Ethics, Leadership and Gadsden County Law Enforcement
Brenda Bowman Sizemore Keiser University Dr. Theresa Rouse EDL750: Leadership Theory & Management February 08, 2013
LAW ENFORCEMENT LEADERSHIP & ETHICS 2 Abstract Law enforcement is a profession that is based on moral turpitude. Due to the power that is provided to law enforcement by the public, it is important that officers carry out their professional duties in an ethical manner. A breech of the publics trust can be detrimental to the law enforcement profession. For, the public relinquishes some of their freedoms to allow an officer to protect and serve them. The public needs the protection of law enforcement, just as law enforcement needs the vested powers that the public provides. When the confidence of the public is betrayed the foundations of the United States Constitution is also breeched. Therefore, it is essential that law enforcement officers act in an ethical manner. This paper will review how the past actions of Gadsden County law enforcement officers provide that there is a need for ethical training. A review of the literature will support the need and provide suggestions based upon the strategic needs of Gadsden County law enforcement.
LAW ENFORCEMENT LEADERSHIP & ETHICS 3 The Need for Law Enforcement Ethics Training Gadsden County, Florida is a rural community located in Floridas panhandle. The majority of Gadsdens population is minority (U.S. Census Bureau, 2012). The county is served by seven law enforcement agencies, which includes one sheriffs department that serves the entire county. Recently and in the past, Gadsden County law enforcement leaders have watched as fellow officers and police leaders relinquish their standards due to ethical and criminal violations. An example of a few of the violations that individualized Gadsden County law enforcement officers have participated in is drug abuse, homicide, rape, theft and impaired driving (Bowman, 2013). Gadsden County is not the only community that has watched their trusted law enforcement officers succumb to ethical and moral turpitude violations; therefore it is essential that a solution to recognizing and preventing negative behavior by Gadsdens officers is imperative. However, to do so agency leaders must evaluate the culture of the law enforcement profession to gain a better understanding on how to make ethical change. The Police Subculture and the Blue Wall of Silence Gadsden Countys law enforcement subculture is not very different than those established in traditional small communities. Within the county most officers know each other and are eager to assist, defend or lend support to their fellow officers. The culture of the law enforcement profession allows the formation of a tight bond between the officers and their coworkers. This bond is formed due to the officers observing society at their worst on a daily bases. The mentality of the profession is that it is impossible for an average citizen to understand the stress that the occupation imposes upon an officers professional and personal life. Often, one officer will turn to another for guidance, acceptance or advice. Due to the relationship between officers and their partners, there is a false perception that their agency leadership does not understand the LAW ENFORCEMENT LEADERSHIP & ETHICS 4 daily obstacles that all officers face. Less seasoned officers tend to overlook that their leaders were once line level officers in the past. As a result, when ethical violations are committed many officers do not reveal the behavior. This failure is what leads law enforcement officers to participate in the blue wall of silence. The problem with not revealing ethical violations is the lack of reporting allows officers to progress toward the slippery slope. The slippery slope is a term used when officers participate in minor ethical violations that may lead them to commit more serious acts in the future. Some law enforcement officers believe that it is a violation of the trust between fellow officers to snitch or reveal an unethical act. However, there are many instances where an officers career and mental health could have been salvaged if immoral actions were reported before progressing to more serious offenses. It is the subculture of the Gadsden County law enforcement that promotes the blue wall of silence. Martins (2011) research agrees that the policing profession has its own unique subculture. Some would say the culture has evolved into a support mechanism that provides an emotional foundation for officers. The literature sustains that law enforcement officers share a unique bond and this bond is similar to those shared by large families. It is this bond that can either promote or rid the profession of ethical violations. Law enforcement officers know the challenges that their comrades face on a daily bases. They understand what it is like to live from pay check to paycheck and the stresses that the occupation can place on an officers family life. Therefore, if line level leaders are not properly trained in leadership and accountability ethical violations may be overlooked. Those who overlook the violations consider this as a means of support for their subordinate officer (Martin, 2011). Green (2013) advises that the culture of an organization can be the obstacle to change. In order to correct this deficiency trust needs to be established between agency leaders and the LAW ENFORCEMENT LEADERSHIP & ETHICS 5 officers. Once trust is established behaviors that model the organizational goals can be displayed. Officers observing the behavior of those who mentor them will follow and model this behavior. For Gadsden County law enforcement agencies to be successful, leaders must acknowledge the current culture, model the desired behavior and then reestablish what the desired culture should be for change to take place (English, 2013). The Impact of Leadership and Law Enforcement Ethics Martin (2011) advises that police ethics does not simply involve being honest. For ethics to be present multiple actions are required. In order to exhibit ethical behavior integrity, responsibility, courage, prudence and trust should be displayed. Martin reviewed surveys that measured public confidence in police ethics compared to other service professions. The surveys revealed that 84% believed the United States nursing profession displayed high ethical standards, while only 56% of the general public had confidence in law enforcements display and use of high ethical standards (Martin, 2011). Many law enforcement agencies strive to appoint law enforcement leaders that display strong ethical standards. Yet, research has found that all levels of officers should display ethical conduct and leadership skills. Martins (2011) literature suggests that all officers employed should possess leadership skills due to the lack of oversight they have while performing their duties. In a traditional work setting employees have constant administrative supervision, but due to the nature of the law enforcement profession this is not feasible. One of the most important factors regarding police ethics is that in order for law enforcement officers to perform their duties, they must have support from the citizens they serve. Without this support it would be difficult for officers to perform their duties or enact their authority (Martin, 2011). Research has established that there is a history of Gadsden officers abusing the authority granted to them by LAW ENFORCEMENT LEADERSHIP & ETHICS 6 the public for their own personal gain. This abuse has led to the lack of confidence in Gadsden law enforcement (Bowman, 2013). A review of the literature reveals that some factors directly correlated with law enforcement ethical violations are low pay, the risks of the profession, a lack of constant oversight and the inability to responsibly manage the power they are vested with. The issue with law enforcement ethical misconduct is that it does not only taint the officer that commits the act, but the act taints the entire profession. The old saying that one bad apple will ruin the entire bunch is a prime example of how ethical violations impedes the law enforcement profession (Martin, 2011). This is the current perception by other jurisdictions of Gadsden County law enforcement. Each ethical violation committed results in the loss of public confidence, with this loss the officers duties becomes more difficult and all officers reputations suffer (Martin, 2011). In Gadsden County ethical misconduct does not represent every officer, but due to past ethical indiscretions the perception of Gadsden County officers is poor. This perception not only impedes the professional obligations of those who commit the acts, but it impedes the obligations of those who are considered to be officers with high integrity. One example of how the perception impacts all Gadsden agencies is when a request for funding or assistance is applied for and denied. Due to one agency mismanaging funding all Gadsden agencies are scrutinized and denied funding. This reputation has caused various Gadsden County agencies to be declined both finances and equipment assistance. Perhaps Gadsden County law enforcement leaders can openly and honestly observe the impact of ethical violations to their agencies and put deterrents in place to prevent future negative behavior. Law Enforcement Accountability LAW ENFORCEMENT LEADERSHIP & ETHICS 7 By utilizing a system of punishment and rewards, officers will be reprimanded for poor behavior, while positive behavior will be rewarded. Implementing this system will slowly direct Gadsden County to strengthen their ethical standards and be viewed as accountable in the eyes of other law enforcement agencies and organizations (Gove, 2007). However, to accomplish these missions agency leaders will need to appoint like minded supervisors to their patrol divisions. It is important that leaders who are appointed have the best interest of the organization in their forethoughts. Supervisors who are easily intimidated by popularity and the police subculture would not be beneficial to bringing accountability to Gadsden County law enforcement (Collins, 2001). Gove (2007) discussed a leaders ability to direct and motivate those they manage. Research found that fulfilling work environments promote employees to be more productive and endure less stress. The professional duties of an officer can be negatively impacted by negative stress. Negative stress can delay reactions and impede decision making. The occupation of law enforcement demands its workers to use critical thinking skills and there are many instances where the officer will be alone in the field and need these skills. It is essential that supervision is conducted, but in a manner where the officer is not micromanaged or consistently left to their own demise with little oversight. Law enforcement leaders must be able to balance their responsibilities to in a way to allow an officer to grow, while holding them accountable for their actions. Further, leaders must know their officers so they can detect negative behaviors before they impact job performance (Gove, 2007). Motivation is a critical aspect in the law enforcement profession. Officers work long shifts and often see the worst society has to offer. Law enforcement leaders should assist in the motivation of officers by empowering them in their work environment. Gove (2007) advises that LAW ENFORCEMENT LEADERSHIP & ETHICS 8 if leaders allow and encourage officers to use critical thinking skills, performance, transparency and accountability will follow. When professionalism is displayed the ethics of the organization will be present. To accomplish this task a leader must communicate with their officers. The more communication that takes place will allow each to recognize individualized talents, abilities and weaknesses. By recognizing these traits a supportive environment will be created to further enhance skills. Constructive criticism should be offered to correct deficiencies, while rewards for desired performance are given. Gove suggests that for this to be accomplished todays law enforcement leaders may need to learn or enhance their skills in the area of empowerment and communication. Gove (2007) advises that many law enforcement leaders do not empower their officers, for they fear that this will remove their own powers, minimize their own accomplishments and identity as a leader. In order for positive change to occur leaders must initiate the change and not allow their organization to remain stagnate or frozen in past cultures. To accomplish these tasks leaders must take some risk and place trust in their officers. They should rely upon the professional development they have provided to their officers and hold officers accountable by monitoring their progress in the field. Gove advises that the following are obstacles to organizational accountability: A lack of communication and no clear organizational goals. No rewards or means for measuring outcomes. Failure to oversee the daily activities of officers. Failure to address negative behavior or poor performance to avoid confrontation. Fearing that acting on negative behaviors will label a leader and make them the least popular among the officers. LAW ENFORCEMENT LEADERSHIP & ETHICS 9 The literature illustrates that accountability can only surface when there is direct oversight of the activities of the organization. For accountability to occur, leaders must make certain that strong leadership is in place and officers are held responsible for their actions. To accomplish this task, leaders should not micromanage or make the decisions for their officers, but encourage, communicate and model the desired behavior. This can be achieved by acknowledging and rewarding good performance, while acknowledging, offering constructive criticism and reprimanding poor performance. Empowering officers does not take the authority over monitoring employees away. This action allows leaders to give officers the approval to use skills possessed, while being monitored. By allowing each officer to take part in accomplishing the mission and goals of the organization, the aims of the police organization being met and officers are being taught valuable leadership skills to utilize in the future (Gove, 2007). Politics, Policing and Ethics Perego (2012) advises that the profession of policing is a political environment. Police leaders who are selected need to be appointed for their leadership style. Selecting a law enforcement leader because of who their status or who they know will not necessarily benefit the citizens. Those in charge of selecting police leaders need to leave the politics out of policing and select those who will bring transparency and ethics back to the citizens of their jurisdiction (Perego, 2012). Officers need to know how to carry out their professional responsibilities without influence from politics and with the use of positive and substantiated discretion. In order to uphold ethics in policing it is critical that these skills are taught and mastered. The job of law enforcement officer not only requires engagement in high liability areas, but in areas that requires in-depth interaction with the community (Baro & Burlingame, 1999). By modeling and LAW ENFORCEMENT LEADERSHIP & ETHICS 10 teaching Gadsden officers how to use discretion properly, the ethical integrity and accountability of Gadsden County law enforcement can be restructured. Curving Unethical Behavior McClellan and Gustafson (2012) advise that as the career of law enforcement has moved toward professionalism, considerations of what will make a law enforcement agency professional needs to be well though-out. There has been an ongoing debate about the education of law enforcement officers and its correlation with the level of ethics they maintain. Many uphold that college educated officers commit fewer ethical violations and perform their duties better than those who have not obtained higher education. Research conducted by the Presidents Commission on Law Enforcement found a positive correlation between law enforcement officer education and on the job performance. The research showed that the educational requirements of law enforcement officers are fairly low throughout the United States. At the time of the research, a bachelors degree was not a requirement to become an entry level officer in the United States. Due to the lax educational requirements for policing, McClellan and Gustafson found that this may cause an undermining of the profession. Employing officers with only basic academic education and a lack of higher education have been found to be predictors for ethical misconduct. One of the reasons for this revelation is that higher educated employees tend to utilize problem solving and critical thinking skills more so than the less educated employee (McClellan & Gustafson, 2012). McClellan and Gustafson (2012) discovered that many in the educational field consider law enforcement to be trade work. The skills learned are taught in basic recruit training, but beyond this training the requirements are minimal. It has been suggested that with a lack of educational requirements the publics perception of police knowledge, skill and abilities can be LAW ENFORCEMENT LEADERSHIP & ETHICS 11 questioned. It was found that the classification of professional is directly correlated with how education, knowledge and the services provided are measured and the outcomes are analyzed. Professionalism is directly correlated with the amount of education that an organizations staff possesses. Due to the public and organizations heavily weighting law enforcements professionalism, it is essential that law enforcement leaders make certain their officers have the knowledge, skills and abilities needed to perform their duties in a manner that the public expects (McClellan & Gustafson, 2012). Baro and Burlingames (1999) research upheld that higher education for law enforcement officers should be considered. One of the main reasons for the consideration is the correlation between higher education, ethics and law enforcement accountability. Some of the reasons provided for this oversight are manpower shortages, finances and a lack of insight to the benefits of education (Bowman, 2012). Perhaps if leaders reviewed the literature on the positive aspects of higher education they would be more willing to implement policy that would reward officers who sought to increase their knowledge. Within the police profession there is a mentality that a strict regime or paramilitary structure is needed for obedience. Due to the safety issues that an officer faces while in the field this may be true to an extent, but emphasizing only the high risk aspects of the profession will not lead to accountability or professionalism (Baro & Burlingame, 1999). Martin (2011) agrees with Baro and Burlingame (1999) on this matter. Not all the tasks related to law enforcement profession centers around apprehension. Further, the emphasis on productivity instead of how duties are carried out can be a slippery slope for ethical violations. There are many tasks that require communication, writing skills and community interaction, but officers are rewarded for productivity, stats and the number of citizen contacts they make, LAW ENFORCEMENT LEADERSHIP & ETHICS 12 Leaders need to consider the professionalism displayed while achieving these outcomes. A review of the literature has found that there is a direct correlation between law enforcement ethics and an officers level of education. Research has found that officers who have higher levels of education have proven to be involved in less instances that result in liability against the agency and generate lower reports of citizen complaints. As previously stated, there is ambiguity regarding how agencies measure performance in relation to an officers level of education, job performance and completion of tasks. For an officer may be able to complete the tasks of the profession, but does he or she do so in a manner that is legal, ethical and in align with the agencies mission and goals is the unanswered question (Baro & Burlingame, 1999). Perhaps in the future research can be conducted on how Gadsden officers level of education correlates with their professional responsibilities. Baro and Burlingame (1999) found that many police leaders do not recognize the correlation between higher education and job performance, because of the current standards used to assess an officer. Many law enforcement agencies measure officers on their arrest and response times instead of the outcomes of cases and decision making abilities in the field. A review of the literature upholds that this mindset needs to be changed. The use of problem solving abilities, critical thinking skills and discretion are heavily weighted factors when ethical issues arise in the field. Research over a five year period was conducted and established that officers with higher education generated less citizen complaints than those without college education (Baro & Burlingame, 1999). It is suggested that updated research regarding the correlation between law enforcement and higher education be completed to determine the impact higher education has on police ethics.
LAW ENFORCEMENT LEADERSHIP & ETHICS 13 Conclusion Law enforcement is a profession where the moral turpitude of the officer is of utmost importance. The subculture of the profession can directly influence or hinder the integrity and professionalism of a law enforcement organization. Within Gadsden County, it is suggested that agency leaders look for solutions in creating transparency and accountability within their law enforcement organizations. By changing the culture of Gadsdens law enforcement agencies the blue wall of silence can be tore down and officers on the slippery slope can be directed onto their intended paths. Leaders of Gadsdens law enforcement agencies should be properly educated in the motivation, empowerment and supervision of line level officers. Supervisors should be encouraged to oversee the officers they are responsible for and not leave them to their own demise. Officers must be held accountable for the decisions they make, their performance in the field and the way they carry out their professional obligations. Positive performance should be rewarded by leaders, while reprimands for inadequate performance should be carried out. By holding Gadsdens organizational members accountable, transparency will be granted to the organization as a whole and the perception of the public will become favorable. Research has found that there is a direct correlation between an officers job performance and the amount of education received. Perhaps Gadsden County law enforcement agencies should consider re-examining educational requirements for their officers in order to strengthen their professionalism and to enhance officers critical thinking and problem solving skills. However, if agency leaders are appointed for the wrong reasons no amount of education, oversight or reward will bring accountability to the agency. Politics should be separated from public service to make certain that the appropriate discretion is being utilized in the field. By LAW ENFORCEMENT LEADERSHIP & ETHICS 14 implementing the above recommendations Gadsden County law enforcement organizations and their leaders should be on a direct path to professionalism.
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