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Police
Policy and Procedures
Organizations
large and small, whether public or private are governed by certain
guidelines. In law enforcement these are called Administrative
Guides. While there are many levels of administrative guides to
focus the organization's activity, policy and procedure are the
guides that direct and point the way for our employees. Without
policies and procedures in place employees act as independent
agents, doing what they think is best in each situation without
regard to what the administrator wants.
Department
Liability
| Incident Review Analysis
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Even
small departments should have policies and procedures in place.
To attempt to run a department without written policies in place
is flirting with disaster. When a situation goes bad, and eventually
one will, the questions center on: Was there a policy to guide
the actions of the employees? Was there a procedure in place to
ensure that officers took certain essential steps? The written
directives (in place) serve to defend the administrator, the agency
and the officers involved.
If however,
the answers to these and similar questions is NO, then the officers
may be guilty of bad judgment by their actions, but the chief,
sheriff or commander (employer) may also be liable for his/her
failure to direct, failure to supervise, and/or failure to train
the employee(s). In effect, the fact that the administrator failed
to implement policies and procedures may cause liability to be
attached to the municipality (and/or to the administrator) rather
than, or in addition to, the negligent employee(s).
Whenever an
incident occurs in a law enforcement agency, whether that incident
is a police pursuit that ends in a collision; an arrest that involves
the use of force; or other similar incident, it is incumbent upon
the supervisors and administrators to ensure that the actions
taken by those involved is consistent with the policies and procedures
that guide the members of the agency. In short, incident review
and analysis is an essential part of the overall administration
of the agency. Learning from mistakes, correcting the actions
of officers and developing clear procedures for others to follow
is proof that the administration is doing its job. So, whether
the department is the New York City Police Department with 30,000
members, or the smallest two-officer operation, policies and procedures
should be developed, written, kept up-to-date and shared with
the department members.
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At
George L. Ruotolo Consulting, Inc., we evaluate police policies
and procedures (and rules and regulations) and determine if the
actions of the officers involved in an incident are consistent
with the guides in place. This is done for law enforcement (as
a defense) as well as for individuals (as plaintiffs). We also
determine if the policy or procedure is a valid, operational policy
and attempt to determine if it is deficient in some area. After
analyzing the policies, procedures and rules and regulations,
a comparison with what is done in other agencies is also conducted.
This is to determine if the agency in question is "out-of-step"
with the mainstream of the law enforcement community.
After the
analysis and comparison is complete, opinions can be offered as
to whether the action of the officers, administrators and supervisors
is in keeping with good law enforcement practice. Consider letting
George L. Ruotolo Consulting, Inc., examine your police policy
case and assist you.
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