EWSO POLICY # 18.

May 25, 2005.

Subject:     Racial Profilling, General Order 05-027.

I.      Purpose: The purpose of the Policy is to specify a departmental policy with reguards to racial profilling.

II.     Definitions:

A. Agency-  The Ellsworth County Sheriff's Office.

B. Law Enforcement Officer- as defined in K.S.A. 74-5602, and amendments thereto, and who is employed by the Ellsworth County Sheriff's Office.

C. Routine Ivestigations Activities- includes, but is not limited to, the following activities conducted by law enforcement officers and agencies in conjunction with  traffic stops: (1) Frisk and other types of body searches, and (2) Consensual or nonconsensual searches of persons or possessions, including vehicles, school lockers, homes and apartments.

D. Racial Profiling- the practice of a law enforcement officer or agency relying, as the sole factor, on race, ethnicity, national origin, gender or religious dress in selecting which individuals to subject to routine investigatory activities, or in deciding upon the scope and substance of law enforcement activity, following the initial routine investigatory activity. Racial profiling does not include reliance on such criteria in combination with other identifying factors when the law enforcement officer or agency is seeking to apprehend a specific suspect whose race, ethnicity, national origin, gender or religious dress is part of the description of the suspect.

III. Policy: It is the policy of the Ellsworth County Sheriff's Office that the race, ethnicity, national origin, gender or religious dress of an individual or group shall not be the sole factor in determining the existence of probable cause to take into custody or to arrest an individual or in constituting a reasonable and articulate suspicion that an offense has been or is being committed so as to justify the detention of an individual or the investigatory stop of a vehicle. Racial Profiling is prohibited.

IV. Citizens Complaints of Racial Profiling: A complaint of racial profiling will be handled in accordance with General Order 05-0001 "Citizens Complaints".

V. Annual Educational Training: The Ellsworth County Sheriff's Office will conduct training on racial profiling annually. This training shall include, but not be limited to , an understanding of the historical and cultural systems that perpetuate racial profiling, assistance in identifying racial profiling practices, and providing officers with self evaluation strategies to preempt racial profiling prior to stopping a citizen. This training is mandatory for all deputies, full time, reserve, and special deputies.

VI. Discipline: The Ellsworth County Sheriff's Office has a "zero tolerance" policy for racial profiling. If the investigation of a complaint of racial profiling reveals the deputy was in direct violation of this General Order disciplinary action will be taken. Disciplinary action can be, but is not limited to, suspension without pay or termination of employment. In the event that there is a second confirmed complaint of racial profiling against a deputy, that deputy will be terminated.

VII. Citizens Information System: The public is very much interested in the activities of the Ellsworth County Sheriff's Office. It is the policy of the Ellsworth County Sheriff's Office to engage in a positive program to keep the public informed. In an effort to keep the Ellsworth County community informed, ongoing activities will be initiated to fulfill this process. To this end, this office will engage in placing this General Order and the Citizen Complaint General Order on the official Ellsworth County website Sheriff's Office Page.

VIII.  Administrative Reporting: The Ellsworth County Sheriff's Office shall compile an annual report of all complaints of racial profiling received during the previous year and shall submit the report on or before January 31st. of each year to the office of the Kansas Attorney General for review. The annual report shall include: (1) The date the complaint was filed; (2) action taken in response to the complaint; (3) the decision upon deposition of the complaint; and (4) the date the complaint is closed.

Effective Date: 6/27/05.              Approved by: Kermit Rush

                            CITIZEN COMPLAINT REPORT

                                      General Order  05-0001.

Dear Citizen:

This Form is being provided to you in order to initiate the formal administrative complaint process. We appreciate your effort to bring your complaint to our attention. Please CLICK on the LINK below, print  and then fill out the form. Remember to be as clear and as specific as possible. We cannot assure complete confidentiality since this report will be used as the basis of our investigation, but we will treat the information you give as professionally as possible.

If this complaint involves allegations of Racial Profiling, please be aware that you may also file complaints with the Kansas Attorney General's Office and/ or the Kansas Human Rights Commission, Kansas law mandates that some of the non-identifying information contained in this complaint shall be sumitted by this office to the Kansas Attorney General's Office

                 Thank you for your concern and your cooperation.

                                         Tracy L. Ploutz

                                                  Sheriff

                                     Ellsworth County, KS.                                    

         CITIZEN COMPLAINT REPORT FORM (PDF).