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March 1996 Public Trust--Are We Losing It?
by Edward J. Tully I do not like to
write about corruption, incompetence or malfeasance in law enforcement organizations
any more than you like to read about it. However, recent allegations about corruption
of officers in New York, Philadelphia and New Orleans; corruption of federal officers;
congressional hearings on the administration of the ATF and its operational tactics
in conjunction with U.S. Marshals and the FBI at Waco and Ruby Ridge; and finally,
certain aspects of the O.J. Simpson trial, are sufficiently compelling -- in terms
of the potential for the loss of public trust in law enforcement -- to set aside
my personal aversion for the discussion of some law enforcement officer's shortcomings. I
suspect the origin of my aversion is the knowledge that none of us is perfect.
Except for the lack of opportunity, or the grace of God, we might all find ourselves
in a situation that is morally, ethically, or professionally beyond our ability
to handle. Do not view the comments and suggestions that follow as preaching
or evidence of a holier than thou attitude. Rather, my thoughts on corruption
are based on compassion for those few who cannot live by their oath of office
and whose actions bring great discredit to themselves and our profession. If this
article encourages you to think of yourself and your organization in terms of
what your responsibility is to yourself and to the public as a member of a law
enforcement organization, then I will have achieved a measure of success. The
faith that the American public has in the integrity of a law enforcement officer
is extraordinarily high. We teach our children that law enforcement officers are
their friends. We install technology such as 911 because we believe law enforcement
will respond to our cries in time of need. When the word of an officer is challenged
by a single defendant, most people believe the officer. When officers arrive at
the scene of a crisis we all breathe a sigh of relief. When the public does not
know whom to call about a problem, they usually will call the police. Finally,
many recent public opinion polls confirm that confidence in the police is far
higher than professions, business firms and departments of government. The
American people are not naive. They realize some officers will occasionally stray
from the straight and narrow. The public does have, however, an almost blind faith
that the organization will identify these officers and punish them. To maintain
the public's trust in law enforcement, each department and our courts give the
law enforcement offender punishments that are probably twice as severe as what
other citizens receive for similar offenses. This is to be expected and it is
the price one pays for holding a position of public trust. We have earned
this trust through our hard and courageous work, the sacrifices of the officers
who have been slain and injured in the line of duty and through the conduct of
our personal and professional lives. We have a great pride in integrity of our
profession and we all suffer when a few of our comrades bring dishonor to our
profession with behavior that is dishonest, brutal, unprofessional or intellectually
inferior. Without the trust the public has placed in law enforcement officers
and the various local, state and federal law enforcement agencies, our jobs would
be extremely difficult, far more dangerous and lacking the satisfaction we enjoy
in our work. Thus trust is a critical and precious commodity for effective law
enforcement. At the same time it is a very fragile commodity. Consider the
problems of the Central Intelligence Agency, whose actions caused mistrust of
Congress. ATF has had similar problems because of its raid on the Branch Davidians
at Waco, Texas. The FBI is struggling to maintain its level of public trust following
allegations of a cover-up after the incident at Ruby Ridge in Idaho. Our
friends in the mass media are having a field day exploiting the allegations of
incompetence and malfeasance. Reality has been set aside in these discussions.
The critics' theme is that a violation of the sacred trust between the public
and law enforcement has occurred. Who is right in this argument is not important.
What is important is that the American public is extremely sensitive about violations
of trust by anyone: be it law enforcement, members of the clergy, school teachers,
politicians, lawyers or businessmen. The press views itself as the watchdog of
society and thus jumps on allegations of impropriety with both feet. Few people
or organizations, whether innocent or guilty, survive the onslaught of media coverage
unscathed. It is often a cruel process devoid of justice. It is a process that
we cannot individually change, although in some cases an aggressive, proactive,
honest response to the initial allegation produces favorable results.
Power Lord Acton said, "Power tends to corrupt..."
Notice he said tends to corrupt not that it was automatic. If an individual does
not have the defenses of good character, self-discipline and integrity, then the
corrosiveness of power will begin to erode the distinction between good and evil
in our daily lives. Police officers are given enormous power by the public
so they can perform their job. In many situations a police officer has more power
than the President of the United States, members of the judiciary and Congress,
mayors and governors. The badge, the hat, the weapon and the uniform are symbols
of the officer's power and often people turn to these symbols for guidance, leadership
and resolution to problems when other departments of government have gone home
for the day. The problem we all have as police officers when dealing with
the power inherent in our jobs is how to use it wisely. All too often we use it
without thinking of the consequences. We have a tendency to believe that since
we have power we are above the law! At times we think we are doing God's work
and that the means we use to reach a desirable end-product are justified. Occasionally
we believe that since we have power, people should do exactly what we say! Finally,
some of us have a tendency to believe that since we have power people should treat
us with respect, defer to our wishes and seek our friendship and association. The
stupid free cup of coffee situation -- one which we have all experienced -- brings
the problem of power right down to the bottom line. Ask yourself why do we occasionally
get a free cup of coffee? It is not because we are beautiful people is it? No,
it is because we have power. I do not know what the motives of the givers are
or what may ever be asked of us in return for the gift -- most likely nothing.
I do not think a free cup of coffee is going to corrupt our moral fiber or force
us to bestow a return favor at some time. The problem the free cup of coffee presents
to us is simply, where do we want to draw the line with people who want to curry
favor? I would argue that the prudent and wise young patrolman, the senior
sergeant and detective, and the upper level management of any law enforcement
organization, should draw the line extremely close. Accept nothing that recognizes
the power of the position or the organization. Not because of the gift itself,
but because the gift makes the recipient aware of the potential of power. Once
the potential of power is realized it can be perverted in our mind. Few of us
realize that our powers are very limited! Many of us think our powers give
us special entitlements. Some of us think we are above the law, above criticism
and above reproach. When we abuse our power we find this was not the case at all!
We have no special privileges. God is not answering our calls for help for things
we did in his name. Our peers look upon us as if we have leprosy and turn their
self-righteous backs. Corrupt law enforcement officers do not become corrupt
overnight. It often takes years of abusing their power before they find themselves
in situations that may result in illegal acts. The length of service of officers
found in violation of the law, or in serious violation of department regulations,
is usually between eight and 10 years. Upon review one finds these are people
who could never draw any line between right and wrong. Almost without exception
individuals become corrupted gradually, beginning with minor transgressions and
evolving into more serious offenses. Often these are people who rationalize their
behavior by saying, "everybody does it," or "I deserve it because
I am not paid enough." Or perhaps the say, "this is my due for doing
a job that is lousy!" That rationale, my friends, is pure and simple bullshit!
Racism Accepting gifts, favors, or money based upon the power
of your position is only one form of corruption with which law enforcement must
deal. We also deal, on a daily basis, with individuals who abuse power in their
relationship with people of another color, sex, or nationality. Racism is particularly
egregious if only one of the parties has power. This is usually the case if a
law enforcement officer is involved. If we allow our hatred of another race to
influence our thinking or actions in our dealings with people we hold in contempt,
then we are certainly abusing our authority. The basic nature of our job
is to be fair-minded, to judge each situation on its own merit. Each time we allow
our prejudices to enter our decision-making process, our judgment becomes flawed
or suspect. Racism can only exist in a narrow mind -- a mind that makes decisions
based solely on a single visible factor, skin color. Law enforcement officers
should be more intellectually superior than that. I think most of us are! However,
if only a small percentage of officers is racist, bent on inflicting punishment
on people they hate, then the entire criminal justice system has a serious problem.
For example, I do not know if Mark Furhman is a racist. He was portrayed as a
racist by the press based on his comments to a screen writer. His words tainted
the reputation of an entire police department and an entire profession. So
if you are a racist you should give pause and think. Is it going to do you any
good to have such an attitude? Is it going to affect your judgment and your actions?
Will this attitude eventually cause you to abuse your power? Is this attitude
hindering your development as a person of good character? Ask yourself this
question, "Is it worthy of me to treat people as members of a group, identified
by the color of their skin?" If the answer troubles you, then it is time
to change your attitude. A racist attitude in combination with the power and authority
of a law enforcement officer can produce consequences that will affect you the
rest of your life. Finally, how would you like to be considered by everyone just
on the basis of being a member of a group? Being judged dumb merely because you
are a cop is particularly galling. Sexism Until
1972 law enforcement was generally a domain populated by males. Being macho was
expected and considered an informal job requirement. Since the passage of the
Civil Rights Act of 1972, however, women have entered our profession in great
numbers. Today more than 10% of law enforcement officers in the United States
are women. In addition, a majority of a department's support staff is made up
of women. Adjusting to women in the workplace has been a difficult task for many
male officers. After a review of court cases involving sexual harassment,
many departments have adopted a policy of zero tolerance for any form of sexual
harassment. Those departments that have not adopted such a policy should do so
forthwith or otherwise subject themselves to a serious level of liability for
their employees' actions. It has been difficult to change long held attitudes
between men and women. It will, probably, take several more generations before
fully adequate changes are achieved. Therefore in the present work environment
the best course of action is to treat everyone you meet, and work with, as if
they were gender-neutral. It is the wise officer who understands that the
work environment is very contentious. It is an environment over which individuals
have very little control. The slightest affront to a member of the opposite sex
can bring forth allegations of sexism or sexual harassment. Needless to say, even
an allegation of sexual harassment is enough to have serious implications on your
career and family. For the time being, the best defense against the dangers of
this environment is to place yourself above it in both word and deed.
Brutality Brutality under color of law is never acceptable.
Reasonable force to effect an arrest or to protect your life, or the life of another,
is acceptable. Brutality occurs most often after a subject has been subdued and
effectively incapacitated. After this point has been achieved in the arrest, and
regardless of the verbal or physical actions of the subject towards the officer,
both state and federal statutes explicitly forbid any further form of punishment.
While a shot of pepper spray or tightening the handcuffs may seem justified and
appropriate in some cases, rest assured they are not and will be viewed dimly
by any review process. We must train ourselves to instantly shift our emotional
gears after the subject has been subdued. The subject must be treated with great
care and caution. This is both for the protection of the subject and ourselves.
Many subjects today are under the heavy influence of either drugs or alcohol.
Once constrained, the chances of these individuals dying a natural death while
in our custody is significantly increased, particularly if we are not aware of
the dangers of various constraints upon the physiology of people under the influence
of drugs. Never, under any circumstances, tolerate a fellow officer, or
a senior officer brutalizing a subject. It may be the most difficult decision
of your life, but you must do what you can to stop the brutalizing actions of
a fellow officer. By your actions, you may save both the officer's career and
your own. You may be vilified in the short term by your fellow officers, but in
the long term you will gain respect. In the area of criminal misconduct on the
part of a fellow officer you must draw a line between what is right and what is
wrong. If you do not take a firm stand on the issue of right and wrong conduct,
then it will only be a short period of time before you are drawn into activities
that are also considered wrong. Organizational Safeguards It
should be obvious to those in charge of law enforcement organizations that the
job of a police officer in terms of maintaining personal integrity is extremely
difficult given the nature of the job and the temptations that go with the territory.
Unfortunately, in many organizations this concept does not appear to be so obvious!
Far too often we give young officers a badge, a gun, and send them into corrosive
environment without a clue as to how to protect themselves morally, ethically,
or spiritually. This is not right! I would strenuously argue that if officers
were given rules, regulations, policies and procedures for what to do when encountering
difficult situations on the job there would be far less misconduct. This is not
to say you can have rules for every contingency. The situations encountered by
officers on the street are far too varied and complex to have rules of encounter
for each situation. Officers must be given a reasonable amount of discretion in
order perform their jobs effectively and efficiently. To learn the proper
use of discretion officers need the guidance of other experienced officers, and
sergeants, on a daily basis. This can be done in a informal atmosphere by pairing
less experienced officers with more experienced officers on a rotational basis,
or it can be done as part of roll call training. It can also be done by sergeants
when they get out of the office and on the streets with the troops. To further
make this point, if officers were given special training in how to psychologically
and spiritually handle the corrosive influences of what they observe in our society
we would have fewer of them trying to solve their personal problems with alcohol,
drugs, or greed. Yet few of these type programs are in place! I am not arguing
that individuals are not responsible for the consequences of their own actions
and I am not arguing that the organization is to blame for each and every individual
act of misconduct. What I am saying is that the organization and its leaders have
a responsibility to the rank and file to help them resist temptations, make good
decisions, and reward them for professional behavior. Following are some suggestions
as to how this can be done. Selection In recent
years, there has been an abundance of highly qualified applicants for positions
in law enforcement. The problem some departments have experienced is how to obtain,
and sustain, a workforce that is in proportion to the racial, ethnic, and sexual
composition of society. This is the most difficult task in the selection process.
Some departments have lowered employment standards in order to achieve this balance.
While this solves a short term problem it has produced long term headaches for
persons who should have never been hired in the first place. The solution to this
problem is two fold. First, do not lower employment standards, and second, place
more emphasis and dollars on recruiting qualified candidates for the position.
There are plenty of examples in law enforcement of departments that have accomplished
success in the selection and recruiting of quality minority candidates. Using
EEO regulations, ADA requirements, or the threat of lawsuits as an excuse for
hiring unqualified persons is no longer acceptable reasoning. The selection
standards must be demonstrably job related. But over and above standards is the
consideration of the applicants previous behavior. As my mother used to say, "A
leopard never changes its spots"! In terms of selection the best predictor
of future performance is past performance. There are some selection systems which
probe this concept on the market. However, if a formal program is beyond the financial
capability of the department then best method for determining an applicants' past
performance is the employment interview and the background investigation. If these
two aspects of selection are be emphasized the resultant quality of employees
will be greatly enhanced. Training We all know
the value of training in law enforcement. What has always been a puzzlement, however,
is why training is the first thing cut during times of reduced budgets. Most of
the training dollars in law enforcement organizations are spent on entry level
training. The higher one goes in the rank structure of an organization the less
training is offered. This has been a problem in law enforcement organizations
for years and is not about to change in the near term future. However, in terms
of recruit training we must bear in mind that the applicant does not come to us
in a virginal state. The new recruit is not without long held opinions and attitudes,
some good, some perhaps not so good! They have character traits which are substantially
formed. Some of these traits go well with a law enforcement career, but other
character traits held by the recruit may be a serious hindrance to success in
our line of work. The question then becomes, "How does a law enforcement
organization ensure that it's values are held by the recruit?" First, a law
enforcement organization needs to have an operating set of values. Not all departments
have a written, formal set of values. This needs to be done. Once the statement
of values is finished they should not be just posted on the wall, rather they
should be inculcated into department policies, procedures, and operational tactics.
One such policy would be to include a substantial block of time in the recruit
training curriculum learning the values of the department and being exposed to
the culture of the organization. The policy should also include the requirement
that value education be part of all in-service training programs. First line supervisors
should be afforded a special in-service training program on how these supervisors
insure that departmental values are followed in every aspect of the organizations
work. Policies, Procedures, Rules, and Regulations All
of the above should be formulated from the statement of values subscribed too
by the department. We cannot have rules which are in conflict with our values.
There must be a consistency. Nor can we have these statements of conduct just
for patrolmen! The rules must equally apply to every employee of the department
regardless of rank! For example, if a department has a stated value which says
that the integrity of the department will never be compromised, then policy and
regulations will be written which will forbid any employee from taking a gift.
This would include that stupid cup of coffee mentioned previously as well as a
free game of golf for the Chief. Values are a way of life for every member of
a department. Simply put, departmental policies, procedures, rules and various
regulations should be written to protect the officers, not as a vehicle to catch
them doing something wrong! This is why the wise police administrator will involve
representatives from every rank in a department to participate in the writing
of the departmental statement of values and the subsequent development of appropriate
policies, rules, and regulations. To draw an appropriate analogy, think
of the game of basketball. Whether the game is formal, or informal, the game requires
the adherence to a commonly held set of values if it is to be played. There are
rules and regulations which everyone must follow. A deviation from the rules is
penalized. Everyone on the floor knows that sportsmanship is valued and rules
must be followed. A violation of the values, or the rules, is appropriately punished.
The referee is the sergeant! Unless the values of the game are respected and the
rules followed by all involved, the game will quickly degenerate into a free for
all. Values and rules make the game of basketball enjoyable, so also can the values,
rules, and regulations of a police department make the job enjoyable and rewarding.
Early Identification System The job of the average police officer
is very demanding. The emotional state of an officer on the job can range from
acute boredom to abject terror, and it can change from one to the other in a second.
By any standard it is a very stressful job. Some people can handle stress well,
others do not! Too much stress can cause behavioral problems and, of course, these
problems cause other problems both on the job and at home! It may well be the
officer doesn't realize the changes which are occurring in his personality or
behavior. Other officers may realize the impact of stress on their lives but are
not capable of doing anything about it. In either case, the officer needs some
help. I think the organization has the responsibility to provide that help! By
providing whatever assistance is required, the organization not only helps the
officer, but also, protects its own integrity. One means to spot officers
in trouble is the establishment of an early warning system designed to spot some
behavioral inconsistencies. This is accomplished by tracking personnel complaints,
involvement in use of force incidents, and information received from supervisors.
Metro-Dade Police Department in Miami is one department which has established
such a system and for those departments without such a system this would be an
excellent example to study. The program includes appropriate psychological services
and a stress abatement program for officers in need of assistance. Naturally,
the program also provides a means by which the department can identify those officers
whose behavior is so unacceptable that termination is the best solution for both
parties. Internal Affairs In the Bureau, we used
to say that members of our Inspection Division were people who came onto the battlefield
after the battle and stabbed the wounded! We lamented that they didn't seem to
be very supportive of Agents under investigation for whatever. They all seemed
to have transferred their loyalty from their fellow agents to some unknown and
unforgiving entity. They were feared! Unfortunately, all organizations,
large and small, need a group of individuals who investigate wrongdoing by other
members of the organization. Whether it be called internal affairs or the inspection
division, the mission of the Unit, or individual, is to protect the interests
and integrity of the organization. Their loyalty can be only to the public, or
its elected representatives. In addition to the investigation of wrongdoing, this
Unit also forces compliance with policy, rules, regulations, and procedures through
periodic review of each department within the organization. The primary mission
of an internal affairs unit is to insure that the trust of the public in the organization
is neither diminished or lost. In my opinion, it would be best if only the most
competent, experienced, and wise officers were assigned to internal affairs. This
offers some protection to officers facing false allegations and it also brings
to the investigation individuals who know how to conduct a thorough, impartial
investigation. It may be that none of us will ever love members of the internal
affairs unit, but we can and must have respect for their integrity and the importance
of their place within a law enforcement organization. Rotation
of Assignment It is my opinion that all officers should be rotated
after a period of two or three years, depending, of course, on the ability to
make such rotations. I would argue this is particularly true for officers involved
in drug, or vice, investigations. It is absolutely true for any officer involved
in undercover operations! A sound rotation policy not only offers some relief
to those involved in investigations in the most corrosive and stressful sectors
of our society, but it also provides an opportunity for the officer to experience
personal and professional growth. Doing the same job year after year can lead
to complacency and a lack of interest. Neither of which is healthy for anyone,
psychologically or physically. Conclusion Given
the nature and volume of work in law enforcement, I suspect we are always in the
process of maintaining or evaluating public trust. The only way to maintain the
level of trust we presently have with the public is constant vigilance and vigorously
policing ourselves. But in the end, it always comes down to the individual. Organizations
can help an individual along with strict values, policies, rules, and regulations,
but if the individual is bent on following a less than honorable life then all
the rules and regulations in the world won't help. Living an honorable life isn't
easy. We all make mistakes, correct them if we can, and grow as a result. This
is our nature. The vast majority of law enforcement officers are honorable persons
and their reward is peace of mind, self respect, and satisfaction that their work
made this country a better place to live. That is not a bad legacy to leave your
sons and daughters! The National Executive
Institute Associates Leadership Bulletin editor is Edward J. Tully. He served
with the FBI as a Special Agent from 1962 to 1993. He is presently the Executive
Director of the National Executive Institute Associates and the Major City Chiefs.
You can reach him via e-mail at tullye@aol.com or by writing to 308 Altoona Drive,
Fredericksburg, Virginia 22401 |