HomeMy WebLinkAboutIPD - Investigation of Alleged Misconduct ITHACA POLICE DEPARTMENT
INVESTIGATION OF ALLEGED MISCONDUCT
EXECUTIVE SUMMARY
GERALD E. BROWN
NOVEMBER 9 - DECEMBER 16, 1988
On November 9, 1988, pursuant to a request from
Ithaca Police Chief Harlin R. McEwen and subsequent instructions,
writer commenced a review of recent unsubstantiated allegations of
impropriety within the Ithaca Police Department, which were the
subject of discussion in the media and the City of Ithaca.
The purpose of the review was to be a professional
inquiry into criminal or serious unprofessional conduct brought to
our attention by any citizen or department or city employee or any
other appropriate agency.
On November 9, 1988 Chief McEwen and I met with Mayor
John C. Gutenberger and went over the purpose of the review with
a clear understanding that I would report all findings directly to
Chief McEwen. Mayor Gutenberger was very supportive and agreed
with the proposed policy and criteria. It should be noted that in
order to obtain a more clear overview of what had recently been
transpiring in the Ithaca Community regarding the Police
Department, a review of approximately ten (10) years of news
clippings was completed. My review of these articles seemed to
confirm Chief McEwen' s position that a responsible and professional
approach was needed so that the Police Department could have a
venue to either dismiss allegations as unsubstantiated or bring
corruption to the public's attention, if any was found.
1
On Friday, November 11, 1988, Chief McEwen and Mayor
Gutenberger held a news conference to announce that such a review
was to be conducted and that a private telephone number (273-1472)
was set up in the Chief's office so that I could be contacted for
confidential interviews by any individuals claiming to have
knowledge of alleged improprieties. (Refer to Enclosures 1 and 2)
This telephone was activated on Monday, November 14 ,
1988 .
The establishment of this "hot-line" telephone number
received extensive media coverage, both printed and electronic, not
only the day of the press conference, but throughout the subsequent
weeks up to December 2 , 1988 . In addition, a sizeable 2 Column Ad
was placed in the Ithaca Journal on November 21 and November 26,
1988 , explaining that a review of recent unsubstantiated
allegations was being conducted and that a confidential interview
could be arranged by dialing 273-1472 . The advertisement explained
that the City of Ithaca believed in quality policing and that the
purpose of the review of allegations was to make Ithaca a safer,
better place to live and to enhance the quality of working life of
police employees. A copy of this ad is an enclosure. (Enclosure
No. 3)
Contained in my full report are the details of my
2
interviews and findings from November 15, 1988 through December 16,
1988 .
During that time, I conducted 29 interviews with 11
different persons who offered information concerning the
allegations.
In addition, 3 persons called me and reported matters
which were not connected to the subject of my investigation, but
did require further investigation by the Police Chief.
I conducted extensive interviews with Alderperson Susan
Cummings and Alderman David Lytel to gain more detailed information
concerning their knowledge of the allegations.
During the course of this review, each person who called
on the confidential telephone line was properly interviewed. In
addition, those persons that did not call but who were identified
by Alderperson Cummings as possibly having pertinent iniformation
were contacted by me. Any current and/or logical leads developed
were also pursued. Some people were contacted several times in
order to clarify issues, identify other persons, verify dates, etc.
Several very serious allegations were raised concerning
the following:
1. Officers involved in a burglary scheme.
2 . An officer present when marjuana was sold.
3 . An officer using or being present when drugs
3
were used.
4 . Dereliction of duty. Officers drinking
alcohol, playing cards, not responding to
complaints in a timely manner, and possibly
having used some type of drug.
The instances cited above were the most serious of all
allegations.
The source of Allegation Number 1 (burglary scheme)
states these acts took place between 1977 and 1981. Both of the
officers allegedly involved are no longer members of the Ithaca
Police Department. The statute of limitations for any of these
violations has long expired.
Allegation Number 2 (an officer present when marijuana
was sold) also involved a person no longer employed by the Police
Department, and allegedly took place eight to ten years ago. Not
only is the statute of limitations expired, but all information
received was "hear-say" from second and third parties. District
Attorney Bucko confirmed that such cases could not be prosecuted
even if direct evidence were obtained at this time.
Allegation Number 3 (officer using or being present when
drugs were used) must be classified as totally unfounded. When
writer interviewed the person who claimed to have "partied" with
an Ithaca Police Department Officer in uniform, he acknowledged .
that he embellished upon a part of his life in 1984 and changed the
scenario to indicate that the incident occurred in 1988 and that
an Ithaca Police Department Officer had been present which was not
4
the case.
Allegation Number 4 (officers drinking, playing cards,
not responding to complaints, and possibly some type of drug use) .
The source of this information is very convincing in all aspects
with the exception of the possible drug use. The person who spoke
with me refused to cooperate further but was very forward and came
on very strong with the exception of being specific about drugs.
When pressed about that issue, the person became somewhat reticent
and indicated "that took place in another room" , inferring that the
person did not actually see drugs. As previously stated, these
incidents also took place over six years ago and also could not be
pursued criminally.
During the review, personal contact was made with the
respective agency head of each of the following law enforcement
agencies in Tompkins County:
Sheriff Robert Howard, Tompkins County Sheriff' s
Department
Major Wayne W. VanDeusen, New York State Police,
Sidney, New York
Lieutenant William Foley, New York State Police,
Varna, New York
Chief Robert Day, Dryden, New York
Chief David Wall, Cayuga Heights, New York
Director Lou Withiam, Ithaca College Public Safety
Director William McDaniel, Cornell University Public.
Safety
Agent Robert Holt, Federal Bureau of Investigation
Mr. Ben Bucko, Tompkins County District Attorney
Interviews indicated that each and every agency head had
no existing problems with the Ithaca Police Department, and gave
5
assurances they had confidence in the Department and no reason to
believe any of the allegations had substance.
6
RECOMMENDATIONS
In the course of my investigation, it was necessary for
me to review some investigative files, personnel files, and current
written policies and procedures of the Ithaca Police Department.
I was also instructed by Chief McEwen to review the existing
disciplinary system procedures.
The current internal management system needs to be
improved to ensure that police employees show concern and good
faith for all interests in the community.
Part of the management system must include a thorough
review of professional conduct and the investigation of prohibited
or unacceptable behavior, as outlined in departmental rules,
regulations, and instructions. This is vital to ensure that the
department' s image and reputation is good and public confidence of
the highest degree is instilled.
ALL allegations of misconduct must be promptly,
thoroughly, and appropriately investigated in an objective manner.
At the same time, confidentiality must be maintained.
Constitutional safeguards and contractual rights of those employees
being investigated should also be protected.
It is strongly recommended that written guidelines and
procedures be established outlining the following:
1. How personnel investigations, including injured
prisoners, are to be recorded, controlled, managed,
and dispositions arrived at.
7
2 . Determine which types of complaints may be handled
by immediate supervisors, commissioned officers, the
Deputy Chief, etc.
3 . How an employee is notified a review of allegations
is underway and/or completed.
4 . Types of reports to be prepared.
5. How new employees are to be trained in the rules,
regulations, instructions, policies and procedures
and certification of such notifications.
6. How employees are to be notified of any changes in
rules, regulations, instructions, policies and
procedures and certification of such notifications.
It is also essential that consideration be given to
annual reviews of such records so that the department may not only
evaluate the system but also utilize pertinent data (type of
complaints, etc. ) to determine training needs, including the
identification of employees in need of special training and/or
assistance. Personnel assigned to conduct and review such
investigations must also receive appropriate training to ensure
the reviews are conducted in a professional and fair manner within
the goals and objectives of the department's disciplinary system.
Adoption of these recommendations will not only help to
upgrade department professionalism, but also assist in limiting
possible liability during any litigation. .
As requested and as time permitted, in addition to
reviewing the previously listed allegations and the disciplinary
system procedures, a partial review of current administrative
8
practices and programs identified the need to develop specific
"short-range" as well as "long-range" goals. Outlined below are
areas which I feel are most in need of attention:
SHORT-RANGE PROGRAMS
1. Immediately update policy and procedural manuals in
a structured format. These must be kept current.
2 . Improved training for all employees, including
command and staff personnel, as well as members
assigned to investigative services. As many
resources as possible, such as the New York State
Bureau for Municipal Police, New York State Police,
John Jay College of Criminal Justice, Northwestern
University Traffic Institute, MAGLOCLEN, etc. should
be utilized for ongoing in-service type training.
Priority should be given to curriculum covering the
following topics:
a. Improving effectiveness of supervisors and
managers;
b. Drug interdiction;
c. Management of major crime investigations;
d. Interviews and statements;
e. Sensitivity training;
f. Crime scene evidence and identification.
3 . Updated and improved case management for felony crime
investigations. This should include supplemental
reports every ninety (90) days for all homicides and.
any other felony crime as determined by you (specific
robberies, rapes, assaults, etc. ) . Supervisors must
closely review these cases to ensure all logical
leads are set out, pursued, and updated in reports.
All evidence must be processed, accounted for, and
returned to the owner, destroyed, etc. , when
retention is no longer necessary.
9
4 . Additional civilian clerical assistance needs to be
provided for administrative and investigative
services.
5. Complete redesign and updating of department
personnel files, including summary sheets and
personal history sheets.
6. Computerization of leave records, equipment
accountability, and payroll records.
7 . Implementation of additional specified
responsibilities, commensurate authority for
supervisory and Command Personnel . The tenets of
good police administration dictate that the Sergeants
and Captains be made part of an effective management
system and be held accountable. Like the Chief, they
must have the authority necessary. I would also
recommend that consideration be given to instituting
the position of Lieutenant within the Ithaca Police
Department. This should be in addition to the
present Captain and Sergeant positions.
LONG-RANGE GOALS
1. Development of an employee performance evaluation
system to provide a proper appraisal of the
effectiveness and work performance of all employees.
This will help to instruct and guide officers in
their development and performance as members of the
department. Such a system should be designed to
allow officers to be cognizant of their performance
as related department objectives and to be compared
to his/her peers. This would not only acknowledge
employees whose performance help the department to
achieve its objectives, but also helps to identify
areas of deficiencies and allows for remedial
training as necessary. This again helps to limit
liability in possible court actions.
2 . Institution of an in-house Inspection or Audit
Program to ensure compliance with administrative, .
guidelines, policy, procedures, and reviews of the
overall work product of various sections, details,
and individual officers. Part of this review should
include an evaluation of the service provided to the
citizens and/or complaints so that the quality of
service can be gauged.
10
SUMMARY
As previously outlined, every effort was made to give
people an opportunity to come forward with any information they
might have regarding criminal conduct or serious professional
misconduct. The most serious allegations that were the subject of
review extended well beyond the statute of limitations as concerns
criminal and/or administrative action, and basically involved
people no longer employed by the Police Department. One person
who claimed to have knowledge of misconduct, which also took place
at least six years ago, refused to cooperate in spite of numerous
efforts to further develop information initially given to
Alderperson Cummings.
Although the law enforcement profession is often the
subject of intense pressures and conflicting demands, the police
must never act in a manner where they abuse or are perceived to
have abused their authority and responsibility. It may very well
be that the past rumors and news articles concerning allegations
of impropriety only served to exacerbate the situation, but this
must serve as a warning and only proves the necessity for sound
management practices and a strong, but fair, internal discipline
system. It is also imperative that those responsible for helping
to manage city resources utilize only appropriate and established
channels to ensure that police services are congruent with
11
w.
community interests and in compliance with the laws and established
policy. To go outside those channels is less than responsible.
Conversely, those responsible for management of the police
department must ensure they are open and responsible communicators
with the city management system.
There are many dedicated and highly-motivated employees
in the Ithaca Police Department. However, in order to provide
professional law enforcement service in a pluralistic society, the
Chief of Police must be a strong and innovative manager who will
'develop an internal management system that can respond to citizen
needs, and at the same time be sensitive to those affected by
changes. It will take this type of leadership, in conjunction with
the cooperation and support of the Mayor, the Common Council and
the employees to properly effect the delivery of police services
and lead the Ithaca Police Department into the twenty-first
century.
12