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The Montgomery County police department has no history of racism.  In fact, in November 1999 they were awarded the Civil Rights Award in Law Enforcement by the International Chiefs of Police Association.

DOJ's Quota Enforcer, Bill Lann Lee. The U.S. DOJ investigated Montgomery County Police for 3 years and found no evidence of racial discrimination within the department, nor in their treatment of citizens. Nonetheless, the U.S. Department of Justice has forced Montgomery County Police to perform "good" racial profiling on each and every resident stopped for a traffic violation. Department of Racial Injustice
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Police to Record Motorists' Race (07/26/00)

          "Montgomery police officers are being trained to use hand-held computers designed to record the race, sex and age of all motorists stopped in the county, officials announced yesterday."

          Police Chief Charles Moose said that all patrol officers will be given a hand held computer with which to record the motorists' racial data.  The computers cost the county $373,000.  Originally, the County was to also install video camcorders in hundreds of squad cars just to make sure the officers don't make any "mistakes" when logging a motorist's skin color.  The installation of the camcorders has been delayed while the department addresses privacy concerns and resolves potential violations of the Maryland wiretapping statutes which may have resulted from recording video and audio of citizens without their permission.  [See Also:  Charles Moose and the Profiling Puzzle, below.]

          "The new tracking system -- part of an agreement that settled a three-year federal civil rights probe of the department -- is scheduled to begin Sept. 1 [2000].

          "Although the Justice Department probe -- prompted by more than 300 [unsubstantiated] reports of alleged police brutality forwarded by the local NAACP chapter -- found no evidence of brutality, an analysis of data showed county officers issued 21 percent of all traffic tickets to African Americans, although they account for less than 15 percent of the county's population. [Emphasis added.]

          The new racial-data system will record the skin color of all motorists stopped for any reason, whether they are issued a ticket or not, according to the Post.

          As part of the DOJ's intrusion into the operation of this local police department, police officers will also be required to attend so-called diversity training, apparently to make sure the officers know the difference between black and white (and yellow and brown and red).

          All of the race-recording equipment and diversity training of the officers is supposed to "help alleviate the perception of racial bias among officers" according to Montgomery County NAACP President Linda M. Plummer [emphasis added].  However, neither the Washington Post nor Ms. Plummer addressed the major role that the NAACP itself has played in creating exactly that negative perception.  

          The Institute of Law and Justice has been hired to analyze the racial profiling data.  The Institute has performed numerous other consulting jobs for the Department of Justice, as well as for Chief Moose's previous employer, the city of Portland, Oregon.

(Based on the Washington Post story, 07/26/00, page B05, By Steven Gray)
[link http://www.washingtonpost.com/wp-dyn/articles/A45859-2000Jul26.html ]


Privacy concerns put camera plans on shelf (08/04/00 - no link available)

Police union asks who will have access -- Big Brother won't be hitching a ride any time soon with Montgomery County police.

          "The U.S. DOJ wanted Montgomery County Police to install video cameras in all patrol cars as part of an agreement which forces police to record the racial identity of all citizens stopped for traffic infractions. But the video camera plan has been put on hold by the police union citing legal concerns.

          The Gazette reports that "County officials had hoped to install video cameras on 110 police vehicles as part of a pilot project that was expected to be under way by April or May. But the $624,000 project has been placed on pause until the county can edit out concerns raised by the local police union.

          "I'm not saying the problems can't be worked out, but it's going to take some time," said Walter Bader, president of the Fraternal Order of Police, Lodge 35, which represents most of the county's 1,032 officers.

          "Among the union's concerns, he said, is who will have access to the videotapes once they are removed from the cars and stored by the police department.

          "For example, Bader said, it was conceivable that divorce attorneys would demand copies of videotaped traffic stops to determine whether their client's husband or wife was in the company of another woman or man.  "These tapes could be a divorce attorney's dream," he said.

          "[Bader] said another concern is that officers could inadvertently violate Maryland's wiretapping law by recording a conversation without consent.  "State law allows officers to videotape traffic stops, but not use audio,"  Bader said. "A violation of the law is a felony."  (Montgomery County Gazette 08/04/00 by Mark Celender)
[no link available]


Chief Charles Moose:  How He Fits Montgomery's Profiling Puzzle
Analysis
07/26/00

          It is no secret here in Montgomery County that Chief Moose was hired in large part to appease the NAACP and the U.S. Department of Justice. 

          Competent Moose may be.  Educated he may be.  But black he definitely is.   And black did not hurt his chances of getting hired.  Moose is also a long time friend of DOJ and its divisive racial data collection policies.

          During the 1999 search for a new police chief, the Montgomery County Council was terrified of the NAACP allegations of police bias (very bad press), and they were equally terrified of 3 years of ongoing harassment from the U.S. DOJ (who found no evidence of racial bias in the department). 

          Montgomery County Executive, Doug Duncan, who is a politically ambitious liberal democrat who has his eye on the governor's mansion, particularly felt pressure to hire a racial minority as chief of police.

          Then, in walked Charles A. Moose, a black 45 year old professional law enforcement officer who had already been thoroughly vetted by the NAACP and by the very liberal U.S. DOJ.  The county council, also dominated by liberal democrats, was quick to hire Moose at a starting salary of $125,000.  It didn't hurt that Moose's press kit prominently reveals he is a long-time advocate of diversity training for police.

          Moose's connections with the liberal, pro-diversity Department of Justice are myriad and are long standing:  While serving in Portland, Oregon Moose served on numerous panels and committees with colleagues from and for the U.S. Department of Justice. 

          Last summer -- during Moose's wooing of the Montgomery Council -- he was invited by none other than Attorney General Janet Reno her own bad self to be a featured guest speaker on a law enforcement panel.   That certainly didn't hurt his job prospects with the liberal county council who were desperate to appease the NAACP.

          Writing about Moose's new Montgomery job, the Washington Post wrote that he "...is a national leader in trying to stop the use of racial profiling by police."  (Washington Post, June 9, 1999).   A cynical person might infer that Moose believes that he can use good racial profiling to combat bad racial profiling in Montgomery.  The NAACP was a very, very enthusiastic supporter of Moose during Montgomery's vetting of the new chief.

          Last summer, Moose was also quoted as saying "We don't need a lot of research and data to prove whether there's race-based policing.  If people think it's a problem, then we need to work on it."  (Washington Post, June 5, 1999. Emphasis added.)  In this Moose seems to directly echo the perceptions philosophy espoused by Ms. Plummer of the Montgomery NAACP.

          Moose has also served on the Civil Rights Committee of the International Association of Chiefs of Police.  As it turns out, the IACP just happened to award the Montgomery police a civil rights award in the fall of 1999, just after Moose's hiring.  As we said, he is very well connected.

          Police Chief Mary Ann Viverette served on the Charles A. Moose interview panel in 1999.  Ms. Viverette is chief of a local Montgomery department.  The Post quoted Ms. Viverette as saying:   "Obviously, relations with the NAACP have been strained for a while.  It seemed the NAACP was on one side and the police department was on the other, and there was a communication barrier. I thought maybe an outsider could open up the communication and reduce those barriers a bit."  (Washington Post, May 29, 1999)  Viverette didn't neet to add that being a black outsider really helped.

-- Tim Fay, Editor, 07/26/00

Montgomery County Police Department Receives International Chiefs of Police Civil Rights Award (11-12-99)

          "On Wednesday, November 3, 1999 the Montgomery County Department of Police was presented the Civil Rights Award in Law Enforcement by the International Chiefs of Police Association. The ceremony took place in North Carolina where the annual IACP conference was held.

          "The IACP Civil Rights Award is “bestowed upon the law enforcement organization and /or individual who demonstrates exemplary performance in the investigation and/or prevention of civil rights crimes, the enforcement of civil rights statutes, and educational efforts regarding civil rights issues.” The Montgomery County police department provided documentation that highlights current educational programs on cultural diversity, anti-hate crimes and the Montgomery County anti-violence hate crime tipster fund. The review committee commented, “Your agency’s dedication and commitment to the ideals of professional law enforcement, cognizant of its responsibility to be responsive to the community you serve, provided the basis for this decision.”

          "The award was received by Major Alan Rodbell, Chief Field Services Bureau and Major Joseph Price, Chief, Management Services Bureau who represented the men and women of the Montgomery County Department of Police at the IACP annual conference."  (Montgomery County Police Web Site,
11/12/99)
[link http://www.co.mo.md.us/services/police/media/pressrelease/IACP.htm ]


Blacks Commit More Traffic Violations than Whites in Montgomery County, MD (12/03/99)

          After 3 expensive years of investigating the practices of the Montgomery County, Maryland police department, the U.S. Department of Justice was unable to find any evidence that the police discriminated against any racial or ethnic group.  However, the DOJ used their infamous disparate impact doctrine to assert that the fact that 21% of traffic violations in the county were committed by protected minorities, when protected minorities only comprise 12% of the county population, constituted prima facie evidence of racial discrimination.

          DOJ personnel have been strangely silent when asked whether so-called protected minorities may have really committed a disproportionate number of traffic violations.  DOJ personnel continue to refuse Adversity.Net's requests for the data from their 3 year study.

          The liberal Washington Post published an article on December 3, 1999 about the DOJ study.  That story bore the inflammatory and misleading headline "Montgomery Police Ticket Blacks at Higher Rate" -- because that was the only superficial finding that the DOJ could hold against Montgomery County.

          The Washington Post story reported, in part:  "A three-year civil rights review by the U.S. Department of Justice has concluded that Montgomery County police did not use excessive force in a series of cases involving minorities but did give a disproportionate number of traffic tickets to African Americans.

          "Black motorists receive an estimated 21 percent of traffic tickets issued by county police, even though African Americans account for 12 percent of the population, according to a review by investigators from the Justice Department's civil rights division.  [Nowhere in the course of DOJ's 3 year investigation into the Montgomery County Police Department did DOJ officials offer evidence that 21% of traffic violations in the county were NOT committed by so-called racial minorities.  Thus, DOJ investigators did not ever dispute the possibility that 21% of all traffic violations in the county were legitimately committed by protected minorities.]

          "The federal probe began three years ago in response to [unsubstantiated and undocumented] complaints of racial harassment by county police [filed mostly by the county chapter of the NAACP].

          "But three sources familiar with the review said the disparity in issuing traffic tickets was the most significant conclusion among more than a dozen delivered to county officials by the Justice Department at a meeting in October.

          "Montgomery officials have agreed to comply with several Justice Department recommendations, hoping to avert a federal lawsuit and end a review that County Executive Douglas M. Duncan (D) says cast a "dark cloud" over the department.

          "Two sources familiar with the findings, announced to Montgomery officials by Assistant Attorney General Bill Lann Lee, said the review cleared the department of most of the allegations lodged against it. The investigators found no evidence of a policy--"written or unwritten" in the words of one source--that encouraged racial discrimination by officers or specific acts by officers that amounted to civil rights violations.

          "Sources familiar with the findings said the Justice Department raised questions about more than a dozen incidents in which Montgomery police pulled over African American drivers for questioning primarily because a witness to a crime had described the suspect as black.  [Wait a minute!  How is it racially discriminatory when a witness to a crime describes the suspect as black?]

          "But sources familiar with the talks said that if Justice Department officials decide to sue the county, the decision would be based primarily on the finding that a disproportionate number of African Americans receive tickets during traffic stops.

          "Montgomery officials have worried that the additional data could be used to distort the record of officers who work in neighborhoods with a high proportion of minority residents.

          "Furthermore, sources familiar with the findings say Justice Department investigators did not filter out those tickets issued to black motorists as a result of radar stops or accidents, possibly inflating the figure with citations where race may have no influence on the officer's decision.

          The Washington Post reports that one county official familiar with the negotiations between DOJ and Montomery County said:  "We can't believe the Justice Department wants us to stop issuing tickets to people who break the law simply because we bump up against a racial or ethnic cap."  (Based on the Washington Post story published Dec. 3, 1999 on Page A01, by Scott Wilson)
[link http://washingtonpost.com/wp-srv/WPlate/1999-12/03/185l-120399-idx.html ]
NOTE:  Link is probably no longer available; users will have to pay to retrieve the original story from the Washington Post.


U.S. DOJ Press Release (01/14/00)

          [In this DOJ press release, the quota-friendly DOJ trumpets it's ability to intimidate Montgomery County, Maryland into accepting DOJ's demands that they perform "good" racial profiling.   Nowhere in this press release does DOJ ever state that they found evidence of racial discrimination within the Montgomery County police department.  Significantly, DOJ avoids using the dreaded term "racial profiling" in this press release, BUT the DOJ does refer to "race-based traffic stops".  I don't know about you, but to me the phrase "race-based traffic stop" sounds like a pretty good definition of "racial profiling".  DOJ really wants you to believe that the MCPD engaged in racial profiling without actually saying it, and without offering any proof.   Editor.]

FOR IMMEDIATE RELEASE
FRIDAY, JANUARY 14, 2000

(202) 616-2777

WWW.USDOJ.GOV
http://www.usdoj.gov/opa/pr/2000/January/024cr.htm

TDD (202) 514-1888

MONTGOMERY COUNTY, MARYLAND, SETTLES CIVIL RIGHTS INVESTIGATION WITH THE JUSTICE DEPARTMENT

WASHINGTON, D.C. -- "The Montgomery County Police Department (MCPD) will implement new and enhanced policies and procedures to ensure nondiscrimination in the way they provide police services, under an agreement reached today between Montgomery County, Maryland, the MCPD, the Montgomery County chapter of the Fraternal Order of Police (FOP), and the Justice Department.

          "The agreement, which must first be ratified by the FOP membership, resolves a complaint filed with the Justice Department by the Montgomery County chapter of the NAACP alleging that Montgomery County police officers engaged in racially discriminatory treatment of African Americans, including, harassment, race-based traffic stops, failure to adequately investigate and monitor discrimination complaints filed by citizens, and use of excessive force. Today's agreement establishes enhanced guidelines for traffic enforcement, documentation of traffic stops, public outreach and public reporting, complaint procedures, supervision, and training for police officers and their supervisors.

          "Today's agreement will result in better policing for Montgomery County," said Bill Lann Lee, Acting Assistant Attorney General for Civil Rights. "I commend the county, the MCPD, and the FOP for their willingness to work together with us to resolve this matter."

          "The Justice Department's investigation, which began in December 1996, was conducted under Title VI of the Civil Rights Act of 1964 and the Omnibus Crime Control and Safe Streets Act of 1968. These statutes prohibit law enforcement agencies that receive federal funds from discriminating against minorities while conducting their law enforcement activities.

          "This agreement is really groundbreaking. We've come to the negotiations from different perspectives - Montgomery County, the Department of Justice Civil Rights Division, the Fraternal Order of Police and the United States Attorney's Office for the District of Maryland - and reached an agreement that serves the interests of all the citizens of Montgomery County," added Lynne Battaglia, U.S. Attorney in Maryland.

          "As a result of the agreement, the County and the MCPD will:

  • Ensure that officers do not consider race or ethnicity when making traffic stops and initiating any post-stop actions, except in limited circumstances when an individual is identified in part by his or her race or ethnicity;
  • Document all traffic stops by recording the driver's race, ethnic origin, and gender, the reason for the stop and the nature of any post-stop actions;
  • Review computerized reports on stops and post-stop actions and take positive corrective measures, such as training or counseling, where appropriate;
  • Implement a new computer system to track all complaints and investigations;
  • Fully investigate and resolve complaint allegations in a timely and fair manner;
  • Establish a community outreach program with the FOP that will explain the duties and responsibilities of officers, dangers of the job, and methods for filing complaints or compliments;
  • Hire an expert to review and evaluate the current training program, and provide new and increased training for officers and supervisors; and,
  • Issue semiannual public reports providing traffic stop statistics by race and summary information on complaint investigations.

          "In addition, the parties will select an independent consultant to review and report on the county's implementation of, and assist with the county's compliance with, the agreement. The consultant will issue regular reports to the county, the police department, the FOP, and the Justice Department."  (US DOJ Press Release 01/24/00)
[link http://www.usdoj.gov/opa/pr/2000/January/024cr.htm ]


END Montgomery County NEWS Articles.


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