(A) Establishment. The Richmond City Commission does hereby establish a policy for the Richmond Police Department prohibiting racial profiling.
(B) Definition. For purposes for this policy the following term shall have the meanings specified unless the context clearly indicates otherwise.
RACIAL PROFILING. A process that motivates the initiation of a stop, detention or search which is solely motivated by consideration of an individual's actual or perceived race, color or ethnicity or making discretionary decisions during the execution of law enforcement duties based on the above stated considerations. Nothing shall preclude an officer from relying on an individual's actual or perceived race, color or ethnicity as an element in the identification of a suspect or in the investigation of a crime, a possible crime or violation of law or statute.
(C) Policy. The protection and the preservation of the constitutional and civil rights of individuals remains one of the paramount concerns of government, and law enforcement in particular. To safeguard these rights, law enforcement personnel shall not engage in any behavior or activity that constitutes racial profiling. The decision of an officer to make a stop or detain an individual or conduct a search shall not be solely motivated by consideration of race, color or ethnicity. Stops, detentions or searches shall be based on articulable reasonable suspicions, observed violations of law or probable cause and shall comply with accepted constitutional and legal provisions and with the Code and Cannon of Ethics adopted by the Kentucky Law Enforcement Council through Peace Officer Professional Standards. This policy shall be mandatory for all members of the Richmond Police Department.
(D) Training. All officers shall complete the Kentucky Law Enforcement Council approved training related to racial profiling. Such training shall comply with federal law, state statutory provisions, case law and other applicable laws, regulations and established rules.
(E) Discipline. An officer who violates a provision of this policy shall be subject to the agency's disciplinary procedures, which shall be consistent with other penalties imposed for similar officer misconduct.
(Ord. 01-33, passed 10-9-01)