LEA 101 Midterm PDF

LEA 101 LAW ENFORCEMENT ORGANIZATION AND ADMINISTRATION (Inter-Agency Approach) Raul Patrick R. Abella, RCrim., MSCrim  PRINCIPLES OF POLICE ORGANIZATION 1.Principle of Unity Objectives - ​Every police officer should play a part in the a...

LEA 101 LAW ENFORCEMENT ORGANIZATION AND ADMINISTRATION (Inter-Agency Approach) Raul Patrick R. Abella, RCrim., MSCrim  PRINCIPLES OF POLICE ORGANIZATION 1.Principle of Unity Objectives - ​Every police officer should play a part in the attainment of the objectives of the police organization. 2.Principle of Organizational Efficiency - ​This principle requires that, in order that the PNP organization is effective, it must be structured in a certain manner to accomplish the objectives with a minimum cost. 3.Scalar Principle - ​This principle requires a vertical hierarchy of an organization which defines the unbroken chain of units and command from top to bottom describing explicitly the flow of authority. a.Unity of Command It states that a group of police officers should only be under the control of one superior or ranking police officer. b.Span of Control It states that a senior police officer should be provided with men not more than what he can effectively direct. c.Delegation of Authority A superior officer must designate some of his immediate subordinates to exercise a part of his administrative power. However, the power passed on by the superior officer carries an appropriate responsibility. 3.Functional Principle - ​This principle is otherwise known as division of work according to type, place, time, and specialization. 4.Line and Staff Principle - ​It implies a system of varied functions arranged into a workable pattern. 5.Principle of Balance - ​Application of the principles of organization must be balanced to ensure the effectiveness of the patrol force in accomplishing its objectives. 7. Principle of Absoluteness of Responsibility - It states that the responsibility for performance of the deputy chief to the chief of police is absolute (unconditional) and vice versa, and that the chief of police cannot escape his accountability on the activities performed by his subordinates. 8. Principle of Flexibility - It states that there is higher tendency that the PNP can fulfill its purpose if the organization receives more provisions for flexibility (adaptability). 9. Principle of Authority Level (Hierarchy of Authority) - Decisions within the authority of the police station commanders should be made by them and should not be referred to their superiors, such as the police district commander (or PNP provincial director). 10.Principle of Parity and Responsibility - The responsibility of the head of the Investigation Section for the actions of his detectives cannot be greater than that implied by the authority he has delegated, nor should it be less. SHORT QUIZ 1  Police leadership and supervision is designed to help maximize leadership with the officers being supervised, and Strengthen relationships with those around. On the other hand, part of police supervisors' and leader’s responsibilities is to ensure that their subordinates do their tasks properly, appropriately, and legally. Hence, they are bound to maintain well-disciplined men and women under their watch. In case of violation, they are armed with the disciplinary system to be used when needed. A. THE POLICE SUPERVISOR Supervisor In its generic sense, it refers to a person in charge of setting goals for performance and deadlines in ways that comply with the organization’s In its and plans strict sense, it refers to a person in charge of organizing vision. the workflow. It ensures that subordinates understand their duties or delegated tasks, monitors productivity, and provides feedback and coaching. Basic Responsibilities of the Police Supervisor 1. Direction 2. Creation of a suitable working climate 3. Employee development 4. Self-development B. POLICE LEADERSHIP An activity of influencing people to work harmoniously toward some goal which they come to find desirable. Also, the ability to obtain from each member of the force the highest quality of service he can render. The process by which an individual can influence others to willing make their best effort to achieve the organization's goals.  The Five Leadership Styles 1. Autocratic - The superior assumes full responsibility for all actions and seeks obedience from the group in the following out of orders. He determines all policies and considers decision-making to be a one-man operation. 2. Democratic - The superior draws ideas and suggestions from his group employing discussion and consultation; the staff is encouraged to decide policy, methods, goals, etc. “participatory leadership” respect other ideas” 3. Free-Rein or Laissez-faire - The superior is more or Jess an information booth. He plays down his role in the group's activities; he mainly provides materials and information, together with minimum control. The leader interferes very little with workers. Productivity and morale suffer, and unofficial leaders emerge. 4. Transactional Leadership – this strategy is strongly disciplinary and called a leadership style of telling. The leader gives instruction to the members of his team and then uses various incentives and punishments either appreciate or punish what they do in response. 5. Transformational Leadership – this is style of leadership by empowering their workers to change, leaders are trying to enhance or transform the individual or group into which they lead. Attributes of a Good Leader 1. They manage time effectively. 2. They delegate matters that do not require their attention 3. They are result-oriented 4. Know their strengths and the strengths of those who work for them. More importantly, they build on these strengths. 5. They do not spread themselves too thin. They concentrate on few areas in which outstanding results can be obtained. 6. They are effective decision-makers. They realize that decision making is a matter of following a proven system. C. DISCIPLINE Basic Concepts and Principles on Discipline Discipline is derived from the root word "Disciple," meaning Follower or student" Thus, discipline is a two-sided coin-positive and Negative Discipline. Forms of Positive Discipline 1. Formal training 2. On-the-job training 3. Corrective interviews 4. Counseling Forms of Negative Discipline 1. Oral reprimand or warning 2. Written reprimand 3. Loss of assignment 4. Loss of accrued time 5. Suspension without pay 6. Suspension without pay followed by a probationary period 7. Fines 8. Demotion 9. Termination 10. Judicial action The "Hot-Stove Rule" in Discipline Propounded by Douglas McGregor, it suggests that in disciplining erring subordinates, the disciplinary action should be immediate, with a warning, consistent and impersonal. Steps in the Application of "Hot-Stove Rule" 1. Immediate investigation of the offense must be done to determine the facts 2. Previous warning 3. Consistency 4. Disciplinary action must be impersonal VERY SHORT QUIZ # 2  The PNP Disciplinary System Offenses Subjected to Police Administrative Disciplinary System 1. Citizen's Complaints- A formal charge initiated by a natural or juridical person or his/its duly authorized representative or guardian on account of an injury, damage, or disturbance sustained due to irregular or illegal act or omission of a PNP member 2. Breach of Internal Discipline - Any offense committed by a member of the PNP involving minor offense and affecting order and discipline within the police organization. 3. Summary Dismissal Cases - With notice and without notice.  Administrative Offenses Covered by the Disciplinary System 1. Neglect of duty or nonfeasance 2. Irregularities in the performance of duty or misfeasance 3. Misconduct or malfeasance 4. Incompetence 5. Oppression 6. Dishonesty 7. Disloyalty to the government Misfeasance – the improper performance of some act which might lawfully be done. (Ginawa ang trabaho pero hindi TAMA, Illegal Search) Malfeasance – is the doing, either through ignorance, inattention or malice of that which the officer had no legal right to do at all, as where he acts without any authority whatsoever, or exceeds, ignores or abuse the powers. (May ginawa ka pero hndi dapat gawin o hindi kasama sa trabaho) (Bribery, Police Corruption, Police misconduct) Non – feasance – Omission or refusal, without sufficient excuse, to perform an act or duty which, it was the peace officer legal obligation to perform, it implies a duty as well as its breach and the fact can never be found in the absence of a duty. ( Hindi ginawa o iniwasan ang trabaho) (failing to stop a speeding vehicle or failing to stop rioters from destroying property) Scenario 1 Si A pinatay nya si B. Ngayon si A inamin nya ang pag patay kay B. ngunit, si prosecutor C hndi sinampahan ng kaso si A. ano ang tawag sa ginawa ni prosecutor C? Ang ginawa ni prosecutor C ay considered as NONFEASANCE base scenario inamin ni A na sya ang pumatay kay B at dahil jan may kaso sana na isasampa sakanya ngunit hindi isinampa ni prosecutor C. Second Scenario Ngayon naman, Sinampahan ni prosecutor C si A sa pagpatay nito kay B ngunit, si Judge D ay may galit pala kay B ang biktima. Malakas ang ebidensya laban kay A base sa mga ebidensya na sinubmit sa korte dahil galit si judge D kay B na biktima, inaquit ni Judge D si A. Ano ang tawag sa ginawa ni judge D? Ang ginawa ni judge D ay considered as MISFEASANCE nag render nga ng desisyon si Judge D ngunit hindi makatarungan. Third Scenario Si A Biglang binawi ang pagamin sa pagpatay kay B sa kadahilanang ayaw nitong makulong at gumawa ng paraan sa pamamagitan ng pagbayad ng malaking pera kay judge D para hindi e konsider ang kanyang pagamin si judge D ay tinanggap ang bayad at inaquit si A. Ano ang tawag sa ginawa ni judge D? Ang ginawa ni judge D ay considered as MALFEASANCE Incompetence – manifest lack of adequate ability and fitness for the satisfactory performance of police duties. Oppression – The exercise of the unlawful power or other means, in depriving an individual of his liberty or property against his will. Dishonesty – concealment of distortion of truth in a matter or act relevant to one’s office, or connected with the performance of his duties. Disloyalty to the Government – abandonment or renunciation of one’s loyalty to the government or advocating the overthrow of the government. Acts Constituting BREACH OF DISCIPLINE in the PNP: 1. Simple misconduct and negligence 2. Insubordination 3. Frequent absences or tardiness 4. Habitual drunkenness 5. Gambling prohibited by law  Summary Dismissal Cases 1. With Due Notice and Summary Hearing 1.1 When the charge is serious, and evidence of guilt is strong. 1.2 When the respondent police officer is a recidivist or has been repeatedly charged, and there are reasonable grounds to believe that he is guilty of the charges. 1.3 When the respondent police officer is guilty of a serious offense involving conduct unbecoming of a police officer. 2. Immediate Dismissal - When, the PNP Officer, goes on the absence without leave (AWOL) for a continuous period of thirty (3o) days or more. Very Very Very Short Quiz 3 Disciplinary Authorities ON CITIZEN'S COMPLAINTS 1. Chief of Police - Offense is punishable by withholding privileges, restriction to specified limits, suspension or forfeiture of salary, or any combination thereof, for a period not exceeding fifteen (15) days. 2. Mayors of Cities or Municipalities - The offense is punishable by the withholding of privileges, restriction to specified limits, suspension or forfeiture of salary, or any combination thereof, for not less than sixteen (16) days but not exceeding thirty (30) days. 3. People's Law Enforcement Board (PLEB) – Offense is punishable by withholding privileges, restricting specified limits, suspension or forfeiture of salary, or any combination thereof, for a period exceeding thirty (30)days; demotion or by dismissal from the service.  Disciplinary Authorities on BREACH OF INTERNAL DISCIPLINE 1. Chiefs of Police or Equivalent Supervisors - The imposable penalty is a warning; reprimand; restriction to specified limits; withholding of privileges; forfeiture of salary Provided, thatorinsuspension; all cases. theor total any combination thereof: period shall not exceed fifteen (15) days. 2. Provincial Directors or Equivalent Supervisors - The imposable penalty is warning or reprimand; restrictive custody; withholding of privileges: forfeiture of salary or suspension; or any combination of the foregoing: Provided, that in all cases. the total period shall no exceed thirty (30) days. 3. Regional Directors or Equivalent Supervisors - The offense(s) is punishable by dismissal from the service, warning or reprimand; restrictive custody; withholding of privileges; suspension or forfeiture of salary; demotion; or any combination of the foregoing: Provided that in all cases. The total period shall not exceed sixty (60) days. 4. Chief of the PNP - Offense(s) is punishable by dismissal from the service, demotion, suspension, or forfeiture of salary, or any combination thereof for a period not exceeding one hundred eighty (180) days. Restrictive custody during the pendency of a grave administrative or criminal case against the erring police officer.  Disciplining Authorities on SUMMARY DISMISSAL CASES 1.National Police Commission 2.PNP Chief 3.PNP Regional Directors VERY VERY VERY VERY SHORT QUIZ  Disciplinary Appellate Boards/Bodies 1. Regional Appellate Board (RAB) and National Appellate Board (NAB) of the National Police Commission (NAPOLCOM) 2. Secretary of the Department of Interior and Local Government (SDILG) 3. Civil Service Commission (CSC) Regional Appellate Board (RAB) Composition of the RAB 1. Senior Officer of the NAPOLCOM Regional Office Chairperson 2. One (1) representative each from the PNP- Member (term of 3 years) 3. Regional Peace and Order Council- Member (term of 3 years) Cases Appealable to the RAB: 1. Decisions of the PLEB where the penalty is DEMOTION OR DISMISSAL from the service; 2. Decisions of the PNP Regional Director or equivalent supervisor, where the penalty imposed is DEMOTION OR DISMISSAL from the service; 3. Decisions of city and municipal Mayors in cases falling within their respective jurisdictions; 4. Disciplinary recommendations of the Regional IAS were not acted upon by the PNP regional director or equivalent supervisor within thirty (30) days from submission by the Regional IAS, where the recommended penalty is DEMOTION OR DISMISSAL from the service  Effect of the Failure of RAB to Decide on Appeal Cas within the Reglementary Period of 60 Days. 1. The decision of the disciplinary authority shall become final without prejudice to the filing of an appeal by the party adversely affected to the SILG; 2. The RAB concerned shall automatically make a written explanation to the NAPOLCOM en Banc on its failure to do so; and, 3. The NAPOLCOM en Banc shall order the conduct of investigation against the RAB Chair and PNP representative concerned if it appears from the explanation that evident neglect of duty was committed National Appellate Board (NAB) Composition of the NAB: 1. Vice-chairperson and Executive Officer Chairperson 2. Four (4) Regular Commissioners  Cases Appealable to the NAB: 1. Decisions of the Chief, PNP where the penalty imposed is DEMOTION OR DISMISSAL from the service; 2. Disciplinary recommendations of the Inspector General, IAS that were not acted upon by the Chief, PNP within thirty (30) days from submission by the Inspector General, IAS where the recommended penalty is DEMOTION OR DISMISSAL; and 3. The decision of the Inspector General affirming the Resolution of the Regional IAS, dismissing the complaint about lack of probable cause.  Cases Appealable to Secretary to the SILG: 1. Decisions of the NAB and the RAB Cases Appealable to the CSC: 1. Decisions of the SILG in the exercise of its appellate jurisdiction 2. Decisions of the NAPOLCOM en banc as summary dismissal authority Preventive Suspension When: Upon motion of the complainant, at any time after a case is formally filed but before the presentation of complainant’s evidence is terminated. Period: not exceeding ninety (90) days  Grounds/Circumstances: 1. Preventive Suspension by the Disciplinary Authority 1. The charge is grave. and the evidence of guilt is strong; or 2. Evidence shows that the respondent exerts efforts to harass, intimidate, coerce, or unduly influence the complainant or his/her witnesses into drawing his complaint or retracting his sworn statement or that of his witnesses against the respondent -, or tampering with the evidence.  2. Preventive Suspension Upon Request by the PLEB 2.1 The respondent refuses to heed the PLEB’s summons or subpoena. 2.2 The PNP personnel has been charged with offenses involving bodily harm or grave threats. 2.3 The respondent is in a position to tamper with the evidence. 2.4 The respondent is in a position to unduly influence the witnesses Classification of Orders 1. Command or direct orders 2. Request orders 3. Implied orders 4. Call for volunteers ARE YOU HAPPY? VERY VERY VERY VERY VERY SHORT QUIZ  PNP Complaints and Grievance System Complaint. A verbal or written expression of the feeling of dissatisfaction with some aspects of personnel working conditions, relationships of status which are beyond the capacity of the PNP members to change or control unilaterally. Grievance. In the first instance and the employee's/subordinates opinion, a complaint in writing has been ignored, overridden, or dropped without consideration. Grievance Procedure. The method of determining and finding the best way to remedy the specific cause or causes of a complaint or grievance and the system to ensure the adjudication of such. Four-Step Approach in Handling Grievances 1. Receive the grievance properly 2. Gather the necessary facts 3. Make a decision, and implement it 4. Take follow-up action  Complaints and Grievance Policy (NAPOLCOM MC No. 93-021) PNP uniformed personnel shall have the right to present complaints and/or grievances to the management and have them settled as expeditiously as possible in the best interest of the employee concerned, the PNP organization, and the government as a whole. Towards this end, the PNP management shall ensure the fair, speedy and equitable settlement of employee complaints and/or grievances according to approved rules and procedures. Scope of Complaints and Grievance Machinery PNP Complaints and Grievance Machinery cover grievances on uniformed PNP Personnel against: 1, Peers 2. Supervisors and subordinates of parallel units 3. Rules/Circulars and implementation  Matters/ Issues Covered by Complaints and Grievance Machinery 1. Implementation of policies, practices, and procedures 2. Exercise of discretion 3. Favoritism or improper placements or assignments or transfers 4. Conferment/giving of recommendations and awards, promotions, and salary increases. 5. Working conditions 6. Tools and equipment 7. Any other similar and significant matters that may cause employee/subordinate 8. Dissatisfaction  BUILDING AND MAINTAINING POLICE OFFICER'S MORALE Morale. A state of mind which reflects the degree to which a member of an organization has confidence in the organization and the other members of his workgroup. Also, a reflection of the degree to which an employee believes in its objectives and desires to accomplish them.  Factors that Affect Morale 1. Quality of Leadership 2. Salary levels and other remuneration received by employees, including fringe benefits 3. Levels of discipline in the organization 4. Quality of supervision received 5. Opportunity for individual growth and prormotion 6. Working Condition in general Criteria in Measuring Morale 1. Quality and quantity of work performed 2. Absentee rates 3. The volume of negative disciplinary actions 4. Number of grievances reported 5.Group cohesiveness 6. The general appearance of personnel 7. Accident rates 8. Attitudes toward the leadership and goals of the group Strategies in Building Morale 1. Administer discipline fairly and impartially. 2. Praise employees in public, and criticize them in private. 3. Always recognize good performance. 4. Provide employees with an opportunity for individual growth. 5. When possible, explain the reasons for departmental policies and procedures. 6. Distribute work fairly and equitably. END OF MIDTERM