Ferguson is a signal for introspection of local policing

Ferguson is more than simply one officer-involved shooting.  Either way the Grand Jury and prosecutor goes will not be satisfactory to one group or another.  But, this tragic police incident will be similar to others that crop up every 20-25 years and signal a time to reflect on the role of law enforcement in our country.  Each time we have gained from this insight, but unfortunately allow ourselves to slip backwards.

In 1931 it was the Wickershim Commission that plowed into political corruption and influence in local policing.  It looked at the undue influence of politics in policing, payment for getting cop jobs and promotions, and the affect of the ‘Code of Silence’ in shielding police misconduct.  On the plus side it heralded the beginning of merit systems for police throughout the country.

The late 1960s saw a glow across the country from urban riots.  The President Johnson Commission, Kerner Commission and eventually the Police Task Force Report of the National Advisory Commission on Criminal Justice Standards and Goals were national efforts to address societal and policing issues.  That latter work was really a precursor to CALEA (Commission on Accreditation for Law Enforcement Agencies).  A significant focus of these efforts was the handling of citizen grievances.  It ushered in the growth of civilian oversight efforts.  But it also improved training, created state POST and certification efforts, more effective ways to manage demonstrations and unrest, and collective bargaining for many police employees.

In 1991 it was the Rodney King incident in Los Angeles.  While many wanted national legislation to address ‘police brutality,’ what they got in 1994 was Section 14141 that allowed the Department of Justice to initiate ‘pattern and practice’ investigations of local law enforcement.  Again there were numerous local commissions that focused on police handling of citizen complaints and the ineffectiveness of civilian oversight.  One positive outgrowth was the movement to fully document police uses of force that demonstrated that use of force was not as widespread as most civilians believed.

So here we are now with Ferguson.  It has catapulted several issues to the forefront in communities across the nation.  The first issue must be the militarization of local agencies and the battle between foundational philosophies of are we ‘warriors’ or ‘guardians of the peace?’  Anyone actively involved in today’s policing has to recognize that we have to be prepared for the unthinkable.  But how many agencies that took advantage of the 1033 federal program and got armored vehicles, weapons and 12,000 bayonets (who has those?) actually vetted the acquisition with their local governing bodies and communities? 

A ‘warrior’ is someone whom a government creates to overcome, suppress and kill its adversary.  There are some police incidents that require a warrior mentality like a high-risk entry into a fortified location or a takedown of heavily armed criminals.  But the vast majority of a cop’s daily work is more designed for the ‘guardian of the peace.’  We may have forgotten to balance our training and direction to ensure that officers know the difference and when one is needed over the other.  As my good friend and retired chief Harry Dolan says, “Do we need officers doing routine patrol dressed in military BDUs and weighed down with the external combat vests?”  What message are we sending to the cop on the beat?

The second issues that Ferguson will address is ‘Are we capable of investigating ourselves?’  Wisconsin this year passed legislation that mandates that a group headed by investigators from non-involved agencies investigate every police-related death.  Hawaii passed a law requiring police agencies to report terminations of police officers.  Miami-Dade Police will now have all of their OIS investigated by FDLE, the state agency.  Philadelphia, Baltimore and NYPD have all taken steps to create more transparency in its investigations of allegations of police misconduct. And, yet, we don’t have reasonable national statistics on police related deaths of civilians.   

And the last area (there will be others brought out) is whether we can hire officers who are representative of the community being served.  That is a daunting task that good, well-meaning agencies have struggled with for many years.  The pool of qualified candidates is shrinking, particularly minority candidates, when you throw in arrest records and drug use. 

Law enforcement has survived other periods like Ferguson and we will survive this one too.  Hopefully we’ll come out better for the introspection and not allow complacency to drag us back for another national forum 20 years from now.

Introducing the new Facebook page "Internal Affairs Institute."

I’ve reached two milestones.  This blog has surpassed 6000 hits.  Last week we initiated a new Facebook site: “Internal Affairs Institute.”  This is intended to be a forum for a discussion of issues, questions, and trends in administrative investigations for public safety officers. 

The ‘Institute’ is an outgrowth of professional activities of the Legal and Liability Risk Management Institute of the Public Agency Training Council.  PATC currently provides law enforcement and fire service personnel with over 1000 seminars each year.  Many officers attend on their own nickel and PATC has strived to keep the cost and locations of these seminars to encourage that level of personal commitment.

LLRMI, on the other hand, has been active with risk insurance pools and provides technical support, policy development and agency audits for these customers.  We have on-going retainers with these pools in 14 states.  Three years ago we established the Internal Affairs Institute (ia@patc.com).  The Institute offers a national Certificate for IA/OPS Investigators/Supervisors.  Over 250 professionals have challenged the process successfully and currently have been awarded this prestigious award.

The new Facebook site “Internal Affairs Institute” will provide another link to the activities of PATC in this essential task for law enforcement.  With the recent events in Ferguson, the public and governmental watchdogs will further scrutinize this task and question our ability to conduct these types of investigations in an impartial manner.

I welcome you to visit the new Facebook page and “like” us if it meets your expectations.

A training experience in Mexico City

A couple of weeks ago I had an interesting experience of training the Mexican Federal Police along with some managers from municipal and state police agencies in Mexico.  This was part of an on-going professional training program facilitated by the U.S. State Department.

My first impression was the face of the Federal Policia.  This is a relatively new police organization begun in 2008 and now is reaching somewhere between 30 and 40 thousand strong.  It grew out the previous policing efforts of the Army and Navy.  I was invited to accompany the participants in this class to several demonstrations of the breath of the agency.  We went to its main facility and training site in Mexico City.  This was a sprawling, heavily protected campus.  Their special operations units were similar to our best.  They showed us their ‘crisis room’ where they monitor raids on narcotic and organized crime operations.  They regularly use their Boeing 727 and two Apache helicopters in these operations. 

They were in the process of recruiting and training a new 5000-officer unit called “Gendarmerie.”  These will be organized into units of 200, taken to local ‘hotspots,’ housed in four trailers and supervised by only three supervisors.  The claimed mission is to provide protection for the local merchants who face extortion by local gangs.  It could also be another attempt of circumvent the problems faced by less professional local police.  I think it could also prove to be a headache for the Federal Police in potential misconduct by these officers away from home, in a strange community, and with minimal supervision.

Another part of the orientation tour was a journey to what they referred to as the “Bunker.”  It is the country’s war room for natural and manmade disasters.  This large complex also housed their state of the art forensics lab.  They are creating some new and interesting approaches to this arm of policing.

I was able to conduct three separate training programs for different groups of managers of local and Federal police agencies.  The topic was Sexual Misconduct.  It obviously has no borders.  The groups were very attentive and lively in discussions.  One thing I did notice was the formality of the classes with all in business clothing including coats and ties for all of the men.  The first class had 125 participants and there was real time translation.  The other two sessions at the “Bunker” were not real time translation.  It was interesting that several members of even the local agencies were able to help out my handler in translation.

One thing that was apparent was that their disciplinary system is much more legal than ours.  Most of the managers from the Federal Police were attorneys.  They didn’t seem to comprehend the concept of bifurcating misconduct between a criminal versus an administrative approach.  They seem to favor going the criminal track.  The section I did on Employee Involved Domestic Misconduct and Fraternization obviously were totally new to them.  Or, at least, they hadn’t thought to address the inherent agency problems posed by these employee issues.

I had one late afternoon and evening free and took advantage of the time to walk amongst the Mexico City crowds.  I walked down through the business section I was staying at into the old town and to the Cathedral and plaza.  The crowds were similar to those in our major cities…just spoke a different language.  Contrary to the concerns of my wife, I felt comfortable walking and being immersed in this new location.

I hope to be invited back to continue whatever help I can give to this neighboring country of ours.  I truly feel they are trying to overcome some of the historical problems Mexican policing has faced.