Associate Magazine FBINAA Q1-2023
FBI National Academy Associates, Inc., National Academy Building 8-102 Quantico, VA 22135
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F E A T U R E S 08 The Procedural Justice Paradigm and the Non-Traffic Safety Stop Tim Hegarty 12 Simple and Effective Strategies for Building Productive Relationships with Your Prosecutor’s Office Patrick Harris 20 The Alcoholic Officer Patrick Kenny
C O L U M N S 04 Association Perspective 07 National Office Update 15 A Message from Our Chaplain 19 Historian’s Spotlight 24 FBINAA Charitable Foundation 27 National Academy Update
E A C H I S S U E 06 Strategic / Academic Alliances
A D I N D E X – 5.11 11 T-Mobile 23 eSOPH 26 Verizon-The Fallen Officers Fund 33 CRI-TAC – JFCU
NATIONAL BOARD Association President / TIM BRANIFF Program Manager-Emergency ManagementSound Transit (WA), firstname.lastname@example.org
Representative, Section II / LARRY DYESS Captain, Jefferson Parish Sheriff’s Office (LA), email@example.com
Representative, Section III / TIM CANNON Special Agent Supervisor, Florida Lottery (FL), firstname.lastname@example.org
Past President / KENNETH M. TRUVER Chief, Borough of Castle Shannon (PA), email@example.com
Representative, Section IV / STEPHEN HRYTZIK Chief, Powell Police Department (OH), firstname.lastname@example.org
1st Vice President / SCOTT RHOAD Chief/Director of Public SafetyUniversity of Central Missouri (MO) (Ret.), email@example.com 2nd Vice President / CRAIG PETERSEN Sales Account Manager, ProLogic ITS (MS), firstname.lastname@example.org 3rd Vice President / BILL CARBONE Detective (OSI) NYS. Attorney General's Office, New York City Police Department (Ret.) (Ret.), email@example.com Representative, Section I / JIM GALLAGHER Chief of Police, Central Arizona Project Police, firstname.lastname@example.org
Chaplain / MIKE HARDEE Senior Manager, Covert Investigations Group (FL), email@example.com Historian / CINDY REED Special Agent (Ret.), Washington State Gambling Commission, firstname.lastname@example.org
FBI Assistant Director / TIMOTHY DUNHAM Assistant Director, FBI Training Division (VA)
Executive Director / HOWARD M. COOK Chief (Ret.), FBINAA National Office (VA), email@example.com
2023 DENVER/CO JULY 29-AUG 1 HOSTED BY THE ROCKY MOUNTAIN CHAPTER REGISTRATION IS NOW OPEN • FBINAA2023.COM
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Q1 2023 | Volume 25/Number 1 The National Academy Associate is a publication of the FBI National Academy Associates, Inc.
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CALL FOR ASSOCIATE MAGAZINE ARTICLE SUBMISSIONS Call for Article Submissions on 21st Century contemporary trends, challenges, and issues facing the global law enforcement community. The National Academy Associate Magazine, the official publication of the FBI National Academy Associates, is seeking subject matter experts 21st Century Policing Topics for Consideration: LEADERSHIP DEVELOPMENT AND CURRENT TRENDS COMMUNITY POLICING BODY-WORN CAMERAS LEGISLATION AND IMPLEMENTATION EXTREME RADICAL GROUPS AND INTERACTIONS ON BOTH LEFT AND RIGHT HOMEGROWN RACE = BASED VIOLENT EXTREMISM CIVIL UNREST AND PROTEST ISSUES: PROTEST PROCEDURES/ACTIONS TACTICAL RESPONSE RECRUITING MEDIA RELATIONS FINANCES/BUDGETS DURING TIMES OF CRISIS RECRUITING DIVERSITY OFFICER HEALTH AND WELLNESS RETIRED MEMBER FITNESS to write original, unpublished, continuing law enforcement-related education articles.
Howard Cook / Executive Director John Kennedy / Publisher, Communications & Grants Advisor Bridget Ingebrigtsen / Editor Dave Myslinski / Design
© Copyright 2023, the FBI National Academy Associates, Inc. Reproduction of any part of this magazine without express written permission is strictly prohibited.
The National Academy Associate is published quarterly by the FBI National Academy Associates, Inc., National Office, FBI Academy, Quantico, VA 22135.
The FBI National Academy Associates, Inc. is a private, non-profit organization and is not part of the Federal Bureau of Investigation or acting on the FBI’s behalf. Email editorial submissions to firstname.lastname@example.org. Submissions may vary in length from 500-2000 words, and shall not be submitted simultaneously to other publications. Please see our submission guidelines for more information. The FBI National Academy Associates, Inc., the National Board and the editors of the National Academy Associate neither endorse nor guarantee completeness or accuracy of material used that is obtained from sources considered reliable, nor accept liability resulting from the adoption or use of any methods, procedures, recommendations, or statements recommended or implied.
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CYBER CRIME AND MANAGEMENT LAW ENFORCEMENT AND COVID-19 LIFE AFTER LAW ENFORCEMENT OTHER
On the Cover: Routine non-traffic safety stop
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H appy New Year, 2023! It is hard to believe six months have passed since the 2022 National Annual Training Confer ence in Cleveland and now we are in full swing for Denver 2023. I am very blessed to have the opportunity to travel to several chapters and meet many great Association members, plus welcome in over 500 of our newest members at their graduation ceremonies last year. I cannot forget about being able to see and hear from our Chapter leaders during the two recent Virtual Engagement Meetings (VEM), and the great work being done throughout the world. I want to thank the chapters for the strong push over the past several months to increase our membership through our 2023 Reach Out & Re-Engage! (ROAR) campaign. Although we didn’t reach our intended goal, we did welcome back just over 500 former members who re-engaged with their chapters. I be lieve the biggest disconnect came from updated email address es. Please make sure you have one or two email addresses listed in your Graduate and Member Directory profile. The momen tum has been established heading into our 2023 Membership Renewal; we need to not only continue making sure we renew our memberships but continue to reach out to our session mates and have them re-engage. As most of you may have heard, the final efforts for our new “Life Member” program approved in October went into effect on January 1, 2023. We now have just over 2,000 Life Members (25+ Years) who were recently notified of their new membership status. This was long overdue, but with the dedicated work of our National Team and Membership Committee, it has come to fruition. Thank you to those that continue to stay active. As this number continues to grow, we look forward to discovering new way to increase our member benefits. I do want to recognize the 96 members of our Association who have reached the Golden Legacy of 50 years. I have tasked our Membership Committee with finding a new way to recognize your dedication to our Association, and I personally want to thank you for believing in and staying a part of our Association.
As we finish out the first quarter of 2023, I look forward to attending our Chapter Leadership Summit (CLS) in the middle of March in Quantico and hearing more about the great work and new ideas from chapter leaders. I know Executive Director Cook and his team are planning a great summit and will talk about their continued efforts to make our Association better. I ask you to continue to ROAR and encourage former mem bers to re-engage and return. Please be safe, and never forget about those who have given the ultimate sacrifice.
Tim Braniff FBINAA President FBINA 226
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RENEW YOUR MEMBERSHIP NOW
W W W . F B I N A A . O R G REACH OUT & RE-ENGAGE!
FORUM-DIRECT ® YOU’RE COVERED
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A s we start our new year, I continue to be in awe and inspired by the work and commitment of our members to their communities and our profession. It is with great pleasure and honor to serve the members of the greatest association on the planet as its executive director. Each day I see firsthand that our members are committed to fulfilling and exceeding our purpose of inspiring FBINAA members to continue their service to commu nity, networking, education, and professional development during their law enforcement career and beyond . I thank you for your continued dedication to your fellow NA graduates, this Associa tion, and to public safety throughout the world. Now that travel restrictions have eased in many areas, the National Board is excited to again participate in International Chapter Retrainers and events in 2023. The Board is committed to listening and acting on issues and concerns that affect our members worldwide. This can only be done by participating and networking with our members at their local and regional events. We are dedicated to make the needs of our worldwide Chapters the highest priority and this can only be accomplished by attend ing these events. As President Braniff mentioned in his Association Perspec tive column, we again are looking forward to meeting with our Chapter executives at the Chapter Leadership Summit scheduled for March 19th-23rd at the FBI National Academy in Quantico. This annual meeting is critical in setting the direction and priori ties of the Association now and for the future. As the demo graphics of our membership continue to change, Chapter input is essential to our continued success. NATIONAL OFFICE UPDATE FROM THE EXECUTIVE DIRECTOR Howard Cook
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Our Association continues to grow and provide more net working and training opportu nities for our membership. To keep up with this expansion, we will be investing in a more robust Association Manage ment System (AMS) and website. We have outgrown our current member data base system and need a more interactive and responsive system that is not only aligned with our business strategies and
operations, but will bring greater value to our members, custom ers, partners, and staff. This is a long-term project that started in January and will be completed in August. Look for more updates in future FBINAA newsletters. The National Board and Staff look forward to working with you and serving our membership in 2023. We’re off to a great start!
Howard M. Cook FBINAA Executive Director FBINA 224
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TIM HEGARTY, NA Session 238 The Final Report of the President’s Task Force on 21st Century Policing contains 21 references to procedural justice, starting with the crucial role it plays in the first of the report’s six rec ommendations for improving American policing: build trust and legitimacy. 1 The report makes the case that the procedur ally just treatment of citizens by the police leads to communi ty acceptance of the police as a legitimate authority, and this creates a greater likelihood that citizens will both voluntarily comply with the law and cooperate with the police in creating a safer community. P rocedural justice is also an integral part of the report’s fifth recommendation addressing reforms of police training and education. The George Floyd Justice in American Polic ing Act of 2020 passed by the House in March of 2021 but was rejected by the Senate, citing procedural justice as a key element in addressing racial bias. 2 In the immediate aftermath of the death of Floyd, International Association of Chiefs of Police President Steven Casstevens said, “The IACP and the policing profession are focused on building trust within our communities through transparency, the principles of procedural justice, and holding ourselves and our of ficers accountable for their actions. 3 There is a reason for the prominence of procedural justice in the lexicon of police reform. A great deal of research collectively supports the idea that police practice of procedural justice can build trust and legitimacy through, in part, reducing racial bias in officers’ decision-making. 4 In short, procedural justice has become the next paradigm that promises to cure the ills of American policing, replacing Compstat and proactive policing, which in turn replaced community policing. THE PROCEDURAL JUSTICE PARADIGM AND THE NON-TRAFFIC SAFETY STOP
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Continued from "Non-Traffic Safety Stop", on page 9
Traffic stops represent a key challenge to the procedural jus tice paradigm, for it is from this common citizen/police encounter that allegations of unjust treatment regularly arise, namely in the form of racial bias complaints. There is a clear belief in policing that the procedural justice paradigm is an effective solution for preventing racial bias by the police during traffic stops, and as a result, a great deal of emphasis is being placed on procedural jus tice training. And yet there is an argument being made that racial bias during traffic stops, often equated with racial profiling, is a problem that cannot be addressed through training because it is a problem inherent in the institution of American policing; training officers to treat motorists with procedural justice only addresses a symptom. If policing is to continue investing in the procedural justice paradigm, then a close examination of the supporting evi dence is warranted. Furthermore, it is the non-traffic safety stop, sometimes referred to as the investigatory stop, which should be of the most concern in this examination, as these have been at the heart of racial profiling complaints from the Black community. 5 THE PROCEDURAL JUSTICE PARADIGM In their literature review, Nagin and Telep outline the proce dural justice paradigm as it has come to be generally accepted. 6 First, officers treat citizens with dignity and respect during indi vidual interactions, they display trustworthy motives, and they act in an objective, unbiased manner. Officers also provide citizens the opportunity to be heard. These behaviors are the “pillars” of procedural justice. Next, citizens respond to procedurally just treatment by accepting the police (individually and institutionally) as a legitimate authority of the criminal justice system. Finally, because of police legitimacy, citizens voluntarily comply with laws and cooperate with the police as partners in keeping the commu nity safe. The traffic stop is the crucible for the procedural justice paradigm, as it is the most common involuntary and intrusive encounter with the police that citizens experience. 7 For the proce dural justice paradigm to work, citizens must be willing to accept intrusions into their individual freedoms, in this case the freedom of movement, because they accept the government’s legitimate authority to do so through the agent of the police officer. Further, it is the non-traffic safety stop that presents the truest test of the procedural justice paradigm. As part of a study conducted by Epp, Maynard-Moody, and Haider-Markel, traffic safety stops were defined as stops for speed ing seven miles an hour or more over the limit, DUI, red-light violations, reckless driving, and for stops associated with DUI check lanes. 8 Non-traffic safety stops were defined as stops for turn signal or lane change violations, malfunctioning lights, driv ing too slowly, stopping for an excessive amount of time, expired tags, and driver’s license checks. The authors collectively refer to these non-traffic safety stops, and stops for which officers give no reason, as investigatory stops, for they contend that such stops of minorities are for the primary purpose of investigating the pres ence of other crimes. The distinction between the two types of stops is important because for traffic safety violations, the study showed both Black motorists and White motorists are stopped at similar rates, receive similar outcomes, and report similar interactions with the officer. 9 For non-traffic safety stops, however, this study and several others showed that Black motorists are stopped at significantly higher rates, are subject to search and arrest at significantly higher rates, and report significantly different interactions with the officer. 10
Blacks are stopped at nearly twice the rate of Whites for non-traffic safety violations, and racial disparities in stop data is the sole product of non-traffic safety stops. 11 Both White and Black motor ists view traffic safety stops as legitimate, 12 but Black motorists view non-traffic safety stops as illegitimate far more than White motorists, and Blacks also see the criminal justice system as far more illegitimate than Whites. 13 Many in policing see procedural justice training as the solution to overcoming these perceptions, but what does the research say about the impact of procedural justice training? PROCEDURAL JUSTICE AND POLICE TRAINING Overall, Nagin and Telep conclude that the literature shows no compelling evidence that the procedural justice paradigm is likely to achieve the results that are hoped for by the police, community leaders, and legislators. 14 The authors emphasize that procedural justice in policing should be sought as a goal in and of itself, as there is intrinsic value in treating everyone with dignity and respect, displaying trustworthy motives, making unbiased decisions, and allowing others to be heard. Their fundamental critique of the procedural justice paradigm, however, is that legitimacy is a “product of a lifetime accumulation of historical, cultural, community, and familial influences, not just one or more interactions with the police or other representatives of the [crimi nal justice system].” 15 In studies specifically related to procedural justice training, results have been mixed at best, with the majority being unrelated to traffic stops. In one study that did involve traffic stops, re searchers found that procedural justice training had a significant positive impact on trust and confidence in the police, but there was no effect on citizens’ willingness to obey the police or to co operate with them in improving public safety. 16 In another study that specifically looked at traffic safety stops (as defined by citizen focus groups), results showed that procedural justice training did increase citizen perceptions of legitimacy, though evidence suggested that the outcome of the stop (warning vs citation) was a contributing factor. 17 Perceptions were not analyzed by race, and the study did not examine the effects of non-traffic safety stops. Two studies explored the use of procedural justice train ing with recruit officers, with one finding that training positively impacted officers’ perceptions of the tenets of procedural justice except for trust, and the other finding no evidence that training impacted officers’ attitudes about procedural justice, though their communication skills did show improvement during role-playing scenarios. 18 Neither examined any actual change in officer behav ior in the field. In another study with recruit officers, researchers found that attitudes toward procedural justice were positively im pacted, and this translated into more procedurally just behaviors in the field; however, positive attitudes diminished over time, and there was evidence that some citizens, namely those suspected of criminal behavior, were deemed less worthy of procedurally just treatment. 19 Another study showed that procedural justice train ing based in cognitive behavioral therapy reduced arrests during citizen encounters, but the largest reductions were in geographic areas where officers were the least likely to experience encoun ters that had a high probability of arrest. 20 Additionally, results showed some evidence that prior to training, officers may have been unnecessarily engaging in actions that alienated the public. Finally, one study found that training improved officers’ willing ness to display procedural justice during scenarios, but there was
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SIMPLE AND EFFECTIVE STRATEGIES FOR BUILDING PRODUCTIVE RELATIONSHIPS WITH YOUR PROSECUTOR’S OFFICE
PATRICK HARRIS, NA Session 283
The people that bring law enforcement officers’ cases to prosecution have many titles: city prosecutor, district attorney, state’s attorney or commonwealth attor ney. No matter the title or locality, every law enforcement jurisdiction could benefit from improving their relationship with the organization that prosecutes their criminal cases in court. T he community has an expectation that law enforcement agencies will write tickets and make arrests. They also have an expectation that those charges will result in convictions so the offenders will be held responsible for their actions. It is therefore critical for all organizations within the criminal justice system to work together to ensure the rights of the accused are respected and the victims of crime see that justice has been done for them. POTENTIAL POINTS OF CONFLICT WITH A PROSECUTOR’S OFFICE • Case screening • Lack of aggressive prosecution • Lack of support for arrests • Decriminalization of offenses • Out of sync philosophies about arrest and prosecution • Arrests without sufficient evidence for successful prosecution
How does a law enforcement agency become more in sync with a prosecutor’s office, especially when there are potentially many points of conflict and sometimes competing interests? Cooperation needs to begin at the highest levels of both organizations with candid conversations based on mutual understanding and respect. If there is existing conflict, one party must rise to the occasion, take the first step, and extend the olive branch. When all is said and done, it is the victims of crime we serve above our own self interests. While there may never be complete harmony, the efforts put forth by leadership can lay the foundation for future cooperation or at a minimum, an understanding of each other’s interests and constraints. The only difficult step is the first one, and once the precedent is set all future work will be normalized and the natural order of investigations. VALUE OF COOPERATION BETWEEN OFFICES DESPITE DIFFERING AGENDAS • Improved quality of arrests • Improved rate of prosecutable cases and convictions • Improved sense of teamwork • Improved service to the victims of crime • Provides a united front against crime to the community • Building trust in the criminal justice system in the eyes of the community Rather than being in direct conflict, it is much more likely that the relationship between a law enforcement agency and the prosecutor’s office functions as a matter of necessity under rules established years prior that may or may not be functional and relevant for 21st century policing. It is also possible that changing societal pressures are putting new constraints on
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The FBINAA Foundation has Partnered with Windsor Vineyards of California
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A MESSAGE FROM OUR CHAPLAIN
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The Fear Virus
F ear can create anxiety to the point of incapacitating us, but numerous studies have also shown that stress can some times be empowering and motivating. I recently read The Fear Virus by Ed Young , a recognized New York bestselling author and founding pastor of Fellowship Church in Texas. Young helps the reader identify the fears that many of us struggle with and offers a spiritual antidote. To understand how it works, first, let me share a story – There is probably no one in law enforcement history who was more afraid on the first night of my new job than I was. I was 21. I'd had only two weeks of training when they pulled me out of the academy and sent me to Levy County--a three-hour drive and a world away from everything I knew. They'd put me into active duty as a wildlife officer because I was the only rookie in the class who’d had any previous law enforcement experience. But that didn't mean a thing, because I only knew how to be a city cop on the streets of Green Cove Springs, not how to patrol nearly 2 million acres of swampland crawling with armed night hunters, with no backup. I had no clue how to apprehend an outlaw at night in the middle of the woods. In those years only the strongest survived, as I was often reminded by my supervisors. To show fear at any level was to show weakness and lack of faith in yourself. I truly lacked self confidence, but I also couldn’t admit it to anyone. The fear of failure affected everything I did. It wasn’t until I was taken under the wing of a retired Florida game warden, and he became my mentor, teacher, and trainer that things began to change for the better. His name was Fred Kirkland. Over the next several years, he challenged me in ways I never would have chal lenged myself. But first, he needed to test my faith in myself. One moonless night deep in the cypress swamps of Levy County, Fred insisted I track down and arrest two known poach ers that had previously shot at me weeks before, when I had stumbled upon them illegally hunting wild hogs on a salt marsh island on the coast in Northwest Florida. The barrage of gunfire from their semi-automatics had me pinned down in the thick, Gulf Coast sawgrass and I was unable to return fire, so they got away that night. Though I didn’t admit it to him, Fred saw the fear in me and knew that I needed the confidence to get back out there and face my fears, without his assistance, so that I would learn to depend only on my own instincts. Fred pushed me to go back after them, and I knew there would be no turning back. It turns out, there was only one thing I feared more than my lack of confidence in myself, and that was the fear of failing in Fred’s eyes. That’s what empowered me to turn my fear into a positive motivator. Fortunately, I found the courage to ambush both hunters in total darkness and make the arrest without incident (to Fred’s delight, I might add). That night, I had earned my stripes. Fear became a motivating force rather than a paralyzing one.
But fear alone, regardless of what is driving it, can and often does take its toll on us – just look at the number of suicides that occur each year in our profession. As law enforcement officers we’re supposed to be strong and resilient — we are often seen as the answer to the problem, not riddled with problems ourselves. Without someone we can trust to confide in about our doubts and concerns, it’s nearly impossible to overcome our fears. “An anxious heart weighs a man down, but a kind word cheers him up.” Proverbs 12:25 These days we seem to have less time to talk, listen, and learn from each other than in years past. There is just too much demand for our time. We are clearly doing more with the same number of hours in the day than before, but are we spending the time we need with each other in a way that shows we care? As we make promises to ourselves in the form of New Year’s resolutions, I ask all of us to be kind to ourselves by sharing our fears and our needs with a mentor, friend, or loved one. And con versely, find the time to keep a watchful eye on our brothers and sisters who may be too afraid to admit what’s bothering them. And when we can’t find someone we can trust to confide in, there’s an alternative. This brings us back to the book, The Fear Factor , and its message. The author offers a peek into the spiritual world of what is and isn’t important. He explains how the fear factor can change our lives if we learn to cope through faith and our spiritual relationship with God. Being able to share your fears with God and asking Him for guidance is the key. “Fear of God, the love of God, and hope in God, all of which we will receive through a relationship with Him, is the vaccine to the fear virus .” 1 Fred passed away many years ago, but my relationship with God has become my lifeline, especially in times of extreme fear, worry and sadness. In those moments, I turn to Him for comfort and help. “Our respect for the Lord, our gratitude for his mercy, and the understanding that God loves us is our path to wisdom.” (Proverbs 9:10)
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The Origins of the Youth Leadership Program Cindy Reed THE HISTORIAN'S SPOTLIGHT
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M any of the past Historian articles have been about individu als. I have enjoyed shifting the focus to programs we all take for granted without knowing the origins. Sometimes our more recent graduates will assume a program has “always been around” like the Yellow Brick Road brick tradition. (Fun histori cal fact: Although the obstacle course was begun in 1981, bricks were not awarded until 1988.) Just as the FBI often refers to the National Academy as their “Crown Jewel,” the Youth Leadership Program (YLP) is referred to as the “Crown Jewel of the NAA.” Yet, few know the considerable efforts that brought it to fruition in 1998. With the arrival of YLP Session 24 in June, it is appropriate to realize the work it took to realize this idea in 1998. Here is a recounting of the history of the efforts that got the program to where it is now. It was shared by JimWeyant, NA Session 109, who can claim credit for presenting the idea to the board and shepherding it through the process over many years. When you read his recounting of the process, you can appreciate his tenacity. Jim was one of the four initial Sectional Secretary Treasur ers who were appointed in 1994 to relieve George Graves who had taken on the immense responsibilities to assemble and organize all the FBINAA memorabilia and dues cards. That had been an overwhelming task, especially before computers. When the four new appointees visited the home of George and Shirley Graves, they found one entire bedroom was devoted exclusively to FBINAA files and records. “Being aware of the perceived need for a National effort to bring all chapters together for a common cause, I took advantage of the process to suggest the board consider developing a “Junior National Academy” (for the sake of a better term at the start), whereby each chapter could send a young person to Quantico for a meaningful educational experience of which the entire FBINAA could be proud. Board members typically listened to these sugges tions – which were regularly made over the first few years of my eight-year term; however, since I could do nothing other than “sug gest,” no action took place to further the concept... I still felt the idea had merit and continued to make periodic mention thereof. Finally, realizing the “Junior Academy” idea needed an of ficial boost, I initiated a personal discussion with then Section I Vice-President Bernard “Chuck” Burke (with whom I had a close re lationship being as we were both past presidents of the California Chapter). I suggested that he make a motion before the board to pursue the concept, promising that I would pursue all the neces sary physical effort by developing a survey instrument to be sent to each chapter, collecting and collating the resultant date and preparing a proposed document for the National Board. Chuck Burke agreed, made the motion at a board meeting in the Spring of 1997, which was seconded and approved. Now that the long sought-after suggestion had become “official,” I then set to work. My first effort was creating a “JUNIOR NATIONAL ACADEMY SURVEY” document with an FBINAA cover letter addressed to each Here is Jim’s recollection:
chapter president to be signed by Section I Vice President Chuck Burke. After the Board reviewed and approved the survey instru ment, the cover letter was signed by Vice President Burke and copies were mailed to all 48 chapter presidents, requesting that they be completed and sent back to me at my home address. (His torian’s note: Remember this was before computers so all phases were labor-intensive.) Seventeen responses (33 percent) were received and, lacking adequate computer capability at the time, I hand-collated all the collected information and prepared a suggested proposal to be presented at the next chapter president’s meeting. The suggested proposal was thoroughly discussed at the Board meeting held during the National conference in Atlanta, and approved at the meeting held during the IACP conference in Orlando, both in 1997. The proposal was formally presented to the chapter presidents at their annual meeting at Quantico in January of 1998. The chapter presidents unanimously approved of the pro gram and the national board designated Vice President Burke to proceed. Chuck Burke and myself were joined by FBI Special Agent Tom Lyon (chief of the FBI Academy physical training unit) and Sec tion 3 secretary-treasurer Robert Walsh. The four of us prepared for the first session of the ultimately named “Youth Leadership Program.” Session Number 1 of the YLP was held in July of 1998 and, because Quantico was being used for Drug Enforcement Adminis tration (DEA) training as well as that of the FBI, there was simply no room to hold the entire session at the academy. As an alterna tive, accommodations were arranged at the Douglas MacArthur Motel in Arlington, Virginia and, other than the initial Friday and Saturday nights at Quantico and a tour of the academy and three classroom sessions, all classes, lodging and meals were conducted at the motel. The counselors and instructors for this initial session were as follows: - Margaret Ackley, New London, CT (NA Session 184) - William Baker, Sutton, MA (NA Session 129) - Bernard “Chuck” Burke, La Mesa, CA (NA Session 104) - Pat Huntsman, Chino Valley, AZ (NA Session 164) - Glorie Sacco, La Mesa, CA (NA Session 164) - Joseph Schneider, White Plains, NY (NA Session 146) - Robert Walsh, West Hartford, CT (NA Session 126) - James Weyant, Torrance, CA (NA Session 109)
During this initial session, twenty-two (22) hours of classroom
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PATRICK KENNY, NA Session 237
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Employee substance abuse is all too common yet seldom discussed. While everyone knows who the alcoholics are, rarely is it addressed until there is a violation of policy or law. Unfortunately, the actions taken by management are reactive and in response to mitigate or punish unacceptable and undesirable workplace behaviors. Regrettably, the damage is already done to the employee and the agency if not addressed before an incident occurs. Does this sound familiar?
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Continued from "The Alcoholic Officer", on page 21
B ob is a 15-year veteran of the agency. He reports to work on time, handles his calls with few complaints, and keeps to himself. Although Bob is not proactive, his supervisors and peers like him, but don't expect much proactivity or productivity. Unfor tunately, Bob calls out sick frequently, using all his sick and vaca tion time in one-day increments this year; usually, it is the first day back to work from his days off. Occasionally Bob provides a doctor's note for his gout, ulcer, or intestinal distress, so not much action is taken for his abuse of sick time other than warning him he will be suspended for missing too much work. Everyone knows the real reason why Bob is out. Bob is an alcoholic. As a chief, sheriff or supervisor, there are two questions to con sider. Is functional alcoholism an agency problem to address? Should this issue be addressed before violations in the workplace occur? The answer to the first question is yes; it is much like moni toring a dangerous intersection for the next accident to occur without taking action beforehand to mitigate the danger. While Bob reports to duty, handles his dispatched calls, and does not create conflict—albeit he is not proactive and he does the mini mum— no issues exist except for his excessive use of sick time. Management may passively accept his lack of proactivity or place him on a performance plan, but this does not address the cause of his behavior, only the results. The reason to manage as an admin istrator is much more significant because Bob is a sworn officer, carries a firearm, drives a patrol vehicle, and makes life or death decisions. The question an administrator should ask is whether Bob is fit for duty. Is Bob physically and psychologically capable of the critical decision-making a law enforcement officer is respon sible for making? Probably not. HERE'S WHY There is a common trend with the "typical" functional alco holic. Alcoholics drink alone, at the end of their shift, or on their days off. They drink to excess or binge drink at a level of intoxica tion with a Blood Alcohol Content (BAC) range of 0.15-0.30 percent BAC or above. They will usually stop drinking 6-8 hours or less be fore their shift to allow time to lower their BAC. With 0.15 percent BAC and an elimination rate of 0.015 percent BAC per hour, after 8 hours, the BAC is now 0.03 percent BAC while he is at work. Are you concerned yet? Additionally, many functional alcoholics who drink exces sively daily or binge drink will have physiological withdrawal symptoms such as headaches, stomach and blood pressure is sues, memory, motor skill, and problem-solving difficulties when not drinking even if their BAC is 0.00 percent. They also suffer from psychological distress such as depression, anxiety, and cognitive processing issues. To reduce the withdrawal effects, they must drink, take medication such as Xanax or another sedating drug, or suffer from withdrawal. Bob is both physically and psychologically compromised and is not fit for duty in the same capacity as other officers who are not alcoholics. Should this issue be addressed before violations in the work place occur? If the agency is not proactively addressing the issues before "something" happens, the agency, administrators, and supervisors are equally responsible for the outcome. Administra tors often believe they cannot intrude upon the privacy of their employees regarding their off-duty drinking habits, but this does not significantly eliminate the agency's responsibility and liability when this involves sworn personnel who must be fully fit for duty.
When an employee’s off-duty actions interfere with their ability to be fully fit on duty, the employer has a responsibility to intervene. After all, the agency is not policing his off-duty behavior, only his on-duty readiness.
So, where do you begin to address the situation?
• Policy. Does your agency have a fitness, impairment, and readiness for duty policy? Many agencies have generic policies describing the need to be prepared for duty but lack specific examples. Policies should describe, in detail, readiness for duty. A policy should address areas such as fatigue, sleepiness, specific medication use, confusion, inattention, carelessness, etc. Policies should indicate a lack of preparedness for duty and may require further examination, relief of duty, or a fitness for duty evaluation. The policy must also contain the requirements for a fitness for duty evaluation. • Job Description . The agency job description is another criti cal piece to consider. The policy must include examples of the physical and cognitive expectations for the position beyond the essential ability to walk certain distances, stand, bend, lift, and eyesight. Complex job tasks must be examined, including detailed report writing, accuracy and timeliness, citizen interaction, expected patrol activity, and cognitive processing such as officer safety practices, problem-solving, decision-making, demeanor, and de-escalation with examples. The policies act as a checklist for supervisors and administra tors to gauge the employee's level of ability and readiness, along with the minimum standards to be "ready-fit." Now it's time to address Bob. The best way is the direct way. Tell Bob your observations and concerns. This is not an alco holic intervention; it is a management intervention based upon observation and consideration for his fitness for duty. The agency should examine the need for psychological and physical fitness for duty evaluation (FFDE) with a qualified professional. The qualified psychologist will evaluate Bob based on your policy, job description, and knowledge of psychology, substance abuse, and treatment. The psychologist will provide a "fully fit" or "not fit" for duty report. If not fully fit, the psychologist will recommend treat ment options for Bob to become fully fit before returning to full duty. Usually, this serves as a guide for the employee to become fully fit. The psychologist may recommend a no-duty or alternate duty (non-sworn) status while the employee seeks treatment from another provider, usually at the employee's time and expense. The employee will be reevaluated for their fitness for duty status to continue treatment or to return to full sworn duty. The agency may require (based upon labor laws) proof of sobriety and therapy before returning to full duty. The administrator should involve human resources, labor lawyers, and medical professionals for advice, but remember, you make the final decision. Note: an FFDE should not be disciplinary. You may administer discipline when neces sary and conduct an FFDE but do not require an FFDE as a part of the discipline action. SOME THOUGHTS TO CONSIDER: 1. In-service or roll-call training should discuss stress, anxiety, substance abuse, and family issues, offering awareness, support, and other resources. The goal is to reduce the stigma of asking for help, providing resources, and offering confidentiality.
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FBINAA CHARITABLE FOUNDATION THE HEART AND HELPING HANDS OF THE ASSOCIATION
Science and Innovation Award for Advancement in the Law Enforcement/Criminal Justice Field
Prior award winners cover a wide spectrum of advances. In 2019, a large metropolitan police agency created an open, public portal into crime and service records. The 2020 winner devised a comprehensive community policing campaign that proved highly effective in stemming the occurrence of gift card fraud. In 2021, the selectee was a privately developed computer program that improved communication and feedback between a large suburban community and its service population. In 2022, the award went to a two-pronged training curriculum of de-escala tion and measured use of force which emphasized reporting and accountability. Every year, nominees submit creative programs running the gamut from scientific advances to equipment to closely focused positive police-community interactions. Watch for an announcement around May 1 opening the nomination program. Anyone who wishes to submit a nomina tion must be an NA member, but the winner need not be affili ated with the FBINAA. The award will be presented at the Annual National Training Conference in Denver.
T he purpose of the award is to recognize an individual, an agency, an entity, or a company that makes a significant contribution to the profession through the introduction of a new or vastly improved product, technology, process, or technique. Collaborative efforts can include contributions from govern ment and non-government individuals and companies. Broad examples of such significant contributions include: • New strategies/techniques that streamline services and enhance productivity • New tactics that improve relationships between an agency and the people served • Training programs in line with current trends and subjects of importance • Technological advances in support of law enforcement and criminal justice goals and objectives • New equipment that assists members of the professional community in the performance of their duties However, this is not an all-inclusive list. Use your imagina tion and creativity! 2023 marks the fifth year that the FBINAA Charitable Foundation will present its Science and Innovation Award for Advancement in the Law Enforcement/Criminal Justice Field.
Science and Innovation Award Committee FBINAA Charitable Foundation
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YELLOW BRICK RUN | FBINAAFOUNDATION.ORG
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Continued from "FBINAA Charitable Foundation", on page 24
2023 Scholarship Program
T he FBINAA Charitable Foundation annually offers 19 schol arships of $1,000 each to selected high school seniors for post-secondary education at an accredited College or University. Four scholarships will be awarded to each of the four FBINAA Sections, and two to the Society of Former Special Agents of the FBI. An additional scholarship has been added for the applicant with the highest scored application. Some of these are spon sored scholarships, donated by FBINAA members or associates. The intent of this program is to: • Support and encourage youth development through continuing education at an accredited College or University • Promote community involvement • Encourage demonstrated leadership • Encourage active membership in the FBI National Academy Associates To be eligible applicant must be: • The child, step-child, or grandchild of an active member of the FBINAA or Society of Former Special Agents of the FBI • A high school senior • Plan to attend an undergraduate program at an accredited institution of higher learning
The manner in which a student applies for a scholarship is directly through the Foundation website. Students wishing to be considered must go onto the FBINAA Charitable Foundation web site and navigate to the Scholarship page. All applications are now completed on-line and through a portal. You must be able to upload your high school transcript, essay and a photograph of yourself and sponsor as part of the process. It is also important that you list your active FBINAA sponsor and the current chapter and section they are a member of. Only applications submitted electronically between March 1 and March 31, 2023 will be accepted. Incomplete or late applica tions will not be considered. All applicants will be notified of their application results. Any questions should be directed to FBINAA Charitable Foundation Scholarship Chairman, John LeLacheur at jlelacheur@FBINAAFoundation.org or 978-578-9516
John G. LeLacheur Chairman Scholarship Committee Director Section 4 FBINAA Charitable Foundation NA Session 241
Verizon Offers SupportWhere It Matters, When It Matters. For many years, Verizon has supported Public Safety and the families of law enforcement who have made the ultimate sacrifice. To date, Verizon has donated more than two million dollars to the surviving families. These funds are distributed through Verizon’s partnership with the FBI National Academy Associates, Inc. In many instances, members of the local FBINAA Chapter will present the donation to the family. Please contact the office of the FBI National Academy Associates with information on any sworn officer killed in the line of duty, feloniously or accidentally. The Association will coordinate with Verizon and The Verizon Fallen Officers Fund to distribute funds to that officer’s designated beneficiary. VERIZON’S PUBLIC SAFETY OUTREACH PROGRAM Verizon is committed to supporting the public safety community across the United States and takes pride in its partnership with federal, state and local agencies. Verizon sponsors numerous public safety events, associations and FBINAA Chapters throughout the country. Verizon is a proud partner and sponsor of the National Law Enforcement Officers Memorial Fund and Museum and a proud alliance partner of the FBI National Academy Associates. BETTER MATTERS.
Sherie Rebollo Unit Chief, FBI National Academy ACADEMY UPDATE
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I am proud to be part of an organization that can come together with outside agencies to participate in humanitarian efforts, such as honoring the fallen, helping those in need, and other philanthropic causes. Recently, I was approached about a special request that I was excited to accommodate. On December 5, 2022, the FBI National Academy’s Session 284 welcomed and honored eleven-year-old Devarjaye “DJ” Daniel . DJ has courageously faced terminal brain and spine cancer since the age of 6. He was initially given just months to live but he continues to fight and beat the odds of his terminal diagnosis. Originally, DJ’s mission was to be sworn into 100 police departments. He has far exceeded his goal and is now a member of over 700 law enforcement agencies. The National Academy Unit and students invested countless hours working together to provide DJ with a day of lasting and encouraging memories. In the morning, DJ was driven along the Yellow Brick Road course, where he witnessed NA Session 284 students complete the grueling 6.1-mile challenge. He also received an honorary yel low brick. Later, DJ met with FBI Director Christopher Wray , who presented him with honorary special agent credentials.
After lunch, DJ was honored at a swearing-in ceremony in the auditorium with NA students and FBI personnel. During the ceremony, DJ was sworn into 52 law enforcement agencies from across the United States and one from the United Kingdom— his first international agency. He was also named an official member of the session and received an honorary plaque. The day ended with a tour of the FBI Academy and a visit with the Hostage Rescue Team . My hope is that DJ will continue to courageously fight even stronger after fulfilling his lifelong dream. He is a role model for all of us.
(R) Devarjaye “DJ” Daniel
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