Memorandum of Agreement

with the United States Department of Justice ["DoJ"].

        DOJ conducted a three year investigation of MCP and police officer treatment of citizens and, on October 15, 1999, reported to Lodge 35 and the county that it had concluded:

      ·           No evidence that any individual officer engaged in illegal conduct under federal law.

·           The vast majority of police officers have followed law and done a respectable job.

·           No evidence of deliberate policy of discriminatory law enforcement.

·           Insufficient evidence to conclude that officers engage in excessive force against Blacks.

·           Insufficient evidence to conclude that officers are discourteous.

·           (DOJ could not define “discourtesy”, but, given the finding there was no need to discuss this matter further.)

·           Sufficient [statistical] evidence to conclude that blacks are subjected to unexplained treatment in traffic stops, searches, seizures.

o       (Data was taken from 145,000 traffic tickets over a two year period - 1997 & 1998)

o       (No attempt to detail circumstances—accident, radar, etc.)

o       (DoJ used a dubious process based on names to ID Hispanics -- 8% listed as white were identified as Hispanics by this process.)  We have, and continue to dispute the conclusion and are analyzing the data DoJ used for both accuracy and analysis.

·           In a “handful of complaints” involving stops of Blacks upon lookouts, DoJ found no basis for the action, but never interviewed, or sought to interview, the officers who made those stops.) 

·           DoJ further found that MCP Officers receive inadequate training in traffic stops, search &   seizure.

·           MCP fails to maintain adequate record systems

·           MCP fails to investigate many complaints, resulting in disparate impact because more blacks file complaints.

·           Department fails to discipline and provide adequate positive corrective action.  (No  proof of this allegation was ever given.)