Section IV Managing Problems

1. Section IVManaging Problems Chapter 11 Complaints, Grievances and Conflict

2. Complaints and Grievances Defined • Complaints • A statement of a problem • Grievances • Formally registered complaints

3. Complaints • Can be made by • General public • People arrested • Employees of the law enforcement department • The person or group filing the complaint is called the complainant.

4. External Complaints • Made by citizens against law enforcement • Causes of external complaints: • Excessive force • False arrest • Harassment

5. Reducing External Complaints • Effective recruitment and training • Policy and procedures manuals • Effective supervision • Community outreach • Data collection and analysis

6. Internal Complaints • Made by officers or employees • Causes of internal complaints: • Working conditions • Management style

7. Reducing Internal Complaints • Make time for a personal talk or department meeting • Determine the cause of discontentment. • Pay attention to what employees are saying in small groups. • Open lines of communication.

8. Complaint Policies • Never take a complaint lightly. • All complaints must be investigated.

9. Handling and Investigating Complaints • A careful investigation of a complaint: • Instills confidence in management’s fairness • Protects those accused of wrongdoing • The burden of proof is on the agency. • The standard of proof is a preponderance of the 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.

10. Internal Affairs Investigations • Review all evidence. • Obtain copies of all associated elements of the case. • Interview all involved parties.

11. Officers’ Rights and Legal Procedures • The National Association of Police Organizations (NAPO) provides legal resources to police defendants and their attorneys. • Several states have enacted Law Enforcement Officers’ Bills of Rights (LEOBR). • Constitutional amendments • Garrity protection

12. Police Officers’ Bill of Rights • Right to be notified of any pending disciplinary action within a reasonable time before the action takes effect • Right to be treated with minimum standards of fairness while under investigation • Right to request a hearing if an investigation results in a recommendation of disciplinary action • Right to an advance review and comment on any adverse material being placed in the officer’s personnel file

13. Civilian Review Boards • Designated to investigate and dispose of complaints against law enforcement officers • Help reduce public belief that police whitewash wrongdoing within the agency • Can make recommendations; cannot impose discipline

14. Grievances • A claim by employees that a rule or policy has been misapplied or misinterpreted to their detriment • Can only come from law enforcement employees, not from the public • The person filing the grievance is a grievant.

15. Causes • Dissatisfaction with physical working conditions and equipment • Dissatisfaction with management’s actions

16. Resolving Grievances • Informal grievance procedure • Formal grievance procedure

17. Mediation and Arbitration • Mediation • Brings in a neutral, outside, third party to try to reconcile the two sides after hearing both and to recommend non-binding solution • Arbitration • Brings in a third party who listens to both sides • May be formal or informal • Recommended solution is binding • Carries the weight and authority of a court ruling

18. Disposition of Complaints and Grievances • A complaint of grievance investigation usually results in one of four findings: • Sustained • Not sustained • Exonerated • Unfounded

19. Conflict • A struggle, a fight, a conflict or a clash • Types of conflict: • Approach–approach conflict • Approach–avoidance conflict • Avoidance–avoidance conflict

20. Contrasting Views of Conflict • Conflict has always existed between people and organizations. • How managers approach conflict determines whether it’s a negative or positive force within the organization. • A healthy amount of properly handled conflict motivates individuals and organizations. • Conflict can keep a groove from turning into a rut.

21. Constructive Conflict • Encourages better decision making and/or change • Makes life more interesting • Reduces irritation • Enriches a relationship • Increases motivation to deal with problems • Is stimulating

22. Sources of Conflict • Individual sources • Interpersonal sources • Job-related sources • Sources outside the organization

23. Responsibility for Conflict Management • A manager’s responsibility is to • Recognize conflict when it occurs • Have a system for reporting conflict • Take action as soon as possible

24. Guidelines for Crisis Management • Anticipate the kinds of conflict and who might be involved. Establish precedents. • Make certain one person is clearly in charge. • Make certain all officers know what they are responsible for doing. • Keep lines of communication open. Keep everyone involved informed, including your superior, but also control the flow of information. • Make decisions that allow the most options. • If the crisis is prolonged, put someone in charge of routine duties that still must be performed while the crisis continues. • As the crisis winds down, expect delayed stress reactions (depression, irritability, irrational outbursts). Hold debriefings. • Return to normal operations as soon as possible. • Evaluate performance and identify conflicts that should have been avoided or handled differently.

25. Handling Personal Attacks • Respond rather than react. • Defuse the other person’s anger.

26. Handling Disagreements Between Others in the Department • Listen to both sides to understand the issues. • Do not take sides. • Separate the issue from personalities. • Do not speak for one to the other. • Get the parties to talk with each other and to listen. • Point out areas of misunderstanding, but place no blame. • Get the parties to reverse roles to see the other’s point of view. • Search for areas of agreement. • Allow both to save face in any solution reached. • Stress the importance of resolving the conflict. • Monitor any solution agreed upon. • If no solution can be reached, suggest a third-party mediator or negotiator.

27. Dealing with External Conflicts • Conflicts with other agencies • Conflicts with the public

28. Dealing with Internal and External Politics • Separate responsibility from political games. • Focus on tasks to be accomplished. • Refrain from discussing sensitive situations with subordinates. • Respect the chain of command.

29. Keys to Maintaining Healthy Conflict • Open, two-way communication • Receptivity to new ways of doing things • Encouragement of risk-taking

30. A Problem-Solving Approach to Conflict • Understand each party’s views. • Identify underlying needs and concerns. • Search for potential solutions. • Enumerate probable consequences. • Select manageable alternatives that satisfy all parties. • Develop mechanisms to monitor and adjust.

31. Types of Conflict Results • Win-lose situations • Lose-lose situations • Win-win situations

32. Conflict Resolution Skills • Principled negotiation • Reframing