CITY OF PACIFICA
COUNCIL AGENDA SUMMARY REPORT
3/27/2023
1 SUBJECT:
Pacifica Police Department's First Annual RIPA Report
RECOMMENDED ACTION:
Receive the Pacifica Police Department's first annual Racial and Identity Profiling Act (RIPA) Report.
STAFF CONTACT:
Chris Clements, Police Captain, Acting Chief of Police
650-738-7314
[email protected]
Bill Glasgo, Police Captain
650-738-7314
[email protected]
BACKGROUND/DISCUSSION:
On April 25, 2022, staff presented to City Council a Pacifica Police Department Annual Report with information on the newly implemented Racial Identify and Profiling Act (RIPA) requirements. The Pacifica Police Department was required to begin collecting and submitting this data to the California Department of Justice for stops conducted in calendar year 2022, with the first reporting date due in April of 2023.
Background on the Racial Identity and Profiling Act (RIPA) In 2015, Assembly Bill 953 was passed, creating certain data collection and submission responsibilities for California law enforcement agencies. The Bill requires each state and local agency that employs peace officers to annually report to the California Department of Justice, Office of the Attorney General, data on all stops, as defined, conducted by the agency’s peace officers, and require that data to include specified information. The required reporting timeline is based on the size of the law enforcement agency. As is the case with other San Mateo County agencies, the first reporting date to the Department of Justice for the Pacifica Police Department is April 23, 2023, to include data collected for calendar year 2022. Beginning in January 2022, the Pacifica Police Department began reporting to the Department of Justice, well ahead of the legal mandate.
Pacifica Police Department staff spent the majority of 2021 preparing to meet the requirements of RIPA data reporting. This process involved the purchase of upgrades to the Police Department records management system, training of personnel, and extensive testing to assure required data is being captured, processed, and transmitted to the Department of Justice. Final testing of the program was conducted in the final quarter of 2021. This testing involved assuring officers were entering the proper data after each stop, that supervisors were able to view and approve the data entered in the records management system, and Records personnel were able to review data and successfully transmit to the Department of Justice. The final portion of Pacifica City Council 2
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the testing was to assure the Department of Justice agreed that the data submitted met the requirements provided by AB 953. While RIPA data collection has increased the workload of staff, particularly Records personnel, the Department has been successful in implementing this important program.
RIPA data is required to be collected by an officer during any stop. “Stop” means (1) any detention by a peace officer of a person; or (2) any peace officer interaction with a person, in which the peace officer conducts a search, including a consensual search, of the person’s body or property in the person’s possession or control. A “detention,” means a seizure of a person by an officer that results from physical restraint, unequivocal verbal commands, or words or conduct by an officer that would result in a reasonable person believing that he or she is not free to leave or otherwise disregard the officer.
The following data is required to be collected on each “stop:” • Perceived age, race, gender, disabilities of the person stopped • Date, time, and location of the stop
• Reason for the stop
• Actions taken during the stop
• Search information
• Evidence found
• Property seized
• Result of the stop
While there are only (8) items listed above, each item has sub-categories that must be addressed by officers. Each stop requires 21-35 questions to be answered, with at a maximum, up to 125 data points for the officer to consider and determine if applicable to report.
Police Department staff currently reports required data to the Department of Justice at least twice a month, well ahead of the April 2023 legal requirement. This also allows staff to identify any errors in the reporting processes, and address small errors before they become larger issues.
The next phase of the Pacifica Police Department RIPA data collection program involved taking raw data reported to the Department of Justice (all categories listed above) and compiling an easy to read and understandable format that can be presented to the community using the Police Department website. Our staff worked in collaboration with several other police agencies in San Mateo County to develop this report format. The data will be posted quarterly, beginning with the data for the second quarter of 2022. Links will be provided on the police department website for the community to view each quarterly report, with an annual report posted at the beginning of the following year. While not required by law, the quarterly posting of RIPA data will serve to increase transparency.
This report includes data for the 2022 calendar year, related to the perceived race and gender of persons stopped, perceived age, and if the officer perceives a disability. The report will also indicate the reason for a stop, actions taken by the officer during a stop, and result of the stop, using the Department of Justice definitions for these actions.
A common question asked about RIPA Data is how it compares to racial demographics from the U.S. Census. However, this is not a simple comparison. In order to make this comparison, it would require all stops conducted to only involve persons residing within Pacifica. It would seem obvious that our officers will not only be contacting Pacifica residents during their shifts, but also interacting with visitors to Pacifica and commuters traveling through the city. Additionally, RIPA reporting requirements do not require officers to obtain addresses from all persons stopped, nor Pacifica City Council 3
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would it be legal for an officer to require this information from a person stopped in all instances.
For example, if a person is stopped for a vehicle code violation and the officer elects to verbally warn the person for the violation rather than issue a citation, no address would be collected. The data below reflects the perceived race, as defined by the RIPA definitions, for all stops for 2022.
White: 45%
Black or African American: 7%
Native American: 1%
Asian: 26%
Pacific Islander: 2%
Hispanic or Latino: 26%
Middle Eastern or South Asian: 5%
According to the United States Census website (www.census.gov), the racial demographics related to Pacifica are as follows:
White alone: 58.8%
Black or African American alone: 2.6%
American Indian and Alaska Native alone: 0.9%
Asian alone: 21.3%
Native Hawaiian and Other Pacific Islander alone: 1.1%
Two or More Races: 10.2%
Hispanic or Latino: 18.6%
White alone, not Hispanic or Latino: 51.6%
Given the above data, while RIPA data collection does not provide a perfect opportunity for analysis, it does provide the opportunity to determine if there are large discrepancies in the Census versus stop data comparisons, as well as significant changing trends as time progresses that could indicate a bias issue. Additionally, this data has proven to be valuable in understanding how the department may be perceived by the community regarding bias-free policing, providing opportunity for continued discussions with department staff related to bias, and as a tool for Police Department Command Staff to identify potential bias issues. It is understood that all persons have biases, and the goal of bias-free law enforcement efforts at the Pacifica Police Department has been to spark self-reflection by officers regarding potential unconscious bias, for officers to be aware of their decisions and what factors are influencing their decisions while serving the community.
A police department cannot be effective without the trust of the community. Staff will continue to seek opportunities to provide effective, innovative training for officers related to de-escalation, bias, and social justice issues. This RIPA report is the first presentation of stop data in this format, and the result of years of work by our staff to comply with requirements under RIPA. It continues to be a work in progress as we strive to use this as another platform to demonstrate transparency and to increase the trust within our community.
RELATION TO CITY COUNCIL GOALS AND WORK PLAN:
Continued staff work in the areas addressed in this report resonate with City Council Goals of Goals of An Engaged Community, Healthy and Compassionate Community, and Maintaining a Safe Community.
FISCAL IMPACT:
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There is no fiscal impact to receiving this report.
ORIGINATED BY:
Police
ATTACHMENT LIST:
Stop Data Yearly Report 2022 DRAFT (PDF)