Police Use of Force Policy and Community Relations Plan

Introduction

Use of force does not have a universal definition, and over time many competing definitions of the term have been proposed. Terrill (as cited in MacVean and Neyroud, 2012) defines use of force as "acts that threaten or inflict physical harm on citizens, or which could be measured according to the severity of harm imposed on a citizen from least to most harmful" (p. 73). Force has also been defined as "the amount of effort required by police to compel compliance by an unwilling suspect" (The International Association of Chiefs of Police [IACP], 2017). In this paper, the IACP definition will be adopted.

It is important to note that the United States does not have a definitive national standard governing the use of force by police officers. This means that police departments across the nation lack federally sanctioned guidelines and are not required by law to adopt international standards such as the best-practice guidelines formulated by the IACP. However, the landmark case Graham v. Connor (1989) has been extensively cited in arbitrating this issue. According to Hess and Orthmann (2011), the court determined that police have a right to make an investigatory stop or effect an arrest, and in so doing, they also have the right to use physical coercion or force to an extent that could be regarded as appropriate. The court further held that "the calculus of reasonableness must embody allowance for the fact that police officers are often forced to make split-second judgments — in circumstances that are tense, uncertain, and rapidly evolving — about the amount of force that is necessary in a particular situation" (p. 336).

There is, however, legal recourse to ensure that police officers do not exceed appropriate limits while effecting arrests or pursuing criminals. The use of force, according to Greene (2007), is captured under the Fourth Amendment. Therefore, any excessive act of aggression by a police officer during the arrest of a suspect constitutes a violation of the Fourth Amendment. Civil lawsuits can also be brought against police departments in instances where individuals believe that officers went overboard during the apprehension of a suspect (Greene, 2007).

Due to the lack of uniform national guidelines relating to the use of force, a variety of policies have been implemented by police departments. Among the agencies that have well-defined and comprehensive policies on this front is the Chicago Police Department, whose use-of-force policy will serve as a reference point in the development of this department's policy. The Violent Crime Control and Law Enforcement Act (1994) has also prompted a number of agencies to implement action plans aimed at ending the use of excessive force against citizens. This act permits the Attorney General to institute legal proceedings against local and state governments found to be in constant violation of appropriate policing standards in a manner contemptuous of the U.S. Constitution or other applicable law. Failure to address the numerous public complaints leveled against this department could lead to the establishment of consent decrees by the Department of Justice. In an attempt to improve relations between this police department and the citizens of the city, far-reaching changes will be initiated in areas including, but not limited to, training and oversight.

Leadership Approach and Motivational Strategy

The leadership style to be adopted in this endeavor is transformational leadership. In basic terms, leadership involves influencing individuals or groups to accomplish set objectives (Northouse, 2013). In the words of Gaines and Worrall (2011), "transformational leadership can be an effective method to transform a stagnant police agency into a more effective department" (p. 174). This approach to leadership is particularly well suited when there is a need to implement new programs. There is a clear need to improve public relations between officers and members of the public, especially given that several complaints have been made suggesting that officers in this department may not be conducting themselves in a sufficiently professional manner. The goal is not only to transform officer behavior but also to implement measures that can change public attitudes toward officers.

Among the qualities that will be brought to this endeavor are charisma and vision. Gaines and Worrall (2011) define vision as the ability to hold a clear mental image of the destination — what needs to be done to reach it — and to communicate this to others in a way that wins their enthusiasm. In this case, that destination is the improvement of relations between police officers and members of the public, whereby each views the other as a partner in the effort against crime and other social concerns. Charisma, on the other hand, can be defined as the "ability to interact with subordinates and inspire them toward organizational objectives" (Gaines and Worrall, 2011, p. 174). Being a skilled communicator and active listener enables the effective conveyance of key messages while also ensuring that the views of others are incorporated — a practice that fosters a sense of appreciation among officers and motivates them toward continuous improvement. The support of all stakeholders — officers, community members, city leadership, and state and federal government — will be essential to this agenda.

As Shelton (2012) observes, "transformational leaders do not feel that they have to do it personally in order to get it done right; they are eager to share responsibility as a teaching opportunity for their followers' benefit and growth" (p. 5). The intent here is to ensure that any change in officer attitudes when dealing with citizens is voluntary rather than coerced. Various motivational theories will therefore be employed to improve officer attitudes toward members of the public and to further enhance public relations between the department and the community it serves. Another key characteristic of transformational leadership, as Shelton (2012) notes, is the ability to "see followers not for what they are but for what they can become" (p. 5). The complaints lodged against the department indicate a deep-seated problem, but one that can be resolved if the correct mechanisms are put in place.

The most effective approach toward gaining officer cooperation is to ensure that officers themselves are the drivers of the change process. Fortenbery (2015) observes that while motivation is often seen as a managerial responsibility, it must also, to a meaningful extent, emanate from the individual. Robbins and Judge (2011) define employee motivation as "the processes that account for an individual's intensity, direction and persistence of effort towards attaining a goal" (p. 172). In this context, motivation refers to deliberate efforts to stimulate both officers' enthusiasm and their commitment toward improving public relations between the department and the citizens.

Motivating police officers, as Fortenbery (2015) points out, can prove challenging given the difficult nature of the job. However, once employees feel appreciated and believe that their concerns are genuinely considered, they are likely to improve their performance. The fear of reprimand or being ignored can prevent employees from voicing their insights on contentious issues (Levine and Harris, 2004). To address this, two feedback collection methods will be implemented: team meetings and a suggestion box.

During weekly team meetings, employees will be encouraged to share their views on the concerns raised by the public regarding the use of force in apprehending suspects. Actual complaints will be shared to eliminate the possibility of denial. This approach can help officers take ownership of the problem through a candid review of reported instances of excessive force. A suggestion box will serve those who cannot contribute openly in a group setting.

Poor public relations between officers and the community may also stem from deeper issues such as job dissatisfaction and lack of commitment. Addressing these through a review of job design is therefore important. Job rotation — moving individuals from one task to another at predetermined intervals (Kleiman, 2012) — enhances flexibility and reduces monotony, thereby relieving boredom and irritability (Tompkins, 2005). Officers will, from time to time, be assigned temporary and specialized assignments on a rotational basis, with special consideration given to individual skills, performance levels, and experience. All patrol and emergency response roles will be eligible for rotation. Research has confirmed that job rotation reduces employee stress (Yeatts and Hyten, 1998), and a police officer who has been in the same assignment for an extended period may develop the weariness that contributes to irritability and overreaction in the field.

Job enrichment — redesigning tasks to give employees enhanced control and accountability — will also be employed. In the words of Johnson (2015), "employees are more likely to strike out against their supervisors when they sense that they have little influence over the workload and the work pace" (p. 104). Guided by Herzberg's five-step job enrichment process, the department will reduce unnecessary controls, enhance accountability, allocate clearly defined tasks, provide adequate authority, deliver direct and regular performance feedback, progressively increase task difficulty, and assign specialized tasks to develop expertise (Herzberg, as cited in Cordner, 2016). For example, arresting officers may be permitted to take over investigative functions. Job enrichment also "provides the opportunity for the employee's psychological growth" (Herzberg, 1987, p. 10) and will be treated as a continuous management function rather than a one-time intervention.

Use-of-Force Policy Development

The policy to be developed will be concise, clear, and publicly accessible. It is explicit that this police department is not an occupying force in the city. While terrorism and violent crime are real concerns, the department will not employ military approaches or maneuvers in handling citizens or defusing everyday situations. The overarching standard when effecting arrests or pursuing suspected offenders will remain: utilization of force that is either commensurate with the risk posed or objectively reasonable.

The methodology adopted in developing this policy is inclusive of both time-tested approaches and innovative practices. The following standards and principles will guide officers seeking to effect arrests or apprehend suspected offenders:

a) Verbal warnings: Before applying force, officers will be required to make verbal pronouncements warning suspects of their presence and the need to cooperate.

b) Use of force model: The escalation or de-escalation of force will follow the Use of Force Model developed by Dr. Franklin Graves, which matches subject action categories to officer response categories. The level of force applied is largely dependent on the nature of resistance encountered (Siegel and Worrall, 2016), and de-escalation follows when resistance decreases.

c) Reasonable processing time: Whenever possible, officers will give suspects a reasonable amount of time to process and comply with orders or requests before escalating their response.

d) Prohibited techniques: Except in instances where lethal force is permissible, this policy does not permit striking an individual's vital organs with an object capable of causing serious injury, nor does it permit neck holds except where lethal force is otherwise authorized.

e) Heavy weaponry restrictions: Officers will not deploy heavy weaponry in day-to-day order maintenance. Situations that do not call for heavy weaponry include, but are not limited to, monitoring peaceful protests, deterring petty crime, and resolving family disputes. Except where absolutely necessary and justifiable, responses to situations will not be disproportionate, and extreme caution will be exercised in the deployment and use of firearms.

f) Restrained individuals: Force must not be used against restrained individuals except in the rare circumstance where lethal force is absolutely necessary — that is, when the life of an officer or another person is at immediate risk.

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