Associate Jan/Feb 2014

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J A N 2 0 1 4 F E B

J A N 2 0 1 4 F E B

CHAPTER CHAT

Measuring Law Enforcement Performance continued from page 14

arrest reports, search warrant’s administrative and operational aspects, use of force investiga- tions, handling of confidential informants, jail operations, property/evidence rooms, and in- ternal complaint investigations. A law enforcement performance audit practice is developed to assess internal con- trols within police operations, specifically the high-risk areas. The criteria for such internal controls may come from the law, such as in the case of assessing whether arrest reports ar- ticulate reasonable suspicion for detention of an individual, or policies and procedures that may provide for the handling of evidence. Yet in other instances, the performance audit itself may point out that policies and procedures may be lacking, ambiguous, or contradicting, thus exposing the department to liability. Research has indicated a myriad of man- ners in which law enforcement agencies at- tempt to ‘look’ at their own operations. Here, ‘audit’ is defined under the purview of the US Government Accountability Office, General- ly Accepted Government Auditing Standards (§2.10, 2011) as: ...audits that provide findings or conclu- sions based on an evaluation of sufficient, appropriate evidence against criteria. Performance audits provide objective analysis to assist management and those charged with governance and oversight in using the information to improve program performance and opera- tions, reduce costs, facilitate decision making by parties with responsibility to oversee or initiate corrective action, and contribute to public accountability. The practice of conducting a law en- forcement performance audit is accomplished by reaching out to the professional audit world and utilizing actual auditing standards to conduct an audit that is systematic, and takes a disciplined approach. Organizations such as the International Law Enforcement Auditors Association, Institute of Internal Auditors, and the Association of Local Gov- ernment Auditors are extremely helpful in furthering professional law enforcement per- formance audits. The other key component is the focus on risk, and compliance with poli- cies and procedures, directly related to law enforcement operations. The LAPD, in measuring how they implemented the mandates of the consent decree (2001 – 2009), established an internal audit division. This division was encompassed

Law Enforcement Agencies Under Purview of the US Department of Justice

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nounced that David Griswold will join the organization as Director of Public Safety, effec- tive April 1. With 30 years of experi- ence, Griswold

Ray was 85 years old. Ray retired from the Seattle Police De- partment in 1979 as a Major. He retired

tended the FBI National Academy in 1969 and served as New Mexico Chapter President in 1979. Deputy Chief Lagomarsino was residing in Albuquerque when he passed away. NEW YORK/E. CANADA n Effective 11/1/2013, Daniel Henderson , 242nd Session, was

Measuring Law Enforcement Performance continued from page 14 by professional auditors and sworn supervisory personnel. Together, the division conducted mandated audits, which were presented to the independent monitor that measured the compliance with the consent decree directives. This ap- proach proved useful to the LAPD, and post-consent decree, the prac- tice of internal performance audit- ing is still utilized with an annual audit and inspection plan in place, and with the audits presented to the Board of Police Commissioners. Other large law enforcement agencies have implemented, or are in the process of implementing in- ternal audit units. According the Max Santiago, NA Session 214, for- mer Inspector General of the Cali- fornia Highway Patrol (CHP), the CHP implemented a credible and comprehensive law enforcement performance audit and inspection program. The CHP’s program has allowed commanders to share best practices with their peers through- out the State of California and pro- vides a mechanism to identify trends and potential problems before they become widespread crises. The Los Angeles County Sheriff’s Department is currently in the process of implementing an internal audit unit to measure risk, and its operational compliance. The sheriff’s department has three over- arching operational responsibilities: BobWaites , (NSW, Australia - Retired), bobnsue@optusnet. com.au . 176th Session members interest- ed in attending a reunion at the 2014 National Convention please contact one of the members listed below as soon as possible! Dan Murphy , (NYPD Retired), dtmurphy1@optimum.net ; John Samaniego , (Chief Deputy, Shelby County AL) johns@shelbyso.com ; Dan Douighty , (Ft. Lauderdale FL-Retired), dan1051@mac.com ;

Law Enforcement Agency Investigation Memorandum of Agreement Consent Decree City of Inglewood, CA 12/28/09 – – City of Yonkers, NY 06/18/09 – – City of Austin, TX 12/23/08 – – Orange County, FL 08/20/08 – – City of Easton, PA 11/26/07 – – City of Warren, OH 03/02/06 – – US Virgin Islands 10/05/05 – 03/23/09 City of Beacon, NY 06/21/05 – – City of Alabaster, AL 11/09/04 – – City of Bakersfield, CA 04/12/04 – – Prince George’s County, MD 01/22/04 – – City of Cleveland, OH 06/19/03 – – City of Portland, MN 03/21/03 – – City of Schenectady, NY 03/19/03 – – City of Miami, FL 03/13/03 – – City of City of Detroit 11/12/02 – 06/12/03 District of Columbia 06/13/01 06/13/01 – City of Los Angeles, CA 05/08/00 – 06/15/01 City of Columbus, OH 07/21/98 04/12/02 – City of Pittsburgh, PA 01/17/97 – – City of Steubenville, OH Unk – 09/03/97 City of Buffalo, NY Unk 09/19/02 – City of Villa Rica, GA Unk 12/23/03 – City of Cincinnati, OH Unk 04/12/02 – Village of Mt. Prospect, IL Unk 01/22/03 – State of New Jersey Unk – 12/30/99

Raymond L. Carroll

has served as deputy inspector general for the Ten-

from the U.S. Army Reserves after 35 years of service as a Lt. Colo- nel. He is survived by his wife Rosemary; his children, Kathy King and Randy Carroll. Ray was a graduate of the 78th Session of the FBI National Academy (1966). WISCONSIN n On Dec. 5th, 2013, the Wis- consin Chapter held their annual holiday luncheon . Former Mil- waukee Bucks player and MACC Fund President, Jon McGlocklin , was the guest speaker and is pictured receiving an apprecia- tive item from Undersheriff Kurt Picknell (Chapter President).

appointed as Chief of Police of the Harri- man Police Depart- ment. He retired from the Village

David Griswold

nessee Office of Inspector Gener- al since 2004 and previously held several roles, including interim director, deputy director, and special agent in charge, at the Tennessee Bureau of Investiga- tion. He is a graduate of Middle Tennessee State University and the FBI National Academy. n Bill Sharp , 234th Session, was promoted to Major of the Criminal Investigation Division of the Rutherford County Sheriff’s Office n David Hailey , 248th Session, was promoted to Captain of the Criminal Investigation Division of the Rutherford County Sheriff’s Office. TEXAS n After 33 years of service, Judy McDonald Pharr , 198th Session, retired from the Dallas County Sheriff’s Depart- ment as Captain. Captain Pharr served as Commander of the Resource Development Division which included the Personnel Section and Training Academy. WASHINGTON n Raymond L. Carroll (Ray) passed away December 26, 2013. Judy McDonald Pharr

Daniel Henderson

of Goshen Police Department after 20 years to take the Chief of Police position in Harriman. Henderson has been serving 25 years in law enforcement. n Anthony J. Raganella , 223rd Session, was promoted within the NYPD to Deputy Inspector on December 23rd, 2013, and remains the Commanding Officer of the Disorder Control Unit. NORTHWEST n Sheriff Tom Doherty , 189th Session, retired from Le Sueur County Sheriff’s Office on Janu- ary 31, 2014 after 37 years of service.

Note: It is unknown (Unk) whether investigations preceded in the latter six cities prior to entering into a memorandum of agreement/consent decree. Adapted from U.S. DOJ, Civil Rights Division, Special Litigation Section, http://www.justice.gov/crt/about/spl/police.php, January 30, 2011.

Performance Measurements

Consider the Los Angeles Police Department (LAPD), and the ubiquitous Rampart Scandal. At the end of the day when the LAPD con- ducted its own Board of Inquiry, and when the consent decree was implemented, there were some things that were quite evident. First, the LAPD had policies and procedures to address most of the issues they found, notwithstand- ing, some of these policies and procedures did not reflect the realities of their current opera- tions. Second, and perhaps the more profound issue, was that personnel were simply not fol- lowing policies and procedures. In fact, when one looks at the investigations and consent de- crees by the US DOJ on various law enforce- ment agencies, most, if not all, indicate issues with a gap in policy and procedure, or not fol- lowing policy and procedure; hence, not mea- suring compliance. Some of the typical issues include, but are not limited to, articulation of reasonable suspicion and probable cause on

Unequivocally, there lies a great deal of responsibility with police departments. In addition to those great responsibilities are in- herent risks that police officers engage in on a daily basis. The mere fact that officers must confront volatile situations puts them and their respective agencies in a position of deal- ing with inherent risk. These inherent risks are typically covered under the law and by departmental policy and procedure. One of the problems is that law enforcement agencies may not be frequenting their policies and procedures to coincide with recent case law, or not revising policies and procedures to reflect more current best practic- es. The other issue at hand is law enforcement agencies typically do not assess whether these policies and procedures are being adhered to.

n Undersheriff Mark Pettit , 237th Session, retired from

(L-R) John McGlocklin, Kurt Picknell.

Ramsey County Sheriff’s Office on January 27, 2014 after 30

Attention 176th Session Graduates 2014 will mark 20 years from the time that esteemed group of law enforcement professionals known as the 176th Session en- tered the FBI National Academy! To commemorate the experi- ence, reunite with old colleagues, remember the pranks and once again share the great camarade- rie of those wonderful people, we are seeking to reunite at the 2014 FBI NA National Conference in Philadelphia.

year of ser- vice in law enforce- ment.

Mark Pettit

TENNESSEE n The Metropolitan Nashville Airport Authority (MNAA) an-

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