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Internal affairs: issues for small police departments

FBI Law Enforcement Bulletin,The,  July, 2003  by Sean F. Kelly

<< Page 1  Continued from page 4.  Previous | Next

Once a finding occurs, however, work still remains. For the internal affairs process to be complete, the chief must notify the involved officer and the complainant of the finding. If applicable, the agency may take disciplinary action against the involved officer. Conversely, if a finding concludes that the complainant falsely accused the officer, the agency may file criminal complaints against that person. Many agencies choose not to take criminal action against complainants. They base this choice upon the belief that it would discourage citizens from coming forward and informing them of future violations. No right or wrong choice exists. Instead, most agencies base these choices not on written policy but on a case-by-case basis.

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CONCLUSION

The need for all law enforcement agencies to hold members accountable for their actions and to impose high standards of conduct for their employees to consistently achieve constitutes one of the most important aspects of the profession. However, no agency is exempt from internal problems. While large agencies may have a separate unit or division to handle such matters, small agencies must cope with these incidents with the limited resources at their disposal. Often, this proves a daunting task, but even the smallest agency must have mechanisms in place to either prove the allegations false or to ferret out wrongdoing.

The Durham Police Department, a small agency in New Hampshire, uses an approach that includes well-written policies that clearly delineate how its officers should conduct themselves, mission and values statements that set forth the department's goals and objectives, a strong code of ethics that every officer must learn and follow, and an investigative process that ensures a fair and impartial evaluation of any complaint. This approach can help any agency, regardless of size, handle internal affairs investigations in a sensitive and judicious manner to better serve its employees and the community that it protects.

Endnotes

(1) International Association of Chiefs of Police (IACP) Research Center, Big Ideas for Smaller Police Departments, 2002.

(2) Information about Durham was retrieved on October 28, 2002, from http://www.ci. durham.nh.us/.

(3) Whisenhut v. Spradlin, 464 US 965 (1983).

(4) Captain Chuck Hemp, "Internal Affairs," New Hampshire Police Standard and Training, February 2001.

(5) Ibid.

(6) Ibid.

(7) Durham, New Hampshire, Police Department, "Internal Affairs," Personnel and Administration Manual, February 2001.

Law Enforcement Code of Ethics

As a law enforcement officer, my fundamental duty is to serve mankind; to safeguard lives and property; to protect the innocent against deception, the weak against oppression or intimidation, and the peaceful against violence and disorder; and to respect the constitutional rights of all persons to liberty, equality, and justice.

I will keep my private life unsullied as an example to all; maintain courage in the face of danger, scorn, or ridicule; develop self-restraint; and be constantly mindful of the welfare of others. Honest in thought and deed in both my personal and official life, I will be exemplary in obeying the laws of the land and the regulations of my department. What I see or hear of a confidential nature or that which is confided in me in my official capacity will be kept ever secret unless revelation is necessary in the performance of my duty.