NCJ Number
58287
Date Published
1978
Length
8 pages
Annotation
POLICE DISCIPLINE AND CONFIDENTIALITY OF POLICE PERSONNEL RECORDS ARE DISCUSSED BY TWO PARTICIPANTS IN A WORKSHOP ON POLICE DISCIPLINE HELD DURING A CONFERENCE OF THE INTERNATIONAL ASSOCIATION OF CHIEFS OF POLICE.
Abstract
THE DEPUTY COMMISSIONER OF THE NEW YORK POLICE DEPARTMENT CITES EXAMPLES OF POLICE DISCIPLINARY PROBLEMS (CORRUPTION, CONSPIRACY, ON-THE-JOB INTOXICATION, ETC.), SUGGESTS SOME CAUSES BEHIND THE PROBLEMS, AND OFFERS GUIDELINES FOR IMPLEMENTING EFFECTIVE DISCIPLINARY ACTIONS. THE NEED FOR POLICE DISCIPLINARY POLICY TO BE FAIR, CONSISTENT, AND WELL UNDERSTOOD BY OFFICERS IS BROUGHT OUT, AS ARE LEGAL AND PROCEDURAL MATTERS PERTAINING TO THE IMPOSITION OF DISCIPLINARY MEASURES. A BRIEF DESCRIPTION IS PRESENTED OF THE NEW YORK DEPARTMENT'S DISCIPLINARY SYSTEM, WHICH INVOLVES THE EFFORTS OF 15 FULL-TIME POLICE OFFICERS/ATTORNEYS, WHO HANDLE AN ANNUAL CASELOAD OF 700 DISCIPLINARY TRIALS. A LEGAL ADVISOR WITH THE SAN DIEGO, CALIF., POLICE DEPARTMENT DISCUSSES CONDITIONS UNDER WHICH POLICE AGENCIES ARE REQUIRED TO PRODUCE AN OFFICER'S PERSONNEL RECORD OR INTERNAL AFFAIRS FILE AT THE REQUEST OF THE DEFENSE IN A CRIMINAL TRIAL. POLICE EXECUTIVES ARE URGED TO REFER ALL SUCH REQUESTS TO A LEGAL ADVISOR OR OTHER ATTORNEY TO DETERMINE THEIR LEGALITY. PROCEDURES FOR ASSERTING A PRIVILEGE OF CONFIDENTIALITY WITH REGARD TO REQUESTS FOR PERSONNEL DOCUMENTS ARE OUTLINED. LAW ENFORCEMENT AGENCIES ARE ENCOURAGED TO ARTICULATE CLEARLY THEIR POSITION ON CONFIDENTIALITY AND TO REQUEST THAT TRIAL JUDGES SCRUTINIZE CAREFULLY ALL REQUESTS FOR POLICE PERSONNEL DOCUMENTS. (LKM)