DISCOVERY OF INTERNAL AFFAIRS FILES

Introduction

One area of law enforcement that is only recently receiving the kind of attention it deserves is ethics. We are just beginning to recognize the values of character and ethical decision-making in developing a healthy police agency. Crucial to this new approach is a coherent and effective system of discipline. We must start to reemphasize the teaching rather than simply the punitive aspect of discipline.

The discipline system used by most police departments as we start the 21^st Century resembles the one that has been used with generally poor results for decades. Some people define insanity as doing the same thing over and over and expecting a different result. It takes more than changing the catch words to bring about fundamental changes. Observers on both the management and union “side” often view the phrase “progressive discipline” as an oxymoron. The most regrettable part is that we really know how to improve things.

The challenge is to police ourselves in a way that officers, government officials and the public are all confident is fair and effective. Rarely do any of these parties have confidence in the present system. An essential first step involves an effective internal affairs function that can be counted on to investigate complaints impartially and thoroughly. Other related improvements in the recruitment, selection, periodic evaluation and training of officers must be implemented as well. Similarly, refocusing the role of supervisors, making them coaches, mentors and role models, and giving them the responsibility and authority to implement minor corrective measures, should be a part.

The day will come when everyone will recognize that the imposition of a suspension or discharge is most likely an indictment of the failure of all parties, rarely just the individual officer.

In preparation for drafting this manual, numerous internal affairs seminars or conventions were attended. Meetings with IA officers from around the country (and even internationally) were held in a variety of settings. As a group, often these officers are among the finest and most dedicated in their agencies. When given the tools and freedom to do their jobs, IA officers are capable of and committed to uncovering the truth and, where appropriate, presenting a credible case in disciplinary hearings. They do not need more oversight from citizen commissions or more second-guessing from politicians. They need and want what all professionals in law enforcement do: training, equipment, leadership and management’s support.

We have to start somewhere. The day will come when all parties will appreciate the pivotal role IA plays in maintaining a healthy police agency. All chiefs should support their department’s IA personnel. Smaller departments should train one or more officers to perform internal investigations. The Training Council should consider offering a basic IA course. Its recent emphasis on ethics and moral decision-making is commendable. Regular in-service refresher courses are also essential in this area.