University of IndianapolisPolice Administration

CRIM 340-50Segment 2: Starting with chapter 5

Thomas N. Davidson, J.D.www.thinblueline.ws

Ideas for the Midterm Paper

• Define community policing, what are the pros and cons with community policing.

• Describe the use of DUI checkpoints. Are they legal.? Are they effective?

• Define crime analysis. Give examples of different types and how they are used.

• Define the exclusionary rule. Explain the rationale for it. Should it be discarded in favor of something more like the English rule?

• Explain the concepts of vertical and horizontal differentiation as applied to organizational design with police departments.

Ideas for the Midterm Paper

• Describe the war on drugs. When did it begin? How is it going? Has it been lost?

• Is profiling legal, ethical, effective? Describe what profiling is and how the police use it.

• What are the major components of total quality leadership and how do they relate to police departments?

• Explain the Johari Window & how different scenarios in each arena affect the management of police departments.

Ideas for the Midterm Paper

• Discuss barriers to communication and how it effects the decision making process, professional relationships, and crisis intervention.

• Discuss affirmative action, reverse discrimination and assignments or promotions based on diversity.

• Discuss measures to identify, prevent, interdict, and remedy police misconduct.

• Discuss police stress, suicide, and measures to identity, prevent, interdict and remedy this issue.

Ideas for the Midterm Paper

• What are the factors that led to police unionizing? Is it a good or bad thing? Should police be allowed to strike?

• How can police reduce their liability with respect to high speed chases?

• Explain 42 USC § 1983 violation of civil rights. How can police departments reduce their liability.

• Discuss 1st amendment issues of free speech and freedom of religion as it relates to police work (Can police departments take action against officers who refuse work based on religious beliefs? What about if officers openly criticize their superiors?

Ideas for the Midterm Paper

• Should police officers be held to higher standard than other citizens when sentenced for crimes or disciplined? Argue both sides, give examples.

• Discuss the synoptic planning approach and describe methods of selecting a preferred course of action.

• Discuss forfeiture, donations, fund-raising, user fees, special police taxes, special fines as a way of funding police operations. Ethical issues?

• Discuss the use of force continuum, Garner v. Tennessee and the use of less than lethal weapons.

Organizational Design

• What jobs need to be done.

• Determining how to group the jobs (patrol, investigation, et cetera).

• Forming grades of authority.

• Balancing responsibility and authority.

Specialization

• Placement of responsibility.

• Development of expertise.

• Promotes group esprit de corps.

• Increases efficiency and effectiveness.

Organizational Structure

1. Formal relationship of duties of personnel in the department, which include org-chart and job descriptions.

2. Formal SOPs, polices, & rules.

Grouping Activities

• By clientele.

• By style of service.

• By geography.

• By time.

• By process.

Span of Control

• Narrow span of control makes departments taller.

• Taller agencies are more complex and react slower to crisis (too many levels of communication).

Types of Organizational Design

• Line structure (oldest and simplest).

• Line and Staff structure (internal support is added).

• Functional structure (delegation of management authority outside of normal span of control.

Decentralization v. Centralization

• Traditional approach.

• Community policing.

Traditional v. Community Policing

• Bureaucratic• Centralized• Hierarchical• Specialization• Closed organization

orientation

• Nonbureaucratic• Decentralization• Flattened

management• Generalization• Open organizational

orientation

Staff v. Line

• Line view staff as attempting to assume authority over line elements instead of supporting them.

• Staff contend that line commanders don’t know how to use staff perssonel.

Expanding the Personnel Pool

• Citizen academies.

• Citizens on patrol.

• Reserves.

• Volunteers.

LeadershipLeadership Leadership is the process where a

person exerts influence over others and inspires, motivates and directs their activities to achieve goals.

Effective leadership increases the firm’s ability to meet new challenges.

– Leader: The person exerting the influence.• Personal Leadership Style: the ways leaders

choose to influence others.– Some leaders delegate and support subordinates, others

are very authoritarian.– Managers at all levels have their own leadership style.

Leadership Across CulturesLeadership Across Cultures

• Leadership styles may vary over different cultures.– European managers tend to be more people-

oriented than American or Japanese managers.• Japanese culture is very collective oriented, while

American focuses more on profitability.– Time horizons also are affected by cultures.

• U.S. firms often focus on short-run efforts.• Japanese firms take a longer-term outlook.

Sources of PowerSources of Power

RewardRewardPowerPower

RewardRewardPowerPower

LegitimateLegitimatePowerPower

LegitimateLegitimatePowerPower

CoerciveCoercivePowerPower

CoerciveCoercivePowerPower

ExpertExpertPowerPower

ExpertExpertPowerPower ReferentReferent

PowerPower

ReferentReferentPowerPower

Enable managers to beEnable managers to beleaders & influenceleaders & influence

subordinates to subordinates to achieve goalsachieve goals

Enable managers to beEnable managers to beleaders & influenceleaders & influence

subordinates to subordinates to achieve goalsachieve goals

Sources of PowerSources of Power

• Used to affect other’s behavior and get them to act in given ways.– Legitimate Power: manager’s authority resulting

by their management position in the firm.• Can be power to hire/fire workers, assign work.

– Reward Power: based on the manager’s ability to give or withhold rewards.

• Pay raises, bonuses, verbal praise.• Effective managers use reward power to signal

employees they are doing a good job.

Sources of PowerSources of Power– Coercive Power: based in ability to punish others.

• Ranges from verbal reprimand to pay cuts to firing.• Can have serious negative side effects.

– Expert Power: based on special skills of leader.• First & middle managers have most expert power.• Often found in technical ability.

– Referent Power: results from personal characteristics of the leader which earn worker’s respect, loyalty and admiration.

• Usually held by likable managers who are concerned about their workers.

EmpowermentEmpowerment

• Process of giving workers at all levels authority to make decisions and the responsibility for their outcomes. Empowerment helps managers:

Get workers involved in the decisions.

– Increase worker commitment and motivation.

– To focus on other issues.

• Effective managers usually empower substantial authority to workers.

Leadership ModelsLeadership Models– Trait Model: sought to identify personal characteristics responsible for effective leadership.

Research shows that traits do appear to be connected to effective leadership.

–Many “traits” are the result of skills and knowledge.–Not all effective leaders possess all these traits.

– Behavioral Model: Identifies types of behavior.Consideration: leaders show care toward workers.

–Employee-centered.

Initiating Structure: managers take steps to make sure work is done.

–Done by assigning work, setting goals, etc.–Job-oriented.

ConsiderationConsideration Initiating StructureInitiating Structure

Consideration & Initiating Structure

Consideration & Initiating Structure

Is friendly, approachable

Do little things to make it funto be a member of group

Give advance notice of changes

Willing to make changes

Treats group members as equals

Is friendly, approachable

Do little things to make it funto be a member of group

Give advance notice of changes

Willing to make changes

Treats group members as equals

Tries out ideas in the group

Lets group members know what is expected

Assigns workers to tasks

Schedules work to be done

Maintains standardsof performance

Tries out ideas in the group

Lets group members know what is expected

Assigns workers to tasks

Schedules work to be done

Maintains standardsof performance

Contingency Models Contingency Models

Fiedler’s Model: effective leadership is contingent on both the characteristics of the leader and the situation. – Leader style: the enduring, characteristic

approach to leadership a manager uses.• Relationship-oriented: concerned with developing

good relations with workers.• Task-oriented: concerned that workers perform so

the job gets done.

Fiedler’s Model Fiedler’s Model

– Situation characteristic: how favorable a given situation is for leading to occur.

• Leader-member relations: determines how much workers like and trust their leader.

• Task structure: extent to which workers tasks are clear-cut.

– Clear issues make a situation favorable for leadership.

• Position Power: amount of legitimate, reward, & coercive power a leader has due to their position.

– When positional power is strong, leadership opportunity becomes more favorable.

Fiedler’s Contingency ModelFiedler’s Contingency Model

GOOD POORGOOD POOR

HIGH LO W HIGH LOW HIGH LO W HIGH LOW

SS WW SS WW SS WW SS WW

Leader-MemberRelations

TaskStructure

PositionPower

Kinds ofLeadershipSituations

VeryFavorable

VeryUnfavorable

I II III IV V VI VII VIII1

Relationship-oriented managers most effective in IV, V, VI, VII.Task-oriented managers most effective in I, II, III or VIII.

Using Fiedler’s ModelUsing Fiedler’s ModelCan combine leader-member relations, task structure, and

position power to identify leadership situations. • Identifies situations where given types of managers

might perform best.– Leader style is a characteristic managers cannot

change. Thus, managers will be most effective when:

1) They are placed in leadership situations that suit their style.

2) The situation can be changed to fit the manager.

House’s Path-Goal ModelHouse’s Path-Goal Model– Model suggests that effective leaders motivate

workers to achieve by:1) Clearly identifying the outcomes workers are

trying to achieve.

2) Reward workers for high-performance and attainment.

3) Clarifying the paths to the attainment of the goals.• Path-Goal is a contingency model since it proposes

the steps managers should take to motivate their workers.

– Based on Expectancy Theory.

Steps to Path-GoalSteps to Path-Goal1) Determine the outcomes your subordinates

are trying to obtain.• Can range from pay to job security or interesting

work.– Once outcomes determined, manager needs to be sure

they have the reward power to provide these.

2) Reward subordinates for high-performance and goal attainment with the desired outcomes.

3) Clarify the paths to goal attainment for workers, remove obstacles to performance, and express confidence in worker’s ability.

Motivating with Path-goalMotivating with Path-goal– Path-goal identifies four behaviors leaders can use:

1) Directive behaviors: set goals, assign tasks, show how to do things.

2) Supportive behavior: look out for the worker’s best interest.

3) Participative behavior: give subordinates a say in matters that affect them.

4) Achievement-oriented behavior: Setting very challenging goals, believing in worker’s abilities.

– Which behavior should be used depends on the worker and the tasks.

Leader-Substitute ModelLeader-Substitute Model– Leadership substitute: acts in the place of a leader

and makes leadership unnecessary. Possible substitutes can be found:

• Characteristics of Subordinates: their skills, experience, motivation.

• Characteristics of context: the extent to which work is interesting and fun.

• Worker empowerment or Self-managed work teams reduce leadership needs.

– Managers need to be aware that they do not always need to directly exert influence over workers.

Transformational LeadershipTransformational Leadership– Started with von Pierer, CEO of Siemens, and

allows dramatic improvements in management effectiveness.

– Transformational managers:• Make subordinates aware of how important their

jobs are by providing feedback to the worker.• Make subordinates aware of their own need for

personal growth and development.– Empowerment of workers, added training help.

• Motivate workers to work for the good of the organization, not just themselves.

Transformational LeadersTransformational Leaders– Transformational leaders are charismatic and

have a vision of how good things can be.• They are excited and clearly communicate this to

subordinates.– Transformational leaders openly share

information with workers. • Everyone is aware of problems and the need for

change. • Empowers workers to help with solutions.

– Transformational leaders engage in development of workers.

• Manager works hard to help them build skills.

Transactional LeadershipTransactional Leadership• Involves managers using the reward and

coercive power to encourage high performance.

• Managers who push subordinates to change but do not seem to change themselves are transactional.

• The transactional manager does not have the “vision” of the Transformational leader.

Gender and LeadershipGender and Leadership• The number of women managers is rising

but still relatively low in top levels.• Stereotypes suggest women are supportive

and concerned with interpersonal relations. Similarly, men are seen as task-focused.– Research indicates that actually there is no

gender-based difference in leadership effectiveness.

– However, women are seen to be more participative than men.

Communication Process

• Encode

• Transmit

• Medium

• Reception

• Decoding

• Feedback

Medium

• Oral (face to face).

• Radio.

• Telephone.

• Email.

• Written.

• Sign language.

Communication

• Channel I: Nonverbal

• Channel II: Verbal

• Channel III: Para-verbal (How we say things, grunts, groans, tone, etc.)

Effective Use of Silence

• When you are about to say something important; or

• When you have just said something significant.

Communication Interference

• Noise, temperature, physical distractions.

• Inability to hear or see.

• Poor sender-receiver relationship.

• Language.

• Dropped calls.

Communication Barriers

• Senders incorrectly assumes that the receiver has knowledge needed to understand the message.

• Unsuitable medium.• No feedback.• Feedback incorrectly interpreted.• Cultural differences.• Poor listener.• Jump to conclusions.

Roadblocks to Effective Listening

• Not paying attention.

• Pseudo listening.

• Rehearsing & waiting for disagreement.

• Interrupting.

• Interference.

• Hearing what is expected.

• Being defensive.

Interpersonal Roadblocks

• Moralizing.• Directing.• Admonishing.• Teasing.• Sarcasm.• Connotative language.• Lack of respect.• Taking “it” personally & emotions.

Building Rapport• Time – as time progresses, relationships

can develop.• Self-disclosure – don’t force it, but when

appropriate discuss your own interests or feelings.

• Empathy – not sympathy.• Show concern – use tone of voice.• Help person to save face.• Utilize “active listening” skills.

Active Listening

• Emotion labeling – also be aware of missing emotions.

• Paraphrasing.

• Reflecting or mirroring.

• Effective pauses.

• Minimal encouragers.

• “I” messages.

Johari Window

Conflict

Conflict involves competition between 2 or more individuals or groups who have incompatible interests and who are interdependent.

Responses to Conflict

• Avoidance

• Accommodation

• Competition

• Compromise

• Collaborate

Approaches to Addressing Conflict

• Positional – contest , demands, locked positions. The positional approach is the traditional model.

• Interest Based – underlying needs, values, & goals of the parties. Particularly useful when relationships matter.

Approaches to Addressing Conflict

• Power based approach – one party wields power over the weaker party.

• Rights based approach – is based on rules and regulations.

• Interest based approach – is based on the parties’ underlying needs or interests.

Distributive Negotiation

• Traditional model.

• Parties view the potential outcome as limited to a fixed pie with only so many slices that can be distributed.

• A win for one party is a loss for the other.

Integrative Negotiation

• Parties educate each other about their respective needs and engage in problem solving to reach a resolution that integrate their needs.

• Relationships are important.

• Look for shared interests.

5 Step Conflict Resolution Model

1. Assess the situation – Identify parties, sources, triggers, & issues.

2. Clarify the problem – Use direct communication, active listening skills, “I” messages, attack the issue not people.

3. Define interests and common ground.

4. Generate Options – Brainstorm, invent first decide later, overlapping interests, win-win.

5. Decide & Implement – Collaborate on criteria.

9 Step Process for the Mediator

• ID interests and distinguish from demands.• ID each side’s worst fears and best outcomes.• ID overlapping interests.• ID transaction costs.• Point out overlapping interests & how they move each

side closer.• Point out how transaction costs move each side further

away.• Concentrate on interests and avoid demands.• Suggest alternatives that will reduce transaction costs

and move each side closer.• Be professional, stick to issues and be non-judgmental.

Human Resource Management• Policy and procedures.• Performance appraisals.• Recruiting.• Promotion evaluations.• Position classifications.• Benefits.• Union negotiations.• Training programs.

Recruitment & SelectionRecruitment & Selection

Human ResourcesHuman ResourcesPlanningPlanning

Human ResourcesHuman ResourcesPlanningPlanning Job AnalysisJob AnalysisJob AnalysisJob Analysis

Determine recruitmentDetermine recruitment& selection needs& selection needs

Determine recruitmentDetermine recruitment& selection needs& selection needs

HRM Planning: Job AnalysisHRM Planning: Job Analysis

– Job analysis determines the tasks, duties and responsibilities of the job.

• A job analysis should be done for each job in the organization.

• Job analysis can be done by:– Observe current workers.– Questionnaires filled out by worker and managers.

• Current trends are toward flexible jobs where duties are not easily defined in advance.

Reliability & ValidityReliability & Validity

– Selection tools must be reliable and valid.• Reliability: the degree to which the tool measures

the same thing each time it is used.– Scores should be close for the same person taking the

same test over time.

• Validity: Does the test measure what it is supposed to measure?

– Example: does a physical ability test really predict the job performance of a firefighter?

• Managers have an ethical and legal duty to develop good selection tools.

Americans with Disabilities Act (ADA)

• Has a disability or is perceived to have a disability;

• Otherwise qualified; and

• Denied solely because of the disability.

• Reasonable accommodation.

• Current use rule.

Defenses

• BFOQ

• Business Necessity

• Employee’s claims (facts) are not true

Title VII of the Civil Rights Act of 1964

Title VII of the Civil Rights Act of 1964 prohibits the unequal treatment of persons based on race, color, national origin, religion, gender, age, or disability.

• Disparate treatment. Prove that you:1.A member of a protected class; and2.Qualified; and3.Rejected, demoted, or terminated; and4.Position filled by a person not in a protected

class.

Title VII of the Civil Rights Act of 1964

Disparate Impact: Practices or procedures that are not intentionally discriminatory but have the effect of discrimination.

Four-Fifths Rule: Minorities are hired or promoted at a rate less than fourth-fifths of the rate for the group with the highest rate of hiring or promoting.

Employees prima facie case• Belongs to a protected group• Was qualified for the job• Was rejected• Position remained open and search

continued

Employer claims action was taken for legitimate nondiscriminatory reasons. Employee counters that the reasons are simply a pretext for discrimination.

Affirmative Action: Life in the 1960’s

Oppression of the Rights of Women and Minorities

Right to Vote Restriction of First

Amendment Rights: Free Speech / Right to Protest

Discrimination Separation of Races Violence

Why Affirmative Action?

• Employers were much more likely to employ a white than a minority.

• Minorities usually had only the most menial of jobs open to them.

• Minorities and women were often paid lower wages, even if their work was better than their white counterparts’.

Civil Rights Act of 1964• Title I Equal Voting Rights• Title II Outlawed Discrimination in Public Places Engaged in

Interstate Commerce• Title III Encouraged and Provided a Means for the Desegregation

of Public Schools• Title IV Authorized Withdrawal of Funds from Programs Practicing

Discrimination• Title V Outlawed Employment Discrimination; Created Equal

Employment Opportunities Commission

What is Affirmative Action?

• A common misunderstanding:

Reservation of certain facilities to ‘under-privileged’ minorities

• What it really means: Title VII of the 1964 Civil Rights Act states that: “703 (j) Nothing

contained in this title shall be interpreted to require any employer… to grant preferential treatment to any individual or to any group because of the race, color, religion, sex, or national origin group on account of any imbalance which may exist with respect to the total number or percentage of persons of any race, color, religion, sex, or national origin by any employer…”

Affirmative Action = Reverse Discrimination?

What does Affirmative Action really mean?

• 1. Among qualified candidates (applicants, etc.), affirmative action means that the underrepresented candidate(s) should get the nod; or

• 2. Among equally qualified candidates, affirmative action means that the underrepresented candidate should get the nod; or

• 3. Among unequally qualified candidates, affirmative action means that underrepresented status serves as a "plus factor" that may elevate an (otherwise) less qualified candidate over (otherwise) more qualified candidates; or

• 4. Affirmative action means equality of opportunity as opposed to equality of outcome.

Employee Polygraph Protection Act

• Prohibits:

1.Requiring or causing employees to take lie detector tests;

2.Using the results of a lie detector tests; and

3.Taking negative action as a result of a lie detector tests.

• Exceptions: police, people dealing with $$, certain security personnel.

Age Discrimination in Employment Act (ADEA)

• Discrimination on basis of age against persons 40 or older; and

• Mandatory retirement for non-managerial employees.

• Public safety exception.

Family Medical Leave Act

• 12 weeks per 12 month period.

• Benefits continue during leave.

• Unless and exception exists, the employer guarantees reemployment after leave.

• FMLA does not apply to employers employing less than 50 employees or to employees with less than year seniority or less than 25 hours per week for the previous year.

USERRA

Uniform Services Employment & Reemployment Rights Act

• Reemployment rights

• Free from discrimination & retaliation

• Health insurance

• Pension protection

Equal Pay Act

• Men and women doing the same job, same qualifications, should be paid the same.

Free speech of government employeesA government employee in Indiana is wrongfully

disciplined for statements made by the employee if:• First, the employee was speaking on a matter of public

concern about which free and open debate is vital to the decision making of the community.

• Second, the reviewing court must balance the interests of the employee, as a citizen, in commenting upon matters of public concern and the State's interest, as an employer, in running an efficient operation.

• Third, the employee's protected conduct must be a motivating factor in the State's decision to [discipline the employee.]

Freedom of religion of government employees

Generally, a reasonable accommodation must be made to allow an employee to practice their religious beliefs.

However if strongly-held religious beliefs that, if exercised by law enforcement officers during the course of their duties, would thwart the most basic tenets of public protection: the neutral enforcement of laws and protection of potential victims, then a police agency can terminate the officer. An accommodation that would allow a law enforcement officer to choose which laws to enforce and whom to protect would be "unreasonable [for] any police or fire department to tolerate." Endres, 2003 WL 21480361.

FLSA Overtime

• Except for public safety employees anything over 40 hours in a work-week for non-exempt employees is compensated at 1.5 times the rate of pay or in comp time.

• Exempt employees.

Performance Appraisals

• Job related

• Reliable – measures what it is designed to measures.

• Valid – behaviors being measured are relevant. Job task analysis can be used to identify SKAs.

Rating Errors

• Pygmalion effect.

• Halo error.

• Recently error.

• Tendency error.

Ethical Judgment AnalysisFree will

MotiveEffects to

others

Act or Omission

Model

Apologia

• Act or omission.

• Cognitive Dissonance.

• Rationalization that transforms the act or omission to being ethical.

Cognitive dissonance is a psychological term which describes the uncomfortable tension that comes from holding two conflicting thoughts at the same time.

Ethical Models

Deontological ethics or deontology (Greek: Deon meaning obligation or duty) is a theory holding that decisions should be made solely or primarily by considering one's duties and the rights of others. If the act is good, then ethical even if bad outcome and vice versa.

Ethical Models

Consequentialism (Teleological Model) refers to those moral theories that hold that the consequences of a particular action form the basis for any valid moral judgment about that action. Thus, on a consequentialist account, a morally right action is an action which produces good consequences. The act may look bad, but if good result, then ethical.

Ethical Models

Utilitarianism is the ethical doctrine that the moral worth of an action is solely determined by its contribution to overall utility.

Ethical Models

The Kantian-Utilitarian Principle emphasis doing the most good at the expense of the least amount of people. It recognizes that there may be a means to an end. But it is only ethical if as few people as possible are treated as means to the end that brings good the greater number.

Ethical Models

Egoism is belief that one ought to do what is in one's own self-interest, although a distinction should be made between what is really in one's self-interest and what is only apparently so. What is in one's self-interest may incidentally be detrimental to others, beneficial to others, or neutral in its effect.

Ethical Models

Altruism is an ethical doctrine that holds that individuals have an ethical obligation to help, serve, or benefit others, if necessary at the sacrifice of self interest.

Internal Affairs Investigations

• Founded.

• Unfounded.

• Exonerated.

• Undetermined.

Garrity Rule

By invoking the Garrity rule, the officer is invoking his or her right against self incrimination. Any statements made after invoking Garrity, may only be used for department investigation purposes and not for criminal prosecution purposes. The Garrity Rule stems from the court case Garrity v. New Jersey, 385 U.S. 493 (1967), which was decided in 1966 by the United States Supreme Court. It was a traffic ticket fixing case.  

Is drug testing employees legal?• For private employers there is no 4th Amendment or

other constitutional issues.• Look to your state law for prohibition or regulation on

drug testing.• Government employers must be cognizant of USC

issues:

1. Articulable suspicion

2. Safety sensitive employees• Watch out for tort traps such as false imprisonment,

IIED, defamation, & wrongful termination.

Last chance agreements

In general, last chance agreements are probationary contracts negotiated by an employer with an employee who faces termination or serious discipline. The employer agrees not to execute the discipline, and the employee promises to rehabilitate his or her performance in definite ways. Last chance agreements usually contain a clause by which the employee waives his or her right to any administrative disciplinary appeal if the employee violates the agreement within a distinct timeframe.

Enforceability of last chance agreementsThe courts have found: 1) employees may voluntarily waive

their statutory rights; 2) the fact that an employee may face serious discipline or termination does not nullify the voluntariness of the agreement; 3) employers may not illegally discriminate, negotiate in bad faith, abuse discretion or engage in prohibited personnel practices; 4) employers must inform the employee of the alternatives and consequences of the agreement and not misstate the employees options; 5) to avoid findings of unfair arbitrary and capricious agreements, the agreements should not be open ended (usually one year) and be directed towards correcting the employee’s specific behaviors, conduct and derivative unsatisfactory performance; and 6) there must be review for determining whether the agreement was breached by the employee

Retirement

• Psychological.

• Financial.

• Life after law enforcement.