Chapter 5.txt

your ethical armor; this is where you lead by example “Good actions give strength to ourselves and inspire good actions in others.” — Plato I     t was just past midnight. I was flying down Georgia Avenue with lights and sirens blaring. I had graduated from the police academy and was a month into my...

your ethical armor; this is where you lead by example “Good actions give strength to ourselves and inspire good actions in others.” — Plato I     t was just past midnight. I was flying down Georgia Avenue with lights and sirens blaring. I had graduated from the police academy and was a month into my field training program. My Field Training Officer (FTO) was in the passenger seat calmly giving me encouragement, “Clear on the left, go, go, go! Watch the next intersection. We need to get there.” An officer had called out for assistance minutes earlier. While he didn’t use the ten code for “officer in distress,” he had asked for backup “code 3.” My FTO knew the officer. He was a well-respected cop who did not get on the radio unless he needed to. She knew he needed help, right now. My FTO directed me to the dead end of a park. As we slid to a stop, the headlights illuminated the officer as he swung his fist and connected with the bad guy’s face. We jumped out of the car and watched him do it again, and again, and again. The bad guy was not resisting and barely looked conscious. As we approached, I could see both were dirty; clearly there had been Leader Armor for Law Enforcement 84 a fight. The officer saw us approaching and slammed the bad guy’s head onto the trunk of his cruiser. He saw us and said, “I’m good now. Thanks.” I looked at my FTO, who looked at me and said, “Let’s go.” As we left, several more cruisers were rolling in. It was clear my FTO was uncomfortable with the events we just witnessed. As a rookie, I had questions about what I saw. My FTO finally said, “Let’s not talk about that one. Head to the station so you can finish your reports.” My questions were left unasked and unanswered. My FTO was unprepared for what we witnessed; she didn’t know what to say to me. Apparently, they did not discuss this scenario in FTO school. I was also unprepared for what I saw. They certainly did not talk about that type of scenario in the academy. That was in 1996. Times have changed. Policing has changed. We must change. e Where do you draw the line? In our profession, the topic of officer safety comes up a lot. Physical safety is imperative in our line of work. We need to have the training, equipment, and tactics to keep us from harm or death. We also need to consider our legal safety so we do not lose our jobs or freedom. To avoid legal jeopardy, especially as a supervisor, we must set the example and act in an ethical manner, always. Many of us feel our profession has come under attack and our community and leadership lends no support.28 This happens when trust between the police and the community they serve erodes. How does this trust crumble? When the actions of one officer makes headlines or is captured on video engaging in unethical conduct, we all suffer for it. In 1991, the video depicting the beating of Rodney King by four Los Angeles cops caused an erosion of trust between many communities and their police departments. On May 25, 2020, George Floyd died while in the custody of four Minneapolis police officers. Every cop I know condemns the conduct of the officers in both cases. All cops suffer for the conduct Your Ethical Armor; This Is Where You Lead by Example 85 of a few bad ones. “Law enforcement is the only profession where you get rocks, bricks, and Molotov cocktails thrown at you merely because you’re in the same chosen profession as someone else who did something horribly wrong thousands of miles away.”29 You will not see rioting in the streets after a doctor, lawyer, or dentist causes the death or kills one of their patients/clients. Our profession is different. Like it or not, that is reality. Each and every one of us is responsible for the reputation of the agency we serve and our profession as a whole. When it comes to ethics and building trust, you are the tip of the spear. Your actions will serve to set the minimum standard for what constitutes ethical behavior among the people you lead. In this chapter, I’m suggesting that you decide now where you draw the line, and let your people know where it is. Don’t wait until you are in the thick of a situation to decide. President’s Task Force on 21st-Century Policing On May 18, 2015, the 11 members of the President’s Task Force on 21st-Century Policing turned in their final report. If you are a law enforcement supervisor and have never read this report, you’ve got some catching up to do.30 The report consists of six main ideas or pillars designed to build trust between the police and the communities we serve. If you have not picked up on it yet, trust is a major part of your leader armor. Building trust with the people you lead is a mandatory tool for every leader’s belt. Each and every one of us is responsible for the reputation of the agency we serve and our profession as a whole. Leader Armor for Law Enforcement 86 The first pillar of the report is Building Trust and Legitimacy. “People are more likely to obey the law when they believe that those who are enforcing it have authority that is perceived as legitimate by those subject to the authority.”31 This is simply an extension of the Legitimate Base of Power we learned about in Chapter 3. Those you lead are more likely to follow your order or request if they believe it is something you are authorized or sanctioned to ask for. A member of your community is more likely to obey the law and your commands if they believe you are acting within the scope of the authority granted to you by your office. One of the main reasons members of our profession feel they are under attack is due to the actions of those few Law Enforcement Officers (L.E.O.) who act unethically. Of course, these unethical acts end up making news headlines and are often captured on video. These acts then feed the view that law enforcement officers are corrupt and untrustworthy. In a recent poll, only 54% of people rated police officers as being honest and having a “high” or “very high” ethical standard.32 This was down from 58% in 2016 and quite low compared to nurses, who have scored 85% and at the top of the list since 2016. This lack of trust leads to a lack of support by many members of our communities and even a few who feel they must wage war with us, who judge all of us based on the actions of a few of us. So why do the actions of the few tarnish the badge of the many? Does this happen with other professions? Even nurses, on occasion, violate the law and get arrested.33 But when a nurse gets arrested, it usually does not make the news. Why? Unlike nursing or any other With that great power comes great responsibility. Like it or not, law enforcement officers are held to a higher standard. Your Ethical Armor; This Is Where You Lead by Example 87 profession, we are given the power to take freedom and even someone’s life. With that great power comes great responsibility. Like it or not, law enforcement officers are held to a higher standard. You chose to work for a law enforcement agency. You competed to be where you are and were selected among many other candidates who applied for your job. Plato said, “In a republic that honors the core of democracy—the greatest amount of power is given to those called Guardians. Only those with the most impeccable character are chosen to bear the responsibility of protecting democracy.” You must live up to this expectation, that you will have impeccable character, every day. You cannot control how the members of your community view law enforcement. You cannot control the words or behavior of those you serve. However, you can influence these things. You can do this by controlling your own actions and influencing the actions of those who work with and for you. To ensure you and those who work for you act ethically in your role as a guardian of your community, it is time to add another piece to your leader armor. It is time to arm yourself with your SPEAR. The S.P.E.A.R. Model for Ethical Behavior The Spartans were seen as the epitome of all the warriors in Ancient Greece. The Spartans’ code of honor served as a guide to behavioral expectations. Chances are, your organization has an honor code, values statement, and/or a mission statement.34 Do you know what it is? There is probably a copy, written and framed, hanging on the walls of your agency. Have you passed it so many times you don’t even notice it anymore? You probably had to recite it during your academy, but when is the last time you talked about it among your fellow officers? The primary weapons of the Spartan warriors were their shield and spear. They took great pride in their physical training, tactics, and bravery. They stood shoulder to shoulder in a phalanx and used their overlapping shields to protect one another and their spears to pierce their enemies. We share some attributes with these ancient warriors. We all wear a Leader Armor for Law Enforcement 88 badge, shield, or star, which is symbolic of our role as guardians. We must also be warriors, when circumstances demand, so we practice defensive tactics and protect each other from harm. Yes, there are some individuals who seek to harm us, and we must be prepared to go engage them. They are not the biggest threat. We must go to battle, but our enemy is not the community we serve. The greatest threat we face is the enemy within. We, my brothers and sisters, are our own worst enemies. Unethical behavior is what I’m talking about, and it is our common enemy. We must protect each other, not by covering up for each other, but by not allowing your brother or sister to act in an unethical manner. If we can defeat this enemy, we will build more trust with the community we are sworn to protect. As a first-line supervisor, you must be the tip of the S.P.E.A.R. and model the behavior you expect from those you lead. The S.P.E.A.R. model is easy to understand, but sometimes difficult to wield. It represents Stress, Professionalism, Explain (your actions), Accountability, and Respect. Let’s examine each part of this model. Stress “I couldn’t help myself. I was stressed.” “I don’t know, I just snapped.” “I just went into condition black; I don’t even remember doing it.” While these statements might be true, they might not be good enough to keep you out of court, out of jail, or out of the unemployment line. Yes, sometimes, stress leads to or is a contributing factor in unethical behavior. Everyone has a breaking point. Once this is reached, we We must go to battle, but our enemy is not the community we serve. The greatest threat we face is the enemy within. Your Ethical Armor; This Is Where You Lead by Example 89 often say something or do something we later regret. To prevent or mitigate this type of thing from happening, we must understand a little about how our brain and our bodies work. Our brains were wired, a couple of hundred thousand years ago, to react a certain way whenever we experience threatening events. This can be a physical threat, such as a suspect reaching for a weapon, or even something we perceive as a threat to our self-image, pride, or ego (i.e. when a person challenges our authority). This threat is perceived before you are consciously aware it is happening by the primitive part of our brain called the amygdala. The amygdala is your brain’s early-warning system. Under normal conditions, your logical brain, the prefrontal cortex, is in control and makes decisions. When the amygdala senses danger, real or perceived, it triggers an alarm and shuts off the or higher-level thinking parts of your brain, allowing only functions crucial to survival to work. In other words, the amygdala hijacks your brain.35 When the prefrontal cortex is temporarily held hostage, you can’t think rationally, and you don’t give consideration to the long-term consequences of your actions or words. At this point, your brain forces your body to go into fight, flight, or freeze mode. When the prefrontal cortex is temporarily held hostage, you can’t think rationally, and you don’t give consideration to the long-term consequences of your actions or words. Leader Armor for Law Enforcement 90 Most of the time, the amygdala hijack is a good thing. It allows us to react to a physical threat and keeps us safe. Sometimes, however, it goes on too long and results in excessive force or the more-common courtesy complaint. So, if this is an automatic response, hard-wired into our brains, what do we do about it? We have to look out for each other. If you are in the middle of an amygdala hijack and struggling to physically control a suspect, I, as your partner, have to be on the lookout that you do not go too far. I have to be ready to jump in, and not only help protect you from the suspect but also protect the suspect from you, should your force start to become more than is reasonably necessary to effect the arrest. Think of it as an extension of my duties as cover officer. You are contact and dealing with the situation. I have to be cover, not only protecting you from external harm, but ensuring you don’t bring harm to yourself. I have to be a little more detached and not let my thinking brain shut down. I need you to do the same thing for me if and when the situation is reversed. Don’t let each other get into trouble because of a loss of temper. Don’t let each other fall victim to the amygdala hijack. Be the guardian for your brother and sister officer. If you sense they are starting to lose it, step in. This can be as simple as a touch on the shoulder and a statement, “Hey, I got this one.” Give them a chance to cool off and let their thinking brain come back online. They might be upset with you in the moment, but they will thank you later. Don’t let each other fall victim to the amygdala hijack. Be the guardian for your brother and sister officer. Your Ethical Armor; This Is Where You Lead by Example 91 Professionalism Your appearance, your behavior, and your knowledge matters. Be the model officer, dispatcher, deputy, or agent. Dress the part. Wear your uniform or suit in an exemplary manner with brass polished, shoes shined, and gig-line straight. Your knowledge and mastery of criminal law, traffic law, local ordinances, physical control tactics, and the rules and regulations of your agency are critical. Master every aspect and skill necessary to do your job in a professional manner. Why? Because someone will test you. There is a common phenomenon where those who are not fans of law enforcement try to bait us into acting in an unprofessional manner. They are the street lawyers who do some research on laws and your department policies. Then they try to test you, get you to lose your temper, act unprofessionally, or violate a law or policy. Of course, they video record the encounter and use the video in a lawsuit or simply publish it on YouTube to try to embarrass you and your agency. I call this contempt of cop and you can see hundreds of videos on the internet where L.E.O.s have fallen for the tactic. If you are truly a professional, you will not fall victim to contempt of cop. Too many officers are baited by this simple, but effective, strategy and end up with a sustained complaint in their file. Protect yourself and those you work with by being an expert on the law, policies, and procedures of your agency. Explain (your actions) How many times have you gun-faced someone, ordered them to the ground, and detained them because they matched If you are truly a professional, you will not fall victim to contempt of cop. Leader Armor for Law Enforcement 92 the lookout for a violent crime? How often has the person you stopped not been the criminal you were looking for? How often did you take time and really explain why you did what you did? You might be the exception, but often the explanation sounds like, “Look, you fit the description. It wasn’t you. You’re free to go. Get outta here!” Think about it; how would you feel if you or a member of your family were treated that way? As a professional, you know why things are done a certain way. You know to watch hands, keep them out of pockets, and maintain a reactionary gap with those you interact with. Officer safety is number one; I get it. Officer safety should also include keeping yourself and your coworkers out of internal affairs and out of civil court. Never do anything to jeopardize your safety. Use appropriate tactics and handle the scene, but after the situation is safe, take the time to explain your actions. Those you serve do not have the knowledge and expertise you do. Think of them as being at the unconscious and incompetent stage regarding police procedure. They do not have all the facts you know about. Take a few minutes and educate them. If the person asks for your name and badge number (or I.D. number, etc.), give it to them. Most agencies have a policy requiring employees to do so, so why wouldn’t you provide the information when asked to? If you have done your job correctly and professionally, you’ve got nothing to hide. I encourage you to go even further and write your supervisor’s name on the back of your card and say something like, “Here is my Officer safety should also include keeping yourself and your coworkers out of internal affairs and out of civil court. Your Ethical Armor; This Is Where You Lead by Example 93 business card and my supervisor’s name. Feel free to contact him about this issue.” Encourage those you lead to do the same thing. You’d be surprised how many times this short-circuits a complaint. I’ve seen too many complaints that could have been avoided if the officer had just taken a few minutes to explain their actions and given out a business card. Accountability As an officer, deputy, or dispatcher, you are accountable for your own actions. In the world where everyone has a cell phone camera, most L.E.O.s wear body-worn cameras, and all calls are recorded, being responsible for our words and actions is a given. As a first-line supervisor, you are also accountable for the actions of those who work for you. The people you lead should see you as a true professional who displays conscious competence in your role as a leader. They should know that your integrity is beyond reproach. They should know that not only will you hold yourself accountable, but you expect them to hold you and each other accountable. If your expectations for ethical conduct are clear, accountability will follow. Roll call or shift briefing is an ideal time to talk about accountability. This is where you, as a supervisor, explain where you draw the line on appropriate and ethical behavior. Present a scenario, like the one at the beginning of this chapter, to your troops and have a discussion about the best way to handle the situation. Bring up the concept of having an ethical cover officer who watches for the amygdala hijack and must be prepared to intervene to protect us from ourselves. I cannot tell you where your lines of ethical behavior are. If you are unsure, your agency has a mission statement. Start there. One thing is certain: you must know where your line is, and your people must be clear on where you stand. They must also know how and when to hold each other, including you, accountable. Leader Armor for Law Enforcement 94 Respect Building trust with the community is not just about reducing crime; it is about treating everyone with respect. “It turns out people don’t care as much about crime rates as they do about how they are treated.”36 In our academy, like many others in the world, police recruits are taught to make eye contact and greet everyone they encounter in the hallways. If they see a uniformed officer, they are to address them by rank, “Sergeant, good morning, sergeant.” For anyone else, be it a member of the housekeeping staff or a state senator, the greeting is “Ma’am, good morning, Ma’am!” or “Sir, good morning, Sir!” Treating another human being with respect causes a release of serotonin, often referred to as one of the happiness chemicals in our brain—you will learn more about these chemicals in the next chapter. Happy people who are treated with respect are more likely to reciprocate and treat others with respect. Does this guarantee every person you treat respectfully will treat you the same way? Of course not. Doesn’t it make sense, however, to play the odds by starting out treating everyone with respect? You Probably Won’t Win the Popularity Contest It was Friday night, and the foot chase was on. A few minutes earlier, we had picked off our second crack buyer, a simple $20 rock purchase from Dougie Drug Dealer. We went to put the “habeas grabbus” on Mr. Dealer and he bolted like a greyhound. Four of us were chasing after him, hearts pumping and adrenaline dumping. Did I mention I loved my job? I was rounding the corner of the fire station on Montgomery Village Avenue when I saw Mr. Dealer trip and go down in the grass. A couple of my SAT detectives were so close behind him they fell right on top of Mr. Dealer and the dogpile began. I was a few steps behind (okay, several steps behind) and saw the struggle to get the handcuffs on Mr. Dealer’s wrists. The cuffs went on, but the struggle continued. I caught my breath and then jumped in to help. By help, I Your Ethical Armor; This Is Where You Lead by Example 95 mean that I grabbed one of my detectives and pulled him off Mr. Dealer, yelling, “That’s enough! He’s in cuffs!” The struggle ceased and everyone disengaged from the pile. While this wasn’t my first foot chase—far from it —it was, however, my first foot chase as a supervisor. You see I wasn’t one of the boys anymore, I was the boss. I was also the last one there, so I had a more detached view of the events. Not everyone could see when the handcuffs went on, but I could. With the previous supervisor, the rule had always been, no use of force after the handcuffs go on. To this day, I’m not sure if I was being tested in my new role or if the adrenaline had taken over. To me it didn’t matter. The rule stayed the same and we each had to be the enforcers of the rule. I know my actions were not popular with everyone on the team, but they were necessary. In your role as supervisor, you must wear your ethical armor at all times. Arm yourself with your SPEAR to do battle against unethical behavior. Take the time to let your people know where your lines are drawn. Model ethical behavior at all times. If you do these things, if you encourage all your people to carry a SPEAR with them, we can put internal affairs out of business. Leader Armor for Law Enforcement 96 Chapter 5: Lessons Learned When it comes to ethical behavior, you must lead by example. Have a plan to handle unethical behavior before you are confronted with it. Have ongoing discussions with your people about ethics. Use the SPEAR model to practice ethical behavior.