Magazine_Winter2021_final_pages | Seite 42

42 WINTER . 2021 the tenants of fairness , transparency , voice , and impartiality ( https :// cops . usdoj . gov / prodceduraljustice ). The following discuss the internal affairs process through the lens of procedural justice .

Internal Affairs in 21st Century Police Agencies

is a mitigating factor , and without other aggravating factors , often education is sufficient to address the behavior and bring the employee into compliance ( Stephens , 2011 ). Remember , the goal is not to be punitive , but to change the behavior that constituted the policy violation .
Employee Record While this decision-making model may be a different way of thinking for some chief executives , one area where this model merges with tradition is through progressive discipline . When considering the facts at hand , determining if the employee has had previous retraining in the area of violation or has had similar incidents is important in the progressive discipline process . This is where otherwise non-punitive measures may turn punitive . Even regarding merely procedural errors , repeated mistakes may be indicative of overall performance issues . Departments would do well to have a solid performance plan that works to retrain and retain when possible . However , the hard truth is that police work is demanding and not everyone is capable of doing the job . If there is a certain area where an employee does not have the ability to consistently perform at standard , then perhaps a move to a more specialized non-sworn position or another profession altogether may be in order .
These are often the most difficult decisions for chief executives because , while these violations are not singularly egregious , they are nonetheless intolerable .
Processing Internal Affairs Complaints in a Procedurally Just Manner And while arriving at difficult disciplinary decisions is one of the toughest parts of a chief executive ’ s role , another very important component of the internal affairs process is ensuring all employees are treated with professionalism throughout the process . We expect officers to treat all citizens with dignity and respect and officers should be afforded the same fair treatment internally . According to the U . S . Department of Justice , Community Oriented Policing Services , procedural justice involves

impartiality ( https :// cops . usdoj . gov / prodceduraljustice ). The following discuss the internal affairs process through the lens of procedural justice .

Fairness IA staff should explain to employees the allegation ( s ) and remind officers that all complaints are handled consistently and that they will have an opportunity to provide an appropriate rebuttal to any allegations of policy violations . Investigators are encouraged to build a rapport with accused employees throughout the investigation and be accessible in case questions arise regarding the investigative process .
Transparency IA staff should keep officers in the communication loop regarding investigations . Undergoing an internal investigation is typically stressful for officers , even when there is a high probability of clearance . IA staff should check in with officers regularly to apprise them of the progress of the investigation and ensure officers that the internal lines of communication are open . Officers should know that the IA process is not conducted in secrecy but rather as openly and transparently as the investigation dictates . Especially when employees will likely be subject to discipline in a disciplinary proceeding , they should have access to the completed investigation before a final decision is rendered so that they may understand why the complaint was determined to be sustained . Being transparent in this manner is also a valuable component of fairness .
Voice Officers , of course , typically provide statements within IA investigations . Asking open ended questions to officers during interviews and allowing employees to be completely heard may very well help them view the process as what it is ; an inquiry to find the truth and to take appropriate corrective action . Just as in citizen encounters , officers that have a voice in the process and feel that have been heard completely , are more apt to view the process as fair and objective .