The Rights and Responsibilities of Law Enforcement Officers FINAL.edited

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History and Development of the Police Officers' Bill of Rights History and Development of the Police Officers' Bill of Rights: A Case Study Helms School of Government, Liberty University CJUS 530: Human Resource Management in Criminal Justice Organizations Dr. Gregory Clark July 30, 2023

Police Officers' Bill of Rights 2 Abstract The case study explores the history and development of the "Police Officers' Bill of Rights" (POBR) legislation in the United States. It focuses on its genesis in the federal bill sponsored by Congressman Mario Biaggi in 1971-1972. Despite repeated attempts, the federal version of POBR failed to pass both Houses of Congress. However, at least 17 states and one Canadian province have enacted their versions of Bill of Rights laws for law enforcement officers. In response to union-sponsored versions, some state associations of chiefs of police drafted their versions of POBR that management could accept. The International Association of Chiefs of Police (IACP) also formed an Internal Affairs Legislation Subcommittee to draft a management version of POBR, which the full committee still needs to adopt. The case study highlights the need for uniformity among state POBR versions. It offers insights into alternative solutions, including developing a model POBR and encouraging collaboration between law enforcement agencies and unions. The need for a balanced internal investigative procedure that respects officers' rights and public interests is emphasized, and collaborative efforts are identified as crucial in finding appropriate solutions for effective disciplinary processes in law enforcement agencies.

Police Officers' Bill of Rights 3 History and Development of the Police Officers' Bill of Rights: A Case Study In the landscape of law enforcement, the concept of the "Police Officers' Bill of Rights" (POBR) has been a subject of significant interest and debate. This case study delves into the historical genesis and evolution of the POBR legislation in the United States, shedding light on its origins, legislative progress, and subsequent implementation at the state level. The genesis of the federal POBR bill can be traced back to the early 1970s when it was initially sponsored by the late Congressman Mario Biaggi, a decorated former police officer and advocate for police officer safety and occupational rights. Despite numerous attempts, the federal version of the POBR bill did not secure passage in both Houses of Congress. Nonetheless, this study reveals that many states and one Canadian province have independently enacted their versions of Bill of Rights laws for law enforcement officers. Furthermore, the case study examines the endeavors of the International Association of Chiefs of Police (IACP) to draft a management-oriented version of the POBR aimed at fostering a fair and balanced internal investigative procedure for law enforcement agencies. Through this comprehensive investigation, the paper seeks to provide valuable insights into the complexities and diversities surrounding POBR laws, contributing to a deeper understanding of the challenges and opportunities they present within law enforcement practices. Facts The case study presents a series of essential facts regarding the history and development of the "Police Officers' Bill of Rights" (POBR). Firstly, the genesis of a uniform internal investigative procedure law can be traced back to the federal POBR bill, sponsored by Congressman Mario Biaggi during the 1971-1972 session. Despite multiple reintroductions, the bill faced obstacles and was not passed until 1991 in the U.S. Senate, ultimately failing to obtain House approval before the session ended. Nonetheless, numerous states and one Canadian

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Police Officers' Bill of Rights 4 province independently enacted their versions of Bill of Rights laws for law enforcement officers. “Law enf o rcement officers confront many difficult decisions that may involve conflicting notions of right and wrong and what is expected from them. Law enforcement authority can be a source of many temptations that can strain the limits of personal and professional integrity” (IACP et al., 2020). Therefore, over the past decade, police unions in at least ten states have attempted to enact a POBR. However, variations exist among state POBR versions, as some protect specific law enforcement personnel while excluding others. Moreover, some states' POBR laws can supersede or be subordinate to collective bargaining agreements. In response to concerns about union-sponsored versions, two state associations of chiefs of police drafted their POBR versions aimed at being acceptable to management. Additionally, the International Association of Chiefs of Police (IACP) formed an Internal Affairs Legislation Subcommittee to develop a management-oriented POBR; however, the full committee must adopt the subcommittee's document. This document sought to recognize employee rights, prohibit certain management practices, and provide a balanced and reasonable approach to internal affairs investigations. Notably, the subcommittee's document covered both law enforcement officers' rights and responsibilities and extended its purview to include civilian personnel involved in law enforcement tasks. Decision Throughout the case study, various decisions and lack of decisions surrounding the "Police Officers' Bill of Rights" (POBR) are highlighted. Firstly, despite multiple attempts, the federal POBR bill could not secure passage in both Houses of Congress. However, on a state level, at least 17 states and one Canadian province independently enacted their versions of Bill of Rights laws tailored for law enforcement officers. The case study indicates that police unions in

Police Officers' Bill of Rights 5 several states attempted to implement a POBR, yet the outcomes of these attempts needed to be explicitly stated. The International Association of Chiefs of Police (IACP) took proactive measures by forming an Internal Affairs Legislation Subcommittee to draft a management- oriented version of the POBR. However, the full committee's decision not to adopt the subcommittee's document demonstrates a lack of consensus within the law enforcement community regarding the necessity and content of a POBR. These decisions and lack of decisions play a crucial role in shaping the landscape of internal affairs investigations and disciplinary procedures for law enforcement personnel. It is easier to assess the appropriateness of decisions or best practices by knowing the specific content of the POBR laws enacted in different states or the attempted versions by police unions. However, the case study highlights no harmony among state POBR versions, varying coverage, protections, and implementation methods. This lack of uniformity may create clarity and consistency in the disciplinary process. Additionally, the rejection of the management version by the IACP full committee suggests a need for more consensus within the law enforcement community about the need for and content of a POBR. Alternative Solution IACP et al. (2019) said it best in their publication, Law Enforcement Policy Center: Investigation of Allegations of Employee Misconduct . “ Building and maintaining community trust is the cornerstone of successful policing and law enforcement. The building and maintenance of trust takes a great deal of continuous effort. Unfortunately, the ethical work of thousands of local law enforcement officers is easily undone by the actions of one unethical officer.” In order to address the complex challenges surrounding the "Police Officers' Bill of Rights" (POBR) legislation, several alternative solutions could be considered.

Police Officers' Bill of Rights 6 Firstly, the International Association of Chiefs of Police (IACP) could take a proactive step by developing a Model POBR as a reference document for states and local jurisdictions. This model would offer a flexible framework, allowing customization to accommodate each jurisdiction's specific needs and legal nuances while upholding core principles of fairness and protecting officers' rights. Additionally, fostering collaboration among law enforcement agencies, police unions, and community representatives could prove instrumental in shaping comprehensive internal investigative procedures. Such collaboration would enable diverse stakeholders to contribute their insights and concerns, ensuring a balanced approach that safeguards both officers' rights and the public's interests. Furthermore, conducting an in-depth review of successful POBR laws implemented in various states could be valuable for the IACP. This comprehensive assessment would provide valuable insights into best practices, effective disciplinary procedures, and areas where improvements can be made. By exploring these alternative solutions, the IACP can be pivotal in promoting fair, transparent, and effective internal investigative procedures for law enforcement agencies nationwide. Christian Worldview Within a Christian Worldview, the intricacies and challenges posed by the "Police Officers' Bill of Rights" (POBR) legislation are perceived as an avenue to uphold fundamental principles of justice, fairness, and the safeguarding of individual rights within law enforcement practices. This perspective underscores the inherent value and dignity of every human being, encompassing both law enforcement officers and civilians, and emphasizes the significance of acknowledging and respecting their rights. The varied approaches and decisions taken at the state and national levels underscore the necessity of pursuing harmony and consensus within the law enforcement community. Just as Christians are called to foster unity and reconciliation among

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Police Officers' Bill of Rights 7 fellow believers, law enforcement agencies are similarly called to collaborate effectively. Like in Psalm 98:9, Christians are often reminded, “for He comes to judge the earth. He will judge the world with righteousness and the peoples with equity.” Thus, law enforcement organizations must ensure that internal affairs investigations and disciplinary procedures are characterized by impartiality, equilibrium, and transparency. In line with a Christian Worldview, pursuing the common good and community well-being is paramount. Consequently, the challenges surrounding the "Police Officers' Bill of Rights" demand a thoughtful, compassionate, and equitable approach that recognizes and honors the rights and dignity of all individuals involved. Law enforcement practices can more closely align with Christian principles by prioritizing unity, collaboration, and drawing from successful implementations, contributing to a society that promotes justice and fairness for all. In conclusion, the case study provides a comprehensive overview of the diverse and intricate landscape of "Police Officers' Bill of Rights" (POBR) laws across different states and jurisdictions. The lack of uniformity and consensus within the law enforcement community regarding POBR legislation underscores the complexity of addressing this critical issue. Striking a balance between safeguarding officers' rights and upholding the public's interests in the disciplinary process remains paramount. Collaborative efforts are essential to achieve this kind of balance, bringing together law enforcement agencies, police unions, community representatives, and other stakeholders to develop comprehensive and fair internal investigative procedures. By fostering open dialogue and embracing varying perspectives, the law enforcement community can collectively work towards implementing effective and transparent POBR laws that protect officers' rights while ensuring accountability and trust with the public they serve. As the landscape evolves, a commitment to seeking appropriate solutions and

Police Officers' Bill of Rights 8 promoting best practices will be vital in forging a path toward a more just and equitable law enforcement disciplinary process.

Police Officers' Bill of Rights 9 References Schmidt, W. W. (2005, March). Peace Officers Bill of Rights Guarantees: Responding to Union Demands with a Management Sanctioned Version . Americans for Effective Law Enforcement. https://www.aele.org/pobr-iacp.pdf IACP et al. (2020, June). Law Enforcement Policy Center: Standards of Conduct. International Association of Chiefs of Police. https://www.theiacp.org/sites/default/files/2020-06/Standards %20of%20Conduct%20June%202020.pdf IACP et al. (2019, April). Law Enforcement Policy Center: Investigation of Allegations of Employee Misconduct . International Association of Chiefs of Police. https://www.theiacp.org/sites/default/files/2020-08/Investigation%20of%20Allegations%20of %20Employee%20Misconduct%20-%20FULL.pdf Holy Bible - English Standard Version (2016). https://www.bible.com/ (Original Work Published 2001)

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The Rights and Responsibilities of Law Enforcement Officers FINAL.edited

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