STAFF REPORT. MEETING DATE: March 3, 2015 AGENDA ITEM: 1WS. TITLE: Discuss Consent Agenda Items. STAFF REPRESENTATIVE: Kevin Hugman, City Manager

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3 STAFF REPORT MEETING DATE: March 3, 2015 AGENDA ITEM: 1WS TITLE: Discuss Consent Agenda Items. STAFF REPRESENTATIVE: Kevin Hugman, City Manager

4 STAFF REPORT MEETING DATE: March 3, 2015 AGENDA ITEM: 2WS TITLE: Receive a presentation regarding the Duncanville Police Department 2014 Annual Report on Racial Profiling STAFF REPRESENTATIVE: Robert D. Brown, Jr. Chief of Police BACKGROUND/HISTORY: The Texas Code of Criminal Procedure mandates all law enforcement agencies in the state to collect, analyze, and report on data related to racial profiling. In compliance with those statutes the Duncanville Police Department (DPD) collects data on every motor vehicle stop that results in a citation or arrest. As in previous years, DPD has contracted with the University of North Texas Professional Development Institute to analyze the data collected and prepare the annual report on racial profiling. The analysis and report were prepared by Dr. Chad Trulson, working in conjunction with Dr. Eric Fritsch, Chair of the Department of Criminal Justice at the University of North Texas. The analysis shows that DPD is fully in compliance with all relevant Texas laws concerning racial profiling. POLICY EXPLANATION: Texas Code of Criminal Procedure Article prohibits peace officers from engaging in racial profiling. Articles through require law enforcement agencies to develop a written policy meeting certain requirements, provide training and education to officers employed by the agency, provide a complaint and public education process, collect mandated data, report that data to the Texas Commission on Law Enforcement, analyze the data, and provide a report to the governing body of the municipality. FUNDING SOURCE: $1,500 is allocated in the General Fund budget for the analysis and preparation of an annual report on racial profiling. RECOMMENDATION: None The 2014 Annual Report on Racial Profiling is presented to City Council in compliance with the Texas Code of Criminal Procedure, Article (b). No action is required by Council ATTACHMENTS: Attachment 1 Cover letter to Council Attachment 2 Full Final Racial Profiling Report Duncanville 2014

5 February 5, 2015 To: From: CC: Subject: Mayor David Green and Duncanville City Council Robert D. Brown, Jr., Chief of Police Lynda Humble, Interim City Manager 2014 Annual Report on Racial Profiling The Duncanville Police Department 2014 Racial Profiling Analysis is attached. The analysis was performed by the University of North Texas, under the direction of Dr. Eric J. Fritsch. Dr. Chad R. Trulson was the lead analyst for this report. Should you have any questions about the analysis methodology, Dr. Trulson may be contacted at (940) or The Executive Summary, located on page 2 of this report, identifies seven bullet statements that are critical to the analysis. The bullet statements indicate that the Duncanville Police Department is in full compliance with all statutory requirements regarding policy formulation, training, public education, complaint filing, and met all mandated deadlines for compliance. During 2014, the Duncanville Police Department received one complaint alleging racial profiling. A review of the audio/video recording from the in car camera showed that complaint to be unfounded. The Duncanville Police Department takes any complaint of racial profiling very seriously, and any such allegations are thoroughly investigated to insure fair and equitable law enforcement. Supervisors routinely review randomly selected audio/video recordings of traffic stops as a quality assurance measure. Additionally, the department regularly provides training on diversity and sensitivity. This analysis will be available on the City of Duncanville s website, as well as at the Duncanville Public Library in the current events section.

6 As required by statute, the Tier One data from our 2014 Racial Profiling Report has been uploaded to the Texas Commission on Law Enforcement (TCOLE) website. Please feel free to contact me if you have any questions or concerns regarding this analysis. Robert D. Brown, Jr. Chief of Police

7 DUNCANVILLE POLICE DEPARTMENT 2014 RACIAL PROFILING ANALYSIS PREPARED BY: Eric J. Fritsch, Ph.D. Chad R. Trulson, Ph.D. University of North Texas

8 Executive Summary Article (7) of the Texas Code of Criminal Procedure requires the annual reporting to the local governing body of data collected on the race or ethnicity of individuals stopped and issued citations or arrested for traffic violations and whether or not those individuals were searched. Since the law provides no clear instruction to a governing body on how to review such data, the Duncanville Police Department requested this analysis and review to assist the City Council in reviewing the data. The analysis of material and data from the Duncanville Police Department revealed the following: A COMPREHENSIVE REVIEW OF THE DUNCANVILLE POLICE DEPARTMENT REGULATIONS, SPECIFICALLY SECTION 5.41 OUTLINING THE DEPARTMENT S POLICY CONCERNING RACIAL PROFILING, SHOWS THAT THE DUNCANVILLE POLICE DEPARTMENT IS FULLY IN COMPLIANCE WITH ARTICLE OF THE TEXAS CODE OF CRIMINAL PROCEDURE. A REVIEW OF THE INFORMATION PRESENTED AND SUPPORTING DOCUMENTATION REVEALS THAT THE DUNCANVILLE 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 ANALYSIS OF STATISTICAL INFORMATION FROM DUNCANVILLE POLICE DEPARTMENT REVEALS THAT THERE ARE NO METHODOLOGICALLY CONCLUSIVE INDICATIONS OF SYSTEMIC RACIAL PROFILING BY THE DEPARTMENT. THE DUNCANVILLE POLICE DEPARTMENT IS FULLY IN COMPLIANCE WITH APPLICABLE TEXAS LAW CONCERNING THE PROHIBITION OF RACIAL PROFILING. THE DUNCANVILLE POLICE DEPARTMENT IS FULLY IN COMPLIANCE WITH APPLICABLE TEXAS LAW CONCERNING THE REPORTING OF INFORMATION TO TCOLE.

9 Introduction This report details an analysis of the Duncanville Police Department s policies, training, and statistical information on racial profiling for the year This report has been prepared to specifically comply with Article of the Texas Code of Criminal Procedure (CCP) regarding the compilation and analysis of racial profiling data. Specifically, the analysis will address Articles of the CCP and make a determination of the level of compliance with those articles by the Duncanville Police Department in The full copies of the applicable laws and regulations pertaining to this report are contained in Appendix A. This report is divided into six analytical sections: Duncanville Police Department s policy on racial profiling; Duncanville Police Department s training and education on racial profiling; Duncanville Police Department s complaint process and public education on racial profiling; analysis of statistical data on racial profiling; analysis of Duncanville Police Department s compliance with applicable laws on racial profiling; and a final section which includes completed data and information reporting forms required to be sent to TCOLE beginning in 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). Duncanville Police Department Policy on Racial Profiling A review of Duncanville Police Department regulation 5.41 revealed that the department has adopted policies to be in compliance with Article of the Texas CCP (see Appendix B). There are seven specific requirements mandated by Article that a law enforcement agency must address. All seven are clearly covered in regulation Duncanville Police Department regulations provide clear direction that any form of racial profiling 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 Duncanville Police Department regulation. A COMPREHENSIVE REVIEW OF DUNCANVILLE POLICE DEPARTMENT REGULATION 5.41 SHOWS THAT THE DUNCANVILLE POLICE DEPARTMENT IS FULLY IN COMPLIANCE WITH ARTICLE OF THE TEXAS CODE OF CRIMINAL PROCEDURE. Duncanville Police Department Training and Education on Racial Profiling Texas Occupation Code and require that curriculum be established and training certificates issued on racial profiling for all Texas Peace officers. Information provided by Duncanville Police Department reveals that racial profiling training and certification is current for all officers.

10 A REVIEW OF THE INFORMATION PRESENTED AND SUPPORTING DOCUMENTATION REVEALS THAT THE DUNCANVILLE POLICE DEPARTMENT IS FULLY IN COMPLIANCE WITH TEXAS LAW ON TRAINING AND EDUCATION REGARDING RACIAL PROFILING. Duncanville Police Department Complaint Process and Public Education on Racial Profiling Article (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. Duncanville Police Department regulation 5.41 Section IV Parts A-D covers this requirement. Specifically, the department has prepared a tri-fold pamphlet available in the Duncanville Police Department lobby, the counter outside the Duncanville Police Department Internal Affairs office, and the Duncanville Public Library. The brochure is clearly written and provides detailed information on the process and whom to contact to file a complaint. Duncanville Police Department also provides the following easy to access websites for information related to Internal Affairs and complaint processes: 1. Internal Affairs ( 2. Internal Affairs Brochure ( 3. Complaint Form ( 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. Duncanville Police Department Statistical Data on Racial Profiling Article 2.132(b) 6 requires that law enforcement agencies collect statistical information on traffic stops in which a citation is issued and arrests with specific information on the race of the person cited. In addition, information concerning searches of persons and whether or not the search was based on consent is also required to be collected. Duncanville Police Department submitted statistical information on all citations in 2014 and accompanying information on the race of the person cited. Accompanying this data was the relevant information on searches and arrests. 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 The first chart depicts the percentages of people cited by race among the total 5,196 citations given in White drivers constituted percent of all drivers cited, whereas Whites constitute 1 There were 33 citations given where the race/ethnicity of the citizen was Native American, Middle Eastern, or unknown/other. Due to the extremely small number of cases, these data are not represented in the charts. The total

11 32.30 percent of the city population, percent of the county population, and percent of the region population. 2 However, White drivers were cited at a higher rate than the percentage of Whites within the campus population of ISD students (8.50 percent). 3 African-American drivers constituted percent of all drivers cited, whereas African-Americans constituted percent of the city population, percent of the county population, and percent of the region population. African-American drivers were cited at a rate that is higher than the percentage of African-Americans within the ISD student population (42.80 percent). Hispanic drivers constituted percent of all drivers cited, whereas Hispanics constituted percent of the city population, percent of the county population, and percent of the region population. Hispanic drivers were cited at a rate that is much lower than the percentage of Hispanic students within the ISD (45.50 percent). 60% 50% 40% 30% 20% 10% 0% White Hispanic African- American % City Population 32.30% 35.00% 29.80% % County Population 33.10% 38.30% 22.30% % Regional Population 50.90% 27.30% 14.50% % Campus Population 8.50% 45.50% 42.80% % Citations 15.90% 26.77% 56.00% Easy determinations regarding whether or not Duncanville officers have racially profiled" a given motorist are impossible given the nature of the data that has been collected and presented for this report. 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 number of citations (5,196) does not include 506 arrests as the result of a traffic stop as indicated in the TCOLE forms at the end of this report. Together, the total number of citations and arrests equals 5, City and County population figures are derived from the 2010 Census of the U.S. Census Bureau. Regional population figures are defined as the 16 county Dallas-Ft. Worth Area and include the following counties: Collin, Dallas, Denton, Ellis, Erath, Hood, Hunt, Johnson, Kaufman, Navarro, Palo Pinto, Parker, Rockwall, Somervell, Tarrant, and Wise. 3 Duncanville ISD enrollment data are based on figures reported by Duncanville ISD for 2014 found at

12 aggregate incident level 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. This kind of determination necessarily requires an examination of data at the individual officer level for a more detailed analysis of individual officer decision-making. Unfortunately, the law does not currently require the collection of this type of data, resulting in a considerable amount of conjecture as to the substantive meaning of aggregate level disparities. That is, who or what is driving the disproportionate rates at which minorities seem to be stopped and searched? We cannot know or even begin to examine this issue with analyses that end with aggregate level comparisons of rates. Additional interpretation problems remain in regards to the specific measurement of racial "profiling" as defined by Texas state code. For example, officers are currently forced to make subjective determinations regarding an individual's race based on his or her personal observations because the Texas Department of Public Safety does not provide an objectively-based determination of an individual's race/ethnicity on the Texas driver's license. The absence of any verifiable race/ethnicity data on the driver's license is especially troubling given the racial diversity within the city of Duncanville and the North Texas region as a whole, and the large numbers of citizens who are of Hispanic and/or mixed racial descent. The validity of any racial/ethnic disparities discovered in the aggregate level data becomes threatened in direct proportion to the number of subjective "guesses" officers are forced to make when trying to determine an individual's racial/ethnic background. 4 In addition, the data collected for the current report does not allow for an analysis that separates (or disaggregates) the discretionary decisions of officers to stop a motorist from those that are largely non-discretionary. For example, non-discretionary stops of motorists based on the discovery of outstanding warrants should not be analyzed in terms of whether or not "profiling" has occurred simply because the officer who has stopped a motorist as a result of the discovery of an outstanding warrant does not independently make the decision to stop, but rather, is required to stop that individual regardless of any determination of race. An officer cannot be determined to be racially profiling" when organizational rules and state codes compel them to stop regardless of an individual's race/ethnicity. Straightforward aggregate comparisons of stop rates ignore these realities, and fail to distinguish between discretionary and non-discretionary law enforcement actions. In the future, this validity issue could be lessened by the collection of data indicating the initial reason for the traffic stop, whether it be an observed traffic violation, other criminal activity, the existence of an outstanding warrant, or some other reason. Finally, there has been considerable debate as to what the most appropriate population "base-rate" is in determining whether or not racial/ethnic disparities exist. Questions concerning the most appropriate base-rate are most problematic in the case of traffic stops, because there are problems associated with using any number of different population measures to determine whether or not aggregate level racial disparities exist. As the current analysis shows in regards to the use of city, county, regional, and ISD student population base-rates, the outcome of analyses designed to determine whether or not disparities exist is obviously dependent on which base-rate is used. In addition, changes in the demographic character of North Texas and particularly within the city of Duncanville have made the base-rate issue especially problematic because measures derived 4 It should be noted that in 2014, officers reported knowing the race or ethnicity of the driver prior to the stop in only 30 out of 5,196 motor vehicle stops, or less than 1 percent of the time.

13 exclusively from the U.S. Census can become quickly outdated since they are compiled only once per decade. Although this report utilized the most recent 2010 Census data, these figures will also come quickly outdated due to the rapid changes still being experienced in the North Texas area, and in particular, the city of Duncanville. Moreover, the determination of valid stop base-rates becomes multiplied if analyses fail to distinguish between residents and non-residents who are stopped, 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 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. The table below reports the summaries for the total number of persons cited and searched subsequent to being stopped by the Duncanville Police Department for traffic offenses. In addition, the table shows the number of stopped individuals who granted consent to search and those stopped drivers who were arrested pursuant to the stop. The table shows that roughly 16 percent of all citations were given to White drivers (826/5,196 total citations), roughly 56 percent (2,910) of all citations were given to African-American drivers, and roughly 27 percent (1,391) of all citations were given to Hispanic drivers. In addition, roughly 8 percent of all drivers searched were White (19/245 total searches), 26 percent were Hispanic, and 66 percent were African- American. It is clear, however, that the vast majority of the total number of drivers cited (including White, African-American, and Hispanic groups) were not searched (95 percent, 245/5,196). Action White African- American Hispanic Asian Other Total Total Citations 826 2,910 1, ,196 Searched Consent Arrest It should be noted that aggregate level comparisons regarding the rates at which drivers are searched by police are subject to some of the same methodological issues as those outlined above regarding analyses of aggregate level stop rates. Of particular concern is the absence of any analyses that separates discretionary searches from non-discretionary searches. For example, searches that are conducted incident to an arrest or as part of a vehicle tow inventory should not be included in analyses designed to examine whether or not racial profiling has occurred because these types of searches are non-discretionary in that the officer is compelled by law or departmental guidelines to conduct the search irrespective of the race of the stopped driver. The bar chart below presents the percentage of drivers who were searched by consent within each racial category. Overall, less than 1 percent of all citations resulted in a consent search. Across

14 racial groups, less than one-half of 1 percent of all White drivers who were cited were consent searched, less than 1 percent of all Hispanic drivers who were cited were consent searched, and slightly over 1 percent of all African-American drivers who were cited were searched by consent. Altogether, only 48 consent searches occurred in 2014 among more than 5,000 traffic stops. 7% 6% 5% 4% 3% 2% 1% 0% % Consent Searched White Hispanic African-American 0.48% 0.80% 1.13% Analysis of Racial Profiling Compliance by Duncanville Police Department The foregoing analysis shows that the Duncanville 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 of data in compliance with the law. Finally, internal records indicate that during 2014 the department received one complaint alleging racial profiling. After review of dash-cam video, the complaint was unfounded. In addition to providing summary reports and analysis of the data collected by the Duncanville Police Department in 2014, 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 Duncanville Police Department as well as police agencies across Texas. The Duncanville Police Department should continue its educational and training efforts within the department on racial profiling. Finally, the department should conduct periodic evaluations of individual officers to assess whether or not an officer is engaging in racial profiling. The final section of this report includes required TCOLE reporting information by Texas law enforcement organizations.

15 Duncanville Police Department TCOLE Reporting Forms

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18 PARTIAL EXEMPTION RACIAL PROFILING REPORTING (TIER 1) INSTRUCTIONS: Please fill out all boxes. If zero, use Total on lines 4, 11, 14, and 17 must be equal 2. Total on line 20 must equal line 15 AGENCY NAME: Duncanville Police Department Number of motor vehicle stops (mark only 1 category per vehicle stop): 1. 5,196 Citation only Arrest only 3. Both 4. 5,702 (Total of 1-3) Race or Ethnicity (mark only 1 category per vehicle stop): 5. 3,242 African Asian Caucasian 8. 1,507 Hispanic 9. 9 Middle Eastern Native American 15 Other 11. 5,702 (Total of 5-10, must be the same as #4) Race or Ethnicity known prior to stop? Yes 13. 5,672 No 14. 5,702 (Total of 12-13, must be the same as #4 and #11) Search conducted? Yes 16. 5,457 No 17. 5,702 (Total of 15-16, must be the same as #4, #11, and #14 above) Was search consented? Yes No (Total, must equal #15)

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20 Appendix A Racial Profiling Statutes and Laws Art 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, Art 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, Art 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 of a particular descent, including Caucasian, African, Hispanic, Asian, Native American, or Middle Eastern descent. (b) Each law enforcement agency in this state shall adopt a detailed written policy on racial profiling. The policy must: (1) clearly define acts constituting racial profiling;

21 (2) strictly prohibit peace officers employed by the agency from engaging in racial profiling; (3) implement a process by which an individual may file a complaint with the agency if the individual believes that a peace officer employed by the agency has engaged in racial profiling with respect to the individual; (4) provide public education relating to the agency's complaint process; (5) require appropriate corrective action to be taken against a peace officer employed by the agency who, after an investigation, is shown to have engaged in racial profiling in violation of the agency's policy adopted under this article; (6) require collection of information relating to motor vehicle stops in which a citation 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; and (C) whether the peace officer knew the race or ethnicity of the individual detained before detaining that individual; 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 Commission on Law Enforcement Officer Standards and Education; 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. (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. If a law enforcement agency installs video or audio equipment as provided by this

22 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 Commission on Law Enforcement Officer Standards and Education 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. Added by Acts 2001, 77th Leg., ch. 947, Sec. 1, eff. Sept. 1, Amended by: Acts 2009, 81st Leg., R.S., Ch. 1172, Sec. 25, eff. September 1, Art 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;

23 (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; and (8) whether the officer issued a written warning or a citation as a result of the stop. Added by Acts 2001, 77th Leg., ch. 947, Sec. 1, eff. Sept. 1, Amended by: Acts 2009, 81st Leg., R.S., Ch. 1172, Sec. 26, eff. September 1, Art 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 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 Commission on Law Enforcement Officer Standards and Education

24 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 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; and (B) examine the disposition of motor vehicle stops made by officers employed by the agency, categorized according to the race or ethnicity of the affected persons, as appropriate, including any searches resulting from stops within the applicable jurisdiction; 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 Commission on Law Enforcement Officer Standards and Education, in accordance with Section , 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 Commission on Law Enforcement Officer Standards and Education 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.

25 Amended by: Acts 2009, 81st Leg., R.S., Ch. 1172, Sec. 27, eff. September 1, Art PARTIAL EXEMPTION FOR AGENCIES USING VIDEO AND AUDIO EQUIPMENT. (a) A peace officer is exempt from the reporting requirement under Article and the chief administrator of a law enforcement agency, regardless of whether the administrator is elected, employed, or appointed, is exempt from the compilation, analysis, and reporting requirements under Article if: (1) during the calendar year preceding the date that a report under Article is required to be submitted: (A) each law enforcement motor vehicle regularly used by an officer employed by the agency to make motor vehicle stops is equipped with video camera and transmitteractivated equipment and each law enforcement motorcycle regularly used to make motor vehicle stops is equipped with transmitter-activated equipment; and (B) each motor vehicle stop made by an officer employed by the agency that is capable of being recorded by video and audio or audio equipment, as appropriate, is recorded by using the equipment; or (2) the governing body of the county or municipality served by the law enforcement agency, in conjunction with the law enforcement agency, certifies to the Department of Public Safety, not later than the date specified by rule by the department, that the law enforcement agency needs funds or video and audio equipment for the purpose of installing video and audio equipment as described by Subsection (a)(1)(a) and the agency does not receive from the state funds or video and audio equipment sufficient, as determined by the department, for the agency to accomplish that purpose. (b) Except as otherwise provided by this subsection, a law enforcement agency that is exempt from the requirements under Article shall retain the video and audio or audio documentation of each motor vehicle stop for at least 90 days after the date of the stop. If a complaint is filed with the law enforcement agency alleging that a peace officer employed by the agency has engaged in racial profiling with respect to a motor vehicle stop, the agency shall retain the video and audio or audio record of the stop until final disposition of the complaint. (c) This article does not affect the collection or reporting requirements under Article

26 (d) In this article, "motor vehicle stop" has the meaning assigned by Article 2.132(a). Added by Acts 2001, 77th Leg., ch. 947, Sec. 1, eff. Sept. 1, Amended by: Acts 2009, 81st Leg., R.S., Ch. 1172, Sec. 28, eff. September 1, Art 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 or under a policy adopted under Article Added by Acts 2001, 77th Leg., ch. 947, Sec. 1, eff. Sept. 1, Art PROVISION OF FUNDING OR EQUIPMENT. (a) The Department of Public Safety shall adopt rules for providing funds or video and audio equipment to law enforcement agencies for the purpose of installing video and audio equipment as described by Article 2.135(a)(1)(A), including specifying criteria to prioritize funding or equipment provided to law enforcement agencies. The criteria may include consideration of tax effort, financial hardship, available revenue, and budget surpluses. The criteria must give priority to: (1) law enforcement agencies that employ peace officers whose primary duty is traffic enforcement; (2) smaller jurisdictions; and (3) municipal and county law enforcement agencies. (b) The Department of Public Safety shall collaborate with an institution of higher education to identify law enforcement agencies that need funds or video and audio equipment for the purpose of installing video and audio equipment as described by Article 2.135(a)(1)(A). The collaboration may include the use of a survey to assist in developing criteria to prioritize funding or equipment provided to law enforcement agencies.

27 (c) To receive funds or video and audio equipment from the state for the purpose of installing video and audio equipment as described by Article 2.135(a)(1)(A), the governing body of a county or municipality, in conjunction with the law enforcement agency serving the county or municipality, shall certify to the Department of Public Safety that the law enforcement agency needs funds or video and audio equipment for that purpose. (d) On receipt of funds or video and audio equipment from the state for the purpose of installing video and audio equipment as described by Article 2.135(a)(1)(A), the governing body of a county or municipality, in conjunction with the law enforcement agency serving the county or municipality, shall certify to the Department of Public Safety that the law enforcement agency has installed video and audio equipment as described by Article 2.135(a)(1)(A) and is using the equipment as required by Article 2.135(a)(1). Added by Acts 2001, 77th Leg., ch. 947, Sec. 1, eff. Sept. 1, Art RULES. The Department of Public Safety may adopt rules to implement Articles Added by Acts 2001, 77th Leg., ch. 947, Sec. 1, eff. Sept. 1, Art 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 the amount of $1,000 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 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, Sec. 29, eff. September 1, 2009.

28 Appendix B Agency Policy

29

30

31

32 Appendix C Racial Profiling Laws and Corresponding General Orders and Standard Operating Procedures Texas CCP Article DUNCANVILLE POLICE DEPARTMENT Regulations Section (b)1 Section II Part A 2.132(b)2 Section III 2.132(b)3 Section IV 2.132(b)4 Section IV Part B 2.132(b)5 Section V 2.132(b)6 Section VI 2.132(b)7 Section VI Part B

33 STAFF REPORT MEETING DATE: March 3, 2015 AGENDA ITEM: 3WS TITLE: Receive an overview presentation and project timeline for the Compensation and Classification Study from Evergreen Solutions LLC. STAFF REPRESENTATIVE: Jennifer Otey, HR Manager BACKGROUND/HISTORY: Evergreen Solutions LLC is the firm selected to conduct the Compensation and Classification Study. To kick of the project, staff would like Evergreen to give an overview of their process and proposed project timeline to Council. Policy input will be needed at a future date to determine our Compensation strategy and establish our comparative labor market. POLICY EXPLANATION: N/A FUNDING SOURCE: The Employee Compensation Study was approved in the FY 15 budget as a one-time expenditure through the Innovation Fund. RECOMMENDATION: No action is required at this time. However, staff would like direction on setting future meetings with Council. ATTACHMENTS: N/A

34 STAFF REPORT MEETING DATE: March 3, 2015 AGENDA ITEM: 4ES TITLE: City Council shall convene into closed executive session pursuant to Section , Texas Government Code, Personnel Matters, to deliberate the duties and assignment of a public officer, to wit: City Manager. STAFF REPRESENTATIVE: Kevin Hugman, City Manager

35 STAFF REPORT MEETING DATE: March 3, 2015 AGENDA ITEM: 5P TITLE: Mayor s Report. STAFF REPRESENTATIVE: Kevin Hugman, City Manager

36 STAFF REPORT MEETING DATE: March 3, 2015 AGENDA ITEM: 6P TITLE: Councilmembers Reports. STAFF REPRESENTATIVE: Kevin Hugman, City Manager

37 STAFF REPORT MEETING DATE: March 3, 2015 AGENDA ITEM: 7P TITLE: Recognition of Keep Duncanville Beautiful Spring 2015 Curb Appeal Residential Properties. STAFF REPRESENTATIVE: Timothy Hamilton, Parks/Athletics Manager and KDB Staff Liaison BACKGROUND/HISTORY: The Keep Duncanville Beautiful (KDB) Board members are charged with the responsibility of creating and implementing programs that will encourage beautification within Duncanville. The Curb Appeal Program was designed to fill this goal for residential property recognition. The properties chosen for the Spring 2015 Curb Appeal Residential Properties include: District 1: Dean & Barbara Wallace 1655 Nob Hill Dr. Duncanville, TX 75137

38 District 2: Watson Turnberry LLC 410 W. Center St. Duncanville, TX District 3: Mary Powell 506 Dawson Dr. Duncanville, 75116

39 District 4: David Allen 946 Cambridge Dr. Duncanville, TX District 5: Mark Roy 622 W. Red Bird Ln. Duncanville, TX 75116

40 POLICY EXPLANATION: One residential property for each of the five Council Districts in Duncanville is recognized each season for significant improvements to the exterior portion of the residence, landscape improvements, and/or long term maintenance of the property that exemplifies high quality standards. Upon approval from the property owners each recipient receives a sign placed in their yard for a period of one month as well as bag of gardening gifts, recognition at a regular City Council meeting, and an article including photo of the property in the City s newsletter, the Champion. A Keep Duncanville Beautiful (KDB) Board sub-committee selects the Curb Appeal properties for nomination one property per sub-committee member. The KDB Board follows the criteria identified below: Property must be located within the city limits of Duncanville, Texas Neatness Flowers not mandatory House in good condition Landscaping consistent with building Overall maintenance (i.e. paint, shrubs etc.) Subjective No seasonal decorations are considered in the judging FUNDING SOURCE: Funds are budgeted in the KDB annual budget, which is funded by the DCEDC, for the yard signs and bag of garden gifts. RECOMMENDATION: N/A ATTACHMENTS: N/A

41 STAFF REPORT MEETING DATE: March 3, 2015 AGENDA ITEM: 8P TITLE: Proclamation recognizing March 15-21, 2015 as Poison Prevention Week. STAFF REPRESENTATIVE: Kevin Hugman, City Manager Mary E. Jones, City Secretary BACKGROUND/HISTORY: March 15-21, 2015 marks the 53 rd annual observance of Poison Prevention Week. This time is used to encourage our citizens to learn more about the dangers of accidental poisonings and to take more preventive measures. POLICY EXPLANATION: There is no policy decisions associated with this item. FUNDING SOURCE: There is no funding associated with this item. RECOMMENDATION: This item is a presentation only and no action is required. ATTACHMENTS: Proclamation

42 WHEREAS, WHEREAS, WHEREAS, WHEREAS, WHEREAS, WHEREAS, our society has become increasingly dependent on household chemicals to perform labor-saving, time-saving miracles; and on medicine to provide health-giving, lifesustaining benefits; and, these products, when not used as intended or directed, may be hazardous, particularly if children gain access to them; and, over the past 53 years, the nation has been observing Poison Prevention Week to call attention to these hazards and how proper handling and disposal of these substances and proper use of safety packaging can help eliminate them; and, the efforts of our community organizations, complemented by the efforts of the North Texas Poison Center have reduced childhood poisonings in Duncanville, Texas; and, the North Texas Poison Center, a regional poison center, located at Parkland Health & Hospital System, provides the ultimate in human service programming, immediate, accessible emergency information to save lives of victim of poisonrelated emergencies; and, these programs must continue as long as even one child swallows a household product or medicine by mistake. NOW, THEREFORE, I, David L. Green, Mayor of the City of Duncanville, Texas do hereby proclaim March 15-21, 2015 as POISON PREVENTION WEEK City of Duncanville. Further, I direct the appropriate agencies in our local government to continue their cooperation with concerned citizens and community organizations, including our schools, to develop programs which will alert our people to the continued danger of misusing medicines and household products and to promote effective safeguards against accidental poisonings among young children. IN WITNESS WHEREOF, I have hereunto set my hand and caused the Seal of the City of Duncanville, Texas to be affixed this 3 rd day of March, 2015.

43 STAFF REPORT MEETING DATE: March 3, 2015 AGENDA ITEM: 9 TITLE: CITIZENS INPUT At this time, two minute comments will be taken from the audience on any topic. To address the Council, please submit a fully-completed request card to the City Secretary prior to the beginning of the Citizens Input portion of the Council meeting. In accordance with the Texas Open Meetings Act, the City Council cannot discuss issues raised or make any decisions at this time. Issues may be referred to City Staff for research and possible future action.

44 STAFF REPORT MEETING DATE: March 3, 2015 AGENDA ITEM: 10C TITLE: Consider approval of the Minutes for the February 17, 2015 Regular City Council Meeting; and the February 19, 2015 Special City Council Meeting. STAFF REPRESENTATIVE: Kevin Hugman, City Manager Mary E. Jones, City Secretary BACKGROUND/HISTORY: N/A POLICY EXPLANATION: Section of the Government Code provides as follows: (a) A Governmental body shall prepare and keep minutes or make a tape recording of each open meeting of the body. (b) The minutes must: 1. State the subject of each deliberation; and 2. Indicate the vote, order, decision or other action taken. FUNDING SOURCE: N/A RECOMMENDATION: Approve, amend or correct the Minutes for the February 3, 2015 Regular City Council Meeting. ATTACHMENTS: DRAFT City Council Regular Meeting Minutes DRAFT City Council Special Meeting Minutes

45 DUNCANVILLE CITY COUNCIL MEETING MINUTES REGULAR MEETING TUESDAY, FEBRUARY 17, DRAFT- CALL TO ORDER A regular meeting of the Duncanville City Council was called to order on Tuesday, February 17, 2015 at 6:00 p.m. in the Council Briefing Room at City Hall with a quorum to wit: WORK SESSION/BRIEFING ITEMS David L. Green Mayor Cliff Boyd Councilman, District 1 Steven Rutherford Councilman, District 2 Stan Smith Mayor Pro Tem, District 3 Ron Dotson District 4 Patrick Harvey Councilman At-Large Item No. 1WS Discuss Consent Agenda Items. Mayor called for discussion on the Consent Agenda Items. regarding the digital fingerprint live scan station. The Council discussed Item No. 14C Item No 2WS Receive a presentation from Code Enforcement Officials regarding the Fair, judicious, and consistent enforcement of community standards, in order to provide exceptional customer service. Assistant City Manager Charles Smith introduced the Code Enforcement staff: Senior Code Enforcement Officer Tom Greco, Chris Miles, and Nicole McKeon. Items discussed include the ultimate goal of voluntary compliance through Fair but Firm code enforcement practices; development of a list of resources to assist citizens unable to maintain their properties; consistency in the treatment of all citizens; due diligence; encouraging voluntary compliance; exceptional customer service; maintaining property values i.e., lowering crime rate and promoting a sense of pride; enforceability, increased citizen engagement; involvement of others i.e. Citizens on Patrol, other employees, as well as citizens reporting code issues on line. Further discussion included controlling illegal dumping and a request for quarterly updates to the Council during regular session. Following discussion, the Council thanked the Code Enforcement Staff for their work and presentation. Mayor Green announced the meeting was recessed at 6:43 p.m. and would reconvene in Council Chambers 2 7:00 p.m. EXECUTIVE SESSION There were no executive sessions. CONVENE INTO THE COUNCIL CHAMBERS Council reconvened into Regular Session in the Council Chambers at 7:02 p.m. with Mayor Green presiding.

46 The Invocation was provided by Pastor Ginger Hertenstein of the First Presbyterian Church of Duncanville. The Pledge of Allegiance and Texas Pledge were led by Mayor Green. PRESENTATIONS AND PROCLAMATIONS Item No. 3P Mayor s Report Mayor Green spoke regarding the new television monitor in the Council Chambers for citizens to view the Briefing Session live. Interim City Manager Humble noted the recent issues with AT&T broadcasting the Council meetings live but the issues were being resolved. Item No. 4P Councilmembers Reports Mayor Green read the items into record. Councilman Boyd introduced Reginald Samuels, the new Head Football Coach for Duncanville ISD. Coach Samuels noted he was happy to be part of the Duncanville family. Mayor Pro Tem Smith spoke regarding Operation Blue Shield and a presentation planned for March 17, 2015 City Council meeting by Toni Brinker Pickens. He also encouraged everyone to attend DuncanSwitch to be held on January 21, 2015 from 8:00 2:00 p.m. and the Chamber of Commerce Flavor of Duncanville event to be held March 12, 2015 from 4:00-8:00 p.m. at the Duncanville High School. Item No. 5P Receive the Financial Report as of December 31, 2014 Mayor Green read the item into record. Finance Director Summerlin provided a PowerPoint presentation of the Financial Report as of December 31, 2014 including: actual revenues and expenditures in comparison to the current budget with a current bench mark at 25% of total budget; General Fund i.e. unreserved fund balance of $5.2 million; overall General Fund revenues at 27% of the budget; property tax payments at 47% of the annual budgeted amount 11% higher than the same time last year; sales tax revenues of 9% higher than the same time last year; franchise fee revenues are received on a quarterly basis; overall General Fund expenditures are at 29% of the FY 2015 budget; Utility ending unreserved fund balance is $822 thousand; and Solid Waste, Economic Development, Fieldhouse, Medical Self- Insurance, Comprehensive Self-Insurance, and Traffic Improvement and Safety Funds. In addition, the Innovation Fund project update includes the following projects as in progress or completed: ipads for City Council; Phone system net infrastructure; HR employee self-service online system (Banner); Finance system training (Banner); ipad for parks facility reporting; building security/ada compliance; City Hall door replacement; Police Segway; Camera for Police Tower; and tire change with wheel lift for equipment services. Following the presentation, discussion included updating on due processing on General Government fund and flooring replacement at the Fieldhouse. Item No. 6P Receive a Report from Jus Balls regarding the Duncanville Fieldhouse Mayor Green read the item into record. Latisha Brice of Jus Balls provided a PowerPoint presentation update on the Duncanville Fieldhouse for February and March 2015 including: upcoming events; sold out Duncanville Hotels during the events; repairing floors and air conditioning; new training equipment; advertising; and providing local restaurants with event schedule. Discussion followed regarding the source of the floor moisture problem. 2

47 Item No. 7P Update on Quarter 1 of FY 2015 Work Plan and FY 2014 Accomplishments Interim City Manager Humble provided a PowerPoint presentation providing an update on the Quarter 1 of the FY 2015 Work Plan and FY 2014 Accomplishments. An amazing value, local government services is the best deal in town. Although local government is more approachable for its citizens than State or Federal, it s often taken for granted. Duncanville is a $67 million corporation protecting life, health, and safety while managing the tax payers money with transparency. The FY 2015 Work Plan was adopted by City Council on November 4, 2015 with 106 items providing long term policy direction of Council which Staff has turned into concrete measurable action items, articulating what, why, and how it s being accomplished. The objective of the presentation is to paint a picture of who s responsible, what it will provide, the funding source, and community benefits. The Work Plan is permitting Council and Staff to exit crises mode and allowing each to focus appropriately, i.e. Policy Making for Council and Operations for Staff. The Cornerstone of the Work Plan is to engage 6%, or 2,340, of the population in 2015 and keeping record of each through a database available to all Staff. Interim City Manager Humble reviewed each of the 5 Goals and many of the subset of goals including: Goal 1 Achieve and sustain a healthy relationship between organization s stakeholders. This is being accomplished by: o Board and Commission process, i.e. Newsletter and Fair resulting in 90 applicants, 7 City Council meetings for interviews and discussion of appointments, Resolutions creating 5 new boards, Joint Board Orientation, and Joint Meetings with City Council. o Educational process including a newsletter, water bill insert and a town hall meeting was held to educate the citizens regarding the necessary water, sewer, and sanitation rate increase. o Implementing Everbridge, a mass communication system to notify citizens of important information. March 1, 2015 will be the effective date and citizens can register on the City s website. o Accounts payable Vendor Survey providing a method for our vendors to rate our customer service. o Expand Initiative between community and Police Department through events and technology i.e. Virtual Homeowners Association (NextDoor.com). o Develop and implement survey for Patrol and Criminal Investigations. Police 2 Citizen survey will be announced in the March 2015 water bill insert. o Develop an on-street bike demonstration project. The City is implementing the project between Lake Side Park to Red Bird Park running along Hill City. The ribbon cutting is planned for mid-april. o Operational Study of the Duncanville Fieldhouse. Meeting scheduled for February 19, 2015 to seek policy input from Council. Goal is to have a realistic business plan to set the Fieldhouse up for success. o Develop and Implement surveys on Emergency Medical Services. Every call receives a personal letter from Chief Rohde with the survey to measure customer satisfaction. Goal 2 Foster a value-based environment where employees are supported and encouraged to develop. o o Compensation Study Request for Proposal sent out on December 30, 2014 and on January 22, 2015, 8 were received, 4 were considered, and Evergreen Solutions was selected. ICM Humble emphasized the importance of transparency of the study allowing employees to be heard. The final report will be presented to Council on June 16, 2015 in time for the FY 2016 budget considerations. Implement an Emergency Operations Center Exercise. This has been done. All EOC team members have to-go bags, and laptops in case of emergencies. The EOC is set up 3

48 to run as a secondary location in case of emergencies; winter weather protocol; practice every first and third Thursdays; FEMA training; and updating Interlocal Agreements i.e. Red Cross. o Provide a duty weapon to all sworn personnel. All Police officers have been provided with a duty weapon. o Replace air compressor and tire changer with added lift. This has been done and will provide a safer work environment and reduce compensation claims. o Replace existing car wash. It s been shipped and should be installed soon. o Order FY 2015 Fleet and prepare for service. All have been ordered and waiting on delivery i.e. concrete mixer cutting the time for road repairs. o Obtain Banner Finance and Accounting Software Training. Has taken place with the benefit of improved efficiency. Goal 3 Own and project a credible organization image that embodies professionalism through compassion inclusivity and pride. The City took part in the Celebrate Duncanville banquet with the Chamber of Commerce and presented the State of the City. o Establish Firm but Fair Code Enforcement practices. Currently have an 82.4% voluntary compliance rate with expectations of increasing. o Maximize Development and Re-development utilizing expertise of a City Planner. A conditional offer has been made to a very qualified and experienced City Planner and hopefully, will be able to make the announcement by the end of the week. o Install City Signage that clearly identifies locations and functions of each facility. City Hall sign has been installed and a way-finding map is being developed. Phase 2 will include additional signage in FY Following suggestion by Mayor Pro Tem Smith, it was confirmed an additional sign will be installed on the opposite wall at City Hall. o Engage Retirees to find appropriate, cost effective insurance on Health Exchange to reduce OPEB balance sheet liabilities. A letter has been sent to retirees notifying them and a reminder will be sent with a survey. May and June will hold group webinar for retirees and during June, July, August, and September individual meetings will be held with each of the 27 retirees. Goal is for them to have their own insurance by October. o Clear the underbrush and thin trees on City owned lot on Venice. Citizens have expressed their appreciation of the work done to date. Plans are to have completed by mid-march. o o o Create a Phone Implementation Committee to develop a world-class phone system. This will greatly improve the phone tree as well as customer service. Scheduled to go live in early March. Expand City s Litter Crew. Has been completed by hiring two additional liter crew employees allowing clean-up of major roadways including Hwy 67. Assess the perceived public image of the Fire Department and seek ways to enhance the delivery of best-value, essential fire service. Instituted performance measures which have improved turn-out time. Improved by 19% over same time last year and STEMI has been cut by one-half. Goal 4 Maximize City and community resources to improve quality of life in a sustainable manner. Executive team toured the City to find opportunities to challenge how we do business. o Develop and execute a plan to preserve character of 40 s and 50 s neighborhoods and maintain best housing values i.e. Urban Land Bank; Neighborhood Vitality Commission to also educate citizens regarding their civic responsibility to maintain housing values. o Develop and execute a plan to establish Duncanville as being the Edutainment Capital of Texas. Installation of an I Dome and to work in conjunction with EON. Created the Duncanville Virtual Reality Innovation Commission which will work with the DCEDC to create incentives to encourage the graduate entrepreneurs to stay in Duncanville. 4

49 o Purchase, program and distribute I-Pads to Council. Completed. The i-pads have decreased the time and materials involved in producing the Agenda Packets. o Implement City Park Patrol Program. The first Park Ranger began on December 9, o Install a Camera System in the Trailer Mounted Surveillance Tower. Has been accomplished and is a deterrent for crime. o Deploy and Implement a Canine Program for the Police Department. Most important features are availability and response time. After further study it was discovered we could receive the service at a reduced cost by entering into an agreement with Cedar Hill to provide the services. o Install/deploy Opticom System to assist Fire Department with traffic lights and improve response time in an emergency. A $396,900 grant was received to assist in paying for the system. o Develop an electronic purchasing and approval process. Purchasing Manager Brunswick Morton has developed the process and conducted the training of personnel. The system o will go live on March 1. Install a permanent generator at the Library / Recreation Center to provide continuity of service to assist in providing critical services in case of emergencies. The generator has been ordered and protocol has been set for installation and maintenance. o Complete various facility improvements identified in FY 2015 Budget. Fieldhouse training equipment and A/C repairs, heater box installation at City Hall, I-Pads for Parks Maintenance, new flooring at the Recreation Center, Fire Station, and Library. o Install variable frequency drive control and Waterview Park Pump House. The pump at Waterview Park irrigates Harrington Park. The new pump will free parks employees from doing frequent repairs as well as increase the longevity of the irrigating system. Expected to be installed in April. o Install weather monitoring station for Emergency Operations Center. Installed and working. Citizens will be able to subscribe and get weather from our own weather station. o Implement EMS Division Chief. Mike Ryan was promoted and is an extraordinary asset. Goal 5 Create ambassadors by owning our customers experiences and exceeding their expectations. o Install a phone system that exceeds all our customers expectations o Obtain training on MyGov Software for Code and Permitting. Has been completed. o Expand hours at the Recreation Center and establish marketing plan. Has been completed. o Install Lightening Prediction System at 6 parks. Implemented on December 17, o Install remote, automated lighting controls on ball fields. Has been started and will completed by the time the season starts. This will assist us in being better neighbors as well as more efficient use of electricity. Following review of the status of the goals, ICM Humble reviewed the 2014 accomplishments including: the City won best decorated both at the 2014 Taste of Duncanville; Partnership with EON Reality; revision of the Agenda and Resolution processes to achieve highest level of transparency; enhanced Champion newsletter; City Council Work Sessions are now televised; developed a five-year rate ordinance for the Utility Fund; held the Juneteenth celebration; Utility Billing customer service improvements; Certificate of Occupancy process available on-line; water meter audit; lien process audit; 911 Ordinance update raising fees collected by $500,000 freeing-up General Fund by same; after hour calls for service response time reduced to 30 minutes or less; electronic citations; developed West Nile protocol; storm debris pick-up; Clark Rd. water tank repainted; DuncanSwitch event every 3 rd Saturday; Council Orientation for Councilmembers Dotson and Rutherford; redesigned budget process with 70 page introduction by ICM Humble; maintained superior water quality rating; designated Tornado Shelter areas 5

50 at City buildings; tennis courts refinished; City, School District, Churches, and Chamber working together; improved Police salaries increasing retention; purchase of body cameras for the Police officers; ADA requirements satisfied; improved employee salaries and benefits making them more competitive; and citizens, staff, and Council are working together. Discussion following including: importance of working together and putting in the necessary effort and time to develop and accomplish goals; Council s leadership; close attention to the direction to the City is going; understanding the necessity of raising the water rates; appreciation for the Staff s time and efforts to accomplish the goals; red light cameras; healing of government from the inside out; importance of efforts and results to be long lasting and leaving things better than when they started; and importance of the City to strive for balance and accomplishing the goals set in the Work Plan. Item No. 8 CITIZENS INPUT Mayor Green read the following statement, At this time, two minute comments will be taken from the audience on any topic. To address the Council, please submit a fully completed request card to the City Secretary prior to the beginning of the Citizens Input portion of the Council meeting. In accordance with the Texas Open Meetings Act, the City Council cannot discuss issues raised or make any decision at this time. Issues may be referred to City Staff for research and possible future action. The following citizens spoke during the Citizens Input period: Pat Ebert, 115 S. Greenstone Spoke regarding litter control, Resolution removing term limits for KDB, and suggested combining Parks and KDB Boards. Darmetreis Kilgore, 4434 Hanover Street, Grand Prairie, TX Spoke regarding adding academics to the Fieldhouse. Dave Galbraith, 203 Brookwood Spoke regarding elections and encouraged Duncanville citizens to vote in the May 9, 2015 elections. CONSENT AGENDA Mayor Green requested the City Secretary read the Consent Agenda Items into record. City Secretary Jones read the following items into record: Item No. 9C Meeting. Consider approval of the Minutes for the February 3, 2015 Regular City Council Item No. 10C Consider approval of a Resolution of the City Council of the City of Duncanville, Texas, authorizing the annual procurement of security guard services with Blue Shield Security Protection, Inc. in the unit amount bid through a Tarrant County Cooperative with an estimated annual expenditure amount of sixty five thousand five hundred dollars ($65,500); authorizing the Interim City Manager to execute the appropriate purchase order and necessary documents; and, providing for an effective date. Item No. 11C Consider approval of a Resolution of the City Council of the City of Duncanville, Texas, authorizing the termination of the three-year term agreement for purchase of water bill printing, mailing and electronic billing services with Postal Pros, Inc. dba Documents Southwest; 6

51 authorizing the Interim City Manager to terminate said agreement and provide the appropriate notice thereof; and, providing for an effective date. Item No. 12C Consider approval of a Resolution of the City Council of the City of Duncanville, Texas, authorizing the annual procurement of water bill printing, mailing, and electronic billing services with DataProse, L.L.C., in the unit amount proposed through a City of Allen Cooperative Purchasing Agreement with an estimated annual expenditure amount of one hundred and twelve thousand six hundred and ninety three dollars ($112,693) as provided in the Specifications and Requirements, General Terms and Conditions as provided in Exhibit A; authorizing the Interim City Manager to execute the necessary documents; and, providing for an effective date. Item No. 13C Consider approval of an Ordinance of the City of Duncanville, Texas, amending the Code of Ordinances by amending Chapter 18 Taxation, by amending Article III, Emergency Telephone Service, Section and Section 18-23, and adopting a new Section titled VOIP Positioning Center Operator Minimum Requirements ; and amending the Master Fee Schedule; providing a repealing clause, providing a severability clause; and providing an effective date. Item No. 14C Consider approval of a Resolution of the City Council of the City of Duncanville, Texas, authorizing the application for an receipt of a FY 2016 grant from the Texas Office of the Governor, Criminal Justice Division, to fund the purchase and installation of a digital fingerprint live scan station for the Police Department; and, authorizing the Interim City Manager/City Manager as the authorized official to execute all documents in regard to the requested funds, which includes the power to apply for, accept, reject, alter or terminate the grant. Once all Agenda Items had been read, Mayor Green called for a motion. Councilman Boyd made a motion, seconded by Mayor Pro Tem Smith, to approve the Consent Agenda Items. The vote was cast 6 for, 0 against. INDIVIDUAL CONSIDERATION Item No. 15 Take any necessary or appropriate action as a result of closed executive sessions. There were no executive sessions. ADJOURNMENT The meeting adjourned at 9:22 p.m. APPROVED: ATTEST: MAYOR CITY SECRETARY 7

52 DUNCANVILLE CITY COUNCIL MEETING MINUTES SPECIAL MEETING THURSDAY, FEBRUARY 19, DRAFT- CALL TO ORDER A special meeting of the Duncanville City Council was called to order on Thursday, February 19, 2015 at 6:31 p.m. in the Council Briefing Room at City Hall with a quorum to wit: David L. Green Mayor Steven Rutherford Councilman, District 2 Stan Smith Mayor Pro Tem, District 3 Ron Dotson District 4 Patrick Harvey Councilman At-Large The following councilmember was absent when the meeting was called to order but joined the meeting in session at the following time: Cliff Boyd Councilman, District 1 6:33 p.m. WORKSHOP Mayor Green announced that due to time constraints of one of the guests that Item No. 2 would be addressed first. Item No. 2 Discuss US 67 Corridor and the Southern Gateway Project. Interim Public Works Director Walter Ragsdale gave a PowerPoint presentation regarding the US 67 Corridor and the Southern Gateway Project including: slow-moving TXDOT project that has been discussed since 2001; vernacular related to the project; history of the project; Comprehensive Development Agreement (CDA) projects vs. Design-Bid-Building projects and effects on both time and cost; current proposed budget which has been reduced greatly and the complex source of funding from other projects and sources; drastic change in ultimate plans/design for the portion of the project running through Duncanville; costs to use the managed lanes and managed lane revenue; need for additional turn lanes at intersections; and the importance for Duncanville to voice its concerns of how the aesthetics i.e. roads, pavement, signs, walls, etc., will look since it will set the stage for the rest of the project. Discussion followed including: change from proposed funding; change in proposed type of lanes which will not allow egress or ingress for drivers in those lanes to exit in Duncanville possibly deterring as many as 8-10 thousand cars a day from exiting in Duncanville; no improvements to the freeway, service roads, or intersections; and proposed TXDOT schedule. Rob Franke, Mayor of Cedar Hill and the Regional Transportation Committee (RTC) representative for this area, was present to discuss and receive input from Council. Items discussed included: CDA s vs Prop 1 projects and risks of each; preference would be to support the CDA as the best possibility of getting the project done; and Gateway is the number one project for Dallas and RTC has their attention. Further discussion included method of funding for the CDA through the managed lanes revenues; and concern about exit points; turn lanes on service roads, lane widening, and access roads. Consideration has been given to joining DART but costs are prohibitive and our Cities would be so far behind their development we would only be a part of their bus routes. He discussed the possibility of several of local

53 cities forming a Local Government Corporation (LGC) that could receive the excess funds from the managed lanes to develop our own mass transit and open ended transportation i.e. rail. It hasn t been taken to RTC as yet but looking at the revenue possibilities. Objective is to try to get this project to the top and get as much for it as possible. Discussion followed including: possibility of more free lanes rather than managed lanes and the obstacles to getting changes made; managed lanes revenue generated as a game changer for the future i.e. rail as a boost for Economic Development; and pros and cons of a private bus company. Grady Smithey, resident of Duncanville and former Councilmember, was given permission to speak regarding the issue. Interim Public Works Director Ragsdale believes that there is little chance for changes or more funding from TXDOT to be available and that we should take advantage of the $50 million promised by TXDOT. Following discussion, Mayor Franke emphasized the necessity for the Best Southwest cities to stay united and that he would continue to discuss the progress with the Council. Item No. 1 Workshop with the City Council of the City of Duncanville, Texas, and PROS Consultant Regarding the Study of the Duncanville Fieldhouse, including the Creation of the Operations and Business Plan. ICM Humble noted that the Council is to approach this from a policy perspective and introduced Parks & Recreation Director Bart Stevenson. Mr. Stevenson introduced Leon Younger of Pros Consulting which has been chosen as the consultants for the study at the Fieldhouse in order to create an operations and business plan as requested by Council. Discussion included: pros and cons of managing the facility inhouse vs. outsourcing; whether the facility can be profitable; quality of life issue; draw for Duncanville; use of vacant lots and multi-use facility to grow; underperforming asset; request for an occupancy report; vision with no limitations and not restricting the consultants; the reality of the contract with the consultants; and possible other uses. Mr. Younger spoke to the Council regarding aspects of the study to include maximum use, what s realistic, maximum capability, case studies, local perspective, allowing other uses, economic impact i.e. value that spins off to rest of community; funds for maintenance and necessity for it to look as good as possible; marketing; economic door for the community, and the first report to be provided to Council in six weeks. Discussion followed including: funding depreciation; leveraging sports tourism; need for determining where we are before moving forward; possible partnership with the Best Southwest Cities to hold larger tournaments; what the Council currently likes about the facility; interest expressed in purchasing by an outside company; and timeline for the study and building of the business plan to be ready for the budget process. ADJOURNMENT The meeting adjourned at 8:18 p.m. APPROVED: MAYOR 2

54 ATTEST: CITY SECRETARY 3

55 STAFF REPORT MEETING DATE: March 3, 2015 AGENDA ITEM: 11C TITLE: Consider approval of a Resolution of the City Council of the City of Duncanville, Texas, exercising the final of two twoyear renewal options for the collection of municipal court delinquent fines, court costs, and fees with McCreary, Veselka, Bragg, & Allen, P.C. in the unit amount proposed as contained in the contract with McCreary, Veselka, Bragg, & Allen, P.C. to receive thirty percent (30%) of fees collected; authorizing the City Manager to provide the appropriate notice of renewal and execute the necessary documents; and, providing for an effective date. STAFF REPRESENTATIVE: Richard Summerlin, C.P.A., C.G.F.O., Finance Director Vicky J. Salmeron, Court Administrator Brunswick O. Morton, Purchasing Manager BACKGROUND/HISTORY: Request for Competitive Sealed Proposals were released in September of 2010 for a one year contract for the collection of municipal court fines and fees. On February 15, 2011, the City Council awarded a one year contract to McCreary, Veselka, Bragg, & Allen, P.C. for the collection of municipal court delinquent fines, court costs, and fees. The contract included a single one-year renewal option. On April 17, 2012 the Duncanville City Council approved a resolution approving the terms and conditions of the first amendment to the contract by adding an additional year to the original term and by replacing the one 1 year renewal option with two two-year renewal options with month-to-month terms thereafter. On April 16, 2013 the Duncanville City Council approved the first two-year renewal option with McCreary, Veselka, Bragg, and Allen, P.C. Attorneys at Law. On August 20, 2013, the Duncanville City Council approved a second amendment to the contract adding a clause that allows other governmental entities utilizing Inter-Governmental Contracts to be elgible to utilize this contract. The exiting two-year renewal option expires this May 17, There is one final two-year renewal option available on this contract and staff is recommending its execution at this time. The contract requires written notice of extension to be provided to McCreary, Veselka, Bragg, & Allen, P.C. not less than 60 days prior to the last day of the Extended Term or Renewal Term. POLICY EXPLANATION: The Municipal Court is responsible for the adjudication of Class C Misdemeanor violations pursuant to State Law and City Ordinances. The Duncanville Municipal Court issued approximately 7,832 warrants in FY14. Of these cases, the Duncanville Municipal Court collected collection fees on 1,282 cases. The average warrant fine including collection fee is $354. The City is projected to receive an estimated $326,400 this year for these revenues and is projected to remit an estimated $97,920 to the City s current collections provider McCreary, Veselka, Bragg, & Allen, P.C. The services include, but are not limited to: deployment of a software and technology package that maintains and tracks defendants outstanding court cases including person s name, identifiers, and last known addresses and other pertinent information; initiate contact with defendants having outstanding amounts owed; work with City to conduct Warrant Round-Ups or other programs requested; utilization of computerized skip tracing technology to assist in the location of outstanding debtors; maintenance of on-line status reporting system to display ongoing status of collection efforts;

56 verification of violations for financial responsibility (insurance requirement) and provide a full service call center and customer service center to answer questions related to payments outstanding and to take payments. The Contractor is be paid according to the statutorily authorized rate as articulated in Article 103 of the Texas Code of Criminal Procedure at a rate of 30% of fees collected. FUNDING SOURCE: Pursuant to Article 103 of the Texas Code of Criminal Procedure, the statutorily authorized rate is 30% of fees collected, which is included in the total amount paid by defendants. RECOMMENDATION: Staff recommends approval of a Resolution of the City Council of the City of Duncanville, Texas, exercising the final of two two-year renewal options for the collection of municipal court delinquent fines, court costs, and fees with McCreary, Veselka, Bragg, & Allen, P.C. in the unit amount proposed as contained in the contract with McCreary, Veselka, Bragg, & Allen, P.C. to receive thirty percent (30%) of fees collected; authorizing the City Manager to provide the appropriate notice of renewal and execute the necessary documents; and, providing for an effective date. RESOLUTION A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUNCANVILLE, TEXAS, EXERCISING THE FINAL OF TWO TWO-YEAR RENEWAL OPTIONS FOR THE COLLECTION OF MUNICIPAL COURT DELINQUENT FINES, COURT COSTS, AND FEES WITH MCCREARY, VESELKA, BRAGG, & ALLEN, P.C. IN THE UNIT AMOUNT PROPOSED AS CONTAINED IN THE CONTRACT WITH MCCREARY, VESELKA, BRAGG, & ALLEN, P.C. TO RECEIVE THIRTY PERCENT (30%) OF FEES COLLECTED; AUTHORIZING THE CITY MANAGER TO PROVIDE THE APPROPRIATE NOTICE OF RENEWAL AND EXECUTE THE NECESSARY DOCUMENTS; AND, PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, it is desired to provide collection services for municipal court delinquent fines, court costs, and fees for the City of Duncanville Municipal Court; and WHEREAS, competitive sealed proposals were obtained per RFCSP# 10-26; and agree; WHEREAS, the term of the contract is two-years with two two-year renewal options if both parties mutually WHEREAS, the first two-year renewal term of the contract has been performed satisfactorily; and WHEREAS, the contractor and City staff have expressed interest to exercise the final of two two-year renewal options; the initial term and the first two-year renewal term of the contract has been performed satisfactorily; and WHEREAS, the City Council of the City of Duncanville, Texas desires to exercise the final of two two-year renewal options for collection of municipal court delinquent fines, court costs, and fees. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUNCANVILLE, TEXAS: Section 1: That the City Council of the City of Duncanville does hereby approve the exercise of the final of two two-year renewal options for the collection of municipal court delinquent fines, court costs, and fees with McCreary, Veselka, Bragg, & Allen, P.C. in the unit amount proposed as contained in the contract with McCreary, Veselka, Bragg, & Allen, P.C. to receive thirty percent (30%) of fees collected.

57 Section 2: That the City Council of the City of Duncanville hereby authorizes the City Manager, or his designee, to provide the appropriate notice of renewal and execute the appropriate and necessary documents. Section 3: This resolution shall become effective immediately upon its passage. ATTACHMENTS: Attachment 1 - Renewal Letter Signed Attachment 2 - Original Proposal Evaluation Tabulation Attachment 3 - Final Contract Executed with McCreary, Veselka, Bragg, & Allen, P.C. Attachment 4 - Resolution

58 ATTACHMENT 1 DUNCANVILLE The Perfect Blend of Family, Community and Business. February 11, 2015 Mr. Gilbert T. Bragg MCCREARY, VESLEKA, BRAGG, & ALLEN, P.C. 700 Jeffrey Way Suite 100 Round Rock, TX FINANCE DEPARTMENT P.O. Box Duncanville, TX THIS LETTER WAS DISTRIBUTED VIA - Steve.Whigham(a)mvbalaw.com] Re: RFCSP# 10-26; TWO YEAR CONTRACT FOR COLLECTION OF MUNICIPAL COURT DELINQUENT FINES, CORT COURTCOSTS, AND FEES FINAL TWO-YEAR RENEWAL OPTION Dear Mr. Bragg: The above reference contract's first of two two-year renewal terms will expire May 17, This contract includes 1 remaining two-year renewal option. City staff is very satisfied with your firm's work and expresses an interest in executing the final two-year renewal option under the same terms and conditions. If you are interested in exercising the final two-year renewal option under the same terms and conditions, please compete, sign and return to me, by at bmorton@ci.duncanville.tx.us or by fax at , as soon as possible after receipt of this letter. Should you have any questions, please contact me at Sincerely, Brunswick 0. Morton A//1/y Purchasing Manager Signed/Accepted l')4f ate Printed Name and Title &/G/ '.CT T X,C4-4 fib /s' Duncanville (my changotais

59 ATTACHMENT 2 CITY OF DUNCANVILLE COLLECTION OF MUNICIPAL COURT DELINQUENT FINES, COURT COSTS, AND FEES RFCSP EVALUATION NAME OF COMPANY COLLECTION CONTRACTOR VENDOR PROCEDURES - QUALIFICATIONS -QUESTIONNAIRE - MAX. 20 MAX. 20 POINTS MAX. 15 POINTS POINTS COMPUTER NETWORK - MAX. 30 POINTS MANAGEMENT REPORTS - MAX. 10 POINTS OTHER SERVICES - MAX. 5 POINTS TOTAL-MAX. 100 POINTS McCreary Veselka Bragg & Allen Linebarger Goggan Blair and Sampson LLP MSB Government Services American Municipal Services /3/2010

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