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Careers: Police/Suspension/firing procedure
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Question
Hi,
I have a question for a story I'm writing. What is the typical procedure for the suspension and/or eventual discharge of a police officer (specifically, in this case, a detective) whose behavior and performance have been problematic?
In the story, this discharge would come about after repeated instances of recklessness and failure to follow procedure (yes, it's that kind of story -- sorry). Would there be a period of suspension first? Any kind of disciplinary review or hearing in which the officer could attempt to defend himself? If so, who would conduct such a review and what might it consist of?
Kenny,
It depends on a lot of things. If the state where the detective works has a Law Enforcement Officers Bill of Rights then the detective is guaranteed certain rights and a department cannot just fire or suspend him without probable cause, hearings, and a trial board. If the department has a union then he would be represented by a competent union attorney and unless he has committed a criminal offense there is no way that he is going to get suspended or fired. If he lives in a state where there are no unions or laws that protect police officers then he could conceivably be suspended without due process.
In MY state or MY department if these instances of "recklessness" were that bad then Internal Affairs would investigate the allegations and the detective would be afforded an attorney at all stages of the investigation. If Internal Affairs comes to conclusion that the detective did violate departmental rules then they would recommend a certain punishment to the chief who could either go with it, reduce it, or increase it. If the detective didn't like it then he could ask for a hearing board consisting of three officers, one of equal rank, and these three would come to a conclusion.
But of course this only applies to MY state.
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Answers by Expert:
Jack Toomey
Expertise
U.S.: I am an expert in this category for the purpose of giving young people an idea what the hiring process involves for the position of police officer. I am getting a flood of questions from young people who are being influenced by unrealistic television shows. I'd ask you to consider that when you watch police shows on television that they are NOT realistic and most of what you see does not happen in real life. Please do not ask me about potential jail sentences that you, your friends, or family might receive in court. There is no way for me to know that. I am NOT a probation officer so I cannot answer questions about probation and parole matters. I am a retired police officer with 26 years experience.I worked in a variety of assignments including investigations, homicide, sex crimes, runaway investigations, missing persons, and fraud.I also dealt with the general public during that time giving a wide range of advice on matters such as domestic disputes, problem solving, teenage problems, civil/criminal matters, and dealing with the mentally ill. I am available to give sound and reasonable advice which can solve most problems. Please do not ask me to do homework questions or online interviews. Young people should not rely on the Internet for interviews. Local police officers are normally very agreeable to assist students with interviews and surveys.
Experience
Worked as a police officer/detective for 26 years.
Graduate of the University of Maryland.B.S. in Law Enforcement.Attended numerous schools and training courses involving investigations, interviewing, interrogations, crime detection, domestic violence, and others. Recognized in court as an expert witness.
Received numerous awards during my police career for expert investigations. Handled the most sensitive and confidential investigations. In 1999 I won an award for my work with high school students while working in my new career in a large suburban high school.
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