NCJ Number
196886
Journal
Police Chief Volume: 69 Issue: 9 Dated: September 2002 Pages: 58-66
Editor(s)
Charles Higgenbotham
Date Published
September 2002
Length
9 pages
Annotation
This article discusses the purpose and appropriate use of the fitness for duty evaluation (FFDE), which is conducted to notify police executives and the department of information about behavioral, mental illness, or personality issues that may negatively affect an officer's performance of his or her official duties.
Abstract
A FFDE is a specialized inquiry conducted by a specifically qualified mental health professional in response to complaints of an officer's reported inability to perform official duties safely because of impaired behavior. The evaluation may involve assessing a positive risk, what an officer may do that is potentially damaging, and/or a negative risk, what an officer may neglect to do as needed to conduct normal operations associated with his or her position. It is emphasized that the use of standard, published psychological testing is recommended and should involve police psychologists. Also, it is noted that the examiner should develop conclusions consistent with the Federal Rules of Evidence 702, and related case law, testifying only to scientific or technical evidence based on sound methodology and relevance to the case. Further discussion covers issues such as referrals should be made only for specific, current problems that are connected with the officer's behavior and recorded from observations by his supervisors, fellow officers, or civilians in the community; recommendations that the FFDE examiner be an outside consultant to the police department and be identified in the contract as the provider's legal "client," not the "examinee." The necessity that only managers who are part of the officer's supervisory system should be informed of the referral for a FFDE; and the confidentiality of the file should be maintained by keeping it separate from standard personnel or internal affairs records. The American's With Disabilities Act and the Family Medical Leave Act are two laws that may limit the employer's right to secure common medical information or may protect the employment of persons with short-term emergency medical leave needs. In conclusion, it is noted that misuse of FFDEs should be avoided for many reasons, including as a means of supplementing the collection of information in a criminal investigation of officer misconduct. In conclusion, it is noted that the examiner/provider should offer written conclusions that contain one of four major outcome recommendations that are listed related to fitness for duty determination and referral for training, disciplinary, or administrative action.