Osceola County: Fair & Impartial Policing Policy

• This order outlines the Osceola County Sheriff's Office policy on fair and impartial policing
• Order Number: 106.0
• Effective Date: 03/30/21
• The policy aims to prevent biased policing and adheres to F.S.S. 30.15, which mandates an anti-discriminatory profiling policy
• The Sheriff's Office is charged with protecting the rights of all individuals fairly and impartially

Policy Details

• Protected characteristics include race, sex, age, color, religion, gender identity/expression, sexual orientation, ethnicity, national origin, disability, economic or familial status, HIV status, homelessness, immigration status, language ability, mental illness, political ideology, social or veteran status
• Law enforcement actions should be fair, consistent, and courteous to promote a positive public attitude
• Discretion is crucial in law enforcement; members must be observant, identify violations, and act accordingly
• Training, common sense, and sound judgement should guide discretion in evaluating the seriousness of violations
• The policy intends to assist members in respecting the dignity of all persons encountering law enforcement
• Enforcement actions based solely on protected characteristics are illegal and violate the Fourteenth Amendment, also alienating the community and undermining legitimate efforts

Prohibited Actions

• Detentions, enforcement actions, traffic stops, field contacts, arrests, searches, seizures, and asset/forfeiture efforts must be based on law and facts alone
• Biased policing is strictly prohibited

Definitions

• Administrative Review: A documented review of incidents to determine if policy, training, equipment, or disciplinary issues exist
• Biased Policing: Selecting individuals for law enforcement action based solely on a trait common to a group (race, sex, age, religion, gender identity/expression, sexual orientation, ethnicity, national origin, disability, economic or familial status, HIV status, homelessness, immigration status, language ability, mental illness, political ideology, social or veteran status)
• Law Enforcement Action: Activities by Sheriff's Office personnel related to their employment, oath of office, state statute, or county ordinance (traffic stops, field contacts, detentions, arrests, investigations, asset seizure and general law enforcement contact)
• Reasonable Suspicion: More than a hunch, based on articulable facts and circumstances warranting a person to believe a law violation is, has been, or is about to be committed, and this can be based on observation, training, experience and/or reliable information

Required Actions

• Agency members should use the following measures to prevent creating the perception of bias
• Be professional and polite
• Introduce yourself and explain the reason for contact unless it compromises the investigation or safety.
• Limit investigative or vehicle stops to a reasonable length
• Explain any delays to the person being stopped/detained
• Answer any questions
• Provide name and identification number when requested.
• Explain and apologize for errors if reasonable suspicion is dispelled

Citizen Encounters

• All encounters must follow state/federal laws and Sheriff's Office policies, like those on detainment, arrest, search, and traffic law enforcement
• Motorists, once cited or warned, cannot be detained without further reasonable suspicion, nor can searches occur without a warrant or consent.
• Physical descriptions, race, color, gender, ethnicity, national origin, physical handicap, sexual orientation, or religion should not be the sole basis for arrests or stops.

Complaints of Biased Policing

• Individuals can file complaints with the Sheriff's Office if they feel that they have been subjected to enforcement action based on these characteristics
• No one should be discouraged, or coerced from filing a complaint, or discriminated against because they have filed a complaint
• Agency members must notify a Supervisor immediately if they are involved in a complaint

Complaint Review Process

• The Supervisor reviews all biased policing complaints
• The Supervisor completes an Initial Complaint/Final Disposition Form and forwards it through the chain of command to the Internal Affairs Unit
• Internal Affairs conducts an investigation if the complaint has merit
• Copies are sent to the Quality Assurance and Accreditation Unit, and a letter is sent to the member and complainant

Additional Actions

• Internal Affairs conducts an annual review of traffic stop data, considering sector demographics
• Advisory information on biased policing is published on the agency website

Training and Reporting

• Training is provided to enforcement members in compliance with CJSTC standards
• Members must report incidents of biased policing to a Supervisor
• Failure to report allegations of Biased Policing is itself, misconduct.

Outlines the Osceola County Sheriff's Office policy on fair and impartial policing (Order 106.0). It seeks to prevent biased policing, adhering to F.S.S. 30.15. The policy ensures fair, consistent, and courteous law enforcement actions, protecting individual rights.