MENU TITLE: Police Integrity Public Service With Honor. Series: NIJ Report Published: January 1997 149 pages 301,842 bytes ------------------------------ Figures, charts, forms, and tables are not included in this ASCII plain-text file. To view this document in its entirety, download the Adobe Acrobat graphic file available from this Web site or order a print copy from NCJRS at 800-851-3420. ------------------------------ 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 ------------------------------ 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 ------------------------------ U.S. Department of Justice Natinal 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 ------------------------------ Table of Contents Foreword Acknowledgments Executive Summary Chapter 1: Introduction and Background Chapter 2: Keynote Addresses 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 Chapter 3: Plenary Sessions First Plenary Session Second Plenary Session Third Plenary Session Fourth Plenary Session Fifth Plenary Session Chapter 4: Small Group Working Sessions on Integrity and Ethics Recommendations Model Practices Chapter 5: Epilogue Appendixes Appendix A: Attendees Appendix B: Selected Issue Papers on Plenary Panel Presentations Appendix C: Bibliography of Related Sources ------------------------------ Foreword Integrity is universal to the human experience; it can be considered the measure of an individual, an agency, an institution, a discipline, or an entire nation. Integrity is a yardstick for trust, competence, professionalism, and confidence. Deep within every human being is the subconscious ability to interpret behavior and events as a mark of integrity or a violation of trust. It is this universal tendency that makes the study of integrity complex, challenging, and important. Policing in a democracy requires high levels of integrity if it is to be acceptable to the people. Historically, in the United States, there have been many times when public trust in the integrity of the police has been questioned. Events in the 1990s eroded public trust in the integrity of the police; this situation has resulted in a closer scrutiny of the profession and its responses to this critical issue. This concern, as expressed by citizens and law enforcement professionals, motivated the Office of Community Oriented Policing Services (COPS) and the National Institute of Justice (NIJ) to assemble a group of law enforcement personnel and other professionals in a national symposium to examine the issue of integrity. In July 1996 the National Symposium on Police Integrity took place in Washington, D.C. The 200 participants included police chiefs, sheriffs, police researchers, police officers, members of other professional disciplines, community leaders, and members of other Federal agencies. This participant mix was particularly noteworthy because it reflected diverse views of individuals who typically had not been at the same table in the past. That the issue of police integrity attracts international concern was evidenced by attendance at the symposium of representatives from the United Kingdom, the Netherlands, Sweden, Belarus, Nicaragua, Haiti, El Salvador, and Honduras. During the 2 1/2 day meeting, participants and speakers agreed that understanding how to establish and maintain integrity was a common concern for law enforcement. Further, in his synthesis remarks, Mark Moore of the Kennedy School of Government, Harvard University, observed that the pursuit of integrity within one's profession is paramount to an individual's self-respect and true work satisfaction. There was also a clear understanding of the tragic consequences that would befall the profession, indeed our very democracy, if there was a serious erosion of integrity. What followed was an intense brainstorming session that allowed participants the opportunity to hear from one another and begin the dialogue toward finding more effective solutions. The general consensus following the symposium was that the discussion of police integrity has been broadened from a narrow focus on police officers' behavior and internal investigations of corruption to an understanding of the importance of other factors. These included leadership, command behavior, supervision, organizational structure, selection, hiring, training, the disciplinary system, the police subculture, community values, and political and economic conditions. Participants explored how these factors could affect behavior. They also recognized that the protection of civil liberties as prescribed by the U.S. Constitution is fundamental to guaranteeing the personal dignity of all people. Another example of the need to broaden the discussion of this issue was illustrated by the desire to learn more from those law enforcement organizations that historically have had little or no problem around the issues of integrity and ethics. These "healthy" organizations are quite numerous throughout the country, and there is much to be learned about why and how they have been able to maintain high standards. We can learn at least as much from examining what is right in police organizations as what is wrong in them. The presentations and small group working sessions that took place at this symposium generated many ideas and recommendations from participants. The results of these deliberations are presented and discussed in further detail in subsequent sections of this report. In the months following the symposium, we have worked with staff in analyzing this information to identify specific actions that our offices can initiate to continue the important momentum that began with this event. This COPS Office and NIJ joint action plan -- which is included in this report -- was submitted to the Attorney General for her review and approval. It represents the commitment of the U.S. Department of Justice to continue collaboration with the law enforcement profession in search of improved responses to the integrity issue. We both are proud to present this report. It represents the thinking that took place at the symposium, the ideas that were expressed, and the recommendations that were made. It is not meant to be a definitive analysis of the police integrity issue. Such analyses exist in the form of several publications that focus on particular elements of this issue (e.g., use of force). Rather, this report suggests a broader framework for how we should think about this issue in the future and what actions might be necessary on the basis of the scrutiny given it by symposium participants. We both are very satisfied with the progress to date. We are especially enthusiastic about and encouraged by the high levels of interest expressed by practitioners, researchers, and others concerned with law enforcement. More importantly, we are confident that the National Symposium on Police Integrity represents a profound new beginning toward a renewal of respect for the police and a new drive by law enforcement professionals to protect the personal dignity of both victims and offenders and the public trust of citizens. We encourage all members of the law enforcement community to continue their commitment to work on this critical issue at all levels of our profession and to consistently demonstrate a willingness to act decisively whenever necessary to enhance the level of integrity in our democracy. Joseph E. Brann, Director Office of Community Oriented Policing Services Jeremy Travis, Director National Institute of Justice ------------------------------ Acknowledgments Sheldon F. Greenberg, Ph.D., Associate Professor and Chair, Department of Interdisciplinary Programs, School of Continuing Studies, The Johns Hopkins University, Baltimore, Maryland, is to be commended for his many contributions to the National Symposium on Police Integrity and the proceedings of that meeting. He devoted many hours arranging the work group meeting that took place in Baltimore in March 1996 and lining up a trainer for the work group facilitators prior to the event. Most significantly, following the symposium, Dr. Greenberg summarized the intellectual and action-oriented themes of the symposium for final publication. Work Group In addition to COPS, NIJ, and other DOJ staff, special thanks is extended to the following members of the Police Integrity Work Group who were so instrumental in helping to plan the national symposium: Sheldon Krantz, Piper & Marbury L.L.P.; Mary Ann Wycoff, Police Executive Research Forum; Judge Milton Mollen, Graubard, Mollen & Miller; William K. Finney, Police Chief, Saint Paul, Minnesota; George Kelling, Professor, Rutgers University; Jimmy O'Keefe, Director of Training, New York City Police Department; Dave Williams, Assistant Chief, Portland Police Bureau; Michael Berkow, Police Chief, Coachella, California; Tom Koby, Police Chief, Boulder, Colorado; Jerry McElroy, Executive Director, New York City Criminal Justice Agency; Sheldon Greenberg, Chair, Department of Interdisciplinary Programs, The Johns Hopkins University; Elizabeth M. Watson, Police Chief, Austin, Texas; Gerald L. Williams, Executive Director, Bill Blackwood Law Enforcement Management Institute of Texas, Sam Houston State University; William A. Geller, Associate Director, Police Executive Research Forum; Frank Monastero (retired), U.S. Department of Justice, Drug Enforcement Administration; Mark Moore, Kennedy School of Government, Harvard University; Gilbert Gallegos, Fraternal Order of Police; Philip Arreola, Police Chief, Milwaukee, Wisconsin; Johnnie Johnson, Jr., Police Chief, Birmingham, Alabama; Mary F. Rabadeau, Chief, New Jersey Transit Police; Jerome A. Needle, International Association of Chiefs of Police; Jerome H. Skolnick, New York University; and Stephen Vicchio, Chair, Department of Philosophy, College of Notre Dame. Symposium Moderators The symposium sessions were moderated by Ellen Scrivner, Assistant Director, Training and Technical Assistance, COPS Office, and Sally T. Hillsman, Deputy Director, NIJ. Conference Facilitators and Recorders Small group discussions were an important part of the symposium. The following professionals participated as facilitators of the small groups: Steven Edwards, Social Science Program Manager, NIJ; Sam McQuade, Social Science Program Manager, NIJ; Sheldon Greenberg, Chair, Department of Interdisciplinary Programs, The Johns Hopkins University; Tom Potter, former Police Chief, Portland, Oregon; Marcia Chaiken, Director of Research, LINC, Alexandria, Virginia; David Hayeslip, Assistant Director, Policy Support, Program Development and Design, COPS Office; Gayle Fischer-Stewart, Consultant; Tom Koby, Police Chief, Boulder, Colorado; and Michael Berkow, Police Chief, Coachella, California. Recorders were assigned to work with each of the group facilitators to assist in documenting the ideas and recommendations that emanated from their work. The following staff provided this invaluable service: Tammy Rhinehart and Christine Whitledge of the COPS Office and Robert Kaminski, Jeffrey Ross, Stephanie Borque, Winnie Reed, and Richard Lewis of NIJ. Final Report Editing Special recognition and thanks to Jim Sweeney, Acting Assistant Director, Communications Division, COPS Office; Mary Graham, Publications Manager, NIJ; and Gayle Garmise, National Criminal Justice Reference Service editor. ------------------------------ Executive Summary I. Significance of the Event The National Symposium on Police Integrity, sponsored by the Office of Community Oriented Policing Services (COPS) and the National Institute of Justice (NIJ), was held July 14-16, 1996, in Washington, D.C. Some 200 participants represented a historic gathering of law enforcement executives, researchers, police officers, labor organizations, community and political leadership, and related disciplines. The purpose of the meeting was to provide a forum for discussion of a special set of policing issues that had been receiving extensive media attention. Incidents of major corruption, excessive use of force and brutality, and other forms of abuse in law enforcement agencies around the country had become prominent news items. These issues were not new ones for law enforcement. Nonetheless, law enforcement leaders and others perceived that new forms of old problems may be at the center of the issue. Therefore, it was time to examine them again and search for new solutions. The U.S. Department of Justice responded with the National Symposium on Police Integrity. A work group was convened in March 1996 to provide direction for an agenda. Perhaps the most important aspect of this work was selecting a title for the symposium since language often determines direction. Terms such as "officer discretion" and "police accountability" were considered. However, when the term "police integrity" was put forth, all members concurred that this was the most appropriate language for the issue at hand. A focus on "police integrity" opened a whole new domain. Although previous research, study, and experimentation had focused on critical issues such as corruption and excessive use of force, these approaches had, in fact, revolved around single dimensions. As a result, the solutions were constricted in that they were derived out of a need to control unwanted behaviors of individuals. In comparison, police integrity guided the focus to the broader domain of developing a healthy organization that would serve to reinforce and maintain the good character and constructive motivations of many of the individuals joining the ranks of law enforcement. The format of the national symposium consisted of two keynote addresses, a series of panel presentations by well-respected individuals speaking on behalf of the interests represented, small group discussions to explore more thoroughly the ideas presented, and a concluding synthesis by another well-known and highly qualified police policy researcher. Three Strategic Tracks Looking back at the process and outcomes of this national discussion, it was clear that three parallel tracks emerged: an intellectual domain, a personal consideration, and a set of actions representing a continuation of the symposium discussions. Mark Moore, Harvard University, described all three in his synthesis of the symposium. Intellectual. The focus on the intellectual domain broadened the conceptual thinking about this issue. It included identifying organizational, structural, and community considerations that were critical to establishing and maintaining healthy law enforcement organizations and that positively reinforced the qualities of its members. Personal. Mark Moore described the personal component of the deliberations in terms of the significance of police integrity for both leaders and police officers. An organization that has integrity gives members job satisfaction. Without that, the badge, so to speak, is tarnished, resulting in a sense of failure or loss. Actions. The small group discussions yielded a series of action steps that can be pursued to begin the process of seeking resolution for the issues brought to the table. The small group recommendations are summarized in Chapter 4. Finally, Attorney General Janet Reno's keynote address recognized that the work of the symposium should not be considered an end point but rather a beginning. She requested that a report be prepared that outlines an action plan to enable NIJ and COPS to continue the work suggested by the symposium participants. II. The NIJ/COPS Action Plan Following the national symposium, COPS and NIJ staff began to develop a plan for the upcoming year based on the ideas and recommendations developed during the symposium. The plan is designed to develop the issues as well as implement some of the small groups' recommendations. The objectives of the action plan are to structure future opportunities for expanded dialogue on critical integrity issues in venues closer to the State and local practitioner communities and to produce tangible and useful products for the law enforcement community. The basic elements of the action plan are as follows: o COPS issued a solicitation in November 1996 to establish several Regional Community Policing Institutes throughout the country primarily to deliver community policing training and technical assistance. All of these institutes will be encouraged to incorporate the subject of integrity and ethics into their curriculums, with one or more of these institutes developing a strong, programmatic emphasis on integrity and ethics issues. o COPS will include articles on community policing, integrity and ethics issues, and descriptions of model practices and programs in this area in bulletins for national dissemination. o NIJ awarded grants for research on police integrity based on priority topic areas identified at the national symposium. NIJ will continue to broaden its efforts in this area. The Office of Science and Technology (NIJ) has a similar commitment to focus on technology that may support the development of early warning tracking systems in the interest of prevention for police personnel. o Both COPS and NIJ are considering ways to initiate case studies of departments that have an excellent track record pertaining to integrity. The focus of these studies will be on departments that are fully implementing community policing and have successfully altered internal systems that have an effect on integrity as part of that process and on "healthy" police agencies that have a demonstrated history of high standards of integrity and ethics. Both offices are exploring ways to convene expert work groups to catalogue for dissemination state-of-the-art thinking on internal systems necessary for integrity maintenance. o COPS and NIJ will sponsor regional workshops to enable more State and local practitioners to become involved in constructive discussion relating to integrity issues. These regional workshops will resemble the structure of the national symposium. Practitioner participants will be provided all resources gathered to date and an opportunity to contribute their unique experiences and perceptions to the national discussion. o A number of the recommendations of the national symposium will be acted upon immediately in order to prepare for the regional workshops: Videotapes of symposium speakers will be duplicated; a workshop with representatives of police leadership/executive development programs and representatives of State training commissions will be conducted; a work group of representatives of other disciplines to identify working models of integrity maintenance will be convened; and copies of the national symposium report will be reproduced for distribution. o At the end of fiscal year 1997, a status report on the police integrity initiative will be prepared for the Attorney General. This report will document progress made on the preceding action plan, and it will address the remaining recommendations for future actions on the part of the U.S. Department of Justice. These additional recommendations will evolve from those presented at the national symposium and will be discussed further at the planned regional workshops during fiscal year 1997. III. A Summary of the Small Group Recommendations for Consideration Work groups were structured so participants could react to the symposium presentations. A trained facilitator was assigned to each group. Many of these issues have been analyzed by COPS and NIJ staff for immediate action and have been included in the action plan presented above that was approved by the Attorney General. The remaining recommendations will be discussed further and analyzed during the course of regional workshops scheduled for next year, and they will be presented as part of a future action plan in the second report submitted to the Attorney General in the fall of 1997. Small group discussions centered around the following principal symposium topics: o A general approach to the issue of integrity as presented by representatives of other disciplines and law enforcement executives. o The related issues of leaders, organizational structure, and the police subculture. o Police officers' perspectives. o Internal subsystems and external forces that had an impact on the behavior of law enforcement members. The proposals can be grouped as follows: Training and Training Materials o Convene a national workshop inviting representatives from the leading police executive leadership development programs throughout the country and representatives of State-level training commissions to discuss integrity and ethics in curriculums for greater effectiveness in training programs. o Develop a series of curriculum methodologies to infuse integrity across recruit, inservice, supervisory, and executive education and training programs. o Develop videotapes for police training programs of selected presentations from the national symposium. o Prepare a collection of curriculum outlines and lesson plans to establish a base of information on the nature of integrity-related training for national dissemination through the National Criminal Justice Reference Service (NCJRS). Research and Related Program Initiatives o Ensure that perspectives on integrity developed at the symposium are incorporated into existing and planned initiatives supported by NIJ and COPS. o Develop and implement a national "train the trainers" program to create a corps of instructors versed in the theory and practice of integrity and ethics to create consistency and quality in the instruction being provided to police personnel. o Assess entry-level screening and hiring processes to identify reliable predictors of ethical behavior. o Identify and/or develop new models of performance evaluation to enhance and encourage professional behavior. o Identify characteristics of officers, supervisors, and executives who have a proven track record of performance with integrity. Explore positive reinforcers of positive behavior and develop models. o Assess citizen oversight of police agencies. o Study the relationship between higher education and quality police service. o Study the handling of citizen complaints. o Study nonpunitive approaches to dealing with integrity violations that are not criminal acts. o Study police members who violated the public trust to identify causal factors and ways to prevent these actions on the part of other members. o Study supervisory training, preparation, and accountability practices for maintaining integrity for supervisors and their subordinates. o Develop tracking systems to monitor police members throughout their careers, including early warning systems, education, evaluations, recognition, and disciplinary actions to provide special assistance when it seems a problem may arise. o Study labor organizations, their perspectives on the issue, and their impact on police behavior. o Compare the perception of integrity and ethics among police members to citizens' perception of police performance. o Compare new recruits to experienced police members to determine why some succumb more readily to temptations. o Identify links between the police and the community that may either minimize the potential for violations or reinforce behavior in the interest of the public. o Study arbitration rulings to evaluate their impact on police behavior over time. o Study the correlation between psychological screening data and future violations of public trust to identify reliable predictors. o Study the estimated cost of integrity violations to the individual police officer, the agency, and the community. Dissemination of Model Program Elements o Design model subsystems, e.g., screening, hiring, training, performance evaluations, disciplinary programs, citizen complaint processing, and field training programs, to establish and maintain integrity within a law enforcement organization. o Establish a National Institute on Police Integrity and Ethics to provide a long-term, ongoing commitment to improving and maintaining integrity in public service. o Identify and collect model practices applied successfully in other disciplines to establish and maintain integrity. o Identify and collect model mission and values statements that support integrity development. o Identify and collect model media relations programs that have successfully focused the community on police integrity. o Identify and collect best practices designed specifically for small- to mid-sized law enforcement agencies that do not have staff dedicated to training, planning, or internal affairs units. o Identify and collect nontraditional employee recognition systems in law enforcement agencies and other professions. o Identify and collect models for educating elected officials on police integrity, the police subculture, and related issues. These programs may derive from professional associations and other disciplines. o Identify and collect model marketing strategies that have been implemented in large- and medium-sized law enforcement agencies. Continuing the Dialogue There were several recommendations related to continuing the dialogue initiated at the national symposium to further develop the issue and introduce new concepts or programs to establish and maintain integrity. They include the following: o Conduct a series of regional workshops with practitioners to provide an opportunity to share the developmental work that has occurred and to contribute to it. o Convene a work group consisting of representatives from law enforcement agencies, civil rights organizations, labor organizations, and civil rights enforcement agencies to examine the impact of external forces on police behavior and to generate common actions acceptable to all parties. o Convene a series of workshops on state-of-the-art thinking on specific issues such as internal auditing, recruitment and selection, performance evaluation, entry-level and inservice training, early warning systems, peer review systems, and internal affairs and citizen complaint processes. This would be a precursor to the specific research projects recommended under "Research and Related Program Initiatives." o 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. ------------------------------ Chapter 1 Introduction and Background The most essential element of a successful democratic government is freedom for all citizens to exercise their constitutional rights without fear or threat of endangerment. The basic mission of the American criminal justice system is to protect this freedom. The police, one of the foundations of the criminal justice system, must ensure the public trust if the system is to perform its mission to the fullest. Public trust can exist only when the police execute their duties with fairness, equity, professionalism, and rigor. A police service that performs in this manner also has integrity and honor. The U.S. Department of Justice (DOJ) is a primary protector of constitutional rights. The National Institute of Justice (NIJ) is DOJ's research arm, and the Office of Community Oriented Policing Services (COPS) is a DOJ mission-specific agency that is supporting the transformation of American policing. Recognizing the significance of police integrity to democratic government, these agencies combined efforts to assemble dedicated law enforcement leaders, members, researchers, and other related professionals to review the state of integrity in America's law enforcement services and to formulate a national action agenda to maintain police integrity and to ensure the public trust. The National Symposium on Police Integrity took place in Washington, D.C., on July 14-16, 1996, to examine the issues of public trust, public perception, and police integrity. In the national law enforcement community, there has long been a consensus that questions about police integrity warrant a professional, collective response. Two hundred professionals -- including police administrators, DOJ officials, representatives from the international law enforcement community, social scientists, ethicists, members of various academic disciplines, police union officials, members of the judiciary, attorneys, students of criminal justice, and police officers from a variety of departments throughout the country -- came together for a critical discussion about police integrity in the United States. The objectives of the National Symposium on Police Integrity were to: o Examine the causes of and solutions to violations of public trust by police. o Understand the dynamics of police integrity. o Develop short- and long-term strategies to establish and maintain high standards of performance. o Recommend research topics to NIJ and the COPS Office. The larger national context in which the symposium took place includes a recent series of corruption investigations within the New York Police Department, the revealing testimony of Mark Fuhrman in the trial of O.J. Simpson, the events at Ruby Ridge and Waco, the beating of Rodney King, and the recent assault of immigrant laborers by law enforcement officers in Riverside, California. Embarrassing events involving smaller police departments in Citrus County, Florida; West Hampton, New York; Southgate, California; Anchorage, Alaska; and Chesapeake, Virginia, also have generated intense public scrutiny of police and sheriff's department officials and criminal justice organizations throughout the country. Are these incidents indicative of a crisis in integrity among American police officers? Are they symptomatic of a system that improperly selects and trains its officers? Are these episodes part of a larger cultural manifestation, a breakdown of moral sensibilities and standards? Is the appearance of increased violations of public trust simply the result of improved candor and diligence in investigating wrongdoing by police agencies, or does it reflect advancements in the ability of the media to instantly communicate events around the country and world? Whether or not there is a crisis in police integrity in the United States, it was evident to the symposium participants that both the public and police believe one exists. Study results vary considerably. Some recent research suggests that the public's trust in police officers is at an all-time low; other data conclude it is quite high. Planning for the Symposium In mid-March 1996 a special work group was assembled at The Johns Hopkins University in Baltimore to plan the July symposium. The work group included police executives, union representatives, researchers, and others who had made significant contributions to the study of police integrity. Based upon this meeting, staff designed the agenda for the symposium. The symposium agenda included two keynote addresses, five plenary sessions, and nine small-group discussions. Professor Stephen J. Vicchio, Department of Philosophy at the College of Notre Dame (Baltimore), gave a keynote address entitled "Integrity and Ethics: Definitions and Historical Perspective." U.S. Attorney General Janet Reno gave the second address, "Integrity and Ethics: A Federal Perspective." Professor Mark Moore, Kennedy School of Government at Harvard University, was invited to observe the symposium to assess the process and summarize final recommendations to NIJ, COPS, and DOJ for pursuing the national agenda to foster and maintain police integrity. The following presentations were selected for the five plenary sessions: o Interdisciplinary Panel on Integrity and Ethics. o Law Enforcement Executives on the Integrity and Ethics Challenges Facing the Profession. o The Impact of Police Culture, Leadership, and Organization on Integrity. o How To Effectively Cope With Influences in the Police Culture and Organization and in the Community. o The Impact of Internal and External Forces on Police Integrity. Symposium Objectives A primary objective of the symposium was to open channels of communication among police executives and other professionals, e.g., police union officials and law enforcement administrators, police and researchers, government leaders and academics, and the American Civil Liberties Union (ACLU) and law enforcement executives. It also involved enlisting those concerned about professional integrity in other contexts -- business, law, government, and the clergy -- and listening to practitioners in these fields discuss ethical issues and integrity problems endemic to their professions. At still other levels, channels of communication were opened between researchers and practitioners so the public's perception of the police might be measured against more empirical information about police integrity. A second objective of the symposium was to provide opportunities for law enforcement administrators and all other participants to communicate in structured work groups. These work groups succeeded in identifying critical needs and issues for which members had the gravest concerns. Identifying model practices, a third objective, drew responses from both the panel presenters and the work groups. The symposium provided opportunities for participants to talk about effective programs and strategies that foster police integrity. Pursuing a National Agenda The paramount goal of the symposium was to develop an agenda for fostering and maintaining police integrity. Mark Moore's synthesis, hundreds of pages of notes taken by recorders and participants, and approximately 100 hours of videotape and audiotape yielded essential components for an agenda on police integrity. This national agenda encompasses three primary areas: a future research agenda, model programs, and best practices. It became evident that police executives, researchers, and other criminal justice practitioners, led by NIJ and the COPS Office, need to commit to research in critical areas to provide a full understanding of the issue. Another element of the national agenda should be the cataloguing and dissemination of model practices and initiatives from around the country, combined with a continuing dialogue on police integrity in State, regional, and local jurisdictions. What has worked; what has not 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, in combination with effective investigative practices in preventing, identifying, and controlling corruption, have been shown over time to strengthen police integrity. Fundamental Questions Ultimately, the major thrust of a national agenda should focus on answering three profound and fundamental questions: o What is the relationship of democracy in the United States to the mission of police organizations? o What is the relationship of the Constitution to the police mission and, ultimately, our democracy? o What is the relationship between police integrity and community policing? The issue of protection of civil liberties was raised by one presenter. Through a poignant recounting of his experiences while a police officer, he conveyed to the audience how he came to understand that integrity and civil liberties protection were interconnected. Mark Moore expounded further on this fundamental issue to properly focus the questions. COPS and NIJ believe that an integral relationship exists between effective and creative community policing and police integrity; one cannot exist without the other. If the heart of community policing is the desire to make the police effective partners with communities in dealing with crime and violence, then building and sustaining these partnerships on mutual trust is critical to success. ------------------------------ Chapter 2 Keynote Addresses Ethics and Police Integrity: Some Definitions and Questions for Study Stephen J. Vicchio, Ph.D. The following keynote address was presented by Dr. Stephen J. Vicchio, professor of philosophy at the College of Notre Dame in Baltimore. Dr. Vicchio was asked to set the tone for the National Symposium on Police Integrity due, in part, to his role as a nationally renowned ethicist. He is part of the faculty in the Police Executive Leadership Program at The Johns Hopkins University, a lecturer to executives in police service and other professions, a member of the faculty of The Johns Hopkins School of Medicine, and an expert witness in the insanity defense. The success of any conference is contingent on setting clear goals, raising points for discussion, and establishing a framework for participants to accomplish their tasks. In his address, Dr. Vicchio spoke on three matters: development of a working definition of the concept of integrity, the latest social scientific findings on whether moral integrity can be taught, and the potential to measure integrity in various professions, including police service. Finally, Dr. Vicchio offered some general observations about the symposium's goals. ------------------------------ We should therefore examine whether we should act in this way or not, as not only now, but at all times. --Plato ------------------------------ If he really does not think there is no distinction between virtue and vice, why sir, when he leaves the house, let us count the spoons. --Samuel Johnson, Letters ------------------------------ There is an old saying that "philosophers bake no bread." What this expression is supposed to mean, I gather, is that philosophers spend a good deal of time minding other people's business while not spending nearly enough on their own. Working entirely in this spirit, the spirit of an interloper, in this paper I wish to talk about three issues -- issues vital to the success of this conference and, ultimately, to the success of police organizations throughout the country. First, I wish to sketch out in a brief way what I see as the component parts of the concept of integrity. Second, I would like to spend a little time exploring what the latest social scientific research and common sense have to say about whether integrity can be taught. And, finally, I will end with some observations on the question of whether integrity can be measured in professional contexts such as police work. At the very end, if I might be so bold, I will also make some general 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. In this section [Book II] of the Republic, Socrates discusses with his friend Glaucon what it means to act in a morally responsible way. Glaucon puts forth a theory that is not all that far from a general view of the issue that many hold in this country. In essence, Glaucon says that we do good because we risk punishment if we do wrong. Thus, we accept certain limitations on our freedom because we are afraid of being caught. So justice, in Glaucon's view, is a kind of arrangement (like traffic lights or stop signs) that is not intrinsically good or valuable but put into place to avoid harm. In the course of their discussion, Glaucon and Socrates allude to an old Greek story, "The Ring of Gyges." The wearer of the ring was rendered invisible, though he or she could still affect the material world as visible bodies do. In the course of the tale, the shepherd Gyges is given the ring, and he uses it without fear of reprisal. Indeed, he uses it to kill the king of Lydia and later to rape the queen. Glaucon argues that anyone in the shepherd's position would be foolish not to take full advantage of the power of the ring. In essence, it gives the wearer the ability to do wrong with impunity. Glaucon then goes on to suggest that justice is nothing more than a series of checks, a system of preventive devices. But if we possessed the ring of Gyges, there would be no good reason for doing the good. In the remainder of the Republic, Socrates attempts to counter Glaucon's view by suggesting that the citizens of a good society would act justly because they knew and appreciated the moral good and not merely because they were afraid of getting caught. There are several reasons why I begin with Plato's story. It is best, I think, to look at "The Ring of Gyges" as a cautionary tale, for it seems to me, for better or worse, the police officers in this country, at least when they are working on the street, often are possessors of the ring of Gyges. No supervision of police officers working with the public, no matter how thorough and conscientious, can keep bad cops from doing bad things. There simply are too many police officers and too few supervisors. Like it or not, the police in this country are possessors of the ring of Gyges. A second realization to be made from Plato's tale is that police departments in this country often operate as if Glaucon's view of justice is the proper one -- that we do the good out of fear, a level that developmental psychologists tell us is the lowest common denominator in the moral equation. If we put these two points together, that there will never be enough supervision to catch everyone and that good behavior on the job is motivated by fear, we should see that they are contradictory. If there is not enough supervision, then the bad cop will not be afraid. If we add a third element, that the bad cop always makes the news, then we have a recipe for disaster. Public Trust in the Police One of the major repercussions of the confluence of these three elements, (1) Glaucon's view of virtue, (2) there will never be enough supervisors to catch everyone, and (3) the bad cop always makes the news, is that we see over the past two decades in America an erosion of public confidence in public officials and their institutions. Consider, for example, the following tables of Americans' ratings of their confidence in various professionals. In this study 100 Americans were asked to rank the moral confidence/trust they have in the following professionals to do the right thing. (Position 1 is most trusted, position 12 is least trusted of those professions listed.) ------------------------------ 1980 1. pharmacist 2. clergy 3. firefighter 4. teacher 5. police officer 6. doctor 7. dentist 8. accountant 9. stock broker 10. lawyer 11. funeral director 12. politician 1995 1. firefighter 2. pharmacist 3. teacher 4. dentist 5. clergy 6. stock broker 7. doctor 8. accountant 9. funeral director 10. police officer 11. lawyer 12. politician ------------------------------ In this study, trust in police officers recorded the largest drop from 1980 to 1995 (5 spaces), followed by the clergy (3), doctors (1), and lawyers (1), though lawyers simply moved from 10th position to 11th. Another disturbing element to these findings is that although there was no significant difference between men and women respondents, there was a very big difference between African-American and white respondents. Among blacks, "police officer" had the 9th position in 1980 and the 11th position in 1995, just ahead of "politician." One major conclusion we can make from this study and from other like studies from around the country is that the public thinks police departments have an integrity problem, even if the police themselves do not. What complicates this issue still further is that in departments where corruption appears to be low and where citizen complaints are minimal, we assume that our officers on the job are people of integrity. Sometimes this is a faulty assumption, particularly if the motivation to do the right thing comes from fear of punishment. Often in professional contexts in this country we think of integrity as our ability to refrain from certain activities. But, clearly, if the concept is to mean something more than what Glaucon suggests, it must involve higher levels of thinking and feeling on the part of police officers. If we believe that community policing is the most effective way to protect and to serve the public, and then we put officers who operate from the fear of punishment in more direct contact with the community, then the community will not find officers of integrity but, rather, people who know the rules and regulations and keep them simply because they are afraid of getting caught. If this conference has some major goals, it seems to me, they should include these: How do we define integrity? How do we identify it in police officers? How do we make sure that the police officers we involve in community policing efforts are people of character and integrity? If we do not answer these core questions, then a conference like this is useless, indeed perhaps worse than useless, because we have pretended to get something done. Pretending to get something done in any profession is always dangerous. Let us then try to make some headway in our first question: What do we mean by the concept of integrity? The Concept of Integrity The first thing to say about the concept of integrity is that we often use organic or spatial metaphors to explain it. This, of course, hints at the etymological origins of the word integritas, "whole or complete." But when we go beyond the metaphors, it is not so easy to articulate what we mean when we say that a person possesses integrity. Martin Benjamin, in a helpful book called Splitting the Difference: Compromise and Integrity in Ethics and Politics, identifies five psychological types lacking in integrity. The first he calls the moral chameleon. Benjamin describes the type this way: "Anxious to accommodate others and temperamentally indisposed to moral controversy and disagreement, the moral chameleon is quick to modify or abandon previously avowed principles.... Apart from a commitment to accommodation, the moral chameleon has little in the way of core values.... The moral chameleon bears careful watching. If placed in a situation where retaining her principles requires resisting social pressure, she is likely to betray others as she betrays herself." Benjamin's second type, the moral opportunist, is similar to the moral chameleon in that his values are ever-changing. But where the moral chameleon tries to avoid conflict, the moral opportunist places primary value on his own short-term self-interest. While the moral chameleon's motto might be "above all, get along," the moral opportunist's is "above all, get ahead." The moral hypocrite is a third type lacking in integrity. "The hypocrite," writes Gabriele Taylor, "pretends to live by certain standards when in fact he does not." The hypocrite has one set of virtues for public consumption, and another set he actually has as a moral code. The lack of integrity comes in that the hypocrite pretends that the code is different than what it actually is. Benjamin's fourth type, the morally weak-willed, has a reasonably coherent set of core virtues, but they usually lack the courage to act on them. They are unlike the moral chameleon in that they know what the good is, they simply lack the courage to do it. Benjamin's final type, the moral self-deceivers, have at their core a basic contradiction. They think of themselves as acting on a set of core principles, while in fact they do not. To resolve this conflict, and at the same time to preserve their idealized view of themselves, they deceive themselves about what they are doing. By looking at these five types, we immediately see what integrity does not look like. But if we look a little closer, we also may get some hints about a proper understanding of the concept. First, a person of integrity has a reasonably coherent and relatively stable set of core moral virtues. And second, the person's acts and speech tend to reflect those principles. Individual integrity, then, requires that one's words and actions should be of a piece, and they should reflect a set of core virtues to which one is freely and genuinely committed. But what ought these virtues to be? The answer to that question may differ in different professional contexts, but integrity in the context of police work should amount to the sum of the virtues required to bring about the general goals of protection and service to the public. In short, professional virtue should always bring about the moral goals of the professional organization in question. A list of the virtues of a good cop, then, ought to tell us something important about why police departments exist. Professional integrity, then, in any professional context, is the integrated collection of virtues that brings about the goals of the profession. Presumably, in police organizations those major goals are connected to protection of and service to the public. A List of Core Virtues Lists of professional virtues are difficult, if not foolish, to compose, particularly if an interloper is doing the compiling. The following list is, of course, by no means complete. Rather, I consider it to be essential to the purposes of police organizations. These virtues, in other words, must be required by police officers if the goals of the organization are to be met. These virtues are not listed here in any order. o Prudence. Practical wisdom, the virtue of deliberation and discernment. The ability to unscramble apparent conflicts between virtues while deciding what action (or refraining from action) is best in a given situation. o Trust. This virtue is entailed by the three primary relationships of the police officer: the citizen-officer relationship, the officer-officer relationship, and the officer-supervisor relationship. Trust ought to engender loyalty and truthfulness in these three contexts. o Effacement of self-interests. Given the "exploitability" of citizens, self-effacement is important. Without it, citizens can become a means to advance the police officer's power, prestige, or profit, or a means for advancing goals of the department other than those to protect and to serve. o Courage. As Aristotle suggests, this virtue is a golden mean between two extremes: cowardice and foolhardiness. There are many professions -- surgery and police work, to name two -- where the difference between courage and foolhardiness is extremely important. o Intellectual honesty. Acknowledging when one does not know something and being humble enough to admit ignorance is an important virtue in any professional context. The lack of this virtue in police work can be very dangerous. o Justice. We normally think of justice as giving the individual what he or she is due. But taking the virtue of justice in a police context sometimes requires the removal of justice's blindfold and adjusting what is owed to a particular citizen, even when those needs do not fit the definition of what is strictly owed. o Responsibility. Again, Aristotle suggests that a person who exhibits responsibility is one who intends to do the right thing, has a clear understanding of what the right thing is, and is fully cognizant of other alternatives that might be taken. More importantly, a person of integrity is one who does not attempt to evade responsibility by finding excuses for poor performance or bad judgment. At a minimum, then, these seven virtues are required for integrity because they are required as well by the general goals of police organizations. There are probably other virtues I have missed, but most others will be variants of these seven. In short, a police officer who exhibits integrity is a person who has successfully integrated these seven virtues so that they become a whole greater than the parts. The police officer of integrity habitually will exhibit traits of character that make clear the goals of protection and service. In The Johns Hopkins Police Executive Leadership Program, we are planning a study that will attempt to identify exemplary police officers. We hope to determine whether the virtues we have listed above, as well as some others, are consistently found among the best of our police officers. Additionally, we hope to analyze the relationship of these virtues to performance evaluations, commendations, citizen complaints, and other variables and also to ask them for practical advice about how and why they have remained good cops. Can Integrity Be Taught? Needless to say, this is a second important question that should be at the top of our research agenda. If one looks at what evidence is now available from social scientific literature, the answer to our question seems to be "yes" and "no." Since most researchers agree that the practice of virtue -- the component parts of integrity -- is a habitual activity, it must be learned and reinforced. Other evidence suggests that the most effective time to teach virtue is early on, so the "yes" part of our answer is that children in stable, loving homes who regularly have the requisite virtues modeled for them are the most successful people at developing a track record for integrity. The "no" part of the answer comes with the realization that most evidence about problems with integrity suggest that they, too, are habitual problems. By and large, people who habitually have trouble in school with behavioral problems become adults who have the same problems. This is not to say that people's behaviors cannot change. But change always comes when the person has a clear goal and incentive for changing. The fear of punishment has rarely been enough to change habitual behavior. These findings clearly should have some important ramifications for the way we go about recruiting and testing police officers. Testing instruments need to be better than they are now. Longitudinal studies need to be completed that show us how well we have done in the past and the present in recruiting people who will grow to be police officers of integrity. This is one of the goals of the Hopkins study I alluded to earlier. One other area of inquiry worth pursuing is to track the relationship of the kind and extent of ethics training in police academies to the performance of those recruits as police officers. My initial sense is that the more extensive the training, the clearer the effect will be, though the social scientific evidence on the relationship of academic ethics training and moral behavior, at least at this point, is ambiguous. One element about academy ethics training is clear: if it is to be effective, it needs to be rigorous and it needs to emphasize critical thinking skills, reasoning skills, reasoning ability, and problem-solving techniques. In short, it needs to be the right blend of the theoretical and the practical. Can Integrity Be Measured? The answer to this question in the general area of professional activity is that we do not know. If we measure police integrity the way State medical organizations measure the integrity of physicians or the way State judicial review boards measure the integrity of lawyers, we will not be successful. Historically, these organizations try to determine what their members have been successful in avoiding. Integrity in these contexts is seen as not leaving a sponge in a patient's abdominal cavity or not having conflicts of interest. In short, these governing bodies look to see if the doctor or lawyer has followed the rules and regulations and has avoided doing wrong. But avoiding wrong behavior is not the same as having integrity, any more than simply avoiding bad notes will get a singer to Carnegie Hall. If we are to be successful in measuring police integrity, we must find measuring tools that not only enable us to determine that police officers effectively avoid certain behaviors but that they also regularly practice prudence, courage, justice, honesty, trust, self-effacement, and responsibility. One way to begin this task is first to refine the definition and identification of the virtues that go into making a police officer of integrity. If we have missed the boat in identifying what we see as the core virtues, we will know soon enough. A second item that must be put on our list of things to do is the development of an agenda -- a national mission statement, if you will -- that says in a broad way what the moral purposes are of police organizations. All definitions of virtue and integrity, Aristotle forcefully argues, only make sense in the context of what he calls telos, the larger reason or purpose in which those virtues are placed. What we want a department to be ultimately should tell us a great deal about what we want our officers to do. If we are going to think of ourselves as a profession, then we must assume the level of responsibility that a professional life entails. The profession ought to require more from its members than we expect from the general population. ------------------------------ Integrity and Ethics: A Federal Perspective Janet Reno, Attorney General of the United States Attorney General Janet Reno was called upon to set the tone for the symposium and discuss potential outcomes. Since her appointment as Attorney General of the United States and in her prior role as a prosecutor, she has expressed continued concern about and interest in improving police integrity at the Federal, State, and local levels. Attorney General Reno focused all participants on the task at hand: "The public trust is something that all of us hold sacred; you wouldn't be here otherwise." She challenged participants to go beyond the norm in pursuing integrity and quality service to communities: "You can set the high standards, you can set the policies, you can set performance standards, but it is following up to make sure that those standards are met and that those policies are carried out that is important." She urged the police profession to learn from other fields and from colleagues in other countries. She encouraged more open dialogue on a subject that has traditionally remained behind closed doors. She asked symposium participants to provide her with a viable agenda through which the Department of Justice can support a nationwide effort to improve and maintain police integrity. ------------------------------ I am delighted to be here today because as I look out on the audience, I see old friends and people that I have met since I came to Washington 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 see a police chief and the sheriff and to understand how a system worked. But now I've just discovered that I have inherited a lot more communities, and the diversity and strength of them is exciting to behold. The public trust is something that all of us hold sacred; you wouldn't be here otherwise. And, fortunately, most of the men and women in law enforcement throughout this country hold it sacred. They are honest; they are hard-working, wonderful public servants who approach their roles with integrity and with respect. And we need to identify those officers, the best examples, and figure out how we replicate their actions across the face of America. I have said on so many occasions that being a police officer is probably the single hardest job I know. I just heard a very experienced assistant United States attorney on detail to Washington describe how she had to go testify in court the other day. And she said, "This was really my first experience. Now I have a whole new regard for agents and police officers who a year later have to testify as to what happened and have to recall and have to be subject to cross-examination." And you think of the role of the police officer -- the truth teller, having to be able to testify to the truth day in and day out after having had to calm an angry crowd, perhaps in an emergency without even a backup, having to make legal decisions without having gone to law school, without having a law library at their back. What we ask of police officers is more, really, than we ask of most professions, and we ask them to perform under the most difficult of circumstances. And so I think we should recognize how important this symposium is as a means of providing education, training, and information so that all police officers can benefit. But as we recognize that most in law enforcement are dedicated, honest public servants, we also recognize there are some who do not uphold those standards. There are some who are just plain bad people, but there are bad lawyers and bad doctors. I've often wondered why it was the bad police officer who caught the attention of the public more so. I think it's because there is probably no such expectation. They believe so in their police officer. They want to believe in their officer. That officer has protected them perhaps on another occasion. And then to have that officer disillusion them is something that they did not expect. That they did not anticipate it makes it all the more important. It's really exciting -- particularly as police around the country are focusing on community policing, focusing on the neighborhood, involving the neighborhood -- to walk through a neighborhood and have the neighbors tell me how much that police officer means to them, that 3 years ago they could not walk out from behind their doors because they were afraid, and now they can come out. Their number one issue now is not the drive-by shooting. That was the issue 3 years ago. Now, it's graffiti in the neighborhood, the overgrown lot, and what they are going to do about some vandalism. It is so exciting to see police officers on the cutting edge, bringing America's communities together. But as so many wonderful police officers do that, there is disillusionment thrown in, and that's why your work here today is so important. The Federal agencies have heard this before -- it hurt me to see the Feds come to town and say, "We're going to conduct this investigation. We're going to go after this. We're going to go do this." And then there might be a Federal police shooting, and they'd say, "You stay away, you can't have anything to do with this. This is our problem." We want to be in this with you together, working together as a team to develop the best training mechanisms applicable to Federal, State, and local agencies, to develop the best mechanism for ensuring integrity. We want to learn from you what we can do better at the Federal level. It makes no sense for the Federal government to come to town and say, "Your jails can only have a certain population," and not have the same standards apply to us. Or have the Civil Rights Division come to town and say, "Your officers must do x, y, and z," and not be able to pass muster at the Federal level. So we expect to adhere to the same high standards, and we can and will learn so much from State and local law enforcement officers who are on the front line in so many different issues that face this Nation. We have taken steps at the Federal level to ensure that our agencies function at the highest level of effectiveness. We put into process a means of assessing and reinforcing integrity in every Federal unit. Furthermore, the Department of Justice will conduct policy and procedure reviews for specific areas such as multijurisdictional task forces. In reviewing the many topics which you will be discussing throughout the symposium, it is evident that you have made a connection between the high standards of performance and sound policies and procedures. But there is more to it than just that, and from what I've heard at the conference today, you are bringing out some of these examples. You can set the high standards, you can set the policies, you can set performance standards, but it is following up to make sure that those standards are met and that those policies are carried out that is important. In some instances, I have seen wonderful policies announced, and nobody followed up, really, to see that they were implemented. Nobody took an independent look at an investigation conducted by an internal review unit to see whether the policies were really adhered to or to see what could be learned from the investigation to improve our training or prevent the problems. And so I will be anxious to hear, to listen, to learn what you develop as a means of providing a check and balance on our whole process. Our goals for the Department of Justice include -- as Jeremy [Travis, Director of the National Institute of Justice] has pointed out -- improving cooperation and communication among all agencies. When I came to town, there were different policies and procedures with respect to the different Justice Department agencies, and certainly with respect to Treasury agencies, and I asked, "Why?" It seems to me, if one policy applies one place it should apply in the other. And so we've been in the process of reviewing those in a cooperative effort through the Office of Investigative Agency Policy. This compels all of the Justice Department law enforcement agencies to come up with uniform standard policies and procedures, recognizing that there are certain exceptions, such as in the Bureau of Prisons. There may be different standards with respect to the unjustified use of force that we take into consideration but do so in a mutual way that recognizes the mission of each agency and produces a standard -- the highest standard possible. We want to continue, as I had mentioned, to reach out to State and local law enforcement, to learn from you, to benefit from your experience, to find out what we can do better at the Federal level -- what we can do better in terms of our responsibilities in investigating State and local law enforcement and how can we exchange information with you. It's frustrating to me to see an investigation conducted without somebody going back and looking at it after the investigation is over. Maybe after we've obtained the conviction, we can sit down with the local police agency and say, this is how it happened. You can trace this cop from the time he was honest. Then, he got in with this crowd; his sergeant wasn't very strong; his sergeant didn't pay any attention; he got in with these guys who came into the field without adequate field training. And looking at the scenario, you can see you could have anticipated the events and see what was going to happen. We really need to look at these cases, and learn from past experience, and understand how things happen and how people get into this situation. We want to establish the highest possible performance standards, both organizational and individual. I think one of my great frustrations is to see the different Federal agencies scattered across the country -- 94 U.S. attorneys; the FBI [Federal Bureau of Investigation] organized in one way; the DEA [Drug Enforcement Administration] organized in different regions in another way; a marshal in each of the 94 Federal districts; INS [Immigration and Naturalization Service] broken down into border control, investigative officers, and inspectors. Just trying to make the whole operation function according to each agency's mission, but at the same time according to the highest possible national standards, is very important to me. This past Thursday I flew to the New Mexico border. I stopped in Las Cruces and talked with Sheriff Clay and Chief of Police Hampton, getting from them a flavor of what we needed to back them up and what we needed to do to support Federal law enforcement along that border. What impresses you as you go down the border is that the problem is different at each part of the border. So we've got to recognize the uniqueness of situations and recognize that we can learn from local law enforcement in addressing these unique situations. I think the single most important thing we can do, certainly at the Federal level, is to develop the highest possible training capacity, and I am committed to doing that. We have brought, for example, a significant number of new border patrol agents on board. My message from the beginning has been that we will not bring those agents on without ensuring proper training. We will not cut corners. We cannot, because of the crisis on the border, minimize what we are doing in terms of training. I need your support for that effort because there is a loud voice heard that says we need more border patrol agents. They've just asked for 700. We need 1,500. And I need State and local law enforcement to explain that we may be able to provide instructors and provide training. But then we pull experienced officers from the border to do the training, and we weaken the border and the field training on the border as we train agents in the academy. It is so important to emphasize to the funders of these operations that training doesn't stop at the academy -- that some of the best training in the world, some of the best integrity in the world, is learned from that field-training officer on the street, on the border, or wherever you go. And so, as we develop law enforcement efforts, it is important that we develop a coherent plan of training not just at the academy but in the field and in continuing education, which I consider so important. I think it is important that we look at patterns of misconduct to see what we can learn from them, to share this information with each other to better understand what's happening and take steps to analyze our problems and see what could have been done to prevent them. As we consider all of these issues, I believe that we should consider the other disciplines. What can other disciplines offer us? What has the legal profession learned? What has the medical profession learned? What can we do to learn from other disciplines? What steps can we take to ensure the highest standards of professionalism? How can we form partnerships with our international neighbors who are similarly attempting to ensure integrity within their own public service? I am delighted that we have representatives from other nations here because I recognize that in this next century law enforcement at almost all levels is going to be international. A sheriff in a remote rural county may well have a bank that is the subject of a hacker's attempt from across the ocean. With modern technology and with modern transportation, we must join forces around the world -- with our colleagues -- to develop the highest possible standards and to exchange information about what is working and what is not working. We have a special responsibility to reach out to developing nations to help them in training and to establish standards. As we try to do that, the headlines on CNN [Cable News Network] about some officer who did not live up to our standards attracts more attention than the wonderful work being done by our representatives who are reaching out to others. It is so important to listen, it is so important to hear, but it is also important to realize that we can train an awful lot of people to police the right way. I have a favorite theory. I think about 10 percent of the people, if that many, may be just plain bad. But most people in the world want to do the right thing. Another 10-15 percent probably don't know how. We can help them do it and teach them how to do it. Another 10-15 percent are probably just too lazy, and we can motivate them. But there is a wonderful core of people who can, if we involve them in our training efforts, contribute to our efforts to ensure the highest possible standards. I am going to look for your report. I am going to follow the work here closely. Both Jeremy [Travis] and Joe Brann [Director, Office of Community Oriented Policing Services] will keep me briefed. I am very anxious to see the final product that comes out of this symposium, and, most of all, I want to see it put into effect. It used to bother me when I would come to Washington at the invitation of the Federal government or some other agency to talk about something and then see the report on my shelf. I'd read it and try to implement it. But I didn't see much being done with it. As Attorney General, I'm going to make sure that I do something with this report because just looking at the people who are in this room today, it's going to be a good one. Thank you. ------------------------------ Chapter 3 Plenary Sessions Introduction Five moderators and 27 speakers were invited to present their views during the plenary sessions. Each person was allowed 20 minutes to speak. Although audience members could ask the panelists questions, most questions were posed during the nine work group sessions. This section presents an overview of the key points made by the speakers during the five plenary sessions. ------------------------------ First Plenary Session Interdisciplinary Panel on Integrity and Ethics This panel enabled experts from other disciplines to describe the nature of integrity issues and suggest solutions in their respective professions. Moderator: Tom Potter, Consultant, Portland, Oregon Participants: John Feerick, Dean, Fordham University School of Law Ray Kemp, Woodstock Theological Center, Georgetown University Kurt Schmoke, Mayor, Baltimore, Maryland Winthrop Swenson, Managing Director, Business Ethics Service Group, KPMG Peat Marwick ------------------------------ "Attorneys have multidrives which are at times misunderstood by the public." --John Feerick ------------------------------ As the first speaker, John Feerick explained in detail the restraints imposed on the behavior of attorneys by the adversary system: the duty the lawyer has to keep the client's concerns and interests confidential and to zealously advocate the client's position, even when the attorney feels the client may be acting unjustly. He suggested that what lies beneath these obligations is the belief that in an adversary system the truth will emerge and justice will be done. He also pointed out the dual roles the attorney often plays in the American system of jurisprudence: the role as officer of the court and the role as zealous advocate for the client. In addition to these sometimes conflicting roles, the American attorney also serves as an agent, not as a principal, often adding to the complexity of the job. Additionally, the lawyer works as a businessperson. The need to make a living often puts pressure on the lawyer to act in his or her own self-interest as well as the interest of the client. Much of the bad public perception of the moral character of attorneys comes from a failure to understand the American lawyer's different and sometimes conflicting roles. A third area covered by Mr. Feerick involved the roles American law schools, and the American legal community in general, are playing to change the perceptions the public often has of the legal profession and its practitioners. American law school classes on the institution of legal ethics and efforts by the courts and local and national bar associations are under way to sharpen the moral consciousness of attorneys and emphasize the importance of a moral dialogue between lawyers and their clients, not to speak of the commitment to pro bono work by lawyers throughout the United States. ------------------------------ "Professionalism must include care and concern for each member and a willingness to be open to scrutiny by the public served." --Father Ray Kemp ------------------------------ The common concerns shared by the police and members of the clergy were addressed by Father Ray Kemp. The principal and overarching concern, he argued, is the dedication to the securing of the common good. He cautioned that the clergy's understanding of their role in this goal must begin with a sense of their own vulnerability and weakness. The church has become more open in admitting that priests are subject to the same weaknesses and temptations as everyone else. The enormous morale problem of the prosecution of priests charged with pedophilia and sexual abuse is not an easy issue to discuss, analyze, or prevent. Father Kemp encouraged each participant in the symposium to draw a mental picture of what the larger society ought to be, a society where people are in right relation to one another. This vision of the common good ought to be the basis for this society. He explained that those who attempt to bring people to right relations must be committed to justice themselves. They must be held to a greater standard of decency because they stand at the intersection of good and evil. In this vision of right relations, said Father Kemp, freedom and responsibility must be seen as complementary. Experience has taught people that two areas of professional activity now demand constant attention: (1) the care and feeding of the professional person, and (2) an openness to continued scrutiny by the public. Father Kemp described several needs for today's clerical training: annual evaluations, clear promotional criteria, help in planning for retirement, and the necessity of ongoing training and mentorship beyond seminary or theological instruction. This training should include real cases of ethical dilemmas that commonly confront the contemporary cleric. Regarding openness to scrutiny by the public, Father Kemp said secrets that have potential for disaster must come to the surface promptly and in a helpful environment. Rules and expectations must be clear and realistic. The whistle-blower must be tolerated and supported not as an informant but as one who has the best interest of the organization at heart. ------------------------------ "One key issue for ethical government is leadership by example." --Mayor Kurt Schmoke ------------------------------ Maintaining integrity in local government is a challenge faced by Mayor Kurt Schmoke every day. He outlined four key elements in the city of Baltimore's ethics program. First, there must be leadership by example -- setting an ethical tone for the organization. Values must be discussed openly and often with cabinet members and the public. Issues must be dealt with forthrightly, even when they may be embarrassing. The second element of the program is a code of conduct with clear expectations, written in concise and easily understood language. The third element Mayor Schmoke discussed is an independent body to ensure the code of conduct is implemented. A group of citizens make up a board of ethics. The board meets regularly and makes ongoing recommendations to the mayor. The final element in Baltimore's ethics program is training. Mayor Schmoke said training is ongoing and is often conducted in partnership with the Civil Service Commission. During the second half of his talk, Mayor Schmoke explored how these four elements apply to the police department. The mayor spoke of the importance of keeping the police separate from political interference. He cited three specific areas: political meddling in emotionally charged or high-profile cases, endorsements of political candidates by the police chief, and union endorsement of political candidates. ------------------------------ "Clear standards and procedures tend to curtail unethical behavior and corruption." --Winthrop Swenson ------------------------------ For the past two decades, according to Winthrop Swenson, ethics has been a topic of significant debate within the business community. He cited a 1980 study, conducted by Fortune magazine, of the 800 largest companies in America. The study covered corporate corruption in five areas, and it revealed that 11 percent of these top companies had committed blatant ethical offenses. Many of these companies were multiple offenders. Among the results of this widespread lack of integrity by American corporations, said Mr. Swenson, was the creation of the U.S. Sentencing Commission by Congress. The Commission was charged with writing laws and rules for Federal judges in sentencing corporate criminal defendants. In 1991 the Commission released the Corruption and Crime Sentencing Guidelines. Mr. Swenson explained that the guidelines are based on the "spectrum approach." Members of the Commission divided offending companies according to the corporate cultures they exhibited prior to the infraction. Significant punishments were attached to companies with weak compliance and internal systems for control of unethical behavior. Less severe punishments were imposed on companies that had a history of good compliance and demonstrated systems to control corruption and unethical behavior. From the experience of dealing with these companies, said Mr. Swenson, the Sentencing Commission developed the following seven-step program to promote and encourage ethical behavior in organizations: 1. Develop standards and procedures that can be reasonably expected to curtail unethical behavior and corruption. 2. Institute oversight by high-level personnel. 3. Take care in delegating authority. 4. Effectively communicate standards and procedures. 5. Develop reasonable steps (auditing, monitoring, and hotlines) to ensure employees are meeting these standards. 6. Use appropriate discipline. 7. Learn from mistakes made in the organization. Two major problems have been found in implementing this seven-step program in various companies. First, Mr. Swenson elaborated, some companies take too narrow an approach to compliance and ethics issues. These organizations take a "check the box" approach to the seven-step program, and they have been generally less successful than others. Second, some of the companies take a legalistic or control-oriented approach. This misses some of the fundamental drivers of corporate misconduct: no upstream communication, unrealistic goals and expectations of employees, and use of untrained staff to teach ethics and compliance. This creates inservice education programs that are incomprehensible to employees. Generally, though, the seven-step program has proven successful and has had a positive effect on internal and external integrity. A similar kind of moral audit, Mr. Swenson concluded, may have merit for police organizations. ------------------------------ Second Plenary Session Law Enforcement Executives on the Integrity and Ethics Challenges Facing the Profession This session allowed selected law enforcement executives an opportunity to recount their experiences and share their best advice. Moderator: Gerald Williams, Director, Bill Blackwood Law Enforcement Management Institute, Sam Houston State University Panelists: Lee Brown, Professor of Sociology, Rice University Dan Corsentino, Sheriff, Pueblo County, Colorado Edward Flynn, Chief of Police, Chelsea, Massachusetts Howard Safir, Police Commissioner, New York, New York David Walchak, Chief of Police, Concord, New Hampshire Elizabeth Watson, Chief of Police, Austin, Texas ------------------------------ "Selection and training must be conducted in the spirit of service, not adventure, if we are to ensure police officers who are motivated to serve the public." --Dr. Lee Brown ------------------------------ Dr. Lee Brown has served as the chief executive officer of several major police agencies. He noted that the conference theme could be taken from the daily headlines of many American newspapers. Abuses by police officers appear to be a regular subject in American media. Dr. Brown offered a prescription for change: "If, in law enforcement, we are to rid ourselves of the specter of wrongdoing, we must fundamentally change the police culture." "The leadership of a police organization," Dr. Brown said, "ultimately will determine the character of the organization." Line officers must know and understand the core values of their organizations, and beyond that the department must be willing to stand by officers who foster those values. All police agencies should have a written code of ethics. It should appeal to common sense and be easily understood by those required to live by it. These values must become the guide for police officers so they can judge right from wrong and acceptable from unacceptable behavior. They must understand that their mission is to protect the constitutional rights of each citizen, regardless of race, creed, color, sexual preference, or gender. Police executives, Dr. Brown maintained, must understand the true meaning of accountability to the community. The community must be regarded with respect, and the police must see citizens as partners. Therefore, the question is, "How can we select officers to ensure their commitment to serving citizens and protecting civil liberties?" Dr. Brown made a strong recommendation: Police officers must be selected and hired in a spirit of service, not adventure. Only then can a department ensure that its officers will be motivated to solve problems and not be motivated by a need to exhibit strength, force, and machismo. Finally, it is critical that police leaders judge their own behavior on the following basis: "Do my actions have the `appearance' of impropriety," rather than "Have I violated the law?" Perception of impropriety, which is the Washington Post test, is as important as actual impropriety and should be considered in that light. Service then should be the acid test for both the chief executive and the police officer. Then and only then, said Dr. Brown, will the public be truly served. ------------------------------ "All bad ethical choices are the result of cultural conditioning, character conditioning, and ineffective internal systems, such as training or poor quality control." --Sheriff Dan Corsentino ------------------------------ Sheriff Dan Corsentino began his talk with a short history of the county he now serves. During the several years before he was elected, four consecutive sheriffs had been indicted on felony charges. This corruption affected all levels of the department and led to an annual attrition rate of 20 percent. Citizens did not call for service because they were not confident that deputies would "do the right thing." "I hear, see, and say nothing," was the rule among citizens. Good deputies began to wonder why they should maintain their integrity. The entire department lacked self-confidence and direction. Sheriff Corsentino then discussed the three major steps undertaken to correct the situation and regain respect for the sheriff's department. First, the department instituted a plan to enhance recruitment. Second, a three-tier ethics training program was started. Third, internal systems and quality control measures were improved. The department's ethics program, explained Sheriff Corsentino, consists of training at the academy level as well as at the middle management and executive officer levels. All bad ethical choices are the result of cultural conditioning, character conditioning, poor systems and training, or poor quality control. These root causes are discussed at all levels of the ethics training program. The sheriff's department, Sheriff Corsentino concluded, also changed the role of the Internal Affairs Division from not only detecting infractions but also identifying the root causes of those infractions. ------------------------------ "Police chiefs are better equipped to face integrity issues if they take the time to remember their own experiences as young officers." --Chief Edward Flynn ------------------------------ When police executives are deciding how to judge the behavior of police officers, Chief Edward Flynn stated, they must reflect on their own experiences as officers. A police chief must recall what it was like to be a young 22-year-old officer confronting a situation in which he was highly vulnerable. Often in such a situation, an officer is rescued by fellow officers. It is no mystery that at that moment, officers experience loyalty to another officer, a feeling of separation from the community and management, and a need to maintain a cloak of secrecy. In reality, police officers are given little guidance as to how to behave in situations that are morally ambiguous. Police executives are not quick to offer "life rings" to officers -- too often it is fellow officers who do. The police profession does not attract people who want to commit acts of brutality, Chief Flynn said. In reality, the police profession attracts individuals who are seeking moral clarity and who have a strong desire to correct the wrongs of society. It is the responsibility of police executives to take advantage of this situation and create an environment in which young, morally strong officers can actualize their idealism. These new officers are virtuous and have a compelling desire to serve the public. Sometimes, because police chiefs forget their pasts, it almost appears as if they dislike officers. Yet, it must be noted that chiefs have to deal continuously with officers who have made serious mistakes. Executives must focus on building a bridge between themselves and those many officers who arrive in the department with a fine and worthy intent. Chief Flynn also appealed to NIJ and COPS to provide a forum in which police management and labor could come together and find a common ground -- a consensus that there will be a few officers who will never be able to fulfill the police mission and will need to be fired. Management and labor also must agree to support and retain good officers. At the present time, concluded Chief Flynn, police chiefs are at a serious disadvantage because the formal mechanisms of accountability are dysfunctional. "Ironically, as the public demands more police accountability, the system delivers less." Legislatures pass bills of rights for officers. Arbitrators and civil service commissioners routinely overturn the disciplinary decisions of chiefs. Meanwhile, those chiefs who insist on police accountability are vulnerable to union no-confidence votes and political reprisals. "Chiefs must be accountable for their departments, but their leadership cannot overcome the negative aspects of the police culture if they are the only ones held accountable." ------------------------------ "An untapped resource for promoting integrity is having cops who did get into trouble recount their experiences and what they learned to other cops." --Police Commissioner Howard Safir ------------------------------ A series of initiatives have been taken by the New York Police Department, Police Commissioner Howard Safir told the audience, to root out corruption in the ranks. In addition to raising the educational requirement for employment and instituting random integrity checks (over 500 of the department's 650 annual integrity checks are done randomly), clear expectations are provided to officers. Codes, said Commissioner Safir, should be clear and practical. Accountability must exist up and down the chain of command. Fear of getting caught is sometimes a useful motivation. One of the most effective untapped resources for fostering police integrity, Commissioner Safir explained, is the anecdotal stories of cops who have gotten in trouble -- cops talking to other cops about how and why they went bad and how the department responded. ------------------------------ "Perhaps the best administrative technique for controlling corruption is to stress individual accountability and to clearly fix responsibility. Failure to hold personnel accountable breeds corruption." --Chief David Walchak ------------------------------ A recent Gallup poll, said Chief David Walchak, shows that the police were held in high esteem by the public when compared to other professions. Other studies reveal the following: a 1991 study in one State found that the three major ethical problems for police officers are drug and alcohol abuse, lying to protect other officers, and conduct prejudicial to the department. In a 1994 study in another State of 861 officers, 26 percent had seen racial harassment on the job, 24 percent had seen abuses of stop-and-frisk procedures, 20 percent had seen more force used than necessary, and 6 percent had seen records falsified. Other findings, Chief Walchak continued, suggest that years of service are not associated with ethical infractions, college-educated officers are less likely to incur citizen complaints, and female officers are more likely to report unethical behavior than their male counterparts, regardless of rank. Chief Walchak proposed several suggestions, including enhancing recruitment and selection procedures, developing reward systems that reflect the goals of community policing, increasing the number of academy hours devoted to ethics training, promulgating a written set of departmental values, fostering discussions on the importance of proper off-duty behavior, and implementing early warning systems for identifying officers at risk. ------------------------------ "A major problem with police integrity is middle managers who do not understand or are unwilling to embrace the moral goals of the police department." --Chief Elizabeth Watson ------------------------------ The integrity problem, Chief Elizabeth Watson charged, is not with the line officer. It never has been and isn't today, she continued. The problem is that there is a void in leadership at every level. This situation will only be corrected when chief executives begin to invest properly in their personnel to ensure that their behavior is based on a common set of core values that serves as a basis for the discipline of subordinates. Line officers are sincere and hard-working. Supervisors, however, need to be taught what it means to make core values part of the department's operations and how to translate those values to apply them to judgments of subordinates' behavior. Unfortunately, said Chief Watson, there are still those supervisors who see no conflict in acting on their own personal values, imbedded with prejudices and biases, rather than responding on the basis of the department's core values. Most of the time, personal values will be in accord with departmental values, but supervisors need to be acutely aware of those few times when their personal values conflict with departmental values. The issue becomes one of alignment. The dictionary differentiates between ethics and integrity but defines integrity as "firm adherence to a code or standard of values." The major challenge, then, becomes one of ensuring that supervisors are good followers who understand what it means to translate beliefs into judgments and behavior. If supervisors cannot translate values into behavior and continue to judge behavior by the attributes of the violator, they will find that their badges will not shine as brightly. One judgment by favoritism, instead of with impartiality, inhibits all other objective judgments. Investment in supervisors and managers, concluded Chief Watson, is a strong solution needed to protect line officers. ------------------------------ Third Plenary Session The Impact of Police Culture, Leadership, and Organization on Integrity This session focused on the dynamics and derivation of the police subculture, the role of leadership, the organizational structure, and how these affect police integrity. Moderator: Jerome Skolnick, John Jay College of Criminal Justice, The City University of New York Panelists: Robert Colville, District Attorney, Allegheny County, Pennsylvania Gilbert Gallegos, National President, Fraternal Order of Police William Johnston, Deputy Superintendent, Police Department, Boston, Massachusetts Judge Milton Mollen, Graubard, Mollen & Miller Ramona Ripston, Executive Director, American Civil Liberties Union, Los Angeles, California Hubert Williams, President, The Police Foundation ------------------------------ "One underpinning of the police subculture is the belief among police officers that no one -- i.e., management or the public -- understands them." --Professor Jerome Skolnick ------------------------------ A culture or, in the case of many police organizations, a subculture, is the set of norms or beliefs that guide a particular group's behavior. They are, said moderator Jerome Skolnick, the truths that officers feel in their bones, the touchstones that govern their attitudes and behavior. The text Beyond 911 suggests that the police culture includes at least the following six beliefs: o The police are the only real crimefighters. o No one else understands the work of a police officer. o Loyalty counts more than anything. o It is impossible to win the war on crime without bending the rules. o The public is demanding and nonsupportive. o Working in patrol is the least desirable job in the police department. Professor Skolnick told the audience that it is essential to understand how an organization's values become translated within the subculture. In the tape of the Rodney King beating, the interesting people are the 10 to 12 officers who stood around and watched. This is an example 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. ------------------------------ "Organizations must consider integrity improvement as a long-term goal -- there are no quick fixes." --District Attorney Robert Colville ------------------------------ Police, said District Attorney Robert Colville, have not changed substantially over the years in how they view the community or their agency. They are susceptible to many of the same temptations as they were 30 years ago. Corruption was rampant in the Pittsburgh Police Department in the 1960s. Police officers ran towing companies, cashed in on free lunches, and succumbed to many of the same temptations that are present today. Two things, Mr. Colville related, changed police attitudes toward corruption in the 1960s and 1970s: The Internal Revenue Service and other Federal agencies began to indict police, and a new public attitude about the police grew out of the civil strife and upheaval of the 1960s. After the 1960s, police came under greater scrutiny by citizens than at any other time in recent history. When police departments were forced to change, Mr. Colville said, a number of things had to occur for the change to last. First, training was enhanced. Second, leadership was improved. Third, working the media needed to be mastered. Leaders had to be honest, open, candid, and principled. Fourth, advice was needed from other disciplines that had experience in improving integrity. Last, concluded District Attorney Colville, organizations had to consider integrity improvement as a long-term process -- with no quick fix. ------------------------------ "Partnerships between management and line officers must be based on mutual respect and equal responsibility for integrity improvement." --FOP President Gilbert Gallegos ------------------------------ All people who serve the police profession, said Fraternal Order of Police President Gilbert Gallegos, need to review the Law Enforcement Code of Ethics. Police officers come from the citizenry and the culture of the community. If there are value problems in the culture as a whole, there inevitably will be value problems among police officers. Key questions, continued Mr. Gallegos, need to be answered about codes that set forth ethics and values. What role do line officers play in formulating the code of ethics? How often does management discuss with line officers the differences between the corporate code of the department and the informal code of the street? Partnerships between administrators and officers need to be formed. They must be built on mutual respect and equal responsibility for improving integrity. But, said Mr. Gallegos, management must also understand the responsibility of the union to defend its officers. Unlike most attorneys, union representatives do not have the option to walk away from a client. Unions, concluded Mr. Gallegos, should be actively involved in politics, particularly when so many sheriffs are elected officials and so many chiefs of police serve at the pleasure of a mayor, city manager, or county administrator. ------------------------------ "I learned through painful personal experience that the only way to preserve dignity for all those we serve is by protecting constitutional rights." --Deputy Superintendent William Johnston ------------------------------ Superintendent William Johnston eloquently recounted his experiences throughout his 30 years as a police officer that revealed a startling and critical recommendation for symposium participants. Police officers are special people, said Superintendent Johnston. They are the ones entering the scene of a robbery or burning building when all others are leaving as quickly as they can. Too often, their training and orientation propel them down a path that will eventually lead them to harm rather than to protect the people they serve. Superintendent Johnston illustrated this observation with a series of personal experiences that sowed seeds of his own change and reformation as a police officer. Early in his career, he was assigned to a tactical patrol force that had a culture of promoting force and arrogance in its treatment of people. Within that unit he became a decoy officer (an officer who poses as a victim). As a decoy officer, he began to understand what it was like to be an actual victim -- to be accosted and threatened with a knife or gun. He also learned what it felt like to be discriminated against. He learned that if 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 other crimes against persons. Then he had to respond to a call involving a minority family living in an all-white, middle-class neighborhood. On this particular evening, 18 windows in the family's home had been broken with rocks. Johnston recounted that he arrived to find the father, the head of the household, in tears and paralyzed, not knowing which member of his family to respond to first. In that moment Johnston understood that the most heinous crime was one that resulted in the loss of personal dignity. He recognized that in the past, he was responsible for damaging the personal dignity of some of the people he was supposed to serve. What, he pondered, would serve to prevent such an insult to the personal integrity of the people served by the police? Biased behavior, Superintendent Johnston imparted, begins with seemingly harmless words and jokes and ends with the performance of a Mark Fuhrman. He recognized that the behavior of a Mark Fuhrman robs all police officers of their credibility, and Johnston himself had contributed to that situation. Superintendent Johnston finally arrived at a most courageous solution, which he has been instrumental in implementing in the Boston Police Department. All police officers, he concluded, must be taught the true significance of the U.S. Constitution, not simply the constraints it places on the procedural aspect of the officers' job. The U.S. Constitution is the only standard that can uniformly protect and preserve the personal dignity of all people in the United States by guaranteeing civil liberties, if the police fully adopt it as a means to govern interactions. ------------------------------ "The shock is not that there are corrupt police officers but that too often police departments are incompetent when it comes to investigating corruption." --Judge Milton Mollen ------------------------------ The Mollen Commission, led by Judge Milton Mollen, found "pockets of corruption" in the New York Police Department (NYPD) predominantly related to the drug trade. The major shock in the investigation, Judge Mollen told the audience, was not that corruption existed in a 38,000-officer department but, rather, that the police department was incompetent and inept when it came to dealing with the corruption. Another important observation was that there were various cultures within the NYPD: a cop-to-cop culture, a cop-to-management culture (the blue wall of reluctance), and a cop-to-community culture. They are very different and exist in other police agencies as well. The Commission, Judge Mollen said, made important recommendations for both internal reforms and external oversight. There must be an outside, independent monitor to oversee the effort to eliminate corruption. Dissenters must have a voice and should be encouraged to come forward. Better training and supervision are needed. Some basic questions must be answered if integrity is to be improved: What happens to good, idealistic recruits? How do they lose their idealism? What happens in training, supervision, and patrol that changes these people? Judge Mollen closed by saying, "The biggest victim of the crooked cop is the honest cop." ------------------------------ "If managers only ensured compliance with existing policies and procedures, there would be far less corruption." --ACLU Attorney Ramona Ripston ------------------------------ Ramona Ripston began her remarks by talking about the perceived antipathy between police officers and the American Civil Liberties Union (ACLU), but she reminded the audience that the largest client group served by the ACLU are police officers, primarily women suing police departments because traditional police culture makes their jobs very difficult. Ms. Ripston remarked that one of the most important goals of police organizations ought to be convincing the community that the police perform their work in ethical and moral ways. Ms. Ripston's group has studied the way the Los Angeles Police Department handles citizen complaints. Only 5 of 18 divisions are following existing rules of procedure. Culture needs to be instilled from the top down. One of the major impediments to compliance is managers who do not know the regulations or are not willing to follow them. Ms. Ripston also alluded to the Christopher Commission report. She observed that police unions are one of the most significant obstacles for bringing about the Christopher Commission's recommendations. Above all, Ms. Ripston stressed that the police and members of the ACLU are in the same business -- securing and protecting the civil rights of those they serve. ------------------------------ "Most police chiefs are honest and have integrity, but they fail due to an ignorance of what is occurring in their own departments." --Hubert Williams ------------------------------ Hubert Williams began by observing that police chiefs don't receive near the credit in this country they deserve. In general, police chiefs act with integrity and honesty. Where they sometimes fail is in fully understanding what is going on in their departments. Mr. Williams remarked that values come not just out of the documents that describe them but from traditional police culture. Often, there is a gap between what the documents say and what is actually happening in the police department. There is what Williams called a "disconnect between policies and practices." Sometimes this information does not make its way to the top of the chain of command. Police officers frequently protect each other. They sometimes see those in management as people who are against their interests. These perceptions clearly need to be changed. Mr. Williams also discussed several recommendations for improving the integrity of American police officers: (1) develop operational strategies for more positive and creative methods of discipline, (2) give more time to designing and implementing intervention strategies for problem officers, and (3) focus on professional integrity as opposed to political opportunity. Fourth Plenary Session How To Effectively Cope With Influences in the Police Culture and Organization and in the Community This session allowed line officers an opportunity to voice their perspectives and concerns about police integrity. Moderator: John Nicolleti, Police Psychologist, Denver, Colorado Panelists: Dr. Ted Hunt, Director, Los Angeles Police Department Protective League Sergeant Donald Cahill, Police Department, Prince William County, Virginia Captain Ross Swope, Metropolitan Police Department, Washington, D.C. Darryl Jones, President, National Law Enforcement Integrity Institute ------------------------------ "Police unions derive their strength from the failure of management to protect officers' interests and to listen to officers' needs." --Dr. Ted Hunt ------------------------------ Dr. Ted Hunt began the session by quoting from Edgar Schein's article, "Coming to a New Awareness of Organizational Culture." "Organizational culture is a pattern of basic assumptions and behaviors adopted in order to provide external adaptation and internal integration." Many of the traditional internal strategies for providing external adaptation and internal integration have not worked, Dr. Hunt argued. Hence, external forces (e.g., the Christopher Commission, the ACLU, the Mollen Commission) have had to intervene. Internal systems have not met the needs or expectations of the community. Police unions have arisen as an internal mechanism to respond to the failures of these traditional strategies. In the process, they have provided officers with protection against unilateral decisionmaking as well as helping individuals and the organization to cope with change. The law enforcement community is in the midst of enormous change. Many U.S. police forces are based on a 1940s military model, said Dr. Hunt, one that was given up by the military long ago. This model is based on a threat-and-fear management style. In many American departments, the support functions have become more important than the basic patrol functions. The American law enforcement community needs to do a better job of declaring its major role: Is it crime fighting, or is it crime prevention? Law enforcement is in the midst of a paradigm shift, and it is middle managers who have the most to lose. Dr. Hunt suggested that the average police officer wants two things: a decent wage and appreciation for a job well done. Officers thrive on appreciation, but middle managers do not know any model other than the military model, so they do what was done to them. The focus must be on quality control strategies. The values of the organization must be inculcated starting in the academy and continuing throughout one's career. Partnerships must be forged between formal and informal police organizations. Values must begin at the top, but they also must be driven from the bottom up; the energy for change must come from inside and outside the organization. In his concluding remarks, Dr. Hunt focused on ideas that have been implemented in the Los Angeles law enforcement community: o A Center for Police Organizational Studies has been organized. It is a partnership among the L.A. Police Protective League, the University of La Verne, and the California Commission on Police Officer Standards and Training. Its mission is to study and improve police organizational culture. o The L.A. Police Protective League has formed a liaison committee. During its formation effort was taken to include minority membership. The League also has negotiated with the city council to begin reengineering the disciplinary process. o The L.A. Police Protective League has acted as a liaison with the Inspector General as well as with officials from the Department of Justice. o The L.A. Police Protective League has played a pivotal role in bringing tax dollars back to city and county departments. ------------------------------ "The forces that influence an officer to adhere to professional behavior are the extended family, trainers, mentors, the behavior of model managers, and the fear of loss of reputation and employment." --Sergeant Donald Cahill ------------------------------ Donald Cahill, a senior sergeant with the Prince William County Police Department, opened by citing a list of characteristics of a good police officer: sets an example on and off duty; enforces the law fairly and impartially; obeys the laws he/she is sworn to enforce; considers the badge a symbol of public trust, not a door opener or discount card; is helpful to others who are in need; acts prudently and intelligently; takes care with evidence; shows proper courtroom demeanor; and attempts to be a leader in all senses of the word. Sergeant Cahill then asked what positive influences help to reinforce these characteristics. Among those he cited were the following: extended family and the network of values built by them, supportive teachers, peers whom one must face every day, military training, senior officers who act as mentors, the availability of extra training, and the fear of loss of one's reputation and employment. Among the negative influences on police integrity, Sergeant Cahill named the availability of corrupting influences in the culture. He also spoke of the poor example given by other officers as a major influence on recruits coming out of the academy. Short cuts taken by agencies, lack of resources to accomplish goals, lack of disciplinary action against supervisors, supervisors overlooking misconduct, and supervisors who say, "It is right because I say it is right," were also cited by Sergeant Cahill as significant influences that sour street cops. At the end of his talk, Sergeant Cahill offered a few recommendations. First, raise standards. It may require making the pool bigger as well, but in the long run, it will be worth it. Second, ethics training must begin early and be ongoing. Finally, proper ethics training needs to happen at the supervisory level as well. ------------------------------ "Mediocrity is the major cause of lack of integrity in American policing." --Captain Ross Swope ------------------------------ At the heart of Captain Ross Swope's remarks was a simple yet profound observation: the major cause in the lack of integrity in American police officers is mediocrity. Mediocrity stems from the failure to hold officers responsible and accountable. It comes from a lack of commitment, laziness, excessive tolerance, and the use of kid gloves. Dealing with mediocrity, said Captain Swope, is perhaps the greatest contemporary challenge to American law enforcement. The responsibility for dealing with it ought to lie with police sergeants, lieutenants, and captains. Captain Swope asked: How is mediocrity dangerous? He answered by providing the example of a bell curve, the standard distribution curve in statistical analysis. In a standard bell curve, there will be few officers with many core virtues (prudence, trust, courage, effacement of self-interest, justice, intellectual honesty, and responsibility). The expectation is that there will be many officers with some of these core virtues and, unfortunately, some officers with few of these core virtues. The extent of moral influence in a police department depends on the extent of influence exerted by the lower and upper portions of the bell curve. Those who control the extent of this influence, said Captain Swope, are sergeants, lieutenants, and captains. Police officers are extremely sensitive and attuned to what fellow officers do and do not do. Officers know who files false injury claims, who the second car is on a "man with a gun" call, who steps over the line with excessive force, and who is likely to get lost for a full tour of duty. When officers in the middle of the bell curve see that these people are not dealt with, they sometimes begin to imitate their behavior. Similarly, when those in the middle of the bell curve see fellow officers take extra calls, quickly respond as backup, and testify clearly and honestly, they begin to imitate them as well. The principal agents in bringing about this emulation are sergeants, lieutenants, and captains. Behavior, concluded Captain Swope, runs both ways. All but those at the lower end of the bell curve welcome change. ------------------------------ "The true leader in law enforcement is the one who has model performance and behavior, not the one designated by rank or title." --Darryl Jones, Retired Police Officer ------------------------------ Darryl Jones cited a number of hindrances to high ethical performance among American police officers: recruitment is difficult and the pool is often too small; standards for measurement are often nonexistent; harassment, excessive force, and discrimination are rampant; chiefs don't often have enough discretion in making moral decisions; resources are insufficient; the public trust in American law enforcement is on the decline; officers sometimes don't reflect the communities they serve; and the average academy ethics training consists of one 4-hour block. Mr. Jones suggested that many of these problems are not new, nor is the notion of community policing. In some ways it is another name for putting cops back on the beat. No matter what strategies are devised, four areas, said Mr. Jones, need constant attention if there is to be significant improvement in police integrity. 1. A community-based approach to problem solving should be used. Police service must be oriented to community needs. 2. All departments need internal review and assessment. Racism, sexism, harassment, and cronyism need to be dealt with through a systems approach. The system must include credible internal assessment. 3. Ethics training needs to be proactive. It should be less warm and fuzzy and should be done by people who have credibility with those who are being taught. 4. The concepts of human dignity, equity, and social justice have to be considered when judging promotions and commendations. Mr. Jones ended with three other connected points: First, that integrity is event sensitive; second, that the negative is contagious; and third, that the "broken window" theory applies in police work. What these three points have in common, he said, is that they refer to an important maxim in police work: Leadership is based on performance and behavior, not on position. ------------------------------ Fifth Plenary Session Impact of Internal Systems and External Forces on Police Integrity This session explored the many internal subsystems and external forces that affect police integrity. Moderator: William Geller, Associate Director, Police Executive Research Forum Panelists: Dennis Nowicki, Chief of Police, Charlotte-Mecklenburg, North Carolina Dr. Sam Walker, Professor of Criminal Justice, University of Nebraska at Omaha Robert Scully, Executive Director, National Association of Police Organizations Richard Roberts, Chief, Criminal Section, Civil Rights Division, U.S. Department of Justice Steven Rosenbaum, Chief, Special Litigation Section, Civil Rights Division, U.S. Department of Justice Richard Williams, Chief of Police, Madison, Wisconsin Merrick Bobb, Special Counsel to Los Angeles County, California Moderator William Geller opened the fifth plenary session with a few introductory remarks. He commented that a decade ago the conference might be called "Crime in a Free Society." Today it can more properly be labeled "Freedom in a Crime-Weary Society." ------------------------------ "One part of the formula for police integrity is an environment where police officers are involved in the improvement process." --Chief Dennis Nowicki ------------------------------ Chief Dennis Nowicki, the first of the speakers, shared some strategies and programs he has put in force as head of the Charlotte-Mecklenburg Police Department. He began with two assumptions: that his department should be a value-driven department, and that most cops are good and if a chief involves his or her officers in continual improvement, one can create the best environment for integrity to thrive. Many of the ideas he discussed at the conference were brought forward by other members of his department. Among those were the following: the police academy must move from a boot camp to an adult learning center; and curriculum-based inservice training must be made available to everyone in the department. Among Chief Nowicki's other recommendations were the following: inservice training should include core courses as well as electives; quality speakers and teachers must be brought in from the outside to help in training and teaching police officers; internal affairs should develop early warning systems; the department as a whole should develop compliance/ethics audits; recruiting and selection processes could be improved by recruiting on college campuses; a chaplaincy program is an important part of building integrity in the department; and the training of peer counselors is an effective way to build compliance with the department's values. In the Charlotte-Mecklenburg Police Department, Chief Nowicki has instituted a peer-review use-of-force committee; no committee member has a rank above sergeant. The department is also experimenting with the idea of cross-district review. Although some concerns about liability issues and confidentiality have been voiced, Chief Nowicki concluded, these peer-review boards so far have had promising results. ------------------------------ "Research on which types of internal audits are most effective in fostering police integrity is essential." --Dr. Sam Walker ------------------------------ Dr. Sam Walker brought to the session his expertise on various forms of external audit of police departments. He began with a review of the facts: There has been a dramatic growth in the past 20 years in this country in citizen oversight of police departments; the rest of the English-speaking world has been slightly ahead of the United States on this issue; and there are a variety of external oversight models used throughout this country. Some cities use an office of citizen complaint, others an ombudsman. In still other cities, there is a compliance auditor and, in Los Angeles, an inspector general. Dr. Walker asked which of these models seems to have been most effective. His answer: The jury is still out. More importantly, the new American political environment now more or less demands some form of external review of police departments. This history over the past two decades has taught some important lessons. Dr. Walker suggested that the lesson to be learned for managers is, "Do it, or have it done to you." The lesson for union leaders is, "Get on the train or be left at the station; citizen review is going to happen." Dr. Walker ended his comments with two final observations. First, merely doing something, anything, is not enough. This has been shown in cities like the District of Columbia, where the civilian review board was a failure, and the New Orleans Office of Municipal Investigations, which has failed to curb police misconduct. Second, there is much to be learned from these failures. If a viable external review system is to be constructed, one must first learn why systems that have been tried have not worked. ------------------------------ "Police departments need to move from punitive discipline to positive discipline. Police officers deserve this level of respect." --Robert Scully ------------------------------ Robert Scully pointed to the importance of having union people invited to take part in this discussion of police integrity. He reminded those in attendance that the labor movement is not simply made of officers but also includes many managers. Most of Mr. Scully's observations came in the form of the following strategies and ideas for improving police integrity: o Move from punitive discipline to positive discipline. o All departments should have an open-door policy for all sworn officers and conduct regular debriefing sessions, off the record; this should help identify problem officers at the early stages. o The Department of Justice should share more information about police officers under investigation. o Equal employment opportunity agreements must be developed between labor and management in every department. o Performance evaluations need to be improved and should be less subjective. o All police officers should have collective bargaining agreements. o All police officers should have due-process rights in their departments. Mr. Scully also made some recommendations about academy and inservice training: o The case study approach should be used more than it is, particularly in line-of-duty death, use-of-force, and corruption cases. o The families of police cadets and young officers must be better integrated into the life of the department. Stress management training programs are a must for officers and family members. Mr. Scully suggested that civilian review boards are by and large not helpful and should be abolished. The principal reason he gave is that civilian review board members usually know very little about police work. Although Mr. Scully voiced his opposition to civilian review boards, he said that if they are to be used, members should meet minimum qualifications and go through some training. ------------------------------ "Where a systematic weakness in police integrity undermines the rule of law and jeopardizes the rights of citizens, [the Department of Justice] must intervene." --Richard Roberts and Steven Rosenbaum ------------------------------ Richard Roberts and Steven Rosenbaum, of the Justice Department's Civil Rights Division, are cochairs of the Attorney General's Task Force on Police