There are storm clouds gathering over law enforcement
agencies. Once a cop was always
believed, but that is no more. For many
years agencies have been able to handle their dirty laundry themselves, without
outside scrutiny. But that too appears
to be changing. There are several recent
notable examples of the public rising up and demanding more accountability and
transparency in what we do.
This past week Wisconsin Governor Scott Walker, certainly
not a liberal politician, signed a one of a kind law directly impacting how
police agencies in Wisconsin investigation any police custody death. This law mandates that two investigators from
a different police agency direct the investigation of that police related
death. This law is the result of the
shooting death of Michael Bell by Kenosha officers nearly 10 years ago. I was a police practices expert for the
plaintiff on that civil case. It settled
for $1.75 million. Bell’s father,
however, spent nearly $1 million on billboards and other advertisement to change
the way police agencies in Wisconsin handle these types of cases. It should be noted that five provinces in
Canada have formed all-civilian investigative units to handle all police
involved use of force cases, including those resulting in death.
In Hawaii, SB2591, has passed both state legislative houses
and is now awaiting the Governor’s signature.
It would mandate more reporting and transparency in how local police
agencies report officer misconduct and discipline. Chiefs would now be required to report to the
legislature whenever an officer is suspended, fired or allowed to resign in
lieu of discipline. The Chief would also
be required to report whether criminal charges were sought. Should some appeal process overturn the
discipline, the Chief would have to report the reasoning for this outcome. Still at issue is disclosure of disciplined
officers past records. But the files of
the discipline would be mandated to be retained for 18 months after the officer
is disciplined.
The NYPD thought it was a swell idea to start a Twitter
campaign asking local citizens to share there photos and videos of officers
engaged in policing. The NYPD thought
this would produce lots of community feel good publicity. Unfortunately what the department got was a steady
streaming of negative images.
The Albuquerque Police Department is under intense scrutiny
by the U.S. Department of Justice and community action groups resulting from
several years of police-involved shootings.
This is simply a continuation of several other outside studies, many
originated by the Agency or City, on similar use of force issues. The main thrust is how officers are trained
and disciplined, specifically on use of force incidents.
Sheriff Baca of Los Angeles County made the decision to not
run for a fifth term in office. His
agency has been besieged with outside investigations, lawsuits and internal
turmoil for many years now.
It’s time to reevaluate our position in law
enforcement. Our striving for secrecy in
our IA/OPS operation is only exacerbating the problem of transparency. From the public’s standpoint we look like we’re
trying to hide our failure to hold our employees and ourselves accountable. We have to reexamine our focus in the way we
provide our service to our communities.
Are we law enforcement officers or keepers of the peace! There is a distinct difference and it can
have a monumental impact on how we select, train, supervise and hold
accountable our employees. Do we want to
be known as ‘warriors’ or ‘guardians?’