Policy Resolution LJE-15-43

WHEREAS, numerous incidents, and subsequent demonstrations across the country, sparked by the deaths of Eric Garner in New York, Michael Brown in Missouri, and Tamir Rice in Ohio, illustrate the frustration and tension that exists between police and the African American community;

WHEREAS, all Americans are constitutionally guaranteed equal protection under the law;

WHEREAS, the persistence of racial profiling, institutional racism, and police brutality violate the fundamentals of equal protection;

WHEREAS, the economic, judicial, and social disadvantages experienced by African Americans, in particular, are well documented;

WHEREAS, the militarization of law enforcement agencies instills a greater sense of fear among the very communities they are sworn to protect;

WHEREAS, the U.S. Department of Defense established the 1033 program, which provides surplus military equipment, such as mine-resistant ambush-protected (MRAP) vehicles, armored troop carriers, and grenade launchers to local police departments, preferentially for the purpose of counter-drug and counterterrorism efforts;

WHEREAS, state and local law enforcement agencies play an important role in combatting terrorism and drug trafficking threats;

WHEREAS, the U.S. Government Accountability Office (GAO) found that the 1033 program lacked proper oversight to prevent waste, fraud, and abuse within the program;

WHEREAS, the 1033 program has received recent attention due to military-grade weaponry being used against protestors lawfully assembling;

WHEREAS, President Barack Obama has called for a review of the 1033 program, including its methods and structure;

WHEREAS, the St. Petersburg Police Department in Florida recently began a program called “Park, Walk, and Talk” in which officers must log one hour per week walking a neighborhood and talking to people they encounter;

WHEREAS, the City of Oakland has successfully implemented a program called “Ceasefire” that engages members of the community, police, clergy, and community leaders in a partnership to end violence;

WHEREAS, Congress has introduced the National End Racial Profiling Act that aims to ban racial profiling at all levels of government, provides for data collection and monitoring, enhance training; and offer sanctions and remedies for violations of the law; and

WHEREAS, the U.S. Department of Justice recently released new profiling guidelines to reduce biased law enforcement practices, for use by federal law enforcement agencies, and state and local law enforcement agencies participating in federal law enforcement task forces.

THEREFORE BE IT RESOLVED, the National Black Caucus of State Legislators (NBCSL) applauds the work of the U.S. Department of Justice (DOJ) to expand the Federal Racial Profiling Guidance and further urges DOJ to continue to work with federal, state, and local enforcement to eliminate racial profiling in the United States;

BE IT FURTHER RESOLVED, NBCSL calls on states to establish protocols for independent, timely, quality, and thorough investigations for all cases involving police shootings, deaths in custody, and/or excessive uses of force to ensure that any potential criminal, civil, or administrative violations by law enforcement may be effectively determined;

BE IT FURTHER RESOLVED, that NBCSL encourages all states to work with stakeholders to develop culturally competent law enforcement practices;

BE IT FURTHER RESOLVED, NBCSL supports training for law enforcement personnel that encourages and prioritizes non-lethal public safety tactics, and methods to deescalate, rather than provoke, potentially volatile situations;

BE IT FURTHER RESOLVED, NBCSL calls on states and localities to develop and support community policing initiatives that respectfully engage the communities they serve;

BE IT FURTHER RESOLVED, NBCSL encourages DOJ, when appropriate, to conduct investigations into alleged civil rights abuses by law enforcement;

BE IT FURTHER RESOLVED, NBCSL calls on the U.S. Congress to pass the National End Racial Profiling Act; and

BE IT FINALLY RESOLVED, that a copy of this resolution be transmitted to the President of the United States, the Vice president of the United States, members of the United States Congress, and other federal and state government officials as appropriate.

• SPONSORS: Representative Karla May (MO) and Representative Clem Smith (MO)
• Committee of Jurisdiction: Law, Justice, and Ethics Policy Committee
• Certified by Committee Chair: Representative Reginald Meeks (KY)
• Ratified in Plenary Session: Ratification Date is December 12, 2014
• Ratification is certified by: Representative Joe Armstrong (TN), President