported to TCOLE; and (6) Wylie Police Department’s compliance with applicable laws on racial profiling. For the purposes of this report and analysis, the following definition of racial profiling is used: 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 (Texas CCP Article 3.05). Wylie Police Department Policy on Racial Profiling A review of Wylie Police Department Policy 614 “Unbiased Policing” revealed that the department has adopted policies in compliance with Article 2.132 of the Texas CCP (see Appendix B). There are seven specific requirements mandated by Article 2.132 that a law enforcement agency must address. All seven are clearly covered in Policy 614. Wylie Police Department regulations provide clear direction that any form of bias-based policing is prohibited and that officers found engaging in inappropriate profiling may be disciplined up to and including termination. The regulations also provide a very clear statement of the agency’s philosophy regarding equal treatment of all persons regardless of race or ethnicity. Appendix C lists the applicable statute and corresponding Wylie Police Department regulation. A COMPREHENSIVE REVIEW OF WYLIE POLICE DEPARTMENT POLICY 614 SHOWS THAT THE WYLIE POLICE DEPARTMENT IS FULLY IN COMPLIANCE WITH ARTICLE 2.132 OF THE TEXAS CODE OF CRIMINAL PROCEDURE. Wylie Police Department Training and Education on Racial Profiling Texas Occupation Code § 1701.253 and § 1701.402 require that curriculum be established and training certificates issued on racial profiling for all Texas peace officers. Documentation provided by Wylie Police Department reveals that all officers have received bias-based/racial profiling training. It should also be noted that Wylie Police Department is in the process of becoming accredited with Texas Best Practices, and one requirement of that process is that officers are assigned Policy 614 (Unbiased Policing) and are tested on the policy through PowerDMS. 33 02/27/2024 Item G. A REVIEW OF THE INFORMATION PRESENTED AND SUPPORTING DOCUMENTATION REVEALS THAT THE WYLIE POLICE DEPARTMENT IS FULLY IN COMPLIANCE WITH TEXAS LAW ON TRAINING AND EDUCATION REGARDING RACIAL PROFILING. Wylie Police Department Complaint Process and Public Education on Racial Profiling Article 2.132 §(b)3-4 of the Texas Code of Criminal Procedure requires that law enforcement agencies implement a complaint process on racial profiling and that the agency provide public education on the complaint process. Wylie Police Department Policy 614 Section V and VI cover this requirement. The department also has information on how to file a complaint on their website (https://www.wylietexas.gov/about_us/divisions_and_units/professional_standards.php). A REVIEW OF THE DOCUMENTATION PRODUCED BY THE DEPARTMENT IN BOTH PRINT AND ELECTRONIC FORM REVEALS THAT THE DEPARTMENT IS FULLY IN COMPLIANCE WITH APPLICABLE TEXAS LAW ON THE RACIAL PROFILING COMPLAINT PROCESS AND PUBLIC EDUCATION ABOUT THE COMPLAINT PROCESS. Wylie Police Department Statistical Data on Racial Profiling Article 2.132(b) 6 and Article 2.133 requires that law enforcement agencies collect statistical information on motor vehicle stops in which a ticket, citation, or warning was issued and to arrests made as a result of those stops, in addition to other information noted previously. Wylie Police Department submitted statistical information on all motor vehicle stops in 2023 and accompanying information on the race/ethnicity of the person stopped. Accompanying this data was the relevant information required to be collected and reported by law. ANALYSIS OF THE DATA REVEALS THAT THE DEPARTMENT IS FULLY IN COMPLIANCE WITH APPLICABLE TEXAS LAW ON THE COLLECTION OF RACIAL PROFILING DATA. Analysis of the Data Comparative Analysis #1: Evaluate and compare the number of motor vehicle stops, within the applicable jurisdiction, of persons who are recognized as racial or ethnic minorities and persons who are not recognized as racial or ethnic minorities. Texas Code of Criminal Procedure Article 2.134(c)(1)(A) The first chart depicts the percentages of people stopped by race/ethnicity among the total 10,376 motor vehicle stops in which a ticket, citation, or warning was issued, including arrests made, in 2023.1 1 There were 132 motor vehicle stops of drivers considered Alaska Native/American Indian. These motor vehicle stops were not charted in the first figure of this report due to the small number of stops relative to the population of the City of Wylie and relative to the total number of motor vehicle stops among all drivers (10,376). 34 02/27/2024 Item G. Chart 1: Percentage of Motor Vehicle Stops in Comparison to Benchmarks White drivers constituted 47.54 percent of all drivers stopped, whereas Whites constitute 51.42 percent of the city population, 50.96 percent of the Collin county population, 27.74 percent of the Dallas county population, 65.11 percent of the Rockwall county population, and 43.43 percent of the region population.2 Black drivers constituted 19.67 percent of all drivers stopped, whereas Blacks constitute 13.55 percent of the city population, 10.16 percent of the Collin county population, 21.61 percent of the Dallas county population, 7.59 percent of the Rockwall county population, and 15.39 percent of the region population. Hispanic drivers constituted 23.27 percent of all drivers stopped, whereas Hispanics constitute 19.57 percent of the city population, 15.90 percent of the Collin county population, 40.48 percent of the Dallas county population, 19.07 percent of the Rockwall county population, and 29.06 percent of the region population. Asian drivers constituted 8.25 percent of all drivers stopped, whereas Asians constitute 9.90 percent of the city population, 17.70 percent of the Collin county population, 6.94 percent of the 2 City and County and Regional populations were derived from 2020 Decennial Census Redistricting Data (DEC) of the U.S. Census Bureau. Region is defined as the 16 county Dallas-Ft. Worth Area including the following counties: Collin, Dallas, Denton, Ellis, Erath, Hood, Hunt, Johnson, Kaufman, Navarro, Palo Pinto, Parker, Rockwall, Somervell, Tarrant, and Wise. City and County populations by gender noted later in this report are based on 2019 American Community Survey estimates. 35 02/27/2024 Item G. Dallas county population, 3.07 percent of the Rockwall county population, and 7.70 percent of the region population. The chart shows that White drivers are stopped at rates lower than the percentage of Whites found in the city, Collin county, and Rockwall county population but higher than the percentage of Whites in the Dallas county and regional population. Black drivers are stopped at rates higher than the percentage of Blacks found in the city, Collin county, Rockwall county, and regional population, but lower than the percentage of Blacks in the Dallas county population. Hispanic drivers are stopped at rates higher than the percentage of Hispanics found in the city, Collin county and Rockwall county population, but lower than the percentage of Hispanics in the Dallas county and regional populations. Asian drivers are stopped at rates almost equal to the percentage of Asians found in the regional population, lower than the percentage of Asians found in the city and Collin county population, and higher than the percentage of Asians in the Dallas county and Rockwall county population. Methodological Issues Upon examination of the data, it is important to note that differences in overall stop rates of a particular racial or ethnic group, compared to that racial or ethnic group’s proportion of the population, cannot be used to make determinations that officers have or have not racially profiled any given individual motorist. Claims asserting racial profiling of an individual motorist from the aggregate data utilized in this report are erroneous. For example, concluding that a particular driver of a specific race/ethnicity was racially profiled simply because members of that particular racial/ethnic group as a whole were stopped at a higher rate than their proportion of the population—are as erroneous as claims that a particular driver of a specific race/ethnicity could NOT have been racially profiled simply because the percentage of stops among members of a particular racial/ethnic group as a whole were stopped at a lower frequency than that group’s proportion of the particular population base (e.g., city or county population). In short, aggregate data as required by law and presented in this report cannot be used to prove or disprove that a member of a particular racial/ethnic group was racially profiled. Next, we discuss the reasons why using aggregate data—as currently required by the state racial profiling law—are inappropriate to use in making claims that any individual motorist was racially profiled. Issue #1: Using Group-Level Data to Explain Individual Officer Decisions The law dictates that police agencies compile aggregate-level data regarding the rates at which agencies collectively stop motorists in terms of their race/ethnicity. These aggregated data are to be subsequently analyzed in order to determine whether or not individual officers are “racially profiling" motorists. This methodological error, commonly referred to as the "ecological fallacy," defines the dangers involved in making assertions about individual officer decisions based on the examination of aggregate stop data. In short, one cannot prove that an individual officer has racially profiled any individual motorist based on the rate at which a department stops any given group of motorists. In sum, aggregate level data cannot be used to assess individual officer decisions, but the state racial profiling law requires this assessment. 36 02/27/2024 Item G. Issue #2: Problems Associated with Population Base-Rates There has been considerable debate as to what the most appropriate population “base-rate” is in determining whether or not racial/ethnic disparities exist. The base-rate serves as the benchmark for comparison purposes. The outcome of analyses designed to determine whether or not disparities exist is dependent on which base-rate is used. While this report utilized the most recent 2020 Census as a population base-rate, this population measure can become quickly outdated, may be inaccurate, and may not keep pace with changes experienced in city and county and regional population measures. Utilizing a different base rate can make differences regarding whether disproportionality exists or not. Even then, as noted above, disproportionality in the rate of stops among different racial/ethnic groups does not automatically equate to a finding of racial profiling. In addition, the validity of the benchmark base-rate becomes even more problematic if analyses fail to distinguish between residents and non-residents who are stopped. This is because the existence of significant proportions of non-resident stops will lead to invalid conclusions if racial/ethnic comparisons are made exclusively to resident population figures. In sum, a valid measure of the driving population does not exist. As a proxy, census data is used which is problematic as an indicator of the driving population. In addition, stopped motorists who are not residents of the city, county, or region where the motor vehicle stop occurred are not included in the benchmark base-rate. Issue #3: Officers Do Not Know the Race/Ethnicity of the Motorist Prior to the Stop As illustrated in Table 3 near the end of this report, of the 10,376 motor vehicle stops in 2023, the officer knew the race/ethnicity of the motorist prior to the stop in 4.6% of the stops (480/10,376). This percentage is consistent across law enforcement agencies throughout Texas. An analysis of all annual racial profiling reports submitted to the Texas Commission on Law Enforcement, as required by the Texas racial profiling law, found that in 2.9% of the traffic stops in Texas, the officer knew the race/ethnicity of the motorist prior to the stop.3 The analysis included 1,186 Texas law enforcement agencies and more than 3.25 million traffic stops. As noted, the legal definition of racial profiling in the Texas Code of Criminal Procedure Article 3.05 is “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.” Almost always, Wylie PD officers do not know the race/ethnicity of the motorist prior to the stop. This factor further invalidates any conclusions drawn from the stop data presented in Chart 1. If an officer does not know the race/ethnicity of the motorist prior to the stop, then the officer cannot, by legal definition, be racial profiling. Racial profiling is a law-enforcement action based on the race/ethnicity of an individual. If the officer does not know the person’s 3 Winkler, Jordan M. (2016). Racial Disparity in Traffic Stops: An Analysis of Racial Profiling Data in Texas. Master’s Thesis. University of North Texas. 37 02/27/2024 Item G. race/ethnicity before the action (in this case, stopping a vehicle), then racial profiling cannot occur. Based on this factor, post-stop outcomes are more relevant for a racial profiling assessment, as presented later in this report, in comparison to initial motor vehicle stop data disaggregated by race/ethnicity. Once the officer has contacted the motorist after the stop, the officer has identified the person’s race/ethnicity and all subsequent actions are more relevant to a racial profiling assessment than the initial stop data. In short, the methodological problems outlined above point to the limited utility of using aggregate level comparisons of the rates at which different racial/ethnic groups are stopped in order to determine whether or not racial profiling exists within a given jurisdiction. Table 1 reports the summaries for the total number of motor vehicle stops in which a ticket, citation, or warning was issued, and to arrests made as a result of those stops, by the Wylie Police Department in 2023. Table 1 and associated analyses are utilized to satisfy the comparative analyses as required by Texas law, and in specific, Article 2.134 of the CCP. Comparative Analysis #2: Examine the disposition of motor vehicle stops made by officers employed by the agency, categorized according to the race or ethnicity of affected persons, as appropriate, including any searches resulting from stops within the applicable jurisdiction. Texas Code of Criminal Procedure Article 2.134(c)(1)(B) As shown in Table 1, there were a total of 10,376 motor vehicle stops in 2023 in which a ticket, citation, or warning was issued. The table also shows arrests made as a result of those stops. Roughly 67 percent of stops resulted in a verbal warning (6,985/10,376), roughly 14 percent resulted in a written warning, and roughly 16 percent resulted in a citation. These actions accounted for roughly 97 percent of all stop actions and will be discussed in greater detail below. Specific to verbal warnings, White motorists received a verbal warning in roughly 67 percent of stops involving White motorists (3,285/4,933), Black motorists received a verbal warning in roughly 68 percent of stops of Black motorists, Hispanic motorists received a verbal warning in roughly 64 percent of stops of Hispanic motorists, and Asian motorists received a verbal warning in roughly 75 percent of stops of Asian motorists. Specific to written warnings, White motorists received a written warning in roughly 15 percent of stops involving White motorists (745/4,933), Black motorists received a written warning in roughly 14 percent of stops of Black motorists, Hispanic motorists received a written warning in roughly 12 percent of stops of Hispanic motorists, and Asian motorists received a written warning in roughly 9 percent of stops of Asian motorists. Specific to citations, White motorists received a citation in roughly 16 percent of stops involving White motorists (773/4,933), Black motorists received a citation in roughly 15 percent of stops of Black motorists, Hispanic motorists received a citation in roughly 19 percent of stops of 38 02/27/2024 Item G. Hispanic motorists, and Asian motorists received a citation in roughly 14 percent of stops of Asian motorists. Of the 10,376 total stops in 2023, 328 arrests [written warning and arrest (11), citation and arrest (26) and arrest only (291)] were made, and this accounts for 3.2 percent of all stops. White motorists were arrested in 2.6 percent of stops involving White motorists (130/4,933), Black motorists were arrested in 3.9 percent of stops involving Black motorists, Hispanic motorists were arrested in 4.5 percent of stops involving Hispanic motorists, and Asian motorists were arrested in 0.9 percent of stops involving Asian motorists. As illustrated in Table 1, most arrests were based on a violation of the penal code (52.7%; 173/328) or an outstanding warrant (39.0%; 128/328). Finally, as presented in Table 1, physical force resulting in bodily injury occurred once in 2023. Of the 10,376 total stops, one involved physical force resulting in bodily injury. In this instance, the officer was injured. 39 02/27/2024 Item G. Table 1: Traffic Stops and Outcomes by Race/Ethnicity Stop Table White Black Hispanic /Latino Asian /Pacific Islander Alaska Native /American Indian Total Number of Stops 4,933 2,041 2,414 856 132 10,376 Gender Female 1,868 745 641 265 35 3,554 Male 3,065 1,296 1,773 591 97 6,822 Reason for Stop Violation of Law 72 26 41 8 3 150 Preexisting Knowledge 100 57 123 6 0 286 Moving Traffic Violation 3,081 1,236 1,318 640 62 6,337 Vehicle Traffic Violation 1,680 722 932 202 67 3,603 Result of Stop Verbal Warning 3,285 1,383 1,555 645 117 6,985 Written Warning 745 279 295 79 3 1,401 Citation 773 299 456 124 10 1,662 Written Warning and Arrest 7 2 2 0 0 11 Citation and Arrest 6 10 10 0 0 26 Arrest 117 68 96 8 2 291 Arrest Based On Violation of Penal Code 74 30 62 5 2 173 Violation of Traffic Law 9 9 7 2 0 27 Violation of City Ordinance 0 0 0 0 0 0 Outstanding Warrant 47 41 39 1 0 128 Physical Force Resulting in Bodily Injury Used? No 4,932 2,041 2,414 856 132 10,375 Yes 1 0 0 0 0 1 40 02/27/2024 Item G. Comparative Analysis #3: Evaluate and compare the number of searches resulting from motor vehicle stops within the applicable jurisdiction and whether contraband or other evidence was discovered in the course of those searches. Texas Code of Criminal Procedure Article 2.134(c)(1)(C) In 2023, a total of 453 searches of motorists were conducted, or 4.4 percent of all stops resulted in a search (453/10,376). Among searches within each racial/ethnic group, White motorists were searched in 3.6 percent of all stops of White motorists (176/4,933), Black motorists were searched in 6.6 percent of all stops of Black motorists, Hispanic motorists were searched in 5.6 percent of all stops of Hispanic motorists, and Asian motorists were searched in 0.8 percent of all stops of Asian motorists. As illustrated in Table 2, the most common reason for a search was probable cause (40.6%; 184/453). Among probable cause searches within each racial/ethnic group, White motorists were searched based on probable cause in roughly 40 percent of all searches of White motorists (70/176), Black motorists were searched based on probable cause in roughly 50 percent of all searches of Black motorists, Hispanic motorists were searched based on probable cause in roughly 34 percent of all searches of Hispanic motorists, and Asian motorists were searched based on probable cause in roughly 14 percent of all searches of Asian motorists (1 probable cause search out of a total 7 searches of Asian motorists). Regarding searches, it should be noted that 104 searches (see Table 2) were based on consent, which are regarded as discretionary as opposed to non-discretionary searches. Relative to the total number of stops (10,376), discretionary consent searches occurred in 1.0 percent of stops. Among consent searches within each racial/ethnic group, White motorists were searched based on consent in roughly 27 percent of all searches of White motorists (47/176), Black motorists were searched based on consent in roughly 15 percent of all searches of Black motorists, Hispanic motorists were searched based on consent in roughly 27 percent of all searches of Hispanic motorists, and Asian motorists were searched based on consent in roughly 14 percent of all searches of Asian motorists (1 consent search out of a total 7 searches of Asian motorists). Of the searches that occurred in 2023, and as shown in Table 2, contraband was discovered in 259 or roughly 57 percent of all searches (259/453 total searches). Among the searches in which contraband was discovered, roughly 73 percent of the time the contraband discovered was drugs (189/259). Finally, as illustrated in Table 2, when contraband was discovered, motorists were arrested roughly 32 percent of the time (83/259). 41 02/27/2024 Item G. Table 2: Searches and Outcomes by Race/Ethnicity Search Table White Black Hispanic /Latino Asian /Pacific Islander Alaska Native /American Indian Total Search Conducted Yes 176 135 134 7 1 453 No 4,757 1,906 2,280 849 131 9,923 Reason for Search Consent 47 20 36 1 0 104 Contraband in Plain View 12 11 13 1 0 37 Probable Cause 70 68 45 1 0 184 Inventory 27 15 19 1 0 62 Incident to Arrest 20 21 21 3 1 66 Was Contraband Discovered Yes 98 82 75 4 0 259 No 78 53 59 3 1 194 Description of Contraband Drugs 73 63 51 2 0 189 Weapons 3 0 6 0 0 9 Currency 0 1 0 0 0 1 Alcohol 10 9 17 2 0 38 Stolen Property 0 0 0 0 0 0 Other 12 9 1 0 0 22 Did Discovery of Contraband Result in Arrest? Yes 34 20 26 3 0 83 No 64 62 49 1 0 176 Comparative Analysis #4: Information relating to each complaint filed with the agency alleging that a peace officer employed by the agency has engaged in racial profiling. Texas Code of Criminal Procedure Article 2.134(c)(2) In 2023, internal records indicate that the Wylie Police Department received no complaints alleging that a peace officer employed by the agency engaged in racial profiling. 42 02/27/2024 Item G. Additional Analysis: Statistical analysis of motor vehicle stops relative to the gender population of the agency’s reporting area. This analysis is presented in the report based on a December 2020 email sent from TCOLE to law enforcement executives in Texas. In 2023, 10,376 motor vehicle stops were made by the Wylie Police Department. Of these stops, 3,554 or roughly 34 percent were female drivers (3,554/10,376), and roughly 66 percent were male drivers (see Table 1). According to 2019 American Community Survey (ACS) city and county population estimates of the U.S. Census Bureau, the City of Wylie was composed of 51.8 percent females and 48.2 percent males. County population 2019 ACS estimates indicate that females accounted for 50.7 percent of the Collin County population, 50.7 percent of the Dallas County population, and 50.6 percent of the Rockwall County population. Males accounted for 49.3 percent of the Collin County population, 49.3 percent of the Dallas County population, and 49.4 percent of the Rockwall County population. Overall, in 2023, males were stopped at rates higher than their proportion of the city and county populations. Additional Information Required to be Reported to TCOLE Table 3 provides additional information relative to motor vehicle stops in 2023 by the Wylie Police Department. The data are required to be collected by the Wylie Police Department under the Texas Code of Criminal Procedure Article 2.133. As previously noted, the Wylie Police Department received no complaints alleging that a peace officer employed by the agency engaged in racial profiling in 2023. Furthermore, as previously discussed, of the 10,376 motor vehicle stops in 2023, the officer knew the race/ethnicity of the motorist prior to the stop in 4.6% of the stops (480/10,376). 43 02/27/2024 Item G. Table 3: Additional Information Additional Information Total Was Race/Ethnicity Known Prior to Stop Yes 480 No 9,896 Approximate Location of Stop City Street 7,509 US Highway 350 County Road 116 State Highway 2,394 Private Property/Other 7 Number of Complaints of Racial Profiling 0 Resulted in Disciplinary Action 0 Did Not Result in Disciplinary Action 0 Analysis of Racial Profiling Compliance by Wylie Police Department The foregoing analysis shows that the Wylie Police Department is fully in compliance with all relevant Texas laws concerning racial profiling, including the existence of a formal policy prohibiting racial profiling by its officers, officer training and educational programs, a formalized complaint process, and the collection and reporting of data in compliance with the law. In addition to providing summary reports and analysis of the data collected by the Wylie Police Department in 2023, this report also included an extensive presentation of some of the limitations involved in the level of data collection currently required by law and the methodological problems associated with analyzing such data for the Wylie Police Department as well as police agencies across Texas. 44 02/27/2024 Item G. Appendix A: Racial Profiling Statutes and Laws 45 02/27/2024 Item G. Texas Racial Profling Statutes 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. Added by Acts 2001, 77th Leg., ch. 947, Sec. 2, eff. Sept. 1, 2001. Art. 2.131. RACIAL PROFILING PROHIBITED. A peace officer may not engage in racial profiling. Added by Acts 2001, 77th Leg., ch. 947, Sec. 1, eff. Sept. 1, 2001. 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 motor vehicle stops in the routine performance of the officers' official duties. (2) "Motor vehicle stop" means an occasion in which a peace officer stops a motor vehicle for an alleged violation of a law or ordinance. (3) "Race or ethnicity" means the following categories: (A) Alaska native or American Indian; (B) Asian or Pacific Islander; (C) black; (D) white; and (E) Hispanic or Latino. (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; 46 02/27/2024 Item G. (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 compliment and complaint process, including providing the telephone number, mailing address, and e-mail address to make a compliment or complaint with respect to each ticket, citation, or warning issued by a peace officer; (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 motor vehicle stops in which a ticket, citation, or warning is issued and to arrests made as a result of those stops, including information relating to: (A) the race or ethnicity of the individual detained; (B) whether a search was conducted and, if so, whether the individual detained consented to the search; (C) whether the peace officer knew the race or ethnicity of the individual detained before detaining that individual; (D) whether the peace officer used physical force that resulted in bodily injury, as that term is defined by Section 1.07, Penal Code, during the stop; (E) the location of the stop; and (F) the reason for the stop; and (7) require the chief administrator of the agency, regardless of whether the administrator is elected, employed, or appointed, to submit an annual report of the information collected under Subdivision (6) to: (A) the Texas Commission on Law Enforcement; and (B) the governing body of each county or municipality served by the agency, 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. 47 02/27/2024 Item G. (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 motor vehicle stops and transmitter-activated equipment in each agency law enforcement motorcycle regularly used to make motor vehicle stops. The agency also shall examine the feasibility of equipping each peace officer who regularly detains or stops motor vehicles with a body worn camera, as that term is defined by Section 1701.651, Occupations Code. If a law enforcement agency installs video or audio equipment or equips peace officers with body worn cameras 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 motor vehicle 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 by 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. (g) On a finding by the Texas Commission on Law Enforcement that the chief administrator of a law enforcement agency intentionally failed to submit a report required under Subsection (b)(7), the commission shall begin disciplinary procedures against the chief administrator. (h) A law enforcement agency shall review the data collected under Subsection (b)(6) to identify any improvements the agency could make in its practices and policies regarding motor vehicle stops. Added by Acts 2001, 77th Leg., ch. 947, Sec. 1, eff. Sept. 1, 2001. Amended by: Acts 2009, 81st Leg., R.S., Ch. 1172 (H.B. 3389), Sec. 25, eff. September 1, 2009. Acts 2013, 83rd Leg., R.S., Ch. 93 (S.B. 686), Sec. 2.05, eff. May 18, 2013. 48 02/27/2024 Item G. Acts 2017, 85th Leg., R.S., Ch. 173 (H.B. 3051), Sec. 1, eff. September 1, 2017. Acts 2017, 85th Leg., R.S., Ch. 950 (S.B. 1849), Sec. 5.01, eff. September 1, 2017. Art. 2.133. REPORTS REQUIRED FOR MOTOR VEHICLE STOPS. (a) In this article, "race or ethnicity" has the meaning assigned by Article 2.132(a). (b) A peace officer who stops a motor vehicle for an alleged violation of a law or ordinance shall report to the law enforcement agency that employs the officer information relating to the stop, including: (1) a physical description of any person operating the motor vehicle who is 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 initial reason for the stop; (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 or other evidence was discovered in the course of the search and a description of the contraband or evidence; (5) the reason for the search, including whether: (A) any contraband or other evidence was in plain view; (B) any probable cause or reasonable suspicion existed to perform the search; or (C) the search was performed as a result of the towing of the motor vehicle or the arrest of any person in the motor vehicle; (6) whether the officer made an arrest as a result of the stop or the search, including a statement of whether the arrest was based on a violation of the Penal Code, a violation of a traffic law or ordinance, or an outstanding warrant and a statement of the offense charged; (7) the street address or approximate location of the stop; (8) whether the officer issued a verbal or written warning or a ticket or citation as a result of the stop; and 49 02/27/2024 Item G. (9) whether the officer used physical force that resulted in bodily injury, as that term is defined by Section 1.07, Penal Code, during the stop. (c) The chief administrator of a law enforcement agency, regardless of whether the administrator is elected, employed, or appointed, is responsible for auditing reports under Subsection (b) to ensure that the race or ethnicity of the person operating the motor vehicle is being reported. Added by Acts 2001, 77th Leg., ch. 947, Sec. 1, eff. Sept. 1, 2001. Amended by: Acts 2009, 81st Leg., R.S., Ch. 1172 (H.B. 3389), Sec. 26, eff. September 1, 2009. Acts 2017, 85th Leg., R.S., Ch. 950 (S.B. 1849), Sec. 5.02, eff. September 1, 2017. Art. 2.134. COMPILATION AND ANALYSIS OF INFORMATION COLLECTED. (a) In this article: (1) "Motor vehicle stop" has the meaning assigned by Article 2.132(a). (2) "Race or ethnicity" has the meaning assigned by Article 2.132(a). (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 law enforcement agency shall submit a report containing the incident-based data compiled during the previous calendar year to the Texas Commission on Law Enforcement and, if the law enforcement agency is a local law enforcement agency, to the governing body of each county or municipality served by the agency. (c) A report required under Subsection (b) must be submitted by the chief administrator of the law enforcement agency, regardless of whether the administrator is elected, employed, or appointed, and must include: (1) a comparative analysis of the information compiled under Article 2.133 to: (A) evaluate and compare the number of motor vehicle stops, within the applicable jurisdiction, of persons who are recognized as racial or ethnic minorities and persons who are not recognized as racial or ethnic minorities; (B) examine the disposition of motor vehicle stops made by officers employed by the agency, 50 02/27/2024 Item G. categorized according to the race or ethnicity of the affected persons, as appropriate, including any searches resulting from stops within the applicable jurisdiction; and (C) evaluate and compare the number of searches resulting from motor vehicle stops within the applicable jurisdiction and whether contraband or other evidence was discovered in the course of those searches; 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 motor vehicle 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 Texas Commission on Law Enforcement, in accordance with Section 1701.162, Occupations Code, 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. (g) On a finding by the Texas Commission on Law Enforcement that the chief administrator of a law enforcement agency intentionally failed to submit a report required under Subsection (b), the commission shall begin disciplinary procedures against the chief administrator. Added by Acts 2001, 77th Leg., ch. 947, Sec. 1, eff. Sept. 1, 2001. Amended by: Acts 2009, 81st Leg., R.S., Ch. 1172 (H.B. 3389), Sec. 27, eff. September 1, 2009. Acts 2013, 83rd Leg., R.S., Ch. 93 (S.B. 686), Sec. 2.06, eff. May 18, 2013. Acts 2017, 85th Leg., R.S., Ch. 950 (S.B. 1849), Sec. 5.03, eff. September 1, 2017. 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. 51 02/27/2024 Item G. Added by Acts 2001, 77th Leg., ch. 947, Sec. 1, eff. Sept. 1, 2001. 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 in law enforcement motor vehicles and motorcycles or equipping peace officers with body worn cameras, 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 in law enforcement motor vehicles and motorcycles or equipping peace officers with body worn cameras. 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 in law enforcement motor vehicles and motorcycles or equipping peace officers with body worn cameras, 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 in law enforcement motor vehicles and motorcycles or equipping peace officers with body worn cameras, 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 taken the necessary actions to use and is using video and audio equipment and body worn cameras for those purposes. 52 02/27/2024 Item G. Added by Acts 2001, 77th Leg., ch. 947, Sec. 1, eff. Sept. 1, 2001. Amended by: Acts 2017, 85th Leg., R.S., Ch. 950 (S.B. 1849), Sec. 5.04, eff. September 1, 2017. Art. 2.138. RULES. The Department of Public Safety may adopt rules to implement Articles 2.131-2.137. Added by Acts 2001, 77th Leg., ch. 947, Sec. 1, eff. Sept. 1, 2001. Art. 2.1385. CIVIL PENALTY. (a) If the chief administrator of a local law enforcement agency intentionally fails to submit the incident-based data as required by Article 2.134, the agency is liable to the state for a civil penalty in an amount not to exceed $5,000 for each violation. The attorney general may sue to collect a civil penalty under this subsection. (b) From money appropriated to the agency for the administration of the agency, the executive director of a state law enforcement agency that intentionally fails to submit the incident-based data as required by Article 2.134 shall remit to the comptroller the amount of $1,000 for each violation. (c) Money collected under this article shall be deposited in the state treasury to the credit of the general revenue fund. Added by Acts 2009, 81st Leg., R.S., Ch. 1172 (H.B. 3389), Sec. 29, eff. September 1, 2009. Amended by: Acts 2017, 85th Leg., R.S., Ch. 950 (S.B. 1849), Sec. 5.05, eff. September 1, 2017. 53 02/27/2024 Item G. Appendix B: Agency Policy 54 02/27/2024 Item G. WYLIE POLICE DEPARTMENT POLICY NUMBER: 614 EFFECTIVE DATE: January 1, 2010 APPROVED: April 22, 2022 Subject: Unbiased Policing ACCREDITATION STANDARDS: 2.01 REVIEW DATE: REVISED DATE: 04/22/2022 DISTRIBUTION: Sworn Personnel, Records, Detention Staff I. 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 members of the public; to reinforce procedures ensuring 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 the 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 biased policing both in enforcement of the law and the delivery of police services, 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. 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 A. Biased Policing: Discrimination while performing law enforcement duties or delivery of police services, based on personal prejudices or partiality of officers toward classes of individuals or persons based on individual demographics. B. Fair and Impartial Treatment: A belief and practice that all persons shall be treated in the same manner under the same or similar circumstances, despite race or other distinctions. This does not mean that all persons in the same or similar circumstances can or must be treated identically. Reasonable concessions and accommodations may be made, when dealing with individuals with physical or mental disabilities, injury, illness, or similar conditions, or when information about them necessitates different treatment. 55 02/27/2024 Item G. Unbiased Policing – Page 2 of 5 C. Individual Demographics: Personal characteristics, to include, but not limited to race, ethnic background, national origin, gender, gender identity, sexual orientation, religion, socioeconomic status, age, disability, cultural group, or political status or any other identifiable group. D. Race or ethnicity: Is defined by Chapter 2 of the Texas Code of Criminal Procedures as, Alaskan native or American Indian, Asian or Pacific Islander, Black, White, and Hispanic or Latino. E. Police Services: Actions and activities that may not directly include enforcement of the law but that contribute to the overall well-being and safety of the public. These may include, but are not limited to, such tasks as traffic accidents, medical emergencies, and assistance at fire scenes; lifesaving services; preventive patrol; crime prevention; public information; traffic control; and similar activities. F. Motor vehicle stop: means an occasion in which a peace officer stops a motor vehicle for an alleged violation of a law or ordinance. IV. TRAINING A. Officers are responsible to adhere to all Texas Commission on Law Enforcement (TCOLE) training and the Law Enforcement Management Institute of Texas (LEMIT) requirements as mandated by law. B. All officers shall complete TCOLE 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. C. All employees will receive basic and periodic in-service training and, where deemed necessary, remedial training on subjects related to police ethics, cultural diversity, multiculturalism, human relations, police-citizen interaction, standards of conduct, implicit bias, and related topics suitable for preventing incidents of biased policing. V. COMPLAINT INVESTIGATION A. The department shall accept complaints from any person who believes he or she has been stopped or searched based on individual demographics. B. No person shall be discouraged, intimidated or coerced from filing a complaint, nor discriminated against because he or she filed such a complaint. C. Any person who receives an allegation of biased policing, 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) on the process to do so. Any employee contacted shall provide to that person instructions on the complaint process and will report any allegation of biased policing to their superior before the end of shift. D. 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 documented in writing and any reviewer’s comments or conclusions shall be filed with 56 02/27/2024 Item G. Unbiased Policing – Page 3 of 5 the Chief. When applicable, findings and or suggestions for disciplinary action, retraining or changes in policy shall be filed with the Chief. E. If a biased policing complaint is sustained against an officer, it will result in appropriate corrective and/or disciplinary action, up to and including termination. F. If there is a department video or audio recording of the events upon which a complaint of biased policing is based, upon commencement of an investigation by this department into the complaint and written request by the officer made the subject of the complaint, this department shall promptly provide a copy of the recording to that officer. G. The Professional Standards office shall maintain data related specifically to complaints of biased policing. Information shall be provided to the Chief or to his or her designee, in a manner most suitable for administrative review, problem identification, and development of appropriate corrective actions. VI. PUBLIC EDUCATION This department will inform the public of its policy against biased policing and the complaint process. Methods that may be utilized to inform the public are the news media, radio, service or civic presentations, the internet, as well as governing board meetings. Additionally, information will be made available as appropriate in languages other than English. VII. DATA COLLECTION AND REPORTING A. An officer is required to collect information relating to motor vehicle stops regardless of whether the stop results in a verbal warning, a written warning, a citation being issued or an arrest. in which a citation is issued or an arrest is made as a result of those stops. The following information shall be collected: On the citation officers must include: 1. The person’s gender; and 2. The race or ethnicity of the individual detained; 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; 3. The initial reason for the stop; 4. Whether a search was conducted as a result of the stop; 5. If a search was conducted, whether the person detained consented to the search; 6. The reason for the search, including any probable cause or reasonable suspicion that existed to perform the search; 7. Whether contraband or other evidence was found in plain view; 8. Whether the search was a result of the towing of the motor vehicle or the arrest of any person in the motor vehicle; 9. If an arrest occurred, was the arrest based on a violation of the Penal Code, traffic law, ordinance, or outstanding warrant; 10. Whether the person contacted is a resident or non-resident of the City of Wylie; 57 02/27/2024 Item G. Unbiased Policing – Page 4 of 5 11. The street address or approximate location of the stop; 12. Whether the officer used physical force that resulted in bodily injury (as defined by section 1.07, Penal Code); 13. Whether the peace officer knew the race or ethnicity of the individual detained before detaining the individual; and, 14. Whether the peace officer issued a verbal or written warning or a citation as a result of the stop. B. The information collected shall be compiled in an annual report covering the period of January 1 through December 31 of each year, and shall be submitted to the governing body of the City of Wylie no later than March 1 of the following year. The report will include: 1. A breakdown of motor vehicle stops by race or ethnicity; 2. Number of motor vehicle stops citations that resulted in a search broken down by race or ethnicity; 3. Number of searches that were consensual; 4. Number of citations or warnings that resulted in custodial arrest for this cited violation or any other violation; and 5. The number of biased policing complaints to the department. C. The annual report shall not include identifying information about any individual stopped or arrested, and shall not include identifying information about any peace officer involved in a stop or arrest. VIII. USE OF VIDEO AND AUDIO EQUIPMENT A. All marked motor vehicles regularly used by this department to make motor vehicle stops shall be equipped with a video camera and transmitter-activated equipment. B. Each motor vehicle 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 digital video and audio recording of each motor vehicle 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 biased policing with respect to a motor vehicle stop, this department shall retain the video and audio tapes or digital video and audio recordings of the stop until final disposition of the complaint. D. Supervisors will ensure officers of this department are recording their motor vehicle stops. Two A recordings of each officer will be reviewed at least once every ninety (90) days. These reviews will be documented. This review includes body-worn cameras as well as in-car cameras. 1. If the equipment used to record audio and video of a motor vehicle stop is malfunctioning or otherwise not operable, officers will drive a vehicle with operable equipment. Police units with malfunctioning or inoperable mobile video camera equipment shall not be utilized, under normal circumstances. 58 02/27/2024 Item G. Unbiased Policing – Page 5 of 5 2. Supervisors shall have the authority to assign units with malfunctioning or inoperable mobile video equipment when situations dictate. 59 02/27/2024 Item G. WYLIE POLICE DEPARTMENT POLICY NUMBER: 614 EFFECTIVE DATE: January 1, 2010 APPROVED: May 1, 2020 Subject: Vigilancia Imparcial ACCREDITATION STANDARDS: REVIEW DATE: May 1, 2021 RELATED POLICY #: I. PROPÓSITO El propósito de esta póliza es reafirmar el compromiso del Departamento de Policía de Wylie con una policía imparcial en todos sus encuentros entre oficiales y miembros del público; reforzar los procedimientos que garantizan la confianza pública y la confianza mutua mediante la prestación de servicios de manera justa y equitativa; y para proteger a nuestros oficiales de acusaciones injustificadas de mala conducta cuando actúan dentro de los dictados de la política del departamento y la ley. II. PÓLIZA La póliza de este departamento es vigilar de manera proactiva y investigar agresivamente las presuntas violaciones de la ley. Los oficiales deben hacer cumplir activamente las leyes estatales y federales de manera responsable y profesional, sin tener en cuenta la raza, el origen étnico o el origen nacional. Se prohíbe estrictamente que los oficiales realicen actividades policiales sesgadas tanto en la aplicación de la ley como en la prestación de servicios policiales, tal como se define en esta póliza. Esta póliza se aplicará a todas las personas, ya sean conductores, pasajeros o peatones. Los oficiales se comportarán de manera digna y respetuosa en todo momento cuando traten con el público. Dos de los derechos fundamentales garantizados tanto por las Constituciones de los Estados Unidos como por las de Texas son la igualdad de protección ante la ley y la ausencia de registros y incautaciones irrazonables por parte de agentes del gobierno. Se debe respetar el derecho de todas las personas a ser tratadas por igual ya estar libres de registros y incautaciones irrazonables. Esta póliza no debe impedir que los agentes ofrezcan asistencia, como al observar una sustancia que se escapa de un vehículo, una llanta desinflada o alguien que parece estar enfermo, perdido o confundido. Esta póliza tampoco prohíbe detener a alguien sospechoso de un delito en base a las acciones observadas y / o la información recibida sobre la persona. III. DEFINICIONES A. Vigilancia Parcial: Discriminación al desempeñar funciones de cumplimiento de la ley o prestación de servicios policiales, en función de los prejuicios personales o la parcialidad de los funcionarios con respecto a las clases de individuos o personas basadas en datos demográficos individuales. B. Tratamiento Justo e Imparcial: Una creencia y práctica de que todas las personas deben ser tratadas de la misma manera en circunstancias iguales o similares, a pesar de la raza u otras distinciones. Esto no significa que todas las personas en circunstancias iguales o similares puedan o deban ser tratadas de manera idéntica. Se pueden hacer 60 02/27/2024 Item G. Unbiased Policing (Spanish) – Page 2 of 4 concesiones y ajustes razonables, cuando se trata de personas con discapacidades físicas o mentales, lesiones, enfermedades o afecciones similares, o cuando la información sobre ellos requiere un tratamiento diferente. C. Datos Demográficos Individuales: Características personales, que incluyen, entre otras, raza, origen étnico, origen nacional, género, identidad de género, orientación sexual, religión, estatus socioeconómico, edad, discapacidad, grupo cultural o estatus político. D. Raza o etnicidad: El Capítulo 2 del Código de Procedimientos Penales de Texas lo define como nativo de Alaska o indio americano, asiático o de las islas del Pacífico, negro, blanco e hispano o latino. E. Servicios Policiales: Acciones y actividades que pueden no incluir directamente la aplicación de la ley pero que contribuyen al bienestar general y la seguridad del público. Estos pueden incluir, entre otros, tareas como accidentes de tráfico, emergencias médicas y asistencia en escenas de incendio; servicios de salvamento; patrulla preventiva prevención del crimen; información pública; control de tráfico; y actividades similares. F. Parada de Vehículo: Significa una ocasión en la que un oficial detiene un vehículo motorizado por una presunta violación de una ley u ordenanza. IV. ENTRENAMIENTO A. Los oficiales son responsables de cumplir con toda la capacitación de la Comisión de Cumplimiento de la Ley de Texas (TCOLE) y los requisitos del Instituto de Administración de Cumplimiento de la Ley de Texas (LEMIT) según lo estipulado por la ley. B. Todos los oficiales deberán completar el programa de capacitación y educación TCOLE sobre perfiles raciales a más tardar en el segundo aniversario de la fecha en que el oficial tiene licencia según el Capítulo 1701 del Código de Ocupaciones de Texas o la fecha en que el oficial solicita un certificado de aptitud intermedia, cualquiera que sea la fecha más temprano. C. Todos los empleados recibirán capacitación básica y periódica en el servicio y, cuando se considere necesario, capacitación correctiva sobre temas relacionados con la ética policial, la diversidad cultural, el multiculturalismo, las relaciones humanas, la interacción entre la policía y los ciudadanos, las normas de conducta, los prejuicios implícitos, y temas relacionados adecuados para prevenir incidentes de vigilancia parcial. V. INVESTIGACIÓN DE RECLAMACIONES A. El departamento aceptará las quejas de cualquier persona que crea que se ha detenido o registrado en función de datos demográficos individuales. B. Ninguna persona debe ser desalentada, intimidada o obligada a presentar una queja, ni tampoco debe ser discriminada porque haya presentado dicha queja. C. Cualquier persona que reciba una acusación de policía parcial, incluido el oficial que inició la parada, registrará el nombre, la dirección y el número de teléfono de la persona, 61 02/27/2024 Item G. Unbiased Policing (Spanish) – Page 3 of 4 y enviará la queja a través de los canales apropiados o indicará a la (s) persona (s) persona (s) sobre el proceso. Cualquier empleado contactado proporcionará a esa persona instrucciones sobre el proceso de quejas y reportará cualquier alegación de policía parcial a su superior antes del final del turno. D. La investigación de una queja se llevará a cabo de manera exhaustiva y oportuna. Todas las quejas serán reconocidas por escrito al iniciador, quien recibirá la disposición con respecto a dicha queja dentro de un período de tiempo razonable. La investigación se documentará por escrito y los comentarios o conclusiones de cualquier revisor se archivarán con el Jefe. Cuando corresponda, los hallazgos y / o sugerencias para acción disciplinaria, reentrenamiento o cambios en la póliza deberán presentarse ante el Jefe. E. Si una queja policial parcial es sostenida contra un oficial, resultará en una acción correctiva y / o disciplinaria apropiada, hasta y incluyendo la terminación. F. Si hay un video o audio del departamento que graba los eventos en los que se basa una queja de vigilancia parcial, al inicio de una investigación por parte de este departamento de la queja y una solicitud por escrito del oficial que fue el tema de la queja, este departamento deberá proporcionar de inmediato una copia de la grabación a ese oficial. G. La oficina de Estándares Profesionales mantendrá datos relacionados específicamente con quejas de vigilancia parcial. La información se proporcionará al Jefe o a su designado, de la manera más adecuada para la revisión administrativa, la identificación del problema y el desarrollo de las acciones correctivas apropiadas. VI. EDUCACION PÚBLICA Este departamento informará al público de su política contra la policía sesgada y el proceso de quejas. Los métodos que se pueden utilizar para informar al público son los medios de comunicación, la radio, el servicio o las presentaciones cívicas, Internet y las reuniones de la junta directiva. Además, la información estará disponible según corresponda en otros idiomas además del Inglés. VII. RECOPILACIÓN DE DATOS Y INFORMES A. Se requiere que un oficial recopile información relacionada con las paradas de vehículos motorizados en las que se emite una citación o se realice un arresto como resultado de esas paradas. En la citación los oficiales deben incluir: 1. El género de la persona; y 2. La raza y origen étnico de la persona detenida; según lo indicado por la persona o, si la persona no indica la raza o el origen étnico de la persona, según lo determine el oficial de la mejor manera posible; 3. ¿Se conocía la raza o el origen étnico antes de la detención? 4. La razón inicial de la parada; 5. Ubicación aproximada de la parada; 6. Si se realizó una búsqueda como resultado de la detención; 7. El motivo de la búsqueda, incluida cualquier causa probable o sospecha razonable que existiera para realizar la búsqueda; 62 02/27/2024 Item G. Unbiased Policing (Spanish) – Page 4 of 4 8. Si se descubrió el contrabando; 9. Descripción del contrabando; 10. Resultado de la parada; y 11. Si ocurrió un arresto, fue el arresto basado en una violación del Código Penal, la ley de tránsito, una ordenanza o una orden pendiente. B. La información recopilada se compilará en un informe anual que abarcará el período comprendido entre el 1 de enero y el 31 de diciembre de cada año y se presentará al órgano rector de la Ciudad de Wylie a más tardar el 1 de marzo del año siguiente. El informe incluirá toda la información requerida indicada en VII.A.1-11 de esta póliza. C. El informe anual no incluirá información de identificación sobre ninguna persona detenida o arrestada, y no incluirá información de identificación sobre ningún oficial de paz involucrado en una detención o arresto. VIII. USO DE VIDEO Y EQUIPO DE AUDIO A. Todos los vehículos motorizados marcados utilizados regularmente por este departamento para realizar paradas de vehículos motorizados deben estar equipados con una cámara de video y un equipo activado por el transmisor. B. Se debe registrar cada parada de vehículo motorizado realizada por un oficial de este departamento que pueda ser grabado por video y audio, o audio, según corresponda. C. Este departamento conservará las cintas de video y audio, o la grabación de video y audio digital de cada parada de vehículo motorizado por lo menos noventa (90) días después de la fecha de la parada. Si se presenta una queja ante este departamento alegando que uno de nuestros oficiales se ha involucrado en una actuación policial parcial con respecto a una parada de vehículo motorizado, este departamento conservará las cintas de video y audio o las grabaciones de audio y video digitales de la parada hasta la disposición final de la queja. D. Los supervisores se asegurarán de que los oficiales de este departamento estén registrando las paradas de sus vehículos motorizados. Se revisará una grabación de cada oficial al menos una vez cada noventa (90) días. 1. Si el equipo utilizado para grabar el audio y el video de una parada de un vehículo motorizado no funciona correctamente o no está operativo, los oficiales conducirán un vehículo con un equipo operable. En circunstancias normales, no se deben utilizar unidades de policía con equipo de cámara de video móvil que no funcione correctamente o que no funcione. 2. Los supervisores deberán tener la autoridad para asignar unidades con equipo de video móvil que no funcione correctamente o que no funcione cuando la situación lo dictan. 63 02/27/2024 Item G. Appendix C: Racial Profiling Laws and Corresponding Agency Policy Texas CCP Article WYLIE POLICE DEPARTMENT Policy 614 Unbiased Policing 2.132(b)1 Definitions Section 2.132(b)2 Policy Section 2.132(b)3 Complaint Investigation Section 2.132(b)4 Public Education Section 2.132(b)5 Complaint Investigation Section 2.132(b)6 Data Collection and Reporting Section 2.132(b)7 Data Collection and Reporting Section 64 02/27/2024 Item G. Wylie City Council AGENDA REPORT Department: Library Account Code: Prepared By: Ofilia Barrera Subject Consider, and act upon, accepting a donation to the City in the amount of $ 5,779.00 from the Catholic Foundation of the Estate of Rita and Truett Smith. Recommendation Motion to approve the Item as presented. Discussion The Catholic Foundation of the Estate of Rita and Truett Smith have made a donation to the library to be used for library improvements in the form of new furniture and special programming. If the donation is accepted by the City Council, the revenue will be added to the FY23-24 General Fund budget with the midyear amendment. Any expenditures of the library relative to this donation will also be budgeted at that time. Per Ordinance No. 2005-57 the City Council must approve any donation with a value exceeding $5,000.00. Staff recommends acceptance of the donation. 65 02/27/2024 Item H. Wylie City Council AGENDA REPORT Department: Parks and Recreation Account Code: Prepared By: Janet Pieper Subject Consider, and act upon, approval of the Texas Therapeutic Riding Center’s First Annual Coco Trot Fun Run/5K at Founders Park from 6:00 a.m. to 12:00 p.m. on May 11, 2024. Recommendation Motion to approve the Item as presented. Discussion This is a new fun run/5K fundraising event to raise money to support the TxTRC (Texas Therapeutic Riding Center), continue serving children and adults with special needs, and educate the community about the organization's services. The applicant plans to take donations and sell t-shirts and food items; they understand they must contact the Collin County Health Department regarding food items they intend to sell during their event. 66 02/27/2024 Item I. 67 02/27/2024 Item I. 68 02/27/2024 Item I. 69 02/27/2024 Item I. Wylie City Council AGENDA REPORT Department: Fire Department Account Code: Prepared By: Brandon Blythe Subject Consider, and act upon, Ordinance No. 2024-05, amending Wylie’s Code of Ordinances, Ordinance No. 2021-17, as amended, repealing and replacing in its entirety Chapter 38 (Emergency Services), Article III (Emergency Medical Services) of the Wylie Code of Ordinances and adopting new Emergency Medical Services; providing for penalties for the violation of this ordinance; providing repealing, savings and severability clauses, an effective date and for the publication of the caption hereof. Recommendation Motion to approve Item as presented. Discussion The transition from a third-party EMS provider to an in-house EMS system for Wylie Fire Rescue marks a significant and strategic shift in our emergency medical services delivery. By repealing existing City ordinances and introducing a new ordinance tailored to our in-house EMS model, we align regulatory frameworks with our organizational objectives and ensure a more responsive, accountable, and locally tailored approach to emergency medical services. This move reflects our commitment to advancing public safety, optimizing resource utilization, and ultimately improving the overall well -being of our community. 70 02/27/2024 Item 1. Ordinance No. 2024-05 Adopting Emergency Medical Services Program Page 1 of 12 ORDINANCE NO. 2024-05 AN ORDINANCE OF THE CITY OF WYLIE, TEXAS, AMENDING WYLIE’S CODE OF ORDINANCES, ORDINANCE NO. 2021-17, AS AMENDED, REPEALING AND REPLACING IN ITS ENTIRETY CHAPTER 38 (EMERGENCY SERVICES), ARTICLE III (EMERGENCY MEDICAL SERVICES) OF THE WYLIE CODE OF ORDINANCES AND ADOPTING NEW EMERGENCY MEDICAL SERVICES; PROVIDING FOR PENALTIES FOR THE VIOLATION OF THIS ORDINANCE; PROVIDING REPEALING, SAVINGS AND SEVERABILITY CLAUSES, AN EFFECTIVE DATE AND FOR THE PUBLICATION OF THE CAPTION HEREOF. WHEREAS, the City Council of the City of Wylie, Texas (“City Council”) previously adopted Ordinance No. 2001-17 of the City of Wylie, Texas (“Wylie”), codified as Chapter 38 (Emergency Services), Article III (Emergency Medical Services) of the City’s Code of Ordinances, Ordinance No. 2021- 17, as amended (“Code of Ordinances”), which established Emergency Medical Services; and WHEREAS, the City Council of the City of Wylie, Texas ("City Council") has investigated and determined that the City of Wylie, Texas ("City") desires to establish ambulance service within the City and declare that City will be the sole provider of emergency ambulance response to emergency calls for service except as provided for herein; and WHEREAS, the City Council of the City of Wylie, Texas ("City Council") has investigated and determined that the City of Wylie, Texas ("City") desires to establish regulations for private ambulance service within the City and declare that City will be the sole provider of emergency ambulance service except as provided for herein; and WHEREAS, in order to safely and effectively manage the number of private ambulances within the City, the City Council has investigated and determined that it is in the best interests of the citizens of the City to adopt regulations governing ambulance service in the City; and WHEREAS, the City Council has investigated and determined that it would be advantageous and beneficial to the citizens of Wylie to repeal Ordinance No. 2001-26, codified as Chapter 38 (Emergency Services), Article III (Emergency Medical Services) of the City’s Code of Ordinances, Ordinance No. 2021- 17, as amended (“Code of Ordinances”) in its entirety, to replace the existing Emergency Medical Services; and WHEREAS, the City Council has investigated and determined that the adoption of Emergency Medical Services will be advantageous and beneficial to the citizens of Wylie and will protect the public health, safety, and welfare. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS THAT: SECTION 1: Findings Incorporated. The findings set forth above are incorporated into the body of this Ordinance as if fully set forth herein. SECTION 2. Repeal of Ordinance No. 2001-26, codified as Chapter 38 (Emergency Services), Article III (Emergency Medical Services) of the City’s Code of Ordinances, Ordinance No. 2021 -17, as amended (“Code of Ordinances”). Ordinance No. 2001-26, codified as Chapter 38 (Emergency Services), 71 02/27/2024 Item 1. Ordinance No. 2024-05 Adopting Emergency Medical Services Program Page 2 of 12 Article III (Emergency Medical Services) of the City’s Code of Ordinances, Ordinance No. 2021-17, as amended (“Code of Ordinances”), is hereby repealed and replaced in its entirety as follows: … “ARTICLE III. - EMERGENCY MEDICAL SERVICES2 2 State law reference(s)—Municipality may establish standards for emergency medical services provider stricter than state law, Texas Health and Safety Code § 773.051; emergency medical services, Texas Health and Safety Code § 773.001 et seq. Sec. 38-51. Definitions. The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: Administrator means that unit of local government designated in the interlocal agreement which has accepted responsibility for providing administrative and clerical services necessary to the orderly issuance, renewal, suspension, revocation, or restriction of licenses, certifications and permits pursuant to authorization by the medical control board, which licenses, certifications, and permits shall be accepted as valid throughout the regulated service area, including this jurisdiction. Advanced life support ambulance means any vehicle which is equipped to provide treatment of life- threatening emergencies through the use of advanced airway management, intravenous therapy, and other advanced prehospital care procedures, and which is equipped to transport sick or injured persons to or from health care facilities. Ambulance means any privately or publicly owned motor vehicle or helicopter that is specially designed or constructed and equipped and is intended to be used for and is maintained or operated for the transportation of the injured or sick in response to an emergency call or a nonemergency transfer call. Ambulance patient or patient means any person being transported in a reclining position within the regulated service area to or from a healthcare facility except when the transportation originates outside the regulated service area. Ambulance personnel means a person who has the duty of performing or assisting in the performance of an ambulance call, including driving or acting as an attendant on an ambulance. Ambulance service contractor means that entity which is then currently under contract to provide ambulance and ambulance patient services within this jurisdiction and throughout the contracted service area, except those services specifically exempted by this article. Approved emergency room/department means an emergency healthcare facility recognized by the Department of State Health Services. Attendant means a person trained and qualified for the care of the patient or patients being transported in an ambulance. Approved user fee means those membership fees, mileage charges, subsidy payments, if any, and total bill (exclusive of mileage charges) approved for this jurisdiction by the City council from the uniform schedule of price/subsidy options. Base station physician means a physician licensed to practice medicine in the state, and knowledgeable of the prehospital emergency medical protocols, EMS radio procedures and the general 72 02/27/2024 Item 1. Ordinance No. 2024-05 Adopting Emergency Medical Services Program Page 3 of 12 operating policies of the ambulance service contractor, and from whom ambulance personnel may take medical direction by radio or other remote communications device. City means the City of Wylie, Texas. Contract means any agreement by and between the City and the county and any municipality, hospital or governmental unit within the county or the area immediately surrounding said county for the purpose of providing ambulance service duly and legally approved by the City council and any other contracting body. Contract service area means the geographic area encompassing the regulated service area plus unincorporated areas of the county and such counties as may choose to contract with the ambulance service contractor pursuant to a contract incorporating clinical standards required hereunder, and incorporating financial provisions with those contained in the contract with the ambulance service contractor. Critical care transport means the provision of medical care by a critical care transport team to a patient requiring critical care transport by a critical care transport agency such that the failure to initiate on an urgent basis or maintain during transport acute medical interventions, pharmacological interventions, or technologies would likely result in sudden, clinically significant or life threatening deterioration in the patient's condition. Driver means a person trained and qualified to drive an ambulance. Emergency means any circumstance that calls for immediate action and in which the element of time in transporting the sick, wounded or injured for medical treatment is essential to the health or life of the person. Such circumstances include, but are not limited to, accidents generally, traffic accidents, acts of violence resulting in personal injury and sudden illnesses. Emergency call means any request for an ambulance that is made by telephone or other means of communication which is, or has been reported to be, an emergency requiring immediate ambulance service. Emergency patient means a person in whom a sickness or injury may cause a significant risk to the person's life or limb. Such sickness or injury may include, but is not limited to, trauma (major injury to the body, head, or extremities), chest pain, abdominal pain, unconsciousness, delirium, imminent delivery of a child, and serious infection. Emergency run means an emergency ambulance trip, requiring the use of warning lights or sirens, to the place where an emergency exists or from the place of the emergency to a hospital, medical clinic or office, or other appropriate destination for the patient. EMS system means a network of individuals, organizations, facilities and equipment whose participation is required to generate a clinically-appropriate, pre-planned system-wide response to each request for prehospital care and/or interfacility transport, so as to provide each patient the best possible chance of survival without disability, given available financial resources. Emergency Medical Technician (EMT) means an individual who is a specially skilled emergency medical technician under Texas Health and Safety Code chapter 773, or its successor. Extraordinary adjustment means that adjustment justified on the basis of either an increase in the system standard of care whose cost of implementation and ongoing compliance exceeds the then-remaining balance of the upgrade reserve, or on the basis of an unusual increase in the cost of a factor of production when such increase in cost is industry wide and the result of causes beyond the ambulance service contractor's reasonable control. Fee means a predetermined monetary charge or payment required by the City of Wylie from individuals, businesses, or organizations for the use of ambulance services provided by the city or its designated ambulance service providers. This fee is typically established to cover the costs associated with 73 02/27/2024 Item 1. Ordinance No. 2024-05 Adopting Emergency Medical Services Program Page 4 of 12 the provision of emergency medical services, including but not limited to personnel salaries, equipment maintenance, vehicle operation, and other related expenses. Fire Chief means the fire chief of the City of Wylie or the Chief’s duly authorized representative. Fire rescue department means the fire rescue department of the City. First response, first responder, first response organization means that service and those units (e.g., fire department, first responders) which provide initial stabilization and trained assistance on-scene and, when required, en route to medical facilities, as well as certain extrication and rescue services. In accordance with priority dispatch protocols, a first response unit is routinely sent to all presumptively- classified life-threatening calls within the service area. Health department means the health department of Collin County. Helicopter rescue unit means any rotary wing aircraft providing basic or advanced life support services and patient transportation originating from the scene of emergency incidents which occur within the contract service area. Interlocal agreement means that a certain agreement between the City of Wylie and other jurisdictions which provide EMS services, pursuant to Texas Government Code § 791.001 et seq., annotated and known as the Interlocal Cooperation Act and called herein the Interlocal Agreement. Medical audit means an official inquiry into the circumstances involving an ambulance run or request for ambulance service, conducted by the EMS program manager, medical director or a licensed physician designated by the medical director. Medical control means that direction given to ambulance personnel by a base station physician through direct voice contact, with or without vital sign telemetry, as required by applicable medical protocols promulgated by the medical control board, and by Texas Health and Safety Code chapter 773, or its successors. Medical director means an emergency physician, expert in the prehospital practice of emergency medicine, appointed by the City of Wylie. Medical protocol means any diagnosis-specific or problem-oriented written statement of standard procedures, or algorithm, promulgated by the medical control board as the proper standard of prehospital care for a given clinical condition. Multiple patients means not more than four and not less than two persons transported by ambulance between two or more points at the same time by the same ambulance. Mutual aid agreement means a written agreement between one or more providers of ambulance service whereby the signing parties agree to provide backup ambulance service to one another under conditions and pursuant to terms specified in the agreement. Operate means to drive or to be in control of an ambulance. Operator means any individual, firm or corporation engaged in the business of transporting the injured, wounded, sick or dead and using the streets of the city for such purpose. Paramedic means a person qualified as a certified paramedic emergency medical technician, as defined by Texas Health and Safety Code chapter 773, or its successor. Person means any individual, corporation, business, trust, partnership, association, or other legal entity. 74 02/27/2024 Item 1. Ordinance No. 2024-05 Adopting Emergency Medical Services Program Page 5 of 12 Private ambulance means an ambulance constructed, equipped, and used for transporting sick, injured, or deceased persons under circumstances that do not constitute an emergency and have not been represented as an emergency. Private ambulance service means the business of transporting, for compensation, sick, injured, or deceased persons under circumstances that do not constitute an emergency and have not been represented as an emergency. Street means any street, alley, avenue, boulevard, drive or highway commonly used for the purpose of travel within the corporate limits of the city. Registered Agency means a person or entity authorized under this article to engage in private ambulance service. The term includes any owner, operator, driver, ambulance personnel, employee, or agent of the licensed business, but does not include a subcontractor. Regulated service area means the combined corporate limits or legal boundaries of all jurisdictions which adopt this article. Special event means any public event such as a parade, sporting event, concert, or other event or gathering requiring on-site standby medical personnel, located within the regulated or contracted service area, for which standby ambulance service is arranged in advance, and for which an ambulance (or ambulances) are hired by the sponsor of the event or other interested party. Specialized mobile intensive care unit means a vehicle which is specially constructed, equipped, staffed, and employed in the interfacility transport of patients whose requirements for en route medical support are likely to exceed the clinical capabilities of a paramedic level ambulance. Specialized Emergency Medical Services vehicle means a vehicle that is designed for responding to and transporting sick or injured persons by any means of transportation other than by standard automotive ground ambulance or rotor or fixed wing aircraft and that has sufficient staffing, equipment and supplies to provide for the specialized needs of the patient transported. This category includes, but is not limited to, water craft, off-road vehicles, and specially designed, configured or equipped vehicles used for transporting special care patients such as critical care or burn patients. Street means any street, alley, avenue, boulevard, drive, highway or other surface commonly used for the purpose of travel within the corporate limits of the City. System standard of care means the combined compilation of all priority dispatching protocols, pre- arrival instruction protocols (i.e., ambulances), protocols for selecting destination hospital, standards for certification of prehospital care personnel (i.e., telephone call takers, ambulance personnel, and online medical control physicians), as well as standards governing requirements for on -board medical equipment and supplies, and licensure of ambulance services and first responder agencies. The system standard of care shall simultaneously serve as both a regulatory and contractual standard. Transfer ambulance means any motor vehicle constructed, equipped and used for transferring the injured or sick under circumstances which do not constitute an emergency and which have not been represented as an emergency. Transfer call means any request for ambulance service that is made by telephone or other means of communication in circumstances which are, or have been reported to be, a nonemergency call and not requiring immediate service. Wylie Public Safety Communication Center means the central communications center of the Wylie Police and Fire Department. Sec. 38.52. Created. 75 02/27/2024 Item 1. Ordinance No. 2024-05 Adopting Emergency Medical Services Program Page 6 of 12 Thereby created the Wylie Fire Rescue Emergency Medical Services Division, service shall be operated within the city fire department, under the supervision of the fire chief. Sec. 38.53. Emergency service provided by fire rescue department; fee. (a) Emergency ambulance service within the corporate limits of the City shall be provided by, supervised by and under the control and authority of the Wylie Fire Rescue department. The fire chief or his designee shall retain the right to refuse emergency ambulance transport to nonemergency medical facilities. (b) The Fire Department shall provide all special event emergency medical services (EMS) upon the streets, alleys or any public way or place within the City or its contracted service areas; provided, however, Wylie Fire Rescue may authorize private ambulance services to provide special event services when Fire Department ambulances are not available. The following elements of a special event: (1) Any gathering of people which is required by federal or state law to have an emergency ambulance standing by on the premises where the event is being held; or (2) Any gathering of people which is required by the regulations of a public or semi-public organization such as but not limited to the National Football League, the National Collegiate Athletic Association or the University Interscholastic League to have an emergency ambulance standing by on the premises where the event is being held; or (3) Any concert, festival, theatrical performance, or athletic event at which more than five thousand (5,000) people are reasonably expected to gather or do gather to observe the event in person. (c) The City shall charge fees for emergency ambulance services in the City provided in response to a call received by the fire rescue department requesting the services, and such fees shall be established by the City council and on file in the office of the City secretary. The City may utilize a third party to collect these fees. (d) The person receiving emergency ambulance service and any person contracting for the service shall be responsible for payment of the fee. In the case of service received by a minor, the parent or guardian of the minor shall be responsible for payment of the fee. (e) The City does not regulate fees for non-emergency ambulance service or community healthcare programs not provided by the fire department. The City does not accept any responsibility for service or payments arising from nonemergency transfer ambulance service or the community healthcare program. The City may, however, charge a fee to a healthcare program that requests the fire department to provide community healthcare program outreach services to its patients, clients, or customers. Sec. 38-54. Availability of service. The ambulance service shall be and by the terms of this article is hereby available to all persons who live, work or visit within the corporate limits of the City, to persons residing within the corporate limits of other towns or municipalities within the county when provided for by contract, to other persons residing within the county when provided for by contract, and to persons not residing within the county when provided for by contract. For the purpose of defining resident and nonresident persons, those persons residing within the corporate city limits and the contracted service areas will be considered residents. Sec. 38-55. Authority to operate; exceptions. 76 02/27/2024 Item 1. Ordinance No. 2024-05 Adopting Emergency Medical Services Program Page 7 of 12 (a) No person shall operate or cause to be operated an ambulance nor furnish, conduct, maintain, advertise or otherwise be engaged in the business or service of the transportation of ambulance patients within the regulated service area, or provide special events standby coverage, unless such person is the ambulance service provider. No person shall knowingly solicit ambulance services, as regulated herein, except the ambulance service contractor. (b) However, the prohibitions set forth in subsection (a) of this section shall not be applicable to an ambulance or ambulance service provider: (1) Which is rendering assistance to patients in the case of a major catastrophe or emergency with which the contractor's ambulances are insufficient or unable to cope; (2) Transporting a patient who is picked up from a location beyond the regulated service area and transported to a location within the regulated service area; or (3) Transporting a patient who is picked up from a location beyond the regulated service area and transported to a location beyond the limits of the regulated service area and only incidentally passing through the regulated service area. (c) Wylie Fire Rescue may use another ambulance service provider for non-emergency transfers to and from the member jurisdictions if the Wylie Fire Rescue is unable to perform the service due to unavailability. (d) All emergency and non-emergency calls and requests for ambulance services originating within the City of Wylie or contracting jurisdictions will be dispatched through Wylie Public Safety Communications. (f) Violations of this article are hereby declared to be public nuisances and shall be prohibited and abated in actions at law or in equity. Sec. 38-56. Failure to pay charges, prohibited. (a) It shall be unlawful for any person, with intent to defraud, to request or accept the service of any ambulance within the City, having no intention of paying for such service. (b) Failure, by the person requesting or accepting the services of an ambulance, to pay to the person furnishing such service the customary charge therefore within 90 days after demand for payment is made, shall be prima facie evidence of intent to defraud and prima facie evidence that such person had no intention of paying for such services when the same were requested or accepted. (c) Demand for payment, as used in this article, shall be written demand, sent by registered or certified mail addressed to the person requesting or accepting such services and to the address given by or on behalf of such person at the time the services were requested or accepted. Intent to defraud or intention not to pay for such services may be shown by direct evidence. Sec. 38.57 - Unlawful operations and prohibited activities. (a) It shall be unlawful for any person to intentionally or knowingly: (1) Follow any police car, ambulance, or fire apparatus that is responding to an emergency call on the streets of the City. (2) Solicit on the streets of the City the business of transporting injured or sick persons. (3) Intercept any communication concerning emergency incidents within the City and divulge or publish the existence, contents, substance, purpose, effect or meaning of such intercepted communication and no such solicitor, owner or person, not being entitled thereto, shall receive or assist in receiving any such message emanating through the radio 77 02/27/2024 Item 1. Ordinance No. 2024-05 Adopting Emergency Medical Services Program Page 8 of 12 medium of the Police or Fire Department for his own benefit or for the benefit of another solicitor, owner, operator or person in the business of furnishing ambulance service. (4) Unless on an emergency run, use on a vehicle a siren and/or emergency warning light(s) without prior authorization by the Wylie Public Safety Communication Center. (5) Use a uniform, insignia, badge, title, identification card, or vehicle marking for the purpose of identification to the public or others as an authorized provider of emergency medical services without prior approval from the Fire Chief or his designee. (6) Operate or cause to be operated an ambulance on any street of the City or provide ambulance standby services at any location within the City without first having notified the Wylie Fire Rescue in accordance with this Ordinance or unless exempted therefrom by the provisions of this Ordinance. (7) Operate a private ambulance or uses any equipment in providing private ambulance service that fails to comply with all minimum safety and equipment standards required for a basic life support vehicle by the Emergency Medical Services Act (Chapter 773, Texas Health and Safety Code), as amended, or by any rule or regulation promulgated under that act. (8) Sell or attempt to sell any plan including subscription to provide any ground ambulance services within the City limits which are not allowed by this Ordinance or any applicable law. (9) Request the services of any ambulance which is not registered in accordance with the provisions of this Ordinance or exempted therefrom by the provisions of this Ordinance. (10) Give false information to induce the dispatch of an ambulance or helicopter rescue unit. Sec. 38-58. Private ambulance service regulations (a) It shall be unlawful for any person, either as owner, agent or otherwise, other than a member of the Fire Department, or any town, county, state or agency of the United States, or duly appointed representative of the City, to furnish, operate, conduct, maintain, advertise or otherwise be engaged in or profess to be engaged in the operation of emergency ambulance service or special event EMS service, upon the streets, alleys or any public way or place within the City, for the purpose of treating and/or transporting patients within the City, except in the following circumstances: (1) A person shall operate an emergency ambulance within the City to render assistance during a catastrophe or major emergency, whether an emergency exists, if requested to do so by the Wylie Public Safety Communications Center or the Fire Chief, when Fire Department emergency ambulances are determined to be insufficient in number or inadequate for other reasons. (2) An ambulance provider may operate a private ambulance within the City as a backup emergency ambulance if requested to do so by the Wylie Public Safety Communications Center or the Fire Chief when Fire Department emergency ambulances are not available. (3) A person may operate a private ambulance on an emergency run to a hospital within the City, if: (a) The emergency patient was picked up by the ambulance outside the City limits; and (b) The ambulance making the emergency run is licensed and operated in accordance with the Emergency Medical Services Act (Chapter 773, Texas Health and Safety Code), as amended. 78 02/27/2024 Item 1. Ordinance No. 2024-05 Adopting Emergency Medical Services Program Page 9 of 12 (4) An agency may operate a private ambulance on an emergency run if, upon responding to a direct call for non-emergency private ambulance service within the City, the Registered Agency determines that an emergency exists requiring the sick or injured person to be transported with all practical speed to a hospital and notifies the Wylie Public Safety Communications Center of the emergency run. (5) An Agency may operate a private ambulance on an emergency run if, while performing the service of maintaining a private ambulance at a particular location for a special event within the City, the Registered Agency determines that an emergency exists requiring a sick or injured person to be transported with all practical speed to a hospital and notifies the Wylie Public Safety Communications of the emergency run. (6) An Agency may operate a private ambulance on an emergency run to transport vital organs, including, but not limited to, hearts, lungs, kidneys, and eyes, to or from a hospital within the City. (7) An Agency may operate a private ambulance, critical care transport ambulance, or other specialized emergency medical service vehicle on an emergency run to transport a newborn, pediatric or other critical care patient from a lower level skill facility to a higher level skill facility if: (a) The patient's doctor has determined that an emergency exists; and (b) The patient is accompanied by neonate, pediatric or critical care transport personnel. (b) This prohibition does not apply to the operation of an air ambulance that is regulated and certified by the U.S. Federal Aviation Administration and that is operating in compliance with state licensing requirements. (c) Any person who operates a private ambulance on an emergency run under this section shall, if requested in writing by the Fire Department, within 10 days of each emergency run, submit to the Fire Chief a report describing the circumstances requiring the emergency run. (d) In the event a patient dies while being transported from one place within the City to another place within or beyond its limits, the registrant of such ambulance shall: (1) Immediately notify the Wylie Public Safety Communication Center of such death, by two- way radio or public telephone; and (2) Within twenty four hours of the incident, file a written report with the police department upon such forms as he may provide or prescribe, giving all information therein required and any other relevant information which the Police department may require. (e) Vehicles and Equipment. (1) Each private ambulance must be licensed as an emergency medical services vehicle with the Texas Department of State Health Services. Each private ambulance and all private ambulance equipment must comply with all applicable federal and state motor vehicle safety standards and with the standards for emergency medical services vehicles set forth in the Emergency Medical Services Act (Chapter 773, Texas Health and Safety Code), as amended. All safety mechanisms on each vehicle must be operative and in good repair, including, but not limited to, headlights, taillights, turn signals, brakes, brake lights, emergency lights, windshield wipers, wiper blades, handles opening doors and windows, tires, and spare tires. 79 02/27/2024 Item 1. Ordinance No. 2024-05 Adopting Emergency Medical Services Program Page 10 of 12 (2) Each private ambulance, while on an ambulance call, must be accompanied by at least two ambulance personnel. One of the ambulance personnel shall serve as the driver while the other remains in attendance on the sick or injured patient. (3) The Fire Chief, Police Chief, or their designee may inspect a private ambulance service operating in the City to determine whether the service complies with this ordinance, rules and regulations established by this ordinance, and other applicable law. Sec. 38-59. Private ambulance service registration requirements (a) To obtain a private ambulance service registration, a person must make a written application to the Fire Department upon a form provided for that purpose. The application must be signed by an applicant who is the owner of the private ambulance service and notarized. (b) The application must be submitted annually and include the following: (1) the name, address, telephone number and email address of the applicant, the trade name under which the applicant does business, and the street address and telephone number of the business establishment from which the private ambulance service will be operated; (2) the form of business of the applicant and, if the business is a sole proprietorship, partnership, corporation, or association, a copy of the documents establishing the business and the name and address of each person with a direct interest in the business; (3) a statement of the nature and character of the service that the applicant proposes to provide, the facts showing the demand for the service, the experience that the applicant has in providing such service, the fees charged for the service, and the time period, if any, that the applicant provided such service within the City; (4) the number and description of vehicles to be operated in the proposed service, including the year, make, model, vehicle identification number, and state registration plate number and the class, size, design, and color scheme (including color photograph) of each ambulance; (5) documentary evidence from an insurance company indicating the applicant has obtained liability insurance as required by this ordinance; (6) a list, to be current at all times, of the owners and management personnel of the private ambulance service including names, addresses, dates of birth, state driver's registration numbers; (7) a list of any claims or judgments against the applicant, other owners or management personnel, or employees for damages resulting from the negligent operation of an ambulance or any other vehicle; (8) proof of registration from the Texas Department of State Health Services to operate as an emergency medical services provider; (9) any other information determined by the fire chief or his designee to be necessary to the implementation and enforcement of this ordinance or protection of the public safety; and (10) a nonrefundable application processing fee of $250. Sec. 38-60. Expiration and renewal of private ambulance registration A private ambulance service registration expires one year from the date of issuance. A registrant shall apply for a renewal at least thirty (30) days before the expiration of the registration. Sec. 38-61. Private ambulance service insurance required 80 02/27/2024 Item 1. Ordinance No. 2024-05 Adopting Emergency Medical Services Program Page 11 of 12 (a) A Registered Agency shall procure and keep in full force and effect automobile liability insurance, professional liability insurance, and commercial general liability insurance written by an insurance company approved by the State of Texas and acceptable to the City and issued in the standard form approved by the Texas Department of Insurance. All provisions of the policies must be acceptable to the City. The insured provisions of each policy must name the City and its officers and employees as additional insureds, and the coverage provisions must provide coverage for any loss or damage that may arise to any person or property by reason of the operation of a private ambulance service by the registrant. (b) Each registrant shall provide documentation meeting the following minimum requirements: (1) Automobile Liability: Coverage for claims for damages resulting from an automobile accident resulting in property damage and/or personal injury or death in an amount of not less than One Million Dollars ($1,000,000) per occurrence Combined Single Limit. Such coverage is to include Uninsured/Underinsured Motorist Coverage in an amount of not less than One Million Dollars ($1,000,000) per occurrence; and (2) Professional Liability: Coverage for claims for damages resulting from professional malpractice liability in an amount of not less than One Million Dollars ($1,000,000.00) per occurrence and One Million Dollars ($1,000,000.00) annual aggregate. If coverage is provided on a "claims made" basis, extended period or "tail" coverage shall be provided for a minimum of four years after the expiration date of the period the ambulance provider is authorized to operate in the City; and (3) Commercial General Liability: Coverage for claims for damages because of bodily injury, sickness or disease or death of any person other than ambulance service provider's employees, claims insured by usual bodily injury liability coverages, and claims for damages because of injuries to or destruction of tangible property, including lo ss of use resulting therefrom in an amount of not less than One Million Dollars ($1,000,000) per occurrence. (c) Insurance required under this section must include: (1) a cancellation provision in which the insurance company is required to notify the Fire Department in writing not fewer than 10 days before canceling, failing to renew, or making a material change to the insurance policy; and (2) a provision to cover all vehicles, whether or not owned by the registrant, operating under the private ambulance service registration. Sec. 38-62. False statement of emergency prohibited It shall be unlawful for any person to willfully inform the communications dispatcher or other fire or police official that an ambulance or more than one ambulance is needed at a locatio n or address when such person knows that such statement is false. State Law reference — False alarm or report, V.T.C.A., Penal Code § 42.06. Sec. 38-63. Enforcement. Officers of the police department, the fire chief or his/her designee(s) may assist in the enforcement of this ordinance. Upon observing or investigating a violation of this ordinance or the rules and regulations established by this ordinance, necessary enforcement action may be taken to ensure effective regulation of private ambulance service. Sec. 38-64. Penalty 81 02/27/2024 Item 1. Ordinance No. 2024-05 Adopting Emergency Medical Services Program Page 12 of 12 Any person who shall violate any provision of this article shall be deemed guilty of a misdemeanor and upon conviction thereof shall be fined as provided in this Code. Each day such violation shall continue or be permitted to continue, shall be deemed a separate offense. Each offense shall be punishable by a fine not to exceed Five Hundred ($500.00) Dollars. It shall not be necessary for the complaint to negate any exception contained in this article concerning any prohibited act, but any such exception made in this article may be urged as a defense by any person charged by such complaint. …” SECTION 3: Emergency Medical Services Adopted. The City Council hereby approves and adopts Emergency Medical Services and incorporated herein by reference for all purposes. Wylie commits to implement the requirements and procedures set forth in the adopted Emergency Medical Services Program. SECTION 4: Severability. Should any section, subsection, sentence, clause or phrase of this Ordinance be declared unconstitutional and/or invalid by a court of competent jurisdiction, it is expressly provided that any and all remaining portions of this Ordinance shall remain in full force and effect. The City Council hereby declares that it would have passed this Ordinance, and each section, subsection, sentence, clause and/or phrase thereof, regardless of whether any one or more sections, subsections, sentences, clauses and/or phrases is declared unconstitutional and/or invalid. SECTION 5: Effective Date. This Ordinance shall become effective from and after its adoption and publication as required by law and the City Charter. DULY PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS on this 27th day of February 2024. _________________________________ Matthew Porter, Mayor ATTESTED TO AND CORRECTLY RECORDED BY: ________________________________ Stephanie Storm, City Secretary Dates of Publication: March 6, 2024, Wylie News 82 02/27/2024 Item 1. Wylie City Council AGENDA REPORT Department: Public Information Office Account Code: Prepared By: Craig Kelly Subject Discuss the International Jet Ski tournament at Collin Park, located at 2200 Saint Paul Road, Wylie, Texas. Recommendation Discussion Discussion The owner of Woody’s Boat Rentals and Woody’s on the Lake, James Woodruff (aka Woody), is planning to host the IJSBA South Nationals Jet Ski Championship tournament at Collin Park Marina, August 1-4, 2024. The park located at 2200 Saint Paul Road in Wylie is owned by the Army Corp of Engineers and leased to Mr. Woodruff. Mr. Woodruff approached Wylie Fire Rescue and the Public Information Office about partnering with the event and the potential use of occupancy funds to grow and enhance the event. Options include sponsoring a large concert that would highlight the City’s location on the lake. According to Mr. Woodruff, the National Jet Ski Finals should attract 150 racers from around the country and approximately 500 spectators. Based on similar events a large number of the racers, sponsors, and potential spectators will stay at hotels and dine at restaurants within Wylie. National sponsors include Oakley, Yamaha, Sea-Doo Watercraft, Yeti, and Kawasaki. Wylie Fire Rescue has been consulted regarding this event for fire safety/access. 83 02/27/2024 Item WS1. 84 02/27/2024 Item WS1. 85 02/27/2024 Item WS1. Tournament Track 86 02/27/2024 Item WS1. Wylie City Council AGENDA REPORT Department: Finance Account Code: Prepared By: Melissa Beard Subject Discuss 5 Year Projections for 4B Fund, Utility Fund, and General Fund. Recommendation Discussion Discussion Discuss with City Council the 5 Year Projections for 4B Fund, Utility Fund, and General Fund. 87 02/27/2024 Item WS2. 5 Year Projections 4B Fund, Utility Fund, and General Fund 88 02/27/2024 Item WS2. 4B Sales Tax Fund 5 Year Projection 89 02/27/2024 Item WS2. 4B Personnel and Equipment/Capital Requests 90 02/27/2024 Item WS2. 4B Sales Tax Fund Assumptions Sales tax increase of 10% each year Service Fees increase 3% each year 3% increase in personnel expense each year to cover merit and health insurance 5% increase in personnel for market adjustments 2025, 2027 and 2029 1.5% increase in operating expenses One time expenses from FY 2024 have been pulled out to start with a base budget Debt issuance of $16,650,000 in 2025 to fund projects throughout next five years 91 02/27/2024 Item WS2. 4B Sales Tax Fund 92 02/27/2024 Item WS2. Utility Fund 5 Year Projection 93 02/27/2024 Item WS2. Utility Fund Personnel and Equipment Requests 94 02/27/2024 Item WS2. Utility Fund Assumptions Water 5% and Sewer 5.5% increase each year Service Fees increase 3% each year 3% increase in personnel expense each year to cover merit and health insurance 5% increase in personnel for market adjustments 2025, 2027 and 2029 1.5% increase in operating expenses Payment for NTMWD $102 million bond included starting in 2025 Includes Dogwood and Hilltop waterline replacement expense One time expenses from FY 2024 have been pulled out to start with a base budget 95 02/27/2024 Item WS2. Utility Fund 96 02/27/2024 Item WS2. General Fund Analysis and 5 Year Projection 97 02/27/2024 Item WS2. Fiscal Year 2023 Expenditure Summary Variance % Unspent General Government 681,090 5.23% Public Safety 906,956 2.99% Urban Development 119,275 10.39% Streets 429,720 7.81% Community Service 173,941 3.43% Total 2,310,982 4.19% 98 02/27/2024 Item WS2. Taxable Property Value (by Type) & Tax Rate 99 02/27/2024 Item WS2. Commercial Property Value & Property Tax Revenue 100 02/27/2024 Item WS2. Personnel Requests - Public Safety 101 02/27/2024 Item WS2. Personnel Requests - General Government 102 02/27/2024 Item WS2. Vehicle, Equipment and One Time Requests 103 02/27/2024 Item WS2. General Fund Requested Expenditures 104 02/27/2024 Item WS2. Assumptions 3% increase in personnel expense each year to cover merit and health insurance 5% increase in personnel for general and public safety market adjustments in alternating years $1.5 million Public Safety market adjustment in FY 2025 1.5% increase in operating expenses One time expenses from FY 2024 have been pulled out to start with a base budget 105 02/27/2024 Item WS2. Revenue Cap S.B. 2 (2019) 3.5% increase on maintenance and operations property tax revenue plus revenue from new construction Voter-Approval Rate = (No-New-Revenue Maintenance and Operations Rate x 1.035) + Current Debt Service Tax Rate + unused increment Unused Increment Rate - The city has the ability to “bank”, on a rolling three-year basis, the difference between revenue generated with the Voter Approval Rate and the actual lower rate that was adopted FY 2024 unused increment rate was 5 cents. 106 02/27/2024 Item WS2. Questions? 107 02/27/2024 Item WS2.