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The post-Ferguson analysis, the current issues affecting peace officers, and the nexus to agency leadership John B. Edwards Georgia Law Enforcement Command College Alumni Annual In-service Training May 27 th 2015

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The post-Ferguson analysis, the current issues affecting

peace officers, and the nexus to agency leadership

John B. Edwards Georgia Law Enforcement

Command College Alumni Annual In-service Training

May 27th 2015

Two Questions1.) What is going on… is it the times, the result of years of turmoil from dysfunctional families and generations frustrated by poverty. Is it the criminal element in our society, the liberal media, or is it a superficial notion created by overreaching and over reactive government interventions that reach conclusions from subjective data from isolated incidents. OR, could it be the way we do business?

2.) What do the findings of these multiple DOJ investigations indicate…(PERF has published a “lessons learned,” the President has completed a task force, IACP has outlined issues) what can we trust and learn?

Mockers stir up a city,but the wise turn away anger. Proverbs 29-8

The DOJ and the Authority

The Violent Crime Control and Law Enforcement Act of 1994, 42 U.S.C. 14141 (“Section 14141"),

The Omnibus Crime Control and Safe Streets Act of 1968, 42 U.S.C. 3789d(c)(3) (“Safe Streets Act”),

Focus, constitutional protections against police misconduct, such as excessive force, false arrests, unreasonable searches or seizures, and intentional racial or ethnic discrimination.

The probes which are sanctioned under a law passed in the wake the 1991 videotaped arrest of Rodney King by Los Angeles police are known as “patterns and practice” investigations, and they look at whether police departments exhibit patterns of behavior, including excessive force, false arrests, unreasonable searches and seizures, or racial/ethnic discrimination.

Patterns and practice investigations usually last a year to a year and a half.

Some Past and Recent DOJ Investigations

Miami 2011 Las Vegas Metropolitan Police 2012 * Seattle 2012 New Orleans 2012

Albuquerque 2012 Warren OH 2012 East Haven, CT 2012 University Montana Police 2013

Missoula Montana 2013 Cleveland 2013

Ferguson 2014 Baltimore 2015 *Volunteered to undergo the review by the COPS Office after a series of shootings in 2011.

The Common Findings Improper or excessive use of force Dysfunctional, or lack of an early Intervention

Systems Poor or lack of management, supervision, and

oversight of officers by their superiors Unlawful stops and searches Evidence of racial or ethnic bias in operations Statistical data of disproportionate traffic stops of

minorities Police interactions with persons with mental

illness.

The Common Findings Continued

Poor or lack of policies, procedures, training and supervision

Poor documentation and reports or no oversight for reports or no reporting at all…

Internal affairs system failed to “meaningfully respond to complaints of officer misconduct.”

No substantive role in community policing efforts. Heavy handed “revenue driven” disproportionate

enforcement (Specific to Ferguson)

From DOJ Website, under “results of our work”

Our settlements and court orders frequently require:• increased transparency and data collection• community-police partnerships• steps to prevent discriminatory policing• independent oversight• improved investigation and review of uses of

force• more effective training and supervision of officers

The three key elements in all

the major DOJ consent decrees

and memoranda of

understanding are:

(1) State of the art policies on use of force (including the investigation of force incidents);

(2) an early intervention system; and

(3) an improved, open, and accessible citizen complaint process.

Federal Monitoring and Oversight

IACP Protecting civil rights leadership guide 2006

“The guide references the exemplary policies and practices of departments promoting civil rights as well as the content of the consent decrees and memorandums of agreement that individual police agencies have signed with the U.S. Department of Justice. The guide relies on information obtained from focus groups, as well as key advisors in the law enforcement community and the IACP standing committees on civil rights and professional standards. Finally, the guide is informed by the activities and staff of two distinct, yet complementary, agencies within the U.S. Department of Justice: the Special Litigation Section of the Civil Rights Division and the Community Relations Service.”

From PERF “Lessons learned” from DOJ Investigations 2013

Key Issues: Many of the DOJ investigations to date have focused on certain key issues, including: police use of force; Early Intervention Systems; management and supervision of officers; unlawful stops and searches; and racial or ethnic bias in policing. In recent years, DOJ also has focused on gender bias in the investigation of sexual assaults, and on police interactions with persons with mental illness

Interim Report of the President’s Task Force on 21st Century Policing

March 2015 The task force was created to strengthen community policing and trust among law enforcement officers and the communities they serve, especially in light of recent events around the country that have underscored the need for and importance of lasting collaborative relationships between local police and the public.

Interim Report of the President’s Task Force on 21st Century Policing

identified Seven Pillars

1. Building Trust and Legitimacy2. Policy and Oversight3. Technology and Social Media4. Community Policing and Crime

Reduction5. Training and Education6. Safety and Wellness7. Future of Community Policing

Presidents Task Force Hearing

February 13th 2015, Phoenix Az.

App Appointed Commissioner September 2012

• Baltimore Police Commissioner Anthony Batts described the process in his city: The process started with the commissioning of a study to evaluate the police department and the community’s views of the agency . . . . The review uncovered broken policies, outdated procedures, outmoded technology, and operating norms that put officers at odds with the community they are meant to serve. It was clear that dramatic and dynamic change was needed.

Ultimately, the Baltimore police created the Professional Standards and Accountability Bureau, tasked with rooting out corruption, holding officers accountable, and implementing national best practices for polices and training. New department heads were appointed and a use of force review structure based on the Las Vegas model was implemented. “These were critical infrastructure changes centered on the need to improve the internal systems that would build accountability and transparency, inside and outside the organization,” noted Commissioner Batts.

Two Months Later April 12th, 2015

“The Arrest of Freddie Gray”

On Wednesday, Ferguson Police Chief Thomas Jackson acknowledged the problems facing his department and asked the community for help in restoring its trust.“Apparently, there has been this undertow that has bubbled to the surface,” Jackson said at a news conference. “It’s our priority to address it and to fix what’s been going wrong.”

Interim Report of the President’s Task Force on 21st Century Policing

identified Seven Pillars

1. Building Trust and Legitimacy2. Policy and Oversight3. Technology and Social Media4. Community Policing and Crime

Reduction5. Training and Education6. Safety and Wellness7. Future of Community Policing

WHAT ABOUT LEADERSHIP ????

From Trevon Martin to Freddie Gray…

what are the common denominators?

• The repetitive, ignorant, bias, and slanted media reporting and focus turning the isolated into the systemic…

• Ignorance and misunderstanding among a few or among many regarding police work

• A modern generation of anti-social hoodlums that run amuck in the streets

• The corrosive results from the “war on drugs, broken windows or hot spot policing” that has eroded police trust by many underclass communities.

• 21st century spotlight on police bad apples that could survive in the 20th century, but are “caught” in the illumination of the 21st like roaches in a dark corner…

TODAY’S POLICE OPERATIONS RISK ANALOGY TO THE FIRE TRAINGLE

Police Use of Force

Minority Suspect Media Focus

Prevalence of Police-Related KillingsDr. Richard R. Johnson, University of

Toledo

• Research Question: How does the frequency of deaths from police use of force compare to other forms of homicide, suicide, and other unusual events?

• Answer: Deaths from police use of force occur about as frequently as being struck by lightning. Approx. 372 persons killed each year by police use of force. Approx. 373 are struck by lighting in the U.S.

Prevalence of Police-Related

Killings

• As the U.S. population is 316,128,839 persons, here are annual percentages:o0.00012% of the U.S. population died

from police use of force last yearo0.00012% of the U.S. population was

struck by lightning last yearo On average, 372 persons die each year in the

U.S. from police use of force. This is less than the passenger capacity of a Boeing 777 airliner.

• People are 103 times more likely to commit suicide, 97 times more likely to be killed in a vehicle crash, and 34 times more likely to be murdered by a criminal than they are to die from police use of force.

OR…COULD ALL THIS BOIL DOWN TO POOR LEADERSHIP, BAD MANAGEMENT, AND NO OVERSIGHT BEING OUR ACHILLES HEEL

Would a continuous mindset for "proactive” management

philosophy and measures designed to evolve and adapt

to a changing world, rooted in agency wide buy-in, relevant

standards, exemplary training, dedicated supervision, and

mentorship with a zero-tolerance for sub-standard behaviors mitigate our risk

and provide additional layers of insulation from these

consistent failures?

So, the question becomes…when the lighting strikes are you ready? “Noah built the arc before the rain”

Three Factors to Evaluate

1. 21st century technology, effects of social media and the role of the traditional media

2. Political, cultural, societal and economic tensions over time

3. Police perceptions, policy, procedure, training, customs and operations

FACTOR ONE

Technology…social media and the

role of traditional media

Hal Varian, Chief Economist Google December 20th 2013

A billion hours ago, modern Homo sapiens emerged.

A billion minutes ago, Christianity began.A billion seconds ago, the IBM personal

computer was released.A billion Google searches ago… …was this morning.

21st Century technologies have changed everything

Regarding how people receive and gather information

Information is real time Information is observable Information is more assessable Information is more manipulated and focused Information has more value and profit productionExamples: From the Arab Spring to online College courses

The Technological and Human Mix(Citizens)

The dissemination and receiving of information in real-time

Human subjectivity, emotion and impatience Perpetual tensions Viral Contextual Ignorance (Lack of

understanding) Viral and Infectious stupidly (No attitude or,

aptitude or ability to understand) Lack of trust and conspiracy theorist (Promotes

confirmation bias)

The Technological and Human Mix (The Police) No response, poor response or late response One spokesman to maneuver the mass

communications over fast and vast internet terrain

Poor or lack of subject matter expertise Poor choice of words, examples or context The impact and residual effect of “BAD VIDEO” (N.J.R.R’s) Knee Jerk Reactions and Responses Bias, lack of empathy or understanding opposite

perspectives Secret Squirrels and Dinosaur mindsets

(resistance to change)

Proactive Bridging Strategies between

“Them and us” Have a proactive and prepared PIO team with

talking points and guidelines Thank people, correct facts, and share updated

information.  Fashion brief accurate responses, don’t debate or

engage in defense or explanations. Being calm and polite while handing criticism is

just as important as being graceful and humble while handling praise

Be transparent but do not fall victim to the pressure to release preliminary (unsubstantiated) information

The 21st Century technological shift

The world is no longer round, its flat (The internet)

Everybody can “get smart quick” (but often limited and shallow, absent much thought or accuracy)

Everything is real time (now) Social media’s viral and infectious effects on the

public, politics and organizations The news media’s adaptation is still evolving Everybody has a cell phone (that is also a

camera, recorder, and portable computer) Periscope and Meerkat’s implications to Twitter Facebook becoming the virtual “Community

Walmart”

“The advent of social media has changed the entire communications environment. Social media has opened portals into everyone’s personal interests, beliefs, private views, and even locations, thus creating a “fishbowl” environment where individuals are often judged by content without any contextual consideration. Further, individuals tend to” tweet or post” without much thought as to how such content will be perceived; there is no thought given to the probable or unintended consequences of that content.”

Twitter is a network of people, like the networks we have it allows us to monitor and measure how information is spread through this network of people. A group of people connected on Twitter will most likely share similar interests in a certain situation.

A group of people following one another on Twitter can be viewed as nodes with strong ties. Information that a person is interested in is most likely to come from other people that they have strong ties with.

Twitter can be viewed as a News source that specializes in what a person is interested. People on Twitter will most likely be interested in the same thing, follow it and will tweet about it.

Monitoring Twitter helps to understand this and see how information is flowing in a network and what is happening within certain events.

Source: Cornell University

People share stories on Twitter for lots of reasons, and not always because they think it is accurate. Outlandish rumors often spread quickly, because they are interesting, and people like interesting things.

Misinformation often remains uncorrected within groups.

Twitter is both an enormous rumor mill, and invaluable source of valuable information.

Source: Jamie Bartlett

As more people get their news on mobile devices, we want to make the experience faster and richer on Facebook. People share a lot of articles on Facebook, particularly on our mobile app. To date, however, these stories take an average of eight seconds to load, by far the slowest single content type on Facebook. Instant Articles makes the reading experience as much as ten times faster than standard mobile web articles,” wrote Facebook product manager Michael Reckhow on their site.

A study released by the Pew Research Center last year revealed that almost half of those surveyed said they accessed news about government and politics through Facebook. Meanwhile, Facebook also earns around a quarter (24 percent) of all display ad revenue and more than a third (37 percent) of mobile display, Pew's 2015 State of the News Media report demonstrated.

Source: Cristina Maza, Staff writer Christian Science Monitor MAY 13, 2015

ING 2014 Study on Social Media and Professional

Journalist Today

One-third of journalists said social media posts are not a reliable source of information. Despite this, half of journalists said social media were their main source of information.

Remarkably, half of journalists said they consider consumer opinion to be more reliable than a statement by an organization. Journalists use social media to find out what people are talking about and when writing articles, but do not always check whether public opinion is based on facts.

Fact-checking has become less thorough; ‘publish first, correct if necessary’ is the motto these days.

Only 20% of journalists always check their facts before publishing.

Almost half of journalists said they published most of their stories as quickly as possible to correct later if necessary.

PR professionals also noted that since the arrival of social media journalists are getting in contact less frequently to check facts.

Journalists (60%) said they feel less bound by journalistic rules on social media than with traditional media such as a newspaper article.

They act differently on social media than in traditional media, sharing their personal opinion more openly on social media, despite the fact that journalists are seen as being objective and reporters of news facts relating to events of general importance.

The study’s prediction of the future

Journalists expect less fact-checking to be done in the future. Conversely the role of crowd-checking, whereby the public’s opinion is used and accepted as being true, will grow in importance.

User-generated content, such as tweets and pictures or videos from bystanders, is already widely used in news and is expected to grow further.

professionals will stage a catch-up as they reduce their focus on sending out releases and concentrate more on engaging in dialogue and building relations.

Journalists expect journalism to be driven by clicks and views more than by content.

PR professionals expect their contact with consumers to intensify with increasingly less involvement of journalists, now that they have the ability to approach the target group directly and engage in dialogue with them.

The modern media impact upon police, politics and society

Infotainment focused instead of factual research driven

The required speed and repetitiveness of the news cycle (Video over and over again)

The “Newness” of the information Competition with social media The Isolated incidents made out to be systemic Highlight the one bad cop over the thousands of

good one’s Slanted views and editorials (Dramatic Bloviating) Rather report controversy over success (Bad over

Good news) The 30 Second sound bite window

The modern media impact upon police, politics and

society cont.The catalyst for a “Damn if you do…and

Damn if you don’t” (Be safe don’t act) mentality…among police

Widens the “thin blue line” mentality toward “them and us” among police

Many cops are seen as prejudice, untrustworthy, and bullies among public

The media is the first source for the development and direction of political winds

The media has revealed stories that have forced pocketbooks to open and promote budget change (some in our favor, some not)

Today Information may double every two years, some have it at

every 13 monthsMany organizational failures are a direct result

of the lack of competency regarding subject matter by senior management.

Cause: Lack of training/education

Reasons: 1) Senior Managers refuse to seek

2) Senior Managers feel they don’t need it.

3) Senior Managers feel they can’t be gone.

4) Senior Management’s boss wouldn’t let them.

FACTOR TWOPolitical, Cultural, societal, Technical, historical and

Economical…60’s 70’s 80’s 90’s and the 21st

centuries gathering storm

“Its all thrown at the feet of the police”

Where we work

Why we work there

How we work there

Poor Communities of Color

Poverty Dysfunctional family conditions Lack of opportunity Unemployment Disease, death and incarceration Failing Schools

The debate over Personal Responsibility versus Institutional disenfranchisement and inequity continues to cause passionate controversy

The paradigm we live that evolved over five decades… almost three generations

The history and memory from the civil rights years with the police

The history from “The War on Drugs” with police Poverty issues and crime infested communities Disproportionate victims (6x) and arrest (8x) Aggressive policing in high crime areas Implicit and explicit bias Institutional bias Low self-esteem highly impulsive character traits Police stereotyping The Charles Barkley versus Al Sharpton ideologies

Attorney General Loretta Lynch

May 22nd 2015 CBS Interview with Nora

O’Donnel

“One of the ironies of this entire debate is when I talk to police officers about their concerns, they too talk about how they feel that people don’t see them as individuals, they see the uniform first, and not the person. People are really saying the same thing, everyone wants to be seen, everyone wants to be heard, everyone wants to be recognized as the person that they are and not a stereotype or an image.”

Mind sets shape attitude, attitude drives our behavior and

conductWe must be proactive in the education and development of our officers “Mind sets” to have them understand the way they see, how they see, describe and treat people will build or destroy our ability to police effectively in the 21st century. Moreover, such relational development mitigates problems, enhances officer safety and promotes cooperation and intelligence gathering

“Create your relationships under non-stressful circumstances…if you wait to start after an incident or event, that’s a problem. Outreach more and now.” John Miller Deputy Chief NYPD May 2015

21st Century Political policing paradigm

Budget cuts and fiscal constraintsRevenue minded and sometimes drivenDemand for accountability and fugal use of

resourcesCost benefit analysisPolitical and Legal liability issuesRisk management and mitigationDynamic social change through

technologiesDemand for knowledge, skills and abilitiesDo more with less

The Leaders Future Issues Basket

Ongoing issues involving Crime, Policing, Poverty and Race

Broken windows policing versus Community outreach (Social divisions and police philosophy)

Guardian versus Warrior mindset Independent inquiry, investigations and oversight Philosophical debates over training, operational

policy and procedures

House hearing on police turns ugly

Politico May 19th 2015Racheal Bade

Partisan mudslinging breaks out, suggesting that lawmakers and cop-reform advocates have a long way to go to find agreement on new police standards.

In fact, the first of several planned Judiciary hearings on the rising tensions between cops and black communities turned ugly at times, trailing off into arguments about the use of the word “ghetto” and whether black-on-black crime should get more attention.

Milwaukee Sheriff David

Clarke

Why do we need so much assertive policing in the American ghetto? Are police officers perfect? Not by any stretch of the imagination. Are police agencies perfect? Not…even…close. But we are the best our communities have to offer. Instead, the conversation should be about transforming Black underclass subculture behavior. The discussion must start with addressing the behavior of people who have no respect for authority, who fight with and try to disarm the police, who flee the police, and who engage in other flawed lifestyle choices. Bashing the police is the low-hanging fruit. It is easier to talk about the rare killing of a Black male by police because emotion can be exploited for political advantage.”

Former Sheriff Susan RahrIn 2012, we began asking the question, “Why are we training police officers like soldiers?” Although police officers wear uniforms and carry weapons, the similarity ends there. The missions and rules of engagement are completely different. The soldier’s mission is that of a warrior: to conquer. The rules of engagement are decided before the battle. The police officer’s mission is that of a guardian: to protect. The rules of engagement evolve as the incident unfolds. Soldiers must follow orders. Police officers must make independent decisions. Soldiers come into communities as an outside, occupying force. Guardians are members of the community, protecting from within.

Susan Rahr

There’s an old saying, “Organizational culture eats policy for lunch.” Any law enforcement organization can make great rules and policies that emphasize the guardian role, but if policies conflict with the existing culture, they will not be institutionalized and behavior will not change. In police work, the vast majority of an officer’s work is done independently, outside the immediate oversight of a supervisor. But consistent enforcement of rules that conflict with a military-style culture, where obedience to the chain of command is the norm, is nearly impossible. Behavior is more likely to conform to culture than rules.

A controversial, current and important debate

Guardian versus Warrior (The Police Mindset) Rise of the warrior Cop, the militarization of

America’s police forces by Radley Balko 2013 The Challenge of Policing in a Democratic Society:

A Personal Journey Toward Understanding by Chief Charles Ramsey, National Institute of Justice/JFK program criminal justice policy and management Harvard June 2014

President’s Task Force Report on 21st century Policing March 2015

Law Enforcements Warrior Problem, by Seth Stoughton. Harvard Law Review April 10th 2015

What if a warrior or guardian mindset is analogist to the golfers bag, where the golfer (based upon their training and experience) selects the appropriate club for the necessary shot during the game…in essence one is not limited to choosing between two philosophies but able to apply the one that works based upon the facts specific to the particular case…

The keys being to understand the hole, the greens the fairway, the traps, barriers and the shot (Good training and practice in both philosophies would be beneficial)

Is it time for our training to evolve

?Cut dead, but still alive…caring for African American young men. By Gregory C. Ellison II Emory University. “Cut Dead”…is a 19th century adage meaning to be

ignored or snubbed completely Social Junk (homeless, mentally ill, alcoholics, drug

addicts and forgotten elderly…Hopeless, no threat) Social Dynamite (impoverished, low waged working

class and unemployed youth…ticking time bomb, frustrated facing the poverty, stereotypes and stigmas that prevent their full social inclusion)

Loss of self-esteem (despair, apathy and shame) With hope removed…one becomes impulsive,

difficulty seeing beyond the present and weighing consequence…

How we approach and what we say matters

Could training and understanding influence initial contact, content and context behaviors used by the police

and mitigate risk Did our parents tell us all snakes were poisonDo we provide a little self-esteem or take the

rest they have…A constitutional policing mindset (The ends

never justify the means)Honey before vinegar mindsetSoft skills deploymentDiscretionary mulligans No marginal cases made or POP arrest

Mindsets cause assumptions that develop attitudes that shape thought and drive behavior and conduct

Re-thinking of policy issues

Example:Question: Should we document a use of force report every time we point a firearm toward a person?Quick Answer: Pointing a pistol at someone may not be a use of force!!!Commentary to Ponder: If we kept a record of every time we pointed our guns at someone, then when we had an officer involved shooting we would have the data to say “Our Officers drew their firearm 1109 times this year and 1457 times last year and were able to demonstrate their intent to deescalate an incident or use restraint without shooting anyone.” Would this be valuable information for the agency and officers after an officer involved shooting that could be immediately “releasable” to the public and press? Would it also be valuable to the agency EIS ?

The Leaders Future Issues Basket

Technological infrastructure (Radio, body cameras and computer) Vehicles (How they are used or limited) The cost comparison and utility of surveillance

video versus police patrol Community Corrections and supervision nexus

with additional Police duties Social services and police functions

Body Camera Technology

“I really believe that body-worn cameras are the wave of the future for most police agencies.This technology is driving the expectationsof the public. They see this out there, and they see that other agencies that have it, and their question is, ‘Why don’t you have it?’’

Roberto Villaseñor, Chief of Police, Tucson, Arizona Police Department

Body-worn camera results forRialto (California) Police

Department 60 percent reduction in officer use of force

incidents following camera deployment

Half the number of use of force incidents for shifts with cameras compared to shifts without cameras

88 percent reduction in number of citizen complaints between the year prior to and following camera deployment

Body-worn camera results forMesa (Arizona) Police Department

Nearly 3x more complaints against officerswithout cameras, eight months after cameraDeployment

40 percent fewer total complaints for officerswith cameras during pilot program

75 percent fewer use of force complaints forofficers with cameras during pilot program

Perceived benefitsDr. Michael D. White

Body-worn cameras increase transparency and citizen views of police legitimacy.

Body-worn cameras have a civilizing effect, resulting in improved behavior among both police officers and citizens

Body-worn cameras have evidentiary benefits that expedite resolution of citizen complaints or lawsuits and that improve evidence for arrest and prosecution.

Body-worn cameras provide opportunities for �police training

Perceived concerns and problemsDr. Michael D. White

Body-worn cameras create citizen privacy concerns.

Body-worn cameras create concerns for police �officer privacy.

Body-worn cameras require investments in terms of training and policy development.

Body-worn cameras require substantial commitment of finances, resources, and logistics.

The Leaders Future Issues Basket

Increased Foreign Diversity and “ The Melting pot versus Salad the Bowl” development in our Communities

Domestic and foreign terrorist threat and police response

legislation regarding drugs and guns Additional non-traditional roles and

responsibilities Non sworn or volunteer alternatives

(Police Community Support Officers PCSO’s)

Like in London, Jacksonville, Orlando

The ISIS Threat

The Leaders Future Issues Basket

Evolution of Human Resource Issues and Conditions

The effects of jurisdictional borders and boundaries

The efficiency and effectiveness of our communication abilities (To stay in tune and real-time with the method and manner people obtain information) “Twitter” type utilities and results

The ability to work in partnerships with other government agencies, the private sector, community groups and citizens in collaborative efforts

FACTOR THREE

Policing…How we see it, how we do it, and the way we

do it.

FIRST AND FOREMOST

Its all about the Leadership and Management

General Stanley McChrystal from “Team of Teams, new rules of

engagement for a complex world” May 2015 (Two important Lessons)

“The first was that the constantly changing, entirely unforgiving environment in which we all now operate denies us the satisfaction of any permanent fix…The second was that the organization we crafted, the processes we refined, and the relationships we forged and nurtured are no more enduring than our physical condition that kept our soldiers fit: an organization must be constantly led or, if necessary pushed uphill toward what it must be. Stop pushing and it doesn’t continue, or even rest in place; it rolls backward.”

Leaders have a perpetual responsibility to the ACR Rule

Aware: (having knowledge or perception of a situation or fact…concerned and well-informed about a particular situation or development)

Conscientious: (wishing to do what is right, especially to do one's work or duty well and thoroughly)

Responsive: (reacting quickly and positively… answering)

We must also Competently

deal with othersWe must constantly grow, develop and sustain our job knowledge and technical expertise (Hard Skills) while developing and maintaining our interpersonal qualities and people skills (Soft Skills)Leadership requires interaction, collaboration, persuasion and influence with other people in many different settings and content under many different situations

Burden of Competence Summary Study, Research and stay current in your job

responsibilities Merge evidence based practices with craft Be more growth oriented than goal oriented Constantly seek education and training Talk and discuss issues with others in your

craft Hold think tanks and require others to offer

opinions, ideas and solutions Watch for opportunities and embrace

change

Police Culture Very ingrained in their beliefs Skeptical of others and fraternal (Them and us

paradigm) Never satisfied with the status quo Difficult to adapt and resistant to change Think concretely and not abstract See everything as black and white, can’t see the

gray Assumptions and beliefs that guide behaviors and

communicate to officers how to perceive and think about things.

Informal rules and regulations and tactics Bravery, autonomy and secrecy.

My prayer is:“lord let me see things”

Identify and recognize problems and issues “Before” they impact, then have the objective insight and personal integrity to manage the people and issues proactively.

J.B. Edwards

“Unimpeachable integrity is the greatest asset a Police Administrator can have. Without it your other qualifications and attributes are meaningless.”

Dr. Curtis McClung

Be deliberate to remain objective, Factor out emotions and beliefs

“One who turns a blind eye to the facts is dangerous…they are led by their subjective assumptions and beliefs versus the objective and pragmatic rules and applications of real life.”

- J.B. Edwards

“The truth hurts, but selective ignorance is fatal.” Ronald Davis COPS Office

If there is a problem, adverse issue or failure

under your watch“The first place you better look is at yourself” (look in the mirror, not out the window)Because the majority of the time, that’s where it started.”Such illustrates the importance of self awareness and listening to objective feedback and constructive criticism.

We have a natural tendency to…

• See ourselves as “better than others”• Believe we “know more than others”• Fall victim to the depth of our beliefs versus the

nature and strength of the facts that are contrary • Want to blame others• Look for excuses• Be loyal to our assumptions and mindsets and

resistant to changing our mind• Knee jerk reaction without the knowledge of all

the facts and circumstances

Our tendencies continued

• Take credit and be in the spotlight • Hold grudges and want “Get Back”

“The weak can never forgive, forgiveness is a attribute of the strong” --- Gandhi

The Conformation Bias

Is a tendency to search for or interpret information in a way that confirms one's preconceptions, ideas or assumptions

Actively seeking out and assigning more weight to evidence that confirms your assumption or theory, while ignoring or underweighting the evidence that could disconfirm your assumption or theory

Favoring information that confirms previously existing beliefs or biases. 

Ignorance and bias can shape how we interact

with peopleSuch creates mindsets, develops attitude and shapes thought that translates into behavior and conductIts all about how we:Frame: See it and interpret itName: Describe, identify and labelBlame: Hold responsible and culpable We then amplify, magnify, distort or disregard

The way we are perceived is reality, you will be judged by• How you act• The way you act• Why you actAll people are a product of their life experiences and see things through the filter of those experiences Although history or legacy is separate and apart from the issue of the day such remains an important influence upon perception.

Be sensitive to others beliefs, experiences and angle of view

Our cultures, traditions and beliefs shape who we are

Economic, political and cultural experiences can shape who we are

Beliefs and mindsets can polarize views and cause massive credibility problems

We must be sensitive and tolerate to others We must remain objective and open to other

views and understand why Tolerance does not mean “acceptance” We must train ourselves to constantly look at

things in a different way…

It is tremendously important to remember how people see realityOften, people see reality totally different

than each other…People can see the same things and come

to entirely different conclusions People often do not see what we see or

what we expect them to see… People see reality different based upon

their different views, education or lack there of, cultures, beliefs, biases and feelings.

What really is the reality and who’s reality is it?

Two Important Points:1.) The perception is this country

today is there is a clear divide between the police and people of

color. 2.) People living in poor

neighborhoods need the police and want the police…

They want Policing with the Community instead of to the Community

They want outreach instead of overreachThey want fairness, empathy, and

understanding versus judgment They judge the police by their experiences,

observations, and past history

Important Commentary“Those neighborhoods that need us the most and demand our services, when they get us, get mad at us. How do we bridge that?We in this police department and in the police profession know we have inherited a social history of which we can't always be proud. The police have often been in the middle of great conflict and not infrequently been agents of social control to preserve a status quo.” ---- Chief Ed Flynn Milwaukee PD, Feb. 6th 2015However, there are many Citizens that respect and rely upon the police, their presence and service, who support, have faith in and appreciate the Police for what they do daily in their community. Many officers can attest to this support !!!

Factor into the equation People living in poverty receive their information

from twitter and social media more than CNN or traditional media

Having a bias is not being racist or sexist…Bias is an inescapable part of the human condition, All people (no matter the race) have biases

We tend to transfer traits and characteristics from one to another based upon our previous experiences and beliefs

The public “stereotypes" police, just like police stereotype the public (We all prejudge)

If we can’t recognize and understand our bias, we can’t change it…

"There is nothing more painful to me at this stage in my life,” Jesse Jackson once told an audience, “than to walk down the street and hear footsteps and start thinking about robbery—then look around and see somebody white and feel relieved.” Buried Prejudice: The Bigot in Your Brain By Siri Carpenter

To influence or control people properly, we must first use discipline to control ourselves, a central tenant of policing says. As police officers, we are motivated by the passion to serve and protect—guard and rescue the sheep and run off (or catch) the wolves. We never start by degrading or hating people as officers. We have a history of being killed for those we don't know, regardless of their race, sexual preference, religious beliefs or the size of their bank account. Eliminating Racial Bias in 21st Century Policing John Edwards Monday, August 5, 2013 www.lawofficer.com

Everyday Bias… identifying and navigating unconscious

judgements in our daily livesHoward J. Ross 2014

Recognize that bias is a normal part of the human experience

Develop the capacity for self-observation Practice constructive uncertainty Explore awkwardness or discomfort Engage with people in groups you may not know

very well, or about whom you harbor biases Get feed back and data

So Much of these Issues involve Leadership and Management to

ensure your people

Understand we all have explicit and implicit biases and our responsibility to manage them

Create and build relationships in the community under non-stressful circumstances, before a crisis

Respect people and are courteous to people during traffic stops and other encounters

Practice Problem Adoption

Give others a Voice (Listening)

Demonstrate neutrality in decision making

Respectful treatment

Provide Transparency

This promotes Legitimacy

Police wisdom is also important

Example is from 1829 and the nine principles by Sir Robert Peel, number 3 and 4…that apply today…

3. Police must secure the willing co-operation of the public in voluntary observance of the law to be able to secure and maintain the respect of the public.

4. The degree of co-operation of the public that can be secured diminishes proportionately to the necessity of the use of physical force.

Even when we are at our objective and professional best some things are

just beyond our ability to control

We cannot control or eliminate the forces and influences that cause people to become irrational, unreasonable or violent.

The modern media viral injection of inaccurate or one sided information that forge adverse perceptions.

The impatience of people for an answer, when one is not available (Often information takes time) sometimes there is no one answer.

People tendency to see only black or white and not gray

The lack of understanding or comprehension as a result of the different standards in law versus other rules of life that… “Police actions do not have to be right, just objectively reasonable”

Thought and BeliefsWise tales and conventional wisdom are sometimes just subjective notions that sounds good for like minds…There are “objective” notions based upon the features or characteristics and there are “subjective” notions based upon what we feel.

Thought and beliefsOne of the most difficult things for us to say is…“I don’t know”There are different levels or categories of knowledge. Known facts are things that can be scientifically verified.Beliefs are things we hold to be true but may not be easily verified…

Some Guidance fromSteven D. Levitt and Stephen J.

Dubner, authors of best sellers… “Freakonomics” and “Think like a

freak”Incentives are the cornerstones of modern

life, understanding them-or, Often, deciphering them is the key to understanding a problem and how it may be solved

Knowing what to measure, and how to measure it, can make a complicated issue less so. Numbers can scrub away layers of confusion, contradiction, bias and emotional beliefs

Some Guidance from Authors

Steven D. Levitt and Stephen J.

Dubner Cont.Conventional wisdom is often wrong,

consider the vast issues between anecdotal and empirical information

Correlation does not equal causation

From “The signal and the noise” by Author Nate Silver

“The world has come along way since the days of the printing press. Information is no longer a scare commodity; we have more of it than we know what to do with. But relatively little of it is useful. We perceive it selectively, subjectively, and with out much self-regard for the distortions that it causes. We think we want information when we really want knowledge.The signal is the truth… the noise is what distracts us from the truth”

Nate Silver, “the Signal and the Noise”

forecast and predictions will always be tainted by our subjective point of view

We must think differently about our ideas-and how to test them

We must become more comfortable with probability and uncertainty

We must think more carefully about the assumptions and beliefs we bring to a problem

Dr. Philip Tetlock (on predictions and forecast) look at experts cognitive styles-how they

thought about the world classified experts along a spectrum

between hedgehogs and foxes (from Isaiah Berlin essay on Leo Tolstoy) “The fox knows many little things, but the hedgehog knows one big thing.”

Writers and thinkers can be divided into two broad categories

Foxes and Hedgehogs Mindfulness

How Foxes Think How Hedgehogs Think• Multidisciplinary• Adaptable• Self-critical• Tolerate of

complexity• Cautious• Empirical

• Specialized• Stalwart• Stubborn• Order seeking• Confident• Ideological

Food for thought in the context of mindfulness about the tensions and

perceptions of what's happening throughout our country

• Traffic enforcement patterns (revenue, citation data and enforcement standards)

• Ghost markings and no light bars on patrol cars• Routine wearing of overt tactical uniforms• No knock search warrant policy• How we deploy and use patrol K-9 resources• Documentation of tier two street encounters• Standard of articulation in our reports• Our community policing strategies and tactics

Training and Supervision are more important now than everInvestment in Reality and Scenario Based Training Interpersonal skills Implicit bias training Legal knowledge Objectivity and Critical Decision making Discretion, self-control and self-discipline De-escalation and officer safety Use of force/Arrest Domestic Violence Dealing with the mentally Ill

Think in “proactive” terms in every arena.

• Safety• Operations• Administration• Logistics• Communications• Personnel• Equipment• Training

Proactive thought process continued• Potential incidents or

events• Policies and procedures• Personnel actions• Recruiting, staffing and

organization

Proactive thought process continued

• Strategic and Tactical designs, planning and implementation

• Measuring performance and demonstrating results

• Critical thinking/Problem solving• Threat, Error and Risk Management• Innovation• Image and perceptional angles of view

The Union of Craft and Evidence Based Practice

• Will make us more educated and knowledgeable on our subjects

• Lead to better critical thinking• Promote alternative views• Cause us to be more efficient and effective• Create an intelligence environment• Develop and promote “wisdom”• Develop “Best Practices”• Provide third party objective support

turning the subjective problem into an objective solution

Objective skepticism to research results

Findings mean “Findings” and discussions mean “discussions” (Not absolutes)

Irreproducibility (Many studies cannot be replicated many can)

Exaggeration and the cherry-picking of results. (bias, perspective or mistakes) Lack of specificity, poor selection or

description of the variables Spurious correlations Problems with measurements and

incomplete data (there are a lot of human elements in our world that are difficult or impossible to measure statistically)

Dr. Bryan Vila and his current study at Washington State University at his

“Simulated Hazardous Operational Task Lab Vila’s research has produced a system they

call “deadly force judgments and decision making metrics.

Vila has determined from his findings that in terms of human response times one can’t function faster than about a quarter of a second.

Vila’s research measures important variables as officer moves through chaotic high-pressure situations to evaluate the officer’s mental stamina such as lighting, sleep deprivation or the officers level of experience.

Dr. Bryan Vila’s research Other factors must be considered as well,

such as the youth of our officers and their experiences or lack of the same

The lack of resources from the budget impacts of the great recession of 2008, the age old story of low salaries

The greater demands that stress and deteriorate the police ability to recruit and retain needed diversity, talents and qualifications.

Correll, Joshua, et al. "The Police Officer's Dilemma: A Decade Of Research On Racial Bias In The Decision To Shoot." Social &

Personality Psychology Compass8.5 (2014): 201-213. Academic Search Complete. Web.

25 May 2015.

We must acknowledge that the experience of an officer can never be ethically simulated in a lab and that there are many factors that complicate police decision-making. It is only now – after more than 10 years of research – that we have reached a point where we feel somewhat confident commenting on police work. As we conclude this review, we consider factors that dramatically affect police decision making (fatigue and fear), which may compromise controlled processes critical to the reduction of racial bias.

Experimental work with undergraduate participants reveals a clear pattern of bias (a tendency to shoot Black targets but not Whites), which is associated with stereotypes linking Blacks with the concept of danger. Subsequent work with police officers presents a more complex pattern. Although police are affected by target race in some respects, they generally do not show a biased pattern of shooting.

We suggest that police performance depends on the exercise of cognitive control, which allows officers to overcome the influence of stereotypes, and we conclude with potential implications of this research for law enforcementFor police and students of social cognition, both, it is crucial to consider (a) the need to respond quickly; (b) the ambiguity of relevant information; (c) the presence of peripheral cues like race, gender, and environment; and (d) the potential influence of difficult-to-control associations between those cues and threat.

Shootings may trigger a state known as “hypervigilance”, in which participants frantically seek escape and/or engage in a variety of seemingly nonsensical behaviors. According to Olson (1998), “officers experiencing hypervigilance might repeatedly pull the trigger of an empty weapon, misidentify innocuous items as weapons, or not see or hear innocent bystanders in the line of fire”

Sadler, Melody S., et al. "The World Is Not Black And White: Racial Bias In

The Decision To Shoot In A Multiethnic Context." Journal Of Social Issues 68.2 (2012): 286-

313. Psyc INFO. Web. 25 May 2015.

in fact, there was no evidence that target race biased a police officer’s ability to correctly shoot armed targets and to not shoot unarmed targets. Our accuracy results seemingly bode well for police officers in that implicit racial biases affected the speed of responses but not behavior

We argue that it is precisely in the early stages of an encounter that expectations police officers hold based on race, neighborhood, gender, etc., may unintentionally influence officer behavior and contribute to an escalation of the situation.

It may prove useful to broaden training considerations from how police officers react to suspect behavior (“passive” role of officers) to how they themselves behave as a situation unfolds (proactive role of officers). Mere expectation that a suspect will be violent may engender a self-fulfilling prophecy: the officer may behave in such a way to elicit aggressive behavior from the suspect resulting in an escalation of the situation. Binder and Scharf (1980) suggested that decisions made in early stages of an encounter predict whether an officer is likely to open fire as the encounter unfolds. Fridell and Binder (1992) found that a crucial stage leading to a decision to open fire is that of information exchange between officer and suspect. Situations in which an officer was unable to ascertain pertinent information, or when suspects were agitated or noncompliant, were more likely to end with use of deadly force.

Another avenue for police departments to pursue is simulation training. Research has shown that those officers trained with a combination of video and “live fire” simulation training took more preventive actions to avoid escalation in subsequent encounters (Helsen & Starkes, 1999). It is possible that implementing such training would reduce the impact of suspect race on how an encounter progresses (cf. Reisig, McCluskey, Mastrofski, & Terrill, 2004).

Constant attention to who we recruit and hire, mold on how we

think and model by the way we lead… Target areas

are:Value centered with integrity (Backgrounds

and polygraphs)DiversityCritical thinking skillsPeople skills (Emotionally intelligent)A “service” based versus a “feelings” based

mindsetRemember our issue…“We want to hire Einstein's, but we pay ditch digger wages” We must focus upon “purposeful work”

Expectations, Roles and Responsibilities and accountability

are the cornerstones

Mission/purposeJob descriptionsPolicy/ProceduresTraining

SupervisionOversightEvaluations

Targeted End ResultDefines the “Culture” of the agency Shapes attitudes fosters unity and conscious Instills and sustain purpose and

pride Promotes exemplary work ethic Produces, maintains and sustains

quality results, effectiveness and professional discipline

Zero-tolerance for unprofessional behavior

Always be mindful of…

• The bell - any warning bells sounding• The book - laws, regulations, policies, and ethics• The candle - transparency “exposure to the

light, public scrutiny”

Can you defend, will you feel good about, and will you continue to feel justified?

“It is paramount to lead by example.”

When your people see you doing right, that brings you tremendous

credibility.

Manage in a proactive “upfront fashion” deal with potential issues before they can ever

occur.

Stay in front of problems

Interactions• Engage and listen• Recognize and successfully evaluate

issues objectively• Set standards • Form vision “higher duty”• Declare expectations• Coach and demonstrate mentorship• Sincere care• Demonstrate oversight

responsibility

THE KEYS FOR 21st CENTURY POLICE LEADERSHIP

Continuously cast vision and explain “why” we do like we do…”teach”

Communicate specific expectations to employees

Define and promote consequence thinking for employees

Promote and develop the critical thinking skills of employees

Proactive culture of zero-tolerance for inappropriate behavior and conduct

THE CORNERSTONES

• Develop competency within the work unit through the growth of individuals in a team environment that promotes ownership and exemplary performance

• Provide opportunities for training and development

• Create a culture of constant evaluation and communication of feedback

Competence builds “interagency” capital Essential advantage for the manager

to lead well Promotes resource allocation Develops opportunities (a high tide

rises all boats) Builds unit pride and confidence Sustains “The Cat Bird Seat”

YOU CANNOT WORK AROUND PEOPLE

You must deal with problem subordinates forthright, they deserve it, your other subordinates deserve and expect it, your organization placed you in your position and it is your job to do it. If you cannot develop them terminate them

Agency Managers must never walk past poor performance.

“Substandard conduct must be dealt with.”

All must be viewed, weighed, examined, common sense based,

and in proper context.Performance accountability,

supervision and oversight must be comprehensive, ongoing and

complete throughout the agency.

In order for a manager to expect they must inspect.

“You must keep up on your business.”

Know about peoples conduct and behavior as it relates to issues, events,

incidents and potential problems

Managers have a responsibility to their agency

• To provide objective, specific, accurate and thorough evaluations regarding the agencies employees job performance

• Realize that administrative writings, authored by them are official government documents

• That these official records accurately describe the behavior and conduct of employees

• They are bound by that which is contained within the four corners of those documents which they author

• Must reflect the details and issues necessary to support any conclusions or judgments

“Never permit an allegation or complaint against an employee to go unaddressed. Thoroughly investigate the allegation or complaint and take

appropriate action based on the findings. “Put a stake in the heart of

the complaint or else the vampire will continue to rise from the grave.”

- Vernon Keenan

Have a Position• The majority of times issues will not die, or

go away. Like performance issues you MUST deal with them OR they will fester

• Moreover, how can you manage your business properly if you “turn a blind eye” to your oversight responsibilities toward unpleasant issues

• When you call a subordinate to get their position on an issue, you expect them to have one, doesn’t your Boss expect the same from you ?

Bad things happen in good agencies, its how you

manage it that counts…

Failures result from:o Ignoring the report of a problem. oDisallowing the appropriate agency

command staff input.oConducting perfunctory

investigations.oFailing to act or discipline when

appropriate.oDemonstrating a lack of

transparency.

“Managing Agency Errors.” Keenan and Diedrich

Credible Investigation: Ensure specific and thorough fact-finding; conduct independent investigations in a professional manner using professional methods; leave no stone unturned. Accurate Findings: Ensure the results of any investigation are both accurate and complete; all findings are based upon objective conclusions supported by specific facts.

Managing Agency Errors

Documentation: Ensure all facts, circumstances, statements, and issues are properly documented in an appropriate manner; review all such documents for accuracy and relevancy.Executive Summary: Review all findings involving your legal representatives, subject matter experts, command staff members, and involved parties before signing off on any executive summary.

Managing Agency Errors

Full Disclosures: Focus upon transparency for all.

“Be proactive, not reactive and deliberate to being honest and open.”

Utilize Resources

There is wisdom not weakness in asking for advise.

• Seek out subject matter experts• Engage and discuss issue’s with

experienced people• Utilize team approaches to issues• Talk with outside individuals from different

disciplines with a nexus to yours.• Contact outside professionals.• When appropriate, find and discuss issues

with an outsider looking in.

Independent “outside” agency Investigations will become the new norm for Officer involved

shootings

Public expectation and scrutinyMedia expectationBetter position for officer and agency

liabilityProsecutors preferenceBetter perceptional and realistic

position for legitimacy and transparency

Managers must communicate their expectations and over all mission through “preaching”

vision to their people.

A key component in the vision outline is a zero tolerance for improper and/or poor conduct

and/or behavior.

“There ain’t gonna be no days like that.” Harry G. Coursey

Having set standards creates structure, applies vision, and having known zero tolerance

consequences provides for and sustains

“the culture of the work unit.”

The “culture” of the work unit defines everything

• Professional performance• Professional behavior• Professional results• Professional image• Professional reputation

Let there be no questions about what you would do and how you

would do it.

Project, declare, and make crystal clear that “zero tolerance”

issues.

Those zero tolerance issues and red line standards

shape, mold, and develop “conduct.”

That conduct creates “the culture of the work unit.”

• Preach vision• Declare expectations• Encourage feedback• Ensure clear communications• Foster an environment for respectful

debate and participation• Remain open-minded

But remember - in the end “this ain’t a democracy!”

Work ethic is a central component of work unit

culture.Managers must require their

people to work effectively and efficiently.

People will reflect their leadership.

Insure people do their jobs

The “boss” sets the pace.

FailuresCan be a result of one error, but more often than not a “perfect storm of errors” or cascading failures• Poor work ethic• Poor or lack of supervision and oversight• Based upon incompetence, professional

arrogance or ignorance or ego or pride• Poor communications or no communications• Poor planning, cooperation, coordination,

implementation, documentation and records• Failure to “see it”• Lack of acceptance of a contrary position or

adaptation to necessary change

“It ain’t the bad apples…It’s the apple barrel…A well managed barrel will throw out the bad apples to sustain the condition of the good apples.”

In Law Enforcement/Public SafetyMentorship with legal issues is critical.

o Reasons for policy and procedureso Reasons behind lawo Courts reasons and intentionso Consequences involved

Ex: Brady, Giglio, and Bruton cases

Mentorship for individual and collective officer safety

DrivingPursuits (Vehicle and foot)Tactics (Encounters, arrest, searches

and transports)The best tool they have… (their

brain) THINKRisk versus Reward

Mentoring for social skills is critical

Citizen encounters The benefits of a “Golden Rule” mindset The advantage from using manners Instill a mindset to establish relationships and

understand the people in the communities they serve

The tremendous risk, problems and determent resulting from making marginal cases (NO POP)

Ensure the absolute requirement for, buy in and loyalty to follow the four core principles in

procedurally just behaviors… on the streets and while

supervision of other officers

1. Treating people with dignity and respect2. Giving individuals “voice” during encounters3. Being neutral and transparent in decision making4. Conveying trustworthy motives

Ask the following questions in order and

sequence regarding the issue or topic

Why? The reason why your doing something…what is the “big picture”

What? The history, specific details, what is behind this, who’s done it.

How? The steps, functions, systems and processes to achieve the desired result.

What if? Questions…thinking about different ways and applications or angles of view

Build and Foster Leadership Teams at all

Levels in the organization Purpose driven and optimistic Objective and opened minded Adaptable to change Knowledgeable, competent and confident Empathetic and conscientious Good critical thinking skills Good people skills Draws conclusions grounded in facts Can make sound decisions

Lincoln in “team of rivals" by Doris Goodwin (analogy by

Daniel H. Pink) Gave staunchest rivals power and

autonomy and developed a leadership style rooted in higher purpose

Was self-confident enough to surround himself with rivals who excelled in areas he was weak

Genuinely listen to others points of view which helped him to form more complex opinions of his own

Gave credit where credit was due and was not afraid to take the blame

Essential Qualities of 21st century Teams, General Stanley McChrystal 2015

Trust and common purposeEmphasize purpose over procedureCommitted to sharing informationStrong connections between teams“We must have a reverse command and control mindset, pushing information down, letting them make decisions instead of thinking everything must be vetted through the upper management or headquarters”

“We have repeatedly stated in our training sessions, publications, and communications with police departments that it is just not enough to draft proper policies and then simply save them in the software system or place them upon a shelf never to be seen again…”Departments must conduct ongoing training of its officers on each and every department policy, including annual training on certain high profile/high liability subject areas (e.g., use of force, reporting and investigating use of force, accepting and investigating complaints of misconduct, and constitutional policing.)

“Police departments must also ensure that its supervisors, particularly the first line supervisors, have all the training and skill necessary to adequately supervisor those officers under their command. Following officer training, supervisors absolutely must exercise close and effective supervision of officers to ensure that they are following department procedure.”

“It is only through comprehensive policies that meet constitutional standards, thorough and regular training, and effective supervision that departments can police themselves and create an early intervention system that alerts them to potential issues or dangers. Equally important, should any issues be identified, Departments must take steps to immediately address such problems before they become systematic and wide-spread, and create an environment in which unconstitutional policing is cultivated and allowed to persist.”

Should a Department ever allow this to occur, that Department’s administrators may very well find themselves on the receiving end of a telephone call informing them of the commencement of a Department of Justice investigation.”

Source: DOJ Review of Ferguson, Is it a blueprint? Daigle Law Group, LLC.

Remember attorneys and the media

• File open records to examine, analyze, plan and formulate a strategy and blue print for attack

• File interrogatories to obtain your policies and other important documentation

• Conduct depositions to obtain testimony to demonstrate the behavioral conflict with your policies and procedures

• They want to show policy says one thing and officers custom does another…they love to highlight inconsistencies in procedure, process and operations

FIVE STEPS TOWARD CRITICAL THINKING

1. A constantly objective and open mind free from emotion and belief based bias:Often our beliefs trump our ability to evaluate facts and evidence in an objective and meaningful way. It is easy to be a victim of what Dr. Kim Rossmo of Texas State University refers to as, “Belief perseverance,” an affliction where one’s beliefs close his mind to existing or new evidence that refutes his longstanding beliefs. Fact finding should be a deliberately skeptical process that proceeds from general to specific in scope when evaluating and analyzing the totality of all data and circumstances.

2. An aggressive and proactive quest for research, inquiry, and study to identify all available facts and circumstances within a sound foundation of the veracity of all information is key

One must be very dedicated and devoted toward learning all he can, as soon as he can, to insure what he learns is credible and reliable. Always remember: 99 percent of all preliminary information is either misinterpreted, embellished, exaggerated, or totally false 99 percent of the time. This is why we must always ensure our collected information contains a credible or reliable “basis of knowledge.” Always ask, “How do you know?” Make this question an essential part of you repertoire during all inquiry!

3. All conclusions must be based upon facts; all claims must be supported by facts:

Evaluate, analyze, examine, and weigh the specifics, then make sure any and all conclusions stand on those specifics processed.

4. Work with an objective process of reasoning; include others’ opinions in the process

There is wisdom, not weakness, in sharing decision-making issues when you have the benefit of time. Others opinions, ideas, and theories are imperative to promote better critical thinking as they foster open-mindedness, alternate possibilities, and alternate conclusion identification. Moreover, multiple minds always see more and cover more than one. Welcome debate and “devil’s advocate” style feedback and commentary.

5. Reflect on conclusions for alternate theories, ideas, and questions; anticipate both intended and unintended consequences:

If one has the time, always invest in provocative thought reflection to uncover additional issues, identify potential problems, form additional questions, and forecast possible consequences of action, reactions, or, when applicable, inaction. Further, reflection over one’s conclusion promotes certainty and identifies uncertainties; such uniquely prepares one for the often quickly changing environments or situations that follow decisions

“There are known knowns… These are things we know that we know.

There are known unknowns… That is to say, there are things that we know we don't know.

But there are also unknown unknowns… There are things we don't know we don't know.”

Donald Rumsfeld

Any risk related decision is likely to be acceptable if:

It conforms with relevant guidelinesIt is based on the best information

availableIt is documentedThe relevant people are informed

London Department of Health 2007

1. Be value centric:A conscience lives at the center of every being; it determines how they process and understand right from wrong, good from bad. The values we adopt and hold dear forge our beliefs, influence our thoughts, and mold mindsets. They are quick to form and difficult to change, and they will have a profound effect upon our initial evaluation and decision processes.

2. Demonstrate premier work ethic:There are two types of people: those who run toward work or those that run away from it.  Those that constantly take the initiative to seize the moment to enhance their performance and better themselves and their organization are successful. Those who don’t, well, are not. Moreover, successful abilities become a model for others to embrace and replicate. Be passionate about your work and foster that same desire around you.

3. Be servant driven:An inherit belief and overt attitude that drives behavior and conduct, that demonstrates purposeful and loyal devotion toward the organizational goals and mission over self-centered care or ambitions, lies at the center of this axiom. A servant understands how to effectively lead.

4. Demonstrate purposeful, caring, and people-sensitive behaviors

Talk about and place emphasis on purpose, the positive things the team does to achieve what is good. Articulate in meaningful terms how everyone’s contribution is valuable and important and how the results matter. Live by what you say, a major component in the evaluation and conclusion of whether a leader is a servant driven person who creates and sustains trust and builds positive relationships among others.

That is how others perceive that leader based upon their experience or the opinions of others. When people see you clothe yourself with humility and put them ahead of your own ambitions, it matters. Moreover, when they see you desire to develop and cultivate them, to make them "better" within the organization, they will far exceed your expectations.

5. Be a collaborative and communicative Commander

Cooperation, coordination, and collaboration build exemplary teams; motivated and competent teams are the future of a great organization. When fueled with and by great communication, the results will be fabulous. Constantly reach out to partner with others, build relationships, and develop reputation within a positive image; cast vision and articulate purpose to others in specific terms with sincerity and enthusiasm.

6. Be performance and results oriented:Never settle for the status quo; always desire and demand the best. Be the best and produce or exceed the results expected.

7. Be patient, but persistent:

I use the term “qualified patience” because I believe one needs to embrace the notion that things develop over time, thus the self-discipline one can sustain to let those things mature and be of great benefit in the decision making process, timing for best effect or simple reflection is needed to promote more discovery into the process.

However, patience can become a hindrance if one uses it to stall or postpone what needs to be done. Oftentimes, seizing the initiative has a tremendous advantage and is successful component toward achieving the results sought in any given set of circumstances.

This situation regarding the decision to wait or move is one of the most difficult and important aspects of command. Such requires the unique combination of competence and confidence tempered by humility and driven by the information available at the time. The key is maintaining a proactive mindset with the anticipation of probable consequence management. Never ever quit: stay dedicated, devoted, focused, and optimistic. Use optimism as an advantage in adverse circumstances and conditions.

8. Be growth and development focused:

You must develop your competencies and grow your expertise and understanding in your craft before you can teach, coach, or mentor others. Work to make others “better” than you.

9. Be adaptable to change:

Embrace change as a challenge you can win. Know that through adversity comes both strength and opportunity; change facilitates innovation.

10. Be Innovative:Innovation is the prism of advancement; finding a better way makes a better day and brighter future for everyone. Sustain an ongoing quest to innovate and promote, to create a “culture” dedicated toward new ideas, methods, and ways of achieving your organization’s goals and objectives.

12 Lessons in Management

By: John B. Edwards

1) Handle what you can at the front end to prevent difficult repairs at the rear end… Hold to your values

2) It ain’t what you want, it’s what you’ve got.3) You make your luck.4) Success = Energy x Common Sense Attitude and Persistence5) God gave you two ears and one mouth.6) One fact may have one hundred interpretations.

7) If you didn’t write it down, it didn’t happen.8) For every action there is a reaction. Weigh all consequences before you act.9) You catch more flies with honey than vinegar.10) Listen, learn, help, and lead as much as you can everyday.11) Nothing can substitute professionalism. Never lower your standards12) Do unto others as you would have them do unto you.

“Luck is when preparation and

opportunity come together.”

- Archie Rainey

You make your luck in this business.

People are your greatest asset.