Durham City Manager racial bias report: Consent search forms in, officer psych evaluations out

Tuesday, August 19, 2014
Durham's City Manager responds to police complaints
The Durham City Manager's long awaited response to alleged racism within the police department has been released.

DURHAM (WTVD) -- The controversial issues of racial profiling and racial bias have both Durham City leaders and several advocacy groups somewhat silent as both sides review a 131-page report from the City Manager. The document was quietly released Monday night on the City of Durham's website.

Click here to read his response.

From psychiatric evaluations for officers to prohibiting officers from disabling their dash camera video recorders, City Manager Tom Bonfield personally reviewed 34 recommendations made by the city's Human Relations Commission in May.

Bonfield also responded to 10 recommendations made by the Civilian Police Review Board.

Several advocacy groups including the NAACP and the Southern Coalition for Social Justice have claimed racial bias and racial profiling exists among Durham officers. The group Fostering Alternative Drug Enforcement known as F.A.D.E. has also raised concerns for low-level drug offenses, calling for a Misdemeanor Marijuana Diversion program.

Click here to read the full report (.pdf)

According to the report, some of the Durham Police Department is already implementing some of the commission's recommendations. Others will require city council or state legislature approval.

Bonfield's report said written consent search forms would be required for consent searches of "premises and all investigative encounters." Police officers would also be required to document their vehicle stops by recording either audio or video along with either written or verbal consent.

However, the report makes one exception in regards to vehicle stops, saying "officers will continue to be allowed to use discretion in accepting verbal consent."

That caveat has drawn criticism from some advocacy groups who allege Durham officers stop a disproportionate number of minority drivers. They want the city to implement an across-the-board mandatory written consent-to-search policy.

"The policy changes relating to home and premises searches are positive developments but they will not impact most citizen-police interactions, which occur in the context of vehicle stops," offered F.A.D.E in a written statement.

The report primarily focuses on consent searches. Bonfield sought feedback from other cities, including Fayetteville, NC and Dallas, TX.

A few recommendations did not get the City Manager's endorsement, specifically requiring all Durham officers to undergo psychiatric evaluations. Bonfield's report included the department's current policy on that issue.

He also disagreed with calls to prohibit officers from disabling their recording devices. The Human Relations Commission recommended officers record video and audio of their entire shift. Bonfield's report said that would be neither cost effective nor efficient.

However, the report revealed Durham Police are now saving officer video for 180 days. That was one of the commission's recommendations.

The city manager continues to support current police practices when it comes to marijuana arrests. He points to a published report that suggests Durham is well below the national average. Instead, Bonfield recommends an analysis of an 18-month period where blacks in Durham accounted for 85-percent of misdemeanor marijuana arrests. Advocacy groups say that will do very little to address what they believe are significant racial disparities in marijuana arrests.

Durham Mayor Bill Bell said he would like to hear from the public following Bonfield's formal discussion of his report at the city work session on Thursday.

"This is the first time the Council is collectively hearing from the City Manager, " said Bell, explaining why he wants to be carefully review the report before making a decision. "I don't want to do it in a vacuum. I want to give people the chance to be heard."

A spokesperson for Durham City Manager Tom Bonfield says he will speak publicly about his response on Thursday.

The advocacy groups that raised the concerns will hold a news conference on Thursday.

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