Police Chiefs Desk Reference

2
Police Ethics
Establishing the Ethical Climate IACP Ethics Toolkit Law Enforcement Oath of Honor IACP Law Enforcement Code of Ethics Law Enforcement Code of Conduct Canons of Police Ethics Ethical Climate Assessment Survey

2. Ethics

Police Chiefs Desk Reference

Police Ethics
Establishing the Ethical Climate

eing a chief of police entails the process of influencing human behavior to achieve organizational goals that serve the public, while developing individuals, teams, and the organization for future service.1 This leadership process is comprised of two component parts, direct and indirect leadership. One of the responsibilities of indirect leadership on the part of a chief of police is to influence the members of the department through shaping the context for ethical behavior in the delivery of police services. As senior leaders, police chiefs set the context for ethical behavior by the following: 1. Selecting people of good character to lead, 2. Setting an example of ethical behavior at all times, avoiding even the perception of questionable actions or words, 3. Establishing clear guidelines for ethical behavior and supportive norms, 4. Building support for sound values in all members of the department, 5. Developing the moral sensitivity and judgment of others, 6. Keeping competition and stress within functional limits, 7. Using rewards for ethical behavior and punishments for unethical behavior, and 8. Neutralizing forces in the departments working environment that could undermine ethical behavior.

In the delivery of police services the authority to take a human life and to take away a persons freedom while maintaining his or her constitutional rights is delegated to the lowest level in the organization. To this end, in order to mitigate the effects of forces inside and outside the police department that might diminish the character of the organization and its members in the ethical delivery of police services, the International Association of Chiefs of Police (IACP) offers the following four documents as foundational principles for establishing clear ethical guidelines within a police department. Law Enforcement Oath of Honor Law Enforcement Code of Ethics Law Enforcement Code of Conduct Canons of Police Ethics

IACP, Leadership in Police Organizations, Chapter 30, 2003.

Chapter 2

Ethics

31

Police Chiefs Desk Reference

IACP Ethics Toolkit

Enhancing Law Enforcement Ethics in a Community Policing Environment
The International Association of Chiefs of Police (IACP) and the U.S. Department of Justice Office of Community Oriented Policing Services (COPS Office) have created an Ethics Toolkit: Enhancing Law Enforcement Ethics in a Community Policing Environment. The IACP Police Image and Ethics Committee undertook a detailed analysis of ethics training within United States police departments. Following three years of surveying and research the committee concluded: "Ethics remains our greatest training and leadership need today." Both the IACP membership and the COPS Office agree with the Police Image and Ethics Committee's finding and consider ethics an important training and leadership need. The toolkit they created is both a call to action and a resource guide to assist local law enforcement agencies. Local agencies using the activities and programs contained in this toolkit will heighten the awareness and visibility of law enforcement's ethical standards both internally and externally. The tools are to engage your agency in the building blocks of high ethical standards and to demonstrate your department's commitment to ethics and professionalism to your community. The contents of this toolkit can be found on the IACP website at www.theiacp.org --Professional Assistance Ethics. Below is a listing of the toolkits resources. What is the Law Enforcement Oath of Honor? An explanation of the elements, the resolution establishing the Law Enforcement Oath of Honor, and ways in which to present the oath. Oath of Honor Video Included in this toolkit is a video that reviews the Oath of Honor and its meaning. Oath of Honor A copy suitable for framing and displaying in your organization is included in this toolkit. Sign-on Campaign It is important that not only is the oath distributed and incorporated into ceremonies but that individual officers publicly record their commitments to high ethical standards. Focus on Ethics: The Law Enforcement Oath of Honor Statement by the IACP Police Image and Ethics Committee Regional Community Policing Institutes Established by the Office of Community Oriented Police Services, U.S. Department of Justice. Provides free ethics and integrity training courses. Bibliography This bibliography is of pertinent ethics and integrity literature produced in the law enforcement literature since 1990. This listing of resources will be useful for law enforcement training organizations, command staff and others interested in an in-depth review of the topic.

32

Ethics

Chapter 2

Police Chiefs Desk Reference

Reports/Resources Specific reports and resources that focus on the issues of ethics and integrity Model Policy on Standards of Conduct This policy, developed by the IACP Policy Center, is provided for agencies to state with specificity the standards of conduct embodied in ethical conduct. Agencies can adopt or modify to meet their needs. IACP In-service Training Material Police Ethics: Problems and Solutions. This two-part Training Key, designed for in-service training of police officers, examines the nature and importance of police ethics and discusses some of the factors that affect police integrity in today's world. Specific suggestions that may help law enforcement agencies resolve some of the problems are identified. The Public Image of the Police Final report presented to the International Association of Chiefs of Police by the Administration of Justice Program, George Mason University reviewing the existing knowledge of the public image of the police up to the year 2000.

Chapter 2

Ethics

33

Police Chiefs Desk Reference

Law Enforcement Oath of Honor

On my honor, I will never betray my badge, my integrity, my character or the public trust. I will always have the courage to hold myself and others accountable for our actions. I will always uphold the constitution, my community and the agency I serve.

International Association of Chiefs of Police

34 Ethics Chapter 2

Police Chiefs Desk Reference

IACP Law Enforcement Code of Ethics

"Achieving and Maintaining High Ethical Standards: IACP's Four Universal Ethics Documents," The Police Chief, October 2002 (http://www.theiacp.org/profassist/ethics/index.htm)

As a law enforcement officer, my fundamental duty is to serve the community; to safeguard lives and property; to protect the innocent against deception, the weak against oppression or intimidation and the peaceful against violence or disorder; and to respect the constitutional rights of all to liberty, equality and justice.
I will keep my private life unsullied as an example to all and will behave in a manner that does not bring discredit to me or to my agency. I will maintain courageous calm in the face of danger, scorn or ridicule; develop self-restraint; and be constantly mindful of the welfare of others. Honest in thought and deed both in my personal and official life, I will be exemplary in obeying the law and the regulations of my department. Whatever I see or hear of a confidential nature or that is confided to me in my official capacity will be kept ever secret unless revelation is necessary in the performance of my duty. I will never act officiously or permit personal feelings, prejudices, political beliefs, aspirations, animosities or friendships to influence my decisions. With no compromise for crime and with relentless prosecution of criminals, I will enforce the law courteously and appropriately without fear or favor, malice or ill will, never employing unnecessary force or violence and never accepting gratuities. I recognize the badge of my office as a symbol of public faith, and I accept it as a public trust to be held so long as I am true to the ethics of police service. I will never engage in acts of corruption or bribery, nor will I condone such acts by other police officers. I will cooperate with all legally authorized agencies and their representatives in the pursuit of justice. I know that I alone am responsible for my own standard of professional performance and will take every reasonable opportunity to enhance and improve my level of knowledge and competence. I will constantly strive to achieve these objectives and ideals, dedicating myself before God to my chosen profession . . . law enforcement.

Chapter 2

Ethics

35

Police Chiefs Desk Reference

Law Enforcement Code of Conduct

"Achieving and Maintaining High Ethical Standards: IACP's Four Universal Ethics Documents," The Police Chief, October 2002 (http://www.theiacp.org/profassist/ethics/index.htm)

The International Association of Chiefs of Police

All law enforcement officers must be fully aware of the ethical responsibilities of their position and must strive constantly to live up to the highest possible standards of professional policing. The International Association of Chiefs of Police believes it important that police officers have clear advice and counsel available to assist them in performing their duties consistent with these standards, and has adopted the following ethical mandates as guidelines to meet these ends.

Primary Responsibilities of a Police Officer

A police officer acts as an official representative of government who is required and trusted to work within the law. The officers powers and duties are conferred by statute. The fundamental duties of a police officer include serving the community, safeguarding lives and property, protecting the innocent, keeping the peace and ensuring the rights of all to liberty, equality and justice.

Performance of the Duties of a Police Officer

A police officer shall perform all duties impartially, without favor or affection or ill will and without regard to status, sex, race, religion, political belief or aspiration. All citizens will be treated equally with courtesy, consideration and dignity. Officers will never allow personal feelings, animosities or friendships to influence official conduct. Laws will be enforced appropriately and courteously and, in carrying out their responsibilities, officers will strive to obtain maximum cooperation from the public. They will conduct themselves in appearance and deportment in such a manner as to inspire confidence and respect for the position of public trust they hold.

Discretion
A police officer will use responsibly the discretion vested in his position and exercise it within the law. The principle of reasonableness will guide the officers determinations, and the officer will consider all surrounding circumstances in determining whether any legal action shall be taken. Consistent and wise use of discretion, based on professional policing competence, will do much to preserve good relationships and retain the confidence of the public. There can be difficulty in choosing between conflicting courses of action. It is important to remember that a timely word of advice rather than arrest which may be correct in appropriate circumstancescan be a more effective means of achieving a desired end.

Use of Force
A police officer will never employ unnecessary force or violence and will use only such force in the discharge of duty as is reasonable in all circumstances. The use of force should be used only with the greatest restraint and only after discussion, negotiation and persuasion have been found to be inappropriate or ineffective. While the use of force is occasionally

36

Ethics

Chapter 2

Police Chiefs Desk Reference

unavoidable, every police officer will refrain from unnecessary infliction of pain or suffering and will never engage in cruel, degrading or inhuman treatment of any person.

Confidentiality
Whatever a police officer sees, hears or learns of that is of a confidential nature will be kept secret unless the performance of duty or legal provision requires otherwise. Members of the public have a right to security and privacy, and information obtained about them must not be improperly divulged.

Integrity
A police officer will not engage in acts of corruption or bribery, nor will an officer condone such acts by other police officers. The public demands that the integrity of police officers be above reproach. Police officers must, therefore, avoid any conduct that might compromise integrity and thus undercut the public confidence in a law enforcement agency. Officers will refuse to accept any gifts, presents, subscriptions, favors, gratuities or promises that could be interpreted as seeking to cause the officer to refrain from performing official responsibilities honestly and within the law. Police officers must not receive private or special advantage from their official status. Respect from the public cannot be bought; it can only be earned and cultivated.

Cooperation with Other Police Officers and Agencies

Police officers will cooperate with all legally authorized agencies and their representatives in the pursuit of justice. An officer or agency may be one among many organizations that may provide law enforcement services to a jurisdiction. It is imperative that a police officer assists colleagues fully and completely with respect and consideration at all times.

Personal-Professional Capabilities
Police officers will be responsible for their own standard of professional performance and will take every reasonable opportunity to enhance and improve their level of knowledge and competence. Through study and experience, a police officer can acquire the high level of knowledge and competence that is essential for the efficient and effective performance of duty. The acquisition of knowledge is a neverending process of personal and professional development that should be pursued constantly.

Private Life
Police officers will behave in a manner that does not bring discredit to their agencies or themselves. A police officers character and conduct while off duty must always be exemplary, thus maintaining a position of respect in the community in which he or she lives and serves. The officers personal behavior must be beyond reproach.

Chapter 2

Ethics

37

Police Chiefs Desk Reference

Canons of Police Ethics

"Achieving and Maintaining High Ethical Standards: IACP's Four Universal Ethics Documents," The Police Chief, October 2002 (http://www.theiacp.org/profassist/ethics/index.htm)

Article 1. Primary Responsibility of Job

The primary responsibility of the police service, and of the individual officer, is the protection of the people of the United States through the upholding of their laws; chief among these is the Constitution of the United States and its amendments. The law enforcement officer always represents the whole of the community and its legally expressed will and is never the arm of any political party or clique.

Article 2. Limitations of Authority

The first duty of a law enforcement officer, as upholder of the law, is to know its bounds upon him in enforcing it. Because he represents the legal will of the community, be it local, state or federal, he must be aware of the limitations and proscriptions which the people, through law, have placed upon him. He must recognize the genius of the American system of government that gives to no man, groups of men, or institution, absolute power, and he must ensure that he, as a prime defender of that system, does not pervert its character.

Article 3. Duty to Be Familiar with the Law and with Responsibilities of Self and other Public Officials
The law enforcement officer shall assiduously apply himself to the study of the principles of the laws which he is sworn to uphold. He will make certain of his responsibilities in the particulars of their enforcement, seeking aid from his superiors in matters of technicality or principle when these are not clear to him; he will make special effort to fully understand his relationship to other public officials, including other law enforcement agencies, particularly on matters of jurisdiction, both geographically and substantively.

Article 4. Utilization of Proper Means to Gain Proper Ends

The law enforcement officer shall be mindful of his responsibility to pay strict heed to the selection of means in discharging the duties of his office. Violations of law or disregard for public safety and property on the part of an officer are intrinsically wrong; they are self-defeating in that they instill in the public mind a like disposition. The employment of illegal means, no matter how worthy the end, is certain to encourage disrespect for the law and its officers. If the law is to be honored, it must first be honored by those who enforce it.

Article 5. Cooperation with Public Officials in the Discharge of Their Authorized Duties
The law enforcement officer shall cooperate fully with other public officials in the discharge of authorized duties, regardless of party affiliation or personal prejudice. He shall be meticulous, however, in assuring himself of the propriety, under the law, of such actions and shall guard against the use of his office or person, whether knowingly or unknowingly, in any improper or illegal action. In any situation open to question, he shall seek authority from his superior officer, giving him a full report of the proposed service or action.

Article 6. Private Conduct

The law enforcement officer shall be mindful of his special identification by the public as an upholder of the law. Laxity of conduct or manner in private life, expressing either disrespect for the law or seeking to gain

38

Ethics

Chapter 2

Police Chiefs Desk Reference

special privilege, cannot but reflect upon the police officer and the police service. The community and the service require that the law enforcement officer lead the life of a decent and honorable man. Following the career of a policeman gives no man special perquisites. It does give the satisfaction and pride of following and furthering an unbroken tradition of safeguarding the American republic. The officer who reflects upon this tradition will not degrade it. Rather, he will so conduct his private life that the public will regard him as an example of stability, fidelity, and morality.

Article 7. Conduct toward the Public

The law enforcement officer, mindful of his responsibility to the whole community, shall deal with individuals of the community in a manner calculated to instill respect for its laws and its police service. The law enforcement officer shall conduct his official life in a manner such as will inspire confidence and trust. Thus, he will be neither overbearing nor subservient, as no individual citizen has an obligation to stand in neither awe of him nor a right to command him. The officer will give service where he can, and require compliance with the law. He will do neither from personal preference or prejudice but rather as a duly appointed officer of the law discharging his sworn obligation.

Article 8. Conduct in Arresting and Dealing with Law Violators

The law enforcement officer shall use his powers of arrest strictly in accordance with the law and with due regard to the rights of the citizen concerned. His office gives him no right to prosecute the violator nor to mete out punishment for the offense. He shall, at all times, have a clear appreciation of his responsibilities and limitations regarding detention of the violator; he shall conduct himself in such a manner as will minimize the possibility of having to use force. To this end he shall cultivate a dedication to the service of the people and the equitable upholding of their laws whether in the handling of law violators or in dealing with the lawabiding.

Article 9. Gifts and Favors

The law enforcement officer, representing government, bears the heavy responsibility of maintaining, in his own conduct, the honor and integrity of all government institutions. He shall, therefore, guard against placing himself in a position in which any person can expect special consideration or in which the public can reasonably assume that special consideration is being given. Thus, he should be firm in refusing gifts, favors, or gratuities, large or small, which can, in the public mind, be interpreted as capable of influencing his judgment in the discharge of his duties.

Article 10. Presentation of Evidence

The law enforcement officer shall be concerned equally in the prosecution of the wrong-doer and the defense of the innocent. He shall ascertain what constitutes evidence and shall present such evidence impartially and without malice. In so doing, he will ignore social, political, and all other distinctions among the persons involved, strengthening the tradition of the reliability and integrity of an officer's word. The law enforcement officer shall take special pains to increase his perception and skill of observation, mindful that in many situations his is the sole impartial testimony to the facts of a case.

Article 11. Attitude toward Profession

The law enforcement officer shall regard the discharge of his duties as a public trust and recognize his responsibility as a public servant. By diligent study and sincere attention to self-improvement he shall strive to make the best possible application of science to the solution of crime and, in the field of human relationships, strive for effective leadership and public influence in matters affecting public safety. He shall appreciate the importance and responsibility of his office, and hold police work to be an honorable profession rendering valuable service to his community and his country. Reproduced with permission of The Police Chief, 2002

Chapter 2

Ethics

39

Police Chiefs Desk Reference

Ethical Climate Assessment Survey

By Chief Larry M. Hesser (Ret.)

An ethical climate is one in which the departments values are routinely articulated, supported, practiced, and respected. The ethical climate of an organization is determined by a variety of factors, including the following: Individual character of unit members, Policies and practices within the organization, Actions of unit leaders, and A variety of environmental and mission factors.

Leaders should periodically assess their organizations ethical climate and take appropriate actions, as necessary, to maintain the high ethical standards expected of public service organizations. This survey will assist you in making periodic assessments and in identifying the actions necessary to maintain a healthy ethical climate.

40

Ethics

Chapter 2

Police Chiefs Desk Reference

Instructions
Answer the questions in this survey according to how you currently perceive your work group or organization and your own leader actions. DO NOT answer these questions according to how you would prefer them to be or how you think they should be. This information is for your use, not your chain of commands to determine if you need to take action to improve the Ethical Climate in your organization.

Use the following scale for all questions in Sections I and II. Strongly Disagree 1 Neither Agree nor Disagree 3 Strongly Agree 5

Disagree 2

Agree 4

Section I:

Individual Character Who are we?

This section focuses on the commitment of your organizations members to Department values. Please answer the following questions based on your observations of the ethical commitment in your unit of assignment. A. In general, the members of my unit demonstrate a commitment to Department values (honor, selfless service, integrity, loyalty, courage, duty, and respect). B. The members of my unit typically accomplish a goal or an objective by doing the right thing rather than compromising Department values. C. I understand, and I am committed to, the Departments values as outlined in the Department written directives.

Total = _______ Section II:

Unit/Workplace Policies & Practices What do we do?

This section focuses on what you, and the leaders who report to you, do to maintain an ethical climate in your workplace. (This does not mean your supervisors. Their actions will be addressed in Section IV). A. We provide clear instructions that help prevent unethical behavior. B. We promote an environment in which subordinates can learn from their mistakes. C. We maintain appropriate, not dysfunctional, levels of stress and competition in our unit. D. We discuss ethical behavior and issues during regular counseling sessions E. We maintain an organizational motto, philosophy, and mission that is consistent with Department values.

Chapter 2

Ethics

41

Police Chiefs Desk Reference

F. We submit unit reports that reflect accurate information. G. We ensure unit members are aware of, and are comfortable using, the various channels available to report unethical behavior. H. We treat fairly those individuals in our unit who report unethical behavior. I. We hold accountable (i.e., report and/or punish) members of our organization who behave unethically.

Total = _______
Use the following scale for all questions in Section III: Hardly Ever 2 Almost Always 4

Never 1

Sometimes 3

Always 5

Section III:

Unit Leader Actions What do I do?

This section focuses on what you do as the leader of your organization to encourage an ethical climate. A. I discuss department values in orientation programs when I welcome new members to my organization. B. I routinely assess the ethical climate of my unit (i.e., sensing sessions, climate surveys, etc.) C. I communicate my expectations regarding ethical behavior in my unit, and require employees to perform tasks in an ethical manner. D. I encourage discussions of ethical issues in After Action Reviews, training meetings, seminars, and workshops. E. I encourage unit members to raise ethical questions and concerns to the chain of command or other appropriate individuals, if needed. F. I consider ethical behavior in performance evaluations, award and promotion recommendations, and adverse personnel actions. G. I include maintaining a strong ethical climate as one of my units goals and objectives.

Total = _______

42

Ethics

Chapter apter 2

Police Chiefs Desk Reference

Use the following scale for all questions in Section IV.

Note: the scale is reversed for this section (Strongly Agree is scored as a 1, not a 5)

Strongly Agree 1

Agree 2

Neither Agree nor Disagree 3

Disagree 4

Strongly Disagree 5

Section IV:

Environment/Mission Factors What surrounds us?

This section focuses on the external environment surrounding your organization. Answer the following questions to assess the impact of those factors on the ethical behavior in your organization. A. My unit is currently under an excessive amount of stress (i.e., inspections, limited resources, training events, deadlines, etc.). B. My higher unit leaders foster a zero defects outlook on performance, such that they do not tolerate mistakes. C. My higher unit leaders over-emphasize competition between units. D. My higher unit leaders appear to be unconcerned with unethical behavior as long as the goal, objective or mission is accomplished. E. I do not feel comfortable bringing up ethical issues with my superiors. F. My peers in my unit do not seem to take ethical behavior very seriously.

Total = _______ Summary:

Place the Total Score from each section in the spaces below:
(A score of 1 or 2 on any question requires some immediate leader action.)

Section I Individual Character Total Score Section II Unit/Workplace Policies & Practices Total Score Section III Unit Leader Actions Total Score Section IV Environmental/Mission Factors Total Score

______ ______ ______ ______

ECAS TOTAL SCORE (I + II + III + IV)

25 75 Take Immediate Action to Improve Ethical Climate 76 100 Take Actions to Improve Ethical Climate

= _______
101 125 Maintain a Healthy Ethical Climate

(This Assessment Survey is adapted from the IACPs Leadership in Police Organizations, 2003.)

Chapter 2

Ethics

43