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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