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COMMISSION
ON ACCREDITATION FOR
LAW
ENFORCEMENT AGENCIES, INC.
NEWS RELEASE March
28, 2001 The
Commission on Accreditation for Law Enforcement Agencies, Inc. (CALEA),
headquartered in Fairfax, Virginia, announced today the adoption of three new
standards dealing with two current and vital issues facing law enforcement
agencies and the communities they serve.
These new standards were adopted at CALEA’s recent meeting in
Greensboro, North Carolina. The
first standard deals with the issue of bias based profiling, a subject of
growing concern to the public-at-large, and to local, state and federal
legislative and judicial bodies. Bias
based profiling is the selection of individuals based solely on a trait common
to a group for enforcement action. This
includes, but is not limited to, race, ethnic background, gender, sexual
orientation, religion, economic status, age, cultural group or any other
identifiable group. CALEA has long
held that law enforcement agencies should not condone the use of any bias based
profiling as it is unethical and illegal. Additionally,
bias based profiling alienates citizens and fosters distrust of law enforcement
by the community. Compliance with
this standard is mandatory for all CALEA accredited agencies. The second standard, Personnel Early Warning System, and the third standard, Employee Assistance Program, deal with both the early identification of potential problem employees and the provision of a menu of remedial actions designed to address problem employees in a pro-active and constructive manner. With this approach, a law enforcement agency’s accountability is increased and its employees are offered a better opportunity to meet the agency's values and mission statement. CALEA
was created in 1979 through the combined efforts of the four major law
enforcement organizations: the International Association of Chiefs of Police,
National Organization of Black Law Enforcement Executives, National Sheriffs'
Association, and Police Executive Research Forum. The Commission was formed for
two reasons: to develop a set of law enforcement standards and to establish and
administer an accreditation process through which law enforcement agencies could
demonstrate voluntarily that they meet professionally-recognized criteria for
excellence in management and service delivery. The
text of the three new standards is attached.
For further information, contact CALEA Executive Director Sylvester
Daughtry, Jr. at (800) 368-3757, extension 31 or sdaughtry@calea.org. STANDARD
1.2.9 - BIAS BASED PROFILING 1.2.9
The agency has a written directive governing bias based profiling
and, at a minimum, includes the following provisions: a.
a
prohibition against bias based profiling in traffic contacts, field contacts and
in asset seizure and forfeiture efforts; b.
training
agency enforcement personnel in bias based profiling issues including legal
aspects; c.
corrective
measures if bias based profiling occurs; and d.
an
annual administrative review of agency practices including citizen concerns. Commentary:
Profiling, in itself, can be a useful tool to assist law enforcement
officers in carrying out their duties. Bias
based profiling, however, is the selection of individuals based solely on a
common trait of a group. This
includes but is not limited to race, ethnic background, gender, sexual
orientation, religion, economic status, age, cultural group or any other
identifiable groups. Law enforcement agencies should not condone the use of any bias
based profiling in its enforcement programs as it may lead to allegations of
violations of the constitutional rights of the citizens we serve, undermines the
legitimate law enforcement efforts and may lead to claims of civil rights
violations. Additionally, bias
based profiling alienates citizens, fosters distrust of law enforcement by the
community, invites media scrutiny, legislative action, and judicial
intervention. Law enforcement personnel should focus on a person’s conduct or
other specific suspect information. They
must have reasonable suspicion supported by specific articulated facts that the
person contacted regarding their identification, activity or location has been,
is, or is about to commit a crime or is currently presenting a threat to the
safety of themselves or others. Annually, the agency should include profiling related
training that should include field contacts, traffic stops, search issues, asset
seizure and forfeiture, interview techniques, cultural diversity,
discrimination, and community support.
(MMMM) STANDARD 35.1.15 – PERSONNEL EARLY WARNING SYSTEM
35.1.15 A written directive establishes a
Personnel Early Warning System to identify agency employees who may require
agency intervention efforts. The system should include procedures for: a.
provisions to initiate a review based on
current patterns of collected material; b.
agency
reporting requirements of conduct and behavior; c.
annual
evaluations of the system; d.
the
role of first and second level supervision; e.
remedial
action; and, f.
some
type of employee assistance such as a formal Employee Assistance Program, peer
counseling, etc. Commentary: A
comprehensive Personnel Early Warning System is an essential component of good
discipline in a well-managed law enforcement agency. The early identification of
potential problem employees and a menu of remedial actions can increase agency
accountability and offer employees a better opportunity to meet the agency's
values and mission statement. The agency's Personnel Early Warning System should be initiated when
certain types of incidents occur and there should be an evaluation of collected
material. Such material may include, but not necessarily be limited to, agency
performance evaluations, citizen complaints, disciplinary actions, use of force
incidents, internal affairs, supervisory and employee reports such as workmen's
compensation claims and traffic accidents. The agency should not be faced with investigating an employee for a
serious case of misconduct only to find there was an escalating pattern of less
serious misconduct, which could have been abated through intervention. The
failure of the agency to develop a comprehensive Personnel Early Warning System
can lead to the erosion of public confidence in the agency's ability to
investigate itself, while putting the public and agency employees in greater
risk of danger. A Personnel Early Warning System should include options and reviews
available through use of force reporting (Subchapter
1.3, Use of Force), the
disciplinary system (Chapter 26,
Disciplinary Procedures), employee assistance program (Chapter 22, Compensation, Benefits, and Conditions of Work) and
Internal Affairs (Chapter 53, Internal
Affairs). The first and second levels of supervision are crucial elements to a
successful Personnel Early Warning System and should be emphasized in the
agency's procedures. (OOMM) STANDARD 22.2.10 EMPLOYEE ASSISTANCE PROGRAM
22.2.10 The agency makes available to employees
an Employee Assistance Program (EAP) designed to assist in the identification
and resolution of concerns or problems (personal or job related), which may
adversely affect an employee’s personal or professional well-being or job
performance. These personal concerns may include, but are not limited to,
health, marital status, family, financial, substance abuse, emotional/stress and
other personal matters. The Employee Assistance Program shall include, at a
minimum: a.
a
written directive describing program services; b.
procedures
for obtaining program services; c.
confidential,
appropriate and timely problem assessment services; d.
referrals to services, either workplace
or community resources for appropriate diagnosis, treatment, and follow-up; e.
written
procedures and guidelines for referral to and/or mandatory participation; and, f.
training
of designated supervisory personnel in the program services, supervisor’s role
and responsibility, and identification of employee behaviors which would
indicate the existence of employee concerns, problems and/or issues that could
impact employee job performance. Commentary: An employee assistance program is
intended to assist employees who are suffering from persistent problems that may
tend to jeopardize the employee's psychological and/or physical well being. The
goal of this type of program is to help individuals who have developed problems
by providing services for consultation, treatment and rehabilitation in order to
prevent their condition from progressing to a degree that it will prevent the
employee from functioning effectively in the workplace (See 22.2.5).
An employee's
referral may either be voluntary, in which the employee elects to participate in
the program, or it may be a supervisory referral, in which a supervisor uses
agency guidelines to refer an employee into the program. An employee has the
option to refuse referral into the program and should be given the right to
discontinue participation at any time. Appropriate measures should be taken to
ensure confidentiality of records for employees admitted to the program,
according to established agency directives, personnel guidelines and state and
federal regulations.
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