Public Service with Honor

U.S. Department of Justice Police Integrity Public Service With Honor

A Partnership Between the National Institute of Justice and the Office of Community Oriented Policing Services Police Integrity Public Service With Honor

A Partnership Between the National Institute of Justice and the Office of Community Oriented Policing Services

Project Managers

Stephen J. Gaffigan Senior Policy Analyst Office of Community Oriented Policing Services

Phyllis P. McDonald, Ed.D. Social Science Analyst National Institute of Justice

January 1997

i Police Integrity

U.S. Department of Justice

National Institute of Justice Jeremy Travis Director

Office of Community Oriented Policing Services Joseph E. Brann Director

Opinions or points of view expressed in this document are those of the participants and do not necessarily reflect the official position of the U.S. Department of Justice.

NCJ 163811

ii Foreword

Integrity is universal to the human experience; symposium of representatives from the United it can be considered the measure of an indi- Kingdom, the Netherlands, Sweden, Belarus, vidual, an agency, an institution, a discipline, or Nicaragua, Haiti, El Salvador, and Honduras. an entire nation. Integrity is a yardstick for During the 2 1/2 day meeting, participants and trust, competence, professionalism, and confi- speakers agreed that understanding how to dence. Deep within every human being is the establish and maintain integrity was a common subconscious ability to interpret behavior and concern for law enforcement. Further, in his events as a mark of integrity or a violation of synthesis remarks, Mark Moore of the Kennedy trust. It is this universal tendency that makes School of Government, Harvard University, the study of integrity complex, challenging, observed that the pursuit of integrity within and important. one’s profession is paramount to an Policing in a democracy requires high levels of individual’s self-respect and true work satisfac- integrity if it is to be acceptable to the people. tion. There was also a clear understanding of Historically, in the United States, there have the tragic consequences that would befall the been many times when public trust in the profession, indeed our very democracy, if there integrity of the police has been questioned. was a serious erosion of integrity. Events in the 1990s eroded public trust in the What followed was an intense brainstorming integrity of the police; this situation has re- session that allowed participants the opportu- sulted in a closer scrutiny of the profession and nity to hear from one another and begin the its responses to this critical issue. This concern, dialogue toward finding more effective solu- as expressed by citizens and law enforcement tions. The general consensus following the professionals, motivated the Office of Commu- symposium was that the discussion of police nity Oriented Policing Services (COPS) and the integrity has been broadened from a narrow National Institute of Justice (NIJ) to assemble a focus on police officers’ behavior and internal group of law enforcement personnel and other investigations of corruption to an understand- professionals in a national symposium to ing of the importance of other factors. These examine the issue of integrity. included leadership, command behavior, In July 1996 the National Symposium on supervision, organizational structure, selection, Police Integrity took place in Washington, D.C. hiring, training, the disciplinary system, the The 200 participants included police chiefs, police subculture, community values, and sheriffs, police researchers, police officers, political and economic conditions. Participants members of other professional disciplines, explored how these factors could affect behav- community leaders, and members of other ior. They also recognized that the protection of Federal agencies. This participant mix was civil liberties as prescribed by the U.S. Consti- particularly noteworthy because it reflected tution is fundamental to guaranteeing the diverse views of individuals who typically had personal dignity of all people. not been at the same table in the past. That the Another example of the need to broaden the issue of police integrity attracts international discussion of this issue was illustrated by the concern was evidenced by attendance at the

iii Police Integrity

desire to learn more from those law enforce- integrity issue. Such analyses exist in the form ment organizations that historically have had of several publications that focus on particular little or no problem around the issues of integ- elements of this issue (e.g., use of force). rity and ethics. These “healthy” organizations Rather, this report suggests a broader frame- are quite numerous throughout the country, and work for how we should think about this issue there is much to be learned about why and how in the future and what actions might be neces- they have been able to maintain high standards. sary on the basis of the scrutiny given it by We can learn at least as much from examining symposium participants. what is right in police organizations as what is We both are very satisfied with the progress wrong in them. to date. We are especially enthusiastic about The presentations and small group working and encouraged by the high levels of interest sessions that took place at this symposium expressed by practitioners, researchers, and generated many ideas and recommendations others concerned with law enforcement. More from participants. The results of these delibera- importantly, we are confident that the National tions are presented and discussed in further Symposium on Police Integrity represents a detail in subsequent sections of this report. In profound new beginning toward a renewal of the months following the symposium, we have respect for the police and a new drive by law worked with staff in analyzing this information enforcement professionals to protect the per- to identify specific actions that our offices can sonal dignity of both victims and offenders initiate to continue the important momentum and the public trust of citizens. We encourage that began with this event. This COPS Office all members of the law enforcement commu- and NIJ joint action plan—which is included in nity to continue their commitment to work on this report—was submitted to the Attorney this critical issue at all levels of our profession General for her review and approval. It repre- and to consistently demonstrate a willingness sents the commitment of the U.S. Department to act decisively whenever necessary to enhance of Justice to continue collaboration with the the level of integrity in our democracy. law enforcement profession in search of improved responses to the integrity issue. Joseph E. Brann, Director We both are proud to present this report. It Office of Community Oriented Policing Services represents the thinking that took place at the symposium, the ideas that were expressed, and Jeremy Travis, Director the recommendations that were made. It is not National Institute of Justice meant to be a definitive analysis of the police

iv Acknowledgments

Sheldon F. Greenberg, Ph.D., Associate Profes- Texas, Sam Houston State University; William sor and Chair, Department of Interdisciplinary A. Geller, Associate Director, Police Executive Programs, School of Continuing Studies, The Research Forum; Frank Monastero (retired), Johns Hopkins University, Baltimore, Mary- U.S. Department of Justice, Drug Enforcement land, is to be commended for his many contri- Administration; Mark Moore, Kennedy School butions to the National Symposium on Police of Government, Harvard University; Gilbert Integrity and the proceedings of that meeting. Gallegos, Fraternal Order of Police; Philip He devoted many hours arranging the work Arreola, Police Chief, Milwaukee, Wisconsin; group meeting that took place in Baltimore in Johnnie Johnson, Jr., Police Chief, Birming- March 1996 and lining up a trainer for the work ham, Alabama; Mary F. Rabadeau, Chief, group facilitators prior to the event. Most New Jersey Transit Police; Jerome A. Needle, significantly, following the symposium, Dr. International Association of Chiefs of Police; Greenberg summarized the intellectual and Jerome H. Skolnick, New York University; and action-oriented themes of the symposium for Stephen Vicchio, Chair, Department of Philoso- final publication. phy, College of Notre Dame. Work Group Symposium Moderators In addition to COPS, NIJ, and other DOJ staff, The symposium sessions were moderated by special thanks is extended to the following Ellen Scrivner, Assistant Director, Training and members of the Police Integrity Work Group Technical Assistance, COPS Office, and Sally who were so instrumental in helping to plan the T. Hillsman, Deputy Director, NIJ. national symposium: Conference Facilitators and Recorders Sheldon Krantz, Piper & Marbury L.L.P.; Mary Small group discussions were an important part Ann Wycoff, Police Executive Research Forum; of the symposium. The following professionals Judge Milton Mollen, Graubard, Mollen & participated as facilitators of the small groups: Miller; William K. Finney, Police Chief, Saint Paul, Minnesota; George Kelling, Professor, Steven Edwards, Social Science Program Rutgers University; Jimmy O’Keefe, Director Manager, NIJ; Sam McQuade, Social Science of Training, New York City Police Department; Program Manager, NIJ; Sheldon Greenberg, Dave Williams, Assistant Chief, Portland Police Chair, Department of Interdisciplinary Pro- Bureau; Michael Berkow, Police Chief, grams, The Johns Hopkins University; Tom Coachella, California; Tom Koby, Police Chief, Potter, former Police Chief, Portland, Oregon; Boulder, Colorado; Jerry McElroy, Executive Marcia Chaiken, Director of Research, LINC, Director, New York City Criminal Justice Alexandria, Virginia; David Hayeslip, Assistant Agency; Sheldon Greenberg, Chair, Depart- Director, Policy Support, Program Develop- ment of Interdisciplinary Programs, The Johns ment and Design, COPS Office; Gayle Fischer- Hopkins University; Elizabeth M. Watson, Stewart, Consultant; Tom Koby, Police Chief, Police Chief, Austin, Texas; Gerald L. Boulder, Colorado; and Michael Berkow, Police Williams, Executive Director, Bill Blackwood Chief, Coachella, California. Law Enforcement Management Institute of

v Police Integrity

Recorders were assigned to work with each of Final Report Editing the group facilitators to assist in documenting Special recognition and thanks to Jim Sweeney, the ideas and recommendations that emanated Acting Assistant Director, Communications from their work. The following staff provided Division, COPS Office; Mary Graham, Publi- this invaluable service: cations Manager, NIJ; and Gayle Garmise, Tammy Rhinehart and Christine Whitledge of National Criminal Justice Reference Service the COPS Office and Robert Kaminski, Jeffrey editor. Ross, Stephanie Borque, Winnie Reed, and Richard Lewis of NIJ.

vi Table of Contents

Foreword ...... iii Acknowledgments ...... v Executive Summary ...... 1 Chapter 1: Introduction and Background ...... 7 Chapter 2: Keynote Addresses ...... 11 Ethics and Police Integrity: Some Definitions and Questions for Study, Stephen J. Vicchio, Ph.D...... 11 Integrity and Ethics: A Federal Perspective, Janet Reno, Attorney General of the United States ...... 17 Chapter 3: Plenary Sessions ...... 23 First Plenary Session ...... 23 Second Plenary Session ...... 26 Third Plenary Session ...... 29 Fourth Plenary Session ...... 34 Fifth Plenary Session ...... 37 Chapter 4: Small Group Working Sessions on Integrity and Ethics ...... 41 Recommendations ...... 52 Model Practices ...... 56 Chapter 5: Epilogue ...... 59 Appendixes Appendix A: Attendees ...... 71 Appendix B: Selected Issue Papers on Plenary Panel Presentations ...... 81 Appendix C: Bibliography of Related Sources ...... 93

vii Executive Summary Executive Summary I. Significance of the Event critical issues such as corruption and excessive use of force, these approaches had, in fact, The National Symposium on Police Integrity, revolved around single dimensions. As a result, sponsored by the Office of Community Ori- the solutions were constricted in that they were ented Policing Services (COPS) and the Na- derived out of a need to control unwanted tional Institute of Justice (NIJ), was held July behaviors of individuals. In comparison, police 14–16, 1996, in Washington, D.C. Some 200 integrity guided the focus to the broader do- participants represented a historic gathering of main of developing a healthy organization that law enforcement executives, researchers, police would serve to reinforce and maintain the good officers, labor organizations, community and character and constructive motivations of many political leadership, and related disciplines. of the individuals joining the ranks of law The purpose of the meeting was to provide a enforcement. forum for discussion of a special set of policing The format of the national symposium con- issues that had been receiving extensive media sisted of two keynote addresses, a series of attention. Incidents of major corruption, exces- panel presentations by well-respected individu- sive use of force and brutality, and other forms als speaking on behalf of the interests repre- of abuse in law enforcement agencies around sented, small group discussions to explore the country had become prominent news items. more thoroughly the ideas presented, and a These issues were not new ones for law en- concluding synthesis by another well-known forcement. Nonetheless, law enforcement and highly qualified police policy researcher. leaders and others perceived that new forms of old problems may be at the center of the issue. Three Strategic Tracks Therefore, it was time to examine them again Looking back at the process and outcomes of and search for new solutions. The U.S. Depart- this national discussion, it was clear that three ment of Justice responded with the National parallel tracks emerged: an intellectual domain, Symposium on Police Integrity. a personal consideration, and a set of actions A work group was convened in March 1996 to representing a continuation of the symposium provide direction for an agenda. Perhaps the discussions. Mark Moore, Harvard University, most important aspect of this work was select- described all three in his synthesis of the ing a title for the symposium since language symposium. often determines direction. Terms such as Intellectual. The focus on the intellectual “officer discretion” and “police accountability” domain broadened the conceptual thinking were considered. However, when the term about this issue. It included identifying organi- “police integrity” was put forth, all members zational, structural, and community consider- concurred that this was the most appropriate ations that were critical to establishing and language for the issue at hand. maintaining healthy law enforcement organiza- A focus on “police integrity” opened a whole tions and that positively reinforced the qualities new domain. Although previous research, of its members. study, and experimentation had focused on

1 Police Integrity

Personal. Mark Moore described the personal community policing training and component of the deliberations in terms of the technical assistance. All of these insti- significance of police integrity for both leaders tutes will be encouraged to incorporate and police officers. An organization that has the subject of integrity and ethics into integrity gives members job satisfaction. their curriculums, with one or more of Without that, the badge, so to speak, is tar- these institutes developing a strong, nished, resulting in a sense of failure or loss. programmatic emphasis on integrity and ethics issues. Actions. The small group discussions yielded a series of action steps that can be pursued to ❑ COPS will include articles on commu- begin the process of seeking resolution for the nity policing, integrity and ethics issues, issues brought to the table. The small group and descriptions of model practices and recommendations are summarized in Chapter 4. programs in this area in bulletins for national dissemination. Finally, Attorney General Janet Reno’s keynote address recognized that the work of the sympo- ❑ NIJ awarded grants for research on sium should not be considered an end point but police integrity based on priority topic rather a beginning. She requested that a report areas identified at the national sympo- be prepared that outlines an action plan to sium. NIJ will continue to broaden its enable NIJ and COPS to continue the work efforts in this area. The Office of Sci- suggested by the symposium participants. ence and Technology (NIJ) has a similar commitment to focus on technology II. The NIJ/COPS Action Plan that may support the development of Following the national symposium, COPS early warning tracking systems in the and NIJ staff began to develop a plan for the interest of prevention for police person- upcoming year based on the ideas and recom- nel. mendations developed during the symposium. ❑ Both COPS and NIJ are considering The plan is designed to develop the issues as ways to initiate case studies of depart- well as implement some of the small groups’ ments that have an excellent track recommendations. record pertaining to integrity. The focus The objectives of the action plan are to struc- of these studies will be on departments ture future opportunities for expanded dialogue that are fully implementing community on critical integrity issues in venues closer to policing and have successfully altered the State and local practitioner communities internal systems that have an effect on and to produce tangible and useful products integrity as part of that process and on for the law enforcement community. “healthy” police agencies that have a demonstrated history of high standards The basic elements of the action plan are as of integrity and ethics. Both offices are follows: exploring ways to convene expert work ❑ COPS issued a solicitation in November groups to catalogue for dissemination 1996 to establish several Regional state-of-the-art thinking on internal Community Policing Institutes through- systems necessary for integrity mainte- out the country primarily to deliver nance.

2 Executive Summary

❑ COPS and NIJ will sponsor regional III. A Summary of the Small Group workshops to enable more State and local practitioners to become involved Recommendations for Consideration in constructive discussion relating to Work groups were structured so participants integrity issues. These regional work- could react to the symposium presentations. A shops will resemble the structure of the trained facilitator was assigned to each group. national symposium. Practitioner Many of these issues have been analyzed by participants will be provided all re- COPS and NIJ staff for immediate action and sources gathered to date and an oppor- have been included in the action plan presented tunity to contribute their unique experi- above that was approved by the Attorney ences and perceptions to the national General. The remaining recommendations will discussion. be discussed further and analyzed during the ❑ A number of the recommendations of course of regional workshops scheduled for the national symposium will be acted next year, and they will be presented as part of upon immediately in order to prepare a future action plan in the second report sub- for the regional workshops: Videotapes mitted to the Attorney General in the fall of of symposium speakers will be dupli- 1997. cated; a workshop with representatives Small group discussions centered around the of police leadership/executive develop- following principal symposium topics: ment programs and representatives of ❑ A general approach to the issue of State training commissions will be integrity as presented by representatives conducted; a work group of representa- of other disciplines and law enforce- tives of other disciplines to identify ment executives. working models of integrity mainte- nance will be convened; and copies of ❑ The related issues of leaders, organiza- the national symposium report will be tional structure, and the police subcul- reproduced for distribution. ture. ❑ At the end of fiscal year 1997, a status ❑ Police officers’ perspectives. report on the police integrity initiative ❑ Internal subsystems and external forces will be prepared for the Attorney Gen- that had an impact on the behavior of eral. This report will document progress law enforcement members. made on the preceding action plan, and it will address the remaining recom- The proposals can be grouped as follows: mendations for future actions on the Training and Training Materials part of the U.S. Department of Justice. ❑ Convene a national workshop inviting These additional recommendations will representatives from the leading police evolve from those presented at the executive leadership development national symposium and will be dis- programs throughout the country and cussed further at the planned regional representatives of State-level training workshops during fiscal year 1997. commissions to discuss integrity and ethics in curriculums for greater effectiveness in training programs.

3 Police Integrity

❑ Develop a series of curriculum method- ❑ Study the relationship between higher ologies to infuse integrity across recruit, education and quality police service. inservice, supervisory, and executive ❑ Study the handling of citizen com- education and training programs. plaints. ❑ Develop videotapes for police training ❑ Study nonpunitive approaches to deal- programs of selected presentations from ing with integrity violations that are not the national symposium. criminal acts. ❑ Prepare a collection of curriculum ❑ Study police members who violated the outlines and lesson plans to establish a public trust to identify causal factors base of information on the nature of and ways to prevent these actions on the integrity-related training for national part of other members. dissemination through the National Criminal Justice Reference Service ❑ Study supervisory training, preparation, (NCJRS). and accountability practices for maintaining integrity for supervisors and Research and Related Program Initiatives their subordinates. ❑ Ensure that perspectives on integrity ❑ developed at the symposium are incor- Develop tracking systems to monitor porated into existing and planned police members throughout their ca- initiatives supported by NIJ and COPS. reers, including early warning systems, education, evaluations, recognition, and ❑ Develop and implement a national disciplinary actions to provide special “train the trainers” program to create a assistance when it seems a problem corps of instructors versed in the theory may arise. and practice of integrity and ethics to ❑ create consistency and quality in the Study labor organizations, their per- instruction being provided to police spectives on the issue, and their impact personnel. on police behavior. ❑ ❑ Assess entry-level screening and hiring Compare the perception of integrity and processes to identify reliable predictors ethics among police members to citi- of ethical behavior. zens’ perception of police performance. ❑ ❑ Identify and/or develop new models of Compare new recruits to experienced performance evaluation to enhance and police members to determine why some encourage professional behavior. succumb more readily to temptations. ❑ ❑ Identify characteristics of officers, Identify links between the police and supervisors, and executives who have a the community that may either mini- proven track record of performance mize the potential for violations or with integrity. Explore positive reinforc- reinforce behavior in the interest of the ers of positive behavior and develop public. models. ❑ Study arbitration rulings to evaluate ❑ Assess citizen oversight of police their impact on police behavior over agencies. time.

4 Executive Summary

❑ Study the correlation between psycho- ❑ Identify and collect models for educat- logical screening data and future viola- ing elected officials on police integrity, tions of public trust to identify reliable the police subculture, and related predictors. issues. These programs may derive from professional associations and ❑ Study the estimated cost of integrity other disciplines. violations to the individual police officer, the agency, and the community. ❑ Identify and collect model marketing Dissemination of Model Program Elements strategies that have been implemented ❑ in large- and medium-sized law en- Design model subsystems, e.g., screen- forcement agencies. ing, hiring, training, performance evaluations, disciplinary programs, Continuing the Dialogue citizen complaint processing, and field There were several recommendations related to training programs, to establish and continuing the dialogue initiated at the national maintain integrity within a law enforce- symposium to further develop the issue and ment organization. introduce new concepts or programs to estab- ❑ Establish a National Institute on Police lish and maintain integrity. They include the Integrity and Ethics to provide a long- following: term, ongoing commitment to improv- ❑ Conduct a series of regional workshops ing and maintaining integrity in public with practitioners to provide an oppor- service. tunity to share the developmental work ❑ Identify and collect model practices that has occurred and to contribute to it. applied successfully in other disciplines ❑ Convene a work group consisting of to establish and maintain integrity. representatives from law enforcement ❑ Identify and collect model mission and agencies, civil rights organizations, values statements that support integrity labor organizations, and civil rights development. enforcement agencies to examine the impact of external forces on police ❑ Identify and collect model media behavior and to generate common relations programs that have success- actions acceptable to all parties. fully focused the community on police ❑ integrity. Convene a series of workshops on state- of-the-art thinking on specific issues ❑ Identify and collect best practices such as internal auditing, recruitment designed specifically for small- to mid- and selection, performance evaluation, sized law enforcement agencies that do entry-level and inservice training, early not have staff dedicated to training, warning systems, peer review systems, planning, or internal affairs units. and internal affairs and citizen com- ❑ Identify and collect nontraditional plaint processes. This would be a employee recognition systems in law precursor to the specific research enforcement agencies and other profes- projects recommended under “Research sions. and Related Program Initiatives.”

5 Police Integrity

❑ Convene a series of meetings, focus groups, and/or public forums to engage the public in indepth, open discussions on the purpose of United States’ police organizations and the issue of integrity and the public trust. These meetings could be held in public libraries, town hall meeting environments, and/or on public television.

6 Chapter 1 Introduction and Background

The most essential element of a successful Two hundred professionals—including police democratic government is freedom for all administrators, DOJ officials, representatives citizens to exercise their constitutional rights from the international law enforcement com- without fear or threat of endangerment. The munity, social scientists, ethicists, members of basic mission of the American criminal justice various academic disciplines, police union system is to protect this freedom. The police, officials, members of the judiciary, attorneys, one of the foundations of the criminal justice students of criminal justice, and police officers system, must ensure the public trust if the from a variety of departments throughout the system is to perform its mission to the fullest. country—came together for a critical discus- Public trust can exist only when the police sion about police integrity in the United States. execute their duties with fairness, equity, The objectives of the National Symposium on professionalism, and rigor. A police service that Police Integrity were to: performs in this manner also has integrity and honor. ❑ Examine the causes of and solutions to violations of public trust by police. The U.S. Department of Justice (DOJ) is a primary protector of constitutional rights. The ❑ Understand the dynamics of police National Institute of Justice (NIJ) is DOJ’s integrity. research arm, and the Office of Community ❑ Develop short- and long-term strategies Oriented Policing Services (COPS) is a DOJ to establish and maintain high standards mission-specific agency that is supporting the of performance. transformation of American policing. Recog- ❑ nizing the significance of police integrity to Recommend research topics to NIJ and democratic government, these agencies com- the COPS Office. bined efforts to assemble dedicated law en- The larger national context in which the sym- forcement leaders, members, researchers, and posium took place includes a recent series of other related professionals to review the state corruption investigations within the New York of integrity in America’s law enforcement Police Department, the revealing testimony of services and to formulate a national action Mark Fuhrman in the trial of O.J. Simpson, the agenda to maintain police integrity and to events at Ruby Ridge and Waco, the beating of ensure the public trust. Rodney King, and the recent assault of immi- The National Symposium on Police Integrity grant laborers by law enforcement officers in took place in Washington, D.C., on July 14–16, Riverside, California. Embarrassing events 1996, to examine the issues of public trust, involving smaller police departments in Citrus public perception, and police integrity. In the County, Florida; West Hampton, New York; national law enforcement community, there has Southgate, California; Anchorage, Alaska; and long been a consensus that questions about Chesapeake, Virginia, also have generated police integrity warrant a professional, collec- intense public scrutiny of police and sheriff’s tive response. department officials and criminal justice organizations throughout the country.

7 Police Integrity

Are these incidents indicative of a crisis in the process and summarize final recommenda- integrity among American police officers? Are tions to NIJ, COPS, and DOJ for pursuing the they symptomatic of a system that improperly national agenda to foster and maintain police selects and trains its officers? Are these epi- integrity. sodes part of a larger cultural manifestation, a The following presentations were selected for breakdown of moral sensibilities and standards? the five plenary sessions: Is the appearance of increased violations of public trust simply the result of improved ❑ Interdisciplinary Panel on Integrity and candor and diligence in investigating wrongdo- Ethics. ing by police agencies, or does it reflect ad- ❑ Law Enforcement Executives on the vancements in the ability of the media to Integrity and Ethics Challenges Facing instantly communicate events around the the Profession. country and world? ❑ The Impact of Police Culture, Leader- Whether or not there is a crisis in police integ- ship, and Organization on Integrity. rity in the United States, it was evident to the ❑ symposium participants that both the public How To Effectively Cope With Influ- and police believe one exists. Study results ences in the Police Culture and Organi- vary considerably. Some recent research sug- zation and in the Community. gests that the public’s trust in police officers is ❑ The Impact of Internal and External at an all-time low; other data conclude it is Forces on Police Integrity. quite high. Symposium Objectives Planning for the Symposium A primary objective of the symposium was to In mid-March 1996 a special work group was open channels of communication among police assembled at The Johns Hopkins University in executives and other professionals, e.g., police Baltimore to plan the July symposium. The union officials and law enforcement adminis- work group included police executives, union trators, police and researchers, government representatives, researchers, and others who leaders and academics, and the American Civil had made significant contributions to the study Liberties Union (ACLU) and law enforcement of police integrity. Based upon this meeting, executives. It also involved enlisting those staff designed the agenda for the symposium. concerned about professional integrity in other The symposium agenda included two keynote contexts—business, law, government, and the addresses, five plenary sessions, and nine clergy—and listening to practitioners in these small-group discussions. Professor Stephen J. fields discuss ethical issues and integrity Vicchio, Department of Philosophy at the problems endemic to their professions. At still College of Notre Dame (Baltimore), gave a other levels, channels of communication were keynote address entitled “Integrity and Ethics: opened between researchers and practitioners Definitions and Historical Perspective.” U.S. so the public’s perception of the police might Attorney General Janet Reno gave the second be measured against more empirical informa- address, “Integrity and Ethics: A Federal tion about police integrity. Perspective.” Professor Mark Moore, Kennedy A second objective of the symposium was to School of Government at Harvard University, provide opportunities for law enforcement was invited to observe the symposium to assess

8 Chapter 1

administrators and all other participants to in combination with effective investigative communicate in structured work groups. These practices in preventing, identifying, and con- work groups succeeded in identifying critical trolling corruption, have been shown over time needs and issues for which members had the to strengthen police integrity. gravest concerns. Fundamental Questions Identifying model practices, a third objective, Ultimately, the major thrust of a national drew responses from both the panel presenters agenda should focus on answering three pro- and the work groups. The symposium provided found and fundamental questions: opportunities for participants to talk about ❑ effective programs and strategies that foster What is the relationship of democracy police integrity. in the United States to the mission of police organizations? Pursuing a National Agenda ❑ What is the relationship of the Constitu- The paramount goal of the symposium was to tion to the police mission and, ulti- develop an agenda for fostering and maintain- mately, our democracy? ing police integrity. Mark Moore’s synthesis, hundreds of pages of notes taken by recorders ❑ What is the relationship between police and participants, and approximately 100 hours integrity and community policing? of videotape and audiotape yielded essential The issue of protection of civil liberties was components for an agenda on police integrity. raised by one presenter. Through a poignant This national agenda encompasses three pri- recounting of his experiences while a police mary areas: a future research agenda, model officer, he conveyed to the audience how he programs, and best practices. came to understand that integrity and civil liberties protection were interconnected. Mark It became evident that police executives, Moore expounded further on this fundamental researchers, and other criminal justice practi- issue to properly focus the questions. tioners, led by NIJ and the COPS Office, need to commit to research in critical areas to pro- COPS and NIJ believe that an integral relation- vide a full understanding of the issue. ship exists between effective and creative community policing and police integrity; one Another element of the national agenda should cannot exist without the other. If the heart of be the cataloguing and dissemination of model community policing is the desire to make the practices and initiatives from around the coun- police effective partners with communities in try, combined with a continuing dialogue on dealing with crime and violence, then building police integrity in State, regional, and local and sustaining these partnerships on mutual jurisdictions. What has worked; what has not trust is critical to success. worked? What factors may have contributed to the success or failure of particular practices designed to foster police integrity? Can practices in one department be applied to another despite different internal and external cultures? Finally, the national agenda should include an examination of mechanisms and programs that,

9 Chapter 2 Keynote Addresses Ethics and Police Integrity: Some We should therefore examine whether we should act in this way or not, as Definitions and Questions for Study not only now, but at all times. Stephen J. Vicchio, Ph.D. —Plato The following keynote address was presented by Dr. Stephen J. Vicchio, If he really does not think there is no professor of philosophy at the College of distinction between virtue and vice, Notre Dame in Baltimore. Dr. Vicchio was why sir, when he leaves the house, asked to set the tone for the National let us count the spoons. Symposium on Police Integrity due, in —Samuel Johnson, Letters part, to his role as a nationally renowned ethicist. He is part of the faculty in the There is an old saying that “philosophers bake Police Executive Leadership Program at no bread.” What this expression is supposed to The Johns Hopkins University, a lecturer mean, I gather, is that philosophers spend a to executives in police service and other good deal of time minding other people’s professions, a member of the faculty of business while not spending nearly enough on The Johns Hopkins School of Medicine, their own. Working entirely in this spirit, the and an expert witness in the insanity spirit of an interloper, in this paper I wish to defense. talk about three issues—issues vital to the The success of any conference is success of this conference and, ultimately, to contingent on setting clear goals, raising the success of police organizations throughout points for discussion, and establishing a the country. First, I wish to sketch out in a brief framework for participants to accomplish way what I see as the component parts of the their tasks. In his address, Dr. Vicchio concept of integrity. Second, I would like to spoke on three matters: development of a spend a little time exploring what the latest working definition of the concept of social scientific research and common sense integrity, the latest social scientific have to say about whether integrity can be findings on whether moral integrity can taught. And, finally, I will end with some be taught, and the potential to measure observations on the question of whether integ- integrity in various professions, including rity can be measured in professional contexts police service. Finally, Dr. Vicchio offered such as police work. At the very end, if I might some general observations about the be so bold, I will also make some general symposium’s goals. recommendations about additional questions and approaches that might be helpful in discussing the issue of police integrity. I will begin, however, with a short take from Plato’s Republic.

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In this section [Book II] of the Republic, seems to me, for better or worse, the police Socrates discusses with his friend Glaucon officers in this country, at least when they are what it means to act in a morally responsible working on the street, often are possessors of way. Glaucon puts forth a theory that is not all the ring of Gyges. No supervision of police that far from a general view of the issue that officers working with the public, no matter how many hold in this country. In essence, Glaucon thorough and conscientious, can keep bad cops says that we do good because we risk punish- from doing bad things. There simply are too ment if we do wrong. Thus, we accept certain many police officers and too few supervisors. limitations on our freedom because we are Like it or not, the police in this country are afraid of being caught. So justice, in Glaucon’s possessors of the ring of Gyges. view, is a kind of arrangement (like traffic A second realization to be made from Plato’s lights or stop signs) that is not intrinsically tale is that police departments in this country good or valuable but put into place to avoid often operate as if Glaucon’s view of justice is harm. the proper one—that we do the good out of In the course of their discussion, Glaucon and fear, a level that developmental psychologists Socrates allude to an old Greek story, “The tell us is the lowest common denominator in Ring of Gyges.” The wearer of the ring was the moral equation. If we put these two points rendered invisible, though he or she could still together, that there will never be enough super- affect the material world as visible bodies do. vision to catch everyone and that good behav- In the course of the tale, the shepherd Gyges ior on the job is motivated by fear, we should is given the ring, and he uses it without fear see that they are contradictory. If there is not of reprisal. Indeed, he uses it to kill the king enough supervision, then the bad cop will not of Lydia and later to rape the queen. be afraid. If we add a third element, that the Glaucon argues that anyone in the shepherd’s bad cop always makes the news, then we have a position would be foolish not to take full recipe for disaster. advantage of the power of the ring. In essence, Public Trust in the Police it gives the wearer the ability to do wrong with One of the major repercussions of the impunity. Glaucon then goes on to suggest that confluence of these three elements, (1) justice is nothing more than a series of checks, Glaucon’s view of virtue, (2) there will never a system of preventive devices. But if we be enough supervisors to catch everyone, and possessed the ring of Gyges, there would be no (3) the bad cop always makes the news, is that good reason for doing the good. In the remain- we see over the past two decades in America an der of the Republic, Socrates attempts to erosion of public confidence in public officials counter Glaucon’s view by suggesting that the and their institutions. Consider, for example, citizens of a good society would act justly the following tables of Americans’ ratings of because they knew and appreciated the moral their confidence in various professionals. In good and not merely because they were afraid this study 100 Americans were asked to rank of getting caught. the moral confidence/trust they have in the There are several reasons why I begin with following professionals to do the right thing. Plato’s story. It is best, I think, to look at “The (Position 1 is most trusted, position 12 is least Ring of Gyges” as a cautionary tale, for it trusted of those professions listed.)

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1980 1995 assumption, particularly if the motivation to do the right thing comes from fear of punishment. 1. pharmacist 1. firefighter Often in professional contexts in this country 2. clergy 2. pharmacist we think of integrity as our ability to refrain 3. firefighter 3. teacher from certain activities. But, clearly, if the concept is to mean something more than what 4. teacher 4. dentist Glaucon suggests, it must involve higher levels 5. police officer 5. clergy of thinking and feeling on the part of police officers. 6. doctor 6. stock broker If we believe that community policing is the 7. dentist 7. doctor most effective way to protect and to serve the 8. accountant 8. accountant public, and then we put officers who operate from the fear of punishment in more direct 9. stock broker 9. funeral director contact with the community, then the commu- 10. lawyer 10. police officer nity will not find officers of integrity but, 11. funeral director 11. lawyer rather, people who know the rules and regulations and keep them simply because they are 12. politician 12. politician afraid of getting caught. In this study, trust in police officers recorded If this conference has some major goals, it the largest drop from 1980 to 1995 (5 spaces), seems to me, they should include these: How followed by the clergy (3), doctors (1), and do we define integrity? How do we identify it lawyers (1), though lawyers simply moved in police officers? How do we make sure that from 10th position to 11th. the police officers we involve in community Another disturbing element to these findings policing efforts are people of character and is that although there was no significant differ- integrity? If we do not answer these core ence between men and women respondents, questions, then a conference like this is useless, there was a very big difference between Afri- indeed perhaps worse than useless, because we can-American and white respondents. Among have pretended to get something done. Pretend- blacks, “police officer” had the 9th position in ing to get something done in any profession is 1980 and the 11th position in 1995, just ahead always dangerous. Let us then try to make of “politician.” some headway in our first question: What do we mean by the concept of integrity? One major conclusion we can make from this study and from other like studies from around The Concept of Integrity the country is that the public thinks police The first thing to say about the concept of departments have an integrity problem, even integrity is that we often use organic or spatial if the police themselves do not. metaphors to explain it. This, of course, hints at What complicates this issue still further is that the etymological origins of the word integritas, in departments where corruption appears to be “whole or complete.” But when we go beyond low and where citizen complaints are minimal, the metaphors, it is not so easy to articulate we assume that our officers on the job are what we mean when we say that a person people of integrity. Sometimes this is a faulty possesses integrity.

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Martin Benjamin, in a helpful book called in that they know what the good is, they simply Splitting the Difference: Compromise and lack the courage to do it. Benjamin’s final type, Integrity in Ethics and Politics, identifies five the moral self-deceivers, have at their core a psychological types lacking in integrity. The basic contradiction. They think of themselves first he calls the moral chameleon. Benjamin as acting on a set of core principles, while in describes the type this way: fact they do not. To resolve this conflict, and at the same time to preserve their idealized view Anxious to accommodate others and of themselves, they deceive themselves about temperamentally indisposed to moral what they are doing. controversy and disagreement, the moral chameleon is quick to modify or By looking at these five types, we immediately abandon previously avowed prin- see what integrity does not look like. But if we ciples.... Apart from a commitment to look a little closer, we also may get some hints accommodation, the moral chameleon about a proper understanding of the concept. has little in the way of core values.... First, a person of integrity has a reasonably The moral chameleon bears careful coherent and relatively stable set of core moral watching. If placed in a situation where virtues. And second, the person’s acts and retaining her principles requires resist- speech tend to reflect those principles. Indi- ing social pressure, she is likely to vidual integrity, then, requires that one’s words betray others as she betrays herself. and actions should be of a piece, and they (p. 47) should reflect a set of core virtues to which one is freely and genuinely committed. Benjamin’s second type, the moral opportunist, is similar to the moral chameleon in that his But what ought these virtues to be? The answer values are ever-changing. But where the moral to that question may differ in different profes- chameleon tries to avoid conflict, the moral sional contexts, but integrity in the context of opportunist places primary value on his own police work should amount to the sum of the short-term self-interest. While the moral virtues required to bring about the general chameleon’s motto might be “above all, get goals of protection and service to the public. In along,” the moral opportunist’s is “above all, short, professional virtue should always bring get ahead.” (p. 48) about the moral goals of the professional organization in question. A list of the virtues of The moral hypocrite is a third type lacking in a good cop, then, ought to tell us something integrity. “The hypocrite,” writes Gabriele important about why police departments exist. Taylor, “pretends to live by certain standards Professional integrity, then, in any professional when in fact he does not.” The hypocrite has context, is the integrated collection of virtues one set of virtues for public consumption, and that brings about the goals of the profession. another set he actually has as a moral code. The Presumably, in police organizations those lack of integrity comes in that the hypocrite major goals are connected to protection of and pretends that the code is different than what it service to the public. actually is. Benjamin’s fourth type, the morally weak- A List of Core Virtues willed, has a reasonably coherent set of core Lists of professional virtues are difficult, if not virtues, but they usually lack the courage to act foolish, to compose, particularly if an inter- on them. They are unlike the moral chameleon loper is doing the compiling. The following list

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is, of course, by no means complete. Rather, I ❑ Justice. We normally think of justice as consider it to be essential to the purposes of giving the individual what he or she is police organizations. These virtues, in other due. But taking the virtue of justice in a words, must be required by police officers if police context sometimes requires the the goals of the organization are to be met. removal of justice’s blindfold and These virtues are not listed here in any order. adjusting what is owed to a particular ❑ Prudence. Practical wisdom, the virtue citizen, even when those needs do not of deliberation and discernment. The fit the definition of what is strictly ability to unscramble apparent conflicts owed. between virtues while deciding what ❑ Responsibility. Again, Aristotle sug- action (or refraining from action) is best gests that a person who exhibits respon- in a given situation. sibility is one who intends to do the ❑ Trust. This virtue is entailed by the right thing, has a clear understanding of three primary relationships of the police what the right thing is, and is fully officer: the citizen-officer relationship, cognizant of other alternatives that the officer-officer relationship, and the might be taken. More importantly, a officer-supervisor relationship. Trust person of integrity is one who does not ought to engender loyalty and truthful- attempt to evade responsibility by ness in these three contexts. finding excuses for poor performance or bad judgment. ❑ Effacement of self-interests. Given the “exploitability” of citizens, self-efface- At a minimum, then, these seven virtues are ment is important. Without it, citizens required for integrity because they are required can become a means to advance the as well by the general goals of police organiza- police officer’s power, prestige, or tions. There are probably other virtues I have profit, or a means for advancing goals missed, but most others will be variants of of the department other than those to these seven. In short, a police officer who protect and to serve. exhibits integrity is a person who has successfully integrated these seven virtues so that they ❑ Courage. As Aristotle suggests, this become a whole greater than the parts. The virtue is a golden mean between two police officer of integrity habitually will exhibit extremes: cowardice and foolhardiness. traits of character that make clear the goals of There are many professions—surgery protection and service. and police work, to name two—where the difference between courage and In The Johns Hopkins Police Executive Leader- foolhardiness is extremely important. ship Program, we are planning a study that will attempt to identify exemplary police officers. ❑ Intellectual honesty. Acknowledging We hope to determine whether the virtues we when one does not know something and have listed above, as well as some others, are being humble enough to admit igno- consistently found among the best of our police rance is an important virtue in any officers. Additionally, we hope to analyze the professional context. The lack of this relationship of these virtues to performance virtue in police work can be very evaluations, commendations, citizen com- dangerous. plaints, and other variables and also to ask

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them for practical advice about how and why of ethics training in police academies to the they have remained good cops. performance of those recruits as police officers. Can Integrity Be Taught? My initial sense is that the more extensive the training, the clearer the effect will be, though Needless to say, this is a second important the social scientific evidence on the relation- question that should be at the top of our re- ship of academic ethics training and moral search agenda. If one looks at what evidence behavior, at least at this point, is ambiguous. is now available from social scientific litera- One element about academy ethics training is ture, the answer to our question seems to be clear: if it is to be effective, it needs to be “yes” and “no.” Since most researchers agree rigorous and it needs to emphasize critical that the practice of virtue—the component thinking skills, reasoning skills, reasoning parts of integrity—is a habitual activity, it ability, and problem-solving techniques. In must be learned and reinforced. Other evidence short, it needs to be the right blend of the suggests that the most effective time to teach theoretical and the practical. virtue is early on, so the “yes” part of our answer is that children in stable, loving homes Can Integrity Be Measured? who regularly have the requisite virtues mod- The answer to this question in the general area eled for them are the most successful people of professional activity is that we do not know. at developing a track record for integrity. If we measure police integrity the way State The “no” part of the answer comes with the medical organizations measure the integrity realization that most evidence about problems of physicians or the way State judicial review with integrity suggest that they, too, are ha- boards measure the integrity of lawyers, we bitual problems. By and large, people who will not be successful. Historically, these habitually have trouble in school with behav- organizations try to determine what their ioral problems become adults who have the members have been successful in avoiding. same problems. This is not to say that people’s Integrity in these contexts is seen as not leaving behaviors cannot change. But change always a sponge in a patient’s abdominal cavity or not comes when the person has a clear goal and having conflicts of interest. In short, these incentive for changing. The fear of punishment governing bodies look to see if the doctor or has rarely been enough to change habitual lawyer has followed the rules and regulations behavior. and has avoided doing wrong. But avoiding wrong behavior is not the same as having These findings clearly should have some integrity, any more than simply avoiding bad important ramifications for the way we go notes will get a singer to Carnegie Hall. about recruiting and testing police officers. Testing instruments need to be better than they If we are to be successful in measuring police are now. Longitudinal studies need to be integrity, we must find measuring tools that not completed that show us how well we have done only enable us to determine that police officers in the past and the present in recruiting people effectively avoid certain behaviors but that they who will grow to be police officers of integrity. also regularly practice prudence, courage, This is one of the goals of the Hopkins study I justice, honesty, trust, self-effacement, and alluded to earlier. responsibility. One other area of inquiry worth pursuing is One way to begin this task is first to refine the to track the relationship of the kind and extent definition and identification of the virtues that

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go into making a police officer of integrity. If the norm in pursuing integrity and quality we have missed the boat in identifying what we service to communities: “You can set the see as the core virtues, we will know soon high standards, you can set the policies, enough. A second item that must be put on you can set performance standards, but our list of things to do is the development of it is following up to make sure that those an agenda—a national mission statement, if standards are met and that those policies you will—that says in a broad way what the are carried out that is important.” She moral purposes are of police organizations. urged the police profession to learn from All definitions of virtue and integrity, Aristotle other fields and from colleagues in other forcefully argues, only make sense in the countries. She encouraged more open context of what he calls telos, the larger reason dialogue on a subject that has or purpose in which those virtues are placed. traditionally remained behind closed What we want a department to be ultimately doors. She asked symposium participants should tell us a great deal about what we want to provide her with a viable agenda our officers to do. through which the Department of Justice If we are going to think of ourselves as a can support a nationwide effort to profession, then we must assume the level of improve and maintain police integrity. responsibility that a professional life entails. I am delighted to be here today because as I The profession ought to require more from its look out on the audience, I see old friends and members than we expect from the general people that I have met since I came to Wash- population. ington who have become my friends. As I have said on prior occasions when I left Miami, I worried that I would lose my sense of community, my sense of being able to look over and Integrity and Ethics: see a police chief and the sheriff and to under- A Federal Perspective stand how a system worked. But now I’ve just Janet Reno, Attorney General of the discovered that I have inherited a lot more United States communities, and the diversity and strength of them is exciting to behold. Attorney General Janet Reno was called upon to set the tone for the symposium The public trust is something that all of us hold and discuss potential outcomes. Since her sacred; you wouldn’t be here otherwise. And, appointment as Attorney General of the fortunately, most of the men and women in law United States and in her prior role as a enforcement throughout this country hold it prosecutor, she has expressed continued sacred. They are honest; they are hard-working, concern about and interest in improving wonderful public servants who approach their police integrity at the Federal, State, and roles with integrity and with respect. And we local levels. need to identify those officers, the best examples, and figure out how we replicate their Attorney General Reno focused all actions across the face of America. participants on the task at hand: “The public trust is something that all of us hold I have said on so many occasions that being a sacred; you wouldn’t be here otherwise.” police officer is probably the single hardest job She challenged participants to go beyond I know. I just heard a very experienced assistant

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United States attorney on detail to Washington that 3 years ago they could not walk out from describe how she had to go testify in court the behind their doors because they were afraid, other day. And she said, “This was really my and now they can come out. Their number one first experience. Now I have a whole new issue now is not the drive-by shooting. That regard for agents and police officers who a year was the issue 3 years ago. Now, it’s graffiti in later have to testify as to what happened and the neighborhood, the overgrown lot, and what have to recall and have to be subject to cross- they are going to do about some vandalism. examination.” And you think of the role of the It is so exciting to see police officers on the police officer—the truth teller, having to be cutting edge, bringing America’s communities able to testify to the truth day in and day out together. But as so many wonderful police after having had to calm an angry crowd, officers do that, there is disillusionment thrown perhaps in an emergency without even a in, and that’s why your work here today is so backup, having to make legal decisions without important. having gone to law school, without having a law library at their back. What we ask of police The Federal agencies have heard this before— officers is more, really, than we ask of most it hurt me to see the Feds come to town and professions, and we ask them to perform under say, “We’re going to conduct this investigation. the most difficult of circumstances. We’re going to go after this. We’re going to go do this.” And then there might be a Federal And so I think we should recognize how police shooting, and they’d say, “You stay important this symposium is as a means of away, you can’t have anything to do with this. providing education, training, and information This is our problem.” We want to be in this so that all police officers can benefit. But as we with you together, working together as a team recognize that most in law enforcement are to develop the best training mechanisms dedicated, honest public servants, we also applicable to Federal, State, and local agencies, recognize there are some who do not uphold to develop the best mechanism for ensuring those standards. There are some who are just integrity. We want to learn from you what we plain bad people, but there are bad lawyers and can do better at the Federal level. bad doctors. I’ve often wondered why it was the bad police officer who caught the attention It makes no sense for the Federal government of the public more so. I think it’s because there to come to town and say, “Your jails can only is probably no such expectation. They believe have a certain population,” and not have the so in their police officer. They want to believe same standards apply to us. Or have the Civil in their officer. That officer has protected them Rights Division come to town and say, “Your perhaps on another occasion. And then to have officers must do x, y, and z,” and not be able to that officer disillusion them is something that pass muster at the Federal level. So we expect they did not expect. That they did not anticipate to adhere to the same high standards, and we it makes it all the more important. can and will learn so much from State and local law enforcement officers who are on the front It’s really exciting—particularly as police line in so many different issues that face this around the country are focusing on community Nation. policing, focusing on the neighborhood, involving the neighborhood—to walk through a We have taken steps at the Federal level to neighborhood and have the neighbors tell me ensure that our agencies function at the highest how much that police officer means to them, level of effectiveness. We put into process a

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means of assessing and reinforcing integrity in through the Office of Investigative Agency every Federal unit. Furthermore, the Depart- Policy. This compels all of the Justice Depart- ment of Justice will conduct policy and proce- ment law enforcement agencies to come up dure reviews for specific areas such as with uniform standard policies and procedures, multijurisdictional task forces. recognizing that there are certain exceptions, such as in the Bureau of Prisons. There may In reviewing the many topics which you will be be different standards with respect to the discussing throughout the symposium, it is unjustified use of force that we take into evident that you have made a connection consideration but do so in a mutual way that between the high standards of performance and recognizes the mission of each agency and sound policies and procedures. But there is produces a standard—the highest standard more to it than just that, and from what I’ve possible. heard at the conference today, you are bringing out some of these examples. You can set the We want to continue, as I had mentioned, to high standards, you can set the policies, you reach out to State and local law enforcement, to can set performance standards, but it is follow- learn from you, to benefit from your experi- ing up to make sure that those standards are ence, to find out what we can do better at the met and that those policies are carried out that Federal level—what we can do better in terms is important. of our responsibilities in investigating State and local law enforcement and how can we ex- In some instances, I have seen wonderful change information with you. It’s frustrating to policies announced, and nobody followed up, me to see an investigation conducted without really, to see that they were implemented. somebody going back and looking at it after the Nobody took an independent look at an investi- investigation is over. Maybe after we’ve ob- gation conducted by an internal review unit to tained the conviction, we can sit down with the see whether the policies were really adhered to local police agency and say, this is how it or to see what could be learned from the inves- happened. You can trace this cop from the time tigation to improve our training or prevent the he was honest. Then, he got in with this crowd; problems. And so I will be anxious to hear, to his sergeant wasn’t very strong; his sergeant listen, to learn what you develop as a means of didn’t pay any attention; he got in with these providing a check and balance on our whole guys who came into the field without adequate process. field training. And looking at the scenario, you Our goals for the Department of Justice in- can see you could have anticipated the events clude—as Jeremy [Travis, Director of the and see what was going to happen. We really National Institute of Justice] has pointed out— need to look at these cases, and learn from past improving cooperation and communication experience, and understand how things happen among all agencies. When I came to town, and how people get into this situation. there were different policies and procedures We want to establish the highest possible with respect to the different Justice Department performance standards, both organizational and agencies, and certainly with respect to Treasury individual. I think one of my great frustrations agencies, and I asked, “Why?” It seems to me, is to see the different Federal agencies scattered if one policy applies one place it should apply across the country—94 U.S. attorneys; the FBI in the other. And so we’ve been in the process [Federal Bureau of Investigation] organized in of reviewing those in a cooperative effort one way; the DEA [Drug Enforcement Admin-

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istration] organized in different regions in It is so important to emphasize to the funders another way; a marshal in each of the 94 of these operations that training doesn’t stop at Federal districts; INS [Immigration and Natu- the academy—that some of the best training in ralization Service] broken down into border the world, some of the best integrity in the control, investigative officers, and inspectors. world, is learned from that field-training officer Just trying to make the whole operation func- on the street, on the border, or wherever you tion according to each agency’s mission, but at go. And so, as we develop law enforcement the same time according to the highest possible efforts, it is important that we develop a coher- national standards, is very important to me. ent plan of training not just at the academy but in the field and in continuing education, which This past Thursday I flew to the New Mexico I consider so important. I think it is important border. I stopped in Las Cruces and talked with that we look at patterns of misconduct to see Sheriff Clay and Chief of Police Hampton, what we can learn from them, to share this getting from them a flavor of what we needed information with each other to better under- to back them up and what we needed to do to stand what’s happening and take steps to support Federal law enforcement along that analyze our problems and see what could have border. What impresses you as you go down been done to prevent them. the border is that the problem is different at each part of the border. So we’ve got to recog- As we consider all of these issues, I believe that nize the uniqueness of situations and recognize we should consider the other disciplines. What that we can learn from local law enforcement can other disciplines offer us? What has the in addressing these unique situations. legal profession learned? What has the medical profession learned? What can we do to learn I think the single most important thing we can from other disciplines? What steps can we take do, certainly at the Federal level, is to develop to ensure the highest standards of professional- the highest possible training capacity, and I am ism? How can we form partnerships with our committed to doing that. We have brought, for international neighbors who are similarly example, a significant number of new border attempting to ensure integrity within their own patrol agents on board. My message from the public service? beginning has been that we will not bring those agents on without ensuring proper training. We I am delighted that we have representatives will not cut corners. We cannot, because of the from other nations here because I recognize crisis on the border, minimize what we are that in this next century law enforcement at doing in terms of training. I need your support almost all levels is going to be international. A for that effort because there is a loud voice sheriff in a remote rural county may well have heard that says we need more border patrol a bank that is the subject of a hacker’s attempt agents. They’ve just asked for 700. We need from across the ocean. With modern technol- 1,500. And I need State and local law enforce- ogy and with modern transportation, we must ment to explain that we may be able to provide join forces around the world—with our col- instructors and provide training. But then we leagues—to develop the highest possible pull experienced officers from the border to do standards and to exchange information about the training, and we weaken the border and the what is working and what is not working. field training on the border as we train agents We have a special responsibility to reach out to in the academy. developing nations to help them in training and

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to establish standards. As we try to do that, the training efforts, contribute to our efforts to headlines on CNN [Cable News Network] ensure the highest possible standards. about some officer who did not live up to our I am going to look for your report. I am going standards attracts more attention than the to follow the work here closely. Both Jeremy wonderful work being done by our representa- [Travis] and Joe Brann [Director, Office of tives who are reaching out to others. It is so Community Oriented Policing Services] will important to listen, it is so important to hear, keep me briefed. I am very anxious to see the but it is also important to realize that we can final product that comes out of this symposium, train an awful lot of people to police the right and, most of all, I want to see it put into effect. way. It used to bother me when I would come to I have a favorite theory. I think about 10 per- Washington at the invitation of the Federal cent of the people, if that many, may be just government or some other agency to talk about plain bad. But most people in the world want to something and then see the report on my shelf. do the right thing. Another 10–15 percent I’d read it and try to implement it. But I didn’t probably don’t know how. We can help them do see much being done with it. As Attorney it and teach them how to do it. Another 10–15 General, I’m going to make sure that I do percent are probably just too lazy, and we can something with this report because just looking motivate them. But there is a wonderful core of at the people who are in this room today, it’s people who can, if we involve them in our going to be a good one. Thank you.

21 Chapter 3 Plenary Sessions Introduction attorneys by the adversary system: the duty the lawyer has to keep the client’s concerns and Five moderators and 27 speakers were interests confidential and to zealously advocate invited to present their views during the the client’s position, even when the attorney plenary sessions. Each person was feels the client may be acting unjustly. He allowed 20 minutes to speak. Although suggested that what lies beneath these obliga- audience members could ask the panelists tions is the belief that in an adversary system questions, most questions were posed the truth will emerge and justice will be done. during the nine work group sessions. This He also pointed out the dual roles the attorney section presents an overview of the key often plays in the American system of jurispru- points made by the speakers during the dence: the role as officer of the court and the five plenary sessions. role as zealous advocate for the client. In First Plenary Session addition to these sometimes conflicting roles, the American attorney also serves as an agent, Interdisciplinary Panel on Integrity and Ethics not as a principal, often adding to the complex- This panel enabled experts from other disci- ity of the job. Additionally, the lawyer works as plines to describe the nature of integrity issues a businessperson. The need to make a living and suggest solutions in their respective profes- often puts pressure on the lawyer to act in his sions. or her own self-interest as well as the interest Moderator: Tom Potter, Consultant, of the client. Much of the bad public perception Portland, Oregon of the moral character of attorneys comes from a failure to understand the American lawyer’s Participants: John Feerick, Dean, Fordham different and sometimes conflicting roles. University School of Law A third area covered by Mr. Feerick involved Ray Kemp, Woodstock Theological Center, the roles American law schools, and the Ameri- Georgetown University can legal community in general, are playing Kurt Schmoke, Mayor, Baltimore, Maryland to change the perceptions the public often has of the legal profession and its practitioners. Winthrop Swenson, Managing Director, American law school classes on the institution Business Ethics Service Group, of legal ethics and efforts by the courts and KPMG Peat Marwick local and national bar associations are under way to sharpen the moral consciousness of “Attorneys have multidrives which are attorneys and emphasize the importance of a at times misunderstood by the public.” moral dialogue between lawyers and their —John Feerick clients, not to speak of the commitment to pro bono work by lawyers throughout the United As the first speaker, John Feerick explained in States. detail the restraints imposed on the behavior of

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“Professionalism must include care This training should include real cases of and concern for each member and a ethical dilemmas that commonly confront the willingness to be open to scrutiny by contemporary cleric. the public served.” —Father Ray Kemp Regarding openness to scrutiny by the public, The common concerns shared by the police and Father Kemp said secrets that have potential for members of the clergy were addressed by disaster must come to the surface promptly and Father Ray Kemp. The principal and in a helpful environment. Rules and expecta- overarching concern, he argued, is the dedica- tions must be clear and realistic. The whistle- tion to the securing of the common good. He blower must be tolerated and supported not cautioned that the clergy’s understanding of as an informant but as one who has the best their role in this goal must begin with a sense interest of the organization at heart. of their own vulnerability and weakness. The church has become more open in admitting that “One key issue for ethical government priests are subject to the same weaknesses and is leadership by example.” temptations as everyone else. The enormous —Mayor Kurt Schmoke morale problem of the prosecution of priests charged with pedophilia and sexual abuse is not Maintaining integrity in local government is a an easy issue to discuss, analyze, or prevent. challenge faced by Mayor Kurt Schmoke every day. He outlined four key elements in the city Father Kemp encouraged each participant in of Baltimore’s ethics program. First, there must the symposium to draw a mental picture of be leadership by example—setting an ethical what the larger society ought to be, a society tone for the organization. Values must be where people are in right relation to one an- discussed openly and often with cabinet mem- other. This vision of the common good ought to bers and the public. Issues must be dealt with be the basis for this society. He explained that forthrightly, even when they may be embarrass- those who attempt to bring people to right ing. The second element of the program is a relations must be committed to justice them- code of conduct with clear expectations, writ- selves. They must be held to a greater standard ten in concise and easily understood language. of decency because they stand at the intersec- tion of good and evil. In this vision of right The third element Mayor Schmoke discussed is relations, said Father Kemp, freedom and an independent body to ensure the code of responsibility must be seen as complementary. conduct is implemented. A group of citizens make up a board of ethics. The board meets Experience has taught people that two areas of regularly and makes ongoing recommendations professional activity now demand constant to the mayor. The final element in Baltimore’s attention: (1) the care and feeding of the pro- ethics program is training. Mayor Schmoke fessional person, and (2) an openness to contin- said training is ongoing and is often conducted ued scrutiny by the public. Father Kemp de- in partnership with the Civil Service Commis- scribed several needs for today’s clerical sion. training: annual evaluations, clear promotional criteria, help in planning for retirement, and the During the second half of his talk, Mayor necessity of ongoing training and mentorship Schmoke explored how these four elements beyond seminary or theological instruction. apply to the police department. The mayor spoke of the importance of keeping the police

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separate from political interference. He cited From the experience of dealing with these three specific areas: political meddling in companies, said Mr. Swenson, the Sentencing emotionally charged or high-profile cases, Commission developed the following seven- endorsements of political candidates by the step program to promote and encourage ethical police chief, and union endorsement of politi- behavior in organizations: cal candidates. 1. Develop standards and procedures that can be reasonably expected to curtail “Clear standards and procedures tend unethical behavior and corruption. to curtail unethical behavior and corruption.” —Winthrop Swenson 2. Institute oversight by high-level personnel. For the past two decades, according to 3. Take care in delegating authority. Winthrop Swenson, ethics has been a topic of 4. Effectively communicate standards and significant debate within the business commu- procedures. nity. He cited a 1980 study, conducted by Fortune magazine, of the 800 largest compa- 5. Develop reasonable steps (auditing, nies in America. The study covered corporate monitoring, and hotlines) to ensure corruption in five areas, and it revealed that 11 employees are meeting these standards. percent of these top companies had committed 6. Use appropriate discipline. blatant ethical offenses. Many of these companies were multiple offenders. 7. Learn from mistakes made in the organization. Among the results of this widespread lack of integrity by American corporations, said Mr. Two major problems have been found in Swenson, was the creation of the U.S. Sentenc- implementing this seven-step program in ing Commission by Congress. The Commis- various companies. First, Mr. Swenson elabo- sion was charged with writing laws and rules rated, some companies take too narrow an for Federal judges in sentencing corporate approach to compliance and ethics issues. criminal defendants. In 1991 the Commission These organizations take a “check the box” released the Corruption and Crime Sentencing approach to the seven-step program, and they Guidelines. have been generally less successful than others. Second, some of the companies take a legalistic Mr. Swenson explained that the guidelines are or control-oriented approach. This misses some based on the “spectrum approach.” Members of of the fundamental drivers of corporate miscon- the Commission divided offending companies duct: no upstream communication, unrealistic according to the corporate cultures they exhib- goals and expectations of employees, and use ited prior to the infraction. Significant punish- of untrained staff to teach ethics and compli- ments were attached to companies with weak ance. This creates inservice education pro- compliance and internal systems for control of grams that are incomprehensible to employees. unethical behavior. Less severe punishments were imposed on companies that had a history Generally, though, the seven-step program has of good compliance and demonstrated systems proven successful and has had a positive effect to control corruption and unethical behavior. on internal and external integrity. A similar kind of moral audit, Mr. Swenson concluded, may have merit for police organizations.

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Second Plenary Session “The leadership of a police organization,” Dr. Brown said, “ultimately will determine the Law Enforcement Executives on the Integrity character of the organization.” Line officers and Ethics Challenges Facing the Profession must know and understand the core values of This session allowed selected law enforcement their organizations, and beyond that the depart- executives an opportunity to recount their ment must be willing to stand by officers who experiences and share their best advice. foster those values. Moderator: Gerald Williams, Director, All police agencies should have a written code Bill Blackwood Law Enforcement of ethics. It should appeal to common sense Management Institute, Sam Houston and be easily understood by those required to State University live by it. These values must become the guide Panelists: Lee Brown, Professor of Sociol- for police officers so they can judge right from ogy, Rice University wrong and acceptable from unacceptable behavior. They must understand that their Dan Corsentino, Sheriff, Pueblo County, mission is to protect the constitutional rights Colorado of each citizen, regardless of race, creed, color, Edward Flynn, Chief of Police, Chelsea, sexual preference, or gender. Massachusetts Police executives, Dr. Brown maintained, must Howard Safir, Police Commissioner, New understand the true meaning of accountability York, New York to the community. The community must be regarded with respect, and the police must see David Walchak, Chief of Police, Concord, citizens as partners. Therefore, the question is, New Hampshire “How can we select officers to ensure their Elizabeth Watson, Chief of Police, commitment to serving citizens and protecting Austin, Texas civil liberties?” Dr. Brown made a strong recommendation: Police officers must be “Selection and training must be con- selected and hired in a spirit of service, not ducted in the spirit of service, not ad- adventure. Only then can a department ensure venture, if we are to ensure police that its officers will be motivated to solve officers who are motivated to serve the problems and not be motivated by a need to public.” —Dr. Lee Brown exhibit strength, force, and machismo. Finally, it is critical that police leaders judge Dr. Lee Brown has served as the chief execu- their own behavior on the following basis: “Do tive officer of several major police agencies. He my actions have the ‘appearance’ of impropri- noted that the conference theme could be taken ety,” rather than “Have I violated the law?” from the daily headlines of many American Perception of impropriety, which is the Wash- newspapers. Abuses by police officers appear ington Post test, is as important as actual to be a regular subject in American media. Dr. impropriety and should be considered in that Brown offered a prescription for change: “If, in light. Service then should be the acid test for law enforcement, we are to rid ourselves of the both the chief executive and the police officer. specter of wrongdoing, we must fundamentally Then and only then, said Dr. Brown, will the change the police culture.” public be truly served.

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“All bad ethical choices are the result “Police chiefs are better equipped to of cultural conditioning, character face integrity issues if they take the conditioning, and ineffective internal time to remember their own experi- systems, such as training or poor qual- ences as young officers.” ity control.” —Sheriff Dan Corsentino —Chief Edward Flynn

Sheriff Dan Corsentino began his talk with a When police executives are deciding how to short history of the county he now serves. judge the behavior of police officers, Chief During the several years before he was elected, Edward Flynn stated, they must reflect on their four consecutive sheriffs had been indicted on own experiences as officers. A police chief felony charges. This corruption affected all must recall what it was like to be a young 22- levels of the department and led to an annual year-old officer confronting a situation in attrition rate of 20 percent. Citizens did not call which he was highly vulnerable. Often in such for service because they were not confident that a situation, an officer is rescued by fellow deputies would “do the right thing.” “I hear, officers. It is no mystery that at that moment, see, and say nothing,” was the rule among officers experience loyalty to another officer, a citizens. Good deputies began to wonder why feeling of separation from the community and they should maintain their integrity. The entire management, and a need to maintain a cloak of department lacked self-confidence and direc- secrecy. tion. In reality, police officers are given little guid- Sheriff Corsentino then discussed the three ance as to how to behave in situations that are major steps undertaken to correct the situation morally ambiguous. Police executives are not and regain respect for the sheriff’s department. quick to offer “life rings” to officers—too often First, the department instituted a plan to en- it is fellow officers who do. hance recruitment. Second, a three-tier ethics The police profession does not attract people training program was started. Third, internal who want to commit acts of brutality, Chief systems and quality control measures were Flynn said. In reality, the police profession improved. attracts individuals who are seeking moral The department’s ethics program, explained clarity and who have a strong desire to correct Sheriff Corsentino, consists of training at the the wrongs of society. It is the responsibility of academy level as well as at the middle manage- police executives to take advantage of this ment and executive officer levels. All bad situation and create an environment in which ethical choices are the result of cultural condi- young, morally strong officers can actualize tioning, character conditioning, poor systems their idealism. These new officers are virtuous and training, or poor quality control. These root and have a compelling desire to serve the causes are discussed at all levels of the ethics public. Sometimes, because police chiefs forget training program. The sheriff’s department, their pasts, it almost appears as if they dislike Sheriff Corsentino concluded, also changed the officers. Yet, it must be noted that chiefs have role of the Internal Affairs Division from not to deal continuously with officers who have only detecting infractions but also identifying made serious mistakes. Executives must focus the root causes of those infractions. on building a bridge between themselves and those many officers who arrive in the department with a fine and worthy intent.

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Chief Flynn also appealed to NIJ and COPS to down the chain of command. Fear of getting provide a forum in which police management caught is sometimes a useful motivation. One and labor could come together and find a of the most effective untapped resources for common ground—a consensus that there will fostering police integrity, Commissioner Safir be a few officers who will never be able to explained, is the anecdotal stories of cops who fulfill the police mission and will need to be have gotten in trouble—cops talking to other fired. Management and labor also must agree to cops about how and why they went bad and support and retain good officers. how the department responded. At the present time, concluded Chief Flynn, police chiefs are at a serious disadvantage “Perhaps the best administrative tech- because the formal mechanisms of accountabil- nique for controlling corruption is to ity are dysfunctional. “Ironically, as the public stress individual accountability and to demands more police accountability, the clearly fix responsibility. Failure to system delivers less.” Legislatures pass bills of hold personnel accountable breeds rights for officers. Arbitrators and civil service corruption.” —Chief David Walchak commissioners routinely overturn the disciplinary decisions of chiefs. Meanwhile, those A recent Gallup poll, said Chief David chiefs who insist on police accountability are Walchak, shows that the police were held in vulnerable to union no-confidence votes and high esteem by the public when compared to political reprisals. “Chiefs must be accountable other professions. Other studies reveal the for their departments, but their leadership following: a 1991 study in one State found that cannot overcome the negative aspects of the the three major ethical problems for police police culture if they are the only ones held officers are drug and alcohol abuse, lying to accountable.” protect other officers, and conduct prejudicial to the department. In a 1994 study in another State of 861 officers, 26 percent had seen racial “An untapped resource for promoting harassment on the job, 24 percent had seen integrity is having cops who did get into abuses of stop-and-frisk procedures, 20 percent trouble recount their experiences and had seen more force used than necessary, and 6 what they learned to other cops.” percent had seen records falsified. —Police Commissioner Howard Safir Other findings, Chief Walchak continued, A series of initiatives have been taken by the suggest that years of service are not associated New York Police Department, Police Commis- with ethical infractions, college-educated sioner Howard Safir told the audience, to root officers are less likely to incur citizen com- out corruption in the ranks. In addition to plaints, and female officers are more likely to raising the educational requirement for employ- report unethical behavior than their male ment and instituting random integrity checks counterparts, regardless of rank. (over 500 of the department’s 650 annual Chief Walchak proposed several suggestions, integrity checks are done randomly), clear including enhancing recruitment and selection expectations are provided to officers. Codes, procedures, developing reward systems that said Commissioner Safir, should be clear and reflect the goals of community policing, in- practical. Accountability must exist up and creasing the number of academy hours devoted

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to ethics training, promulgating a written set of ence to a code or standard of values.” The departmental values, fostering discussions on major challenge, then, becomes one of ensuring the importance of proper off-duty behavior, and that supervisors are good followers who under- implementing early warning systems for stand what it means to translate beliefs into identifying officers at risk. judgments and behavior. If supervisors cannot translate values into behavior and continue to “A major problem with police integrity judge behavior by the attributes of the violator, is middle managers who do not under- they will find that their badges will not shine stand or are unwilling to embrace the as brightly. One judgment by favoritism, moral goals of the police department.” instead of with impartiality, inhibits all other —Chief Elizabeth Watson objective judgments. Investment in supervisors and managers, concluded Chief Watson, is a The integrity problem, Chief Elizabeth Watson strong solution needed to protect line officers. charged, is not with the line officer. It never has been and isn’t today, she continued. The prob- Third Plenary Session lem is that there is a void in leadership at every The Impact of Police Culture, Leadership, and level. This situation will only be corrected Organization on Integrity when chief executives begin to invest properly This session focused on the dynamics and in their personnel to ensure that their behavior derivation of the police subculture, the role is based on a common set of core values that of leadership, the organizational structure, serves as a basis for the discipline of subordi- and how these affect police integrity. nates. Moderator: Jerome Skolnick, John Jay Line officers are sincere and hard-working. College of Criminal Justice, The City Supervisors, however, need to be taught what it University of New York means to make core values part of the department’s operations and how to translate Panelists: Robert Colville, District Attor- those values to apply them to judgments of ney, Allegheny County, Pennsylvania subordinates’ behavior. Gilbert Gallegos, National President, Unfortunately, said Chief Watson, there are still Fraternal Order of Police those supervisors who see no conflict in acting William Johnston, Deputy Superintendent, on their own personal values, imbedded with Police Department, Boston, Massachu- prejudices and biases, rather than responding setts on the basis of the department’s core values. Most of the time, personal values will be in Judge Milton Mollen, Graubard, Mollen & accord with departmental values, but supervi- Miller sors need to be acutely aware of those few Ramona Ripston, Executive Director, times when their personal values conflict with American Civil Liberties Union, departmental values. Los Angeles, California The issue becomes one of alignment. The Hubert Williams, President, The Police dictionary differentiates between ethics and Foundation integrity but defines integrity as “firm adher-

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“One underpinning of the police sub- “Organizations must consider integrity culture is the belief among police offic- improvement as a long-term goal— ers that no one—i.e., management or there are no quick fixes.” the public—understands them.” —District Attorney Robert Colville —Professor Jerome Skolnick Police, said District Attorney Robert Colville, A culture or, in the case of many police organi- have not changed substantially over the years in zations, a subculture, is the set of norms or how they view the community or their agency. beliefs that guide a particular group’s behavior. They are susceptible to many of the same They are, said moderator Jerome Skolnick, the temptations as they were 30 years ago. Corrup- truths that officers feel in their bones, the tion was rampant in the Pittsburgh Police touchstones that govern their attitudes and Department in the 1960s. Police officers ran behavior. The text Beyond 911 suggests that towing companies, cashed in on free lunches, the police culture includes at least the follow- and succumbed to many of the same tempta- ing six beliefs: tions that are present today. Two things, Mr. Colville related, changed police attitudes ❑ The police are the only real toward corruption in the 1960s and 1970s: The crimefighters. Internal Revenue Service and other Federal ❑ No one else understands the work of a agencies began to indict police, and a new police officer. public attitude about the police grew out of the ❑ Loyalty counts more than anything. civil strife and upheaval of the 1960s. After the 1960s, police came under greater scrutiny by ❑ It is impossible to win the war on crime citizens than at any other time in recent history. without bending the rules. When police departments were forced to ❑ The public is demanding and change, Mr. Colville said, a number of things nonsupportive. had to occur for the change to last. First, ❑ Working in patrol is the least desirable training was enhanced. Second, leadership was job in the police department. improved. Third, working the media needed to be mastered. Leaders had to be honest, open, Professor Skolnick told the audience that it is candid, and principled. Fourth, advice was essential to understand how an organization’s needed from other disciplines that had experi- values become translated within the subculture. ence in improving integrity. Last, concluded In the tape of the Rodney King beating, the District Attorney Colville, organizations had to interesting people are the 10 to 12 officers who consider integrity improvement as a long-term stood around and watched. This is an example process—with no quick fix. of what happens when the values and beliefs of a subculture come into direct conflict with the stated values of the organization. Few executives, said Professor Skolnick, grasp how or why the values they set forth are interpreted differently at various levels of the organization.

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“Partnerships between management “I learned through painful personal and line officers must be based on experience that the only way to pre- mutual respect and equal responsibility serve dignity for all those we serve is by for integrity improvement.” protecting constitutional rights.” —FOP President Gilbert Gallegos —Deputy Superintendent William Johnston All people who serve the police profession, said Fraternal Order of Police President Gilbert Superintendent William Johnston eloquently Gallegos, need to review the Law Enforcement recounted his experiences throughout his 30 Code of Ethics. Police officers come from the years as a police officer that revealed a startling citizenry and the culture of the community. If and critical recommendation for symposium there are value problems in the culture as a participants. whole, there inevitably will be value problems Police officers are special people, said Superin- among police officers. tendent Johnston. They are the ones entering Key questions, continued Mr. Gallegos, need to the scene of a robbery or burning building be answered about codes that set forth ethics when all others are leaving as quickly as they and values. What role do line officers play in can. Too often, their training and orientation formulating the code of ethics? How often does propel them down a path that will eventually management discuss with line officers the lead them to harm rather than to protect the differences between the corporate code of the people they serve. department and the informal code of the street? Superintendent Johnston illustrated this obser- Partnerships between administrators and vation with a series of personal experiences officers need to be formed. They must be built that sowed seeds of his own change and refor- on mutual respect and equal responsibility for mation as a police officer. Early in his career, improving integrity. But, said Mr. Gallegos, he was assigned to a tactical patrol force that management must also understand the respon- had a culture of promoting force and arrogance sibility of the union to defend its officers. in its treatment of people. Within that unit he Unlike most attorneys, union representatives do became a decoy officer (an officer who poses not have the option to walk away from a client. as a victim). As a decoy officer, he began to Unions, concluded Mr. Gallegos, should be understand what it was like to be an actual actively involved in politics, particularly when victim—to be accosted and threatened with a so many sheriffs are elected officials and so knife or gun. He also learned what it felt like to many chiefs of police serve at the pleasure of a be discriminated against. He learned that if mayor, city manager, or county administrator. people regard an individual as being different from the norm, they treat the person differently, most often in a negative way. The poignant lesson was brought home when Johnston served as a homosexual in a gay bar and was badly treated and harassed by police officers. Later, he was transferred to a unit to deal with hate crimes. Originally, he regarded hate crimes as inane and harmless compared with

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other crimes against persons. Then he had to “The shock is not that there are corrupt respond to a call involving a minority family police officers but that too often police living in an all-white, middle-class neighbor- departments are incompetent when it hood. On this particular evening, 18 windows comes to investigating corruption.” in the family’s home had been broken with —Judge Milton Mollen rocks. Johnston recounted that he arrived to find the father, the head of the household, in The Mollen Commission, led by Judge Milton tears and paralyzed, not knowing which mem- Mollen, found “pockets of corruption” in the ber of his family to respond to first. In that New York Police Department (NYPD) pre- moment Johnston understood that the most dominantly related to the drug trade. The major heinous crime was one that resulted in the loss shock in the investigation, Judge Mollen told of personal dignity. He recognized that in the the audience, was not that corruption existed in past, he was responsible for damaging the a 38,000-officer department but, rather, that the personal dignity of some of the people he was police department was incompetent and inept supposed to serve. What, he pondered, would when it came to dealing with the corruption. serve to prevent such an insult to the personal Another important observation was that there integrity of the people served by the police? were various cultures within the NYPD: a cop- to-cop culture, a cop-to-management culture Biased behavior, Superintendent Johnston (the blue wall of reluctance), and a cop-to- imparted, begins with seemingly harmless community culture. They are very different and words and jokes and ends with the performance exist in other police agencies as well. of a Mark Fuhrman. He recognized that the behavior of a Mark Fuhrman robs all police The Commission, Judge Mollen said, made officers of their credibility, and Johnston important recommendations for both internal himself had contributed to that situation. reforms and external oversight. There must be Superintendent Johnston finally arrived at a an outside, independent monitor to oversee the most courageous solution, which he has been effort to eliminate corruption. Dissenters must instrumental in implementing in the Boston have a voice and should be encouraged to come Police Department. All police officers, he forward. Better training and supervision are concluded, must be taught the true significance needed. Some basic questions must be an- of the U.S. Constitution, not simply the con- swered if integrity is to be improved: What straints it places on the procedural aspect of the happens to good, idealistic recruits? How do officers’ job. The U.S. Constitution is the only they lose their idealism? What happens in standard that can uniformly protect and pre- training, supervision, and patrol that changes serve the personal dignity of all people in the these people? Judge Mollen closed by saying, United States by guaranteeing civil liberties, if “The biggest victim of the crooked cop is the the police fully adopt it as a means to govern honest cop.” interactions.

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“If managers only ensured compliance “Most police chiefs are honest and with existing policies and procedures, have integrity, but they fail due to an there would be far less corruption.” ignorance of what is occurring in their —ACLU Attorney Ramona Ripston own departments.” —Hubert Williams

Ramona Ripston began her remarks by talking Hubert Williams began by observing that police about the perceived antipathy between police chiefs don’t receive near the credit in this officers and the American Civil Liberties Union country they deserve. In general, police chiefs (ACLU), but she reminded the audience that act with integrity and honesty. Where they the largest client group served by the ACLU are sometimes fail is in fully understanding what is police officers, primarily women suing police going on in their departments. departments because traditional police culture Mr. Williams remarked that values come not makes their jobs very difficult. Ms. Ripston just out of the documents that describe them remarked that one of the most important goals but from traditional police culture. Often, there of police organizations ought to be convincing is a gap between what the documents say and the community that the police perform their what is actually happening in the police depart- work in ethical and moral ways. ment. There is what Williams called a “discon- Ms. Ripston’s group has studied the way the nect between policies and practices.” Some- Los Angeles Police Department handles citizen times this information does not make its way to complaints. Only 5 of 18 divisions are follow- the top of the chain of command. Police offic- ing existing rules of procedure. Culture needs ers frequently protect each other. They some- to be instilled from the top down. One of the times see those in management as people who major impediments to compliance is managers are against their interests. These perceptions who do not know the regulations or are not clearly need to be changed. willing to follow them. Ms. Ripston also Mr. Williams also discussed several recommen- alluded to the Christopher Commission report. dations for improving the integrity of American She observed that police unions are one of the police officers: (1) develop operational strate- most significant obstacles for bringing about gies for more positive and creative methods of the Christopher Commission’s recommenda- discipline, (2) give more time to designing and tions. Above all, Ms. Ripston stressed that the implementing intervention strategies for prob- police and members of the ACLU are in the lem officers, and (3) focus on professional same business—securing and protecting the integrity as opposed to political opportunity. civil rights of those they serve.

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Fourth Plenary Session have provided officers with protection against unilateral decisionmaking as well as helping How To Effectively Cope With Influences individuals and the organization to cope with in the Police Culture and Organization and change. in the Community This session allowed line officers an opportu- The law enforcement community is in the nity to voice their perspectives and concerns midst of enormous change. Many U.S. police about police integrity. forces are based on a 1940s military model, said Dr. Hunt, one that was given up by the Moderator: John Nicolleti, Police military long ago. This model is based on a Psychologist, Denver, Colorado threat-and-fear management style. In many Panelists: Dr. Ted Hunt, Director, American departments, the support functions Los Angeles Police Department have become more important than the basic Protective League patrol functions. The American law enforcement community needs to do a better job of Sergeant Donald Cahill, Police Department, declaring its major role: Is it crime fighting, or Prince William County, Virginia is it crime prevention? Law enforcement is in Captain Ross Swope, Metropolitan Police the midst of a paradigm shift, and it is middle Department, Washington, D.C. managers who have the most to lose. Darryl Jones, President, National Law Dr. Hunt suggested that the average police Enforcement Integrity Institute officer wants two things: a decent wage and appreciation for a job well done. Officers thrive “Police unions derive their strength on appreciation, but middle managers do not from the failure of management to know any model other than the military model, protect officers’ interests and to listen so they do what was done to them. The focus to officers’ needs.” —Dr. Ted Hunt must be on quality control strategies. The values of the organization must be inculcated Dr. Ted Hunt began the session by quoting starting in the academy and continuing from Edgar Schein’s article, “Coming to a New throughout one’s career. Partnerships must be Awareness of Organizational Culture.” “Orga- forged between formal and informal police nizational culture is a pattern of basic assump- organizations. Values must begin at the top, but tions and behaviors adopted in order to provide they also must be driven from the bottom up; external adaptation and internal integration.” the energy for change must come from inside Many of the traditional internal strategies for and outside the organization. providing external adaptation and internal In his concluding remarks, Dr. Hunt focused on integration have not worked, Dr. Hunt argued. ideas that have been implemented in the Los Hence, external forces (e.g., the Christopher Angeles law enforcement community: Commission, the ACLU, the Mollen Commis- ❑ sion) have had to intervene. Internal systems A Center for Police Organizational have not met the needs or expectations of the Studies has been organized. It is a community. Police unions have arisen as an partnership among the L.A. Police internal mechanism to respond to the failures of Protective League, the University of La these traditional strategies. In the process, they Verne, and the California Commission on Police Officer Standards and Train-

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ing. Its mission is to study and improve must face every day, military training, senior police organizational culture. officers who act as mentors, the availability of extra training, and the fear of loss of one’s ❑ The L.A. Police Protective League has reputation and employment. Among the nega- formed a liaison committee. During its tive influences on police integrity, Sergeant formation effort was taken to include Cahill named the availability of corrupting minority membership. The League also influences in the culture. He also spoke of the has negotiated with the city council to poor example given by other officers as a major begin reengineering the disciplinary influence on recruits coming out of the acad- process. emy. Short cuts taken by agencies, lack of ❑ The L.A. Police Protective League has resources to accomplish goals, lack of disci- acted as a liaison with the Inspector plinary action against supervisors, supervisors General as well as with officials from overlooking misconduct, and supervisors who the Department of Justice. say, “It is right because I say it is right,” were ❑ The L.A. Police Protective League has also cited by Sergeant Cahill as significant played a pivotal role in bringing tax influences that sour street cops. dollars back to city and county depart- At the end of his talk, Sergeant Cahill offered a ments. few recommendations. First, raise standards. It may require making the pool bigger as well, “The forces that influence an officer to but in the long run, it will be worth it. Second, adhere to professional behavior are the ethics training must begin early and be ongo- extended family, trainers, mentors, the ing. Finally, proper ethics training needs to behavior of model managers, and the happen at the supervisory level as well. fear of loss of reputation and employment.” —Sergeant Donald Cahill “Mediocrity is the major cause of lack of integrity in American policing.” Donald Cahill, a senior sergeant with the —Captain Ross Swope Prince William County Police Department, opened by citing a list of characteristics of a At the heart of Captain Ross Swope’s remarks good police officer: sets an example on and off was a simple yet profound observation: the duty; enforces the law fairly and impartially; major cause in the lack of integrity in American obeys the laws he/she is sworn to enforce; police officers is mediocrity. Mediocrity stems considers the badge a symbol of public trust, from the failure to hold officers responsible and not a door opener or discount card; is helpful to accountable. It comes from a lack of commit- others who are in need; acts prudently and ment, laziness, excessive tolerance, and the use intelligently; takes care with evidence; shows of kid gloves. Dealing with mediocrity, said proper courtroom demeanor; and attempts to be Captain Swope, is perhaps the greatest contem- a leader in all senses of the word. porary challenge to American law enforcement. Sergeant Cahill then asked what positive The responsibility for dealing with it ought to influences help to reinforce these characteris- lie with police sergeants, lieutenants, and tics. Among those he cited were the following: captains. extended family and the network of values built Captain Swope asked: How is mediocrity by them, supportive teachers, peers whom one dangerous? He answered by providing the

35 Police Integrity

example of a bell curve, the standard distribu- pool is often too small; standards for measure- tion curve in statistical analysis. In a standard ment are often nonexistent; harassment, exces- bell curve, there will be few officers with many sive force, and discrimination are rampant; core virtues (prudence, trust, courage, efface- chiefs don’t often have enough discretion in ment of self-interest, justice, intellectual hon- making moral decisions; resources are insuffi- esty, and responsibility). The expectation is that cient; the public trust in American law enforce- there will be many officers with some of these ment is on the decline; officers sometimes core virtues and, unfortunately, some officers don’t reflect the communities they serve; and with few of these core virtues. the average academy ethics training consists of The extent of moral influence in a police one 4-hour block. department depends on the extent of influence Mr. Jones suggested that many of these prob- exerted by the lower and upper portions of the lems are not new, nor is the notion of commu- bell curve. Those who control the extent of this nity policing. In some ways it is another name influence, said Captain Swope, are sergeants, for putting cops back on the beat. No matter lieutenants, and captains. Police officers are what strategies are devised, four areas, said Mr. extremely sensitive and attuned to what fellow Jones, need constant attention if there is to be officers do and do not do. Officers know who significant improvement in police integrity. files false injury claims, who the second car is 1. A community-based approach to prob- on a “man with a gun” call, who steps over the lem solving should be used. Police line with excessive force, and who is likely to service must be oriented to community get lost for a full tour of duty. When officers in needs. the middle of the bell curve see that these people are not dealt with, they sometimes begin 2. All departments need internal review to imitate their behavior. Similarly, when those and assessment. Racism, sexism, in the middle of the bell curve see fellow harassment, and cronyism need to be officers take extra calls, quickly respond as dealt with through a systems approach. backup, and testify clearly and honestly, they The system must include credible begin to imitate them as well. The principal internal assessment. agents in bringing about this emulation are 3. Ethics training needs to be proactive. It sergeants, lieutenants, and captains. Behavior, should be less warm and fuzzy and concluded Captain Swope, runs both ways. All should be done by people who have but those at the lower end of the bell curve credibility with those who are being welcome change. taught. 4. The concepts of human dignity, equity, “The true leader in law enforcement is and social justice have to be considered the one who has model performance when judging promotions and commen- and behavior, not the one designated by dations. rank or title.” —Darryl Jones, Retired Police Officer Mr. Jones ended with three other connected points: First, that integrity is event sensitive; Darryl Jones cited a number of hindrances to second, that the negative is contagious; and high ethical performance among American third, that the “broken window” theory applies police officers: recruitment is difficult and the in police work. What these three points have in

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common, he said, is that they refer to an impor- “One part of the formula for police tant maxim in police work: Leadership is based integrity is an environment where on performance and behavior, not on position. police officers are involved in the improvement process.” Fifth Plenary Session —Chief Dennis Nowicki Impact of Internal Systems and External Forces on Police Integrity Chief Dennis Nowicki, the first of the speakers, shared some strategies and programs he has put This session explored the many internal sub- in force as head of the Charlotte-Mecklenburg systems and external forces that affect police Police Department. He began with two assump- integrity. tions: that his department should be a value- Moderator: William Geller, Associate driven department, and that most cops are good Director, Police Executive Research and if a chief involves his or her officers in Forum continual improvement, one can create the best environment for integrity to thrive. Many of the Panelists: Dennis Nowicki, Chief of Police, ideas he discussed at the conference were Charlotte-Mecklenburg, North Carolina brought forward by other members of his Dr. Sam Walker, Professor of Criminal department. Among those were the following: Justice, University of Nebraska at the police academy must move from a boot Omaha camp to an adult learning center; and curricu- Robert Scully, Executive Director, Na- lum-based inservice training must be made tional Association of Police Organiza- available to everyone in the department. tions Among Chief Nowicki’s other recommenda- Richard Roberts, Chief, Criminal Section, tions were the following: inservice training Civil Rights Division, U.S. Department should include core courses as well as elec- of Justice tives; quality speakers and teachers must be brought in from the outside to help in training Steven Rosenbaum, Chief, Special Litiga- and teaching police officers; internal affairs tion Section, Civil Rights Division, U.S. should develop early warning systems; the Department of Justice department as a whole should develop compli- Richard Williams, Chief of Police, Madi- ance/ethics audits; recruiting and selection son, Wisconsin processes could be improved by recruiting on college campuses; a chaplaincy program is an Merrick Bobb, Special Counsel to Los important part of building integrity in the Angeles County, California department; and the training of peer counselors Moderator William Geller opened the fifth is an effective way to build compliance with the plenary session with a few introductory re- department’s values. marks. He commented that a decade ago the In the Charlotte-Mecklenburg Police Depart- conference might be called “Crime in a Free ment, Chief Nowicki has instituted a peer- Society.” Today it can more properly be labeled review use-of-force committee; no committee “Freedom in a Crime-Weary Society.” member has a rank above sergeant. The department is also experimenting with the idea of cross-district review. Although some concerns

37 Police Integrity

about liability issues and confidentiality have tions, which has failed to curb police miscon- been voiced, Chief Nowicki concluded, these duct. Second, there is much to be learned peer-review boards so far have had promising from these failures. If a viable external review results. system is to be constructed, one must first learn why systems that have been tried have “Research on which types of internal not worked. audits are most effective in fostering police integrity is essential.” “Police departments need to move from —Dr. Sam Walker punitive discipline to positive discipline. Police officers deserve this level of Dr. Sam Walker brought to the session his respect.” —Robert Scully expertise on various forms of external audit of police departments. He began with a review of Robert Scully pointed to the importance of the facts: There has been a dramatic growth in having union people invited to take part in this the past 20 years in this country in citizen discussion of police integrity. He reminded oversight of police departments; the rest of the those in attendance that the labor movement is English-speaking world has been slightly ahead not simply made of officers but also includes of the United States on this issue; and there are many managers. Most of Mr. Scully’s observa- a variety of external oversight models used tions came in the form of the following strate- throughout this country. Some cities use an gies and ideas for improving police integrity: office of citizen complaint, others an ombuds- ❑ Move from punitive discipline to man. In still other cities, there is a compliance positive discipline. auditor and, in Los Angeles, an inspector general. Dr. Walker asked which of these ❑ All departments should have an open- models seems to have been most effective. door policy for all sworn officers and His answer: The jury is still out. conduct regular debriefing sessions, off the record; this should help identify More importantly, the new American political problem officers at the early stages. environment now more or less demands some form of external review of police departments. ❑ The Department of Justice should share This history over the past two decades has more information about police officers taught some important lessons. Dr. Walker under investigation. suggested that the lesson to be learned for ❑ Equal employment opportunity agree- managers is, “Do it, or have it done to you.” ments must be developed between labor The lesson for union leaders is, “Get on the and management in every department. train or be left at the station; citizen review is ❑ going to happen.” Performance evaluations need to be improved and should be less subjective. Dr. Walker ended his comments with two final ❑ observations. First, merely doing something, All police officers should have collec- anything, is not enough. This has been shown tive bargaining agreements. in cities like the District of Columbia, where ❑ All police officers should have due- the civilian review board was a failure, and the process rights in their departments. New Orleans Office of Municipal Investiga-

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Mr. Scully also made some recommendations 18 of the United States Code, the Department about academy and inservice training: has authority to criminally prosecute individuals, including police officers, who act under ❑ The case study approach should be used color of law to willfully deprive persons of more than it is, particularly in line-of- their civil rights. Such rights include the right duty death, use-of-force, and corruption to be free from use of excessive force and the cases. right to be free from unwarranted searches and ❑ The families of police cadets and young false arrest. The Division’s Criminal Section is officers must be better integrated into assigned responsibility for conducting investi- the life of the department. Stress man- gations and prosecutions, acting in conjunction agement training programs are a must with United States Attorney’s Offices and the for officers and family members. FBI. Each year the Division receives about Mr. Scully suggested that civilian review 8,000 to 10,000 complaints against police boards are by and large not helpful and should officers, correctional officers, and private be abolished. The principal reason he gave is citizens, and the FBI investigates about 2,000 that civilian review board members usually to 3,000 of these. On average, 70 indictments know very little about police work. Although are brought each year, of which an average of Mr. Scully voiced his opposition to civilian 27 are against law enforcement officers. The review boards, he said that if they are to be success rate for prosecutions against law used, members should meet minimum qualifi- enforcement officers is about two-thirds. cations and go through some training. Mr. Rosenbaum described the Division’s civil enforcement program. In 1994 Congress “Where a systematic weakness in police granted the following new authority to the integrity undermines the rule of law Justice Department to bring civil actions for and jeopardizes the rights of citizens, declaratory and injunctive relief to remedy a [the Department of Justice] must inter- pattern or practice of police misconduct: vene.” —Richard Roberts and Steven ❑ 42 U.S.C. 14141. This authority supple- Rosenbaum ments the existing law that prohibits law enforcement agencies that receive Richard Roberts and Steven Rosenbaum, of the Federal funds from engaging in dis- Justice Department’s Civil Rights Division, are crimination in carrying out their law cochairs of the Attorney General’s Task Force enforcement responsibilities. on Police Misconduct. As described by Mr. Roberts, the initiative has brought together ❑ 42 U.S.C. 2000d; 42 U.S.C. 3789d. different agencies within the Department and Under these laws, the Division exam- different sections of the Civil Rights Division ines “systematic failures of great sig- in a comprehensive effort to combat and pre- nificance,” which may include: use of vent law enforcement misconduct through excessive force; discriminatory stops, enforcement of Federal civil rights laws and searches, and seizures; and supervisory through training as well. failures (e.g., failure to train, failure to investigate misconduct allegations, and Mr. Roberts explained the Civil Rights failure to discipline). Division’s longstanding criminal enforcement program. Under Sections 241 and 242 of Title

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Mr. Rosenbaum emphasized that the Division “Continuity and consistency in con- views itself as collaborating with State and cerns about integrity inhibit the 20-year local law enforcement agencies in promoting cycles of sensationalism and corrup- police integrity. tion.” —Merrick Bobb

“It’s time for us to stop focusing on the Merrick Bobb gave a short history of the bad apple and tend to the whole bar- workings of the Kolt Commission and his role rel.” —Chief Richard Williams as Special Counsel to Los Angeles County. Mr. Bobb explained the five goals he and his Chief Richard Williams shared several anec- staff strive to meet in their oversight and dotes about his experiences to elucidate the monitoring of the L.A. Sheriff’s Department: point that after putting systems in place, one (1) strengthen the Sheriff’s Department’s must check to see that they are working the internal systems, (2) test the department’s way they were intended. Too often, he said, accountability, (3) reduce its liability, (4) chiefs believe that all of their officers will restore its credibility, and (5) report fully behave well all of the time. Then they are and honestly. shocked when one goes wrong. They must For each of these goals, Mr. Bobb suggested a ensure that there are systems in place to do number of strategies and practices that might random checking. It is the chief’s responsibility be helpful to other departments. They include to tend to the whole barrel, i.e., the department, what he called “roll out” squads, representa- rather than focusing on the one bad apple. tives from training and internal affairs and Chief Williams outlined four principal external other department members who go to the scene forces that often affect issues of police integ- to help in cases that could have potential rity: political figures, the media, accrediting liability problems. Under “testing accountabil- organizations, and the public. His two major ity,” Mr. Bobb said that a computerized system conclusions were that one must check con- for tracking citizen complaints, lawsuits, and stantly to ensure things work as they are ex- use-of-force cases is indispensable to improv- pected, and police organizations must be ready ing police integrity. For “restoring credibility,” for constant examination by the four external Mr. Bobb stressed the importance of having forces. external review and independent monitoring of compliance. These systems need to be permanent and ongoing so that the 20-year pattern of corruption and cleanup that occurred in New York City will not be repeated.

Note: Briefing papers were prepared for each individual plenary session to orient participants to the general content of the panel. These briefing papers appear in Appendix B.

40 Chapter 4 Small Group Working Sessions on Integrity and Ethics Panel presenters and keynote speakers raised Facilitation issues during plenary sessions that nine small The nine work groups functioned individually, work groups dealt with in depth, focusing on but they had a common purpose introduced in matters such as practical implications, needs of facilitator training. Prior to the start of the both police agencies and individual employees, symposium, facilitators and recorders were research opportunities, and model practices. identified for each of the work groups. Facilita- Each group was diverse, consisting of police tors and recorders met for orientation and officials, academics, and others. Most of the instruction by Dr. Karen Spencer, Director of panelists who presented at plenary sessions Faculty Development, The Johns Hopkins also participated in the small group meetings. University, on the day before the symposium Three themes were identified for the small began. Dr. Spencer provided guidance in group working sessions and were set forth in conducting group exercises, establishing a the symposium agenda: dialogue to encourage all members to partici- ❑ Integrity and ethics—to “facilitate a pate, identifying key issues, reaching consen- broad discussion of integrity and ethics sus, and reporting findings. An additional half- issues that confront all public and day orientation session was held for panel private institutions.” presenters and speakers. ❑ Police culture, leadership, and organiza- In addition to the presymposium instruction, tions—to “examine the effect of police facilitators and recorders met each day to culture, leadership, and organization on discuss the results of their sessions and provide integrity and ethics.” feedback. ❑ Internal systems and external forces on Key Findings police integrity—to “examine how to The nine work groups began their sessions by improve and integrate internal systems discussing remarks made by Attorney General and external forces that can sustain high Janet Reno during her keynote address. The integrity and ethical standards.” Attorney General stated, “The public wants to believe in its police officers.” Group members In addition to giving participants the opportu- considered how wrongdoing by the police had nity to respond to issues raised by panelists and a more significant effect on the public than speakers, the small group sessions provided a wrongdoing by other occupations because the forum to address other issues of importance public’s disillusionment with police who regarding integrity and ethics. Group members commit wrongdoing or who fail to act in an also discussed model practices used throughout ethical manner is so severe. the country and made recommendations for followup by the Department of Justice.

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Focus on the Positive most police agencies is designed solely to One underlying theme surfaced in almost every “pounce” on the negative, as one group mem- group session—the need to reinforce the ber said. positive. Because discussions about integrity In turn, many police officers view integrity often focus on wrongdoing and weaknesses simply as the absence or avoidance of wrong- within organizations and the police culture, doing. Most wrongdoing is perceived as a there is a need to reinforce those things that violation of policy, procedure, or law. Within police agencies and officers do well. this context, there is little focus on the meaning All of the work groups acknowledged that or need for a higher order integrity—moral police corruption is not pervasive. Most police responsibility, moral decisionmaking, infusion officers function with a high degree of moral of values in all tasks, and ethical performance consciousness and professional ethics. Most regardless of circumstance or location. calls for service are handled well. Most serious Little has been done to assess agencies and crimes in most jurisdictions are solved. Most their personnel based on the positive outcomes people are satisfied with the performance of of their work in relation to their stated objec- their local police. Most police officers uphold tives. Many of the departments committed to high professional and personal standards— community policing continue to evaluate dignity, respect, service, compassion, hon- officers based on statistical performance and esty—in all that they do. the absence of problems rather on the quality of This does not negate the need to address infrac- their solutions to the problems or their ability tions, improprieties, and lack of integrity to marshal the community in the improvement swiftly and aggressively. But there is a need of public safety. within police service to cease evaluating In considering the positive, police officers agencies and officers solely on the presence or should be encouraged to take pride in their absence of wrongdoing and alleged wrongdo- achievements and feel good about supporting ing. Traditionally, police integrity and, in fact, their organizations. This pride becomes a force police performance have been assessed almost toward building stronger systems to improve solely in negative terms. A police agency is and maintain integrity and productivity. deemed to have integrity if there are no scandals, no negative headlines, and, as one chief of Police officers need to be aware of the values police said, little or no “political fallout.” For and principles that provide the foundation of much of the population, police agencies con- their organization, their profession, their work, tinue to be deemed successful if there is no and the communities they serve. These prin- major crime wave and no drop in response ciples and values must be evident throughout time. Police officers are judged successful if the organization, especially in the priorities of they avoid citizen or supervisory complaints, commanders and the police chief. Recognition maintain their statistics, and show up for work of achievements consistent with these values is on time. a way to energize agencies and their employees to realize and appreciate the good work they do Many politicians continue to judge police and to foster a collective approach—from integrity on the basis of lack of corruption or officers, administrators, labor organizations, forms of wrongdoing by police officers. Like community organizations, and others—to many police executives, they do little to rein- minimize unethical behavior. force positive behavior. The internal system in 42 Chapter 4

Primary and Secondary Issues Although the secondary subjects are listed as Exhibit 1 is a matrix that shows key topics being discussed less frequently, this does not common to the nine work groups. This matrix imply that they are of lesser priority. In fact, for does not reflect all of the issues raised in work some work group participants, subjects such as group sessions. Two areas—community polic- civilian oversight, national standards, and ing and leadership—were discussed in some developing trust were their highest priorities in depth by all of the groups. Others such as improving police integrity. selection, the police culture, and internal Community Policing sanctions were addressed by almost all the groups. One of the issues raised at some point by the working sessions was the effect of community Each of the primary topics is addressed in the policing on integrity and the importance of following paragraphs, which give brief summa- trust and integrity to the success of community ries of work group discussions based on dia- policing. Close ties between police and the logue among work group participants as well as community were once viewed as a source of input from group facilitators and recorders. corruption, and, as a result, police officers were Other topics were raised in the work sessions discouraged from establishing lasting relation- that were discussed by a smaller number of ships within the neighborhoods they served. groups. Today, this is changing as community policing

Exhibit 1. Matrix of the Most Common Topics Discussed in Work Group Sessions

Primary Topics Secondary Topics Community Policing Civilian Oversight Selection Character of Police Officers Training and Education Defending the Constitution Corruption National Standards—CALEA (Commission on Accreditation for Law Enforcement Agencies)— Leadership Defining Integrity Police Culture Informal Versus Formal Rules and Codes Organizational Structure Performance Evaluations Unions and Labor Organizations Trust Values and Principles Funding Sanctions, Rewards, and Punishment Politics Perception and Image Media

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fosters new partnerships. With this change, Due to their complexity, work group sessions however, comes the need to reassess the exact discussed many of these elements as separate nature of ties between police and community. issues. Compelling officers to become more involved Selection with the neighborhoods they serve and to solve Many of the groups focused on the potential for problems in those neighborhoods requires hiring police officers and civilian employees yielding considerable authority to them to who possess the character necessary to uphold identify and analyze issues and make important the highest standards of integrity and withstand decisions. Giving this freedom to officers temptation to deviate from these standards. requires police leaders to relinquish many of Many recognized that in the past, selection of the traditional controls and restrictions placed police officers focused more on ability to on officers in the past, including rigid policy, perform job tasks than on character. bureaucratic systems for gaining approval to take action or spend time in problem-solving There was a common perception among groups activities, and the inability to contact other that the pool of highly qualified applicants to resources—e.g., public works, health depart- police service seems to be getting smaller as ments, social services—without prior endorse- entrance criteria become more rigid. Partici- ment by a supervisor or administrator. It also pants felt that new ways to attract qualified requires new strategies for monitoring officers’ people to the profession needed to be identi- behavior and performance and holding them fied. The selection process must screen in those accountable. who exhibit characteristics consistent with the profession, not just screen out bad candidates. In community policing, decisionmaking is pushed down the chain. The community polic- There was agreement that more stringent ing philosophy advocates that police officers selection criteria are in place today than at any function as primary decisionmakers, but many other time in modern history, although some administrators and supervisors are unable to participants noted that these criteria may have relinquish their control and accept this working been modified from time to time to broaden the arrangement. Generally, this reluctance exists pool of candidates. Many questions emerged: because means to hold community policing Are recruitment and selection processes miss- officers accountable have not been developed. ing the mark in attracting and selecting the best In some cases when administrators do provide candidates for police service? Are bureaucratic authority and encourage greater discretion on and affirmative action mandates and the “rush” the part of officers, it is not easy for all mem- to hire officers under DOJ-COPS grants caus- bers to grasp this change because it appears ing police executives to perpetuate a selection inconsistent with traditional policing ap- process that has failed to change to meet the proaches. needs of today’s police agencies and the communities they serve? Is there a relationship Many elements of the police organization— between education and integrity that might leadership, training, crime analysis and infor- influence a department’s decision to require mation sharing, supervision, resource alloca- college education as an entry-level criterion for tion, labor organizations, performance evalua- employment? tions, and recognition systems—need to come together to make community policing viable.

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Training and Education struction that the officer failed to grasp the first Can integrity be taught? There was consensus time it was offered. New ways to assess and among most people participating in the work develop basic skills such as reading and report groups that internal professional education writing is needed to support candidates who plays a key role in influencing and maintaining have not had the privilege of a sound education. employee integrity. More emphasis is needed Field training and postfield training programs on quality education—in addition to basic need to be refined as a means for encouraging skills training—from the moment an officer is ethical behavior. Police leaders must aggres- hired through to retirement. But police agen- sively pursue an end to the “untraining” that cies have been slow to emphasize quality and takes place when young officers are taught to consistency in instructional programming. forget what they learn in the police academy in Police officers are faced with making moral favor of “street smarts.” The myth is that they and ethical decisions every day. Yet few officers learn practical tactics and street survival skills. receive instruction to support this decision- The reality is that, while they may learn some making. Few officers are given structured practical approaches to police service not practice in dealing with challenges to their taught in the academy, they are also influenced integrity or in ethical decisionmaking. The negatively. Field training programs need to number of hours allocated to integrity and emphasize critical tasks for the patrol officer ethics instruction in recruit and inservice and ensure that field training and academy programs remains embarrassingly low. State training are consistent in the requirement for minimum standards for police training gener- those tasks. ally require only a couple of hours of instruc- Police agencies also need to invest in leader- tion in ethics. Some States require none. ship and executive development. Currently, There was general belief among work groups many more programs are being developed that that most police recruits enter the profession focus on issues such as leadership skills and principled and with some degree of enthusiasm navigating the change process. Nonetheless, and a willingness to learn and to serve. Are much of the training still centers on traditional there influences in the initial training of these management concepts. The needs of police recruits that cause them to lose some of their executives should be assessed and a model enthusiasm, doubt the system, or blindly accept executive development program developed to the negative aspects of the culture? provide police academies with a source of training ideas and techniques. Recruits, tenured officers, supervisors, and administrators are adult learners. Their expecta- Overall, police education needs to engage tions for learning far surpass the traditional police members in more indepth levels of training they receive, which is rarely more than discussion of issues. It is not enough to lecture lectures and videos. They have little say in on integrity. It is essential that an opportunity directing the professional education provided be provided for trainees to participate in active by their departments. discussions for employees to grasp and understand the complexity of the issues and the need Remedial training for those who fail exams is for personal involvement in maintaining police generally provided only in the larger depart- integrity. Further, symposium participants ments. When remedial training is provided, it is recommended that officers at all levels of the too often little more than a repeat of the in-

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department be allowed to participate in efforts The nature of corruption has changed over the to reengineer their respective departments to years, resulting in higher levels of criminal foster integrity. There was a deep and abiding activity among police officers. It is more understanding by participants that the more all blatant—police officers have banded together members participate in developing changes, the to form criminal gangs—and also more ac- greater the likelihood that they will be imple- cepted. Is this trend in police service simply a mented successfully. reflection of society and its changing values, or Although work groups focused much of their does it reflect a greater acceptance of a lack of discussion on the need for quality education in integrity? police service, participants also noted that Corruption reform is a critical problem for education and training are not a panacea to police leadership. It is also a problem that must solve all integrity-related ills. Too often, police be shared by unions, police officers, political executives and others view education and leaders, and members of the community. An training as a “cure-all.” As one chief stated, environment that tolerates corruption does not “We act as though once we get our officers into evolve overnight. It is as important to ask inservice training and help them ‘see the light,’ questions about the environment that tolerates we have done all we need to do to effect the corruption as it is to investigate the indi- change. I’ve seen very little behavior changed viduals who commit it. It is important to ask simply as a result of training.” There was what role the community, political leaders, and consensus that quality education and training— others external to the police department play in with emphasis on “quality”—are only one establishing an environment that either toler- component of the effort to improve integrity. ates or refuses to tolerate corruption. Corruption If corruption is wrong, then what is right? It is Corruption needs to be an integral part of any important to define expectations so that officers discussion on police integrity. Although most and civilian employees know which behaviors of the symposium presentations and group are acceptable and which are not. Most work discussions focused on the broader issue of group participants agreed that police executives instituting and maintaining integrity within and their agencies do a poor job in relaying police departments, hard-core corruption also clear expectations to police personnel. The was discussed. effects are even worse when expectations are clear but there is no followthrough to reinforce Corruption takes many forms. Traditionally, it them. is thought of as criminal violations committed by police officers for the purpose of personal It is reasonable to assume that police and gain—e.g., accepting bribes, selling confiden- civilian employees should know right from tial information, tampering with evidence. wrong as they relate to criminal corruption— Responding to this form of corruption aggres- they should recognize that stealing, violating sively will always be a primary responsibility confidentiality of information, and accepting of police leaders. Other forms of corruption— bribes are improper. Police employees are e.g., failing to respond to certain calls for public servants who have assumed the public’s service, withholding information from police trust and therefore should not abdicate their reports, failing to bring forth first-hand knowl- responsibility to maintain personal integrity, edge of wrongdoing by other officers—must regardless of the state of the work environment also be addressed expeditiously. 46 Chapter 4

or chief of police’s or sheriff’s managerial Whether coming from within the organization style. Nonetheless, it does happen in those or another agency, a chief of police or sheriff environments where support is lacking or needs to move swiftly to improve integrity. The questionable behavior is modeled by superiors. leader must define standards for acceptable behavior and define how others in the depart- Indepth discussions about corruption usually ment—commanders, supervisors, officers, and take place only after corruption is uncovered civilian employees—can meet those standards within the agency or a neighboring agency. and support others to do so. Few police engage in quality discussions— either through inservice sessions or meetings The leader bears primary responsibility for with superiors—as a means of preventing informing the public about its role in maintain- corruption or fostering an environment open to ing integrity and for involving citizens in communication about it. efforts to control corruption and improve Leadership integrity. An effective leader should grasp every opportunity to involve citizens in advisory roles There was a common perception among work and engage them in constructive ways to group participants that the average tenure of a prevent wrongdoing. chief of police has declined in recent years. Some attribute this to the public’s dismay over In modern police service, leaders must do more police integrity and the demand by citizens and than articulate right behavior; they must exhibit their political leaders for a “quick fix.” right behavior. The leader must ensure that the agency’s values and principles are articulated, Not all police administrators are leaders. It and he or she should include input from the cannot be assumed that all police chiefs, department’s stakeholders. The leader then sheriffs, and other executives will commit must provide followthrough and ensure that the themselves and their agencies to self-study, risk values and principles are expressed, communi- taking, team building, or other actions neces- cated, and reinforced throughout all aspects of sary to improve integrity. They will continue to the department’s operations, administration, rely on traditional means—citizen complaints, and service. followed up by internal investigations, and, in the extreme, grand jury investigations. The leader must reward positive behavior and move swiftly to address wrongdoing. Leaders What role does a leader play in establishing an should enlist others, internally and externally, environment that minimizes the potential for to solve integrity concerns. The goal of every integrity violations? The chief of police or police leader should be to create an atmosphere sheriff bears full responsibility politically, in of a total and comprehensive “us” that includes the media, and in the eyes of the public but, in the community, rather than an “us against reality, often inherits an environment that them” attitude. evolved over many years. While effective leaders can move an agency in a positive Leadership in a police department is not bound direction in a relatively short time, changing or defined by rank. Those in executive posi- the culture and effecting lasting change cannot tions have an obligation to develop supervisors’ be accomplished overnight. Political and public capabilities and compel them to assume a expectations for law enforcement executives to greater role in maintaining integrity. Integrity effect rapid change are often unrealistic. issues should not be relinquished to a central unit or authority until all alternatives to deal

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with them within the smallest unit have been Police executives, union leaders, political exhausted. In this regard, the first-line supervi- leaders, and others must come together to sor assumes a key leadership role in ensuring develop a collective vision of what the police that employees adhere to high standards of culture of the future should be. If leadership professional behavior and ferreting out those does not assume an aggressive role in changing who violate these standards. the police culture to one of integrity, officers Police Culture will continue to foster their own culture in their own way. Is there something in the police culture that weakens the idealism and positive zeal of Organizational Structure young police recruits? Why, after decades of To what extent do organizational structures concern, does the police culture continue to contribute to unethical behavior? Too few tolerate a “code of silence” in matters related to police executives view their organization’s violations of integrity and law? A recurring structure as a viable tool for improving integ- issue in work group sessions was the need to rity and service. The organization’s structure is view police integrity as all-pervasive in a police the key determinant of the nature of relation- department and critically influenced by the ships among employees, units, other agencies, police subculture. and the community. It influences productivity For generations people have referred to the and sets forth a system of checks and balances police “culture.” This was referred to in the to ensure that service is provided efficiently “Selected Issue Papers on Plenary Panel Pre- and effectively. How the organization is struc- sentations,” provided to all symposium partici- tured internally will affect dramatically how it pants: “Like integrity, the police culture defies polices externally. For example, an organiza- simple definition.” The police culture is made tion that places priority on accountability of up of distinct subcultures—police to police, managers and supervisors, equal treatment for police to supervisors, and police to commu- all its members, citizen accessibility to the nity—each of which has to be defined and department, inspections and audits, and quality understood for its role in fostering or corrupt- education for employees will do better at ing integrity. maintaining integrity than one that ignores or minimizes these organizational factors. One of the key components to changing the police culture is the coming together of Fed- Far too many police organizations remain eral, State, and local police officials to embrace closed to the people they serve. Citizens know an agreed-upon statement and subsequent little about how the police organization func- commitment to establishing a culture that is tions and why. This causes the public to ques- intolerant of the “code of silence,” unprincipled tion police tactics, operations, expenditures, behavior, misconduct, dishonesty, and poor- and, ultimately, integrity. The guise of protect- quality police service. All police should work ing sensitive investigations, shielding the public to establish a culture that promotes openness, from the negative aspects of policing, and ensures internal and external fairness, promotes notions of the police being “different” have and rewards ethical behavior, and establishes a insulated police organizations from their foundation that calls for mandating the highest citizenry. Recently, citizen police academies quality service to the public. All police mem- have begun to remove some of the cloak of bers should also promote a culture that attracts mystery from police organizations, but more is and retains good officers. needed. 48 Chapter 4

Weak systems within the organization tend to Values and Principles breed integrity problems. Favoritism in promo- Defining values and principles, relating them to tions and assignment to specialty functions; the Constitution, and incorporating them into infrequent or poorly conducted audits of everything the police agency does is one evidence-handling systems, informant funds, important way to maintain integrity. Values and and use of sick leave; unstructured or nonexist- principles must be articulated, understood, and ent rotational systems in certain units deemed embraced by every executive, supervisor, to be sensitive (narcotics, vice, liquor inspec- officer, and civilian employee. Ideally, they tions); haphazard report review; and poor- should also be supported by the political entity. quality inservice and supervisory training However, most police agencies continue to programs are but a few of the organizational function without an awareness of their basic weaknesses that create an environment in values. Even when values are written down, which its members are vulnerable. The best departments too often do not comprehend that insurance against corruption in a police depart- their full impact can not be realized until they ment is pervasive accountability, fairness, are incorporated into day-to-day discussions consistency, and equity. and operations. Unions and Labor Organizations Teaching values, their meanings, their deriva- Generally, police organizations function around tions, and their applications should be an a traditional adversarial dichotomy: The chief integral part of all recruit and inservice educa- of police or sheriff advocates for management tion. This instruction should be ongoing while the labor union advocates for personnel. throughout an employee’s career. In addition, Yet executives of both the police department police training should teach the full meaning and the police union share a common goal: and historical role of the Constitution to give Both desire a police department of which they the whole picture of what a police department can be proud. Therefore, the relationship is trying to achieve. Generally, the only aspects between labor and management does not have of the Constitution that are taught in police to be primarily adversarial. Even if manage- academies are those portions that constitute a ment and labor have different objectives related constraint on the police. to salary, benefits, and work schedules, there Sanctions, Rewards, and Punishment are many shared areas of agreement. One of To what extent does fear of punishment influ- those is that both are intolerant of corruption ence ethical behavior? In most police agencies, and mediocrity. sanctions against integrity violations are based According to many of the work group partici- on a manual of rules and regulations. Internal pants, the adversarial relationship is so strong affairs units investigate allegations. There is, in some agencies that coming together on however, little else. matters related to integrity will be difficult. Some of the executives who participated in the This is compounded by general distrust and the work groups stated that they are mired in fact that many union contracts provide legal overly bureaucratic internal affairs processes support to officers who commit integrity that are supported by complex union contracts violations. and a legislated police officers’ bill of rights. Others stated that they know how to use the system to swiftly address wrongdoing.

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The mission of police departments’ internal sent a confusing message to applicants who control functions should not simply be to had worked hard to meet the hiring standards. investigate crime or wrongdoing by police Programs need to be developed to educate officers. Rather, police departments should go politicians and government leaders about their one step further and, for every violation, perti- proper role in relationship to police operations. nent policies, procedures, and all relevant Although interference at the procedural and training should be assessed to determine personnel levels may never be eliminated, its ill whether there exists any portion that may prove effects can be minimized through education to be confusing, unclear, or simply wrong and and understanding. that requires repair or correction in order to provide correct guidance to police members. Politicians who cater to unions and other officer associations to get votes and then return Within most police departments, there is “favors” for those votes create ethical prob- accountability for acts of corruption and other lems. There are ways for politicians to work forms of wrongdoing. But there is little or no with police unions during campaigns that do accountability for those who allowed such an not have to result in favoritism, blind support environment that tolerated the corruption to during contract negotiations, or other evolve. When accountability does occur, it byproducts that raise integrity questions. usually takes the form of the termination of the chief of police. But few deputy chiefs, majors, Ideally, the police leader must be willing to and captains have been sanctioned for their foster change and, if necessary, confront politi- roles in ignoring weaknesses in organizational cians if they foster or ignore corruption, know- or individual integrity. ingly or unknowingly. The nature of the interaction between the top police executive and his Politics or her political leaders is scrutinized carefully If the political environment surrounding a by both police employees and the public. The police department is corrupt, then it will be far quality and integrity of this relationship be- more difficult to control corruption within that tween the police executive and government police agency. Political interference in a police leaders sets a tone within the entire organiza- agency’s operations mitigates against integrity tion. in the department. Politicians and government leaders should understand that their role is one Perception and Image of setting policy for the police agency and then Almost all work group participants acknowl- permitting the chief of police to have the edged that this is a difficult period for those responsibility to apply the policy to operations. serving in police agencies because the integrity and image of the entire profession is being As one work group participant noted, in an questioned. Some of the public’s perceived academy class five recruits had been recom- bastions of police integrity—the Federal mended for rejection by background investiga- Bureau of Investigation, the Los Angeles Police tors. A local politician insisted that the five be Department and their “Joe Friday/Adam12” retained even though they did not meet stan- image—have come under question and scru- dards. This action sent a message that the tiny. As one police executive stated in a work efforts and integrity of the background investi- group, “Regarding the public’s perception of gators were meaningless. It caused employees the police, this is the worst period I’ve seen to question the worth of the entire class, and it since the late ’60s and early ’70s.”

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While it is hoped that community policing and However, this important role is often negated other forms of quality police service will because the media “sensationalize” many overcome negative perceptions about the incidents. Striking a balance between effective police, it will take some time. There is a need reporting and sensationalism poses a particu- to take some immediate steps to repair the larly difficult problem for many police execu- damage caused by a series of national scandals. tives. One executive told the story of an officer who had mishandled a missing persons incident Generally, police leaders are not encouraged to by failing to submit a report on time. No one think about the possibility of marketing their was harmed in the incident, and the officer, a 7- departments. Any marketing that occurs does year veteran, admitted his wrongdoing. The so as a residual of outreach programs such as police department was handling the case Drug Abuse Resistance Education (D.A.R.E.®) appropriately and according to proper proce- and Gang Resistance Education and Training dure as an internal affairs matter. A small local (G.R.E.A.T.) or colorful recruitment brochures. newspaper got hold of the story and sensation- Many of the work group participants cited the alized it for several days. The chief of police inadequate marketing police agencies have gave the paper all of the facts and worked to done regarding community policing. put the story into proper perspective. Ulti- When police chiefs and sheriffs consider mately, the police officer committed suicide, marketing their departments, they should begin leaving a note about his “tarnished badge.” with a careful analysis of the police service and While not the norm, the anecdote reflected the how it is perceived by the public. They need to pressures many executives and officers experi- understand that at the heart of gaining positive ence from the media. publicity is a persistent gathering of examples of accomplishments of the department and Work Groups individuals within the department. Chiefs and Almost without exception, work group partici- sheriffs also need to understand that not all pants wanted more time to discuss integrity- efforts will be publicized by the media. Persis- related issues, and many continued their dia- tence coupled with efforts to meet the media logue after the day’s events concluded. Partici- personally and explain the police operations pants suggested that for future sessions, spe- will go a long way toward achieving positive cific topics should be assigned to individual publicity for a department. groups and sufficient time should be allotted to discuss them. Time constraints made it difficult Media for groups to engage in indepth discussions on The media have the potential to both positively the numerous topics pertaining to integrity. and negatively affect police integrity. In many Although this caused some frustration for work instances, if it were not for exposes of certain group participants, all understood that for the incidents by the media, many police agencies symposium it was more important to get all the would not respond as quickly or effectively as related issues and topics identified. they do to either investigate or make needed These pages reflect an overview of the com- corrections. The media bring pressure to a ments, concerns, and needs of work group police agency to release information, investi- participants. Almost all of the participants gate wrongdoing, and hold itself accountable to expressed positive views about working in the public for the actions of its personnel. small groups with people from various compo-

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nents of the criminal justice network, a need for derive common actions acceptable to all followup, and a willingness to participate in parties. future sessions of this type. 4. Convene a national workshop inviting representatives from the leading police Recommendations executive leadership development The National Symposium on Police Integrity programs throughout the country (e.g., achieved consensus on a number of issues. FBI National Executive Institute, Many of the discussions resulted in specific Federal Law Enforcement Training recommendations for NIJ and COPS, which are Center’s Federal Management Institute, categorized into short term and long term. California Command College, Southern Initially, some were too broad or theoretical to Police Institute, The Johns Hopkins be useful, and the work groups and facilitators University Police Executive Leadership spent time developing practical recommenda- Program, Bill Blackwood Law Enforce- tions. The final list of recommendations, as ment Management Institute) to discuss prepared and presented by the participants in infusing integrity and ethics throughout the work groups, is summarized below. the curriculums for greater effectiveness Short-Term Recommendations in police leadership development programs. 1. Continue the dialogue, started at the National Symposium on Police Integ- 5. Develop materials on best practices rity, at a level closer to local practition- used in police service by selected police ers through additional national or practitioners and other professionals regional meetings at which information who could highlight ideas and practices can be collected and shared. As noted they have found useful and effective in above, time did not allow for indepth responding to issues of police integrity. discussion of many of the issues identi- 6. Identify model practices applied suc- fied through the work of the sympo- cessfully in other professions to instill, sium. monitor, and maintain integrity. Illus- 2. Conduct a short survey of symposium trate applicability—similarities and participants to identify actions instituted differences—to police service. Identify in their respective agencies that may key contacts who can provide further have resulted from participation in the information on these model practices. symposium. Because time has elapsed Among the professions that should be since the symposium, participants may examined are medicine, specifically the have additional perspectives and sug- fields of bioethics, geriatrics, and health gestions. policy; engineering; business; the clergy; the military, specifically the 3. Convene a work group consisting of Joint Services Conference on Profes- representatives from police agencies, sional Ethics (JSCOPE); education; civil service agencies, labor organiza- law; and the media. tions, and investigative and enforcement agencies (e.g., DOJ’s Civil Rights 7. Infuse perspectives on integrity devel- Division) to examine the impact of oped at the symposium into existing external forces on police behavior and and planned initiatives supported by

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NIJ, such as the regional technology Long-Term Recommendations centers, and the COPS Office, which 1. Develop and implement a national will soon have Regional Community “teach the teachers” program to create a Policing Institutes. corps of instructors versed in ethical 8. Develop a series of curriculum aids to theory and practice in police service. introduce integrity into recruit, The goal of this program is to create inservice, supervisory, and executive consistency and quality in the nature of education and training programs spe- instruction being provided to police cifically related to community policing. personnel on matters related to integ- An example of a curriculum aid would rity. be the development of case studies in 2. Assess entry-level screening and hiring which issues of integrity are explored. processes to determine if they are 9. Develop a videotape for police educa- reliable predictors of ethical behavior. tion based on the principal presenters at The goal should be to explore the the National Symposium on Police concept of “including in” rather than Integrity. “weeding out.” Are there good predictors for determining virtuous police 10. Convene a series of workshops on state- behavior as opposed to eliminating of-the-art thinking on specific issues candidates because of questionable such as internal auditing, recruitment behavior? and selection, performance evaluation, entry-level and inservice training, early 3. Explore existing models and/or develop warning systems, peer review systems, new models of performance evaluations and internal affairs units and their that enhance professional behavior. processes. Explore ways in which the community may become involved in evaluating the 11. Prepare a collection of curriculum performance of police officers. outlines and lesson plans to establish a base of information on the content of 4. Identify characteristics of officers, integrity-related training currently being supervisors, and executives who have provided to police personnel for na- performed with integrity and have a tional dissemination through the Na- proven track record. Identify influences tional Criminal Justice Reference that reinforce positive behavior, and Service (NCJRS). develop models for police agencies to build on these influences. 12. Identify model mission and value statements and academy curriculums 5. Assess citizen oversight of police that support them. Make this informa- agencies, specifically civilian review tion available to police agencies boards, to determine if positive change through NCJRS. has been effected by such oversight. Views should be gathered from both 13. Identify and make available model police personnel and the public. To media relations programs that have date, most information on civilian focused successfully on both police review is anecdotal. integrity and community policing.

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6. Establish a National Institute on Police methods of receiving and responding to Integrity and Ethics to provide a long- citizen complaints about officer perfor- term, ongoing commitment to improv- mance? Do these alternative systems ing and maintaining integrity in police avoid creating an adversarial environ- service. The institute could serve as a ment for police officers, the police clearinghouse for best practices, prob- agency, and the public? lem solving related to integrity issues, 10. Identify efforts to improve and maintain educational curriculums, and more. It integrity applicable to small- and could also serve as the sponsor of medium-sized police agencies that do regional and national workshops and not have large training staffs, planning the “teach the teachers” program cited units, or internal affairs units. Identify above. The institute could certify ways in which small- and medium-sized teachers who complete the program. It departments can access this informa- could further serve as a center for tion, implement programs or proce- conducting, coordinating, and monitor- dures, and evaluate their progress. ing research on police integrity and ethics. 11. Conduct research on nonpunitive approaches to dealing with integrity 7. Involve the public in indepth, open violations that do not involve commis- discussions on the nature and quality of sion of criminal acts. Identify how police service. Develop a series of police departments successfully handle national discussions in regional public officers who commit ethical violations libraries on the purpose of American but may not warrant termination. police organizations. Why do police exist in our society? What is the role of 12. Identify successful alternatives to police in a democratic society? Partici- traditional field training officer pro- pants should include police officers, grams. Identify ways to stop perpetuat- members of the public, and representa- ing the aspects of the system that cause tives of the academic community. The recruits to become cynical and critical groups would be based on a reading/ of their work environment early in their discussion program similar to “Let’s careers. Talk About It,” sponsored by the Na- 13. Conduct research among officers who tional Endowment for the Humanities. committed integrity violations to iden- 8. Conduct research on the relationship tify causal factors and ways to prevent between college education and quality recurrence among other officers. Part of police service. Do officers who enter this research should address the atti- the field with higher education maintain tudes and perceptions of these officers a better track record of professional toward deterrence (e.g., policy, prosecu- performance? tion, potential termination, internal affairs, and civilian review) and why 9. Conduct research on handling of citizen they were not deterred. complaints. What techniques are being used by progressive police agencies? 14. Conduct research on how supervisors Are there alternatives to traditional are being oriented, guided, educated, and held accountable for maintaining

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integrity and ethical behavior among perceptions of police recruits entering officers, with specific attention to the field to those of experienced offic- community policing. ers. Compare the perceptions of those recruits at various intervals in their 15. Develop a model tracking system that careers. Track incoming officers to monitors an officer throughout his or determine why some do not succumb to her career. This should incorporate an committing integrity violations while early warning system, education, others do and relate this to overall evaluations, recognition, special performance. achievement, discipline, and more. It should identify when an officer is in 20. Implement a series of research projects, need of special attention to prevent workshops, and seminars to identify the declining performance. various links between community policing and integrity—vesting officers 16. Conduct research on the perspective of with more authority, forming partner- labor organizations on integrity and ships, permanent beats, and others— ethics, particularly at the local level. and the safeguards that can be imple- Research should identify how labor and mented to minimize the potential for management may work more closely in integrity violations. improving and maintaining integrity. It should also identify how adversarial 21. Conduct research on trends over the relationships may be minimized in past 5 years in arbitration rulings for incidents related to integrity in which and against police agencies as they the union provides legal support to relate to matters of integrity. charged officers. 22. Conduct research to correlate psycho- 17. Conduct research on how police officers logical screening data collected by perceive integrity and ethics within the police agencies to groups of officers profession. Analyze how the percep- who committed integrity violations and tions of officers compare to those of those who did not. Determine if there citizens, including special populations, are indicators of potential integrity businesspersons, others in government infractions in current psychological and human service fields, politicians, testing. Explore new and alternative educators, and clergy. Explore how this psychological screening tools that may information can be used to better serve as better indicators than those educate both police and those in other currently in use. fields about integrity to achieve mutual 23. Develop models for educating politi- understanding and better partnerships. cians—materials, network of profes- 18. Identify successful nontraditional sional associations, regional confer- employee recognition systems, both in ences—about police integrity, the police police service and in other professions. culture, and related issues so they may Identify ways to reinforce and reward work more closely with chiefs of police integrity. and others to set realistic expectations and provide appropriate support sys- 19. Conduct indepth research on new tems to effect change. recruits. Compare the integrity-related

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24. Conduct a survey to identify model The second tier involves openness and scrutiny marketing strategies that have been by the public. This includes a system to allow implemented in large- and medium- secrets that have a potential for disaster to sized police departments. Sponsor a come to the surface promptly within a support- series of conferences on marketing the ive environment. Rules and regulations are police to discuss how police agencies clear and applicable. In this system whistle- may apply these models and develop blowing is encouraged, and whistleblowers are their own marketing strategies. viewed not as informants but as loyal employees who have the best interest of the organiza- 25. Identify the cost of integrity violations tion at heart. to the individual police officer and his or her career, the police agency, and the City of Baltimore Ethics Program—Government community. Once identified, this infor- Mayor Kurt Schmoke outlined a four-step mation should be incorporated in ethics program under way in Baltimore. The internal and external education pro- first element is leadership by example. The grams. second is a written code of conduct with clear expectations of what is required of city em- Model Practices ployees. The third is an independent function- Due to time constraints and the intensity of ing body to oversee implementation of the code discussion on integrity-related issues, work of conduct. The fourth is ethics training for group participants spent little time identifying employees. and describing model practices. As such, many Seven-Step Program for Compliance in of the programs, intervention strategies, and Business Integrity—Finance Industry educational efforts under way in the agencies Winthrop Swenson, of Peat Marwick and a represented were not shared. A followup former member of the U.S. Sentencing Com- session or survey, designed specifically to mission, cited a seven-step program for compa- obtain information on model practices, is nies to follow to encourage and support ethical needed. behavior. The following model programs were discussed The first step involves developing standards during both panel presentations and work and procedures that can be reasonably expected group sessions and are representative of the to curtail unethical behavior and corruption. many that exist in agencies today. The second step involves instituting oversight The Care and Feeding of Professional Persons— by high-level personnel. The third step involves Clergy taking care in delegating authority. The fourth The Archdiocese of the District of Columbia step involves effectively communicating stan- has established a two-tiered program to support dards and procedures. The fifth step involves clergy. developing reasonable steps to ensure that employees are meeting these standards. The The first tier involves annual evaluation, clear sixth step involves using appropriate discipline. promotional criteria, assistance in planning for The seventh and final step involves learning retirement, ongoing training and mentorship from mistakes. beyond the seminary, and the use of real cases of ethical dilemmas that commonly confront the contemporary cleric.

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Comprehensive and Values-Driven Policing—The against police officers. This has minimized the Charlotte-Mecklenburg Police Department media sensationalism often associated with In Charlotte-Mecklenburg, North Carolina, disciplinary cases, provides a mechanism for values-driven policing is supported by a series the public to see the department’s willingness of activities that permeate all units in the to police itself, and fosters an environment of department. For example, values are reinforced trust between the police department and the in the police academy, which has evolved from public. a “boot camp” environment to an adult learning Long-Term Ethics Education for Police center. The police academy has instituted a Commanders—The Johns Hopkins University curriculum-based training program of core courses and electives that are available to all In Baltimore, The Johns Hopkins University members of the department. An early warning Police Executive Leadership Program is a system was developed and is monitored by the regional effort in which current and future internal affairs unit. The department conducts police executives meet for 2 full days every 2 compliance/ethics audits. A peer review use-of- weeks for 2 years. Participants range from force committee has been implemented. sergeant to chief of police and represent all of the major jurisdictions in the Washington- Four Goals for Improving Police Integrity—Los Baltimore metropolitan area. During the first Angeles County Sheriff’s Department year of the program, executives receive 108 In Los Angeles County, a goal-driven program hours of ethics instruction from a professional to improve police integrity has been imple- ethicist and a team of experts from other mented. The first goal involves strengthening professions. They rely on readings and case internal systems. The second involves testing studies and participate in debates and a series accountability, which is accomplished through of workshops beyond the scheduled biweekly a computerized tracking system for citizen meetings. complaints, lawsuits, and use-of-force cases. Three-Tiered Ethics Training—Pueblo County The third goal involves reducing liability, Sheriff’s Department which is accomplished, in part, through “roll out” squads that assess potential liability and In the Pueblo County Sheriff’s Office in Colo- take immediate action to minimize it. The rado, an ongoing, three-tiered ethics training fourth goal is the restoration of credibility. This program has proven effective. Recruits first involves ongoing external review and indepen- participate in a structured curriculum. Training dent monitoring of compliance; these systems is carried over into inservice courses. All are permanent and ongoing. supervisors and executive officers participate in the curriculum. This ongoing approach keeps Public Release of Disciplinary Actions—Aurora ethics in the forefront of the department’s Police Department activities and reinforces positive behavior. On a quarterly basis, the Aurora, Colorado, Police Department makes available to the public a listing of all disciplinary actions taken

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58 Chapter 5 Epilogue

Mark Moore, Kennedy School of Government, ❑ What is meant by integrity? Harvard University ❑ What does integrity encompass? Mark Moore of the Kennedy School of ❑ What should be done to motivate police Government, Harvard University, was members to possess police integrity and given the task of assessing the symposium the community to value it? process. Professor Moore was asked to listen throughout the symposium and ❑ How should the many subsystems, provide the audience with an assessment players, and principles of consistency of their thoughts. He spent 2 days and fairness be integrated across police pondering and sorting through the service to maintain the public trust and following questions: Did participants thus protect our democracy? arrive at any understanding or consensus Recognizing that we had several goals for the on actions that are needed? Did they symposium and that they had to be integrated, encounter any significant obstacles, I would like to start with an overall description disagreements, or troubling issues? Based of what I consider to be the most important on the work of the symposium goals of the symposium. participants, he was able to successfully synthesize the dialogue and produce a The first was to find or rediscover within blueprint to build police integrity. This ourselves the motivation to do the work of epilogue is the result of his observations enhancing police integrity. I think an important and reflections. part of the value of our being here together is a commitment we make to one another to accept The national symposium on police the burden of overcoming our natural tenden- integrity started with a set of seemingly cies toward moral weak will or moral confu- disparate notions about police integrity: sion and the responsibility of leading in the Other disciplines have significant systems direction of enhanced police integrity. If noth- in place that law enforcement should ing else gets accomplished, discovering and consider using; all police members have recommitting ourselves to that goal would be the right motivation to build an reason enough to be here. organization supported and admired within their communities; leadership, The second goal was to understand what we organizational structure, and police mean by “police integrity,” particularly in a subcultures all make a difference; and all world that has been changing, both with respect the individual internal subsystems of to the task that police face and to the expecta- hiring, training, discipline, supervision, tions and general ideas and philosophies about and rewards need to be consistent with policing that are out there. If all those things each other and of a certain quality to be are in flux, then it is quite possible that our effective. What needed to be considered understanding of what we mean by police were the following important questions: integrity might be undergoing some important

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changes, and it would be important to under- sible for us to fulfill our aspirations to be stand what those changes are. virtuous police leaders if we didn’t do it. That assumes a lot; it assumes that we already have Third, having built the motivation and under- strong characters and would be motivated stood the direction in which we are trying to simply by the idea that this is the right thing go, the last objective was to learn how to to do. I’m happy to say that, as I go around produce integrity in our organizations. the room, I find evidence everywhere of that Let me now record our progress in each of being true; people want to do this, not because those categories: (1) What is our motivation? of complicated calculations, but simply be- (2) What is police integrity? (3) How can we cause they know it constitutes virtue, and they produce police integrity in our organizations? would like to be virtuous. So, the first reason to press for police integrity is that it’s the right What motivates us to operate our police thing to do. agencies with integrity? First, because it’s the right thing to do. Second, our communities consider it more important to have integrity or to First question: Why pursue police integrity? be trusted than to be effective or effi- Here I will exercise the kind of leadership that cient. Sheriff Dan Corsentino had to exercise when talking to a group of people in his department Second, police integrity is crucial for the who asked him, “What’s in it for me?” There’s legitimacy and operational effectiveness of our a question we all should be asking ourselves, departments. We cannot say as police execu- “What’s in it for me to exercise leadership on tives that we are valuable or effective in leading behalf of police integrity?” our organizations unless we operate with Consider Betsy Watson’s account of command integrity because integrity is part of what meetings to get a good description of what citizens expect from the police. Citizens aren’t people mean by “followthrough” in executing a just interested in the results of policing— strategy and what it feels like as you go whether crime rates are down and people are through it. Betsy explained that during those feeling secure. Citizens want to be certain that command meetings, she encountered one their police are behaving correctly as well as disciplinary problem after another and was being effective. Chief David Walchak, for getting recommendations from her staff that example, observed that it was more important were inconsistent with what she thought was to be accountable and do the right thing than to the right answer. Yet she persevered, worked be efficient or effective. her way through to a solution, and was able to I’d like to ask police chiefs this question when get everyone to go along. There is a lot of pain thinking about effectiveness and instrumental and effort associated with that. So the question effectiveness, “How much more likely are you is, “Why is it worth spending so much hard to be fired if your department engages in emotional and intellectual work on this prob- misconduct than if your department is less lem?” There are three quick answers. effective in controlling crime?” It’s the right thing to do, and as Steve Vicchio I know of very few police chiefs or executives said, we in this room could not be whole who have been fired when the crime rate goes persons without doing it. It would be impos-

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up. I know of many police chiefs and execu- and push for policing with integrity throughout tives who have been fired when there was the country. evidence of significant corruption and miscon- Now I want to emphasize this point. I think duct in their departments and they had failed to there is a relationship between integrity and take action to deal with it. If that’s true, one effectiveness. If we are tempted to cut corners way to interpret that is to understand that the to achieve a little more justice and efficacy at public is at least as interested, and probably the price of fairness, that is a bad bargain over more interested, in the way we do police work the long run. The nick that that will take out of than in how effective we are, though the public ourselves, our organizations, and our relation- is interested in effectiveness as well. ships with the community will end up costing So it’s crucial for our departments to promote us too much in self-esteem and in our perfor- integrity because that’s what effective policing mance to be worth undertaking. I want to pause means. It is also true that if we behave, if we here a minute, because the temptations to cut have high integrity in a police department, we corners in policing are astonishingly strong. I can reasonably expect support from the com- think one of the things that makes them that munity; we understand very well that support way is that the public doesn’t always demand from the community is crucial to our effective- from us the highest level of performance that ness. We may be able to get approval from our we are capable of giving or should give. Some- community with something other than high- times the public will collude with us in produc- integrity policing, but it would be wrong for us ing policing that has less integrity than ought to to do that. Therefore, for operational effective- be there. ness, we have to police with integrity. I think this was brought home most clearly to me when I was on a study task force for the Third, it is essential to create an envi- Philadelphia Police Department about 10 years ronment with integrity so that idealistic ago. It was shortly after the MOVE incident; subordinates who join the police de- the police had dropped a smoke bomb, and it partment can realize their ideals. burned down the block. A corruption investigation into the episode had reached rather high in The third reason to be interested in integrity is the department. We were trying to figure out that we owe it to our subordinates to make it how we could restore this police department to possible for their idealism to be realized. This effective functioning. We thought that an idea—that we begin with highly motivated, important part would be to get a strong external idealistic people who sustain that idealism and mandate for reform. Without that it would be motivation over a long period of time under hard to get reform inside the police department, painful working conditions but gradually begin so we sent out a survey to the citizens of to feel disenchanted, confused, betrayed, angry, Philadelphia. We were hoping the response or cynical—was repeated over and over again would come back that the citizens were quite at this meeting. As managers, part of the dissatisfied with the Philadelphia Police De- challenge we face in producing integrity in partment. policing is to create the kinds of organizations within which that idealism can be realized. We asked the citizens, on a scale of one to five, Those are the reasons, it seems to me, to try to “What did you think of the Philadelphia Police find within ourselves the capacity to demand Department?” The answer came back about

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4.5, a very high rating. We then asked another away from me.” Lucy insists, “No, no, honest I series of questions: Do you believe that police won’t—I’ll leave it there.” Every time she pulls sleep on the job? Everyone thought the police the football away. That’s what I think happens slept on the job. Do you think they’re rude? to policing over and over again. The citizens Again, yes. Do you think they take bribes? One lose interest in demanding high performance third of the people thought they often did. Do from the police, so they relax for a minute. The you think they sexually harass defendants? police sense an opportunity to exploit citizens’ One-fifth of the people thought they did. They tolerance, and they rush forward to kick the had all these particular bad pieces of behavior, ball, only to have the citizens, 5 or 10 years yet they still rated the police department very later, say, “Whoops, we changed our minds. We high. no longer want that dirty deal—we like the clean deal.” In that moment careers, reputa- In a followup discussion with a group of tions, organizations are shattered. So I beg you captains from the Philadelphia Police Depart- not to yield to that temptation and continue to ment, I asked: “What do you think this find the motivation to insist on high-quality, means?” They all looked down at their shoes high-integrity policing. for a bit and were embarrassed for me because I didn’t understand. I didn’t get it. Finally, one When we combine our first objective with our of them said, “Look, Doc, you have to under- second, the subsequent question is, “Where do stand that when you’re shoveling society’s we get the motivation?” We get the motivation garbage, you gotta be indulged a little bit.” And out of ourselves, out of a desire to produce there was a kind of relaxation in the room effectiveness, out of a desire to create an because somebody had finally said something opportunity for our subordinates. that was true. I suddenly realized that this was the understanding that existed between the What do we mean by police integrity? Philadelphia Police Department and its com- Primarily we mean the violation of munity, that if the police were going to deal standards, especially the abuse of with society’s criminal elements, they had to be authority. The only means to guarantee given some latitude. If that’s the way it is in police professionalism is for all of us to Philadelphia, I thought, then how many other be most concerned about protecting cities approach this issue the same way? constitutional rights. I found that in a large number of other cities, it was now the deal, and it could easily sink to What do we mean by police integrity? I was that in other cities. What I’m saying is that the struggling with this question yesterday, and I public will let us get away with more than we feel a little bit clearer today. I also feel a little ought to get away with. I can see the police frustrated. I worry that in our discussions, sometimes sensing the possibility that the we’ve been covering up some important dis- citizens won’t hold us accountable, and then agreements about what the police should stand the police creep out to take advantage of the for, what values they should stand for, and how opportunity associated with that. they should pursue them. We’ve been covering them up with what I would describe as the I’m reminded of a Peanuts comic strip. Lucy mantra of police integrity. When you get a says, “Come on. Kick the football.” Charlie distinguished group of police people together Brown says, “No, no, you’ll pull the football like this and talk about integrity and profes-

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sionalism, you can get uniform agreement and and distance created between what you might enthusiasm for the idea that we ought to have think of as professional policing and resent- more professionalism and integrity in police ment of constitutional rights, a chink was departments. But then the question becomes created, a chink that could open up the door for more difficult when you ask, “What do we something that I call “noble-cause corruption” mean by police professionalism and integrity?” (with a heavy emphasis on quotation marks I think there’s an easy answer to this, one because I don’t want this to be treated as a orthodox answer that we developed over the justification). It is the idea that, yes, I did last 30–40 years that everybody feels comfort- something wrong, but justice demanded it, not able with. What we mean by integrity and tolerated it but demanded it, because I could professionalism is law-abiding character, put the guy away who otherwise wouldn’t be technical confidence, neutrality, distance—in successfully prosecuted. I, the police officer, Steve Vicchio’s wonderful phrase, “the efface- wouldn’t gain personally from it; I didn’t get ment of personal interest”—and probably some anything from it. I only acted for the commu- notion of courtesy and client responsiveness. nity in the community sense of justice to The image of policing portrayed by Sergeant accomplish this goal. Of course, it’s in that Joe Friday in “Dragnet” is a very powerful idea chink that Dirty Harry emerges as an image of of a certain kind of professionalism in policing. a valued and virtuous police officer. First, I want to honor that conception and say The creation of this void between professional how valuable it has been to the field and to policing and constitutional rights was the point what extent that idea has carried us to astonish- of Billy Johnson’s compelling story. The ing success both operationally and in terms of account of his experience was so powerful, I our own interest. But I also want to argue that found myself thinking about it over and over the Sergeant Friday concept of professionalism again during the course of the afternoon. Let was not complete. It was unfinished with me try to retell the story in analytic terms and respect to constitutional rights in the operation see what we might get out of it because I think of professional policing. One of the reasons I it is very instructive to us, and it had a big pressed Billy Johnston was that the Boston impact on people in this audience. Police Department had put the protection of Billy began his career as an officer seeking constitutional rights at the very top of the value virtue; he responded to a set of experiences and statements for its department. I wondered moved over time to what now appears to be a whether that meant that the department had deeply passionate and personal commitment to begun to view protection of constitutional protecting civil liberties and fairness as impor- rights as a goal and no longer a constraint. In tant values in policing. He began as a tactical my policing experience, the commitment to patrol officer and used force to enforce the law. protect constitutional rights under professional He learned very early that using force did not policing was given a high degree of lip service, win community support. That was a big mo- but in reality, constitutional rights were ment, a turning point in his life. Then Billy strongly resented. They were seen as inconsis- became a member of the decoy squad, where tent with substantive justice, and it was sub- he vicariously experienced victimization and stantive justice that was the true goal of polic- the pain victims feel when they are disadvan- ing, not the protection of constitutional rights. taged members of society. I think that it was To the extent that there was lip service given that moment that solidified his commitment.

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But the strong desire to protect potential vic- rights of people from attack by other citizens. tims from crime was no longer an abstract goal. We all understand that we need to stop hate It became quite concrete and an additional rush crimes so often perpetrated through vandalism of motivation for that goal—the protection of of property. But we also are charged with people—comes center stage. Now, what was protecting those who are particularly vulner- also important in his role as a decoy—he also able to the blatant exercise of hatred. Protecting experienced something that many police constitutional rights is the only means we have officers don’t get a chance to experience quite of ensuring a person’s dignity. It’s important to as vividly—was the experience of discrimina- protect constitutional rights; it is the contribu- tion against him on a personal level. The reason tion the police make to society. It’s important to he experienced that was not because he was protect people who are vulnerable to discrimi- simply a crime victim but because he was a nation. The police have to refrain from giving special kind of victim; he posed as a gay man only tacit support to those victims, a very coming out of a gay bar. In that moment, he dangerous and half-hearted position. experienced a kind of victimization that comes Now this is the big moment, the most important from being the target of discrimination and point of Billy’s experience. The police have to hate, not just the target of somebody who wants refrain from attacking the civil liberties of to take your money. An important part of that disadvantaged people. Therefore, it’s important experience was that he began to sense that the that the police be committed to civil liberties, attitudes in the police department he was a part and the whole idea of a police department then of might be contributing to or reflecting condi- becomes not just to protect us from them but tions that expose people to the particular kind also to protect them from us. And that’s a of victimization that is associated with dis- clarifying and peak moment, at least in Billy’s crimination. He labeled that, appropriately, the life. “loss of their personal dignity.” There’s a way of trivializing this point, I We started with a man who was concerned suppose, and I run the risk of doing that, but let about protecting people from being victims of me do it anyway. We all know the old saw that crime, like all police. Then he noticed there are says a conservative is a liberal who just got some classes of people that are vulnerable to a mugged. Everyone knows that line. There’s a particular kind of victimization—discrimina- response to that, which is a liberal is a conser- tion—in some ways a more painful kind of vative who just got arrested. I think that re- victimization. Then suddenly, his interest in minds us that some of the thugs, or some of the protecting crime victims grew to a commitment most heinous threats in society, come from the to protecting people from the excruciating pain State, and some of the people who are the most of loss of personal dignity that occurs only as obvious representatives of the State are police the result of discrimination. This protection can officers. be fully and fairly exercised only if civil liberties are protected. That’s a wild leap, so I’ve Now let me share one or two other thoughts. been thinking hard about exactly how that Billy’s story is a recounting of how he came to happened. If I can reproduce his logic, it view the protection of civil liberties as the progressed like this: Constitutional rights are ultimate goal of policing, not as a constraint on what gives everyone dignity in society. Police what were once other particular goals. If it is have to be committed to protecting the civil true that our commitment to the protection of civil liberties is a goal and not just a constraint, 64 Chapter 5

I think that would turn out to be a very stern practices and how one might be able to deal requirement, particularly if we enlarge the idea with that. of civil liberties not just to be the protection of I think there’s a significant consensus in society rights that are described in the Fourth Amend- that we don’t like bribery, we don’t like steal- ment but also to be “accountable.” I think those ing from the department, and we don’t like issues would then challenge us to think more conduct unbecoming officers. I think the issues deeply about what we mean by police integrity. of whether we don’t like excessive use of force Let me be more concrete. I listened throughout or unfair and discriminatory police practices the symposium to find examples of failures of and whether we demand accountability of the integrity or instances of corruption. In our police to the external community are much less discussions, we focused on the following firmly rooted. So there’s a discussion about things: We focused a great deal on the misuse whether police integrity requires us to root out of force and authority, including extortion, inappropriate uses of force, to root out dis- brutality, “testilying,” and simple rudeness. criminatory practices, and to make our opera- That, of course, aligns well with the civil tions accountable and transparent to the liberty concern that we not use too much force broader public. Now all of those things that I and authority, that we use it only when it’s just mentioned—eliminate excessive use of justified. We also alluded to, but didn’t discuss force, eliminate discriminatory practices, make very intensively, bribery and corruption, even yourselves accountable and transparent to the though I thought in a discussion of corruption community—are part of the philosophy of and integrity that bribery would figure more community policing. They are also an impor- prominently. Somehow, that didn’t come on to tant part of the philosophy of professional our screen as much. We talked a bit about theft policing. They are consistent with the concern from the department and about personal con- for civil liberties and fairness and for being the duct, both on and off the job. But if you were to kind of police department that can deal with go back to our transcript and try to find particu- particular challenges to police integrity. This is lar concrete actions we were talking about as how can we make sure that police departments instances of misconduct and the lack of integ- serve all their constituents. If there’s one rity, it would have been principally about challenge to police integrity, I would argue that misuse of force and authority. police departments should be there for everyone in this society, not just for some people. At other times during the discussion, particularly when Hubert Williams was speaking, we talked about another potential kind of corrup- How can we produce integrity in our tion, discriminatory practices and their threat to police departments? It means align- equal treatment and fairness. I don’t know ment between police and community, whether we want to think of that as a part of between management and officers, and police integrity. But if we were to take the between officers and their officer col- concern for civil liberties and widen it to be leagues. about fairness in general, then it might turn out to be of great interest. We must be concerned Let me now turn to the question about how to about the extent to which police departments produce integrity, which was our last goal. I are engaged in discriminatory practices or are think that if you were listening to the conversa- perceived as being engaged in discriminatory tions, you would conclude that we have an

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extraordinary, valuable asset when trying to Mollen’s interesting question: “To what extent produce integrity in police departments. Integ- do we as managers, interested in producing rity in police departments would be in the good high-integrity police departments, need the service of officers, in their yearning to be led to voltage that would come from a sustained, do the right thing, to work in right relationships external body demanding from us high-integ- to one another and toward the purposes that are rity policing, and to what extent could that set for them. The important problem is how to functional need to have people expect and align those aspirations (to use Betsy Watson’s demand from you high-integrity policing be word) with the opportunities that the work in produced by creating an external body to which the organization will present to them. We you could be accountable?” I know that makes should also consider alignment in this context everybody very nervous, to have the police as an alignment among what Judge Milton accountable to an external body. In its discus- Mollen described as three important relation- sions, the Mollen Commission was trying to ships: police to community, management to deal with this problem and grapple with two officers, and officers to officers. Our challenge facts, both of which they took to be true but as managers is to align aspirations of people in which seemed inconsistent on their face. First, the organization with community needs and they were quite convinced the police would be wants, with leaders’ demands of officers, and unable to control corruption if left to them- with officers’ demands of one another. selves. There had to be some external pressure or they wouldn’t be able to get the job done. At Let’s begin with the management of our rela- the same time, they were quite convinced that tionship with the community. Presenters unless the police did it themselves, they would throughout the day thought that getting that be ineffective in successfully controlling alignment right would be quite important to corruption. That’s the paradox. On one hand, produce high-integrity policing. District Attor- the police can’t do it themselves; on the other ney Robert Colville said bluntly, “If you are hand, unless the police do it themselves, it isn’t going to change anything, you need the politi- going to work. cal will to execute the change. Otherwise, you’re kidding yourself.” This leads to the idea about how to construct an external advisory board, or an external control We also know that the philosophy of commu- board, that would audit the police department’s nity policing is both an end and a means to systems for controlling its use of authority, develop strong relations with the community. both for corruption and abuse of force, but not Howard Safir described the efforts of the New conduct individual investigations. It would York City Police Department to establish issue reports periodically on the state of cor- relations with the community by saying, “We ruption and the department’s systems for are their police and make ourselves account- dealing with it, but it would be up to the chief able.” Yet my story about Philadelphia suggests and the department to take actions that would that the public’s demand for high-integrity be necessary to accomplish their goals. I don’t policing may be a bit fickle. Therefore, the know whether that’s the right answer, but I reason that these 20-year cycles of reform and think it is an interesting question for you to scandal occur in New York City may be a contemplate. That is, to what extent would you, function of the public’s interest in reform as as leaders of police departments, be aided or much as of what the police departments are disadvantaged in your efforts to find the moti- able to control. This then leads to Judge

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vation, define what constitutes integrity, and tension between those two, but I think the produce it in your departments by an external group has reasonably agreed that to be success- organization demanding from you what you ful in controlling corruption and promoting would like to produce. It seems it would get integrity, you’ll have to rely on both of those easier to produce if there was an external body. things together. You’ll have to have both a I think that one of the lessons from Pat Murphy cultural push in supporting good conduct and and the Knapp Commission was that, in many an investigative focus that allows you to find respects, the Knapp Commission helped and respond to misconduct in the force. I think Murphy accomplish the goal of cleaning up the we came to understand that those two things department, and I think that’s true for most of were not necessarily in opposition and would the important examples of reform we’ve seen. probably have to be integrated in any successful effort to control corruption and promote Let’s look next at the management team. Again, integrity. I want to reference Betsy Watson’s stories about the construction of her management team Let me talk about each of those approaches: the both to set high standards for appropriate cultural approach and the investigative ap- performance and to commit to a particular proach. The cultural approach depends on philosophy of policing. Additionally, there leadership and value statements, which we’ve needs to be recognition of the grueling work already talked about, but it also depends on that it takes to hang in there. What constitutes recruitment and selection on the one hand and “followthrough” in this case is to continually training on the other. raise the issue, have the courage to face con- I believe that we spend a little too much time crete questions, and resolve the questions in a talking about recruitment and selection. One way that is consistent with your understanding way to view this issue is that people are either of the problem. However, you also need to talk honest or dishonest when they come into the with people about why you are deciding some- police department. If we could screen out the thing a certain way. It is very tough to construct dishonest ones, we would have an honest police a management team, as you all know, when department for the future. However, I think facing hard questions about concretely defining there’s evidence to suggest that people change high-quality policing and, in particular, the acts when they get into police departments, and that lie outside the boundaries of the they change as a function of both their work organization’s tolerance. and the environment in which they find them- One of the things the team thinks about, it selves. So the department’s practices can either seems to me, is what general approach will be make bad people out of good people or good used. What kind of management systems will people out of bad. To the extent that that’s true, be put in place to control corruption or promote it doesn’t do us a lot of good to make sure that integrity inside the police department? Yester- the people coming in are honest or dishonest. day, I mentioned that there seem to be two I also am worried about the quality of the tests broadly different approaches. One is to “detect we use to distinguish good people from bad, and respond, find the bad guys, and get them and I think that not many departments are out of the department.” The second is to “pro- replacing veteran officers at a high enough rate mote a good-behavior approach through cul- so that incoming officers will constitute a large tural means.” I thought there would be some proportion of the organization any time soon.

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Therefore, it will nearly always fall to a police thinks we could get away with, or would want department that is trying to promote integrity to to get away with for long, not having a power- work on practices and internal organization as ful investigative apparatus for detecting and well as concentrate on recruitment and selec- responding to misconduct in our officers. That tion. Spending too much time on recruitment should be a part of every organization’s portfo- and selection, however, is essentially to delay lio of responses to misconduct. We haven’t and render impotent a major initiative to con- spent much time yet talking about the details of trol police corruption or to foster police integ- that system. I think there are three important rity. There are some circumstances in which questions about the details that need to be what I’ve said is not true, but often it is true. addressed. I also think there’s a lot of emphasis placed on One is: What will be the focus of that investiga- training. We tend to focus on academy training, tive system—all kinds of misconduct, certain hoping that we can inoculate our officers and kinds of misconduct—and how will we set not have to worry about them again. I don’t priorities among the different kinds of miscon- think that’s a reasonable expectation. I think duct? Are we going to focus on corruption and our police have to be trained over and over and bribery, or uses of force, or rudeness, or admin- over again. Many people at the symposium istrative misconduct? We need to develop a made that point as well, and I’m reiterating it. vocabulary to classify the different kinds of One thing I want to add is that I’m an educator, misconduct and decide which are going to be so I know about teaching. I would make a high priority and which are not as important to distinction between hot pedagogic techniques undertake. and cold pedagogic techniques. What I call a The next question is: What investigative meth- cold pedagogic technique involves the classic ods are we going to authorize? We need to ask technique: The instructor talks and the audi- ourselves the following: To what extent are we ence takes notes. A hot pedagogic technique is going to use citizen complaints, or accumula- more interactive: it can involve verbal wrestling tions of citizen complaints? What status will with one another, arguing, or drawing pictures. citizen complaints have in triggering serious The police academy training now offered not investigations? To what extent are we going to only does not spend much time on questions of rely on covert surveillance? To what extent are ethics but uses cold pedagogic techniques: we going to rely on stings? Commissioner Instructors talk about constitutional law and Howard Safir said that 1,000 stings were being read codes of ethics. Topics taught through hot run each year in the New York City Police pedagogic techniques are driving, shooting, and Department, and in a conversation I had with self-defense. Those are compelling things. him, he said that 60 percent of the stings are Through these devices, as someone observed, conducted on a random basis, and only 40 we also train people for war, and that gets percent have a predicate for focusing the stings. people questioning who the enemy is, and the It is a very interesting and tough investigative answer is ambiguous. I think the big challenge practice. Is it standard practice now, and are is to develop hot pedagogic training for integ- people doing more or less of it? Are we going rity issues. to use turnarounds? Are we going to use field Focusing on supervision, we shift to the inves- associates—people recruited early in their tigative approaches, for reasons I think would careers to report secretly on the conduct of be appropriate. I don’t believe anyone here

68 Chapter 5

other people in the organization? This is a very thugs from IAD came and took John and tough set of questions about the kinds of Charlie, two of the finest cops I ever knew.’” investigative apparatus we’re going to deploy to Why would they say that? Because they’d be ferret out misconduct in our organizations. worried about the morale of the troops, and The last question about investigative ap- they’d want to build up the morale again, but in proaches is also a very important one: Should that moment, they were disowning the respon- we concentrate the investigative capabilities in sibility for controlling corruption and were centralized units, called IAD [Internal Affairs leaving it in the hands of “those bastards from Divisions], or should we decentralize and let IAD.” When you said to them, you do the precinct or borough commanders conduct the investigation, you lock them up, what happened investigations as well? People who are inter- inside the police department? Well, that forced ested in guaranteeing the quality of police a behavioral change. Some precinct captains investigations tend to want to centralize investi- said they couldn’t do it and left. Others said gations. But there is an argument for decentral- they would, but when they did, what happened izing as well. If we hope to change the culture to them? They became part of the group that of the organization by pushing out the account- was against corruption, not supportive of it, and ability for controlling corruption to precinct in that moment, the number of people in the commanders and midlevel managers, then they organization who were looking for and trying should be given not only that authority and to deal effectively with corruption went up responsibility but also the resources to carry dramatically, and the power of the people who out the investigations as well as the central were in those positions went up dramatically. IAD. With that, the total investigative apparatus that was focused on corruption increased, and Police Commissioner Safir said that he was supervision improved, and the culture was now asking precinct commanders to do minor transformed. investigations. As he pointed out, that produces a lot of allies in the department. I remember Pat Whether you centralize or decentralize and Murphy telling me a story about 20 years ago under what circumstances you can hold people when he was working on reducing police in the police department accountable is an corruption in New York City. He described why important question. I’ve discussed the relation- he had decided to decentralize the investigative ship between police leaders and community responsibility from a centralized IAD to the and suggested that it’s important to mobilize precincts and boroughs and to give them the external political accountability. I’ve talked responsibility for carrying it out. He said to me, about leadership in the management team and “You know, Mark, what would happen in a about making a choice between investigative precinct when they caught a couple of cops for and cultural approaches. I’m now facing up to misconduct. Guys from IAD would come the last challenge, which I think is the subject down, and they would put the cuffs on the of one of our most important panels. How do guys, and they would take them out of the you bridge the gap to the street cop, and par- precinct house and take them down to the ticularly, how do you penetrate the cop-to-cop station. Right after they got out of the precinct, loyalty and build loyalty to the values of the the precinct commander would stand up and organization rather than to one another? get everybody together and would say, ‘Those

69 Police Integrity

I think our union colleagues have something to corruption and enhancing integrity in an orga- tell us about the right way to reach into that set nization? I think without a doubt we’d have to of relationships. Let me go through the follow- include officers in the planning and developing points: First, recognize how demanding the ment of that system. I think we’d be surprised standards and the jobs are that we’re imposing to discover unexpected allies in the organiza- on police departments. I think Gilbert Gallegos tion who share our yearning to accomplish the made the strongest point about that, reminding right goals. Organizing ourselves in this way, us that as far as he could tell, only Christ had setting up these kinds of working relationships lived up to the responsibility of these chal- within the police department, we would be lenges. So if we’re imposing very high stan- doing internally what we’re also trying to do dards on the officers and we write them externally—namely, learning how to treat all vaguely—remember how cynical the responses the people in our organization and all the can be to the standards—the officers will feel people in our society, even the people about insufficiently guided. But if we write them whom we feel anger and contempt, with re- concretely, they will see them as protection of spect and a hope that we might find something the bosses against claims that the bosses have in common we could do together. The point of been part of the problem to make sure that the the symposium to which we all agreed is that officers themselves are the ones who end up we ought to take advantage of this opportunity being blamed if something goes wrong. at this particular moment to produce excellence everywhere, every day, in our departments. Also recognize that if we want to ask for more by raising the standards, we then have to find a You thanked me for spending the time here. I way to provide support inside the organization. can’t imagine any more valuable time for me to It’s unreasonable to raise standards without spend than on this subject with this group of giving people more assistance. We may also highly motivated people. I’m very grateful to have to recognize that management ambiva- have had the opportunity to speak for you, and lence is part of the problem that produces I wish you well in your subsequent conversa- corruption. What would all that mean if we tions. Thank you. were to devise a program for controlling

70 Appendix A Attendees

National Symposium on Police Integrity Teri Black July 14–16, 1996 Deputy Director for Administration Office of Community Oriented Policing Patrick C. Alhstrom Services Executive Director U.S. Department of Justice Colorado Department of Public Safety Merrick Bobb Sherry Anderson Special Counsel to Los Angeles County Transportation Specialist Tuttle and Taylor Office of Intelligence and Security Los Angeles, California U.S. Department of Transportation Barbara Boland Philip Arreola Visiting Fellow Chief of Police National Institute of Justice Milwaukee, Wisconsin U.S. Department of Justice Virginia B. Baldau Stephanie Bourque Director (acting) Program Manager Office of Development and Dissemination National Institute of Justice National Institute of Justice U.S. Department of Justice U.S. Department of Justice Joseph E. Brann Ronald Banks Director Assistant Chief Office of Community Oriented Policing Chief of Staff Services Office of the Chief of Police U.S. Department of Justice Los Angeles, California David Brown Robert Beck Deputy City Manager Chief of Police Tempe, Arizona Anne Arundel County, Maryland Lee Brown Neal Behan Professor Chief of Police (retired) Department of Sociology Baltimore County, Maryland Rice University Michael Berkow Ron Burns Chief of Police Chief of Police Coachella, California Tempe, Arizona Ondra Berry Paul Busick Deputy Chief of Police Director Reno, Nevada Office of Intelligence and Security U.S. Department of Transportation

71 Police Integrity

Louis A. Cabarruviaz Roger Conner Chief of Police Executive Director San Jose, California American Alliance for Rights and Responsibilities Donald Cahill Washington, D.C. Supervisor Human Resources Bureau Dan Corsentino Police Department Sheriff Prince William County, Virginia Pueblo County, Colorado Cynthia Caporizzo Lloyd L. Coward Assistant Director for Intergovernmental and Director of Internal Affairs Public Liaison Metropolitan Police Department Office of Community Oriented Policing Washington, D.C. Services Sylvester Daughtry U.S. Department of Justice Chief of Police Jan M. Chaiken Greensboro, North Carolina Director Ed Davis Bureau of Justice Statistics Chief of Police U.S. Department of Justice Lowell, Massachusetts Marcia R. Chaiken Charles Dean Director of Research Chief of Police LINC Prince William County, Virginia Alexandria, Virginia David Dial Callie Chandler Chief of Police Research Analyst Naperville, Illinois BDM Federal Monterey, California David A. Dobrotka Chief of Police Rob Chapman Glendale, Arizona Office of Community Oriented Policing Services Ann Marie Doherty U.S. Department of Justice Chief Bureau of Internal Investigations Donald Christ Police Department Chief of Police Boston, Massachusetts Indianapolis, Indiana Steven Edwards Robert E. Colville Program Manager District Attorney Office of Research and Evaluation Allegheny County, Pennsylvania National Institute of Justice U.S. Department of Justice

72 Appendix A

Dean M. Esserman Warren Friedman Chief of Police Executive Director Metro-North Commuter Railroad Police Chicago Alliance for Neighborhood Safety Department Chicago, Illinois New York, New York Stephen J. Gaffigan Paul F. Evans Senior Policy Analyst Commissioner of Police Office of Community Oriented Policing Boston, Massachusetts Services U.S. Department of Justice William Falcon Editor/Writer Larry K. Gaines Office of Development and Dissemination Chair National Institute of Justice Police Studies Department U.S. Department of Justice Eastern Kentucky University Cherise Fanno Gilbert Gallegos Program Manager National President National Institute of Justice Fraternal Order of Police U.S. Department of Justice Albuquerque, New Mexico John Feerick Joel Garner Dean Director of Research Fordham University School of Law Joint Centers for Justice Studies Shepherdstown, West Virginia Gayle Fisher-Stewart Consultant Dennis A. Garrett Takoma Park, Maryland Chief of Police Phoenix, Arizona Newman Flanagan Executive Director William A. Geller National District Attorneys Association Associate Director Alexandria, Virginia Police Executive Research Forum Wilmette, Illinois Edward Flynn Chief of Police Bruce Glasscock Chelsea, Massachusetts Chief of Police Plano, Texas Thomas C. Frazier Commissioner of Police Sheldon Greenberg Baltimore, Maryland Chair Department of Interdisciplinary Programs Lorie Fridell The Johns Hopkins University Associate Professor School of Criminology and Criminal Justice Owen Greenspan Florida State University Criminal Justice Information Services Specialist SEARCH Clifton Park, New York

73 Police Integrity

Leah Gurowitz Stephen Holmes Assistant Director for Congressional Relations Social Science Analyst Office of Community Oriented Policing National Institute of Justice Services U.S. Department of Justice U.S. Department of Justice Ted Hunt Ellen Hanson Director Chief of Police Los Angeles Police Department Protective Lenexa, Kansas League Los Angeles, California Steve Harris Chief of Police Patricia C. Jessamy Redmond, Washington State’s Attorney Baltimore, Maryland David Hayeslip Assistant Director for Program Development Johnnie Johnson and Design Chief of Police Office of Community Oriented Policing Birmingham, Alabama Services William Johnston U.S. Department of Justice Deputy Superintendent George E. Henderson Police Department Attorney Advisor Boston, Massachusetts Community Relations Service Darryl Jones U.S. Department of Justice President Larry Hesser National Law Enforcement Integrity Institute Chief of Police Annapolis, Maryland Georgetown, Texas Eucher Luc Joseph Thomas Higgins Inspector General en Chef Sheriff Haitian National Police Headquarters Erie County, New York Port au Prince, Haiti Sally T. Hillsman Robert Kaminski Deputy Director Social Science Analyst National Institute of Justice National Institute of Justice Office of Research and Evaluation U.S. Department of Justice U.S. Department of Justice Robert Kaplar Marianne Hilton Senior Staff Associate Lecturer in Psychology National Criminal Justice Association Swedish National Police College, Sorentorp Washington, D.C. Solna, Sweden Phil Keith Michael Hoke Chief of Police Assistant Deputy Superintendent Knoxville, Tennessee Police Department Chicago, Illinois

74 Appendix A

Elizabeth K. Kellar Andrea Kovach Deputy Executive Director Intern International City/County Management National Institute of Justice Association U.S. Department of Justice Washington, D.C. Sheldon Krantz George L. Kelling Piper & Marbury, L.L.P. Professor Washington, D.C. School of Criminal Justice Gabrielle Kyle Rutgers University Social Science Analyst Reverend Ray Kemp National Institute of Justice Woodstock Theological Center U.S. Department of Justice Georgetown University Robert Lamb Gil Kerlikowske Regional Director Chief of Police Northwest Region Buffalo, New York Community Relations Service U.S. Department of Justice Wayne Kerstetter Department of Criminal Justice Nancy La Vigne University of Illinois at Chicago Program Manager National Institute of Justice Thomas L. Kirk U.S. Department of Justice Superintendent West Virginia State Police Richard Lewis Program Manager Richard F. Kitterman National Institute of Justice Executive Director U.S. Department of Justice Commission on Accreditation for Law Enforcement Agencies, Inc. G. Martin Lively Fairfax, Virginia International Liaison National Institute of Justice Carl B. Klockars U.S. Department of Justice Professor Division of Criminal Justice Felix Loicano University of Delaware Major Police Department Stanley Knee New Orleans, Louisiana Chief of Police Garden Grove, California Kenneth Lyons Director Tom Koby International Brotherhood of Police Officers Chief of Police Quincy, Massachusetts Boulder, Colorado Gary L. Maas Chief of Police Sioux City, Iowa

75 Police Integrity

Robert H. Macy Rina T. Menjivar District Attorney Fiscalia Against Public Corruption Seventh Judicial District Ministerio Publico Oklahoma County Courthouse Honduras Oklahoma City, Oklahoma David Michaud John Maxwell Chief of Police Chief Inspector Denver, Colorado Internal Affairs Bureau S. Michael Miller Police Department Prosecuting Attorney Philadelphia, Pennsylvania Columbus, Ohio Ronald McBride Lois Mock Chief of Police Program Manager Ashland, Kentucky National Institute of Justice Phyllis McDonald U.S. Department of Justice Social Science Analyst Milton Mollen National Institute of Justice Of Counsel U.S. Department of Justice Graubard, Mollen & Miller Jerome McElroy New York, New York Executive Director Mark H. Moore New York City Criminal Justice Agency Professor New York, New York Program in Criminal Justice Policy and Isaiah McKinnon Management Chief of Police Kennedy School of Government Detroit, Michigan Harvard University Sam McQuade Jill Morris Social Science Program Manager Office of Community Oriented Policing National Institute of Justice Services U.S. Department of Justice U.S. Department of Justice Charles Meeks Patrick V. Murphy Executive Director Director of Police Policy National Sheriffs’ Association U.S. Conference of Mayors Alexandria, Virginia Washington, D.C. Pamela Melhorn Jerome A. Needle Program Assistant Director Department of Interdisciplinary Programs Programs and Research School of Continuing Studies International Association of Chiefs of Police The Johns Hopkins University Alexandria, Virginia

76 Appendix A

John Nicolleti Rocco Pollutro Staff Psychologist Chief of Police Police Department Cleveland, Ohio Denver, Colorado Wesley A. Pomeroy Joe Norris Executive Director Executive Officer Dade County Independent Review Panel Office of Community Oriented Policing Hollywood, Florida Services Tom Potter U.S. Department of Justice Former Chief of Police Dennis E. Nowicki Portland, Oregon Chief of Police Howard T. Prince Law Enforcement Center Jepson School of Leadership Charlotte-Mecklenburg, North Carolina University of Richmond Jennifer O’Connor-Boes Mary Rabadeau Research Analyst Chief BDM Federal New Jersey Transit Police Monterey, California Rick Rappaport David Ogden Commander Associate Deputy Attorney General Professional Standards Bureau U.S. Department of Justice Police Department Robert Olsen Fairfax County, Virginia Chief of Police Janet Reno Minneapolis, Minnesota United States Attorney General Eric Ostrov U.S. Department of Justice Forensic Psychologist Neil Richards Forensic Psychology Associates The Police Staff College Chicago, Illinois Hampshire, England Antony Pate Tammy Rinehart Research Associate Grant Advisor School of Criminology and Criminal Justice Office of Community Oriented Policing Florida State University Services Connie Patrick U.S. Department of Justice Director Ramona Ripston Office of General Training Executive Director Federal Law Enforcement Training Center American Civil Liberties Union of Southern Deval L. Patrick California Assistant Attorney General Los Angeles, California Civil Rights Division U.S. Department of Justice

77 Police Integrity

Richard W. Roberts Maria E. Schmidt Chief Senior Policy Analyst Criminal Section Office of Government Relations Civil Rights Division National Center for State Courts U.S. Department of Justice Arlington, Virginia Steven H. Rosenbaum Kurt Schmoke Chief Mayor Special Litigation Section Baltimore, Maryland Civil Rights Division David Scott U.S. Department of Justice Deputy Chief Daniel N. Rosenblatt Southeast Transportation Authority Executive Director Philadelphia, Pennsylvania International Association of Chiefs of Police Michael S. Scott Alexandria, Virginia Chief of Police Jeffrey Ian Ross Lauderhill, Florida Social Science Analyst Ellen Scrivner National Institute of Justice Assistant Director U.S. Department of Justice Training and Technical Assistance Gale Rossides Office of Community Oriented Policing Assistant Director Services Training and Professional Development U.S. Department of Justice Bureau of Alcohol, Tobacco and Firearms Robert Scully U.S. Department of the Treasury Executive Director Lynn Rowe National Association of Police Organizations Chief of Police Washington, D.C. Springfield, Missouri Jerome H. Skolnick Joseph Ryan Visiting Distinguished Professor Associate Professor John Jay College of Criminal Justice Department of Public Administration The City University of New York Pace University Ron Sloan Howard Safir Chief of Police Police Commissioner Arvada, Colorado New York, New York Margaret Leland Smith Verne Saint Vincent Institute for Criminal Justice Ethics Chief of Police John Jay College of Criminal Justice Aurora, Colorado The City University of New York Darrell Sanders Karen L. Spencer Chief of Police Director Frankfort, Illinois Center for Excellence in Teaching School of Continuing Studies The Johns Hopkins University 78 Appendix A

Darrel W. Stephens Jeremy Travis Chief of Police Director St. Petersburg, Florida National Institute of Justice Patrick J. Sullivan U.S. Department of Justice Sheriff Virginia Trice Arapahoe County, Colorado Intern Anthony Sutin National Institute of Justice Deputy Director/General Counsel U.S. Department of Justice Office of Community Oriented Policing Benjamin B. Tucker Services Deputy Director for Operations U.S. Department of Justice Office of Community Oriented Policing Pamela Swain Services Director of Resource and Planning U.S. Department of Justice International Criminal Investigative Training Craig Uchida and Assistance Program Assistant Director for Grants Administration U.S. Department of Justice Office of Community Oriented Policing Winthrop Swenson Services Managing Director U.S. Department of Justice Business Ethics Services Group Arie Van Oudheusden KPMG Peat Marwick Head of Integrity Project Washington, D.C. Police Force of Rotterdam Rijnmond Ross Swope The Netherlands Captain Lee Vasquez Metropolitan Police Department Sheriff Washington, D.C. Yamhill County, Oregon Gary Sykes Mario Luis Velasco Director Councilman Southwestern Law Enforcement Institute National Security Council Richardson, Texas San Salvador, El Salvador Fred Taylor Stephen Vicchio Chief of Police Chair Dade County, Florida Department of Philosophy John Thomas College of Notre Dame Program Manager David Walchak Office of Development and Dissemination Chief of Police National Institute of Justice Concord, New Hampshire U.S. Department of Justice Sam Walker Hans Toch Professor Professor Criminal Justice Department Criminal Justice Department University of Nebraska at Omaha State University of New York at Albany 79 Police Integrity

Larry E. Walsh Gerald L. Williams Chief of Police Director Lexington, Kentucky Bill Blackwood Law Enforcement Management Institute Elizabeth Watson Sam Houston State University Chief of Police Austin, Texas Homer Williams Assistant Commissioner Joan C. Weiss Internal Affairs Executive Director United States Customs Service Justice Research and Statistics Association Washington, D.C. Hubert Williams President Chuck Wexler Police Foundation Executive Director Washington, D.C. Police Executive Research Forum Washington, D.C. Richard K. Williams Chief of Police Christine Whitledge Madison, Wisconsin Office of Community Oriented Policing Services Mary Ann Wycoff U.S. Department of Justice Senior Research Associate Police Executive Research Forum David Williams Washington, D.C. Assistant Chief Investigative Branch Commander Police Department Portland, Oregon

80 Appendix B Selected Issue Papers on Plenary Panel Presentations Phyllis P. McDonald, Ed.D., Stephen J. Gaffigan, tion investigations in the NYPD; the “revela- and Sheldon J. Greenberg, Ph.D. tions” of Mark Fuhrman in the Simpson trial; the Rodney King incident and trials; the River- side, California, beating of immigrant laborers; Police Integrity: Definition and and the shooting of a female who filed a com- Historical Significance plaint against a police officer have resulted in Why a National Symposium on Police Integrity? public indignation and challenge to the quality of police service. And these events are not Most police executives agree that it is time to confined to major cities. Incidents in Citrus rethink the issue of police integrity. While County, Florida; West Hampton, New York; highly publicized events of the last 2 years may Southgate, California; Anchorage, Alaska; and prove to be a series of isolated incidents, they Chesapeake, Virginia, have generated large- compel the police profession to become intro- scale public scrutiny. The issue of police spective, rethink the nature of the police busi- integrity is not confined to the United States. ness, and consider new strategies. The police On June 10 and 11, 1996, the Council of profession is not new to this circumstance or Europe, a 39-member organization, met in process. Twice in recent history in the United Strasbourg, France, explicitly to discuss police States, police have reformed with success. In ethics. Simultaneously to this meeting, the U.S. the 30s and 40s when political control was became a permanent member of the organiza- rampant, the police developed new methods of tion. Dr. Sally Hillsman, Deputy Director of operating in order to neutralize political influ- NIJ, represented the U.S. at that meeting and ence. The Los Angeles, Wichita, and Chicago presented a paper on police integrity. (A copy Police Departments were three agencies that of that paper has been included in the resource undertook major change to reduce external packet for all symposium attendees.) political controls. In 1968, the President’s Commission on Civil Disorder put forth a Are these recent events indicative of a national serious indictment of police practices. trend toward deterioration of standards? Are Thoughtful police leaders again initiated these events symptomatic of improper selection reforms that are still evolving: community and training of police? Or do these events affairs units, hiring parity, mandated inservice simply reflect advancements in communica- training, and community oriented policing are tions and a media driven by sensationalism and examples of responses to the Commission’s a desperation for market share? findings. There is a consensus among police executives Once again, in 1996, police are being called in the United States that a serious problem has upon to examine their values, policies, proce- surfaced that warrants a professional, collective dures, and practices. A recent series of corrup- response. This consensus propelled the U.S.

81 Police Integrity

Department of Justice to assemble leaders in values.” Intuitively, most people know what the law enforcement community to examine the integrity means. Defining it in behavioral terms nature and dynamics of police integrity. is more difficult. How does a police officer Why Is Police Integrity an Important Issue know what to do when most police agencies in a Democracy? generate a variety of documents or mechanisms designed to shape standards of professional Public confidence in the police is integral to behavior? How are appropriate behaviors social order, economic development, and sound modeled for officers and deputies to follow? In government processes. The police are the most response to the work of Tom Peters, many visible symbol of government. Citizens view police departments began to articulate their the quality of police service as an indicator of values. An example of a values statement is: the quality of government. Police who are “We believe in the sanctity of life.” perceived as untrustworthy create fear and anxiety in citizens. Behaviors which are inviolable are expressed as “rules.” “Police members will not violate Twice in recent history, the police have caused their oath of office by lying.” “Police members the public to question government processes will not drink to excess in a public place.” and controls. In the late 50s and 60s, the police were viewed as a tool of the white, majority Standard operating procedures, generally population violating rights of minorities. Again referred to as policies and procedures or the in the 60s and early 70s, college students, draft patrol manual, describe or dictate acceptable age individuals, and others viewed the police as practices for conducting the police business— the arm of an “establishment” that was render- making a felony car stop, or processing a ing decisions they perceived favored a military prisoner. industrial complex. A large part of the public Corruption may encompass the violations of perceived that police had no regard for the any of the above, i.e., departmental values, welfare of all citizens and projected this per- rules, policies, or procedures. But corruption ception on all government—Federal, State, and may be much more than simply breaking a local. In the 80s, with the advent of the crack rule. Corruption is a violation of the public epidemic, the police were perceived as critical trust. It is an abuse of police power that tran- to the security of citizens. Now, in the 90s, scends written rules and policies. local militias, citizens courts, and national publicity on the “weakness” and questionable The relation of police integrity to corruption practices of police have risen as an expression can be regarded as a continuum, with integrity of skepticism of government. on one end and corruption on the other. Along the continuum, proceeding from integrity to What Is Police Integrity and How Is It Related corruption, may be violations of administrative to Corruption? procedures, testifying, abuse of force, and more. Police integrity can be simply defined as “adherence to professional standards.” More “Ethics” is a term often used interchangeably complex definitions may include discussions of with the word “integrity.” Are the two terms the “moral good” or Deming’s simplistic, yet synonymous? Ethics addresses the specific poignant, description of leadership: “Doing moral choices an individual makes in relating what’s right.” Webster’s definition is clear: to others. Most police are exposed to ethics “Firm adherence to a code or standard of simply as a 2-hour course in entry-level train-

82 Appendix B

ing rather than a dynamic, operational principle quota. Unfortunately, ethical violations such as that applies to day-to-day police business. these occur too frequently. Police are rarely exposed to discussions of For generations, questions have been raised integrity until their behavior or that of their about how to develop and sustain integrity and colleagues is questioned. ethical behavior among employees in business, Is There a Relationship Between Integrity and industry, government, and the nonprofit sector. Community Oriented Policing? Recently, due to a series of highly publicized Some police professionals have begun to events, a new-sprung barrage of questions has question and discuss the relationship between been aimed at the police profession. Courtroom police integrity and community oriented polic- testimony by officers, vehicle pursuits, applica- ing. They ask whether providing an officer time tion of force, and evidence handling procedures and freedom to interact with citizens may lead have come under renewed national scrutiny. to corrupt behavior. Police officers generally In their efforts to enhance the quality of service work unsupervised in answering calls for to communities through principle-driven, service and have done so for generations. They ethical policing, chiefs of police and sheriffs have exercised discretion without falling prey should seek opportunities to learn from the to corruption. Are the expectations of commu- experiences of other occupations. During the nity oriented policing (COP) so different that symposium, experts from other disciplines will misuse of discretion and subsequent corruption share their views and present alternatives to should be anticipated? COP is built on a foun- addressing employee integrity. Through presen- dation of police interaction with the commu- tations and open discussion with participants, nity. If the community perceives that its police they will seek to answer these and other ques- department lacks integrity, then the potential tions: for effective problem solving and crime prevention strategies between the police and commu- Do employers have a right to impose nity will be compromised. Conversely, if the principles and standards of “moral department and its personnel are viewed with responsibility” on employees? Can they trust and esteem, openness to problem solving be enforced? and other complex endeavors (community Do employers have an obligation to cus- development, safe schools, crime reduction) tomers and other stakeholders to estab- becomes the basis for community oriented lish and maintain expectations for policing. This is a compelling reason to review integrity? and reassess the topic of police integrity. Can employee integrity be assumed? Interdisciplinary Panel on Should employers expect moral and ethical Integrity and Ethics behavior and integrity from employees that go beyond the performance of basic A stockbroker uses insider information to steer job tasks? a few favorite clients to rapid profit. A school official signs a construction contract without Can moral responsibility and moral lit- going through the required bid process. A lab eracy be taught to employees? assistant skips a step in screening some blood What steps can be taken to ensure that samples in order to meet a company-imposed employees’ standards for moral behav-

83 Police Integrity

ior parallel or exceed those of the standards of most professions are scrutinized organization? by the customers they serve. In some cases, this Are there success stories in other occupa- scrutiny takes the simple form of product tions that can serve as models to police purchase—or lack of purchase. In others, the agencies for maintaining high ethical scrutiny is more complex, sometimes culminat- and moral values? ing in litigation, loss of public confidence, scandal, loss of licensure, or indictment. These questions are fundamental to any discussion on integrity and ethics. The answers are Policing, including ethical behavior of police not simple. personnel, has undergone external scrutiny over the past 30 years in the form of Presidential The public empowers the government to commissions and countless other Federal, govern and it is the people to whom govern- State, and local examinations, and research ment is ultimately accountable. Therefore, it efforts. Other professions have undergone would seem that society’s expectations of its similar scrutiny. Has this and other forms of public institutions should provide the founda- scrutiny had an effect on how agencies manage tion upon which integrity standards are defined integrity? Is there a crisis of confidence among and maintained. business, industry, and government brought An employee’s behavior is measured by an about by a breakdown in professional ethics? internal “moral compass” that distinguishes In the foreseeable future, will employers between right and wrong. All professions are become more aggressive in their approach to challenged to provide employees with a moral ethics and integrity or will they continue to compass and compel them to use it to make approach these important issues subtly? What appropriate judgments. This compass is pro- will representatives from different profes- vided through quality leadership and supervi- sions—the military, medicine, law, media, the sion, ongoing assessment of organizational clergy, and business—say about ethics, integ- culture, continuous education and professional rity, and moral responsibility? The symposium development, careful selection of employees, panel will focus on these and other issues. and more. Every profession risks lost productivity, loss of Police Executives Discuss Police public confidence, and increased negative Integrity liability when employees operate without The purpose of this panel is to provide a forum principles or a moral code. Every executive for experienced police executives to express faces a challenge to ensure that employee their perspectives on police integrity and to perceptions of right and wrong are not in present personal experiences with setting and conflict with those of the profession or organi- maintaining standards. zation. Executives must ingrain ethical behavior in the organizational culture and then model Often police chiefs take office to find various ethical behavior. behaviors related to integrity. For some, the department has been whole and healthy for its All professions in this society strive to provide entire history, for others the department has high-quality services to their customers in deteriorated badly and often is the reason a new pursuit of their established mission and goals. chief is secured. For others, the police depart- In this process of doing business, the ethical ment has a long history of existing on the edge.

84 Appendix B

At times, this questionable performance is sively seek opportunities. Similarly, methods tolerated by the community and in other cir- for evading detection have achieved new levels, cumstances the community may be outraged including ways to receive payoffs and to avoid but is powerless in the political structure to internal investigators. exert changes. One of the first tasks of any How pervasive is the police corruption of the chief or sheriff is to determine the level of 90s? Is the situation in New York, as addressed functioning of the agency; assess the integrity by the Mollen Commission, unique? To what of its personnel; learn the community’s needs extent does modern police corruption occur in and perceptions; and set direction for growth, small towns and suburban and rural areas? change, and service. Police chiefs and other police executives recognize that their own The Motivation for Corruption personal and professional behavior can have a Mark Moore of the Kennedy School of Gov- profound impact, negatively or positively, on ernment, Harvard University, describes a new the men and women of their police force. phenomenon in the police industry which he Modern Police Corruption Compared to the terms “noble-cause justice.” Moore suggests Corruption of 20 Years Ago that “testilying” and document falsification are activities prompted by a need to ensure that The Mollen Commission report on the NYPD prosecutions go forward. These “shortcuts” suggests that there are significant differences in may lead to violation of constitutional rights the nature of corruption in the 1990s. The and ultimately become counterproductive to the report suggests that a new character of police officer’s intended results. This behavior often corruption exists. The pattern of 20 years ago leads to acquittals since juries and judges consisted of so-called “minor” corruption, such regard police testimony and reports as suspect. as the taking of bribes for the purpose of To what extent are police willing to violate the allowing gamblers, prostitutes, and others to public trust in order to guarantee that justice avoid the law and escape arrest. This was a is served? Or, do some police use noble-cause mutually beneficial accommodation between justice as a rationale to justify illegal or unethi- the police officer and criminal. Today, however, cal behavior for personal gain? while corruption still accommodates the officer, it is different in nature. The modern Another form of corruption that will be dis- corrupt officer is paid not only to turn a “blind cussed by police executives is the manipulation eye” to criminal activities but to work hand-in- of policy and procedure. This includes officers hand with the criminal to actively facilitate wishing to incur additional overtime who make criminal activities. In New York City, the questionable arrests at the end of their tour. It officers became drug dealers and helped to includes officers who trade arrests, giving them operate large drug rings. to another officer who was not present, in order to allow him or her to go to court on a regular The Mollen Commission also found that day off thus earning overtime. Other examples corruption had achieved new levels of organi- of policy and procedure manipulation include zation. In the past, there was tacit approval allowing a recruit to retake a final exam be- through the ranks. Today, however, the corrup- cause he or she is the friend of a commander or tion includes “crews” of police officers that approving a tuition payment. Unfortunately, protect and assist each others’ criminal activi- these behaviors are not only forms of corrup- ties. Today’s corrupt officers do not simply tion but they easily lead to other problems and bump into opportunities, but rather aggres- forms of corruption. 85 Police Integrity

Another issue in understanding violations of constantly reviewing your intent as you the public trust is the “tipping point” described strive for congruence. by Malcolm Gladwell in New Yorker magazine. Integrity—as it applies to police service—is a Gladwell suggests that crimes such as homi- series of concepts and beliefs that, combined, cide, in much the same manner as a communi- provide structure to an agency’s operation and cable disease, occur in a pattern that follows officers’ professional and personal ethics. These that of an epidemic. If crimes occur according concepts and beliefs include, but are not lim- to the patterns of an epidemic, perhaps corrup- ited to, honesty, honor, morality, allegiance, tion manifests in the same way. The implication principled behavior, and dedication to mission. for police executives is the early identification of corruption. Integrity without knowledge is weak Police chiefs have lost their jobs based on the and useless, and knowledge without inappropriate behavior of officers and subse- integrity is dangerous and dreadful. quent publicity and political “fallout.” How can —Samuel Johnson (1759) a chief or sheriff work to minimize or eliminate corruption and other problems with integrity so While police leaders, politicians, and the public that it does not adversely affect his or her expect all police personnel to be above re- position? Does the risk of political fallout cause proach, there are few mechanisms in the police police executives to take an ostrich-like ap- culture to teach, reinforce, and reward the proach to crises of integrity? These are among characteristics or traits that define integrity. the questions and issues that will be explored. Nationally, the amount of time committed This national symposium will allow time for to discussing integrity and ethics in recruit, reflective thinking and the generation of strate- inservice, supervisory, and administrative gies to maintain organizational integrity. training sessions is minimal. Traditionally, police leaders define integrity Impact of Police Culture, by the absence of specific traits and actions. Organization, and Leadership on Despite the broad philosophical and values Police Integrity statements often found in policy manuals, integrity is defined practically as an absence of corruption, incidents of excessive force, We are discussing no small matter, but racism, selfishness, disloyalty, and more. As how we ought to live.... such, integrity is maintained by investigating —Socrates, in Plato’s Republic and disciplining wrongdoing by police person- Integrity nel rather than rewarding positive behaviors. In Principle Centered Leadership, Stephen Integrity and Culture Covey details a series of leadership traits. Integrity is an obligation owed to the public Among them is integrity, which he defines as: by the police. Can leaders in a police agency overcome a traditional culture that accepts honest matching of words and feelings challenges to integrity such as a “code of with thoughts and actions with no silence” or a “blue flu”? The relationship desire other than for the good of others, between integrity and culture cannot be over- without malice or desire to deceive, stated. Integrity shapes the organization’s take advantage, manipulate, or control

86 Appendix B

culture and, once ensconced, the culture may way of doing business built on integrity. They influence integrity. challenged many of the tenets that drive traditional agencies and the traditional police Like integrity, the police culture defies simple culture. Each of them espoused and personally definition. Part of the culture is defined in the demonstrated that integrity must permeate all image the police have of themselves—con- that the police agency and its personnel do. veyed to the public as impartial, professional They tolerated no less. crime fighters. Another part of the culture consists of a system of beliefs and behaviors In today’s environment, how aggressive can a not described in published manuals or agency police executive be in weeding out corruption values statements. These parts combine to and instilling and maintaining integrity? If the form: chief assigns a significant number of personnel to the task (as did Commissioner Donald ...the building blocks of current police Pomerleau in Baltimore in the late 1960s and culture; they are the truths that officers early 1970s), will he or she be criticized— feel in their bones, the touchstones internally and politically—for “misusing” that—unless changed—will continue to resources that could be allocated to patrol? Can govern their behavior and attitudes. a police chief or sheriff committed to changing In describing the police culture in Beyond 911, the integrity of police officers withstand the Sparrow, Moore, and Kennedy cite six of the political pressure brought to bear by labor strongest beliefs held by the police. They organizations (as did Bill Bratton in New York believe that they are the only real crime fight- City)? Can a chief’s or sheriff’s aggressive ers. No one other than the police understands approach to infusing and maintaining integrity the real nature of their work. Loyalty to col- withstand the complexities of due process leagues is their highest value and “counts afforded to police officers? above everything else.” It is impossible to win the war on crime without bending rules and A man should be upright, not be kept regulations. The public is demanding and upright. unsupportive. And, working in patrol is the — Marcus Aurelius (121–180 A.D.) least desirable assignment in police service. These beliefs are well-ingrained in the system Responsibility of Leaders that hires, trains, directs, and evaluates police. How do police leaders influence the integrity of These beliefs are reinforced by peers, academy police employees? A critical first step in assess- instructors, supervisors, administrators, politi- ing, instilling, and maintaining integrity within cians, the media, and the public. Those who the police culture is to ensure that police seek to challenge these beliefs often “swim executives model appropriate behaviors. against the tide.” If a chief of police or deputy chief fails to Some executives—Neil Behan (retired chief, convey information in an honest, direct way to Baltimore County), Joe McNamara (retired employees; if officers are assigned to specialty chief, San Jose), David Couper (retired chief, units or promoted based on a process that is Madison), and others—enjoyed tenure in their deemed less than fair and equitable; and, if agency and political support within their executives allocate resources to cater to the community for creating a culture and a new whims and demands of influential people, can

87 Police Integrity

officers and civilian employees be expected to police integrity. The results wreak havoc for maintain a level of integrity that surpasses that police executives. of their bosses? Within any police organization, What tools are available to executives to por- can employees be held to a higher standard of tray and sustain before the public an accurate integrity and moral responsibility than that picture of police integrity? How does the public demonstrated by their executive officers and gauge police integrity? How can executives political leaders? successfully counter public misperception Covey states that a person who lacks integrity about police integrity? will not be able to create a culture in which Integrity is not a task—to be assigned or there is “genuine trust” and that an organization imposed on police employees to cause stress or that lacks integrity cannot satisfy its customers. consume time. It is not an add-on chore. The organization may have a mission statement Whether strong or weak, integrity is part of a and well-stated values, but it will not live up to person’s being—a way of life—as much as them. The organization and its executives their religion, relationships, and goals. “become hypocritical or duplicitous.” In recent years, questions about integrity have Few men have virtue to withstand the been raised in relation to community policing. highest bidder. Many traditionally structured police organiza- —George Washington (1779) tions are changing, decentralizing, and relinquishing more authority to site-based district Traditionally, integrity in police service is and precinct managers to support community discussed—internally and externally in the and neighborhood initiatives. What preparation media—only when it is questioned, such as has the organization provided to these com- during the aftermath of the Rodney King manders to manage and problem solve inde- incident in Los Angeles or following Mark pendently? How much trust do chiefs and Fuhrman’s testimony in the O.J. Simpson trial. sheriffs have in the ability and integrity of these But even such noteworthy events fail to raise commanders to direct community-based opera- discussion about how modern police leaders tions? maintain integrity within their organization and Police leaders committed to community polic- how the average police officer upholds these ing must reconcile relinquishing authority and concepts—truth, appropriate use of authority, greater discretion to police officers so that they application of reasonable force, and others— might establish quality relationships in the rarely, if ever, violating the public trust. neighborhoods they serve and problem solve The media plays a significant role in influenc- effectively with the highly structured system of ing the public’s perception toward the integrity constraints and hierarchical structure embedded of its police. Whether sensationalizing a single in police tradition. In developing rapport with a event—a pursuit in South Carolina that resulted restaurant manager, is an officer, once rein allegations of excessive force—or a thought- stricted by policy from taking free food, now ful inquiry—the dilemmas faced by agents of allowed to take a cup of coffee and piece of pie the U.S. Border Patrol in stemming the flow of when it is offered? Will sergeants, lieutenants, illegal immigrants—the news media quickly and captains allow police officers to go directly paints an enduring and often negative picture of to the Public Works Department, bypassing the chain of command, to pursue a street repair?

88 Appendix B

And, will a police officer who needs extra time Should a police department’s integrity be to solve a neighborhood problem be trusted that measured by how it responds to citizen and he or she is not taking advantage of or abusing internal complaints? Should it be measured the department’s overtime system? through an aggressive, ongoing assessment of Discussion about integrity in policing raises how employees perform in their beats and work other important questions. Will police leaders, stations? elected officials, and the public continue to Should police executives regularly seek exter- judge the many by the few whose integrity is nal support—focus groups, community leaders, questionable? consultants, accrediting agencies—to assist in Grappling with issues of integrity is not a assessing integrity? What other ways are there recent phenomenon nor is it unique to police and where else may police executives turn agencies. Coming to grips with integrity sur- internally and externally to ensure that the faced in the first stories in the Bible. Adam and highest order of integrity is upheld? Eve denied responsibility for their actions, Questions abound regarding the impact of blaming the influence of a serpent for their police culture, organization, and leadership on deeds. Their son, Cain, quickly denied respon- police integrity. As the nature of police organi- sibility for his actions, refusing to acknowledge zations and police authority continue to be his offense—and there weren’t many other questioned and changed, more questions will suspects upon which to push the blame. arise about integrity. It is the goal and chal- Since policing first advanced from vigilantism, lenge of the National Symposium on Police police leaders and officers have had to deal Integrity and its participants to begin to answer with “noble-cause corruption” (term put forth many of these questions. by Mark Moore of Harvard University). Should standards of integrity be bent in extraordinary Internal Subsystems and External circumstances? Can integrity be put aside when Influences on Police Integrity it is for the good of the society or a community Purpose of This Panel or neighborhood? Does it matter that a police In the field of law enforcement, as in many officer deals “street justice” to a known repeat disciplines, there are a number of subsystems offender who terrorizes a community only to in place for the purpose of maintaining profes- have the courts repeatedly return him to the sional standards of behavior. Subsystems in law streets? Whose good should prevail when enforcement agencies include: selection and considering integrity? Is there a difference hiring, training, supervision, internal inspec- between wrongdoing and doing wrong for a tions and investigations, performance evalua- noble cause? Who, if anyone, should make the tion, promotions, and policies and procedures. determination? There are external influences as well, including: civilian complaint review boards, Federal When you prevent me from doing any- civil rights actions, political checks and bal- thing I want to do, that is persecution; ances, the media, and community scrutiny. This but when I prevent you from doing panel will draw upon experts in the field of law anything you want to do, that is law, enforcement to examine issues pertaining to order, and morals. internal subsystems and external influences. In —George Bernard Shaw addition, it will address the nature and func-

89 Police Integrity

tioning of the subsystems identified and how pay calculation and therefore funneled into they can be influenced to improve integrity. personnel systems. Records of citizens’ com- Issues Related to Subsystems and Influences plaints, even for minor incidents, are generally kept by the internal affairs unit. When all of the Integrity is at the foundation of quality police available data is viewed, previously undetected service. Police executives are asking if integrity patterns of behavior may emerge. This indi- can be measured during the hiring process. cates a problem manifesting that requires Currently, the Department of Defense is con- immediate attention. ducting a comparative study of police officers who have violated the public trust and their Some departments have begun to view certain entry-level scores on psychological exams. The elements of the police subculture as mitigating purpose is to identify patterns. Variables such against maintaining professional standards. An as time on the job and educational background agency whose components operate in isolation are being correlated. To date, no test for integ- from one another will often have problems with rity has been found. internal communication, community problem solving, and more. It will be a department in Barring testing for integrity, police executives which integrity problems can be bred. are considering other alternatives. Can integrity or moral responsibility be inculcated into Organizational issues such as holding mid-level recruits during entry-level training? The Swed- commanders and first-line supervisors account- ish police are exploring ways to construct a able for the behavior of their officers should be “language” of “ethics” so that it can be dis- examined. Holding executive-level officials cussed every day throughout a police depart- accountable for adherence to policy and proce- ment. The Swedish police are also evaluating dure and for modeling appropriate behavior officers’ daily schedules in order to identify and integrity is equally important. times and locations when such discussions Some studies have suggested that police depart- should occur. ments that are open and have clear objectives Officers proceeding through their police ca- which generate high levels of activity tend to reers must understand the dynamics of integ- have fewer violations of the public trust. This is rity. In addition to internal subsystems and a compelling concept that will be discussed external influences, there are personal forces during the symposium. that impact an officer. Despite departmental Other questions arise regarding internal sub- safeguards, these personal forces may influence systems. an officer to violate the public trust. (See chart attached, “Dynamics of Police Integrity.”) How can performance evaluation, reward structures, and promotion systems be Researchers are beginning to develop an “early designed to support and/or reinforce warning system” for police agencies to enable standards of professional behavior and them to gather data, which, when viewed to integrity? identify a pattern, reveals the potential for public trust violations. Traditionally, different Are there relationships between well- types of data are collected by police agencies defined job roles, competency, and but filed in different data banks. For example, integrity? records of sick leave, lateness, and unreason- What is the effect of first-line supervisors able absences from the job are data used for on standards of performance and integrity? 90 Appendix B

Have any training, accountability, or Justice was created by the U.S. Congress in performance evaluation systems been 1957, and this unit should be studied by local developed that compel supervisors to police executives and others to determine how assume leadership roles and hold their best civil rights investigations can benefit officers responsible for maintaining the police agencies and communities. The Bureau public trust? of Justice Statistics has the mandate to collect statistics on police abuse of force. Tracking How well is the purpose of policing under- trends nationwide provides a service to agen- stood by members of the department cies by identifying patterns and trends nation- and does a lack of understanding about ally, regionally, and in individual agencies. purpose have an impact on performance Politicians, government leaders, communities, and integrity? neighborhoods, the criminal justice system, the There are a number of external influences that media, and the police themselves have affected affect police agencies and, ultimately, standards the quality of police service and police integ- of behavior and integrity. Civilian review rity. Can the guidelines for maintaining the boards (CRBs), considered controversial when public trust be developed to be of use to all first introduced, exist in most of the nation’s interest groups? largest cities. Some are organized like internal Police departments are judged by a variety of affairs units with full-time investigators. Some standards. Many of these are stated in negative have subpoena powers. And, some are struc- terms such as lack of scandal, lack of corrup- tured as informal fact-finding organizations. tion, lack of law suits, etc. Positive factors and Time should be devoted to identifying excep- influences that have potential to affect police tional and effective civilian review boards. The integrity need to be identified and understood. Civil Rights Division of the Department of

91 Police Integrity Police Department Other Sectors, Criminal Justice System Political Influence Community Demands Media Graphic: S. Novecio Jennifer Civilian Complaint Board Civilian External Forces Impacting External Forces Quality of Supervision Reward Structure Reward Leadership, Chief/ Commanders Accountability System Disciplinary System Training Entry-Level Selection/Hiring Process Promotion System Departmental Values/Policies Police Personnel Inservice Training Departmental Forces Impacting Departmental Forces Police Officer’s Career Police Personnel Dynamics of Police Integrity Dynamics of Police Police Subculture Diversity Issues in Department Diversity Literacy Values/Moral Family Community Response to and Presence Activities Police Abuse Alcohol/Drug Economy/Personal Finances Aggressive with Experience Police Tactics Frustration with Criminal Justice System Peer Influence 92 Impacting Forces Personal Appendix C Bibliography of Related Sources Aaron, Titus. “Judicial Limitations of the ing: Contemporary Readings. Prospect Investigation of Officer Misconduct.” Heights, Illinois: Waveland Press, 1989. Law and Order 39 (October 1991): Bobb, Merrick J., et al. “Five Years Later: 91–2. A Report to the Los Angeles Police Amendola, Karen L. “Assessing Law Commission on the Los Angeles Police Enforcement Ethics: A Summary Department’s Implementation of Inde- Report Based on the Study Conducted pendent Commission Recommenda- with the Oregon Department of State tions.” Special Counsel (May 1996). Police.” Police Foundation, January Bok, Sissela. Secrets. New York: Random 1996. House, Inc., 1983. “Analysis of the District of Columbia’s Burden, Ordway P. “Those Who Help, Civilian Complaint Review Board and Help Themselves.” Law Enforcement Recommendations for Its Replace- News (December 15, 1990): 5. ment.” A Report Prepared for the American Civil Liberties Union of the Carter, David L. “Drug-Related Corruption National Capital Area. Piper & of Police Officers: A Contemporary Marbury, L.L.P., June 29, 1995. Typology.” Journal of Criminal Justice (1990): 85–98. Applebaum, D. “Looking Down the Wrong Side of the Gun: The Problems of the Christopher, Warren. “Independent Com- Police Use of Lethal Force.” Police mission on the Los Angeles Police Chief (May 1983): 55–59. Department.” Los Angeles: July 19, 1991. “Assessing Law Enforcement Ethics: Technical Report Based on the Study Cohen, Howard S., and Michael Feldberg. Conducted with the Oregon Department Power and Restraint: The Moral Di- of State Police.” Police Foundation, mension of Police Work. New York: May 1996. Praeger, 1991. Avery, Michael, and David Rudovsky. Curriden, Mark. “When Good Cops Go Police Misconduct Law and Litigation. Bad.” American Bar Association Jour- New York: Clark Boardman Callaghan, nal (May 1996): 62–65. 1992. Davis, Michael. “Do Cops Really Need a Blumberg, M. “Controlling Police Use of Code of Ethics?” Criminal Justice Deadly Force: Assessing Two Decades Ethics 10 (Summer/Fall 1991): 14–28. of Progress.” In R.G. Dunham and G.P. Alpert (eds.), Critical Issues in Polic-

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Delattre, Edwin J. Character and Cops: Geller, William A., and Hans Toch. “And Ethics in Policing. 2nd ed. Washington, Justice For All: Understanding and D.C.: American Enterprise Institute for Controlling Police Abuse of Force.” Public Policy, 1994. Washington, D.C.: Police Executive Research Forum, 1995, funded by NIJ. Delattre, Edwin J., and Scott R. Stripling. “Police Integrity and Public Expecta- Geller, W., and M.S. Scott. Deadly Force: tions.” Public Interest Law Review What We Know. Washington, D.C.: (1992): 47–62. Police Executive Research Forum, 1992. Dugan, John R., and Daniel R. Breda. “Complaints About Police Officers: A Goldstein, Herman. “Police Corruption: A Comparison Among Types and Agen- Perspective on its Nature and Control.” cies.” Journal of Criminal Justice 19.2 Police Foundation, January 1975. (1991): 165–171. Giuliani, Rudolph W., and William J. Emmons, David, and Larry Nutt. “Values Bratton. “Police Strategy No. 7: Root- Education and the Criminal Justice ing Out Corruption: Building Organiza- Curriculum.” Journal of Criminal tional Integrity in the New York City Justice Education 6.1 (Spring 1995): Police Department.” New York: June 147+. 14, 1995. Falcone, David N. “Police Pursuits and Hale, D.C. “Ideology of Police Misbehav- Officer Attitudes: Myths and Realities.” ior.” Quarterly Journal of Ideology 13.2 American Journal of Police 28.1 (1989): 59–85. (1994): 143–156. International Association of Chiefs of FBI Academy. “Maintaining Integrity in Police. “Building Integrity and Reduc- Law Enforcement Organizations: ing Drug Corruption in Police Depart- Selected Readings.” Major City Chiefs ments.” Washington, D.C.: U.S. Depart- Administrations, National Executive ment of Justice, Office of Justice Pro- Institute Associates, January 1994. grams, 1989. Finnane, Mark. “Police Corruption and International Association of Chiefs of Police Reform: The Fitzgerald Inquiry Police. “Models for Management.” in Queensland, Australia.” Policing and Corruption Prevention (May 1, 1989). Society 1 (January 1991): 159–171. Ivkovich, Sanja Kutnjak, and Carl B. Freeman, Theodore F., Jr. “The Word is Klockars. “A Cross-Cultural Study of Integrity.” Law and Order 38 (Decem- Police Corruption: Perceptions of ber 1990): 66. Offense Seriousness.” Presented to the American Society of Criminology Fyfe, J.J. “Police/Citizen Violence Reduc- Annual Meeting, November 1995. tion Project.” FBI Law Enforcement Bulletin 58 (May 1989): 18–23.

94 Appendix C

Ivkovich, Sanja Kutnjak, and Carl B. Maguire, M., and C. Corbett. “Patterns Klockars. “Police Perceptions of Disci- and Profiles of Complaints Against plinary Fairness and the Code of Si- the Police.” Chapter 10 in Coming lence.” Paper presented to the Academy to Terms With Policing. London: of Criminal Justice Sciences, March Routledge, 1989. 1996. Martin, Christine. “Illinois Municipal Kappeler, Victor E., Richard D. Sluder, and Officer’s Perceptions of Police Ethics.” Geoffrey P. Alpert. Forces of Deviance: Statistical Analysis Center, Illinois Understanding the Dark Side of Polic- Criminal Justice Information Center, ing. Prospect Heights, Illinois: September 1994. Waveland Press, 1994. Mollen, Milton. “Commission to Investi- Keegan, Paul. “The Thinnest Blue Line.” gate Allegations of Police Corruption The New York Times Magazine 31 and the Anti-Corruption Procedures of (March 1996): 32+. the Police Department.” New York City: July 7, 1994. Kelling, George L. “How to Run a Police Department.” City Journal (Autumn Moore, Mark H. Creating Public Value: 1995): 34–45. Strategic Management in Government. Cambridge, Massachusetts: Harvard Kleinig, John. “Teaching and Learning University Press, 1995. Police Ethics: Competing and Comple- mentary Approaches.” Journal of Moore, Mark H., and Greg Chen. “Systems Criminal Justice 18 (1990): 1-18. for Controlling Police Corruption: Review of the Literature and an Infor- Knapp Commission. The Knapp Commis- mal National Survey.” The Mollen sion Report on Police Corruption. New Commission. New York: September York: Braziller, 1972. 1993. Kolt, J.G., et al. Los Angeles County National Lawyers Guild. Police Miscon- Sheriff’s Department: A Report by duct Law and Litigation, 2nd ed. New James G. Kolt and Staff. Los Angeles: York: Clark Boardman Callaghan, Author, 1992. 1992. Kraska, Peter B., and Victor E. Kappeler. Pate, Antony M., and Lorie A. Fridell. “To Serve and Pursue: Exploring Police “Police Use of Force: Official Reports, Sexual Violence Against Women.” Citizen Complaints, and Legal Conse- Justice Quarterly 12.1 (March 1995): quence.” Police Foundation, 1993, 85+. funded by NIJ. Levitt, Leonard. “Too Close to Comfort? “Philadelphia and Its Police: Toward DA’s Need Cops Too Much to Charge a New Partnership.” Report by the Them, Critics Say.” New York Newsday Philadelphia Police Study Task Force. 15 (November 1991): 30. Philadelphia: Philadelphia Police Study Task Force, March 1987.

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