WHEREAS, the United States Department of Justice modified its guidelines for the equitable sharing of federally forfeited funds with state and local law enforcement agencies in March of 1994; and

WHEREAS, one of the provisions contained in that modification, Section X(A)(3), permitted, for the first time, a state or local agency, which had received shared funds, the option of passing through up to 15% of those funds to other governmental departments or agencies, which in turn could transfer any such money to private, non-profit community organization to be used for certain purposes; and

WHEREAS, this provision caused great concern among administrators of state and local law enforcement agencies, feeling that they would be under undue and unnecessary political and special interest community groups pressure to choose between competing programs; and

WHEREAS, the staff of the Department of Justice, in an attempt to resolve the concerns of these administrators proposed two alternative positions-“the permissible use recommendation” or the “cash transfer recommendation” and sought the preference of IACP, as well as other law enforcement groups; and WHEREAS, the IACP Executive Committee, after thoughtful debate at its meeting in Phoenix, Arizona, on February 10, 1996, voted to indicate that the preference of the IACP was the “permissible use recommendation” to replace the 15% permissible pass0through and to express this view through appropriate communications; and WHEREAS, this action of the Executive Committee should be ratified by the general membership; now, therefore, be it RESOLVED, that the International Association of Chiefs of Police (IACP), duly assembled at its 103rd annual conference in Phoenix, Arizona, hereby ratifies the actions of the Executive Committee in expressing the preference of the “permissible use recommendation” over the “cash transfer recommendation” to replace the 15% permissible pass-through.

WHEREAS, the citizens of the United States of America continue to be victimized by the devastation brought about by illicit drug trafficking; and

WHEREAS, the primary purpose of forfeiture is law enforcement; and

WHEREAS, the focus of forfeiture is the removal of the financial incentive to commit drug trafficking offenses through the effective and fair application of drug forfeiture laws by confiscating the instrumentalities of and proceeds earned from drug trafficking; and

WHEREAS, seized property is shared with state and local law enforcement agencies which contribute to the underlying criminal investigations, thereby not only depriving criminals of their illicit gains, but obligating the return of the assets or proceeds therefrom to law enforcement to employ in the fight against crime thereby strengthening investigations and prosecutions; and

WHEREAS, several states have unilaterally enacted legislation restricting the utilization of federal forfeiture of assets seized by state officers; and

WHEREAS, several states have mandated that the forfeited proceeds realized from state forfeiture actions be dedicated to purposes other than law enforcement; now, therefore, be it

RESOLVED, that the International Association of Chiefs of Policy duly assembled at its 108th Annual Conference in Toronto, Canada, strongly urges that state and local law enforcement agencies oppose state legislative limitations on the federal equitable sharing program; and be it

FURTHER RESOLVED, that the International Association of Chiefs of Police encourages state and local law enforcement agencies to participate in the federal forfeiture and equitable sharing program consistent with their respective state legislation; and be it

FURTHER RESOLVED, that the International Association of Chiefs of Police, in an effort to ensure honesty, integrity and accountability in the asset forfeiture program, reaffirms that all state and local law enforcement agencies should adopt and implement the National Code of Professional Conduct for Asset Forfeiture.

WHEREAS, bias-free policing is a critical cornerstone for upholding professional ethics in law enforcement, is vitally important to strengthening public trust and confidence in our actions and responsibilities, and is an essential element in maintaining community support for tolerance and understanding of our actions as we perform our responsibilities as law enforcement officials; and

WHEREAS, the overwhelming majority of law enforcement officers perform their duty in an ethical and impartial manner free from bias. Law enforcement is expected to steadfastly protect the human and civil rights of its citizens, uphold law and order, protect people and property, respond to emergency situations and calls of assistance, all the while maintaining public trust and confidence; and

WHEREAS, biased policing is defined as an act, intentional or unintentional, that is the basis of police action that inappropriately distinguishes people by race, ethnicity, gender, sexual orientation, religious beliefs, age, or socio-economic status; and

WHEREAS, public trust and confidence can be easily destroyed if we let biased decision making control police behavior or to serve as a short cut in performing law enforcement duties; and

WHEREAS, hiring policies and practices are critical components in maintaining bias-free policing. A thorough and complete investigation of all candidates should be consistently conducted to find qualified candidates with indicators in their background that display traits of bias-free attitudes and an understanding of public service; and

WHEREAS, law enforcement training should be values-based with emphasis on ethics, respect, service, diversity, integrity, conflict resolution, courtesy, and communication within the cultural context of the community. Training is the responsibility of all instructors, supervisors, managers and administrators. Education in cultural and ethnic diversity should be emphasized throughout a law enforcement officer’s career; and

WHEREAS, law enforcement should develop systems of accountability that hold all personnel at each level of the organization responsible for their conduct related to biased policing; and

WHEREAS, the IACP recognizes that establishing agency accountability and taking appropriate corrective action when needed is a primary responsibility of the law enforcement chief executive; and

WHEREAS, when a community has expressed a concern and/or perception that bias policing is present, it is important for law enforcement to respond in a timely and meaningful way. Data collection and an objective analysis of data are important tools in understanding crime patterns and deployment of resources. Objective analysis of data can aid in understanding the nature and extent of biased policing which can also be used for accountability, future training and supervision; now, therefore, be it

RESOLVED, every law enforcement chief executive should review hiring eligibility requirements to ensure those standards are free of bias and do not exclude otherwise eligible candidates. Law enforcement agencies should develop a testing and evaluating component for potential recruits to identify any bias regarding race, gender, religious beliefs, sexual orientation, age or socio-economic status; and be it

FURTHER RESOLVED, that the IACP hereby commits its resources, energies and influence at all government levels to enhance trust and confidence between law enforcement agencies and the communities they serve; and be it

FURTHER RESOLVED, that the IACP will educate and advise law enforcement agencies on constructive methods of eliminating prejudicial practices which erode the public trust and confidence in law enforcement; and be it

FURTHER RESOLVED, that the IACP is committed to the belief that discrimination, biased policing, and racism have no place in law enforcement.

Law enforcement in the United States at many times serves as the foundation of a free democracy. Law enforcement tasks are meant to enforce the laws and directives assigned to it by our governing elected officials using the U.S. Constitution and Bill of Rights as a guide. Our country is made of an immigrant cross-cultured population that requires a diverse law enforcement force to relate, communicate, understand and respect our divergent population.

WHEREAS, the International Association of Chiefs of Police supports diversity within law enforcement organizations in a continued attempt at committing to the people within the borders of out country a law enforcement force made up from the people they serve. Policing in our country requires a bonding of trust between citizens and their law enforcement officers, and that trust is amplified and can be shown through a diverse work force; and

WHEREAS, a diverse law enforcement agency makes a good law enforcement agency better, it also allows for better decision making and allows trust to be built, which is the foundation for the communities which law enforcement serves. A diverse law enforcement agency must also maintain a canon of ethics, quality hiring standards, training, proper disciplinary systems to be effective and useful; and

WHEREAS, diversity within law enforcement agencies means a cultural mix of employees who reflect the gender and ethnic population of our country. Law enforcement also has a responsibility to the citizens they serve to ensure that standards of hiring and employment are high, a diverse work force must be able to answer to those same standards; and

WHEREAS, a diverse law enforcement agency can, within its own membership, develop diversity training and improve conduct, and performance standards to successfully allow any person within the agency, regardless of culture, to deal effectively with all aspects of the population they serve; now, therefore, be it

RESOLVED, that the International Association of Chiefs of Police (IACP), duly assembled at its 103rd annual conference in Phoenix, Arizona, pledges that law enforcement set an example for all society to develop a diverse work force that mirrors the society we serve, and be it

FURTHER RESOLVED, that IACP recognizes the difficulty in hiring, training, retraining, and promoting a diverse work force and will lend its offices to support efforts in developing a diverse work force; and be it

FURTHER RESOLVED, that IACP calls upon law enforcement executives to lead by example in developing policies and procedures to assist law enforcement in continuing the development of a diverse work force.

WHEREAS, on April 23, 1990, the President signed into law the Hate Crime Statistics Act hereafter referred to as the Act, which directs the Attorney General to acquire data about crimes which manifest evidence of prejudice based on race, religion, sexual orientation, or ethnicity; and

WHEREAS, the International Association of Chiefs of Police (IACP passed a resolution on October 28, 1992, endorsing the Uniform Crime Reporting Programs approach to implementing the Act and encouraging its membership to participate in its collection process; and

WHEREAS, the FBI compiles and disseminates annual Hate Crime data in its most recent report of 1994 documenting a total of 5,932 hate crime incidents, from approximately 7,356 police departments in 43 states and the District of Columbia; and

WHEREAS, data submitted to the FBI indicated that law enforcement authorities covering more than 40% of the United States population did not participate in the Act in 1994; and

WHEREAS, the IACP expects full compliance to the Act to ensure the response of the criminal justice system to hate crimes; and

WHEREAS, resolutions urging comprehensive implementation of the Act have been passed by the IACP, the U.S. Conference of Mayors, the National Association of Attorneys General, the National Sheriff’s Association, the Fraternal Order of Police (FOP), the Association of State Uniform Reporting Programs (ASUCRP), the International Association of Directors of Law Enforcement Standards and Training (IADLEST) and the National Organization of Black Law Enforcement Executives (NOBLE); now, therefore, be it

RESOLVED, that the IACP is committed to ensuring that gains in public awareness and improved public response to hate crime continue and that the number of law enforcement agencies participating in the Act expands to full compliance; and therefore, be it

FURTHER RESOLVED, that the IACP recognizes the importance of consistent identification of all crimes which are motivated by bias/hate, and therefore urges the Uniform Crime Reporting Program to permanently continue the collection of hate crimes statistics as sub-program to its data collection and reporting process.

WHEREAS, criminal acts motivated by prejudice are repugnant and violate fundamental values of human and civil rights; and

WHEREAS, to promote public confidence in the rule of law and respect human and civil rights, law enforcement/peace officers worldwide must through their words and actions convey the message that hate/bias-motivated acts in all forms will not be tolerated; and

WHEREAS, increased awareness has raised expectations for law enforcement/peace officers to confront prejudice, discrimination and racism in communities worldwide; and

WHEREAS, education, experience, and awareness lead to better understanding and appreciation of diversity, and constitute part of the solution to eliminate prejudice, discrimination and racism; and

WHEREAS, education and training for law enforcement/peace officers in the area of human and civil rights and hate/bias crimes has proven to better prepare officers to investigate those crimes, assist victims, and develop the confidence to promote cooperation by both victims and witnesses; and

WHEREAS, policies, procedures, and guidelines implemented within a number of agencies worldwide have demonstrated a significant improvement in standardizing the management of hate/bias crime investigations and practices; now, therefore, be it

RESOLVED, that the International Association of Chiefs of Police (IACP) duly assembled at its 103rd annual conference in Phoenix, Arizona:

1. expects law enforcement/peace officers to continue their active opposition in word and deed to all manifestations of prejudice, discrimination and racism; and
    
2. calls upon chief executives to exercise leadership in condemning hate/bias motivated acts and violence, as well as promoting awareness and understanding of existing criminal and civil laws; and
    
3. urges its membership to continue to expand its outreach, education and training programs on human and civil rights; and
    
4. urges those chief executives who have instituted specific hate/bias crimes training to continue and expand such training, and strongly urges those that have not yet adopted such training to do so as soon as possible: and
    
5. urge all law enforcement leaders to implement policies, procedures, and guidelines for management of hate/bias crime investigations; and
    
6. authorizes and directs IACP executives and affiliates to transmit these views to the United Nations and members of the IACP, and other organizations and individuals.

WHEREAS, the Civil Rights Committee of the International Association of Chiefs of Police (IACP) has been actively engaged in training for the recognition and response to hate crimes; and

WHEREAS, the Civil Rights Committee recognizes that the systematic, planned annihilation of a racial, political, or cultural group in the form of genocide is a violation of basic human and civil rights; and

WHEREAS, the Civil Rights Committee recognizes that victims of genocide are innocents unable to defend themselves; and

WHEREAS, the Civil Rights Committee recognizes that all people have the right to be protected against genocide; and

WHEREAS, the Civil Rights Committee recognizes the critical role that law enforcement plays in anti-hate crimes, effective justice initiatives, and securing basic human rights; and

WHEREAS, the protection of civil and human rights is a fundamental component of law enforcement in the free societies of the world; now, therefore be it

RESOLVED that the IACP strongly urges law enforcement agencies to train their officers in the recognition and response to hate crimes; and be it

FURTHER RESOLVED that the IACP calls on the governments of all nations to support efforts to promote human rights, civil rights, and to stop all forms of genocide.

REQUESTING THE CREATION OF A NATIONAL STRATEGY TO ASSIST STATE, LOCAL AND TRIBAL LAW ENFORCEMENT IN ADDRESSING THE TECHNICAL DEVELOPMENTS AND ISSUES RELATED TO ELECTRONIC SURVEILLANCE

Submitted by: Police Investigative Operations Committee PI.022.a08

WHEREAS, the International Association of Chiefs of Police represents Law Enforcement Executives from local, state and federal agencies; and

WHEREAS , the FBI has a long history of working with law enforcement and the private sector to address the Communications Act to Assist Law Enforcement (CALEA); and

WHEREAS, it is essential that state and local law enforcement maintain its ability to conduct court authorized electronic surveillance; now, therefore, be it

RESOLVED that the International Association of Chiefs of Police, duly assembled at its 115th Annual Conference in San Diego, California does hereby commend the Federal Bureau of Investigation for their continued support and assistance to state, local and tribal law enforcement agencies with regard to electronic surveillance; and, be it

FURTHER RESOLVED that the IACP calls upon Congress and the Administration to authorize the FBI, in conjunction with the IACP, to conduct a needs assessment and create a strategy to address these issues related to maintaining law enforcements ability to conduct court authorized electronic surveillance; and, be it

FURTHER RESOLVED that the IACP recommends to Congress that funding be made available to address the following issues related to electronic surveillance: 1) Legislative/Regulatory Issues (CALEA 2.0) 2) Developments in Research and Technology 3) Addressing Costs, Capacity and Equipment (Technology Transfer)

SUPPORT FOR SUSPICIOUS ACTIVITY REPORT

Submitted by the Executive Committee EC.024.a08

WHEREAS, the IACP recognizes that in the aftermath of the September 11, 2001 atrocities, there is a need to address the deficiencies that exist in this country in the collection, analysis and dissemination of Criminal Intelligence; and

WHEREAS, the IACP recognizes the need to address these deficiencies and to ensure that state, local and tribal law enforcement is involved in the Intelligence process; and

WHEREAS, the IACP recognizes that, if state, local, and tribal law enforcement officers are adequately equipped and trained and fully integrated into an information and intelligence sharing network, they can be invaluable assets in efforts to identify and apprehend suspected terrorists before they strike.

WHEREAS, the Department of Homeland Security (DHS), the Department of Justice (DOJ), and the Program Manager of the Information Sharing Environment, in collaboration with the Major Cities Chiefs Association, released Findings and Recommendations of the Suspicious Activity Report (SAR) Support and Implementation Project; and

WHEREAS, the SAR, issued in June of 2008, provided 17 major findings that were categorized in six specific issues: Executive Leadership; Privacy and Civil Liberties Protections; Gathering, Processing, Reporting, Analyzing, and Sharing of Suspicious Activity; Standard Reporting Format and Data Collection Codes; Training and Community Outreach; and Technology; and

WHEREAS, those major findings will aid greatly and standardize the process for the reporting of suspicious activity for state, local and tribal law enforcement; now, therefore, be it

RESOLVED, that the International Association of Chiefs of Police, duly assembled at its 115th Annual Conference in San Diego, California strongly supports the Findings and Recommendations of the Suspicious Activity Report (SAR) Support and Implementation Project as a valuable tool to remedy the deficiencies in the existing methods of collecting, analyzing and disseminating criminal intelligence, that the IACP encourages all law enforcement to utilize this tool in creating and/or bettering its efforts in the area of Criminal Intelligence, and that the Federal Government also support these efforts.

                                         Support for Concerns of Police Survivors

                                     Submitted by the Board of Officers BO.025.a08

WHEREAS, each year, between 140 and 160 officers are killed in the line of duty and their loved ones are left to cope with the tragic loss; and

WHEREAS, the IACP recognizes the ultimate sacrifice these officers give to their families, communities, departments and country; and

WHEREAS, Concerns of Police Survivors, Inc. (C.O.P.S.) provides resources to assist in the rebuilding of the lives of surviving families of law enforcement officers killed in the line of duty including scholarships and counseling for families of fallen officers; and

WHEREAS, C.O.P.S. provides training to law enforcement agencies on survivor victimization issues and educates the public of the need to support the law enforcement profession and its survivors; and

WHEREAS, C.O.P.S. programs and services are funded by grants and donations; now, therefore, be it

RESOLVED, that the International Association of Chiefs of Police, duly assembled at its 115th Annual Conference in San Diego, California strongly supports Concerns of Police Survivors, Inc. and encourages law enforcement agencies and organizations to support C.O.P.S.

WHEREAS, since September 11th, 2001 over 461,000 National Guard and Reserve personnel have deployed to Operation Enduring Freedom (OEF) (Afghanistan) or Operation Iraqi Freedom (OIF) in addition to over 1,225,000 active military personnel; and

WHEREAS, deployments of Active, Reserve, and National Guard service members to OEF and OIF are expected to continue through 2010 and possibly beyond; and WHEREAS, thousands of Active, Reserve, and National Guard service members have returned to their departments and agencies to resume their law enforcement careers:

WHEREAS, thousands of law enforcement agencies remain challenged to properly transition or reintegrate these veterans back to sworn status by having insufficient plans, training, policies, and procedures affecting all phases of pre-deployment, deployment and post-deployment strategies; and

WHEREAS, law enforcement leadership recognizes that more research is required to gauge the effectiveness of current policies and procedures toward disabled veterans and those who have served multiple combat tours; and

WHEREAS, the International Association of Chiefs of Police recognizes the significance of the efforts of the law enforcement community to develop new veteran policies and procedures to successfully reintegrate veterans into their departments and therefore endorses the Employing Returning Combat Veterans as Police Officers project (V2C) and their future efforts; now, therefore, be it

RESOLVED, that the International Association of Chiefs of Police duly assembled at its 116th Annual Conference in Denver, Colorado calls for all federal, state, local and tribal law enforcement agencies and departments to continue to provide support to returning combat veterans in their successful transition back to their departments; and, be it

FURTHER RESOLVED, that the IACP calls upon all federal, state, local and tribal law enforcement agencies and departments to continue to provide support to those returning veterans who seek employment with those agencies and departments; and, be it

FURTHER RESOLVED, that the IACP calls upon IACP to fully support law enforcement community research into the effectiveness of current and future procedures toward disabled veterans and those who have served multiple combat tours; and, be it

FURTHER RESOLVED, that the IACP calls upon federal, state, local and tribal law enforcement agencies to consider those honorably serving disabled veterans for sworn and unsworn positions within their departments so they may continue to contribute their experience and expertise to the success of their law enforcement agency until retirement eligible.

Submitted by: Civil Law Enforcement/Military Cooperation Committee

CLEMCC.013.a09

National Law Enforcement Cancer Support Foundation Submitted by: Police Physicians Section and Psychological Services Section PPS-PSS.017.a09 WHEREAS, the International Association of Chiefs of Police places the highest of priorities on the safety, health, and welfare of members of the law enforcement community; and WHEREAS, law enforcement professionals who are diagnosed with cancer are often faced with a scarcity of knowledge, contacts, information, support, and available resources; and WHEREAS, the mission of the National Law Enforcement Cancer Support Foundation is to provide a free emotional support system, guidance, and resources to all members of the law enforcement community during a cancer experience; and WHEREAS, the National Law Enforcement Cancer Support Foundation matches law enforcement officers diagnosed with cancer with law enforcement cancer support team members who have had the same or similar type and stage of cancer; and WHEREAS, the National Law Enforcement Cancer Support Foundation provides on-going cancer education, emphasizing early detection and prevention to all law enforcement personnel; now, therefore, be it RESOLVED that the International Association of Chiefs of Police (IACP) duly assembled at its 116th Annual Conference in Denver, Colorado, strongly supports the National Law Enforcement Cancer Support Foundations mission and encourages law enforcement professionals faced with a diagnosis of cancer to use the resources of the Foundation.