The recruitment and retention of
qualified criminal justice personnel is the greatest challenge facing the law
enforcement community today. Hardly anyone would disagree that it is very
difficult to recruit and retain police officers these days. The dilemma facing
most administrators is that they sometimes inherit or retain an unfit employee.
When law enforcement officers fail to execute their assigned duties, perform
them in a negligent fashion, abuse their authority or just make poor decisions,
the possibility of civil liability exists (Kappeler, 1997). If the Sheriff or
the Chief attempts to take any action against the employee, they could face a
law suit. If they take no action against the employee and allow him/her to
continue in their position the department could be liable for negligent
retention. In a 1997 decision, the Supreme Court held that law enforcement and
government entities could be held liable under Section 1983 if the plaintiff’s
injury was an obvious and direct consequence of a bad hiring decision on the
part of an agency (Swan, Territo, & Taylor, 2005).
Negligent retention is a legal
principle which identifies that an agency may be liable for negligence in
retaining an officer/deputy who injures someone when the agency should have
foreseen the harm based on that employees past performance. Negligent retention
is the focus of behaviors after the individual has been hired as opposed to
negligent hiring which focuses on an individual’s behavior prior to being hired.
If the administration becomes aware through actual or constructive knowledge,
that an officer/deputy is unfit to perform their duty, and the individual is
retain, the agency may be held liable for the actions of the officer/deputy. The
agency has a duty to exercise reasonable care in hiring individuals who, because
of the type of employment and amount of contact with the public, may pose a
threat of injury to members of the public.
The purpose of this research is to
develop a comprehensive management plan to deal with the issues of poor
recruitment and retention of patrol personnel. The hiring and screening of new
employees can be a daunting task if not done properly. The cost of recruiting,
selecting, training, and equipping a new patrol officer/deputy is very time
consuming and expensive.
Literature Review
During the late 1980s and early 1990s, our
nation saw a rise in crime. In 1994, Congress passed the Violent Crime Control
and Law Enforcement Act. With this legislation was included the Community
Policing Act (COP program), which provided funding to put 100,000 law
enforcement officers on the nation’s streets. This crime bill created a large
cash flow of federal funds for the purpose of recruiting and hiring law
enforcement personnel. However, with money come problems. “In a rush to get the
federal funding, many agencies have altered their hiring practices for police
personnel in order to meet deadlines and quotas” (Bradford, 1998). The “get a
move on” attitude of administrators to speed up the hiring of personnel caused
many agencies to lower their standards in the hiring process.
The notion that anyone can do the job
well was discarded during the 1990s when it became obvious that the wrong people
were being hired. Administrators realized that to do a task well, or even
acceptably, requires some ability, proficiency, or special aptitude. Hence the
selection of people for various jobs, including police work, must be according
to the assets they possess. If this selection is to be made intelligently, two
things must be considered. First, there are the requirements of the job. What
must the person do? How do his/her duties or tasks vary? Is the position
physically and mentally demanding? What is required of him/her most? These
questions are answered by a job analyses that not only enumerates but evaluates
the tasks assigned to the worker. Agencies must first know what the job is
before a suitable worker can be found to do it. The second and most difficult
factor in hiring and retention is knowing the assets of the worker. It is
difficult because completely adequate ways of evaluating abilities and aptitudes
are not available. It is true that some methods have been developed, such as
Assessment Center, to assist in the hiring of law enforcement personnel however,
reliability and validity is difficult. The outcome of assessment centers are
based on the judgment of the assessors and hence the quality of those judgments.
The truth of the matter is you will never truly know how a person will react to
a gun pointed at them, until it really happens.
In the pass an agency recruiting to
fill vacant positions has traditionally been reactive. We advertise the
openings, and upcoming test dates in the local paper, television and radio
(Eglin, 2004). Upon passing some form of an entrance exam the candidates are
scheduled for their interviews. The method most commonly used by agencies during
the hiring process is the interview. Regrettably the interview is too often an
unsystematic period of questioning during which an employer “sizes up” a
prospective employee. Decisions are often made on the basis of vague
impressions, unfounded prejudices, or the answers to two or three trick
questions. Although confidence in such unsystematic and unscientific methods is
often high, results of their use, when measured against on the job success, are
often disappointingly low (Freyss, 1999, pg. 42-45).
The second most used method for
screening personnel is the person’s personal data sheet. This data sheet is
commonly known as the “Background Sheet.” This information contains the person’s
age, physical characteristics, marital status, education, and work history.
Information of this type is of little value in the selection of candidates
unless the significance of the various items is known. For example, is there an
age group that makes a person more effective as a police officer? Are married
men/women better officers when compared to single men/women? Are men/women with
families more advantageous than married but childless men/women? These are tough
questions, but more specific information in this area is needed. Hunches are not
enough. “Research has shown that all departments use background investigations
and medical examinations. Generally, departments place emphasis on the
background investigation because an intensive background investigation can help
to ensure agencies recruit only the most qualified individual and also can
indicate an applicant’s competency, motivation, and personal ethics” (Decicco,
2000).
“A recent study completed by the state
of North Carolina revealed that police agencies across the state experienced an
average turnover of 14 percent in patrol positions. The average tenure for a new
officer is 33 months (Yearwood, 2003).
The cost to our agency in hiring,
training, equipping and salary for a new deputy is just over $83,000. This is a
huge monetary commitment from the agency when hiring a new employee. It goes
without saying that it is paramount that the agency retains their personnel.
JOB SATISFACTION
The law enforcement officer is, of course, one
of the most important professionals in the criminal justice system.
Traditionally, however, his view of himself with respect to the rest of the
system has been narrow and in some cases antagonistic. At the same time, other
professionals in the system have tended to ignore or downgrade the role of the
law enforcement officer and to blame him/her for circumstances and conditions
beyond his/her control. Public support of the police officer has in the past few
years reached a new low, due to all the news media coverage on police brutality.
This type of negative coverage will discourage anyone from staying in the
profession. Hence, high job satisfaction is considered to play a major role in
retaining employees, while dissatisfaction obviously has a part in employee
turnover. Job satisfaction for most employees is based on the discrepancies that
exist between what they have and what they want. Their satisfaction is usually
based on the various aspects of their job which include pay, opportunities,
support, and advancement (Carrell, Jennings, & Heavin, 1997). Job satisfaction
is extremely important for police organizational problems, such as employee
turnover, absenteeism, low productivity, and morale issues. Job satisfaction,
however, is a multidimensional issue that involves tangible and intangible
elements a job seeker evaluates. Law enforcement officers seek fairness
pertaining to compensation. If an agency fails to remain competitive from a
total compensation package standpoint, they are setting themselves up for
turnover. When police candidates were ask to rank in order what they wanted from
their agency they responded with 1) salary, 2) benefits, 3) job security, 4)
career development and 5) job satisfaction (Vest, 2001).
EDUCATION
Another variable which may pertain to
personnel hiring and retention is the officer’s educational level. Law
enforcement officers at all levels of the profession have always had to meet
certain physical standards as to height, weight, age, and visual acuity.
Educational standards have been non-existent because police salaries have been
so low that well-educated persons could not be attracted to the profession. Only
in the past few years have some agencies started requiring at least a two year
degree for entry into their agency. However, a higher education requirement for
entry into the profession is a rarity, usually found in larger departments.
How intelligent should a law enforcement
officer be? Quite obviously this question has not been answered satisfactorily.
No simple answer can be given to the above question. Several things complicate
the problem. Most intelligence test scores the individual’s intelligence not
his/her ability to handle the stress of the profession. The selection of an
individual on the basis of intelligence alone is not enough. An applicant may be
superior in this regard and still be a miserable failure as a law enforcement
officer because of other traits he possesses. Most critics of college education
requirements for police officers will argue that such requirements will have an
impact on minorities, and that a college education is not job-relevant. However,
studies have been conducted which show that officers with a college education
executed their job in a more satisfactory manner (Carter & Sapp, 1990). More
agencies are embracing the value of a college education and are using this as a
hiring standard, however, once hired most administrators will overlook the value
of the individual’s education. Researchers also found that officers with a
higher education had fewer citizen complaints filed against them. “Several
studies have indicated that officers with higher levels of education performed
their jobs in a more satisfactory manner than their less educated peers” (Roberg,
& Bonn, 2004). However more research should be conducted to examine job
satisfaction between officers with college education and those with only a high
school diploma. Do officers with a college education become less satisfied with
their job the longer they remain on patrol? Does education affect the perception
of job satisfaction in patrol officers? The debate will continue on whether a
college education will assist an officer with understanding the human behavior
and be more sensitive to public relations (Carter, D. & Sapp, 1990).
There is a definite and significant trend in
our nation that more and more officers be required to have a college education.
Agencies are becoming increasingly aware of the fact that much is demanded of
the police officers today and the effectiveness of his/her service to the
community depends, in part, on his/her intelligence. Although we can expect a
gap between what is recommended and what is required, the fact that higher and
higher standards are recommended means that higher requirements will be
demanded.
Discussion
As law enforcement agencies through
the country embrace the philosophy of community-oriented policing and implement
those strategies that best serve their communities, it is becoming more apparent
that innovative, nontraditional personnel selection is needed if an agency is to
retain their personnel. Traditional methods of personnel selection and
assessment are not likely to identify or effectively assess the talents of those
who can best lead their agencies into a new era. Modern management theory
suggests that in order for organizations to prosper in the current business and
political climate, they must recruit and retain personnel who operate
comfortably and effectively in a dynamic environment (Brand, 1999).
Unfortunately most agencies have neglected to realize that job security and a
comfortable working environment are important to retain employees. Most
administrators are so focused on how the public precedes the agency that they
forget or ignore the employee. An employee who is secure in their job will
operate comfortably and will deal with the public in a more professional matter.
Today, recruiting and retaining
personnel represents a significant challenge to law enforcement agencies. This
challenge will continue for years to come in Florida due to the Florida
Retirement System Drop Program. Our department has already felt the impact of
the drop program. Within the last four years our department lost 52 senior
officers with 20 plus years of service with the department. To replace these
senior officers would be a taunting challenge if not impossible. This is not
something an agency can do over night. It will take several years for others to
reach the experience lost to the retirement of our senior personnel. Therefore,
it is phenomenon that the agency recruits and retains effectively its current
personnel or we will be faced with a shortage of experience patrol officers.
GENERATION X
The new officers entering the
profession today developed their life and work ethics in the 1960s and 1970s.
This new generation, known as Generation X, value time off, are willing to
relocate, want to actively participate in their work role, and will question
openly management techniques (Mineard, 2003). Most administrators do not relate
very well to these new ideas. This new generation is already causing problems
for the agency that is still operating in a paramilitary, rigid structure that
was developed back in the 1940s and 1950s (Mineard, 2003).
Agencies today must be very vigilant
in their hiring practices, disciplinary system, and training for the employee.
Large jury awards are being handed out to individuals who have been injured, or
suffered as a result of an agency negligently hiring or retaining an employee
who had a prior history of a negligent act.
RECOMMENDATIONS
Pre-employment Screening:
The recruitment, screening and
selection of patrol personnel are daunting tasks to any agency. We must be able
to predict who will succeed in a profession that is unpredictable and stressful.
During the initial screening of an applicant it will be determine if the
individual has the desired qualities to be chosen for the position of patrol
officer. The agency must also take care not to lower standards to achieve
arbitrary quotas. Experience has made it clear that few things are more divisive
and more damaging to the morale of personnel when they see their agencies hire
individuals who are not qualified and hold their position only because
administrators have bent or lower the department standards for the sole purpose
of hiring the individual. The administration must also remember that the
selection of a police officer on the basis of his/her intelligence alone is not
enough.
OBJECTIVE:
To cultivate and establish an on going program for the recruitment and retention
of those individual most suitable for law enforcement work.
ACTION STEP 1:
Select personnel for the position of recruiter
and provide training in the areas of personnel matters and equal employment
opportunity.
RECRUITER SELECTION:
This should be an important position within
the department. The individual(s) chosen for the position should represent the
agency and the community. Only those individuals who are motivated and have a
passionate conviction for the job and the agency should be chosen. The recruiter
should have the ability to identify qualified and diverse applicants and bring
the applicant into the selection process.
How to Choose a Recruiter:
1. Individuals,
who are mission-driven, possess strong communication skills and demonstrate an
ability to sell the agency.
2. A
non-judgmental person who is free from bias.
3. Assign
a high status to this position. By spotlighting the recruiting function as
prestigious, officers will feel honored to serve in this position and will
strive to bring the best-qualified applicants into the agency.
4.
A three-year tour of duty is
recommended for the position of recruiter.
5.
Performance measures should be
based on the number of qualified applicants recruited, not on the number of
applicants eliminated. Help the recruiter succeed (McKeever & Kranda, 2000).
ACTION STEP 2:
Develop a fourteen step selection process to be followed during the hiring process.
Step 1:
Determine accurate and realistic specifications for hiring new personnel and retaining same once they are on the
job. Pass and present data should be used to determine realistic staffing and a detailed job description will be posted stating the minimum standards needed to
perform the job.
Step 2 – Job Announcement
The job announcement should include the following information: the essential job functions, qualifications, location,
pay range, minimum education, and physical demands of the job.
Step 3 – Application Screening
Has the application been filled our correctly? Does it contain all requested information? Is the applicant a local resident or
from outside the area or from the state of Florida? Does the applicant have prior experience in law enforcement? Does he/she have a valid driver’s license?
Has the applicant ever been convicted of a felony; misdemeanor? Has the applicant ever been convicted of a crime of domestic violence? Etc.
Step 4 – Background Investigation
It is critical that police personnel possess high character and great ability to resist the temptations to corruption,
brutality, and other misconduct to which policing is prone. During the background investigation family members, coworkers, former supervisors and
neighbors should be interviewed.
a)
Criminal records – Applicants
with records showing felonies or misdemeanors should be excluded. Bad traffic records should also be a clue to the agency not to hire the individual.
b) Non-criminal sources should also
be investigated. Such as credit history, the individual’s work ethics, reliability, discipline, and trustworthiness.
Step 5 – Written Examination
Standardized test are still widely used during the screening and selection process. However, during the 1970s, they fell into
disfavor with the courts because they were not clearly tied to the performance of the job. The test was only scoring the individual’s intelligence not the
ability of the individual to do the job. The entrance test should only measure and evaluate the individual’s analytical thinking abilities, reading skills, and
written communication skills. These skills are all good indicators on whether the individual can perform as a police officer.
Step 6 – Medical Examination
An applicant will be required to submit to a
full medical exam. During the examination questions will be asked and tests
conducted by a doctor to ascertain whether the individual has the physical and
mental capabilities needed to perform the job and does not pose a threat to
him-or herself, to co-workers, or to the public.
Step 7 – Psychological Testing
It is imperative that people who are
emotionally unstable, predisposed toward mental abnormality, or actually
psychotic be eliminated early in the selection process. This, however, is not
easy. People do not wear labels on their backs stating, “I am abnormal”; neither
are there any identifying marks, nor do they show it in their face. The law
enforcement officer comes in contact with people who are abnormal and he/she is
constantly exposed to psychologically stressful situations everyday. The officer
himself must be free of any peculiarities and unconventional behavior. As a mean
of finding normal people for the profession, a psychological examination is
recommended.
Step 8 – Physical Abilities Course
Performance test are use to measure and
evaluate specialized skills that will be needed to perform the job. These types
of test simulate work-related tasks that are a major part of the job and are
considered highly valid.
For the position of police officer the
applicants will be required to successfully complete an agility course. The
course includes the following components:
Ø
Negotiate fences (4 and 6 feet
high)
Ø
Bend and stand while negotiating
obstacles
Ø
Climb through a window
Ø
Drag a 150 lbs. mannequin 60
feet
Ø
Complete as many sit-ups as
possible in one minute
Ø
Complete as many pushups as
possible in one minute
Ø
Run a two mile course in 25
minutes or less
Applicants must remember that the hiring
process is extremely competitive and physical conditioning may be a factor.
Step 9 – Polygraph Examination
Applicants must successfully complete a
polygraph examination administered by a certified Polygraph Examiner. The
primary focus of this component is to assist in determining the accuracy of
information provided by the applicant during the selection process.
Step 10 – Assessment Center
An assessment center will be use to appraise
the abilities of the applicants applying for the position of law enforcement
officer. Role-play scenarios related to the position being sought will be
presented to the applicants, who will be required to demonstrate their ability
to perform the job.
Step 11 – Interview
The interview should be used as a screening to
determine whether the applicant who has already met other requirements for entry
into the agency posses the basic personality and behavioral characteristics
necessary to perform the job. The interview will also be use to evaluate the
applicants verbal communication skills, and problem-solving skills.
Step 12 – Field Training Program
The Field Training Program shall be structure
as a multipurpose program for the new patrol personnel. The new officer will be
assigned to work with a qualified training officer. The objectives of the
program, is to evaluate the officer’s skills, knowledge and ability to perform
the assigned duties. The new officer will also be evaluated on his/her desire,
capability and willingness to meet stated Agency standards, goals and
objectives. During the 16-week program the new officer must satisfactorily
complete all phases of the field training program.
Step 13 – Probation
This is the last step in the selection process
and the first true test on the ability of the officer to handle his/her calls by
themselves. During the probation period (one year), the officer’s ability to
handle the stressful situations and other job related issues should be
evaluated. Any weaknesses and incompetence should be address and corrected if
possible. High standards must be maintained. Failure to do so will be grounds
for termination.
Step 14 – Early Intervention System
The Sheriff’s Office will develop and
implement an early intervention system to capture problematic personnel and
intervene at the earliest opportunity to avoid any potentially dangerous or
harmful behaviors in the future. This system will be in the form of an
electronic database, which will be programmed to capture specific information
about the officer’s behavior and help identify problematic behaviors early on
(Swanson, Territo, & Taylor, 2005). This system will not be use as a tool to
capture deputies for disciplinary issues. The system is strictly used for
identifying and addressing problems with officers before they get into serious
trouble.
The data that will be collected by the system
will include but is not limited to the following:
1.
Excessive use of sick leave
2.
Excessive use of deadly force
3.
Excessive use of physical force
(Resisting arrest complaints)
4.
Discriminatory patterns of
arrest
5. Community
complaints (Verbal abuse, racist or sexist slurs)
6.
Aggressive behavior during
traffic stops
7.
Excessive use of the
stop-and-frisk
8. Searching
vehicles after stopping without probable cause
9.
Civil litigation
10.
High volume of high-speed
pursuits
11. High
volume of accidents with patrol vehicle
12.
Failure to investigate
complaints properly
The early intervention system will have four
basic phases: Scanning, Analysis, Response, and Assess.
Scanning:
Ø
Identify the
officer/deputy
Ø
Identifying the recurring
problem of the officer/deputy
Ø
Confirm that a problem exist
based on the data collected
Ø
Determine how frequently the
problem as occurred
Analysis:
Ø
Analysis the data and determine if there is a pattern (date, time, and location of the incidents)
Ø
Once the problems have been identify, collect and analyses all documents dealing with the issue (case
reports, citizen complaints, etc.)
Response:
Ø
Intervening with the officer/deputy to address the problem
Ø
Counseling and training
Ø Identify strategies needed to address and correct the behavior
Assessment:
Ø Determine if strategies developed to correct the behavior are working
Ø
The officer’s immediate supervisor will observe and evaluate the progress of the officer
Ø Conduct ongoing assessment to ensure that the behavior(s) do not continue in the future
Conclusion
Policing is an intense and stressful
business that has an enormous effect on the people who put on the uniform. Their success or failure will depend on whether they can handle the everyday
challenges that they will confront during their career. No slick PR operation, or community relations gimmick, can possibly right the wrongs done by
incompetent or insensitive street officers. The administration must be very prudent in its hiring practices, disciplinary system, and training for the
employees. Large jury award are being handed out to individuals that have suffered an injury as a result of an agency negligently retaining an employee
that had a prior history of a negligent act.
Bibliography
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