Chapter 11 - Complaints, Grievances, and Conflict

Three Major Legal Considerations in the Complaint Process:

1) Criminal 2) Internal 3) Civil It there is a hint of criminal behavior by the employee, the matter should be separated into a criminal and internal investigation. Criminal investigation with Miranda takes place first. Internal investigation with Garrity takes place after criminal. Civil lawsuit comes after internal investigation where a third set of rules apply.

PERF Model Policy Statement

1) Increasing Citizen confidence in the integrity of law enforcement actions 2) Permitting Law enforcement officials to monitor officers compliance with department procedures 3) By clarifying rights and ensuring due process protection to both the citizens and officers

Law Enforcement Bill of Rights Provides:

1) Officers the right to be notified of any pending disciplinary action within a reasonable time before the action takes effect 2) Treated with a specific minimum standard of fairness while under investigation 3) Request a hearing if investigation results in a recommendation of disciplinary action 4) Advance review and comment of any adverse material being placed in officer's personnel folder

Three Reasons for Conflict

1) Society has become increasingly complex 2) Managers deal with people used to getting their way 3) Resources are limited

Exonerated

A complaint or grievance in which the investigation determines that the matter did occur, but was proper and legal.

Reframing

A conflict resolution skill; a psycholinguistic technique that shifts a person's perspective to recast conflict as a positive, rather than a negative force.

Grievance

A formally registered complaint; a claim by an employee that a rule or policy has been misapplied or misinterpreted to the employee's detriment

Crunch

A major problem

Conflict

A mental or physical fight Approach-Approach Conflict - Selecting one of two positives alternatives Approach-Avoidance Conflict - Selecting one positive alternative that will also produce a negative consequence Avoidance-Avoidance Conflict - Selecting one of two negatives, commonly referred to as "the lesser of two evils" Conflict can be positive or negative. Negative conflict is destructive and can lead to disunity in individual and organizational purpose, decreased morale, and lower productivity. Positive conflict can result in personal growth and organizational growth; it can bring attention to problems that need to be resolved. Organizations with no conflict are dormant, static, unimaginative, unable to change, and in danger of becoming obsolete.

Pinch

A minor problem

Complainant

A person or group filing a complaint.

Mediation

A process of dispute resolution in which one or more impartial third parties intervenes in a conflict or dispute with the consent of the participants and assists them in negotiating a consensual and informed agreement. ADR = Alternative Dispute Resolution

Complaint

A statement of a problem. May be made by the general public, by people arrested, or by employees of the law enforcement department, including peers or managers. Can be external or internal. All complaints should be taken seriously and investigated, including anonymous complaints. Some departments require sworn statements from complainants but that can discourage honest people who may be skeptical or reticent.

Garrity Protection

A written notification that an officer is making his or her statement or report in an internal affairs investigation involuntarily.

Investigating Complaints

Can be received from any source, in person, by mail or by phone From juveniles, anonymous persons, and arrestees if the facts warrant IA Office open from morning until evening. When possible, complaints should be in writing. Investigation process should have a definite time limit such as 120 days with a one time 30 day extension. Minor infractions can be investigated by the accused officer's first line supervisor. It is not recommended that senior officers investigate junior officers. More serious allegations should be investigated by the internal affairs department

External Conflicts

Can be with other agencies or the public. Usually a lack of understanding and communication that deteriorates into a personality conflict. Dispatchers frequently receive complaints from the public and the first stages are important to defusing the situation. Except when the complainant is intoxicated or emotionally or mentally disturbed, the defusing phase takes from 1-5 minutes. If not, nothing usually works.

External politics

Chiefs should become politically active in supporting political issues affecting delivery of law enforcement services.

Unfounded

Complaint or grievance in which the act did not occur or the complaint/grievance was false.

Not-Sustained

Complaint or grievance in which the investigative facts are insufficient to support the charge.

Sustained

Complaint or grievance in which the investigative facts support the charge

Pinch Model

Illustrates the importance of communication in dealing with complaints and the consequences of not communicating effectively; a pinch, a minor problem can turn into a crunch, a major problem. Managers and subordinates need to re-negotiate, "kissing and making up" doesn't deal with the root of the problem and will eventually lead to further confrontation.

Confrontation Technique

Insisting that two disputing people or groups meet face to face to resolve their differences. May resolve the conflict or may make them worse. First step in handling disagreements between subordinates is to decide whether intervention is wise. It is best to stay out of personality clashes rather than problem centered. Managers should intervene when the conflict is disrupting the department. Meet privately with each individual to discuss the issues and to confirm they are willing to resolve the conflict. Then choose a neutral meeting location. If conflict is truly disruptive, may have to use power of position and issue an ultimatum.

Conflict Is Constructive If:

It encourages better decision making or change Makes life more interesting Reduces irritation Enriches a relationship Increases motivation to deal with problems Is stimulating

Internal Politics

Managers should first separate their responsibility from political games going on, focus on tasks to be accomplished. Refrain from discussing any politically sensitive situation with subordinates. Also respect chain of command even if they tend to side with someone lower in the hierarchy. Remain honest and objective and not tell people what they simply want to hear. When conflict ends, must smooth return to normalcy.

Sources of Conflict

Most common forms of conflict are internal: Between two or more individuals Between organization and officer Between groups within organization Between officers and other agencies or public Change is a major source of conflict 1) Individual 2) Interpersonal 3) Job Related Sources 4) Interorganizational

Resolving Grievances

Most non-contractual grievances are resolved at the first line supervisor level. If it is not resolved at this level, a formal grievance is filed and it is forwarded to the next level manager. If it remains unresolved, it proceeds to the head of the department. If still unresolved, it proceeds to voluntary arbitration, civil service board proceedings or other assigned hearing boards. The grievance procedure is an orderly procedure that applies to all employees equally and is free from interference, restraint, coercion, or reprisal.

Crisis Conflict

Must be managed by following established procedures and the chain of command.

Complainant Profile

Nearly 75 percent of all complaints against police officers come from non-white, unmarried, low income males under age 30. Officers most likely to receive these complaints were under age 30 with less than 5 years experience, high school education and assigned to uniform patrol duties.

Keys to Maintaing Healthy Conflict

Open, two way communication Receptivity to new ways of doing things Encouragement of risk taking

Principled Negotiation

Pays attention to basic interests and mutually satisfying options; avoids positional bargaining that tends to produce rushed agreements that can lead to damaged relationships. First, clearly identify the problem Second, Analyze it to determine underlying causes Third, Discuss alternative approaches to resolving it Fourth, Reduce alternatives to action ideas, implement

Garrity v. New Jersey

Supreme Court ruled it is a violation of 14th amendment due process clause when the government uses a police officer's statement in a criminal trial against that officer when he has been compelled to answer questions narrowly, specifically, and directly related to his duties.

Minimum Standards for Adjudication Include:

The burden of proof is on the Agency The standard of proof is a preponderance of evidence The standards of evidence are those of administrative law, not criminal law No presumptions of truth are made regarding facts in disputes or witness credibility; all persons are equally creditable Conclusions are logically deduced from the evidence

Grievant

The person or group filing a grievance. Grievances are an employee right and can only come from employees not the public. Law enforcement managers should not treat employees who file grievances any different from other employees.

External Complaints

Those made by citizens against a law enforcement officer or officers, a supervisor, support staff, or the entire department. Comprised of crimes, excessive force, false arrest, improper entry, unlawful search, harassment, offensive demeanor, rule infractions.

Arbitration

Turning a decision over to an individual or panel to make a final recommendation. Unlike mediation, the arbitration ruling is usually binding.

Intersubjectivity Approach

Uses 3x5 inch cards as a means to get people in conflict to share their most important ideas about a problem and to come to a mutual understanding of and respect for each other's viewpoints.

Conflict Can Result in One of Three Situations

Win-Lose Situations Lose-Lose Situations Win-Win Situations

Personal Attacks

"This is starting to really irritate me." ; Respond to the person rather than react. Defuse the other person's anger; get on the same level physically, sit if they are seated, stand if they are standing Empathize but do not patronize, "I can see how you might feel that way" Focus on the present and the future, on resolving the conflict rather than placing blame. If person continues to be angry, ask "What do you expect me to do? What do you want?" If that doesn't work, seek intervention from a higher level of authority, distance yourself from them, and limit their access to you.

Internal Complaints

Complaints by officers or employees are generally brought to the next highest manager. The primary purpose should be to correct the behavior and make the employee a contributing member of the department. Most complaints are related to working conditions or management style. One challenging area of internal complaints is a charge of disability discrimination under the Americans with Disability Act. Reasonable accommodations must be made unless the accommodation request presents an undue hardship.

Lose-Lose Situations

Conflict settled through and ineffective compromise, with neither side feeling they have accomplished their purpose. May result in greater conflicts in future.

Best Method For Dealing with Conflict

Deal with those directly involved Determine the cause of the conflict Seek a solution

Major Causes of Grievances

Dissatisfaction with physical working conditions and equipment causes most grievances. Almost a third are caused by dissatisfaction of a manager's actions. Management's failure to do what employees expect also causes dissatisfaction. Among the perceived impediments are: Failure to communicate and train employees to do an effective job Failure to explain procedures and then blaming employees for not doing it right Failure to praise when it is deserved Failure to set a good example for subordinates

Reasons subordinates do not speak up

Fear of making superior mad Not wanting to appear as though they are trying to usurp their superior's authority A lack of confidence in their own objections such that it keeps them from mentioning them Simple lack of time to engage in productive discussion

Win-Win Situation

Focus on basic merits of each side rather than on interpersonal haggling.

Reducing Internal Complaints

Personal talk Shift or department meeting Pay attention to what employees are saying in small groups Talk with individual officers Discuss matters formally or informally Help employees improve their education and work conditions Inspect and improve equipment Determine what additional equipment can be requested in next budget Give praise when it is due; when criticism is deserved, make it constructive and in private

Reducing External Complaints

Preventing misconduct is a primary way to reduce complaints. Also can be reduced by: 1) Effective recruitment and selection 2) Training 3) Policy and procedures manual 4) Effective Supervision 5) Community Outreach 6) Data Collection and Analysis

Responsibility for Conflict Management

Resolution at lowest level possible is preferable. Personnel are the most frequent source of conflict and supervisors are the front line to resolve conflict and are directly responsible for most personnel. Management should write sound policies on negotiating, educate and train officers on how to apply conflict management skills, and evaluate officers on their ability to use these skills. Group conflicts may have to proceed to middle or upper management. If there is a conflict between manager and subordinate, it should be sent to the next level. If there is a conflict between supervisors, it should be sent to middle management.

Communication

Satisfied employees who talked about it performed the best Dissatisfied employee who did not talk about it performed the worst Dissatisfied employees who did talk about it performed better than satisfied employees who did not talk about it. Communication is directly related to job performance

Avoiding Conflict

Some managers avoid conflict by seeking out employees who are not apt to "rock the boat"; using the authority of their position autocratically; increasing feelings of agreement but never actually agreeing; or stalling for time, hoping the problem will go away.

Win-Lose Situations

Supervisor uses command and control authority, giving orders and expecting them to be carried out. Subordinate obeys or faces disciplinary action. This can produce frustration.