Dr. Kardasz:
What follows is an interesting letter to the Editors of his local paper by the Police Chief in Lorain, Ohio. Chief Rivera does a nice job of summing up the challenges and difficulties of the disciplinary process and he outlines some of the challenges his community faces.
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Perspective: Lorain police chief tells it like he sees it
10/05/2006, From The Morning Journal, Loraine, Ohio,
By Chief Cel Rivera , Lorain Police Department
For the past five to six weeks the Plain Dealer has been conducting an exhaustive review of every employee's personnel file and every administrative investigation within the Lorain Police Department. It culminated in a front page story on Sunday, Sept. 30. Despite the fact that most of the records were provided by our department the story contained many factual errors and incomplete information. I want to address many of the issues that were raised.
The story attempts to give the impression that the Lorain Police Department is a law enforcement agency that is out of control. Nothing could be further from the truth. The men and women of the LPD provide a valuable service, often under trying conditions and at great risk.
The support staff that backs up these officers in communications, records, evidence and administration works tirelessly. Almost always, the service provided by the Lorain PD is offered with integrity, courage and honor.
There are certainly times when an officer or employee will stray from the Professional Code of Conduct, use bad judgment, or just make an honest mistake. There is a human being behind that badge -- with all of the frailties that we all share.
The Plain Dealer infers that recent disciplinary decisions are more severe than in the past; of course, the assumption is that they are responsible for our new-found sense of accountability. However, it's a bogus charge. Charges of abuse that have been sustained or represent a serious breach of our Rules of Conduct have always been dealt with severely. Here is an additional list that was provided to the Plain Dealer, but was left out of the story:
- Narco Detective stealing drugs from evidence. Discovered internally. Criminally charged and terminated. Sentenced to prison. Released and became model husband and father.
- Correction officer allowing certain prisoners out of cells during night and permitting them to watch TV with him in the Control Room. Terminated.
- Patrol sergeant caught during prostitution sting. Discovered internally. Criminally charged, but no-billed by grand jury. Terminated, but returned to position by arbitrator.
- Patrolman kicked prisoner when he was down. Turned in by fellow officers. Fired.
- Telecommunicator filing false police report and lying during internal investigation. Terminated.
- Patrolman making inappropriate telephone calls to young female. Discovered during criminal investigation. Indicted and terminated.
- Narco Detective stealing drugs from evidence cabinet. Discovered internally. Criminally charged and terminated. Sentenced to Lorain-Medina Correctional Institute. Released and became model citizen.
- Patrolman abused prisoner and failed to provide immediate medical relief. Internally discovered. Criminally charged, but found not guilty by jury. Terminated, but arbitrator reduced to 14 month suspension.
- Patrolman found to have had inappropriate sex with underage female years prior to employment with police department. Information obtained from citizen. Criminally charged and terminated.
- Patrol sergeant involved in off-duty bar fight incident and pistol-whipped citizen. Terminated, but arbitrator returned to position, demoted to patrolman.
- Probationary patrolman involved in off-duty fight and disrespect to Cleveland police officers in the Flats. Terminated.
- Correction officer stealing money from ''illegal immigrant'' prisoners. Internally discovered. Criminally charged and terminated.
- Patrolman accused of sexual assault against estranged wife. Criminally charged and agreed to resign.
The decision-making process is easy when you are dealing with a serious offense. It becomes more complex when you try to apply an appropriate level of discipline in response to a less serious violation. First, there is a contractual obligation that discipline be administered in a constructive and progressive manner. No action can be taken against an officer when s(he) is exonerated or the complaint is determined to be ''not sustained.''
Many police encounters are one on one and often it is the word of one person against the other.
There have been many instances where persons arrested or cited have filed false complaints against officers.
Once an officer or employee is determined to have violated the Rules of Conduct, then the question becomes what is the appropriate level of discipline. Or does it merit discipline; can the issue be resolved through counseling, remedial training or reassignment? The options range from verbal reprimand to written reprimand, suspension, and all the way to termination. These decisions have never been made lightly and can always be Monday morning quarterbacked by those who do not have all of the information.
The last five or six years have been difficult. City financial problems reduced our ranks by 21 police officers amid an unprecedented spike in violent crime. Our officers have had to deal with manpower shortages, fatigue, inability to take personal time off, and involuntary overtime. This resulted in increased safety risks for our officers, lack of adequate back-up, increased workload, more use of sick time, and delayed response time for minor complaints thus reducing community satisfaction with the police service. It changed our department from a proactive, community-engaged law enforcement agency to a reactive one that was basically limited to responding to calls for service. During that time the basic pay of a police officer went from being one of the highest to one of the lowest in the county. Raises were difficult to come by. Officers were confronted every other year with the threat of massive layoffs.
About four years ago the administration proposed, and City Council passed, the Safety Forces Plan. This would have provided a small addition, renovation of the existing facility and a new jail. It would have enhanced our operations by providing much-needed extra space and a facility that met the standards of a professional law enforcement agency. However, years later, the project is incomplete. It was another blow for our staff. The addition was built, but we are currently in the process of re-opening our jail and improving our existing headquarters within the budget that is left. Our patrol officers moved to the basement of the old Ore Docks building. What was intended to be a temporary move of a couple of months turned into a year and a half ordeal in a dirty maintenance area that was cold in winter and hot in summer.
The closing of the Lorain City Jail, although necessary, proved to be a devastating blow to the officers. Due to the sudden spike in violent crime in the urban areas of the county, the Lorain County Jail began experiencing problems with overcrowding. The Sheriff's Office restricted the type of prisoners that would be accepted and the hours for receiving them.
The Lorain County Juvenile Detention Home has never had adequate capacity. It has such a restrictive acceptance policy as to make it irrelevant. Since most of our current crime wave is drug-related and youth-driven, this is especially frustrating for front-line officers.
The inability to lock up serious violators has emboldened thugs and the criminal element. Handing out citations lacks the deterrent effect that jailing does and does not allow for removal of troublemakers from the scene.
The profanity-laced disrespect, the sheer defiance of lawful orders, and the laughter that officers must endure as they leave a call, has undermined our officers' efforts. It also has taken a toll on my officers.
The mental health system in Ohio decided years ago that institutionalization was not the answer and that it would be more beneficial to have patients treated within their own communities. Lorain is home to the Nord Center, Lorain County's primary caregiver for those dealing with mental health issues. Also, in recent years we have seen a drastic increase in the number of residential halfway houses and apartments in Lorain occupied by patients of these programs. For the most part this does not create a problem for the community. But for the Police Department it has multiplied on a daily basis the number of calls that we receive regarding a person threatening suicide, off his medication or described as out of control. It is fraught with danger and difficulty.
Lastly, during the period covered in the Plain Dealer, the Lorain Police Department also experienced the untimely and unexpected death of two of our beloved officers; one to suicide and one drowned in Lake Erie. These were painful times.
I do not seek to make excuses for inappropriate behavior. I just want to paint as clear a picture for you as I can of the environment that Lorain police officers have operated in for the past five or six years. It is in direct contrast with the period between 1993 and 2001 (after the police levy passed). Our police officers and support units were properly staffed, officers received the equipment and training they needed, specialized units were properly outfitted, and the LPD was able to respond to the community's needs with confidence and commitment.
As we developed expertise in complex investigations the department was responsible for some of the biggest cases in Lorain County history related to organized gambling and narcotics trafficking. Crime decreased dramatically -- a 23 percent drop one year and a 37 percent drop in another. In 2001 we did not have a single homicide. Gangs were eradicated and our support car program presented our community with a highly visible deterrent. Most of the credit belongs to our police officers and the staff that supports them.
The Lorain Police Department's own records show that harsh steps have been taken against officers and staff who have committed intentional or abusive wrongdoing. We are an open book. We document and save everything, unlike many other law enforcement agencies.
If an employee is late, he is written up; if a report is late, the officer is given an infraction, if a person calls off sick and does not have enough time, he is docked and written up. Even our verbal reprimands are written. The information for the spreadsheet came from our data base that was purchased to keep track of discipline and as an early warning tool. We don't hide anything.
Keep in mind that there were 72 complaints outlined over a six-year period. Many were sustained and acted upon. It is important that you know that many complaints result in the officer being exonerated or are determined to be false.
In 2005 our officers handled more than 66,000 calls and incidents. If you average that out over the six years our officers had a minimum of 360,000 encounters during this same time frame. Our dispatchers probably share the same number of contacts. Also remember that many of these incidents occurred five and six years ago and have never been repeated. The fact that this represents a .0002 percent ratio may help you to put this in perspective.
This is in no way intended to diminish the critical nature of police misconduct and accountability. I also understand that there is always room for improvement; that we have an obligation to explore these possibilities, such as training opportunities, and I promise that we will.
My concern with the Plain Dealer article is that it included complaints that have already been proven false or misleading and that information provided to that effect was ignored.
Let me provide you with additional information where the Plain Dealer expressed surprise that ''these officers are still part of the Lorain Police Department.'' A rookie officer driving home was involved in a one-car accident, walked a couple of blocks home and reported the car stolen. When responding officers arrived he immediately admitted that he was the driver. Certainly that is a serious infraction and violation of law. In the end, we learned that he panicked because he had a couple of drinks and he thought his job was in jeopardy; he expressed remorse and apologized for his actions. Certainly, from a public relations perspective, the easiest thing would have been to fire him. However, in looking at this officer, we saw a young man who had panicked. We sincerely believed that he could continue to be a good police officer; he was charged with the accident, given a 10-day suspension without pay and today is a dedicated public servant.
A dispatcher fell asleep while on duty and missed a 9-1-1 call; numerous attempts to reach her go unheeded. Certainly, she should be discharged. But what if she is a 15-year veteran who always goes above and beyond, volunteers countless hours a week for overtime, like most dispatchers has done wonderful work and actually saved a life, and was sick all night and taking medication? She probably should not have come to work, but feels that she must because of the manpower shortage and doesn't want someone else forced over. She is given a suspension and it has not occurred again. Was that unfair?
How about an 18-year veteran dispatcher who inadvertently lets a citizen in through the back door; certainly a breach of homeland security that should result in heads rolling. But what if she is a dedicated employee who can always be counted on and has never been disciplined? If a police officer has to drive 70 mph to catch a driver in a residential neighborhood and is smugly met with ''what did you stop me for?'' His reply is ''for driving like an idiot'' Should they be fired or hung by their thumbs? There is no doubt that all of these actions are violations of protocol and letters of reprimand were placed in their files.
Your Police Department has experienced a rough time in the past few years. We are trying, along with other city officials and departments, to provide you with the service you deserve, with limited resources and under some very trying conditions. We have faith that it is going to get better.
Please remember the good things that your police officers have done:
- Look what they have done in reducing the level of shootings and violence that surfaced in the last two years. Our partnership with the Lorain County Strike Team, the U.S. Marshal's Fugitive Task Force, our own Street Crimes Unit, and the incredible work of our patrol officers, detectives, and narcotics officers have taken a giant leap in reclaiming the streets of Lorain -- all with a very limited ability to lock up offenders.
- Our Narcotics Unit, in conjunction with the Lorain County Drug Task Force and other federal agencies, have in the last year put a serious dent into drug trafficking in the city. A few months ago 175 police officers simultaneously raided 25 locations and arrested 40 defendants. Last year Project Lomax resulted in 40 other drug dealers being arrested, and many are serving time in prison. Recently, the Lorain Police played a significant role in the seizure of 27 kilos of cocaine and multiple arrests. At the same time they targeted crack houses that are destroying the quality of life in our neighborhoods.
- With the help of patrol, our detectives have been able to solve the last 12 homicides and one that occurred five years ago; in most cases, there were no witnesses or evidence at the beginning. Their tenacity and street savvy paid off and the families left behind were assured that everyone's life has value.
- Look at our long-standing partnerships with the Lorain City Schools and the Lorain Metropolitan Housing Authority to ensure that these areas are safe.
- The Crisis Intervention Team (CIT) program that was initiated to deal with the growing number of calls related to those suffering from mental health issues; to reduce the number arrested and to enhance the safety of all involved.
- The Do the Right Thing program where students are honored on a monthly basis for behavior that can serve as an example to their peers. The Back To School Family Picnic that draws a crowd of more than 7,000 for free food, entertainment, and free school supplies. How many police departments do this for their community?
- The Lorain Police Department, in partnership with the Lorain County Prosecutor's Office, took the lead in facilitating community forums that drew hundreds to discuss the growing youth violence. The result has been dozens of churches and organizations initiating youth programs and the recently opened Lincoln Community Center in South Lorain. A dozen new Neighborhood Watch Groups have been formed.
Police officers leave home each day with the intention of doing a job well. They are capable of making mistakes or at times using poor judgment, just like you and me, and like most of us, they live and learn. But that doesn't mean that they are expendable, that they don't deserve a second chance -- in the end it makes them better cops.
To my police officers and staff, I say: You provide a valuable service to this community and you are men and women of integrity and courage. I am proud to serve with you. The value of what you do will never be determined by a politician who has never stepped foot in this building, or a former chief, who like old soldiers, should just fade away. It doesn't come from me. The value is reflected in the dignity of putting that badge on each day and placing yourself in harm's way on behalf of your fellow citizens. You bring as much honor to the blue and gray as anyone who ever walked in your shoes a generation ago. So stand tall and hold your head high. Continue to do what you have always done -- serve and protect! Do not feel diminished by what we are going through; it shall pass. Stay focused, remain alert and be safe.
The Morning Journal 2006
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