§ 4-A. Duties with Respect to Racial Profiling  

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  • (a) Racial profiling shall mean the detention, interdiction or other disparate treatment of an individual using the racial or ethnic status of such individual as a factor, other than in the case of a physical description.

    No member of the police force shall engage in racial profiling. The detention of an individual based on any noncriminal factor or combination of noncriminal factors is inconsistent with this subsection. Except for purposes of a suspect physical description, race or ethnicity of an individual shall not be a factor in determining the existence of probable cause to take into custody or to arrest an individual or constitute a reasonable and articulable suspicion that an offense has been or is being committed so as to otherwise justify the detention of an individual or the investigatory stop of a motor vehicle.

    Any member of the police force who engages in racial profiling shall be subject to disciplinary action, in accordance with applicable civil service law, up to and including dismissal.

    (b) Commencing on April 8, 2001, the Police Department shall, using the form developed and promulgated pursuant to subsection (c) hereof, record and retain the following information for all motor vehicle stops: (1) the number of vehicle occupants; (2) characteristics of race, color, ethnicity, gender and age of such persons, provided the identification of such characteristics shall be based on the observation and perception of the police officer responsible for reporting the stop and the information shall not be required to be provided by the person stopped; (3) the nature of the stop; (4) the location of the stop; (5) if an arrest was made, the misdemeanor or crime charged; (6) if a search was conducted, whether the individual consented to the search, the probable cause for the search, whether the individual's property was searched, and the duration of the search; (7) whether any contraband was discovered in the course of the search and the type of any contraband discovered; and (8) any additional information that the Chief of Police deems appropriate.

    (c) The Chief of Police, with the assistance of any other persons deemed appropriate, shall develop and promulgate a form, in both printed and electronic format, to be used by police officers when making a traffic stop to record information pursuant to subsection (b) hereof.

    (d) The City of Cincinnati shall develop an RFP to contract with a university or agency to provide an independent analysis of the information collected pursuant to subsection (b) and oversee the quality of the data collection process. In evaluating the proposals received, the following criteria shall be included for consideration: (1) degree of objectivity; (2) degree of community input; (3) cost; (4) thoroughness of analysis; and (5) experience. The service contract shall provide for a preliminary analysis of the information collected during the first six months of the contract within thirty days.

    (e) The City Manager shall pursue such funding as may be available to support the implementation of this ordinance from available public, non-profit, and private sources.

    (Amended by Ord. No. 299-1979, eff. Aug. 4, 1979; r. Ord. No. 418-2001, eff. Jan. 18, 2002; reordained by Ord. No. 249-2002, eff. June 26, 2002)