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Appellate Court Orders City To Stop Racial Profiling Study
By: Dieter C.
Dammeier
Lackie & Dammeier LLP
In a published decision,
the California Court of Appeal in a case filed by the Claremont Police
Officers Association, has ordered the City of Claremont to discontinue its
unilaterally implemented racial profiling study.
In July of 2002, the Claremont Police Department initiated a
policy in which police officers were required to document on every traffic
stop, the age group, gender, race or ethnicity, officers perception of the
driver’s race before the stop, reason for the stop, driver’s city of
residence, duration of the stop and numerous other identifying data. The
Claremont Police Officers Association, through their counsel, Lackie &
Dammeier, requested a meet and confer with the City over the affects of
the racial profiling study. The City refused to meet and confer, claiming
it was a management right. The POA sought a Writ of Mandate in the
Superior Court to compel the City to meet and confer prior to implementing
the racial profiling study. The Superior Court denied the Writ, holding
that a racial profiling study was a management prerogative.
Dieter
Dammeier and Michael A. Morguess of Lackie & Dammeier LLP filed an appeal
of this decision to the Court of Appeal. The Court of Appeal reversed the
Superior Court’s decision, holding that the “policy significantly affects
officers’ working conditions, particularly their job security and freedom
from disciplinary action, their prospects for promotion, and the officers
relations with the public.” The Court concluded that racial profiling
studies are in fact a term of condition of employment which require a meet
and confer with the applicable bargaining unit pursuant to the Myers-Milas
Brown Act. The Court’s final disposition was to “order the City to revoke
its decision to implement the vehicle stop policy and comply with its
obligation under the Myers-Milas Brown Act.”
In recent years, racial profiling studies have commenced
throughout the state at various agencies. The Claremont Police Officers
Association should be applauded for challenging this issue and devoting
resources to accomplishing this significant victory for law enforcement
statewide. This published decision will no doubt provide other police
associations the ability to avoid or stop all together racial profiling
studies by their employers. |
