The World of Computer Software/World_Of_Computer_Software-02-387-Vol-3of3.iso/f/fbi92-11.zip/6POV.P20

Text File | 1992-12-07 | 7KB | 173 lines

November 1992


                        POINT OF VIEW:
                   CITIZEN COMPLAINT POLICY

                              By

                        Rickard A. Ross
                           Lieutenant
         Yellowstone County, Montana, Sheriff's Office


     What should law enforcement agencies do if a citizen levels
charges of serious misconduct against their officers?  How
should the officers involved react?  What can departments expect
during the Federal civil rights investigations that may ensue?

     These questions may seem somewhat remote and theoretical
until your department faces such a complaint.  Then, these and a
myriad of related questions instantly take on paramount
importance.  Because charges of serious misconduct may affect
agencies profoundly--perhaps even resulting in calls for a
change in command--department administrators need to institute
procedures for dealing with these types of complaints before
they occur.  With effective policies in place, departments
minimize the negative impact of any ensuing investigation,
restore a sense of goodwill within their communities by
demonstrating a sincere desire to solve the problem, and
accelerate the process of recovery.

DEVELOPING A POLICY

     When developing a civil rights violations policy,
departments need to ensure, beyond a doubt, that adopted
procedures are consistent with Federal constitutional standards.
Further, the policy must effectively balance the legitimate
interests of the community, the department, and the officer(s)
involved.  Once the department establishes the procedures, both
the agency and its personnel must adhere to the policy and act
according to set guidelines.

     Because the image that a law enforcement agency portrays
directly affects public perception of the department,
administrators should also ensure that any complaint policy
includes press and public relations strategies.  An agency can
actually gain public support by handling misconduct cases
professionally, thus creating a positive perception in the
public's mind.  To accomplish this, agencies should provide a
positive climate for relations between the department and the
community through effective and accurate public information and
education programs.

     Additionally, administrators should continually work to
cultivate a professional relationship with members of the news
media.  When reporters inquire about a specific complaint,
administrators should limit responses to actions the department
is taking to complete any internal investigation.  When talking
to the press directly after an incident, administrators should
avoid blindly defending the officer(s) involved or the
department.  Likewise, they should not talk "through the press"
to condemn the allegations.  Instead, administrators should wait
for factual information uncovered during the investigation and
then defend the accused and the department from any
unsubstantiated complaints or allegations.  Most importantly,
administrators should keep the news media and the public
informed on actions being taken by the department to correct any
factors that contributed to the incident.

DISCIPLINE

     A strong commitment to discipline should complement the
department's citizen complaint policy.  Of course, the need for
discipline transcends any one incident, but a sound code of
conduct will prove invaluable in restoring morale within
departments should such complaints occur.  In this sense,
discipline must be a full-time commitment, and administrators
should ensure that supervisory line officers stress acceptable
codes of behavior to subordinates on a regular basis.

     An effective discipline policy includes:

     .  Proper recruiting and selection of officers

     .  Adequate training and retraining

     .  Publicized rules of ethics and conduct

     .  Consistent leadership and supervision

     .  Coaching and counseling

     .  Regular performance evaluations

     .  Prompt corrective action against inappropriate attitudes
        or conduct.

Even apparently minor deterioration in discipline among officers
may lead to serious problems for a department.

     A study in a large midwestern agency, where 756 complaints
were alleged in 1988 and 1989, identified 29 officers who were
involved in nearly one-half of the allegations.  The study
further identified common traits among these offending officers,
including poor report writing and use of authoritarian,
unconciliatory, and demeaning language when dealing with
citizens.  In addition, these officers generally exhibited an
excessive focus on muscle building, hid behind mirror sunglasses
when dealing with citizens, and routinely carried two sets of
handcuffs. (1) If administrators had detected early signs of
declining discipline among these officers (each of whom had at
least nine complaints against them) and had acted to correct the
problems, then perhaps complaints of serious misconduct could
have been avoided.

USE OF FORCE REPORT

     Fortunately, agencies have several means to monitor the
actions of sworn personnel.  One of tremendous potential value is
the use-of-force report.  This confidential report, which should
be used only as an internal administrative instrument, provides
valuable information impacting upon officer conduct.

     The wide range of potential problem areas that use-of-force
reports can help agencies identify include:

     .  Training deficiencies

     .  Problem assignments, activities, or locations

     .  Potential liability situations

     .  Unidentified causes of confrontation and

     .  Misinterpretation/misapplication of policy.

By compiling statistical information from these reports,
agencies can work to improve the actual and perceived conduct of
officers.

CONCLUSION

     Those of us in law enforcement maintain a trust with the
citizens we serve and protect.  When officers betray that trust,
the effects can be devastating, not only within the department
but also within the community.  Residual loss of public support
may continue to harm the department long after the specific
incident is forgotten.

     When a citizen lodges a complaint, the agency must make a
good faith effort to identify and correct the problem,
preferably before Federal authorities initiate an investigation.
Administrators should thoroughly investigate misconduct
complaints, even though information uncovered may be used later
against the officer(s) or the department.  Although  a
well-conducted investigation may point to the need for changes
in inadequate policies and procedures, the positive impact will
outweigh any potential negative consequences.

     No department enjoys internal investigations.  However,
where allegations of misconduct exist, law enforcement managers
must uncover the truth.  An established complaint policy helps an
agency to not only correct any factors that led to the
allegation (if the charge is founded) but also to maintain
public confidence in law enforcement and enhance recovery within
the department.


ENDNOTE

     (1)  Recommendations of the task force on the use of force,
Kansas City, Missouri, Police Department, January 1991, page 45.