COMMISSION ON RACIAL AND ETHNIC FAIRNESS
CRIMINAL AND JUVENILE JUSTICE SYSTEM
Hosted by the Utah Bar Association
Law & Justice Center
Salt Lake City, Utah
Wednesday, August 27, 2003
Keith Hamilton, Chairing Meeting
Sheriff Brad Slater
Scott Carver for Mike Chabries
Judge Tyrone Medley
| STAFF PRESENT:
| MEMBERS ABSENT:
Judge William Thorne
Cmsnr Bob Flowers
John T. Nielsen
| GUESTS PRESENT:
Mike Haddon, CCJJ
Larry Houston, Advisory Council
Lunch was served. Special thanks to the Bar Association for sponsoring lunch. Minutes from the Commission April and this August meeting will be reviewed at our October 1 meeting.
2. Advisory Council Update (Carolina Webber)
* The Advisory Council and communities' concerns on House Bill 101 were addressed. There as been many questions/ confusion within the communities as to the purpose and intent of the Racial Profiling Law. At the Aug 19th Advisory Council it was suggested that a "fact sheet" about the profiling law be made for distribution through the State Ethnic Affairs Offices and other agencies.
* Carolina made a formal motion for the "Commission to create a fact sheet about the Racial Profiling Law, to be distributed to communities." The motion was seconded by Scott Carver and approved unanimously.
* David Biggs had mentioned that there will be Racial Profiling Symposium on September 5 and that he and Ed McConkie would be participating on the panel discussion.
* Judge Medley raised the question of what could be done across the population as a whole to raise awareness on the profiling law. He stated that though the fact sheet was a good start, it should not be the last effort made by the Commission on this issue.
* Joan Smith raised additional concerns from the Advisory Council meeting. It had been mentioned that some DMV offices may be actively telling citizens that they do not have to fill out their racial data.
* Ed McConkie stated that CCJJ should not participate in creating the fact sheet for reasons of objectivity.
* Larry Houston introduces himself as co-chair for the executive committee of the Advisory Council. He described the executive committee and stated that they will be making more of a presence and looks forward to working with the Commission.
* Larry also addressed the Advisory Council's concerns about the lack of resources being given to the Commission to function effectively.
* It was suggested by the Advisory Council and subcommittee that each Commission agency create a fact sheet about their organization to be distributed at the subcommittee town hearings. The fact sheets should include relevant contact information. Due to time the Operations Committee will address the fact sheet issue at their next meeting. Ideally agencies should have a fact sheet prepared by the Sept 24th public hearing.
3. Subcommittee Update
3a. Community Involvement (Carolina Webber)
* An update on the Ogden town meeting, held July 29, was given (a full summary of the town meeting is available for those interested). Carolina also thanked Michael Zimmerman, Diane Hamilton, and Judge Thorne for facilitating at the meeting.
* A piece of positive feedback that came from the meetings was that the complaints process might have improved. One citizen said it was relatively easy for her to file her complaint.
* Carolina has been working with a community member on her complaint with law enforcement. The community member has written a personal statement about her incident and it has been forwarded to Sheriff Slater and the Complaints Process subcommittee. Keith and Leticia will work with the Complaints subcommittee on this issue and do follow up work.
* Larry announced the next public hearing:
Calvary Baptist Church (1090 South State Street)
Sept 24, 2003
* It was reported that our goal to create a reciprocal exchange of information had been achieved at our Ogden town meeting. The importance of having our commission members present at each town meeting was also stressed.
* Joan Smith volunteered to help with the media coordination
* Jah-Juin Ho will be creating a complaints form for those individuals that do not wish to speak at the hearing but want their issues addressed.
3b. Complaints Process (Keith Hamilton)
* The complaints subcommittee is in the process of creating a model complaint form.
* Sid Groll reported that POST has collected complaint forms from departments across the country and that those forms could be used to draw a model complaint form for law enforcement agencies. The challenge will be to move from law enforcement to the entire justice system.
3c. Indigent Defense
* The subcommittee has nothing to report at this time.
3d. Outreach/ Recruitment (Sheriff Slater)
* A panel discussion has been held. The information gathered from the panel as well as Ogden public hearing will be incorporated into the Weber County Sheriff's recruitment plan.
3e. Research (Ed McConkie)
* Some research projects that are currently being worked on are as follows:
- Task Force Research Recommendation 1, CCJJ has contracted with the University of Utah for a complex Cost/ Benefit model to measure criminal justice programs.
- Racial Profiling Law
- Bootstrapping studying, available at www.justice.utah.gov
- Legal representation of minorities
- Jury pool improvement
* There are some studies have no status at this time, including Task Force Research Recommendation 9 (establishment of an Indigent Defense Review Council).
* Ed encouraged members to review the research as each study is costly to produce.
4. Brown v. Board of Education- 50th anniversary celebration (John Adams)
* The Utah State Bar will be hosting a Brown v. Board of Education celebration in May 2004 and has invited the Commission and Commission agencies to participate in this event.
* It was noted that this would not only be a good outreach opportunity but that it would also give the Commission publicity.
* The first planning meeting for the celebration will be on Sept 9 at noon. Interested individuals should contact John Adams.
5. Annual Report Discussion (Judge Medley)
* It was discussed that the annual report should contain critical analysis of agency progress
i.e.- what has work and what hasn't, what has been done and what will be done.
* Last year's annual report was a self-report by agencies. This year the report needs to have a critical analysis aspect.
* A letter will be sent out to Commission agencies within the next few weeks describing to them what is expected of them.
John Adams noted that this letter should describe the mechanism for analysis
* It was also reported that due to staffing changes as well as the addition of a critical analysis component, the annual report would probably not be ready by our January 2004 deadline. The tentative release date was projected to be no later than March 2004. Keith made a motion to "postpone the release of our annual report," and it was seconded and passed unanimously.
* There was also discussion of an interim announcement or publication.
Dan Maldonado suggested that a pre-publication summary could be released
Due to the time constraints, the Operations Committee will look into options.
6. CCJJ Update on the Racial Profiling Law and Preliminary Data (Mike Haddon)
* A brief background on the law was given. DPS is required to collect the data elements. It was noted that though it is not relevant, officers are required to provide their race.
* The preliminary data (Jan- June 2003) is very poor. Salt Lake City, Salt Lake County, and Weber County are currently not reporting the race of their officers. This is due to incompatibilities within systems. By late 2003- early 2004 this problem should be corrected however.
* Of the 1.3 million driver license lookups
50% of the data is missing the purpose that an individual was stopped
60% of the data is missing the race of the officer
60% of the data is missing the race of the person stopped. This is the key element being studied and the high percentage of people not reporting is not good.
* DPS will be cracking down and will not allow license lookup until info is input.
* National research groups suggests that in order to do profiling research nine to ten data elements are needed, including: location of stop, type of violation, reason for stop, was a citation or warning given, search, what was the authority for search.
* CCJJ only has the race of the person stopped to work with
* Paul Boyden asked if we had enough information about the needed data elements to draft a bill.
* Mike noted that the reason law enforcement signed on was because of the minimal effort needed on their part. The needed elements would require officers to input nine to ten additional points per stop.
* Ed noted that though the data is poor there are other methods to reaching the end goal of examining whether or not racial profiling occurs. This includes surveys. Another option would be to concede that the research will not yield any conclusive answers and begin work on a treatment to profiling.
* As a time issue, the Operations Committee will look into this issue further and provide a recommendation to the Commission.
7. Request for Proposals (RFPs)- (Dan Maldonado)
* A brief description of RFPs was given. It is the intent of the DMC to have the Commission and member agencies support RFPs with a culturally sensitive component.
* Dan would provide the Commission and Operations Committee with more information.
8. Next Meeting
* The next Commission meeting will be WEDNESDAY OCTOBER 1, 2003. A specific location and meeting reminder will be sent two weeks prior to the meeting. The meeting date was changed from our September 24 date to accommodate law enforcement conferences.
* Our October meeting is scheduled for WEDNESDAY OCTOBER 29, 2003. Members should plan on returning to our schedule of meeting on the 4th Wed of every month.
9. Action Items
NOTE: Ed McConkie and David Biggs will be discussing the Racial Profiling Law at the University of Utah on Sept 5, 2003.