“Behind the
Badge” The Internal Affairs Unit
By Joseph
Pangaro
One of the
most misunderstood functions of a police department is the Internal Affairs
Section, also known as the “IA” unit.
For our
cops, the men and women who inhabit these units have been derided for years as
“Rats” and members of the “Rat squad”. This all comes to us from television and
movie portrayals of these specialized investigators. They are usually seen as
pencil neck types out to destroy hard working cops who are just fighting crime.
This persona has caught on in the mind of the cops and of society in general,
but it is far from the truth.
The other
side of an Internal Affairs Section is the public perception that they are in
place only to white wash any investigation of wrongdoing by a police officer
and formalize the “Cover up”. In both cases those templates are wrong,
especially in this modern era of policing.
Now, I don’t
like to do this but I will for arguments sake; of course we have to acknowledge
that there have been instances where IA investigators have gone after an
innocent officer and ruined their lives, and there have been IA investigators
who have shut down investigations of police officers to protect the cops. To
deny this would be inaccurate, so I hope that forestalls those who would point
to the example they know of personally and want to make a case that “Every” IA Section behaves this way or
that. There are bad apples everywhere.
I am talking
about the modern, sunshine lit, Internal Affairs Unit that strives to ensure
that our cops are doing their business in the most appropriate, fair and just
way possible and that people who lie about police officers are held to account.
Fair is fair.
For a police
agency to function properly there has to be some basic truths in play. We can
identify those truths as: Integrity, Honesty, and Transparency. Without these
three horseman as a foundation there will be no public support for police
action and a state of distrust will grow between the police and the public we
have all sworn to serve.
I know as a
street cop I always believed in what I was doing, the greater good kind of
thing. I was on the lookout for bad guys and girls and I didn’t care about
their race, creed, religion or who they happen to love. I cared about what they
did. With that mindset I went after them
everyday. I think this is what most cops do. Ours is a noble profession, we
don’t have many gray areas, we don’t dwell in the shadows, we believe in right
and wrong and we aim for justice.
Unfortunately,
the public doesn’t always see us that way. They paint us with a very broad
brush. If a law enforcement person anywhere does something illegal or
inappropriate we all get smeared.
The vast
majority of law enforcement personnel will never do anything purposefully wrong
or illegal, but as any cop anywhere can tell you that isn’t always the first
thing people think about.
This is the
point that a well trained and experienced group of investigators in an IA unit
can make a difference to the cops and the community.
To make this
type of a unit serve the needs of the agency, the members of the agency and the
public it has to have a few things:
1-
Support
of the administration and the freedom to act independently of political
considerations.
2-
Trust
in the investigators by the rank and file that they are there to get to the
truth ad not serve as a demolition squad for the chief, the mayor or any other
supervisor.
3-
The
officers themselves have to be dedicated to the principals found in the oath
they took when they pinned on the badge and they must demand their brother and
sister officers adhere to those principals as well.
4-
Training
on ethics as a way of life, not only as a required block of in-service noise,
and vivid examples of respected officers that do things properly. This starts
at the top. The person in charge must lead by example and cannot be a
vindictive or unscrupulous leader who demands perfection from everyone below
them but does not live it themselves. This is poison and we all have seen
examples of it.
5-
Openness
to the concept that we are public servants and the people we police have a
right to demand we act properly at all times, even if the public at large does
not. We are expected to function at a higher standard.
6-
Demand
that justice is a two way street. If an
officer is investigated for alleged wrong doing and is found to have acted
improperly they should receive the appropriate penalty. BUT… if the citizen
that made the complaint is found to have lied about the officer then that
citizen should be held to account for their actions. We do this by ensuring
that a citizen who has knowingly and purposefully lied about a police officer
get arrested and charged with making a false police report and that arrest is
published in the weekly police blotter. If we do not do this then the police
officers have every reason to resist the efforts of an IA unit investigation
for fear of not being treated fairly. What’s right is right.
7-
We
must also acknowledge the difference between an honest mistake and a purposeful
act. If an officer had their head and
heart in the right place, but things went wrong the administration must
recognize this and not seek to “Criminalize” these actions. If our officers
have to do their jobs always worrying that a mistake can cost them professionally
or financially they will not be able to perform at the level we want.
If we employ
these basic steps in the process, and keep personal motivations out of the IA
unit it will go a long way to creating a successful and appropriate process
that everyone can believe in.
This leads
me to the next point: Why is the internal affairs function so important?
If we accept
my premise that a properly conceived and run IA unit should see each incident
based on facts and the officers on the job understand and accept their roles as
public servants and conduct themselves as professionals, then the work of the
IA unit is be the arbiter of fairness, plain and simple.
A citizen
makes a complaint and that complaint is taken seriously. If there is merit to
the complaint, that fact is documented and the appropriate response takes
place; be that training, or more serious punishment. If the act did not
constitute improper police action and the citizen reported it accurately and
not maliciously, then the officer should be publicly cleared and the citizen
advised why that determination was made.
This type of
a clear process sets limits and adds guidance to our interactions with people.
Many times police work requires our cops to take aggressive action that some
people may find offensive or unnecessary, even though we know it is often
necessary to our mission. This includes officer safety, public safety or
addressing specific criminal actions. It is the responsibility of every police
administration to have a dialogue with the people of their community so they
understand why the police do what they do. The world is not an Us versus Them.
We, the police, have a well defined and necessary purpose. If we are to
successfully serve and protect then the public has to understand this and let
us do our jobs. If they society decides that safety from crime and other
negative behaviors are acceptable they will have to change the way the system
works. We are simply doing what they demanded of us.
The IA Unit
serves these needs when it functions as it was conceived. It should provide the
good cops with back up as they do their work and for the cops that choose to
take another path, they will find the IA unit at odds with them, as all good
cops should be. We don’t need people in our profession that don’t respect the
power and position they have been entrusted with and ensure that power is
wielded in the service of justice and fairness for everyone.
We all want
our police officers to do their job to protect and serve our communities. We
want them to take the risks we don’t want to take: chasing robbers and drug
dealers and other dangerous criminals that are apt to hurt you if you confront
them. We also want them to respect our rights and be polite, helpful and
courteous. We don’t want them to treat us like criminals for running a red
light, or not wearing a seat belt or the worst of all, asking a question. These
are among the hundreds of tasks we have given our police forces and most
agencies prove to be total professionals, others not so much.
This is
where Internal Affairs Investigators come in.
Should you
encounter a police officer on a traffic post and you commit a violation, even a
little one, don’t get mad at the cop for giving you a ticket: you did the
violation. The officer has a couple of options; he can give you a warning or he
can give you the ticket. Either way what he / or she must do is behave like a
professional.
Issuing
traffic summons is not a function of police work that most officers love, contrary
to what many people believe. Most officers find issuing traffic summons to be
almost as irritating as we find in getting them, but it is a part of the job. A
job society has demanded the officers do.
How many times have we heard someone say “This idiot cut me off I’d like
to see him get a ticket for that”. While our cops do have discretion they are
also responsible for maintaining safe driving conditions by conducting traffic
stops and giving out tickets for violations, even little ones.
Now if during
your encounter with a cop for rolling through a stop sign two blocks from your
house the officer uses profanity, or acts rudely, or lectures to you, speaks
down to you or uses inappropriate words that make you uncomfortable or offend
you- you would be justifiably upset and the cop would be wrong. So you call your local police and make a
complaint. That complaint is taken very seriously in 2013.
Police
administrators and supervisors do not want their officers behaving improperly
or treating people rudely or unfairly. What happens in most agencies is that
the complaint is taken by someone in the police station, and anyone in a police
station can take a report like this. The complaint is forwarded to the IA unit
and an investigator is assigned.
That investigator
then gathers the facts, reviews the in-car video tape (If the car has it),
interviews the officer and victim as well as any witnesses, and then writes a
report summarizing what they found.
That report
ends up with the chief at some point and he/ she will have to decide what to do
about it. In most cases, if it is a single complaint about an officer’s
demeanor and the officer doesn’t have a history of this type of behavior, the
officer might find the incident is documented and he/ she is advised how to
behave better in the future and reminded that the public is owed respect at all
times.
You, as the
complainant will most likely get a letter saying your complaint was
investigated and was sustained, meaning it was found to be true. You may expect
a letter of apology from the cop, or a phone call or some other
acknowledgement. Unfortunately that is not usually what happens for many
reasons. Usually your satisfaction will be in knowing your complaint was found
to be meritorious and the officer was made aware of the improper behavior and
advised not to repeat it.
This
response may upset you, especially if you want a pound of flesh for the
transgression. Understandable, but…. Let’s look at the offense in a bigger
light. Maybe the officer had a bad day, maybe he/ she had a problem at home,
maybe he/ she didn’t feel well, whatever. These are not excuses they are
reasons. That doesn’t make the officers behavior right, but put into
perspective it really is not the end of the world. We don’t fire cops or give
them days off without pay for being a jerk on a given day. After all haven’t we
all had a day when we were off a bit? Maybe not our best selves, yelled at a
check out girl or flipped a bird in traffic? Of course we have, were all human.
The problem
comes when the officer that was rude to you has also been rude to four other
people and they have made complaints about the officer. Now the IA report will
reflect a pattern of behavior that no one in law enforcement wants to defend
nor should we. We can all understand a bad day, but if you repeatedly have “Bad
Days” and people complain about you all the time, something needs to be done.
The IA
investigators report may reflect that this fourth incident was just another
“Rude” comment, but it’s the fourth rude comment in three months. The police
administration will want to take some action to correct the problem for several
reasons; first the officer should not be rude to anyone, second if the officer
has a bigger problem it has to be corrected for his own good and the good of
the public.
I can tell
you from personal experience as an investigator that several officers’ jobs
were saved due to the work of the IA unit and the administration’s efforts to
help the officers change their inappropriate behavior and return to being a
valued member of the agency. If it wasn’t for the IA investigation I believe
some of the officer’s with minor behavior issues would have seen those minors
issues grow to become huge career ending and or dangerous issues.
The other
side of this coin is of course the citizen that lies about the police or police
behavior in order to get an advantage on the system.
The truth be
told, people, especially people who commit crimes, don’t like to get caught and
locked up. Many people have found that by making an accusation against an
officer or group of officers, they can mitigate their exposure to punishment.
In other words they find that by lying they can get over on the cops and the
system.
In many
agencies there is such a concern for being politically correct, that the
administrations will take the side of the criminal, just so as not to incur
public ridicule. Even if the officer is proven to be innocent of the
allegation, no one will ever know and in many instances the officer has to
suffer that attack on their reputation. This is just as wrong as the cop doing
something improper.
The police are a representative of
us, the people. When someone damages a cop’s reputation wrongly, the society is
damaged. Every time that cop writes a report or goes to court, that improper
allegation will come up and cast doubt on the officer’s credibility. So what
you say, who cares? Well let’s take a
look at that.
Say a
citizen makes a false allegation against an officer, not murder, but an
allegation of an improper use of force. The incident is investigated and the
officer is cleared of any wrongdoing.
Then say you
are victimized by a mugger. The same officer makes the arrest of the criminal
and it goes to trial. The defense attorney will most likely bring up the report
of the officer misusing force and in many cases allege the officer did so in
arresting their client.
The jury
hears this and thinks poorly of the officer and decides to acquit your
offender. He/ she goes back out into society and mugs someone else, who really
suffered then? At that point the officer’s
reputation would matter a lot.
Now this
example may be a bit exaggerated but it makes the point. Police officers are
not free-lance men and women who put on uniforms and guns and just decide to
run rough-shod over society. We the people created the police force and we
empowered the officers to enforce our laws and ordinances. The police represent
society.
It is for these reasons that the modern IA
section should be viewed as a friend to the public and the police. The modern
IA unit is tasked with walking a fine line between the rank and file police
officers and the people of our communities. Police officers that do their jobs
properly have nothing to fear from an IA unit. Citizens who have honest complaints
have a right to be heard and their grievances addressed, but it requires all of
us to be on the same page. The police serve the community and must respect
every member. The community must respect the work of our officers and accept
the consequences of our own behavior.
Let me know what
you think. Email:
Jpangaro194@yahoo.com