Internal affairs: issues for small police departments

FBI Law Enforcement Bulletin,The, July, 2003 by Sean F. Kelly

Ethics is simply the choice between right and wrong. When a community swears in police officers, it has expressed its trust and faith that the officers always will make the right choice, regardless of the cost. A few sentences spoken with their right hands held in the air represent these officers giving their word to their community that its citizens can trust them with all that they love and hold dear. To act unethically violates that trust.

Where do ethics break down? What signs reveal police corruption in its infancy? Many, both in the profession and in other occupations, agree that law enforcement work is dangerous and officers are grossly underpaid. (6) This mantra, gone unchecked, can cause some officers to think that it is all right to accept half price meals or a free cup of coffee as long as no one expects something in return for this generosity. This seems benign, but where does it stop? Is this only a minor ethical dilemma better left to academicians? Or, is it the germ of corruption that each agency must address?

Simply stated, corruption in police work is the use of an officer's sworn authority for personal gain. When corruption occurs, regardless of the extent, the community will measure the future of the agency against its response. An untimely or ineffective response will leave the community with a sour taste in its mouth that could take a generation, or more, to overcome.

THE INVESTIGATION

It remains critical to the integrity of an agency that it accept and fully investigate all complaints. By accepting all types of complaints, regardless of the method of transmission, an agency tells its community that what citizens have to say is important, that the agency is dedicated to quality police service, that it is open to constructive criticism, and that it is committed to continuous improvement.

Once an agency receives a complaint, it should ensure the integrity of the complaint by sending a letter of receipt to any identifiable complainant. Agencies should inform complainants that they have assigned an investigator and that complainants should contact this person if any member of the department has contacted them in an effort to get them to retract the complaint or, worse, if anyone has threatened them in any way.

Subject Notification

Before beginning any internal affairs investigation, an agency should notify the officer involved in writing that it has received a complaint. Notification should include the nature of the complaint and the name and rank of the officer assigned to the investigation. The only exception to this would occur when such notification would jeopardize the investigation. (7)

Investigator Selection

An agency should select the investigator based on the allegations. In all cases, an agency should handle the matter at the lowest possible level. In small agencies, the line supervisor also may fill the position of second in command, limiting the chief's choices. If a minor rule infraction, such as discourtesy or tardiness, is the nature of the complaint, then a line supervisor would prove an appropriate choice. However, if the complaint stems from a serious breach of conduct, such as an alleged crime, excessive force, bias/discrimination, or a gross ethics violation, then a command-level officer trained to conduct this type of sensitive investigation should undertake, or at least oversee, the matter.