--------------------------------------------------------------------------------------------------------------------------------------- Mankind censure injustice fearing that they may be the victim of it, and not because they shrink from committing it. -Plato --------------------------------------------------------------------------------------------------------------------------------------- Dr. Frank Kardasz Using case studies of real or theoretical misconduct incidents is a teaching method often employed in law enforcement training. The case study method can be applied in several ways. Introspective self-initiated learning by individual students, each reading and thinking through the cases, is one method of using case studies. Another method is to use case studies in a collaborative group-learning environment, permitting students to work together to solve problems. Some excellent case study tools have been developed and implemented by various ethics instructors including Hinman (1), and Goree (2). In Law Enforcement Ethics: Using Officers' Dilemmas as a Teaching Tool, Pollock and Becker conclude: An ethical philosophy is shaped by the way an officer deals with the confusion, ambiguity, and compromise that occurs in the course of duty. The recognition of these common dilemmas, the acknowledgment of various ethical systems, and the resolution of these dilemmas by using a personal ethical philosophical framework should provide a working foundation to mediate all dilemmas, large and small.(3) Howard Lebowitz and Robert Lunney, along with the Police Executive Research Forum and the Los Angeles Police Department, developed a manual for teaching through the case study method. The manual was developed via a grant from the U.S. Department of Justice, Office of Community Oriented Policing Services. The manual is titled: Policing in a Democracy: Case Book, a Guide for the Development and Use of the Case Study Method of Instruction. (4) Based on the learning theories of Benjamin Bloom, the guidebook provides an excellent framework describing the varying ways in which the case study method can be used.
References (1) Ethics Forum, Ethics Case Studies, Retrieved April 29, 2003 from http://ethics.sandiego. edu/resources/cases/HomeOverview.asp (2) Goree, K. (2001). Ethics, it's Just Good Business. The Southwestern Swep.com Balance Sheet, ThompsonLearning, Retrieved April 29, 2003 from http://www.swep.com/swepstuff/balancesheet/ (3) Pollock, J. M., & Becker, R.F. (1995, Spring). Law enforcement ethics: Using officers' dilemmas as a teaching tool. Journal of Criminal Justice Education, Vol. 5 (1), 20. Retrieved April 29, 2003 from http://www.fbi. gov/publications/leb/1996/nov964.txt (4) Lebowitz, H. & Lunney, R. (2001, June). Policing in a democracy, Case book, A guide for the development and use of the case study method of instruction. Los Angeles Police Department Training Division, Police Executive Research Forum. Grant 3970CX006, U.S. Dept. of Justice, Office of Community Oriented Policing Services. --------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- Arizona POST The Arizona Police Officers Standards and Training Board publishes case studies of actual ethic violations involving officers whose law enforcement certification was revoked or suspended due to misconduct. The case studies are available on-line in the AZ Post Integrity Bulletin. (1) Each bulletin provides descriptions violations and the Board's decisions without revealing the names of the violators or the Arizona law enforcement agencies involved. This interesting variation of the case study training method provides anyone with Internet access the ability to examine actual incidents of misconduct and the resulting discipline. The web site also permits those interested in receiving the bulletins via e-mail to be added to their mailing list. Reference (1) Arizona Peace Officer's Standards and Training Board. AZ Post Integrity Bulletin. Retrieved May 18, 2003 from http://www.azpost.state.az.us/integrity_bulletin/integrity_index.htm ---------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Criticisms of the Case Study Method as a Teaching Tool The case study method is also sometimes referred to as quandary ethics. According to Mitchell and Scott, authors of "America's Problems and Needed Reforms," quandary ethics concern tangible and concrete moral dilemmas. Business schools, they state, often teach ethical and moral issues as problems to be solved. They believe that when organizational rules are applied in solving quandary problems they are seldom sufficient, because they do little to enhance moral character. The solution, according to Mitchell and Scott, is to go beyond quandary ethics by educating through moral discourse. (1) They further state: While ethics courses may have a place in the business school curriculum, they have to be more than a mere appendage to a student's program. The function of ethics courses should be to instill an open, moral, loving humane, and broadly informed mentality, so that students may come to see life's trials and business's ethical challenges as occasions to live through with integrity and courage. Ethics courses must attempt to heighten moral character. (2) Regarding the case study as a teaching tool, Susan Harrington states; " One or two case studies cannot possibly cover the variety of issues to which the employee may be exposed. Furthermore, new technology often creates new ethical dilemmas and the employee may have inadequate background upon which to respond." Harrington also says, "The greatest criticism of the case study approach is that it fails to provide improved decision-making or problem solving. Employees are still on their own in reasoning through alternatives." (3) Another criticism of the case study method is based on the classroom environment where case studies are taught, versus real life where case studies are realized. Critics state that because the case study method is conducted in the "sterile" classroom environment, the resulting decisions may differ from those made in the field by practitioners confronted by added stressors including peer group pressure.
References (1) Mitchell, T.R., & Scott, W.G. (1990). America?s Problems and Needed Reforms: Confronting the Ethic of Personal Advantage. Academy of Management Executive 4, no. 3, 28-29. (2) ibid. (3) Harrington, S.J. (1991, February). What Corporate America is Teaching About Ethics. Academy of Management Executive, Vol. 5. (1), 21-31. -------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- The following stories pertaining to alleged law enforcement misconduct, are meant to inform the reader and to stimulate discussion and thought regarding the difficult dilemmas which officers find themselves in every day. Story about allegations that the promotions of Tennessee State Troopers were tied to their political campaign contributions. Troopers with 'politics' win out on promotions By Brad Schrade, November 11, 2005 Tennesseen - Two-thirds of Tennessee Highway Patrol officers tapped for promotion under Gov. Phil Bredesen gave money to his campaign or had family or political patrons who did, a Tennessean investigation has found. Among those with such connections, more than half were promoted over troopers who scored better on impartial exams or rankings, according to an analysis by the newspaper of three years of the patrol's promotions and proposed promotions. The situation is not unique to Bredesen, insiders say, but has been a signature of the patrol for much of its 76- year history: outside politics, campaign contributions and a culture of favors for the powerful are a tradition and expectation — despite state civil-service rules designed to shield the patrol from political influence. While Bredesen has recently said he wants to change that culture in the THP, there is little evidence that he has done so in the first three years of his administration. In the THP, the rank-and-file refer to a trooper's connections as "his politics." "You don't get promoted without it," said longtime THP officer R.L. Dowdy of East Tennessee, who retired in 2003 after failing in a bid for higher rank. "It shouldn't be that way." Safety Commissioner Fred Phillips denied interview requests on this story for more than a month, but granted one on Thursday. He said he was unaware of any connection between promotions and donations to Bredesen. "Anyone I've promoted, I've never looked at a contributor list and never had the personal knowledge that they made a contribution," Phillips said. "A lot of these people I don't even know the face or name. Recommendations come to me from the ranking career officials throughout the Highway Patrol." Both Phillips and Col. Lynn Pitts, the patrol's top uniformed officer, sign off on promotions. Both are Bredesen appointees who gave or whose family members gave more than $2,000 to his campaign; Phillips also headed Bredesen's 2002 campaign in Washington County. The newspaper's analysis of three years of promotions, including 126 cases in which THP officers were either promoted or proposed for promotion since Bredesen took office in 2003, found: Sixty-two of the promoted officers — 49% — contributed or had close family members who contributed to the governor's campaign before they were promoted. • Thirty-six officers who gave campaign money or whose family members gave to Bredesen advanced even though their promotion test scores or ratings were lower than those of other applicants. Among that group were Pitts' two sons, who are also state troopers. • The patrol's promotion process is complemented by its "recommendation" system, in which candidates seek the blessing of political patrons and donors. Twenty-five officers who were promoted or proposed for promotion did not give to Bredesen, but had references who did. Of those officers, 13 were promoted over troopers who outscored them. In promoting officers with lower promotion scores who have political connections, the agency sometimes uses a looser set of standards designed for outside hires. After being told of The Tennessean's findings, the state Personnel Department said it would review whether that "loophole" should be closed to keep the system from being "manipulated." "To the extent the internal workings of a police department is not basing its promotions on merit and the quality of the officers, and instead on whose back is being scratched, it raises questions about the integrity of the entire organization," said Stefanie Lindquist, a Vanderbilt political science and law professor. "It's hard to believe that an institution who doesn't treat its employees in an even-handed fashion would treat those outside the organization any better." 'It's always been there' With their khaki-and-green outfits and distinctive flat-brimmed hats, the nearly 1,000 uniformed officers of the Tennessee Highway Patrol enforce the state's traffic laws on 87,000 miles of roads in 95 counties. Patterned after the legendary Texas Rangers, the THP's officers investigated 31,000 wrecks, made nearly 2,000 felony arrests and dealt with 195,000 moving violations and drunken drivers in 2003-04. But the agency, which the state budget allots about $72 million a year, has a habit of making supervisors out of troopers who donated to the governor's campaign, according to the newspaper's review. Take Don Nicholson, 49, of White House. He had the lowest score of the 15 sergeants on the THP's Nashville district promotions roster for lieutenant in 2001. He scored an 81; the next-lowest score was a 90. But he was promoted to lieutenant in 2003, not long after Bredesen took office. He and his family had given $350 to Bredesen's 2002 race, according to campaign-finance records. Five other sergeants who outscored Nicholson in his testing group were not promoted, state records show. Nicholson, who declined to comment for this story, gave an additional $200 to Bredesen in 2003 and $100 in 2004, campaign records show. He was scheduled for another promotion this past August, this time to captain. That advancement was put on hold, along with the rest of the THP's pending promotions, after The Tennessean raised questions about the process. Breseden has gleaned more than $30,000 from 62 officers who were promoted or tapped for promotion or their families in the past three years, records show. Troopers and former troopers from across the state told the newspaper they feel pressured to contribute money to campaigns — and to encourage people they know to give — or risk losing out on promotions. "It's very political," said Bill Campbell, a West Tennessean who recently retired from the patrol as a lieutenant. "Every governor I know since I've been there has said they're going to take politics out of the Highway Patrol. It ain't going to happen. It's always been there." Indeed, allegations that patrol officers were pressured for contributions came up in the 1952 governor's race. The victor that year, Frank Clement, wrote to each THP officer during the campaign, promising not to pressure the patrolmen for donations: "This practice is a disgraceful one which violates the dignity of your profession in addition to placing an unfair strain on your pocket." However, Gov. Clement's own campaign for U.S. Senate was accused by THP officers in a 1966 Tennessean story of ordering a "shakedown," in which troopers were told to bring 10% of one month's take-home pay to the campaign treasurer at the Hermitage Hotel downtown. Decades later, highway patrolmen are still opening their wallets, campaign finance records show. Some THP officers and their spouses gave $50 or $100 to Bredesen, the newspaper found. Others gave thousands, like Trooper Robert E. Carter II, who with his family gave Bredesen $5,000 and was promoted to sergeant last year — despite an 88 score that put him in the bottom half of his testing group, according to state records. Carter declined to comment. Campaign contributions can be significant for troopers. The Carter family's $5,000 contribution equals 16% of a state trooper's starting annual pay of about $30,500. Starting pay for a sergeant is roughly $37,000, and for a lieutenant, $42,500. Approached in August, Bredesen said he succeeded in removing politics from the promotions of the Nashville Police Department when he was mayor. He said he wants the Highway Patrol headed in that direction, too. "We need to professionalize the department," Bredesen said. "We need especially to treat young people in the department in a way that they think the way they get ahead is to do a good job as opposed to making friendships. And I'm headed in that direction." Contacted for comment on the specifics of this story, Bredesen spokeswoman Lydia Lenker last week said the governor was busy and therefore unavailable. The top echelons of the THP's leadership are political appointees like Phillips and Pitts, many of them giving thousands of dollars to Bredesen's campaign, a setup no different from many other state agencies. However, THP officers below the rank of captain — its troopers, sergeants and lieutenants — are supposed to be covered by the state's civil service rules, which are intended to remove politics from state personnel decisions. At the THP's neighbor to the north, state law bans officers of the Kentucky State Police from "giving, soliciting or receiving" contributions to political candidates. "It erases any question of favoritism based on political affiliation," said Maj. Lisa Rudzinski, spokeswoman for the Kentucky State Police. "Their oath of office is to the true letter of the law, not to anyone or any political party." In Tennessee, political contributions were among the issues raised in a lawsuit filed by a former East Tennessee trooper, Lt. Bryan Farmer, who said he was retaliated against, demoted and eventually fired after supporting Republican Van Hilleary over Bredesen in 2002. The trooper's boss, Capt. Charles Laxton, and his family gave $3,700 to Bredesen during the 2002 race, records show. Laxton declined to speak in detail for this story, citing pending lawsuits, but said he "categorically denies" the accusations and looks forward to telling his side of the story in court. But in a recorded conversation that has been transcribed and entered as evidence in the case, Laxton said campaign work is "the way I got where I'm at." "If you want to get paid off, you know," Laxton was recorded as saying, "… you might be on the winning side, is all I heard." Tracking patronage In a high-tech world, computer spreadsheets are increasingly relied on by police officers tracking, sorting and analyzing everything from traffic accidents to shootings. The Tennessee Highway Patrol also has a spreadsheet that keeps track of political patrons of THP officers and job candidates. Congressmen, state legislators, Bredesen administration officials, political donors, rural Democratic Party leaders — their names are legion in the spreadsheet of those who put in a good word for a trooper in recent years. It doesn't specify which ones gave to the governor's campaign, but that information is obtainable by the public from other sources. The promotion applications troopers fill out also have spaces to list references, and many do. Of the 126 THP promotions and proposed promotions the newspaper reviewed, state records show 13 officers did not donate to Bredesen but had references from donors and were promoted or slated for promotion over at least one other trooper who outscored them. Sgt. Tony Barham is one of them. Sgt. Barham's test score of 94 was the fifth-best score in his group of sergeants from the Jackson district. Yet he was one of two in that group slated to be promoted to lieutenant this past August, before the promotions were scrapped. Barham said he didn't make any contributions to Bredesen, and the newspaper found no record that he or his family gave. But his references did. One is lobbyist Johnny Hayes, Bredesen's fundraising chairman, who has given Bredesen $10,000 since 2001. The other is Clark Jones, a Weststate car dealer and major Democratic fundraiser who has given $5,500. Both men contacted THP headquarters on Barham's behalf, according to agency records. The day before the THP was to announce the new slate of promotions this past August, Barham was one of two troopers who drove the governor to a Hardin County fundraiser. In an interview, Barham said he didn't know that Hayes or Jones had recommended him (even though his application for promotion shows that he listed Jones as a reference). He said he's been friends with both Hayes and Jones for years. Barham also said that just because somebody scores higher on a promotion test doesn't mean they're the best candidate. "I'm happy to get recommended by whoever," the 17-year THP veteran said. "I hope I can say I got promoted based on me." Of nearly 600 people whose names appear in the spreadsheet as having recommended a trooper for promotion, just under two-thirds were law-enforcement employees, judges, lawyers, or court officials. Most of the rest of the people making recommendations were politically connected fundraisers, lawmakers or local politicians. In the Thursday interview, Commissioner Phillips said he "pays a lot of attention" to recommendations when hiring, but downplayed their importance in promotions. "When I look at people that make recommendations for promotion, everything is taken into consideration, but the bottom line is the capabilities of the individual that's a candidate for the position," Phillips said. Two convicted felons also played a role in helping get officers promoted, records show. One is Harold Grooms, 57, an auto dealer from rural Cocke County who has personally given Bredesen $10,000 since August 2001 and held an August 2004 fundraiser at his home attended by the governor, according to campaign records and the governor's office. Grooms met with the governor in May of this year at the Capitol. Grooms was among a series of politicos and others who successfully recommended Trooper Dennis Jenkins for promotion to sergeant, according to THP records. The promotion went through in May 2004, five months after Grooms' recommendation letter to Commissioner Phillips. Grooms was convicted in 1992 in a case involving car theft and a chop shop for stolen cars, and he was sentenced to four years behind bars, according to court records and District Attorney General Al Schmutzer Jr. A Democrat, Grooms said he was "real good friends" with Jenkins' late father, and that when the son approached him for help, he did what he would for anyone. "I've paid my debt," Grooms said. "If I can help anyone, I will, as long as there's nothing wrong with it. Mr. Jenkins was number one on the list and he was the best-qualified person for the job. I didn't see no reason not to write a letter of recommendation. He'd been on the top of the list and passed over several times under the previous administration through, probably, politics, I don't know. He deserved the promotion." Jenkins declined to comment for this story. The other convicted felon is Gladys Crain, 81, of Halls, Tenn., who headed Bredesen's 2002 campaign in Lauderdale County. She and her family were references for two Weststate sergeants who were proposed for promotion in August. Their promotions came after they testified on behalf of her grandson, who had been charged with drunken driving. Their testimony contradicted the arresting officer, even though they had no involvement in the case. THP's entire slate of promotions was called off in August for an internal review after The Tennessean wrote about the Lauderdale case. The review is "almost complete," Phillips said Thursday. Campbell says he was disgusted by the two sergeants' testimony against another trooper. He said he's had enough of politics in the THP and retired this summer after three decades. "When it starts interfering with the daily operations of the enforcement of the laws of the state," Campbell said, "that is wrong." From The Tenneseaan.com Web Site. Retrieved November 18, 2005 from http://tennessean.com/apps/pbcs.dll/article? AID=/20051113/NEWS0201/511130390/1001/NEWS --------------------------------------------------------------------------------------------------------------------------------- Bernard Kerik's alleged acceptance of work from contractors at reduced fees brings scrutiny. Builder's Lawyer Says Kerik Had to Know Cost By William K. Rashbaum, November 17, 2005 New York - A day after New Jersey officials said that Bernard B. Kerik had tried to help a mob-connected company while it paid for renovations to his apartment, a lawyer for the builder who did the work said Mr. Kerik should have known the labor and materials he received were worth tens of thousands of dollars more than he paid. The renovated apartment in the Riverdale section of the Bronx has been described in published reports as "a gem," with marble baths, a large rotunda entry and a renovated kitchen with a granite countertop and new appliances. The lawyer for the builder, Woods Restoration Services, said Mr. Kerik had no reason to believe that the extensive renovations done to the apartment in 1999 and 2000 could possibly have been covered by payments totaling $17,800, which is what New Jersey authorities said Mr. Kerik paid to Woods. "For him not to be aware, he'd have to be more than the world's biggest fool," said the lawyer, Kyle B. Watters. A lawyer for Mr. Kerik, who served as correction commissioner and police commissioner under Mayor Rudolph W. Guliani, has asserted that his client was unaware that anyone else had paid for the work. The city's Department of Investigation and the Bronx district attorney's office have been conducting investigations into the matter. Those inquiries were back in the spotlight after court papers containing the accusations were filed on Tuesday by the New Jersey Division of Gaming Enforcement. In the court papers, the gambling agency accused Mr. Kerik of accepting nearly $200,000 in work from Interstate Industrial Corporation. The agency has long contended that Interstate has ties to organized crime, an accusation the company has also long denied. Interstate also hired Mr. Kerik's brother, Donald, at a time when Mr. Kerik, then the correction commissioner, was helping the company get a license to do business in New York City, the court papers said. The accusations were the latest setback for Mr. Kerik, who was nominated late last year to serve as President Bush's homeland security secretary but then dropped out, citing possible tax problems involving his family's nanny. The court papers, filed as part of the gambling agency's ongoing effort to revoke Interstate's license to work on casinos in New Jersey, accused Mr. Kerik of accepting the renovations in exchange for helping the company with an unrelated license with the city. The filing renewed questions about the propriety of affixing Mr. Kerik's name to a New York City jail. Mayor Michael R. Bloomberg, in response to a reporter's question yesterday, said it was too soon to determine whether the jail should be renamed, because Mr. Kerik has been neither charged nor convicted. The mayor also said the city's Department of Investigation and the office of the Bronx district attorney, Robert T. Johnson, "both are very capable of conducting full, open investigations, and we'll see where they come out on the charges." Mr. Kerik, who is working as a security consultant for the government of Jordan, has not been available for comment since the papers were filed in Trenton. His lawyer, Joseph Tacopina, said Mr. Kerik paid about $30,000 for the work and knew nothing about anyone else paying additional money to Woods Restoration Services; Mr. Tacopina questioned the agency's figure for the renovations. Mr. Tacopina also dismissed statements by Mr. Watters, the lawyer for Woods Restoration, saying Mr. Kerik paid the invoices that were sent to him. He said Mr. Kerik did nothing to try to influence city regulators to grant Interstate a license and suggested that the allegations against his client were overblown. Mr. Watters said Woods Restoration, which had a longstanding business relationship with Interstate, had nothing to hide and did nothing wrong. Mr. Kerik bought the apartment, at 679 West 239th Street, in 1999 for $170,000 and sold it in 2002 for $460,000, an increase in value that Mr. Tacopina said was consistent with real estate prices in the area. The owners of Interstate, the brothers Frank and Peter DiTommaso, have denied that their company paid for the renovations. They still do not have a license to do business in New York City, and the city agency that the New Jersey authorities contend Mr. Kerik sought to influence recommended nearly two years ago that they not get one. Even so, they continue to operate a Staten Island trash transfer station under a temporary permit. The permit, granted by the city's Department of Sanitation, has been reissued every 180 days since the city agency, the Business Integrity Commission, concluded that the company's mob ties should preclude it from winning a city license. A Sanitation Department spokesman, Vito A. Turso, said only that "a decision by the Department of Sanitation on this issue will be made shortly." He could not explain why his department had failed to move against the company, nor could he say whether it was common for the department to act so slowly on the Integrity Commission's recommendations. Interstate won a license to work on New Jersey casinos in July 2004, despite the gambling agency's accusations that it employed mobsters and mob trucking companies and that the DiTommasos had relationships with more than a dozen mob figures and mob-connected companies. Frank DiTommaso has adamantly denied that Interstate has any connection to organized crime, and the company's lawyer, Thomas E. Durkin Jr., said an examination of the evidence would clearly show that. Over a period of years, according to the court papers, Mr. Kerik and Mr. DiTommaso developed a social relationship. Mr. Kerik invited Mr. DiTommaso to his Christmas party, and Mr. DiTommaso hired Mr. Kerik's brother and a close friend, Lawrence Ray, who served as best man at Mr. Kerik's 1998 wedding. In return, the papers allege, Mr. Kerik did what he could to help the company, including meeting with the chief trade waste regulator for the city, Raymond V. Casey, from whom Interstate was seeking a license, and making his Correction Department office available for Mr. Ray to meet with Mr. Casey's investigators. Mr. Kerik also provided advice concerning Interstate's pending regulatory investigations and Mr. Ray and Mr. DiTommaso faxed their license application to Mr. Kerik's office, the court papers said. Mr. Casey has said in the past that he did not feel Mr. Kerik sought to improperly influence him. Jim Rutenberg contributed reporting for this article. Retrieved November 18, 2005 from http://www.nytimes.com/2005/11/17/nyregion/17kerik.html ---------------------------------------------------------------------------------------------------------------------------------- Graft is apparently so ingrained in some Malaysian police that a new anti-corruption campaign requires officers to wear a button on their uniforms denouncing corruption. Anti graft campaign to be permanent feature in police force By Lourdes Charles, 1/18/05 Kuala Lumpur - Malaysia Policemen must now wear button badges with the words Saya anti-rasuah (I'm against graft) inscribed on them or face the wrath of the top brass. This is part of a campaign to wipe out corruption in the police force. Deputy Inspector-General of Police Datuk Seri Musa Hassan said disciplinary action would be taken against any police personnel who failed to pin the button badge above his or her nametag. “All police contingents have been issued with the button badges, as well as car stickers with words Lapor Jika Ada Rasuah (Report if there is corruption) for Mobile Patrol Vehicles. “With the badges and stickers prominently visible, we hope the public will not be party to corrupt practices,” he said. He said all state and district police contingents were also provided with four types of banners – Polis Bermaruah Tanpa Rasuah (Honourable police above corruption), Jangan Memberi Dan Menerima Rasuah (Don’t give and take bribes), Rasuah Polis? Anda Akan Didakwa (Bribe the police? You will be prosecuted) and Rasuah Membawa Padah (Corruption does not pay). Musa, who was wearing the button badge, said about 50,000 badges and stickers had been distributed to all the contingents so far. He said all state police chiefs and Officers in Charge of Police Districts must make sure that they and their men pin the badges on their uniforms. He said the anti-corruption campaign would be a permanent feature in the police force, and advised all personnel to serve with integrity. “We are here to serve and protect the public, especially the victims, and we must do it with sincerity. We must not give in to greed. “The public can and should remind policemen that corruption is an offence and that they (the public) do not condone bribery. “If anyone has any information that our men are on the take or have demanded kickbacks to prevent action from being taken, they can write to me or contact me, and provide details of the alleged offence as well as the names of the policemen,” he added. The deputy IGP also warned the public against attempting to bribe his men. He said police were aware of such cases and would not hesitate to haul the culprits to court. Those with information on corruption can contact the police at 03-2262 6555, 03-2262 7555 or 03-2031 9999. From The Star Publications Web Site Retrieved November 18, 2005 from http://thestar.com.my/news/story.asp? file=/2005/11/10/nation/12550043&sec=nation -------------------------------------------------------------------------------------------------- A story of alleged corruption in Chicago. North Chicago takes a hit, Ex-officials indicted in corruption case By Courtney Flynn, Tribune staff reporter. Chicago Tribune staff reporter Susan Kuczka and freelance reporter. Barbara Bell contributed to this report. Published May 26, 2005. Illinois- After a two-year investigation into alleged public corruption in North Chicago, four former officials and three others were indicted Wednesday on charges that ranged from using city credit cards to buy personal items to fraudulently receiving public aid, prosecutors said. Among those indicted by a Lake County grand jury are former Ald. Chandler Walker, recently fired Building Commissioner Balel Xzavian, former North Chicago Library Board Vice President Calvin Warren and Police Officer Harold Lawrence. Warren's wife, Barbara Anderson, and his stepson, Glenn Bullocks, also were indicted, along with Lawrence's wife, Elvira Courts, officials said. "I can't really say how widespread it is. ... Our investigation is continuing," Assistant State's Atty. George Strickland said. "I think that this investigation will assist in identifying the problems, and once they are addressed publicly, then I think solutions can [come about]." Lake County prosecutors began investigating corruption in North Chicago in 2003 after allegations of wrongdoing were brought to the state's attorney's office, Strickland said. Walker, who could not be reached for comment, was charged with 25 felony counts of official misconduct for allegedly using a city credit card for personal use, including paying for travel expenses to cover hotel bills and car rentals. He also spent city money on his personal clothing business, authorities alleged. If convicted, he could get up to 5 years in prison. Xzavian is charged with seven felony counts of official misconduct for illegally using the city's Home Depot charge card to buy personal items such as a barbecue grill, a chain saw and ceiling fans, Strickland said. He was dismissed from his job shortly after Mayor Leon Rockingham took office this month. Xzavian also was charged with three misdemeanor counts of possession of two handguns and ammunition without a valid state firearm owner's identification card, Strickland said. A warrant was issued Wednesday for Xzavian on those charges, he said. If convicted, Xzavian could get up to 5 years in prison on the official misconduct charges and up to 1 year on the charges of illegal firearms possession. When reached at his North Chicago home, Xzavian said that besides losing his job, his landlord is forcing him to move. "I wish they would leave me and the family alone," Xzavian said. "After we go to court, I don't think anything's going to happen." Strickland praised Rockingham for implementing new policies on city credit-card use and said the state's attorney's office is working with the mayor to make sure procedures are followed and the city's ethics code is "enforced vigorously." But Rockingham was disappointed with officials possibly committing crimes. "I am saddened to learn that ... a former alderman, two former city employees and a North Chicago police officer" were indicted, the mayor said in a statement. Warren, who ran an unsuccessful race for alderman last month, was charged in two alleged schemes--one involving his wife and another his stepson. Warren and Anderson, who worked at the library as a part-time reference librarian, are charged with one count of state benefits fraud and two counts of theft of more than $10,000 for allegedly misstating their marital status and household income to receive public housing payments of about $30,000. The state benefits fraud charges could carry a punishment of up to 5 years in prison, the theft charges up to 7 years. The couple have been removed from the city payroll, Rockingham said. Warren and Bullocks were charged with bid-rigging in a $23,000 contract for carpet installation at the library. The contract was not competitively bid, as required by law, Strickland said. After Bullocks' company received the contract, Bullocks gave Warren a $2,300 loan that was not repaid, Strickland said. The competitive bid and false application charges could carry a punishment of up to 5 years in prison. Warren also is charged with violating the state Open Meetings Act, a misdemeanor that could carry a penalty of up to 30 days in jail. When reached at his home, Warren denied any wrongdoing. Doug Grimes, an attorney for Bullocks, said he expects his client to be released on a signature bond after he surrenders June 9. "He has no criminal history, and I expect that he'll be acquitted of any charges if this case goes to trial," Grimes said. An attorney for Anderson could not be reached for comment. Lawrence and Courts are accused of illegally obtaining public aid and public housing assistance totaling about $30,000 by misstating their marital status and household income and forging notes to the Illinois Department of Public Aid. The state benefits fraud and forgery charges could carry a punishment of up to 5 years in prison. The Public Aid recipient fraud charges could carry a penalty of up to 15 years in prison. Lawrence has been removed from active duty as a police officer, Rockingham said. An attorney for Lawrence could not be reached for comment. Warren and Xzavian are expected to surrender to authorities this week, Strickland said. The others who were indicted will surrender over the next two weeks, he said. Retrieved May 27, 2005 from http://www.chicagotribune.com/news/local/north/chi-0505260258may26, 1,613885.story?page=2&coll=chi-newslocalnorth-hed ------------------------------------------------------------------------- Prison Officer Fired for KKK Membership Sues Little Rock, Arkansas, May 24, 2005 12:09 PM EST, URL: http://www.katv.com/news/stories//230747.html Arkansas- Little Rock - A former prison official who was fired for belonging to the Ku Klux Klan has filed a lawsuit in Pulaski County Circuit Court claiming his civil rights were violated.Willis Frazier was fired as correctional officer at the East Arkansas Regional Unit in Lee County in August 2004, two months after he was hired. Warden Greg Harmon wrote a termination letter saying Frazier was fired because he was a member of the International Keystone Knights of the Ku Klux Klan.The Department discovered Frazier's membership in the KKK from an October 2003 newspaper story about a Klan demonstration in Cabot. Frazier was pictured in Klan regalia and identified himself as Arkansas Grand Dragon of Keystone Knights. Frazier's lawsuit said his firing violated his right to free speech, free association and religious liberty under the U.S. and state constitutions. He has asked for compensatory pay and his old job back at his previous seniority level. Prison regulations forbid any employee from belonging to a white supremacy group, street gangs or prison gangs. Tyler said at least three prison officials have been fired over the last decade for belonging to mostly black gangs, like the Los Angeles-based Crips. ------------------------------------------------------------------------------- Former detective prepares for trial Florida - As jury selection gets underway in the first trial for a Broward Sheriff's detective charged with falsifying crime reports, a judge ruled that some testimony may be excluded. By Wanda J. DeMarzo , firstname.lastname@example.org Deputies who claim they were coerced by supervisors into falsifying crime reports won't be able to use that as a defense in their upcoming misconduct trials without a specific ruling from a judge. Broward Circuit Judge Michael Gates' recently ruled that Christian Zapata, a former Broward Sheriff's Office detective in Weston who is accused of wrongly clearing cases, can't present any evidence, testimony or documents that could show he did so at the behest of supervisors. Jury selection gets underway today for Zapata's trial, two years after the State Attorney's Office began investigating allegations that deputies cooked up phony numbers on crime reports. With only three deputies charged since the onset of the investigation, the outcome of Zapata's trial could have a big impact on whether other BSO investigators will be charged in the coming months. ''It could definitely be a show stopper if he [Zapata] is found not guilty,'' said Peter Scharf, director of the Center for Society, Law and Justice, at the University of New Orleans. A former BSO detective in Oakland Park, Joe Isabella, pleaded guilty April 12 to falsifying a police report. Isabella told BSO investigators he wrongfully cleared cases because of pressure from supervisors and colleagues. Isabella intended to use a coercion defense if his case had gone to trial. BSO fired Isabella in April. Zapata and former Weston detective Chris Thieman, also arrested in December on multiple counts of official misconduct, were placed on paid administrative leave pending the outcome of their trials. A former detective, Scott Jordan, has told prosecutors that supervisors pressured him into. Prosecutors also took a statement from the director of the nonprofit National Institute of Ethics, who conducted integrity classes at BSO in 2000, 2001 and 2003. Neil Trautman, in a Jan. 28 sworn statement given to Broward prosecutors, condemned crime accountability systems such as BSO's Powertrac, in part because they inevitably push top brass to pressure underlings to improve their crime rates by any means.''If the prosecution isn't letting [deputies] talk about the climate of coercion within the agency, maybe they're just going after the foot soldiers and not the generals,'' Scharf said. `It's difficult at this time to say just how high they want to go.'' Zapata, an eight-year veteran, is charged with making up confessions and pinning crimes on people who were in jail or school at the time the burglary or theft occurred.For example:• Records show Zapata blamed one teen for nearly 30 Weston-area crimes, including one where he said the then 14-year-old hauled away 27 trees weighing more than six tons from a vacant lot.• Zapata arrested a 15-year-old and cleared nearly a dozen crimes by saying the teen committed them, although attendance records show the youth was at Falcon Cove Middle School at the time some of the crimes were committed.• Zapata blamed numerous burglaries on a 21-year-old, including the theft of an amplifier from the trunk of a car in the Weston Hills subdivision, that took place 16 hours after he was in custody. The trial is expected to last up to four weeks with prosecutors calling more than 100 witnesses. ------------------------------------------------------------------------ The following media report raises a question about the increased standards of conduct required of police officers. To what extent can we "forgive and forget" police misconduct? Can a formerly drug-addicted officer be rehabilitated and returned to full active duty? Addict cop back? Police tribunal slams force for overturning reinstatement April 19, 2005, By Alan Cairns, Toronto Sun Toronto, Canada - A cocaine-addicted drug cop who was ordered fired last year when a Toronto Police trials judge overruled a "last chance" plea bargain to save his job might get to keep his badge after all. Toronto Police tribunal head Supt. Tony Warr ordered the firing of former undercover cop Rob Kelly in November, rejecting a plea deal between Kelly and Toronto police that would have allowed him to stay on the police service. Kelly appealed that decision to the Ontario Civilian Commission on Policing Services.Peter Doucet, one of three OCCOPS panelists who yesterday heard Kelly's appeal of Warr's ruling, openly slammed Toronto Police for changing their minds and supporting Warr's ruling. The deal, crafted by police legal branch head Staff Insp. George Cowley and Kelly's lawyer Peter Brauti, would have kept Kelly's job in return for his demotion and random drug and psychiatric tests. 16-YEAR VETERAN In order to get the Cowley-Brauti deal, Kelly, a well-liked 16-year veteran with a stellar record, pleaded guilty to two internal charges of discreditable conduct, admitting that he gave an informant 3.15 grams of cocaine and used a police cellphone to get more drugs. Kelly had earlier pleaded guilty in a Brampton court to two Criminal Code charges of possession of cocaine. He received a suspended sentence, two years of probation and must perform 200 hours of community service.At Kelly's internal police tribunal hearing, Warr took the rare step of rejecting the joint submission, saying the public expects a "higher level of behaviour" from police officers. Warr, and earlier criminal trial judge Ian Cowan, heard defence evidence that Kelly was remorseful, drug free and ready to work as a cop again after undergoing intense addiction treatment and 400 hours of therapy. Deal Slammed Despite that, it was revealed by the Toronto Sun and other media that a senior Mountie, who headed a massive drug squad corruption probe, slammed the deal as being "of questionable moral quality." The missive, written by then-Staff-Supt. John Neily, had no bearing on Warr's decision, senior Toronto Police brass say. The OCCOPS panel, Doucet, Hyacinthe Miller and chairman Murray Chirta, heard yesterday from one of two Kelly appeal lawyers, Beth Symes, that Kelly was "handicapped" by his drug addiction and Toronto Police had "a duty to accommodate" him.She said Warr's conclusion that police services have any less a duty to accommodate addicted staff is "a fundamental error." Voicing support of Warr's ruling, Toronto Police lawyer Robert Fredericks said Warr, as tribunal head, was empowered to nix the deal and the brass must now support his ruling. Doucet said other wayward cops will be loath to admit drug problems after seeing their brass "sink" Kelly. Fredericks said it is "a pretty serious result" if cops facing charges -- no matter how serious -- can keep their jobs by virtue of expressing remorse and undergoing treatment and therapy. Source: TorontoSun.com Retrieved May 1, 2005 from http://www.torontosun.com/News/TorontoAndGTA/2005/04/19/1003476-sun.html ------------------------------------------------------------------------------------------------------------------------------------------ Woman motorcycle cop awarded $600K for sex harassment April 28, 2005, By Harvey Rice, Houston Chronicle Houston, Texas - A federal jury's $600,000 verdict Wednesday for Officer Beth Kreuzer was the third successful sexual harassment lawsuit against the city of Houston for attorneys Katherine Butler and Margaret Harris. In the other cases: • 1996 — A federal jury awarded Officer Linda Williamson $128,000 from the city after finding that a male officer had sexually harassed her and a supervisor had retaliated against her for complaining. • 1997 — A federal jury awarded Officer Patrice Sharp $110,000 from the city after finding that she was the victim of a code of silence for complaining about sexual harassment. Two police supervisors were assessed $15,000 each. A jury awarded $600,000 to the first woman on the Houston Police Department's motorcycle unit Wednesday, agreeing that her supervisor had sexually harassed her and that his supervisors failed to take appropriate action. Officer Beth Kreuzer and her two attorneys hugged after the five men and three women on the jury announced their verdict to U.S. District Judge Kenneth Hoyt. The jury deliberated about five hours. "I didn't take it for granted," said Kreuzer, 41, as she tried to regain her composure. "I was surprised." "I think the jury is sending a message that we have a dysfunctional system" in the Police Department, she added. "There are some huge betrayal issues," Kreuzer said. "I gave this department 20 years of my life and when I needed them the most, they let me down and they let my co-workers down. "The jury awarded her $200,000 for mental anguish because of sexual harassment, $50,000 for economic loss from violations of her free-speech rights and $350,000 for loss of professional reputation. Assistant City Attorney Donald Fleming said the city will appeal. "I think, when all is said and done, we'll be in pretty good shape and the city will be vindicated," he said. Kreuzer's attorneys, Katherine Butler and Margaret Harris, who have won two other sexual harassment lawsuits on behalf of female officers, said they hope Police Chief Harold Hurtt and Mayor Bill White will meet with them, Kreuzer and other female victims of harassment in the department. "It is long past time for a change and I truly, truly hope that Mayor White and Chief Hurtt would take this opportunity to address some problems that have been going on for decades," Butler said. White's spokesman, Frank Michel, said it is unlikely the mayor would meet with Kreuzer or her lawyers because of the pending appeal. He deferred questions to Hurtt, who said he will consult with his attorney about meeting with Kreuzer. Hurtt said he is re-examining the department's sexual harassment awareness training and its policy on sexual discrimination. "I will not tolerate any form of sexual harassment by members of the Houston Police Department," he said. The chief also said he will expand the locations where officers can make complaints, adding the Texas Civil Rights Commission and federal Equal Employment Opportunity Commission. Kreuzer sued the city and Sgt. Clifford E. Simmons, saying more than 22 fellow officers in her unit had witnessed Simmons sexually harassing and humiliating her, including touching her hair and hips and calling her "my girl." Simmons, 57, was dropped from the lawsuit before the trial, but testified that he never harassed Kreuzer. He was not in court Wednesday and could not be reached for comment. Kreuzer accused police officials of retaliating against her and the officers who told internal investigators about the harassment. She said she was punished even though the sexual harassment complaint on her behalf came from a male officer who complained about Simmons' treatment of all officers under his command. Kreuzer accused department supervisors of retaliating against the entire evening shift, which included most of those who backed the sexual harassment complaint. She said the retaliation involved changing the officers' hours to make it difficult to secure lucrative off-duty police escort work. Fleming and Assistant City Attorney Lina Garcia portrayed Kreuzer and her lawsuit as part of an effort to retaliate against the department for changing the shift hours. The defense also tried to show that Kreuzer failed to complain to then-Chief Clarence Bradford or the department's office of women's issues. Testimony by Kreuzer's witnesses depicted a department that tried to protect Simmons, despite a long history of poor judgment as a manager. Coming forward with a complaint could end a career and bring retaliation that could make life miserable, a number of witnesses said. Bradford testified that he rejected the Internal Affairs Division's conclusion that Simmons was lying when Simmons said he didn't recall incidents cited by more than 22 officers. Witnesses also testified about the conditions endured by female officers. Kreuzer said she served in the motorcycle unit for two years before other officers would speak with her, and some never did. She is on paid leave but said she won't return to her regular duties. "You have a system that doesn't honor integrity," Kreuzer said. "I really have a hard time going back to that system." She joined the elite motorcycle unit, known as "Solo," in 1998 after working 10 years as a homicide investigator. Her attorneys said only one other female officer has ridden with Solo, and only for a short time. No women are in the unit now, they said. ---------------------------------------------------------------------------------------------------------------------------------- Here is a media report of alleged misconduct in the Apache Junction, Arizona Police Department. Reports put cover-up on then-cop Jim Walsh, The Arizona Republic, Apr. 23, 2005 12:00 AM Arizona - An Apache Junction police commander influenced investigations of his son's alleged criminal behavior, leading to his own downfall and contributing to the resignations and retirements of three other officers. Commander Brian Duncan improperly involved himself two years ago in cases where his son, Russell, was accused of such crimes as theft, burglary and domestic violence, according to investigative reports released by the city through an Arizona Public Records law request. Duncan resigned unexpectedly last summer before internal investigations concluded that the preferential treatment resulted in his son getting charged with lesser crimes. Duncan was one of six veteran officers who left the department over the past two years as fallout from a critical police audit that found mismanagement and lack of professionalism. "Commander Duncan's actions seriously impeded an appropriate investigation and charging of a criminal matter in which his son was a suspect," the report said. Duncan's actions contributed to his son being charged with misdemeanor theft, rather than felony burglary, in a 2003 incident because he did not reveal to detectives that a Rottweiler dog also had been stolen, the investigation concludes. Sgt. Ron Martin, who also retired, called a Pinal County attorney and persuaded her to remove Russell's name from a list of cases where prosecutors were seeking indictments, according to the reports. Then-County Attorney Christy Hunt told police that Martin, then supervisor of detectives, explained that the victim did not want to prosecute, the report said. The report described Martin and Duncan as "personal friends away from the job." It said Martin called Hunt after Duncan's wife paid restitution for the burglary to the victim. Hunt later believed she had been "double-crossed" when a detective handling the case subsequently called and asked why Russell wasn't indicted, the report said. Chuck Teegarden, spokesman for the Pinal County Attorney's Office, said Hunt no longer works there. Because prosecutors work closely with police, Hunt would have had no reason to question Martin's motives, Teegarden said. Martin told investigators he called Hunt to "cut him (Russell) a break," the report said, adding that Duncan was in counseling. Although police officials concluded numerous instances of policy violations involving Duncan, Martin, Sgt. Richard Salmon and Officer Dick Boulden, none was ever formally disciplined because they left the department, the reports said. The investigations were launched by the audit, which led to the resignation of former Police Chief Robert Warner in December 2003. A second inquiry found a work atmosphere infected by rampant sexual harassment and favoritism. The harassment included Salmon telling a female dispatcher that she should have "flashed" Boulden to gain his cooperation in investigating a stolen car complaint, the report said. Salmon later apologized to the dispatcher, but Duncan took no administrative action against him, the report said. The reports said the misconduct involving Brian Duncan occurred as Russell battled problems with methamphetamine. Brian, who could not be reached for comment, served for years as Apache Junction's public information officer. Russell is named after his late uncle, Russell L. Duncan, the only Apache Junction officer killed in the line of duty. Russell L. Duncan was accidentally shot to death by another officer in 1983 during a botched training exercise. The city erected a memorial in his honor at the police station. Retrieved April 25, 2005 from AZ Central.com web site: http://www.azcentral. com/community/mesa/articles/0423ajcops23Z11.html ------------------------------------------------------------------------------------------------------------------------------------------- The Grey Areas of Impropriety: Passing the Headline Test Sometimes the lines between ethical and unethical behavior are blurred. Cases of alleged impropriety are often subjected to a media "headline test". In May 2004, an ethical question arose in Houston, Texas involving the new police chief. Harold Hurtt, having recently been appointed chief, was provided a temporary room at the Hyatt Regency Hotel at a greatly reduced rate while he sought permanent residence in Houston. The arrangement had been agreed upon between the City of Houston and the hotel management in advance. The hotel room rate was reduced to $1 per night. News reports later valued the normal price of the room at anywhere from $250-$1500 per night. Is this an incident of city government improperly providing special favors and gratuities? Here is one of the news reports as it appeared in the media: City Pays $1 a Day for Hurtt's Hotel Suite - DA to Determine if Deal Violates Law By Ron Nissimov and Kristen Mack, May 26, 2004, Houston Chronicle Houston, Texas - While Houston's new police chief looks for more permanent housing, he has been enjoying posh downtown digs at a cost to the city of $1 a day, thanks to the Hyatt Regency. The hotel credits its sense of civic duty, and Mayor Bill White defends the deal as a way to save taxpayers' money during the city's financial squeeze. But the district attorney is looking into the matter, and at least one watchdog group said it could create a conflict of interest. Harold Hurtt, the former Phoenix police chief who took over the Houston job in late March, has lived in a Hyatt Regency suite at 1200 Louisiana. "Since we're right next door to the police station, I said if I can make it convenient to the chief and help our city, I will provide the suite at a heavily reduced rate," said Don Henderson, vice president and managing director of the downtown hotel. "I did that as a civic duty to help the city because they're in a tight budget crunch," Henderson added. "I have absolutely no expectation of getting something in return for making this gesture to the mayor's office." He declined to divulge the special rate, but White's office said it is $1 a day. Henderson said he has made similar arrangements with other public officials new to town but declined to name them. Harris County District Attorney Chuck Rosenthal said he has subpoenaed hotel records to investigate whether the arrangement violates any laws prohibiting improper gifts to public officials. He said once he receives the information he is seeking, he will decide whether to press charges or forward the matter to a grand jury. Hurtt declined to comment. White said Rosenthal should investigate the matter because it involves a public official but that city attorneys cleared the arrangement. He said the city was committed to paying Hurtt's relocation expenses, so the city -- rather than Hurtt -- benefits from the deal. Karen Lundquist, executive director of the Texas Ethics Commission, agreed that the gift was made to the city and not Hurtt. She said it is up to the city's Legal Department to determine whether it can accept it. But Tom "Smitty" Smith, director of the Texas office of Public Citizen, a government watchdog group, said such deals "raise both eyebrows." "Time after time we have seen that with gifts to the city and (supplements) to people's salaries, that there is some payback expected," Smith said. Councilman Mark Ellis said he believes the arrangement is acceptable, but that Hurtt should "find some permanent housing as soon as possible." Councilman Ronald Green voiced concern about the appearance of the deal. "It's good that it's not taxpayer money. But there are some that may question the (Hyatt's contribution). We need to examine something that isn't perceived as extravagant," he said. Henderson initially said the apartment like room, called the "general manager's suite," is rented only on rare occasions for a top price of $550 per night. He said the suite, which contains a bedroom, living room and kitchenette, is not considered a luxury room. But the hotel's reservation desk quoted a price of $1,500 a night for a weekend date later this year. Told of that, Henderson said he made a mistake and that the room does not have a maximum price. He said the price is negotiable based on market conditions. White's chief of staff, Michael Moore, said the Legal Department accepted the gift on the condition that it would be available to anyone moving to Houston as a division director for the city. This isn't the first time White has sought or accepted subsidies for city costs. He used money from his campaign fund, Friends of Bill White, to supplement the $120,000 salary of Ann Travis, his new director of government affairs. Moore said the mayor did not seek additional campaign donations for that purpose. The city also has been offered a donation from Trees for Houston to help leverage a higher state contribution to the city's costs of hosting the Major League Baseball All-Star Game. On May 5, the City Council approved spending $590,000 on game-related costs, which under a new Texas law would have allowed the state to contribute up to $3.7 million. A week later, Texas Comptroller Carole Keeton Strayhorn said the state could contribute up to $4.18 million if the city pitched in an additional $78,000. After council members raised concerns about the city spending the extra money, Trees for Houston agreed to pay half the $78,000, with the city paying the rest. The City Council is expected to vote on the agreement today. Retrieved May 29, 2004 from http://www.chron.com/cs/CDA/ssistory.mpl/metropolitan/2592076 ------------------------------------------------------------------------------ Police Discretion When are the police required to enforce the law? Here is an interesting story from Illinois. Illinois cops not required to make arrests - Judge says chief didn't break law By Tona Kunz Daily Herald Staff Writer (Chicago IL), 03/16/05 Daily Herald, Paddock Publications, Inc. Illinois - A Kane County judge ruled Tuesday police do not have to uphold the law, finding the Maple Park Police chief not guilty of allegedly allowing llegal gambling to flourish in town. Judge Grant Wegner acquitted Chief Chet Morris of Elburn on charges of conspiracy and official misconduct in the middle of his two-day trial. Although Morris called the charges "bogus" after his acquittal, Wegner's ruling didn't comment on the allegations that Morris ignored illegal gambling for 15 months in the tiny town 10 miles west of Elburn. Morris Village President Mark Delaney; the owner of D.J.'s Tavern, 221 Main St. and 10 employees were arrested following a May 2004 raid by state police. Not addressing the facts of the charges, the ruling, in essence, said it was pointless to continue the trial. Whether or not Morris saw illegal gambling, no law says he had to do anything about it. "It is clear that the legislature intended arrest to be discretionary," Wegner said. Police applauded the ruling, saying discretion was key to undercover investigations and keeping the courts from overflowing with petty infractions. "I truly feel this was justice and common sense," said Kane County Sheriff Ken Ramsey. But the ruling also cements the subjective nature of police arrests. Police training groups have said they have ethics classes that stress officers should step in when someone is in danger. But a hard and fast rule of when to enforce specific laws is absent, except in the rare case where a municipality writes that into an officer's job description. In fact, the gray area runs deep in the code books. The Illinois Counties Code says that sheriff's departments "shall prevent crime" but also says they "may arrest offenders." And officers have guidelines for under what circumstances they can make arrests, but they have civil immunity for not making arrests. Prosecutors based the charge of official misconduct against Morris on a state statute that prohibits officials from intentionally or recklessly failing to perform duties mandated by law. But legislative revisions of the law in the 1990s took out earlier references that officers "shall" make an arrest when they see a crime occurring, leading legal experts to believe the legislature was trying to get away from mandatory arrests. Prosecutors had argued that the discretion lies with prosecutors deciding when a case warrants charges, not police investigating a crime. Assistant Attorney General Abigail Abraham contended that Morris had a duty as a police officer to stop gambling at D.J.'s Tavern. Nearly three-quarters of the front of the narrow bar was taken up by nine video slot machines all hooked up to pay out money illegally, generating about $700,000 a year in profits to the bar, prosecutors said. Morris sat among the machines more than once, prosecutors allege. Undercover officers who showed concern about his presence in uniform were told by the village president that Morris would not take any action against them and their gambling, according to court documents. "He said 'good luck' to people," Abraham said. "In my view, he was promoting." It wasn't enough to rise to the level of participating in a conspiracy, Wegner ruled, because Morris had no duty to arrest anyone and no allegations were made that Morris himself did anything to further the conspiracy like hand out winning pots or thwart the part-time officer's attempts to arrest anyone, Morris wasn't guilty of conspiracy. Fellow police officers who congratulated and hugged him after the verdict, said Morris wasn't even guilty of bad judgment. Ramsey said he wouldn't condone illegal gambling at D.J.'s Tavern when it reopens under new management, but he stopped short of saying Morris should treat gambling differently there if it does occur again. Ramsey said you have to prioritize arrests and weigh the arrest value against what else you could gain. Morris' continued acceptance and presence in the bar could have stopped larger problems like bar fights, Ramsey said, or Morris' investigation manpower could be better spent stopping crimes against people like burglaries or murders. "I don't have the manpower to investigate how adults are using their money," Ramsey said. But Abraham said that doesn't hold true for Morris. During the 15 months undercover officers observed bookmaking, dice games, betting wheels and poker machines at D.J.'s Tavern, there was little large crime in town to distract Morris. When the rare home invasion did occur, she added, Morris called in sheriff's deputies to help. But Morris never called for help with gambling, Abraham's said. Morris has said he never realized the video poker machines paid out money. But two other former officers did suspect pay outs and both asked for help to investigate their suspicions. Two former officers filed separate ongoing federal lawsuits in April 2003 and March 2004 saying they were persecuted by the village board for knowing about or investigating illegal gambling, narcotics use and underage drinking in village bars prior to the August 2003 start up of a state police investigation that led to Morris' arrest. Stepping to Morris' defense, Elburn police Officer Mike Stoffa said the Morris didn't shirk his responsibility because no one was in danger and no complaint was ever filed with his department about the gambling. "I had to use discretion many times in much more serious cases," Stoffa said. "You do have to prioritize. Maple Park doesn't have the resources to do in-depth investigation nor was there a compliant signed." Morris' attorney, Terry Ekl of Clarendon Hills, said Morris is considering a civil suit against the Illinois attorney general's office for charging Morris in what he called a "colossal waste of time." Prosecutors are negotiating plea deals with the other 12 defendants scheduled for trial this spring. Retrieved March 29, 2005 from http://126.96.36.199/search?q=cache:QzYsJaLcEScJ:www.dailyherald. com/community/zone_story.asp%3FintID%3D38427144%26zone%3Delb+Judge+says+chief+didn% 27t+break+law&hl=en ------------------------------------------------------------------------------------------------------------------------------------------------- The Financial Cost of Lost Ethics The infamous Rampart scandal is a sad example of the financial costs of unethical practices. LAPD Settling Abuse Scandal Payments to alleged Rampart victims will total $70 million L.A. was sued more than 200 times, often by criminals claiming mistreatment By Scott Glover and Matt Lait, Los Angeles Times Staff Writers, March 31, 2005 Los Angeles, California - Virtually all civil lawsuits stemming from the Rampart Division police scandal have been settled for a total of $70 million, Los Angeles officials are set to announce today, five years after an anti- gang officer blew the whistle on widespread corruption and brutality. The announcement marks the resolution of most remaining legal issues from a scandal that caused more than 100 criminal convictions to be overturned and more than a dozen officers to leave the force — some fired, others resigning amid investigations. Police Chief William J. Bratton said he suspected that some officers who committed misconduct related to the scandal remained on the job."Knowing is not necessarily proving," he said. The Rampart debacle also set the stage for the federal government to impose a consent decree on the Los Angeles Police Department, requiring extensive reforms. A blue-ribbon commission headed by civil rights attorney Constance L. Rice is still studying the scandal. The city was sued more than 200 times, mostly by drug dealers, gang members and other criminals who said they had been framed, shot, beaten or otherwise mistreated by the police. All but eight of the suits have been resolved, according to city lawyers. The expected expenditures in the eight cases are included in the $70 million, said Jennifer Roth Krieger, chief financial and administrative officer in the city attorney's office. Despite the criminal backgrounds of many of the plaintiffs, city lawyers concluded when reviewing the records of the officers involved that more than three-fourths of the cases were too risky to let them proceed to trial. "When you have a problem officer, it's very difficult to go forward," said Chief Deputy City Atty. Terree A. Bowers. "This has got to be a wake-up call for the city. It could have been worse." The payout total was considerably less than the $125 million projected by then-City Atty. James K. Hahn in the early days of the scandal. In the cases that resulted in payouts, the average settlement was $400,000. For many of the plaintiffs, the newfound riches have translated into luxury automobiles, large homes and investments in the stock market. Convicted felon Roberto Candido, one of the plaintiffs, received an $860,000 settlement in 2000. He said the windfall inspired a spiritual awakening. "I'm not telling you I'm a saint, but I'm trying to get closer to God," he told The Times. "I know he does everything for a reason, and I know I've got to repay him." In all, 30 people have received settlements of $500,000 or more. In many of those cases, the LAPD had exonerated some or all of the officers involved before the city attorney decided to settle. The Rampart scandal began in September 1999 when Officer Rafael Perez pleaded guilty to charges that he had stolen three kilos of cocaine from LAPD evidence facilities. In exchange for a five-year sentence, he promised to tell authorities about a case in 1996 in which he and his partner shot a young Javier Francisco Ovando then planted a gun on him to justify the shooting. Perez also pledged to identify other corrupt police. In the end, he and seven other officers from the Rampart Division's CRASH — Community Resources Against Street Hoodlums — anti-gang unit were convicted of corruption-related offenses as a result of information he brought to light. A judge overturned three of the convictions on procedural grounds. Bowers of the city attorney's office said one of the main lessons learned from Rampart was the need to identify and track problem officers. To that end, he said, the office's lawyers must now inform him of any instance in which they believe that a police officer has lied or committed other misconduct. Bowers then sends that information directly to the police chief, which has happened fewer than 10 times since 2001, he said. The largest settlement, for $15 million, was paid in 2000 to Ovando, a member of the 18th Street gang whom the shooting left paralyzed. He had been sentenced to 23 years in prison after Perez and Officer Nino Durden testified against him in court, insisting that he had been armed. His conviction was eventually overturned. "The Rampart scandal was a stain on our otherwise outstanding Police Department," City Atty. Rocky Delgadillo says in a statement prepared for release today. "I know I speak for all the city leaders and our fine police officers when I say that we are thankful to put this chapter behind us." On Wednesday, city leaders hailed the development as good news for both taxpayers and the victims of police abuse. "The reality is, regardless of who the plaintiffs were, there was evidence of wrongdoing. That's what we had to recognize," said Councilwoman Cindy Miscikowski, chairwoman of the council's Public Safety Committee. "Civil rights are civil rights, and they apply to everyone across the board." Councilman Jack Weiss said it was premature to "close the books" on the Rampart scandal. "It doesn't mean that when the ink is dried on the last check that the department has been cured," he said, while adding that he was pleased at the litigation's resolution. He said he eagerly awaited the findings of Rice's independent panel. Attorney Gregory Yates, who won nearly $20 million in settlements for his clients in Rampart-related cases, said he was disappointed that none of the major lawsuits went to trial in front of a jury. A trial, he said, "would have exposed how massive and widespread the corruption was." He called the settlements part of the city attorney's strategy to "sweep this under the rug." The city dragged the cases on for so long that many of his clients were "worn down" and simply settled to get the matters resolved, Yates said. "The net result is the city got these settlements without letting the truth come out," he said. "That's the bottom line." His disappointment was shared by others. "For the victims and the city, it's a good thing to have it resolved," said Duke University law professor Erwin Chemerinsky, who has studied the Rampart scandal. "But there is also a loss here that we didn't learn things that we might have, had we had a trial." Rice called it smart to settle from both the city's and the plaintiffs' perspective. City officials do not want the publicity that would accompany a trial, she said, and the victims probably realize that public outrage over the scandal has dissipated. "It's a gamble for both sides to go forward," she said. She also believes that trials might have shed more light on the corruption. "What's stunning to me is how little the city really knows about Rampart," she said. "How far did it go? Did it spread to other divisions?" ------------------------------------------------------------------------------------------------------------ Rampart, by the numbers Former Officer Rafael A. Perez, prosecuted for stealing cocaine from an evidence locker, turned informant in 1999 and implicated others from the LAPD's Rampart Division in abuse. Alleged victims of the police filed hundreds of claims and lawsuits against the city. All but eight cases have been resolved.
214 claims resolved* 179 settled 27 dismissed 5 active 3 on appeal $70.2 million in payouts $400,000 average
Lessons learned, according to the city attorney's analysis:
• Improve tracking of complaints against officers. • Investigate all uses of force. • Bolster civilian oversight of LAPD. • Increase supervisor-to-officer ratios. • Improve screening and training of officers.
Source: Los Angeles City Attorney -------------------------------------------------------------------------------------------------- Off-Duty Work Off-duty work by law enforcement officers is often scrutinized for the possibility of conflict of interest. Here are some media reports of allegations against a prominent Florida law enforcement official. The investigation has spiraled into other allegations of misconduct including falsifying crime reports to improve crime statistics. Source: Miami Herald (on-line) pril 16 2005 Sheriff in public, consultant on the side Miami, Florida - Broward Sheriff Ken Jenne's private business dealings rightly have drawn scrutiny from the Broward State Attorney's Office and Gov. Jeb Bush. Last week Mr. Bush ordered the Florida Department of Law Enforcement to investigate the extent of the relationship between the Broward Sheriff's Office and T&M Protection Resources Inc., a security firm employed by the Seminole Tribe. Three issues are at stake: Whether the BSO shared information about an ongoing police investigation with T&M; whether the sheriff has violated state ethics laws in melding his public duties with his private business dealings; and what information Mr. Jenne, as a state constitutional officer, owes Broward residents. Shooting investigation This tawdry tale begins with the attempted murder of the Seminole Tribe's general counsel, Jim Shore, in 2002 in Hollywood. The FBI and Hollywood police are still investigating the shooting. Almost a year after the shooting, the BSO, according to Hollywood police, asked if it could join the investigation to determine if any suspects were involved in unrelated crimes. The BSO claims that it was invited on board by Hollywood. T&M was working for the tribe when the shooting occurred.In 2003 T&M paid Sheriff Jenne almost $60,000 for consulting services. What kind of consulting is anyone's guess, because Mr. Jenne, who earns $156,395 a year as sheriff, refuses to say what he does for T&M. He says that he signed a confidentiality agreement with the firm. That's completely unacceptable.Information sharedIn the spirit of cooperation, Hollywood police shared information on the Shore investigation with the BSO. The state attorney and FDLE are investigating whether BSO then shared that information with T&M, which, if true, would be a criminal violation. Mr. Jenne owes the people he's supposed to be working for full-time -- Broward residents -- full disclosure about the nature of the T&M job and any other security-consultant work.Beyond that, the potential for conflict in Mr. Jenne doing business with a firm that has a client in the BSO's jurisdiction is obvious. The state ethics code clearly states that no public officer of an agency can be employed by or contract with any business that ''is subject to the regulation of an agency'' of which he is an officer. Though the tribe is on sovereign land and has its own police force, the BSO has investigated crimes involving tribal members in the past and likely will do so in the future. Here's one small example of how the sheriff muddles his public and private jobs: When reporters ask about Mr. Jenne's private business, they are referred to BSO's spokesperson, who presumably isn't paid by the consulting firms. Mr. Jenne, at minimum, has shown a serious lapse in judgment. We urge him to fully disclose his business dealings, especially with T&M. Source: Miami Herald (on-line)Retrieved April 16, 2005 from http://www.miami. com/mld/miamiherald/news/opinion/11398687.htm ------------------------------------------------------------------------------------------------------------------------------------------------- Inquiry widens into Broward sheriff's moonlighting By Paula McMahon & Scott Wyman, Sun-Sentinal.com, 04/21/05 Florida - Broward County Sheriff Ken Jenne has done more moonlighting than he previously disclosed. And experts say the new revelations of his ties to a company that has also done business with the Sheriff's Office poses conflict-of-interest questions for him.A consulting firm that Jenne ran on the side with two of his top aides earned $4,000 last year from a high-tech surveillance and law enforcement training firm that also does public business with the Sheriff's Office, law enforcement and other sources said. That could raise issues for Jenne, Undersheriff Tom Carney and recently retired Lt. Col. Tom Brennan. State ethics laws largely ban public officials from doing private business with companies that also earn taxpayer money from the officials' agencies. Those who violate the law can be fined up to $10,000, reprimanded by the state Ethics Commission or removed from office by the governor. In this case, the unanswered questions arise because Jenne's company, Havloc, was doing business with another company that sells services to the Sheriff's Office. Jenne is under increasing scrutiny since Broward County prosecutors began investigating a number of Jenne's personal business ventures. On April 8, Gov. Jeb Bush ordered the Florida Department of Law Enforcement to investigate the allegations of misconduct against Jenne as well as the receipt and reporting of private income by Jenne and current and former Sheriff's Office employees. Jenne has denied any wrongdoing. Last month, Jenne told the South Florida Sun-Sentinel that two consultancy firms that he had a financial interest in, Havloc LLC and Knodishall Trading LLC, had just one client, T&M Protection Resources. But, in the last few weeks, sources said that state investigators turned up information that Havloc also did work for a second company. When Innovative Surveillance Technology Inc., of Coral Springs, asked Jenne to recommend law enforcement experts to create and teach courses last year, Jenne recommended his own company, Havloc, said Don DiFrisco, Innovative's CEO. Jenne was a partner in Havloc with Carney and Brennan. DiFrisco said he did not know that Jenne was involved with Havloc. Innovative hired Havloc in February 2004 to update two police-training courses and create two new courses. The company also privately hired six or seven sheriff's employees, recommended by Havloc, to train police officers in Barbados. Those officers all worked on their own time and did not use sheriff's equipment, according to DiFrisco and the Sheriff's Office. DiFrisco estimated his company did about $230,000 worth of business with the Sheriff's Office during the last five years. Jenne flew to Barbados last spring on a charter flight paid for by Innovative and gave a speech at the police officers' graduation ceremony, DiFrisco said. State officials say Jenne has not filed any gift disclosure forms on which he is required to disclose gifts or in-kind donations worth more than $100. Jenne's spokeswoman, Cheryl Stopnick, would not comment on many of the details of the business arrangements, saying it would be inappropriate to do so because of the ongoing investigations by FDLE and local prosecutors. But she said Innovative was one of more than 14,650 vendors who provide services and products to the Sheriff's Office. David Bogenschutz, a private attorney who spoke on Jenne's behalf, said Jenne might not have known that Innovative was doing business with his agency. He said he did not think Jenne did anything criminal. But experts on government ethics suggested that public officials have a duty to ensure that they are fully disclosing their business interests. Tony Alfieri, director of the Center for Ethics and Public Service at the University of Miami's law school, said the public should be concerned about the potential that even such indirect business relationships could skew how the Sheriff's Office, which has a $591 million-a-year budget, doles out contracts. Helen Jones, a spokeswoman for the state Ethics Commission, said it would need more details about the case before deciding if there was a violation. Jenne, Carney and Brennan would not comment, Stopnick said. Jenne has denied in a written a statement that he did anything wrong. Financial disclosure forms show that Jenne received almost $60,000 from Havloc and Knodishall, the two firms in which he was a partner. In an interview last month, he said that he signed a confidentiality agreement with T&M and could not discuss details of who he worked for or what he did. He also said Carney and Brennan made no money from the firms. Several law enforcement and other sources told the Sun-Sentinel that T&M, which was working for the Seminole Tribe, hired Havloc in late 2003 to recommend ways to improve and professionalize the Seminole Tribe's police department. They were trying to prepare for the opening of the Hard Rock Casino last year. The sources said that Carney and Brennan wrote up a report for T&M but the tribe rejected the proposal. Among the questions that state investigators are trying to answer: what did Jenne do to earn almost $60,000 from T&M, given that the sources say his staff did the work for T&M and the Seminole Tribe. Investigators also want to know more about how the source of that income was reported on financial disclosure forms that Jenne filed with the state and on his federal income tax return. Knodishall had no contracts with T&M, but Jenne reported that most of the money, more than $40,000, was paid through that corporation. Paula McMahon can be reached at email@example.com Source: Sun-Sentinal.com Retrieved April 22, 2005 from http://www.sun-sentinel.com/news/local/broward/sfl-cjenne21apr21,0,1061507. story -------------------------------------------------------------------------------------------------------------------------------------------- Source: DatelineAlabama.com. 04/29/05 Conflict-of-interest probe tarnishes once-rising Broward star By Curt Anderson, Associated Press Writer Florida - Three decades ago, Ken Jenne was a young Broward County prosecutor making his name by rooting out official corruption. Now the county's Democratic sheriff, Jenne's once-rising political star is being tarnished by a conflict-of-interest investigation into his own private business dealings. The preliminary Florida Department of Law Enforcement investigation, ordered by Republican Gov. Jeb Bush, comes on top of another probe by state prosecutors into charges that sheriff's detectives falsified arrest and case clearance records to inflate the agency's crime-fighting statistics. The twin investigations have led Democratic Party activists, political observers and even Jenne's closest friends to wonder if his once-rosy future is in ruins. "I think the best thing for him would be for this to be over quickly," said Bob Butterworth, a former Florida attorney general and Broward sheriff who worked with Jenne as a prosecutor in those early 1970s corruption cases. They were known as "Batman and Robin." "Obviously all this type of stuff hurts, but I don't think people are losing confidence in him. I think he will be right back on his feet," added Butterworth, now dean of the St. Thomas University law school. In the Democratic bastion of Broward County, Jenne rose from his prosecutor's post to chair the County Commission and serve in the Florida Senate for 18 years. He was appointed sheriff in 1998 by then-Gov. Lawton Chiles and has been re- elected twice since. Party activists say they once saw Jenne as a likely candidate for statewide or federal office, with perhaps a shot at governor. Now, they're not so sure. "There is a tremendous level of disappointment," said Ann Zucker, president of the Weston Democratic Club. "Ken Jenne has just got way too much baggage to take with him to a statewide office." Added Sophie Bock, president of the Century Village Democratic Club: "Even if he's completely cleared, there are certain people who remember the bad things and never think of the good things." Bush ordered the conflict-of-interest investigation after media reports indicated that local prosecutors were looking into whether someone at the sheriff's office leaked confidential information about a probe into the 2002 shooting of Jim Shore, attorney for the Seminole Tribe. The question is whether the leak went to a private security firm, T&M Protection Resources of New York, that had paid a consulting firm owned by Jenne, Havloc LLC, almost $60,000 for work related to a security assessment of the Seminoles' flashy new casino in Hollywood. Officials at T&M declined comment. Shore, whose shooting remains unsolved, said this week that the tribe never heard of Havloc until the recent investigation was announced. He said T&M was hired to "evaluate the operation and regulatory portion of the casino" and that he was not aware of any involvement by Jenne. "When T&M finished their work and the contract ran out, I thought that was the end of it," Shore said. Investigators have also turned up evidence that Havloc was paid $4,000 by a Coral Springs company, Innovative Surveillance Technology Inc., for consulting work on training courses for the police academy in the Caribbean nation of Barbados. IST, which says it had about $230,000 in contracts with the Broward Sheriff's office, also flew Jenne to Barbados for a speech to the academy's graduates in spring 2004. Jenne's attorney, David Bogenschutz, declined to discuss Havloc and its contracts because they are the subject of an ongoing investigation. Officials at the sheriff's office referred all inquiries to Bogenschutz. Jenne himself has remained largely silent about the allegations, other than issuing a written statement the day Bush announced the investigation saying that he has "abided by the letter and the spirit" of the law and predicting he would be cleared. "I am confident that this inquiry will quickly confirm this to be true," Jenne said. The probe into Jenne's personal business dealings comes amid an ongoing investigation into charges that Broward detectives sought to falsely improve crime statistics by blaming unsolved crimes on people who did not commit them and downgrading serious crimes so they wouldn't wind up in official FBI crime reports. Jenne has scrapped the statistical system used to track crime rates, reassigned more than two dozen detectives and announced that four senior commanders will retire. Two of them, Lt. Tom Brennan and Lt. Tom Carney, were listed as principals at Havloc, Jenne's consulting firm. Two detectives have been charged with official misconduct in the statistics probe, with a third pleading guilty to misdemeanor charges of falsifying records. Butterworth said the twin investigations unfairly obscure the accomplishments of Jenne, whom he described as "the finest public servant Broward County has ever had, bar none." "I would be surprised to find out he did anything wrong," Butterworth said. "I would be shocked." Retrieved April 29, 2005 from http://www.tuscaloosanews.com/apps/pbcs.dll/article? AID=/20050429/APN/504290845&cachetime=3&template=dateline ------------------------------------------------------------------------------------------------------------------------------------------------- Here is a painful headline from Boston Probes reveal a 'culture of corruption' April 24, 2005, SouthofBoston.com, The Enterprise, By Tim Grace, Enterprise staff writer Massachusetts - It was Marysol Morales' job as director of Avon's Section 8 voucher program to help poor families find affordable housing. But federal prosecutors say she was actually helping herself to $13,000 worth of bogus fees she collected from those same families. After her Feb. 17 arrest, U.S. Attorney Michael Sullivan called Morales' alleged abuse of her clients' trust "especially cruel." Cruel or not, the type of charges brought against Morales are not unique. Her case is one of seven abuse-of-power probes unfolding in the region — probes of accusations ranging from a Stoughton police officer using his badge and handcuffs to collect private debts to a Brockton official getting a city electrician to work on the wiring in his new home. Pamela Wilmot, state executive director of the good government advocacy group Common Cause, said the spike probably doesn't signal a slide toward bad government. "It is unfortunate for the area, that's for sure," she said. "It could just be coincidence." But some state officials and government ethics experts say loose hierarchies, lack of leadership and a culture of corruption in local governments might be fostering the string of abuses. Since December, state and federal law enforcement agencies have been called to investigate: - The discovery of child pornography on a computer in the East Bridgewater treasurer-collector's office. - Abuse-of-power charges against three Stoughton police officers, including the chief. - The Avon Housing Authority rental voucher scandal. - Allegations that a Brockton city official used a city employee on city time to help build his new home. - Charges of nepotism within the Randolph Housing Authority. - Tax collection irregularities in Whitman. - Allegations of unfair tax assessment practices in Abington. Those seven are far from the first accusations of municipal corruption in the region. The state Ethics Commission fined former Middleboro assessor Jacob Kulian $10,215 last week after finding he had improperly reduced the tax assessment of his own property. And, over the last several years, a number of municipalities have weathered their own scandals. Maureen Cronin, a former clerk in the Brockton tax collector's office, was fired in 2002 after she was caught skimming more than $7,000 worth of late fees collected by the city. More than a decade earlier, Brockton Police Chief Richard Sproules was found to have been stealing cocaine from the police evidence locker and siphoning off city funds to pay parking tickets for political cronies. Two Hanson officials, former executive secretary Joseph Nugent and former building inspector Samuel Germaine, were convicted of criminal conflict- of-interest charges in 2002 after buying property at town auctions, then selling it at a huge profit. Former Hanson Conservation Commission member John Aiello has been indicted on similar charges. Taunton's Police Department has had its share of mavericks. Capt. Richard Pimental earned fame hosting a cable public access program under the name Capt. Good. His fame turned to infamy in 1999 when he was convicted on a charge he stole a gun from a community gun buy-back program. Also in Taunton, Stephen DeRosa had been on the force for less than two years when he was fired in 1997 amid allegations he had convinced a friend to attack his estranged wife to learn the name of her new lover. DeRosa was convicted on the conspiracy charge in 1999. And Whitman police Sgt. Glenn Pearson was fired in 2001 when a slew of abuse-of-power charges followed accusations that he had a stripper perform in front of students in a Massasoit Community College course he was teaching. Victor DeSantis, a political science professor at Bridgewater State College, said the structure of local governments may be too segmented, leaving far-flung departments and agencies to work in near isolation with little oversight. "The decentralized nature of many of our city and town governments creates an environment where things can pop up," he said. "They need to streamline local government ... create more accountability." The recent scandals in the Avon and Randolph housing authorities — both small offices that usually see little public scrutiny and infrequent review from controlling state and federal agencies — seem to support that theory. Morales, former head of the Avon Housing Authority's Section 8 rent voucher program, was the target of a federal probe and is now accused of bilking $13,000 worth of bogus fees and deposits from Section 8 applicants. After a three-month investigation, Morales was arrested in February and charged with three felony counts of corrupt receipt of funds in connection with the federally funded program. Each felony count carries a potential penalty of 10 years in prison, three years probation and a $250,000 fine. In Randolph, Housing Authority board member Gail Walsh was forced from office in March and her son and daughter-in-law chose to quit their jobs with the agency rather than face an internal investigation into allegations they falsified time records, misappropriated agency property and, on one occasion, took an agency truck on vacation. The Randolph case is currently under review by the Norfolk County district attorney's office. Personal loyalties and private disputes between local officials can also contribute to power abuses, DeSantis said. "So many of these things are so personally driven ... so many of these are based on personality clashes," he said. "That's the nature of small-town politics. Personal relationships may be at the heart of Stoughton's police scandal, based on the cases laid out at the officers' arraignments recently. Three officers, including Chief Manuel Cachopa, were placed on paid leave after they were indicted on corruption charges. Cachopa, Sgt. David Cohen and Officer Robert Emmett Letendre are facing a total of 15 counts, all alleging some abuse of power.Cohen, who works as a partner in a local law firm by day and as a police officer by night, is alleged to have mixed the two professions, using his uniform to collect a debt for a client and to do favors for a friend. Cachopa and Letendre are said to have covered for Cohen by fabricating reports and brokering a deal with a complaining victim. Samuel Walker, professor of criminal justice at the University of Nebraska-Omaha and author of the book "The New World of Police Accountability," said it is not uncommon for corrupt cops to count on personal loyalties to hide their misdeeds. Walker, who has been following the Stoughton police case in the media, believes ethical lapses become more common in a police department as a community matures and its citizens develop more interpersonal ties. Police corruption "tends to be much less on the West Coast" where local government isn't as old an institution, he said. "There's a different kind of political culture there. They don't have these long- established Police, Walker said, also live with an unusual amount of temptation. "Police just have a whole lot of opportunity. They work at a low level with very little direct supervision. "It's easy to just shake (a criminal) down," Walker said. "That person's not going to complain." Walker said police scandals that involve the chief can be particularly difficult to root out. "Everything is leadership. Police have to know that the chief is going to be serious about internal investigations, serious about disciplining people, or it's going to continue," he said. Greed could also have been a factor in the Stoughton case. Cohen and his friend, who also splits his time between a law practice and the Canton Police Department, would regularly refer clients and pay referral fees to each other to avoid the appearance of ethical conflicts in their own departments, according to prosecutors. Joe Gaughan prosecuted corrupt cops during his 15 years with the state attorney general's office and with the Suffolk County district attorney. He's now working in private practice. Gaughan said bad cops have the same motivation as any other criminal. "It's greed," he said. Common Cause's Wilmot agreed, saying corruption tends to take an up-tick during a sour economy. "It's like any other crime," she said. During his time as a prosecutor, Gaughan said he didn't see an upward trend in the number of police corruption cases. "There's been a steady stream but the vast majority of police officers are good, law-abiding people," he said. Marcel Beausoleil, assistant professor of ethics at Anna Maria College and a police officer in Woonsocket, R.I., for more than 20 years, said that despite the state programs and courses like his own, he doesn't "think there's enough ethics training for police anywhere in the country." "We talk quite a bit about the code of silence," he said. "As a police officer, you've got power and authority over other people. You're faced with greater responsibility than the average citizen. You have to live up to the public trust," Beausoleil said. Along with lectures, Beausoleil has students act out ethically challenging situations."We get to what would you do and more importantly, why would you do it," he said. "If you think these issues through before they happen, maybe you can prevent them from happening." Dennis Pinkham, director of the state's municipal police academy, said recruits aren't lacking for ethical training. Ethics has been integrated into every segment of the 21-week curriculum since 1997, Pinkham said. The state runs a total of seven police academies, five for new recruits, and turns out roughly 400 new officers every year. Abusing friendships for personal gain isn't a problem limited to police. Some municipal officials are just as likely to ask friends for favors that breach ethics rules, experts say. In March, Brockton Superintendent of Utilities Wayne Tartaglia was first suspended for five days, then elected to retire as an investigation looked into whether he had a city employee working on his new house on city time. City electrician Joseph Giovanello, a friend of Tartaglia's, was fired for his alleged role in the scheme. Mayor John T. Yunits has asked Plymouth County District Attorney Timothy Cruz to determine if the matter went beyond an ethics violation and should be prosecuted criminally. It's not yet clear what will happen with the misconduct probes in Abington, Whitman and East Bridgewater. State police joined the investigation into irregularities in the Whitman tax collector's office this week, nearly a month after town officials began an audit of tax records. Town officials there have remained mum, but it appears they're having trouble squaring their books and have sent some 5,000 letters to taxpayers asking that they review their personal financial records to verify information on file in the collector's office. Investigators with the Plymouth County district attorney's office found child pornography that had been downloaded from the Internet onto computers in the East Bridgewater treasurer-collector's office. The computers were pulled out of the office after town Treasurer-Collector Frank Savino was escorted out of Town Hall, then placed on paid administrative leave for failing to obey an order to reduce his staff due to budget constraints. And in Abington, the town manager has turned over to the district attorney information related to a resident's complaint of unfair assessing practices. James Hager, superintendent of the Southeastern Regional Vocational Technical High School in Easton, knows something about facing a public organization after a corruption scandal. He pressed for an independent examination of petty cash and other school funds shortly after taking over as superintendent in 1998. That probe found $50,000 unaccounted for in a petty cash account under the control of former business manager Patricia Cheromcka. Cheromcka, 58, formerly of Carver and Intervale, N.H., was convicted on Feb. 25, 2004 of three counts of larceny and sentenced to six months in jail. "We've begun to rebuild trust but it's still something that comes up," Hager said last week. "Only time will remove that from people's memories." Since the scandal, the district has drafted an employee handbook and tightened its accounting procedures. "We do a lot of communication with the towns we serve," he said. "You've got to take a look at areas that were weak ... keep everything above-board." Hager said making sure employees understand the standards has been one key to the school's ethical rebound. "I think they know now what will happen if they don't follow the rules," he said. Source: The Enterprise. SouthofBoston.com retrieved April 24, 2005 from http://enterprise.southofboston.com/articles/2005/04/24/news/news/news01.txt -------------------------------------------------------------------------------------------------------------------------------------------------- Relationships between police and private industry are sometimes a source of ethical dilemmas. The following report from the media of the relationship between a vendor of law enforcement equipment and the officers who use the equipment provides an interesting case study. Police on weapon company payrolls By Kevin Johnson, USA TODAY Washington D.C. - Hundreds of police officers nationwide also are on payrolls of companies that supply weapons, riot gear and other equipment to the officers' departments, creating possible conflicts of interest. The arrangements have involved officers who advise their departments on what equipment to buy, according to a survey of at least a half-dozen companies by USA TODAY. Taser International, the nation's leading maker of stun guns, says it pays at least 270 officers to conduct training seminars for other police. It also sends money to the survivors of police who are killed while on duty. (Related story: Taser contributes to police families) When contacted by USA TODAY, several other private companies that supply equipment to police — including Armor Holdings, which makes bullet-resistant clothing; ASP, a police baton manufacturer; and PepperBall Technologies, a maker of pepper-spray repellent — said they also pay officers to train other police to use the companies' products. Much of the debate over such arrangements has focused on Arizona-based Taser, which in recent months has defended the safety of its products amid reports by Amnesty International and The Arizona Republic that more than 80 people have died after being shocked with electrical stun guns. About 7,000 of the nation's estimated 16,000 police agencies use the device. Taser's hiring of police as trainers has come under scrutiny in several communities. Police officers in Arizona and Minnesota were being paid as Taser trainers while they were involved in making stun-gun purchasing recommendations for their departments. Last year, Minneapolis police closed an investigation when the officer took a full-time job with Taser. In a separate inquiry, the city of Chandler, Ariz., found no violations. That officer also went to work full time for Taser. Such arrangements between equipment providers and police have generated no formal allegations of wrongdoing. Taser International President Tom Smith says police are paid about $600 plus travel expenses to oversee a two-day training session on their days off. "We bring in officers for their expertise," he says. "You don't have nurses train pilots." Armor Holdings spokesman Michael Fox says the employment of police is "widely accepted" in a competitive industry. Law enforcement analysts say the arrangements are troubling. "You have police officers who are supposed to be looking out for their departments when they have another competing interest" in a private company, says David Harris, a University of Toledo law professor who has studied police conduct. Hartford, Vt., Police Chief Joseph Estey, president of the International Association of Chiefs of Police, says the arrangements are "a kind of minefield" for police executives. Estey says he "probably would not" allow an officer to work for a supplier. Equipment suppliers say the police who work for them are not involved in sales. "Police officers learn best from other officers," says Terry Naughton, ASP's director of corporate sales. One major supplier to police, gunmaker Smith & Wesson, does not employ active-duty officers. "I see it as somewhat of a conflict of interest," spokesman Paul Pluff says. "We don't do it." Source: USATODAY.com web site. Retrieved April 25, 2005 from http://www.usatoday.com/news/nation/2005- 04-24-tasers-police_x.htm?csp=14&POE=click-refer ----------------------------------------------------------------------------------------------------------------------------------------------- This one may go under the category: "No good deed goes unpunished". Is it good will when the Taser company contributes to the families of fallen officers or a marketing tactic? Taser contributes to police families By Kevin Johnson, USA TODAY WASHINGTON - Barely 24 hours after Officer James Prince was gunned down during a traffic stop in January in rural North Carolina, a package arrived in the office of Boiling Spring Lakes Police Chief Richard White. Inside, the chief says, was a black envelope embossed with a police badge. Attached was a message with the condolences of the Taser Foundation and a check for $6,500, made out to Prince's family. White knew Taser was a prominent maker of stun guns, a device he was urging the city to add to his department's arsenal to help police incapacitate suspects without using firearms. But White recalls being so impressed by the company's generosity toward Prince's family that he decided there was no question where he would take his business when the department ordered its first batch of stun guns: Taser."It definitely got us thinking about doing business with them," says the chief, who recently included the devices in a budget request for the seven-officer department. "I remember (the check) arrived even before the funeral. (Taser) certainly will be held in high esteem in my mind." Taser's contribution was one of dozens it has made to the survivors of police officers who have been killed since late last year. In police departments across the country, the gifts have created warm feelings for Taser International, the dominant supplier of stun guns in the USA. Taser has sold more than 130,000 stun guns to about 7,000 of the nation's 16,000 police agencies. 'A little more sunshine' Like White, many police officials have considered the checks from the foundation created by Taser International to be simply a gesture of kindness. But some law enforcement analysts have a more critical view of the foundation's gifts. They say the work of the company's foundation, while generous, also allows Taser to boost its image among police at a time when the company is under fire over whether stun guns, which emit electrical charges to temporarily incapacitate suspects, might have caused dozens of deaths. "This is something that calls for a little more sunshine," says Samuel Walker, a University of Nebraska professor who studies law enforcement conduct issues. "We're in an area where appearance is everything." David Harris, a University of Toledo law professor who also analyzes police behavior, describes the foundation as a "very, very savvy" program. "If you want to be cynical about it, you'd have to say, 'Isn't this a little too convenient?' " Of the 53 grants listed on the Taser Foundation's Web site recently, at least 34 recipients were the survivors of officers who were in departments that use Taser devices or have considered buying the weapons, according to a review of the list by USA TODAY. The foundation has issued 69 grants to families totaling about $416,000. Taser President Tom Smith says his company's marketing efforts and its foundation are separate operations, and he says he is "shocked" that anyone would suggest the foundation was an attempt to curry favor with police agencies. He says the foundation's awards are not based on whether a deceased officer's department has a contract with Taser. "The one goal of the foundation is to help families in a time of need," Smith says. "There is no tie whatever to sales." Smith says Taser established the foundation late last year with a $1 million endowment provided by his company and its employees. "We work with (police) every day," Smith says. "We just wanted to reach out." 'The company is giving back'Craig Floyd, chairman of the non-profit National Law Enforcement Officers Memorial Fund, says he believes the foundation is operated in the best interests of slain officers. "I know Rick and Tom Smith (company founders), and I've never seen such passion for the profession," Floyd says. "They are committed to making law enforcement safer. The company is giving back to an industry they have business in." Floyd acknowledges that Taser is a sponsor of his fund, which maintains a memorial to slain officers in Washington. Also listed as sponsors of the memorial fund are police equipment suppliers such as Glock, a major firearms maker; Motorola, a maker of police communication systems, and Armor Holdings, which makes bulletproof vests and other gear. "When you are talking about business, you always have people second-guessing motives," Floyd says. "But it's hard for me to question what they are doing. I think the practice is commendable." Such sentiments are echoed by New Orleans police Capt. Marlon Defillo. Last year, New Orleans Officer Nichole Johnson was killed while on duty, and a check from the Taser Foundation arrived in Louisiana several weeks later. "We didn't think it was a conflict," Defillo says. "They (foundation officials) wanted to support the family. In our estimation, it is apples and oranges. We thought it was a good gesture on their part." New Orleans police have purchased about 20 Tasers. California state Assemblyman Mark Leno, a critic of Taser's marketing efforts, has called on the company to disclose the names of officers the company has employed to train other police to use stun guns. Leno says there is more to the foundation than good gestures. "The public relations machine" at Taser, he says, "is well-greased. I've never heard of such a thing." Source: USATODAY.com web site. Retrieved April 25, 2005 from http://www.usatoday.com/news/nation/2005- 04-24-coplobby-inside_x.htm?csp=14&POE=click-refer ---------------------------------------------------------------------------------------------------------------------------------------------- The negligent retention of a problem employee creates an ethical dilemma for the police administrator. Balancing the civil service right of an employee to retain employment against the duty of administrators to provide professional service can have disastrous results if not handled correctly. Here is a media account of one such situation. Apache Junction police face audit Jim Walsh, The Arizona Republic, Nov. 20, 2002 Arizona - The Apache Junction police department will be audited from top to bottom in the wake of revelations about possible warning signs missed before a sergeant with a mental condition shot a 16-year-old boy to death. The management audit was approved unanimously by the City Council on Tuesday night as officials seek answers about whether Sgt. Robert "Woody" Haywood was fit for duty when he shot Ali Altug to death on April 19, 2001. Haywood claims the boy lunged at him with a knife. But Ali's father, Reha Altug, said Ali was a threat only to himself. Documents describe several instances that call Haywood's mental state into question and reveal that a SWAT team leader and doctor both considered him a potential threat to the public and to other officers. Police Chief Robert Warner said he knew Haywood was being treated by a psychiatrist and relied primarily on the doctor's opinion when he removed the officer from SWAT but kept him on patrol. But Warner said he was unaware of a memo written by Sgt. Rick Salmon, the SWAT team's leader, and incidents where Haywood mistakenly reported that a man pointed a gun at him and that he was under fire." That, for me, is a central concern," Interim City Manager George Hoffman said. He acknowledged that various city employees were aware of a series of incidents but no one person put them together before the shooting. The review would examine whether the city uses the proper procedure to determine the fitness of officers and how to launch an "early warning employee tracking system" to monitor stress. The council also Tuesday agreed to pay $50,000 to settle a lawsuit filed by Haywood. Source: AZCENTRAL.com web site Retrieved April 26, 2005 from http://www.azcentral.com/specials/special21/articles/1120ajreview200.html ------------------------------------------------------------------------------------------------------------------------------------------------------ In the following story, an attempt to raise money for a worthy cause is criticized as showing violence as fun and objectifying women. Critics Rip Girls With Guns Campaign April 19, 2005 Canada - A Guelph (Canada) fund raising campaign known as Girls with Guns that grabbed national attention in the past is firing up controversy once again. Last year's campaign poster, which depicted eight local female police officers dressed in evening wear and toting guns, was the brainchild of Sgt. Cate Welsh, who oversees the Guelph patrol unit, and Const. Lisa Lakatos, of the force's sex crime unit. The two Guelph cops have now hung up their slinky dresses and guns from last year's campaign in exchange for crop tops and belt buckles shaped as firearm targets in this year's ad. "Everything about this ad is problematic," said Andrea Gunraj of the Metropolitan Action Committee on Violence Against Women and Children. "It shows violence as fun. It objectifies women." Anyone who sees the campaign as violent is "reading too much into it," said Guelph police Chief Rob Davis, who approved the ad. The two officers are hoping to raise $25,000 for Hospice Wellington Source: TorontoSun.com Retrieved May 1, 2005 from http://www.torontosun.com/News/Canada/2005/04/19/1003486-sun.html ---------------------------------------------------------------------------------------------------------------------------------------------