Thread: Quotas illegal?

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    Quotas illegal?

    I know it's often been said that quotas are illegal. However, where is it actually in the law? Is it federal or up to each state? If up to each state, where is it in Texas law?

    Thanks!

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    Ask the Falls Church Police Dept. LOL.. Many depts, do not call them quotas, they have nice names like perfromance goals, or performance initiatives, etc.


    http://www.washingtonpost.com/wp-dyn...-2004Aug7.html

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    I believe it's a federal law that any business with over 50 employees has to reflect the appropriate racial and gender diversity. I'm sure it's true for government jobs too. But you can't call it a quota because quotas aren't legal.

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    He's a novel idea ... 253,000 entries google :



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    quotas

    Quote Originally Posted by JasperST View Post
    I believe it's a federal law that any business with over 50 employees has to reflect the appropriate racial and gender diversity. I'm sure it's true for government jobs too. But you can't call it a quota because quotas aren't legal.

    He is talking about being told you have to write a certain # of tickets a day/week/month, not the racial make up of your dept, or how many minorities you hire.

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    I am not a LEO but from what I can tell you from my own personal experience from a Ride-Along, I highly Doubt there is Quotas.

    In a simple 5 minute ride down the road(to back up an officer) the Officer could have pulled over 12 people (no exaggeration on that number) for suspended registration, not coming to a complete stop,and speeding.

    thats my 2 cents.

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    Quote Originally Posted by 2971511 View Post
    He is talking about being told you have to write a certain # of tickets a day/week/month, not the racial make up of your dept, or how many minorities you hire.
    Oh sorry. As a business owner, the word has a different meaning to me.

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    state by state has had cases over this issue...most of the northern states have dealt with it more than the southeastern area. Here they pretty much can tell you how many tickets you have to write because it's not just limited to Traffic summons.
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    I suppose if I would have done a simple search, I would have found my answer. Texas Transportation Code 720.002 prohibits quotas for 'traffic citations.' One would not be in violation to say something like, 5 contacts a day in any combination of written warnings, citations, parking citations, or arrest reports.

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    An interesting read from the National Motorists Association:

    http://blog.motorists.org/if-you-did...-you-will-now/

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    When people raise the quota issue by comparing performance goals to quotas, I ask them if, as a taxpayer, they would prefer a system in which traffic officers are told that it is perfectly fine for them not to write any traffic citations and that doing so will not impact their performance evaluations.
    Facts do not cease to exist because they are ignored. -- Aldous Huxley
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    Quote Originally Posted by CrymsinSky View Post
    I know it's often been said that quotas are illegal. However, where is it actually in the law? Is it federal or up to each state? If up to each state, where is it in Texas law?

    Thanks!
    In Texas:

    Transportation Code
    Sec. 720.002. PROHIBITION ON TRAFFIC-OFFENSE QUOTAS
    http://www.statutes.legis.state.tx.u...htm/TN.720.htm
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    MN State Law:

    169.985 TRAFFIC CITATION QUOTA PROHIBITED.
    A law enforcement agency may not order, mandate, require, or suggest to a peace officer a quota for the issuance of traffic citations, including administrative citations authorized under section 169.999, on a daily, weekly, monthly, quarterly, or yearly basis.
    and

    299D.08 TRAFFIC CITATION QUOTA PROHIBITED.
    The State Patrol or a law enforcement agency shall not order, mandate, require, or suggest to a patrol trooper, commercial vehicle inspector, or law compliance representative that the patrol trooper, inspector, or representative issue a certain number of traffic citations on a daily, weekly, monthly, quarterly, or yearly quota basis.
    and

    84.0285 GAME AND FISH CITATION QUOTAS PROHIBITED.
    The commissioner of natural resources, or the director of the Division of Enforcement and Field Service, may not order, mandate, require, or in any manner suggest, directly or indirectly, to a conservation officer that the conservation officer issue a certain number of game and fish law violations on a daily, weekly, monthly, quarterly, or yearly quota basis.

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    Actually, I presume you are referring to arrest/traffic ticket quotas. If that is the case, here are the laws for California:

    Arrest Quota Defined

    41600. For purposes of this chapter, "arrest quota" means any requirement regarding the number of arrests made, or the number of citations issued, by a peace officer, or parking enforcement employee, or the proportion of those arrests made and citations issued by a peace officer or parking enforcement employee, relative to the arrests made and citations issued by another peace officer or parking enforcement employee, or group of officers or employees.

    Added Ch. 1111, Stats. 1976. Effective January 1, 1977.
    Amended Sec. 1, Ch. 105, Stats. 2002. Effective January 1, 2003.

    Citation Defined

    41601. For purposes of this chapter, "citation" means a notice to appear, notice of violation, or notice of parking violation.

    Added Ch. 1111, Stats. 1976. Effective January 1, 1977

    Arrest Quota Prohibited

    41602. No state or local agency employing peace officers or parking enforcement employees engaged in the enforcement of this code or any local ordinance adopted pursuant to this code, may establish any policy requiring any peace officer or parking enforcement employees to meet an arrest quota.

    Amended Sec. 3, Ch. 105, Stats. 2002. Effective January 1, 2003.

    Evaluation of Peace Officers Performance

    41603. No state or local agency employing peace officers or parking enforcement employees engaged in the enforcement of this code shall use the number of arrests or citations issued by a peace officer or parking enforcement employees as the sole criterion for promotion, demotion, dismissal, or the earning of any benefit provided by the agency. Those arrests or citations, and their ultimate dispositions, may only be considered in evaluating the overall performance of a peace officer or parking enforcement employees. An evaluation may include, but shall not be limited to, criteria such as attendance, punctuality, work safety, complaints by citizens, commendations, demeanor, formal training, and professional judgment.

    Amended Sec. 4, Ch. 105, Stats. 2002. Effective January 1, 2003.
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    Quotas or not, only such a law forbidding quotas need be an issue in the event of a utopian society with so little crime that officers have to fabricate offenses in order to meet quotas.

    I don’t think quota laws deter law enforcement from doing business as usual. It only causes them to use different vocabulary.

    The only effective law I’ve seen be written up in regard to deterring “quotas” was a law not designed around quotas, but a law designed around regulating the ratio of income an agency can fund itself with fine income (i.e. citation fines cannot be the majority of funding for an agency). Thus, an agency cannot exist merely for the purpose of writing citations. Such laws demand agencies are supported by an economic base outside of their ability to levy fines.

    It has nothing to do with quotas.

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    Quote Originally Posted by JasperST View Post
    Oh sorry. As a business owner, the word has a different meaning to me.
    As a civil service employee it means that I need a certain number of businesses to pay B/O taxes in order to pay my wages.

    Oh thats not what they meant.............
    Last edited by GWBJR; 11-17-2009 at 05:06 PM. Reason: spelling

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    Quote Originally Posted by SCV-Sop View Post
    Quotas or not, only such a law forbidding quotas need be an issue in the event of a utopian society with so little crime that officers have to fabricate offenses in order to meet quotas.

    I don’t think quota laws deter law enforcement from doing business as usual. It only causes them to use different vocabulary.

    The only effective law I’ve seen be written up in regard to deterring “quotas” was a law not designed around quotas, but a law designed around regulating the ratio of income an agency can fund itself with fine income (i.e. citation fines cannot be the majority of funding for an agency). Thus, an agency cannot exist merely for the purpose of writing citations. Such laws demand agencies are supported by an economic base outside of their ability to levy fines.

    It has nothing to do with quotas.
    That would help but there's still the problem of using the fines to support other parts of government.

    As far as I'm concerned fines are an inherent conflict of interest except as punishment for financial wrongdoing. The whole issue could be solved by making tickets carry community-service punishments rather than financial punishments.

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    My department doesn't have quotas. They let us write as many tickets as we want too.

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    As I have heard it explained, regardless of legality, a quota would be a bare number that is acceptable for example 20 tickets a month or 20% black employees or whatever you want it to be. If you fail to meet that quota there is some sort of systemic negative consequence. A performance standard is more so just a goal to shoot for usually somewhere around what the average is anyway. Using the tickets example if most officers write 25 tickets you might make the quota 20 and if an officer fails to write 20 that reflects poorly on them. If you had performance standard it might be 25 tickets and it would be a general benchmark by which to evaluate someone against their peers but not mandatory in any way and it would not necessarily have a negative consequence. In my view a quota is a bare minimum that is allowed whereas a performance standard is just a recognition of what is normal and reasonable.
    "War is an ugly thing, but not the ugliest of things. The decayed and degraded state of moral and patriotic feeling which thinks that nothing is worth war is much worse. The person who has nothing for which he is willing to fight, nothing which is more important than his own personal safety, is a miserable creature and has no chance of being free unless made and kept so by the exertions of better men than himself.”

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  20. #20
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    We have a performance objective. I have to agree with it, cause if I drove around for 8 hours and did not write a ticket or make an arrest, I am clearly not doing my job. This objective is pushed aside if we are busy and running nonstop from call to call, which happens quite frequently.
    Being a good street cop is like coming to work in a wet suit and peeing in your pants. It's a nice warm feeling, but you're the only one who knows anything has happened.

  21. #21
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    I set my own quotas

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