Problems At The Top

Confronting Unethical Leadership

Recently, American COP Magazine has fielded numerous letters from readers asking some pretty tough questions. Perhaps no one told the publisher, Roy Huntington, to be careful what he wished for when he asked for input on issues important to you. Several of you asked that serious problems, including unethical or even illegal activity, at the top of a police agency be addressed. What’s a subordinate to do when they’ve become aware of illegal activity? — Particularly when it’s at the highest level within the organization.

While one reader provided a very specific example of organizational wrongdoing, the list of possibilities of upper level misconduct is endless. I’ll address these issues, but not all of them can be focused on specifically. What follows is the best general advice I can provide based upon my experience with precisely such allegations. Unfortunately, my experience includes being the “whistleblower” and, as a Chief, the one against whom the whistle was blown.

Personal Experience

As a manager I became aware of the chief of police ordering the destruction of a report in which a city council member was discussed (but not named as a suspect) as potentially being involved in a theft. Such destruction of records, in that state at that time, was a violation of law. Destroying the report would have left those carrying out the unlawful order (my employees), their supervisor, the chief who gave the order and me open to criminal prosecution. The order was given directly to the records clerk who worked for me, but without my knowledge. Knowing she’d been ordered to do something unlawful, the clerk came to me. I made a beeline to the chief’s office.

I took what I believed to be the tactful approach of reminding the chief his order was against the law, and pointed out all the downsides of such a course of action. I was told failure to carry out the order would constitute disloyalty, and I would suffer the consequences. I refused to obey and told the chief he was leaving me no choice but to take the matter to his superiors. Ultimately, the report was not destroyed but it was restricted to release only with the chief’s approval.

I became the only captain in anyone’s recollection to be relieved of all command responsibility, assigned to a Wednesday through Sunday swing shift desk assignment doing “special projects” — of which, none were assigned to me. That’s called payback. Clouds have silver linings and that served as the last motivator I needed to leave the agency.

Fortunately, three months later I was appointed chief of another agency. The very ethical city manager who hired me later told me the competition was tough and the odds-on favorite was a candidate with far more experience than I had at the time. What steered the job offer in my direction was my refusal to obey the unlawful order.

Some years later, I was the subject of a complaint of illegal activity. The complaint was lodged anonymously through the Police Association and came at a time of great conflict between the city and the association over contract negotiations. The city manager was given the allegation with the association demanding I be fired. He advised me of it and, frankly, hadn’t a clue what to do. My answer was immediate. I requested in writing the District Attorney conduct an independent investigation and that’s exactly what happened. I was exonerated and the DA labeled the complaint for what it was — a labor negotiations ploy.

You Choose

So, what’s my advice? Frankly, it depends on a lot of things, not the least of which is how big a risk-taker you are or whether you’re willing to leave the agency if things go very wrong. In these economic times, how long can you survive while unemployed? As a whistleblower, are you even employable?

We all know, once an officer’s aware of potential misconduct, no matter the level within the agency, they have a duty to report it to the “appropriate” authority. Let’s assume the misconduct allegedly involves the chief. What steps do you follow?

Gather as many facts as you can to determine whether there’s any substance to the allegations, but do it without overstepping your area of responsibility. If there’s no merit to the allegations then problem solved. If there appears to be misconduct, take the issue directly to the chief and tell him what you’ve been made aware of (without giving up confidential sources). Give the chief the opportunity to “come clean” and deal with the issue appropriately.

Your Options

Assuming the chief blows you off (or worse) and denies the allegation, tell him up front you’re obligated under the law and the Peace Officers Code of Ethics to take the matter to the next highest level — and here’s where things could get sticky. If the misconduct does not amount to criminal behavior, the chief’s boss (city manager, mayor, etc.) is the next highest level. At that level it gets political, particularly if there’s a good ol’ boy relationship at play.

You’ve met your responsibility so your involvement is over. But in all honesty, I suggest it’s a good time to polish up your resumé and be prepared to go job hunting. If the city manager or mayor declines to act, or conducts an investigation (wink, wink), which clears the chief, your work environment is likely to get extremely uncomfortable … uncomfortable enough you may want or need to leave.
If the allegation is criminal, you need to go to the chief law enforcement officer of your county, which in most cases is the District Attorney or other prosecutorial agency. Once you’ve done that, you’re finished. You’ve met your legal and ethical responsibilities, and even if you think the DA’s covering up for the chief, give it up.

It’s the DA’s responsibility to take it somewhere else (State Department of Justice, FBI, Peace Officers Standards Commission, etc.) if he feels he has a conflict of interest. Again, as in the previous case, dust off your resumé. You can be 100 percent right in doing what you did and still be 100 percent screwed within the agency. And before you tell me they can’t mess with you, you have rights and your union will go to bat for you, let me suggest you get real. If they want to screw with you (and they will) they’ll find a way that’s grievance and lawsuit proof. They probably can’t fire you, but they sure can make your work life miserable in many other ways.

But … But … But

What about the whistleblower law? It will protect me, won’t it? Maybe yes, maybe no. According to a good police labor lawyer I consulted, there is no blanket whistleblower protection for non-federal employees in non-federal agencies. There are two whistleblower statutes Congress has passed. The most far reaching of the two applies only to federal agencies and provides absolutely no protection to state, county or municipal employees. The second federal whistleblower law does apply to employees at any level of government, but only to the misuse of funds appropriated under the Stimulus Act of 2009.

Only a handful of states have enacted their own whistleblower protective statutes for state, county and municipal employees. If coverage is important to you, familiarize yourself with what, if any, whistleblower laws exist in your state and to what types of situations they apply. On a positive note, two national statutes, which would apply to all government employees (not just federal), were introduced during the last session of Congress. Some experts suggest that in the coming Congressional session, such a bill will pass and be signed into law.

Here’s my bottom line advice: Read and re-read the Peace Officers Code of Ethics on a regular basis. That and the law, which you deal with daily, are your “10 commandments” in terms of deciding what to do. Look in the mirror frequently and while doing so ask, “Do I like what I see?” The mirror is your conscience; if you’re professional and ethical, you’ll not be able to look yourself in the mirror if you’re not doing the right thing. And personally, I’ve always found it very helpful to pray for guidance. Collectively, these guidelines have gotten me through some pretty tough times — I suspect they’ll serve to assist you as well.

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