Solving Ethical Dilemmas in Law Enforcement

          MS-581

Valerie Tanguay-Masner

San Bernardino County Sheriff’s Department, CA

FBI National Academy - Class 235

November 15, 2008  

In the Basic Academy, we instill in the trainees that they are to adhere to the Law Enforcement Code of Ethics.  Many memorize the oath that describes their “fundamental duty is to serve mankind…keep my private life unsullied as an example to all…with no compromise for crime and with relentless prosecution of criminals… dedicating myself before God to my chosen profession… law enforcement.”  (Law Enforcement Code of Ethics)  These men and women serve for many years with an unblemished record, valiantly serving the citizens of their state, county or local municipalities.  A few are applauded as heroes for efforts above and beyond the call of duty; still others are laid to rest after becoming victims of violence.

Individuals who enter the law enforcement field are described as ‘public servants’.  Their willingness to rush towards danger to assist total strangers lends itself to the creation of a brotherhood.  Together they see the horrors of violence and quietly shed tears for the victims.  Working long winter nights provides opportunities to share personal stories of the triumphs of their children and dreams of the future.  And in times of crisis they know that they can rely on each other for protection and support.  They form lifelong bonds and friendships because of the separations they feel from the majority of society.

After all of the triumphs and tears there comes a time when these officers find themselves in a position to retire.  It is a day that is not considered when they are rookies, seems elusive after a decade on the job, and finally is impending as they reach the twilight of their career.  This day that is so important suddenly seems to approach quickly, and many law enforcement professionals look upon it as impending doom because they have made no real plans for the rest of their lives.  When the day finally arrives there is a party, the presentation of a plaque or gold watch, nice things are said by friends and bosses, and then everyone turns and walks away. 

LACK OF PREPARATION

After months of training individuals for a career in law enforcement, we spend little or no time assisting them as they prepare to leave.  Retirees describe feelings of despair and explain that they have lost their identities and no longer seem to have a purpose.  In an interview with a Captain who had retired from the San Bernardino County Sheriff’s Department (CA) after 30 years, he expressed a sense of emptiness.  As a department member he was surrounded by brothers and sisters who shared common experiences and spoke the same language he did.  Shortly after retiring, he found that he was no longer a member of the family; rather he now felt that he was a “distant cousin”.  A Sergeant from the same organization who retired after 33 years related his experience when he went to the range to turn in his department-issued equipment during his final week of employment.  As the inventory sheet was being checked off by a young deputy, the final item to pass across the counter was his firearm.  For as long as he could remember the Sergeant had been taught to never give up his weapon – and now he was “ordered to surrender it”.  Both of these individuals spoke with great emotion about the transition from law enforcement to civilian life. 

In a survey of 25 law enforcement agencies in California, only the City of San Jose provides any form of transitional assistance to their pending retirees.  According to retired Lieutenant R. Saito (letter to author, October 26, 2008) even though San Jose’s 6-week program is optional, it is highly recommended.  In the first session, the employee and their spouse both attend and, independently, draw a picture of what retirement is going to look like.  When the couple gets back together, they share their pictures and describe the meaning, their hopes and dreams.  More times than not, the pictures are not even remotely the same.  A family counselor guides the couples through the exercise and explains the importance of open communication in order to maintain happiness through the retirement years.  Subsequent classes describe financial planning, medical benefits, estate planning, and creating exercise programs. 

Doctors Daniel Goldfarb and Gary Aumiller (Goldfarb & Aumiller, 2008, p.2) have run a counseling center for Long Island Law Enforcement Officers since 1984.  They have found an increase in the number of retirees who are utilizing their service because of depression, anxiety and marital discord.  On their Heavy Badge website, they define the five most common complaints from their retired clients:

1.      Retirement as a loss of identity and self esteem

2.      Marital difficulties

3.      Retiring for the wrong reasons

4.      Inability to plan and organize time

5.      Boredom

P.T.S.D. AND SUICIDE

While these issues may not be germane to only the law enforcement profession, there are some precursors that may expose these retirees to danger.   Nearly all police officers witness some of life’s most horrible scenes and can be hurled from periods of tedious duties into moments of terror.  In the same way that military combat veterans have been diagnosed with stress issues because of their experiences, law enforcement officers may also suffer from Post Traumatic Stress Disorder (PTSD).  Psychologists and Counselors acknowledge that PTSD can surface several weeks, months, or years after exposure to a critical event.  According to the National Center for PTSD (National Center for PTSD, 2008)  problems that are associated with this disorder include:

·        Drinking or drug abuse

·        Feelings of hopelessness, shame or despair

·        Relationship problems including divorce and violence

·        Physical Symptoms   

In addition, officers may re-experience critical incidents through memories, flashbacks or dreams.  They may suddenly cry uncontrollably and sense doom about their future.  Left unchecked, these symptoms carry through as the law enforcement officer approaches and enters into retirement. 

An alarming trend that has been tracked for the last few years, albeit sporadically, is the number of retired police officers who commit suicide.  The FBI has compiled statistics which show that law enforcement officers are six times more likely to kill themselves than members of the general public – 60 for every 100,000 people each year.  They claim that this figure more than triples for police officers who retire.  More disturbing is the fact that officers who are disabled and medically retired are 45 times more likely to commit suicide than the average person. (FBI, 2008, 2)  The California Association of Highway Patrolmen (CAHP) claims that for medically retired officers, the suicide rate is an appalling 2,621 per 100,000.  (Badge of Life, 2008, p.4)

In his book Police Suicide: Epidemic in Blue, (Violanti, 2007) Dr. John Violanti dedicates an entire chapter to the impact of police retirement.  He explains that “Retirement can have serious psychological consequences for police officers” and that they can “face a conflict of emotions”.  (Violanti, p. 74) Part of the reason for this is that “The structure of police work is very similar to that of the military” and “Many police officers feel very insecure without the structure they have been used to for 20-25 years.” (Violanti, p. 74)

The Badge of Life organization in Citrus Heights, California is committed to the psychological survival of police officers, both active and retired.  As part of their information services they keep track of the reported number of law enforcement suicides throughout the country on an annual basis. (Badge of Life, 2008, pp. 3-15) They list a total of eight suicides of retired officers from January through October, 2008, including: 

On March 28, the former sheriff of the Morton County, North Dakota, Sheriff’s Department, age 61, was found dead in his back yard of a self-inflicted gunshot wound.

A NY State police major retired in April was found dead in his new Windsor home of an apparent suicide by hanging on May 15, 2008.  He left a wife and three daughters.

July 21, 2008:  A Burlingame police officer who retired in 2007 killed another man in an argument and then shot himself in the head in Placerville, CA.

A retired captain and 25-year veteran of the Belmar, New Jersey Police Department parked his car on a highway overpass and leaped to his death on September 1, 2008.

In addition to officers who have already retired, Badge of Life also sites suicides of individuals who are pending service or disability retirements:

On May 29, a 51-year old Jersey City police captain was found in a motel dead of a self-inflicted gunshot wound.  He had 23 years on the job and was on the verge of retiring.  He was described as a ‘private man’ who had received numerous awards for service and bravery.  Family members and the department were at a loss to explain his reasons for taking his life.

A 12-year sergeant of the NYPD, age 36, retired on a knee disability.  On July 22 he slipped out of a psychiatric ward and began firing at officers, who returned fire and killed him. 

A 42 year-old officer of the Sleepy Hollow, NY, Police Department died of a self-inflicted gunshot wound in his home on August 19^th.  He was a 16-year veteran of the force and had been off work with an unspecified injury since May…”

Unfortunately, it usually takes a critical incident to bring issues like law enforcement suicides to light at local levels.  Most departments still do nothing to prepare their employees for the transition from a career in police work to returning to civilian life.  While many departments direct their employees to the Retirement Association for information regarding their future finances and benefits, few provide any pre-retirement counseling for the officer and his family. 

THE MILITARY SOLUTION

In that law enforcement agencies are paramilitary organizations, we need to focus on the military for direction in how to appropriately out-process our retiring members.  The Transition Assistance Management Program (TAMP) was established in November 1990 under Title 10 of the United States Code (Bascetta, 2002) and requires all active and reserve separating and retiring service members to have access to permanent transition assistance services.  Members who are being involuntarily separated (IVS) or involuntarily retired (IVR) also receive specific legislated transition benefits.  This complement of individual programs, services and benefits, which collectively constitute TAMP, include pre-separation counseling, employment assistance, relocation assistance and benefits for members who are involuntarily separated or retired.  This is done through a cooperative effort involving the Department of Defense, U.S. Department of Labor and the Department of Veterans Affairs, as well as many state, community and non-profit service organizations. 

Director Cynthia A. Bascetta of the United States General Accounting Office (GAO) testified before the Subcommittee on Benefits, Committee on Veterans’ Affairs and House of Representatives on July 18, 2002 regarding the Transition Assistance Management Program.  (Bascetta, 2002) In her report, she outlined the requirement of every branch of the military to provide pre-separation counseling to all military personnel no later than 90 days prior to their separation from the military.  The counseling must include information about education and vocational rehabilitation benefits, job counseling and job placement information, selective reserve options, relocation assistance services, medical and dental benefits, counseling on the effects of career changes and financial planning. 

In both the United States Marine Corps (USMC [USMC], n.d.) and the U.S. Navy (Dept of the Navy, 2007), TAMP services are available to military personnel and their families who are within 24 months of retirement.  The Coast Guard (USCG [USCG], n.d.) and the Army (US Army, n.d.) require Transition Assistance no later than 90 days before the anticipated date of separation from each respective branch.  Each of the TAMP programs outline similar phases of individual transition planning including assessment, exploration, skills development, intern programs, job search assistance, selection and support. 

In addition to the assistance provided to individual military personnel, there are a variety of assistance programs for their spouses and children.  In July of 2006, the Texas Education Agency (Texas Education Agency, 2006) authored a status report regarding Transition Assistance for Military Students.  House Bill 25, 79^th Texas Legislature, requires the Texas Education Agency to provide assistance for military dependents transferring from one school to another school.  In addition, they created the Texans Caring for Military Children Initiative in order to supplement additional counselors and counseling centers for military dependents.  As for spouses, they are invited to participate in TAMP and have access to college, job training and job placement programs.  (Military Transition Times, n.d.)

Since the military already has all of these programs in place, it would not be difficult to use TAMP as a guideline in creating similar programs for law enforcement.  Mandating a pending retiree to participate in counseling could diffuse some of the anxiety that comes from this upcoming life-changing event.  Inviting the spouse of the veteran officer to attend counseling, much like the San Jose model, might alleviate some of the misperceptions that lead to the five complaints outlined by Goldfarb and Aumiller.  And when warranted, assisting a service or medical retiree with resume writing and job placement assistance will allow them to pursue future employment opportunities. 

Law enforcement retirees have immeasurable value.  We do each of them a great disservice by ignoring the glaring facts that indicate the need for pre and post event counseling.  There are a variety of National Organizations that have programs in place to assist in the retirement transition, but their existence is not well publicized.  Many of these organizations are non-profit and rely on donations to maintain their existence; there is little or no budget available to advertise the products that they have created. 

TRAINING AND ASSISTANCE PROGRAMS

Borrowing a term from Stephen Covey, (Covey, 2004, p. 95) departments should “begin with the end in mind”.  We cannot wait until an officer is ready to retire before providing counseling and outreach services, we need to provide mental health training beginning in the Basic Academy.  

  Stephanie Samuels is a therapist who works with Police Officers in New York and New Jersey.  She explains “I describe law enforcement not as a job, not as a career, but as a way of life.”  (Violanti, 2007, p. 80) After years of working professionally with officers, she saw a void in outlets that officers could turn to during times of stress.  Samuels is the creator and founder of Copline, a not-for-profit confidential phone service dedicated to helping officers and their families in times of crisis and uncertainty.  (COP Line, n.d.) The phones are manned 24 hours a day, 365 days a year, by retired law enforcement officers from police and sheriffs departments as well as from corrections.  The retirees have received 40-hours of specialized training and, since they are no longer on the force, they are not obligated to report what the caller is confiding in them.  Samuels sees the benefits of utilizing the valuable experience of the retirees and recognizes that they are a credible source of shared experiences for those who call in times of crisis.

When looking for training programs to be introduced at local levels, the most promising non-profit organization available to assist is Badge of Life out of Citrus Heights, CA.    This is “a group of active and retired police officers from the United States and Canada who are victims of trauma-related injuries from our law enforcement service.”  (Badge of Life, n.d.) Working with experts like Dr. John Violanti, Dr. Janak Mehtani and Catherine Leon, LCSW this group is committed to providing training to departments from the North American continent in psychological survival, PTSD, and the challenges facing retirees.  They believe that for every officer who commits suicide, there are a thousand more who struggle with psychological and psychosocial stressors each day.  In October, 2008 this organization was profiled in PORAC Magazine, PoliceOne.com, and “CopShock”.   

Through the Badge of Life website, there are links and invitations to their public service announcement videos including “Police Suicide”, “Police PTSD” and their new video that was released in November 2008 entitled “Police Retirement – The Last Trauma”.  In addition, this organization is willing to provide free lesson plans with correlating Power Point Presentations for instruction in the topics of PTSD and Suicides with individual curriculum designed for either Academy Recruits or Veteran Officers.  They are committed to distributing their products to law enforcement agencies because a healthy career in law enforcement can correspond to a healthy retirement.  Currently there are only 13 law enforcement agencies and academies using the Badge of Life materials in their training.  Through advertising and the free distribution of materials they hope to have many more departments incorporate their program into annual training.

BRINGING IT HOME

Having a program to assist officers in coping with the stressors of their job does not have to be created at the local level.  There are a variety of courses already available for current employees through regional and state training divisions that focus on stress management, officer involved shootings and peer support.  Law enforcement, as a whole, does an adequate job in training for these specific topics.  However, more needs to be done to prepare our brethren for the emotional transition from wearing the badge to being a “distant cousin” to law enforcement.    

Focusing on support for our pending retirees we can turn to the military as a model.  Departments need to create their own version of the mandatory Transition Assistance Management Program in order to assist officers months, or even years, before their actual retirement date.  The San Jose model wherein initial family counseling is offered can be a springboard for creating realistic expectations of the future.  Additional meetings can focus on a variety of concerns including the five most common complaints outlined by Goldfarb and Aumiller.   And Departments can look to outside sources like COP Line or Badge of Life in order to provide opportunities for retirees to become part of an organization who understands what they are going through.

By beginning at the Basic Academy level in providing information about PTSD and Police Suicides, we can create an environment wherein these topics can be discussed openly.  Utilizing similar training for the veteran officer will reiterate the message that stressors are normal occurrences in our profession.  Badge of Life recommends the following resources (Badge of Life, n.d.) when initiating this type of training at individual departments: 

1.      A dedicated staff committed to the task

2.      A free and confidential contract employee counseling service.

3.      A health service on contract to respond to officers in crisis.

4.      A Peer Support Officer Program

5.      A Critical Incident Stress Debriefing Program.

6.      A cadet training program to include suicide prevention, mental health awareness and annual mental health checkups.

7.      Annual interactive refresher classes at the squad level.

In order to make this program successful, the necessity of annual mental health checkups must be encouraged.  However, dissolving the stigma of psychological counseling within the law enforcement community is not a change that is going to occur overnight.  Rather, we need to focus on the 50,000 new officers who come into the profession annually and create an atmosphere wherein an annual one hour visit to a therapist is not viewed as a weakness.  Departments must be willing to invest in the welfare of their active duty officers and their retirees by creating these types of courses.  There is a direct correlation between mentally and emotionally stable officers on the job and those who carry this mindset into retirement.  Furthermore, utilizing retirees within programs such as the department’s Peer Counseling and Critical Incident Support can only lend credibility to the process.

For departments to continue to only focus on the financial and medical benefits afforded their retirees borders on criminal behavior.  Ignoring the emotional trauma that comes with both service and unplanned medical retirements is a recipe for disaster.  With the number of non-profit organizations that are available to assist with counseling and training, a department that fails to take immediate action sends a message that retirees have no value.  Creating and requiring mandated Transition Assistance, to include the mental health component, will greatly enhance the quality of life for individuals who have dedicated their lives to serve and protect.

References

Badge of Life (2008). Police Retirees and Trauma. Retrieved October 18, 2008, from http://www.badgeoflife.com/retirees.php

Badge of Life (2008). Police Suicide Prevention. Retrieved October 18, 2008, from http://www.policesuicideprevention.com

Badge of Life (n.d.). Badge of Life. Retrieved October 18, 2008, from www.badgeoflife.com

Badge of Life (n.d.). Summary and List of Resources. Retrieved November 11, 2008, from http://www.badgeoflife.com/department.php

Bascetta, C. A. (2002, July 18). Military and Veterans' Benefits: Observations on the Transition Assistance Program. Retrieved October 20, 2008, from www.gao.gov/new.items/d02914t.pdf

COP Line (n.d.). COP Line - An Officers Lifeline. Retrieved November 11, 2008, from http://www.copline.org

Covey, S. (2004). The 7 Habits of Highly Effective People. NY: Simon & Schuster.

Dept of the Navy (2007, March 9). Transition Assistance Management Program (TAMP). Retrieved October 20, 2008, from www.navystorekeeper.com/1900_2b.pdf

Goldfarb, D., & Aumiller, G. (2008). Retirement Issues Facing Police Officers. Retrieved October 18, 2008, from http://www.heavybadge.com/retire.htm

J S Online (2008, January  22). Suicide takes toll on Police. J S Online, , p. 2. Retrieved October 24, 2008, from http://www.jsonline.com/news/milwaukee/29582009.html

Law Enforcement Code of Ethics (). . Retrieved October 30, 2008, from http://co.whatcom.wa.us/sheriff/ethics.jsp

Military Transition Times (n.d.). Transition Assistance is for Spouses, Too. Retrieved November 1, 2008, from http://www.militarytransitiontimes.com/spouses/spouses.htm

National Center for PTSD (2008, October 23). What is Posttraumatic Stress Disorder (PTSD)?. Retrieved November 15, 2008, from http://www.mentalhealth.ca.gov/MENTALHEALTH/ptsd/fs_what_is_ptsd0ddh.asp

S.O.L.E.S. (n.d.). For Survivors - Those Left Behind. Retrieved October 18, 2008, from http://www.tearsofacop.com/police/SOLES.html

Texas Education Agency (2006, July). Status Report: Transition Assistance for Military Students. Retrieved October 25, 2008, from http://www.tea.state.tx.us/comm/military.pdf

US Army (n.d.). Transition Assistance. Retrieved November 1, 2008, from http://www.acap.army.mil/transitioner/transition_assistance/trans_assist.cfm

USA Today (1999, June 1). Preventing Officers from Aiming Guns at Themselves. Retrieved October 24, 2008, from http://www.psf.org/media.htm

USCG (n.d.). Transition. Retrieved November 1, 2008, from http://www.uscg.mil/mlcpac/iscalameda/WLS/Transition.asp

USMC (n.d.). MCCS - Transition Assistance. Retrieved November 1, 2008, from http://www.usmc-mccs.org/tamp/index

Violanti, J. M. (2007). Police Suicide: Epidemic in Blue (2nd ed.). Springfield, IL: Charles C Thomas.