policies

Constable Pct5 Website Policies

Precinct Five's website use policy and Travis County website privacy policy

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Website Privacy Policy

The Office of Constable Carlos B. Lopez, Constable of Precinct Five in Travis County, Texas ("Constable 5") maintains this website to provide information and service to the public. In order to operate this website, we collect certain information about use of the site. We also allow users to send e-mail and submit other information to Constable 5. The purpose of this privacy policy is to let you know what information is collected, why it’s collected, how it’s used, and the extent to which the information may be disclosed to third parties.
What information does the website collect and how do we use the information?
The website does not collect any personally identifiable information from you without your knowledge. We only collect personally identifiable information if you choose to identify yourself by sending us an e-mail or submitting other information to Constable 5. The only personally identifiable information we collect in those instances is the information that you voluntarily submit. This site does not send "cookies" to your computer, nor does it place or read any "third-party cookies" on your computer.
When you visit this website to browse or download information or link to another website, our server will collect a small amount of basic information in log files that enables us to identify operational problems and correct them. The information collected includes your browser type (e.g., Mozilla Firefox, Microsoft Internet Explorer), your operating system (e.g., Microsoft Windows, Mac OS, Linux), and your IP address (a unique number assigned to a computer when the computer accesses the Internet). Constable 5 personally monitors this information to ensure that the website is available for access to all users and to identify unauthorized attempts to use or alter or otherwise damage the website.
Will we share any personally identifiable information with other people or agencies?
We collect personally identifiable information from you only if you voluntarily choose to send us an e-mail or submit other information to Constable 5. If you choose to send us an e-mail, we will use the information that you submit to respond to your inquiry or request. If you choose to submit other information by filling out a form that is on the Constable 5 website, we will use the information for the purpose specified in the form. We may share the information that you submit with other governmental agencies, if doing so will assist us in responding to your inquiry or submission.
We will not otherwise disclose any information that you submit, unless we are required to do so by law. E-mails and other information that you send become public records when submitted to Constable 5. In some circumstances, Constable 5 may be required to disclose the information in response to a public records request. In other limited circumstances, Constable 5 may have a statutory obligation to disclose information that you provide or may be ordered to do so by a court of law.
Do I have a choice whether personally identifiable information is collected?
This website only collects personally identifiable information if you voluntarily choose to identify yourself by sending us an e-mail or other information. You are free to choose not to send us an e-mail or other information, if you do not want Constable 5 to receive personally identifiable information from you.
Can I review personally identifiable information pertaining to me that may be in Constable 5 records?
The Public Records Law gives you the right, with limited exceptions, to inspect any record containing personally identifiable information pertaining to you. You may submit a request to:

Public Records Custodian
Travis County, Texas
PO BOX 1748
Austin, Texas 78767
How secure is the information that I send to Constable 5 through this website?
Any personally identifiable information obtained by or through this website is maintained on separate servers at Constable 5, protected from public access via the Internet. It is only available to the public, in any form, when appropriate for release pursuant to the Texas Public Records Act.
What Privacy Policy applies when I link from the Constable 5 website to another site?
The Constable 5 privacy policy applies only when you are on the Constable 5 website. When you link from the Constable 5 website to another website, the Constable 5 privacy policy no longer applies; you are subject to the privacy policy of the other site.
What if this Policy changes?
Constable 5 will not implement any change to this privacy policy without first posting the changes on this website at least thirty (30) days in advance of making the change (unless otherwise required by law). If a change to this privacy policy is implemented, any information collected prior to the change will continue to be covered by this current policy (unless otherwise required by law).
Who can I contact if I have questions or concerns about this Policy?
Please contact the Webmaster of the site or write:
Webmaster
Travis County Constable, Pct. Five
POB 1748
Austin, Texas 78767

[email protected]

I. PURPOSE
The purpose of the policy is to reaffirm the Travis County Constable, Precinct Five’s commitment to unbiased policing in all its encounters between officer and any person; to reinforce procedures that serve to ensure public confidence and mutual trust through the provision of services in a fair and equitable fashion; and to protect our officers from unwarranted accusations of misconduct when they act within the dictates of departmental policy and the law.
II. POLICY
It is the policy of this department to police in a proactive manner and, to aggressively investigate suspected violations of law. Officers shall actively enforce state and federal laws in a responsible and professional manner, without regard to race, ethnicity or national origin. Officers are strictly prohibited from engaging in racial profiling as defined in this policy. This policy shall be applicable to all persons, whether drivers, passengers or pedestrians.

Officers shall conduct themselves in a dignified and respectful manner at all times when dealing with the public. Two of the fundamental rights guaranteed by both the United States and Texas constitutions are equal protection under the law and freedom from unreasonable searches and seizures by government agents. The right of all persons to be treated equally and to be free from unreasonable searches and seizures must be respected. Racial profiling is an unacceptable patrol tactic and will not be condoned.

This policy shall not preclude officers from offering assistance, such as upon observing a substance leaking from a vehicle, a flat tire, or someone who appears to be ill, lost or confused. Nor does this policy prohibit stopping someone suspected of a crime based upon observed actions and/or information received about the person or other lawful reasons for the law enforcement action.
III. DEFINITIONS
Racial Profiling - A law enforcement-initiated action based on an individual’s race, ethnicity, or national origin rather than on the individual’s behavior or on information identifying the individual as having engaged in criminal activity.

Racial profiling pertains to persons who are viewed as suspects or potential suspects of criminal behavior. The term is not relevant as it pertains to witnesses, complainants or other citizen contacts.

The prohibition against racial profiling does not preclude the use of race, ethnicity or national origin as factors in a detention decision. Race, ethnicity or national origin may be legitimate factors in a detention decision when used as part of an actual description of a specific suspect for whom an officer is searching. Detaining an individual and conducting an inquiry into that person’s activities simply because of that individual’s race, ethnicity or national origin are racial profiling. Examples of racial profiling include but are not limited to the following:

1. Citing a driver who is speeding in a stream of traffic where most other drivers are speeding because of the cited driver’s race, ethnicity or national origin.

2. Detaining the driver of a vehicle based on the determination that a person of that race, ethnicity or national origin is unlikely to own or possess that specific make or model of vehicle.

3. Detaining an individual based upon the determination that a person of that race, ethnicity or national origin does not belong in a specific part of town or a specific place.

A law enforcement agency can derive at two principles from the adoption of this definition of racial profiling:

1. Police may not use racial or ethnic stereotypes as factors in selecting whom to stop and search, while police may use race in conjunction with other known factors of the suspect.

2. Law enforcement officers may not use racial or ethnic stereotypes as factors in selecting whom to stop and search. Racial profiling is not relevant as it pertains to witnesses, etc.

Race or Ethnicity – Of a particular decent, including Caucasian, African, Hispanic, Asian, or Native American.

Pedestrian Stop – An interaction between a peace officer and an individual who is being detained for the purpose of a criminal investigation in which the individual is not under arrest.

Traffic Stop – A peace officer who stops a motor vehicle for an alleged violation of a law or ordinance regulating traffic.
IV. TRAINING
Officers are responsible to adhere to all Texas Commission on Law Enforcement Officer Standards and Education (TCLEOSE) training.

All officers shall complete a TCLEOSE training and education program on racial profiling not later than the second anniversary of the date the officer is licensed under Chapter 1701 of the Texas Occupations Code or the date the officer applies for an intermediate proficiency certificate, whichever date is earlier. A person who on September 1, 2001, held a TCLEOSE intermediate proficiency certificate, or who had held a peace officer license issued by TCLEOSE for at least two years, shall complete a TCLEOSE training and education program on racial profiling not later than September 1, 2003.
V. COMPLAINT INVESTIGATION
1. The department shall accept complaints from any person who believes he or she has been stopped or searched based on racial, ethnic or national origin profiling. No person shall be discouraged, intimidated or coerced from filing a complaint, nor discriminated against because he or she filed such a complaint.

2. Any employee who receives an allegation of racial profiling, including the officer who initiated the stop, shall record the person’s name, address and telephone number, and forward the complaint through the appropriate channel or direct the individual(s). Any employee contacted shall provide to that person a copy of a complaint form or the department process for filing a complaint. All employees will report any allegation of racial profiling to their superior before the end of their shift.

3. Investigation of a complaint shall be conducted in a thorough and timely manner. All complaints will be acknowledged in writing to the initiator who will receive disposition regarding said complaint within a reasonable period of time. The investigation shall be reduced to writing and any reviewer’s comments or conclusions shall be filed with the chief. When applicable, findings and/or suggestions for disciplinary action, retraining, or changes in policy shall be filed with the chief.

4. If a racial profiling complaint is sustained against an officer, it will result in appropriate corrective and/or disciplinary action, up to and including termination.

5. If there is a departmental video or audio recording of the events upon which a complaint of racial profiling is based, upon commencement of an investigation by this department into the complaint and written request of the officer made the subject of the complaint, this department shall promptly provide a copy of the recording to that officer.
VI. PUBLIC EDUCATION
This department will inform the public of its policy against racial profiling and the complaint process. Methods that may be utilized to inform the public are the news media, radio, service or civic presentations, the Internet, as well as governing board meetings. Additionally, information will be made available as appropriate in languages other than English.
VII. CITATION DATA COLLECTION & REPORTING
An officer is required to collect information relating to traffic stops in which a citation is issued. On the citation officers must include:

1. the violators race or ethnicity;

2. whether a search was conducted;

3. was the search consensual; and

4. arrest for this cited violation or any other violation.

By March of each year, the department shall submit a report to their governing board that includes the information gathered by the citations. The report will include:

1. a breakdown of citations by race or ethnicity;

2. number of citations that resulted in a search;

3. number of searches that were consensual; and

4. number of citations that resulted in custodial arrest for this cited violation or any other violation.

Not later than March 1st of each year, this department shall submit a report to our governing body containing this information from the preceding calendar year.
VIII. USE OF VIDEO AND AUDIO EQUIPMENT
In the event that audio and video equipment is installed, each motor vehicle regularly used by this department to make traffic and pedestrian stops will be equipped with a video camera and transmitter-activated equipment; and

Each traffic and pedestrian stop made by an officer of this department that is capable of being recorded by video and audio, or audio, as appropriate, is recorded.

This department shall retain the video and audio tapes, or the audio tape of each traffic and pedestrian stop for at least ninety (90) days after the date of the stop. If a complaint is filed with this department alleging that one of our officers has engaged in racial profiling with respect to a traffic or pedestrian stop, this department shall retain the video and audio tapes, or the audio tape of the stop until final disposition of the complaint.

Supervisors will ensure officers of this department are recording their traffic and pedestrian stops. A recording of each officer will be reviewed at least once every ninety (90) days.

*If the equipment used to record audio and/or video of traffic or pedestrian stops is malfunctioning or otherwise not operable, the officer making the stop may properly record and report the information as required in Section IX.
IX. COLLECTION AND REPORTING INFORMATION GATHERED FROM TRAFFIC AND PEDESTRIAN STOPS
An officer who stops a motor vehicle for an alleged violation of a law or ordinance regulating traffic, or who stops a pedestrian for any suspected offense, shall record and report the following information:

1. A physical description of each person detained as a result of the stop, including:

a) The person’s gender;

b) The person’s race or ethnicity, as stated by the person or as determined by the officer to the best of his/her ability.

2. The street address or approximate location of the stop. The suspected offense or the traffic law or ordinance alleged to have been violated.

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 probable cause to search existed and, if so, the fact(s) supporting the existence of that probable cause.

5. Whether any contraband was discovered in the course of the search and, if so, the type of contraband discovered.

6. Whether the officer made an arrest as a result of the stop and/or search, and, if so, a statement of the offense charged.

7. Whether the officer issued a warning or a citation as a result of the stop and, if so, a statement of the offense charged.

This department shall compile and analyze the information contained in these individual reports. Not later than March 1st of each year, this department shall submit a report to our governing body containing the information compiled from the preceding calendar year in a manner they approve. This report will include:

1. A comparative analysis of the information contained in the individual reports in order to:

a) Determine the prevalence of racial profiling by officers in this department; and

b) Examine the disposition of traffic and pedestrian stops made by this department’s officers, including searches resulting from stops.

2. Information relating to each complaint filed with this department alleging racial profiling.

This report will not include identifying information about a peace officer who makes a stop or about an individual who is stopped or arrested by a peace officer.