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June
2008
Corruption:
The Thief of Organizational Excellence
by Edward J. Tully
Foreword
Men and women are not
angels. If they were, there be no need to address the issue of
corruption in our society or in the law enforcement profession.
Being human means that all of us have some tendency to behave
occasionally in ways that violate the norms of the culture in
which we live. Perhaps the allegory of Adam and Eve in the Bible
eating the forbidden fruit best explains our sometimes dark nature.
Depending on the explanation you choose, the fact remains that
all of us are susceptible to errors of judgment some of the time,
and a few people make these errors all of the time. These lapses
of judgment on our part can have grave consequences individually.
If we are employed by a law enforcement organization or other
organizations dependent on public trust, these improper behaviors
may well significantly damage the organization, end whatever reputation
the organization has for excellence, and, in the process, virtually
destroy those involved.
A few organizations
recently damaged by employee misconduct include the Roman Catholic
Church, the United States Congress, Enron, the United Nations,
the Red Cross, the FBI, and several other law enforcement organizations.
While it is not possible to accurately assess the damage done
to these organizations by employee misconduct, it is reasonable
to conclude that it has been significant. The way in which the
organization handled employee misconduct after the fact played
a significant role in damage control. As we have seen in the past,
if the organization does not handle the matter of misconduct properly
or allows it to continue unabated, the public will withdraw the
trust they have in the organization and it may well eventually
fail.
Over the past fifty
years, the level of corruption within law enforcement agencies
has been relatively predictable. For example, corruption increased
during Prohibition. Our present drug culture has spawned a spike
in the incidences of corruption. Finally, during times of economic
recession we have experienced an increase in both corruption and
improper behavior. Now this Nation and the world are having problems
with both the illicit drug trade and a depressed economy. Therefore,
it should not be a surprise to see an increase in allegations
of corruption, brutality, and grossly improper behavior on the
part of our employees.
Virtually every profession
in our society is having similar problems. An overwhelming percentage
of law enforcement officers are not corrupt and perform their
duties in an honorable fashion. If you consider incompetence,
fraud, and greed as characteristics of corruption then the law
enforcement profession has had less corruption than the medical
profession, politicians, teachers, clergymen, and the financial
community. What is more significant is that if you factor in the
opportunities for corrupt behavior by a law enforcement officer
you must conclude they are far greater than most other professions
and the public face on a daily basis. Having said that does not
minimize the seriousness of the act when a law enforcement officer
deliberately violates the law or behaves in a manner that is not
consistent with the values of the organization. I can think of
no other profession that polices its own conduct more extensively
than law enforcement in which the public has placed more trust.
We have been given the authority to take away liberty, possessions,
and, even under certain circumstances, the life of an individual.
Having been given that amount of authority by the public it is
absolutely essential that any violation of this trust be treated
promptly and fairly with commensurate discipline, and if deemed
necessary, policy and personnel changes.
This article will focus
on what I consider the two most important positions in law enforcement
when it comes to protecting the law enforcement organization from
corruption and loss of public trust. These positions are the Chief
Executive Officer and the Sergeant, or first-line supervisor.
I hope that you do not construe this article's tone as "holier
than thou" for it is fully realized that none of us or our
organizations are perfect. Who among us has not said of someone
else caught violating the rules, "There, but for the grace
of God, go I?" In brief, the balance of this article contains
a few observations and suggestions for helping the organization,
the officers on the street, and yourself in protecting the organization
and its employees from the curse of corruption.
The Chief Executive
Officer
The job of a Chief
Executive Officer in a law enforcement agency is extremely difficult,
demanding, and time-consuming. By any measure, it is one of the
most challenging jobs in our society and, I might add, one of
the least appreciated. In addition to handling the administrative
matters of the department, the Chief must also interact and develop
positive relationships with various governing bodies, the media,
groups representing the rank-and-file officers, and the public.
This has to be accomplished at the same time the Chief is exercising
a leadership style to gain and maintain the respect of the officers.
All of these responsibilities
take far more than eight hours-a-day or five days-a-week. The
larger the department is the more time that is going to be required
to perform the essential duties. In most cases, time constraints
on the Chief require that some aspects of the job be delegated
to others. Thus, the prudent Chief selects individuals whose strengths
compliment areas where he or she feels a need for able and loyal
assistance. For the purpose of this article, I would suggest the
two most important jobs to delegate are to have a deputy Chief
to handle administrative matters and a Commander of Internal Affairs.
The first area of delegation
frees the Chief of a significant amount of time dealing with the
necessary paperwork generated by every department. Delegating
administrative matters should allow the Chief to spend more time
on developing better relations with politicians, other departments,
and the public. The second area of delegation, Internal Affairs,
can provide the department with a firewall in regards to allegations
of misconduct, corruption, and unethical behavior. These allegations
are inevitable and it is necessary for the public to have confidence
that the department is capable of policing and disciplining itself.
Experienced officers whose competence, loyalty, and judgment are
of the highest order must fill these two positions.
While the Chief has delegated the daily activities of Internal
Affairs, it does not mean that the role of the Chief Executive
in a law enforcement agency is lessened in terms of corruption,
ethical behavior, and public trust. This is a critical role and
the Chief must understand that his/her every action, every word,
and every decision will be dissected and analyzed by each department
member in terms of the Chief's character and what this example
might mean to their own career and on-the-job behaviors. If the
troops view the Chief Executive as being remote, unsympathetic
to personnel, tolerant of unprofessional behavior, and uninterested
in providing individual growth opportunities through training,
then improper behavior problems could become the norm. If just
a few other departmental supervisors adopt similar attitudes then
the department is, indeed, on the slippery slope into problem
areas, which will have disastrous consequences for all concerned.
If implemented there
are multitudes of suggestions that can help to rectify the problem
of corruption in law enforcement agencies. I set forth a few below
with the understanding that there is no one single suggestion
that is more important than another suggestion, nor is there any
one that will correct a deteriorating workplace situation.
First, every department
should have a statement of values. This should be a statement
of what the department considers its most important beliefs and
its most important duties. For example the first value could be,
"This department will completely respect the Constitution
of the United States and the rulings of any court which has dominion
over our jurisdiction." Second, each department should have
a written code of conduct consistent with the values of the organization
proscribing the acceptable, and unacceptable, behaviors of all
employees. For example, one such statement could be, "Every
citizen will always be treated with respect regardless of race,
gender, age, or physical condition, unless the safety of the officer
becomes an issue." Another could be, "Under no circumstance
shall an officer of this department accept a gift, or any object,
or substance of value while in the performance of their duties
unless this matter is immediately reported to a supervisor for
independent judgment and evaluation."
Both of these documents
should state that violations of either will result in appropriate
administrative action that could include termination of employment
and/or prosecution. Yes, both the statement of values and the
code of conduct should be very hard-nosed. The reason for this
philosophy is not to inflict pain, or undue restraint on officers,
rather it is to protect them from themselves and to protect the
department. I do not suggest that taking a cup of coffee is a
terminal offense or needs draconian punishment--not at all, there
are times when such behavior is appropriate. However, the matters
that exceed in value that "cup of coffee" should be
discussed with an immediate supervisor to evaluate the problem
in terms of the underlying intent and how to handle such matters
in the future. Common sense should not be absent in these discussions
because the objective of the value statement and the code of conduct
is to teach all employees what is right and wrong behavior. This
provides the officer with a basis so that in similar situations
they can conduct themselves in an ethical, prudent, and lawful
manner. The departments that furnish each employee with a value
statement and a corresponding code of conduct, along with good
counsel, is buying the best insurance against improper behavior.
The Chief Executive
Officer should have, in my opinion, regular contact with the rank-and-file
officers. I would suggest consideration be given by the Chief
to visiting various precincts on a regular basis to chat with
the officers and to answer any questions they may have. It is
not a bad idea to ride along occasionally with officers on patrol,
or perhaps to respond to a call for backup. It is a good idea
for the Chief to respond to an ongoing crisis, not necessarily
to direct the operation, but to give his support to commanders
on the scene. These suggestions, if considered, will remind the
officers of your concern for their welfare, your support of their
actions, and the fact that you are one of them.
If the value statement
of the department and the corresponding code of conduct forbids
both major and minor ethical behaviors, then the Chief Executive
Officer must realize his ethical conduct has to be even higher.
That means no free tickets to anything, no playing golf on company
time, and no complimentary meals at the country club. You must
be mindful that your phone will ring at all hours, you are on
call seven days-a-week, and your wife/husband will have to be
incredibly understanding of the role you play within the organization
and the community. These constraints, or aspects of the Chief's
position, is what gives you the moral authority, the character,
and the reputation to demand excellence from everyone employed
by the department to work up to your standards.
Finally, one of functions
the Chief may have delegated is that of Internal Affairs--one
of the most hated units in any law enforcement organization. As
we used to say of what was the Inspection Division in the FBI,
"They were the people who came in after the battle and bayoneted
the wounded." In reality, this division was also responsible
for compliance with a multitude of administrative rules and regulations
designed to standardize FBI procedures throughout the country.
While not loved, the people who performed these duties were respected
as individuals as their duties were essential to the health of
the institution. I doubt there is any way a Chief Executive can
make Internal Affairs loved, but this function is absolutely necessary
and it should be respected. I think this can be accomplished if
the ranking officer in charge of Internal Affairs, and the men
and women under his direction, have significant experience on
the street and reputations as fair-minded, honest, and competent
employees. These employees must understand that their primary
function is to protect the department's integrity while at the
same time protecting employees from false allegations. These functions
can only be accomplished if the investigations of employee misconduct
are thorough, unbiased, and completed as expeditiously as possible.
Recommendations for further specific actions, or no action, should
be given to the Chief Executive Officer for review and final decision.
I would further suggest that Internal Affairs should give an edited
synopsis of the various complaints and final actions to all employees
on a semi-annual basis. This will ensure that employees are familiar
with department rules and the disciplinary process.
Corruption will exist
in any organization that does not have a specific code of conduct,
tolerates lax supervision, and condones actions that suggest officers'
behaviors are above the law. It should also be said that even
departments having all of the above bases covered will still have
an occasional case of corruption. This situation can only be prevented
or corrected if the Chief Executive and the command staff, working
together, set forth and enforce the values of the organization,
the rules of conduct for every employee, and the expectation of
excellence in the performance of duty. No, this is not a way to
gain popularity--at least in the short run--but it is the only
way to run a law enforcement agency. The temptations on the street
are too great for some officers to resist. These officers need
help in resisting the temptations on the job. It is the responsibility
of the department to ensure the officers get the help they need
before they actually need it. This assistance may include psychological
services, substance abuse programs, financial advisors, and regular
training programs that emphasize self-discipline, defensive tactics,
and the code of conduct.
Should a situation develop that calls in to question the corruption
or misbehavior of an officer or group of officers, the Chief Executive
must handle the media. This is not a task that should be delegated
to the individual who normally handles press inquiries. The public
has a right to know directly from the Chief Executive what the
department has done to resolve the allegations and what further
steps are being taken in regard to the investigation underway.
The Chief should also make the outcome regarding the allegation
public. It is my observation that when the Chief personally handles
allegations of corruption, regardless of the guilt or innocence
of the officers involved, the public is reassured that their trust
in the department has not been misplaced.
The Sergeant
I would argue that
the most important position, in terms of the excellence of a law
enforcement organization, is the Sergeant, or first-line supervisor.
To the officer on the street the Sergeant is a coach, advisor,
disciplinarian, historian, motivator, and defender. To the Chief
Executive the Sergeant is the individual who implements policy,
monitors the rules of conduct, and directs the department's strategies.
Thus, the Sergeant occupies a position that requires loyalty to
the officers in every respect. However, as a member of the department's
management team he/she also must be loyal to management. Far too
many Sergeants do not understand this delicate balance and, often,
their loyalty is to the officers first and management second.
Quite often, this misplaced loyalty is from a lack of management
training upon promotion to Sergeant. In far too many cases, upper
management has never understood or appreciated the value of training.
Why they believe that an experienced officer can be promoted to
first-line supervisor without having a good dose of management
training prior to being placed in such a position eludes me. When,
I wonder, will the new Sergeant learn the true nature of the position
and be intellectually equipped to handle the delicate balance
the position requires. Whatever the case, the Sergeant whose loyalty
to the officers transcends loyalty to management is a serious
problem that will need to be addressed and rectified.
In terms of corruption,
I doubt any young recruit comes on to the job with the intent
to be corrupt. No, most are quite idealistic, perhaps too much
so. Most erroneously think they are working for a higher purpose,
and therefore, have the power to impose their will and control
over those who have broken the law. In a few short years, most
will lose much of their idealism and a few become more cynical.
These few never abandon their misconception that they have been
anointed to bring justice to anyone who dares break the law or
who questions their authority. These officers need the guidance
of the wise Sergeant. If they fail to get wise counsel, a few
officers under the influence of even more cynical peers, will
drift into practices that will eventually become corrupt.
There is no question
that virtually all Sergeants know which officers in their span
of control have good character, sound judgment, and an understanding
of good policing. The Sergeant also knows which officers are susceptible
to improper peer influence as well as the officers who are offering
this questionable advice. At this point, the good Sergeant can
intercede with both and most likely turn the situation around
in fairly short order with good counsel, proper motivation, and,
if necessary, appropriate disciplinary measures, such as a kick
in the ass. In this case, the good Sergeant shows loyalty to both
the officers and the department.
The lesser Sergeant
ignores the warning signs obvious in both the young officer and
the influential peers because he/she does not want to rock the
boat, appear not to be loyal to those under his/her direct command,
or be viewed as a wimp. This type of Sergeant fails in loyalty
to the department, and just as importantly, to the officers. The
lesser type of Sergeant by inaction can encourage behavior that
may well be corrupt, brutal, unethical, and/or all three. If this
is the case, the only solution lies in rotation of personnel,
training, or early retirement of those involved. Otherwise, the
situation will only become worse and very damaging to the department.
It can be stated, without reservation, that there is a time for
training and a time for discipline. The wise supervisor understands
this concept and applies it accordingly.
Conclusion
Yes, corruption can
exist in many different forms in law enforcement agencies ranging
from the two-man police department to the FBI. It is a natural
extension of the human condition. That we do not have more corruption
in law enforcement speaks well of the thousands of officers who
daily perform a most difficult job with great honor and integrity.
In virtually all law enforcement corruption cases one of the root
causes is lax or poor supervision. It is very difficult to engage
in corrupt practices in an agency that has stated its core values
and a corresponding code of conduct--both of which are known,
understood, enforced by managers. A law enforcement officer has
an incredibly difficult job, particularly in our society today.
Just as we give them protective vests, weapons, and defensive
tactics to protect them from harm, we should also give them the
rules for their conduct in all situations and a supervisor who
will guide them through the difficult situations they all face
each day.
In my judgment, the
two most important positions in a law enforcement agency in terms
of handling the matters of corruption are the Chief Executive
Officer and the Sergeant. The individuals in these positions have
to be of exemplary character, knowledgeable of the difficulties
encountered by the officers on the street, and willing to hold
all under their command, and themselves, accountable for their
actions. A strict code of conduct with the understanding by all
that "acts have their consequences" is the best insurance
for both the department and the officers on the street to prevent
corruption in whatever form it takes.
Finally, in our quest
for excellence in law enforcement we should understand that law
enforcement will always have a problem with corruption. These
cases may take the form of brutality, bribery, or some other willful
and flagrant abuse of power. I doubt that it will ever reach the
level of what we have seen in some third-world countries where
the level of trust in law enforcement agencies is near zero. Nonetheless,
we need to make every possible effort to reduce corruption to
a minimum. This can be accomplished if the Chief Executive, the
Sergeants, Internal Affairs, and the Training department all direct
their efforts to help officers on the street resist the temptations
that they endure on a regular basis. Secondly, should an allegation
of corruption surface within a department, then it must be handled
expeditiously and the Chief should keep the public informed of
steps being taken to resolve the issue. While the problem may
be temporarily embarrassing it need not become a reason for the
public withdraw the trust they have in the department, nor should
it become a barrier to achieving excellence as an organization.
Postscript
As this article was
being prepared an incident occurred in Philadelphia that attracted
national attention. A group of officers was videotaped beating
and kicking three men after a vehicular chase. The incident occurred
on May 7, 2008, and was broadcast nationwide the following day.
Police Commissioner Charles Ramsey was interviewed the following
morning and quoted as saying that the incident was troubling and
that the matter would be reviewed. He also noted that his officers
might have been influenced by the fact that another Philadelphia
police officer had been killed in the line of duty several days
before.
On May 19, 2008, Commissioner
Ramsey announced that after a thorough review, four officers would
be terminated and four others would be disciplined for their behavior
during the incident. This is a classic example of how a Chief
Executive should act after an incident of this type occurs. The
department handled the matter promptly, fairly, and the public
was kept informed throughout the process. Perhaps this is one
of the reasons that Chuck Ramsey is considered one of the finest
law enforcement executives in the United States.
_________
Edward J. Tully
served as a Special Agent with the FBI from 1962 to 1993. He served
as the Chief of the Education/Communication Arts Unit at the FBI
Academy from 1976 to 1992 when he was given another assignment.
He was the Administrator of the FBI's National Executive Institute
from 1976 until his retirement in 1993. After retirement, he was
the Executive Director of the National Executive Institute Associates
and the Major Cities Chiefs until he retired from those positions
in 2002. He can be contacted at tullye@verizon.net.
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