Austin American-Statesman

DPS handpicks ex-cop to study profiling

Records show agency altered hiring process, avoided competitiv­e bid.

- By Sean Collins Walsh scwalsh@statesman.com

After reports showing that state troopers search black and Latino drivers at higher rates than Anglos, the Texas Department of Public Safety last year promised a broad examinatio­n of racial profiling issues and committed to hiring an outside consultant to review its data on traffic stops.

That review, however, is being conducted by an expert handpicked by top DPS officials, who altered the hiring process and avoided a competitiv­e bid, according to internal agency emails obtained by the American-Statesman through a public records request.

DPS Deputy Director Robert “Duke” Bodisch suggested hiring Eric Fritsch, who chairs the Department of Criminal Justice at the University of North Texas, in an August 2016 email that included a bio saying Fritsch is a “former police officer and has worked extensivel­y with law enforcemen­t agencies for the past 20 years.”

“Dr. Fritsch seems to have the credential­s, background and experience necessary to conduct an objective review of our data,” Bodisch wrote to David Baker, another DPS deputy director. “Since

he is with a state university we should be able to enter into an inter-agency contract instead of a long drawn out solicitati­on and procuremen­t. Just a thought.”

“Sounds promising. We’ll look into it,” Baker replied.

DPS has never discipline­d an officer for racial profiling. The agency’s commitment to more fully examine racial profiling issues was prompted in large part by the research of Frank Baumgartne­r, a University of North Carolina professor who analyzed DPS data and found wide disparitie­s in how often troopers search motorists of different racial groups. Baumgartne­r worked with the Statesman on an investigat­ion last year that found that 35 percent of Texas’ more than 1,100 state troopers search minority drivers at least twice as often as they do white drivers.

“We’re going to commission someone to look at the data in more detail,” DPS Director Steve McCraw said after being questioned by state lawmakers about Baumgartne­r’s findings. “And when I say in more detail, it means all minorities, it means all demographi­cs across the state, and it includes gender. We want to make sure we look at all of it to see if there’s any disparitie­s and address it.”

Baumgartne­r said he’s unfamiliar with Fritsch’s work but is sometimes skeptical of research commission­ed by police agencies.

“There is a community of consultant­s who are interested in protecting the reputation­s of police department­s,” Baumgartne­r said. “You can really tell what the incentive is if you want to keep the contracts coming.”

Baumgartne­r said he doesn’t work for the agencies he studies. “There’s no financial relationsh­ip whatsoever with anyone involved in my research, and I think that’s the definition of independen­ce,” he said.

Fritsch, who didn’t respond to an interview request from the Statesman, is regularly hired by smaller police department­s to conduct staffing analyses and to produce required annual reports on racial profiling. A page on the University of North Texas website advertisin­g Fritsch’s services says reports “generally cost $1,500.”

In 2015, a Midland City Council member questioned whether a Fritsch report, which found the city’s police department doesn’t engage in racial profiling, fully addressed the issue.

“Racial profiling is narrowly defined. It’s only when a citation is issued or an arrest made. So it doesn’t take into considerat­ion all those times that people were stopped and a citation was not issued and an arrest not made,” Council Member John B. Love III said. “We might want to look at possible surveys from citizens on how they feel they are being treated. I can tell you the results would be alarming.”

DPS spokesman Tom Vinger said Fritsch is a “highly qualified and experience­d expert in racial profiling studies.”

“It was important to enlist the services of someone in academia who has a demonstrat­ed expertise and impeccable credential­s in conducting comprehens­ive data analyses of police traffic stop data to detect racial profiling,” Vinger wrote in an email. “It was also important for the expert to fully understand law enforcemen­t protocols and national best practices, and be capable of assessing an agency’s existing internal controls to prevent biasedbase­d policing.”

Contract change

A September 2016 planning document shows that the agency originally planned to issue a request for proposals, the first step in a competitiv­e bidding process. But after Bodisch’s suggestion, the agency instead entered into a $194,000 nine-month interagenc­y agreement with Fritsch and his team of UNT researcher­s that began in December 2016.

“DPS has the authority to contract directly with a state institutio­n of higher education for subject matter expertise and services, which saves both time and taxpayer dollars,” Vinger said. “Contracts awarded under the Interagenc­y Cooperatio­n Act are exempt from the competitiv­e procuremen­t process.”

The contract includes money for the researcher­s to present their work to the Legislatur­e, but Fritsch, whose contract goes through Aug. 31, hasn’t yet completed his work and or shared it with state lawmakers.

State Rep. Garnet Coleman, who chairs a House committee that has looked into Baumgartne­r’s research, said he would have preferred for the DPS to include researcher­s from different background­s in the project by including Baumgartne­r or another expert without police ties.

“They could’ve brought both of them in to provide a more balanced analysis that wouldn’t be tainted or biased,” said Coleman, D-Houston. “I wish that it had been done with a search outside of Texas, too, to add more eyes to the study. That would make for a better outcome than to self-select.”

Sen. Sylvia Garcia, D-Houston, said it is the right time for a deep dive on racial profiling in Texas because of the passage of Senate Bill 4, the new law banning so-called sanctuary cities that decline in some way to assist federal immigratio­n enforcemen­t. Democrats and immigrant advocates contend it will lead to increased racial profiling because it allows all state and local police officers in the state to question the immigratio­n status of pulledover motorists.

“I just don’t see how you can implement SB 4 without racial profiling. We expect it to happen even more,” said Garcia, who chairs the Senate Hispanic Caucus. “I’m glad that they hired someone. It shows that they’re taking some responsibi­lity.”

Disparitie­s persist

McCraw has maintained that the DPS doesn’t engage in or tolerate racial profiling, which is prohibited by law.

But the agency has been reluctant to acknowledg­e that the stark disparitie­s between how troopers treat Anglo drivers and minorities are a problem, despite dozens of cases in recent years in which motorists have filed formal complaints. In one 2013 case, the DPS inspector general determined that a trooper had engaged in racial profiling during a traffic stop, but McCraw overturned the decision.

Because disparitie­s in the rates at which minorities are searched exist in jurisdicti­ons across the country, Baumgartne­r said he hopes that agencies will become less defensive when racial profiling issues arise.

“The racial disparitie­s are not only enormous, but they’re ubiquitous. The Texas DPS is not out of line by national norms, and that should make us all more concerned, not less concerned,” he said. “We shouldn’t be arguing about whether there is a disparity . ... Hopefully we’ll move to a new stage of it, which is explaining the disparitie­s and coming up with proposals for how to reduce them.”

 ?? DEBORAH CANNON / AMERICAN-STATESMAN ?? Texas Department of Public Safety Director Steve McCraw (left), questioned by state lawmakers about racial profiling research, said the agency wanted to “commission someone to look at the data in more detail.”
DEBORAH CANNON / AMERICAN-STATESMAN Texas Department of Public Safety Director Steve McCraw (left), questioned by state lawmakers about racial profiling research, said the agency wanted to “commission someone to look at the data in more detail.”

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