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If”: " 'iv‘L “2 i' 21‘: .. “III" ‘ I;.;I .I“‘II II 'I'II"III III' ' 43*; :I'If- 'I" 1:15” I; . 3 Li” : o "I . 'i- . -I . . ‘uhII L "'I""" I *"iI'I'I ,- 14%);1' Q., I I: .IMI‘QIQM'M'MMMMMQ ”IQ' '.‘ ILL “find!“ "”I' a, 5!.- ,1 [LILI‘IIQIIIIII I'I Ir .‘I'III‘I— ‘QMIQQQQIQIQUQQMQQQ . . . . I_L "11173;:__ llllllllllllllllllllllllllllllllllIll“lllllllllllllllllll 31293 00780 1990 i ”may Mic"‘86!!! State University J .— L This is to certify that the thesis entitled An Examination of the Effect of A Police Officer's Age at the Time of Employment on Involvement in Misconduct ' presented by Susan C. H. Shortreed has been accepted towards fulfillment of the requirements for Master of Science degree in’ Criminal Justice Major professor Date February 24, 1989 0-7639 MS U is an Affirmative Action/Equal Opportunity Institution PLACE ll RETURN BOX to remove this checkout from your record. TO AVOID FINES return on or bdom due duo. DATE DUE DATEDUE DATE DUE MSU Is An Alfirmdlvc ActlcNEqual Opportunity Institulon Womb-a1 AN EXAHINATION OF THE EFFECT OF A POLICE OFFICER'S AGE AT THE TIME OF EMPLOYMENT ON INVOLVEMENT IN HISCONDUCT by Susan C.-H. Shortreed A THESIS Submitted to Hichigan State University in partial fulfillment of the requirements for the degree of MASTER OF SCIENCE School of Criminal Justice College of Social Science 1989 004333! ABSTRACT AN EXAMINATION OF THE EFFECT OF A POLICE OFFICER'S AGE AT THE TIME OF EMPLOYMENT ON INVOLVEMENT IN MISCONDUCT By Susan C.-H. Shortreed The purpose of this study is to assess the effect age has on a police officer's misconduct by measuring the relationship between a recruit's age at the time of employment and his/her involvement in acts of misconduct. The findings are discussed with regard to the establishment by police agencies of age as a Eona Fide Occupation Qualification. The data was derived from.ena1ysis of~a stratified random sampling of disciplinary records of 350 police officers in a major metropolitan police department. Bivariate analyses were conducted on two categories of officers: officers 18, 19. and 20 years of age, and officers 21 years of age and older. The major findings of this study are as follows... ...A statistically significant difference exists between the number of acts of misconduct committed by officers under 21.and officers over 21 ...A statistically significant difference exists between the level at which disciplinary proceedings were initially adjudicated between officers under 21 and officers over 21 .The recidivism rate for officers under 21 involved in acts of misconduct is over 50% Copyright by SUSAN C.-H. SEORTREED 1989 To my daughters. Kimberly and Mary. Although you're too young to fully understand, your sacrifices were the largest. iv ACKNOWLEDGEMENTS I would like to thank those individuals who made this thesis a reality. My deepest gratitude is tendered to Dr. David Carter, thesis committee chairman, who provided the advice, patience, and encouragement I needed to complete this project. I also extend my thanks to Dr. Robert Trojanowicz and Dr. Robert warden. committee members. I am indebted to Dr. Clinton Donaldson, who opened the doors for this research to be conducted and who persevered through all obstacles; and to the principal officers of the Metropolis Police Department, for their generosity in supplying the much-needed data to conduct this study. Personal thanks is also given to two friends who were supportive to this project in a variety of ways, both directly and indirectly: To Cathy Palm, who generously gave so much of her time. Through her invaluable comments and various corrective suggestions, I benefited substantially. To Mary Beth Veda. who unfailingly supplied the firm support and understanding I frequently called upon. Perhaps belatedly, I am forever grateful to Russell Shortreed for the day-to-day unspoken sacrifices he made, and for all the times he was both mother and father to our children. TABLE OF CONTENTS CHAPTER I INTRODUCTION TO THE RESEARCH 1 The Problem Recruitment Requirements Affirmative Action Programs Ideal Recruits Initial Observation Undesirable Recruits The Purpose of the Study Hypothesis Definition of Terms ‘ CHAPTER II LITERATURE REVIEW 19 Previous Research Court Decision Outside Jurisdictions Alternative Programs Age as a Bone Ride Occupational Qualification CHAPTER III METHODOLOGY 33 The Study Site Study Group Composition Data and Sample Control Group Composition Subgroup Composition Disciplined Officers Composition Variables CHAPTER IV RESEARCH QUESTIONS AND TABLES 39 Table 4-1 Effect of Officer's Age at Employment on Officer's Assignment at Time of First Act of Misconduct Table 4-2 Effect of Officer's Age at Employment on Officer's Assignment at Time of Second Act of Misconduct Table 4-3 Effect of Officer's Age at Employment on Officer's Assignment at Time of Third Act of Misconduct vi Preh- IFQQCDO‘IJSNH 20 21 25 28' 30 33 34 34 35 36 36 37 39 4O 40 Table Table Table Table Table Table Table Table Table Table Table Table Table Table Table 4-10 4-11 4-12 4-13 4-14 4-15 Effect of Officer's Age at Employment on Officer's Duty State at Time of First Act of Misconduct Effect of Officer's Age at Employment on Officer's Duty State at Time of Second Act of Misconduct Effect of Officer's Age at Employment on Officer's Duty State at Time of Third Act of Misconduct Effect of Officer's Age at Employment on Initial Level of First Misconduct Adjudication Effect of Officer's Age at Employment on Initial Level of Second Misconduct Adjudication Effect of Officer's Age at Employment on Initial Level of Third Misconduct Adjudication Effect of Officer's Age at Employment on Type of Misconduct-~First Offense Effect of Officer's Age at Employment on Type of Misconduct--Second Offense Effect of Officer's Age at Employment on Type of Misconduct--Third Offense Effect of Officer's Age at Employment on Disposition of First Act of Misconduct Effect of Officer's Age at Employment on Disposition of Second Act of Misconduct Effect of Officer's Age at Employment on Disposition of Third Act of Misconduct Effect of Officer's Age at Employment on Level of Appeal for First Act of Misconduct Effect of Officer's Age at Employment on Level of Appeal for Second Act of Misconduct Effect of Officer's Age at Employment on Level of Appeal for Third Act of Misconduct vii 41 41 42 42 42 43 44 44 45 45 - 46 46 46 47 47 Table 4-19 Effect of Officer's Redefined Age at Employment on Assignment at Time of First Act of Misconduct Table 4-20 Effect of Officer's Redefined Age at Employment on Assignment at Time of Second Act of Misconduct Table 4-21 Effect of Officer's Age (Gender, Race) at Employment and Assignment at Time of First Act of Misconduct Table 4-22 Effect of Officer's Age (Gender, Race) at Employment and Initial Level of Second Misconduct Adjudication CHAPTER V DISCUSSION 51 Overview of Study Discussion of Findings Implications of Findings Financial Cost of Misconduct Intangible Cost of Misconduct Citizen Confidence Community Leaders Expert Opinions Informal Disciplinary Proceedings Analysis of Corruption in Large Cities Recommendations Reevaluation of Hiring Criteria Alternative Hiring Practices LIST OF REFERENCES 77 viii 48 49 49 50 51 52 59 60 63 64 65 65 67 7O 71 71 72 CHAPTER I INTRODUCTION This study will focus on issues of misconduct among officers in a major metropolitan police department; specifically, the study will delve into the ramifications of recruiting and hiring policies of a large, urban police department and how those policies align with the needs of the community it serves. Because anonymity was guaranteed to this police department, for purposes of this paper, the department is referred to as the Mbtropolis Police Department (MPD). In response to the needs of the community, the Metropolis Police Department has instituted changes in a variety of areas. For example. the MPD developed an innovative crime prevention program.which became the model for other police departments to pattern their programs after. Also, in order to dispel the perception of an “occupation army“ and to address the “quality of life” problems in the inner city. satellite police stations were installed throughout the neighborhoods and business communities. In addition. Affirmative Action programs were vigorously undertaken in order to reflect the demographics of the urban community more accurately. Of course, the programs listed above are in addition to the primary functions which are common to all police departments. Traditionally, the functions of a police department are to keep the peace within the community. investigate crimes. initiate a defendant into the crimdnal justice system (obtain criminal warrants, update crimdnal records via computer. etc.). prevent crime, and adjudicate disputes “on the street“. The MPD has recognized the need to update and upgrade its procedures and policies and has been effective in the areas which have been given attention. It is this paper's contention that recruiting and hiring policies are crucial and are in need of upgrading. With the assistance of statistical research. recruiting policies can be formulated which reflect the needs of the MPD as well as the community and can be utilized by other agencies to assist in establishing hiring criteria that meet their needs. In keeping with these traditional functions, the police department historically recruited with these functions in mind. Establishing criteria and guidelines for recruiting efforts are of the utmost importance. As per the City Manager's Yearbook of 1931. this was true: “It is generally agreed that a high standard of entrance should be required for all police applicants. as carefully selected police personnel are the foundation upon which successful police administration is built.“ (p. 1) Because police departments are still required to maintain traditional goals and objectives as well as incorporating new technology (CAD computer systems, LEIR computers, etc.) and ideas (Community Relations programs, team policing. etc.), the recruiting process is even more crucial and it is imperative that recruiters have well defined standards and guidelines to assist them in their endeavor. This was recognized as far back as 1931. when the City Manager's Yearbook warned. “When a department fails to function properly, the cause is found in its low entrance standards or inferior or 'improper' selection. Because of the enormity of the task of policing a community. it is necessary to emphasize the fact that the best human material in the country is none too good for the police service.“ (City Manager's Yearbook. 1931:1) Some of the reasons the best possible recruiting efforts need to be maintained are as follows. As Goldstein stated, '...it is imperative that there be increased recognition of the realities of police work, of the multiplicity of functions assigned to the police. the limited need for combat like activities, the use police make of various alternatives, the discretion that must be exercised at the lowest levels in the organization, and the high value attached to restraint and accountability for one's actions.“ (Goldstein 1977:259) The officer who is in a scout car. walking a beat, answering a myriad of questions, taking complaints, etc., becomes the police department's “customer service representative“ to the community. He/She is charged with the responsibility for making instantaneous decisions, often without the opportunity to sort out conflicting information, or only with access to fragmented bits of information. Police officers are often called upon to fit these “jigsaw“ puzzle pieces of information together and base their decision upon the “picture” they are able to formulate. whether or not some of the “jigsaw puzzle“ pieces are missing. Nevertheless, the impetus for analyzing the situation is upon the officer. who is ever-mindful that any decision that he/she makes may be subject to “Monday Mbrning Quarterbacking' by superiors. In addition to the importance of quality police officers at the baseline level. the decision of who to employ or not has long-range effects. In the police department. supervisors at nearly every level are promoted from the ranks. The ”age factor“ at the time of employment can also affect the promotional process. To be promoted in the Metropolis Police Department. an officer needs to have only two years on the job and a baccalaureate degree, or two and one-half years of service and two years of college. Since the implementation of affirmative action programs, the makeup of Metropolis Police Department has changed dramatically. In 1984. blacks comprised 32% of the papulation in Metropolis and 3% of the police force. Affirmative action programs were implemented in 1973 and. as a result. in 1989, 49% of the police officers are black, as is 71% of the population. An affirmative action program affects the promotional process in this particular instance because it allows for supervisors being eliglbe for promotion at a younger age and with much less experience than more traditional promotional policies. Therefore, it is imperative that officers possess life experience skills when they are hired, as they may be promoted before they have had time to acquire them on the job. As critical as a police officer's decisions are. a supervisor's decision-making powers are even greater. Metropolis Police Department's promotional process takes into consideration an officer's length of service. level of education, military experience, and service rating. as well as written and oral examination scores. Under a traditional promotional process, a new recruit could not acquire sufficient points in these categories to place ”high enough“ on an eligibility list to be promoted. The need to comply with an affirmative action program.supercedes the chronological order. For example, a white female that wrote an 82% on the written score (of a possible 100%), received 47 points at an oral board (of a possible 50 points), has two years on the job, and has a high service rating, placed 162 over all among eligible candidates. Under traditional promotional practices, this individual would not have been promoted. However, at 162. this policewoman is the fifth-highest white female on the promotional list and is very likely to be promoted. This point is not made to denounce the need for an affirmative action program. but rather to emphasize the need to hire recruits that already possess maturity and academic skills. Theoretically, an officer who was hired at 18 years of age could be promoted to the rank of sergeant at the age of 20. Also. beyond the rank of lieutenant, promotions are at the discretion of the Chief of Police, which makes the levels of Inspector, Commander and Deputy Chief susceptible to political favoritism. Most police department administrators would agree that recruits should be of the “highest quality and standards“. However, the problem lies in defining such general terms as “high quality and standards“ with specific characteristics. The President's Crime Commission chose to define quality in such a way as to include not just applicants with better education. but also those who more accurately represented the area they were going to police. The National Advisory Commission on Criminal Justice Standards and Goals were no more specific in defining quality, but it went on to urge research to find out what abilities and personalities are necessary for the police officer's job and to develop procedures for validating the selection system. (National Advisory Commission on Criminal Justice Standards and Goals. Police, 1973:337, 348-351) It is imperative that police departments set high standards for recruits that meet the department's goals and objectives for the reasons stated above. Needless to say. police departments do not necessarily recruit properly. According to Goldstein (1977), ”An aggressive recruitment effort. no matter how impressive, will be ineffective in producing needed change if it seeks individuals judged capable of performing tasks related to the stereotyped, mythical concept of policing, rather than the actual duties police are called upon to handle.‘I (p. 259) Goldstein (1977) also stated: ”It is imperative that administrators clarify their goals...or they risk the chance of failing to recruit the best personnel, with the misperception that the problem lies in the standard set. when, in fact. it may be an inaccurate assessment of the police function.“ (p. 258) While traditionally a recruit may have felt that he,(until a few years ago. they were all ”he's“ with rare exceptions) needed to project an aggressive “macho“ image and could rely on physical size and intimidation for “street enforcement” today's recruit needs to be more judicious as well as to have a more 'cosmopolitan"attitude compatible with a large, cosmopolitan community. Today's "Ideal Recruit“ would possess: 1. Academic Skills: Academic skills are most frequently measured through years of education. Vith the multitude of demands placed on police officers. as well as the trend toward professionalism in police work. police agencies are finding a need to implement a higher education requirement. for employment by the agency. 2. The ability to abide by the rules and regulations of a paramilitary organization such as a police department. One determinate of this quality would be military experience. Other determinants could be group memberships. i.e., ROTC; church or community organizations; prior job experience; criminal record. 3. naturity: Age is frequently used to measure maturity. Life's experience broadens an individual's perceptions and exposes them to a variety of situations which enhances their ability to cope with everyday stresses. As Goldstein (1977) observed, “What can be said about these qualities...a high level of intelligence is obviously crucial...an officer must have the sort of inquiring mind that questions prevailing practices and comes up with new ways to improve the quality of police service...recruits should be able to understand the cosmopolitan nature of an urban area and appreciate differences between cultures...further, in a job that consists chiefly of relating to people, officers must have the self-discipline and maturity to enable them to deal with others in a clinical manner without outward display of emotion, that will equip them to tolerate stress in any number of different situations. and that will cause them to take an intense interest in incidents which, though routine for them, are crises in the lives of others.” (p. 273) When a police department neglects to hire applicants who possess the necessary qualities. such as academic skills. the ability to follow the rules and regulations, and maturity, they run the risk of hiring undesirable recruits: for example. the “aggressive“ macho recruit who is still idealistic and views the world in terms of black and white. He/She has little tolerance or understanding for persons with differing lifestyles and idealogies. He/She is very rigid in decision-making. A second type of undesirable applicant would be the 'unmotivated' individual. He/She would be ambivalent to the needs of the community and views policing as a job rather than a career: someone that would be attracted to the security of a civil service atmosphere where once hired, it becomes extremely difficult to fire. The individual's sole motivation is to receive (not necessarily earn) a paycheck. The “immature” applicant is equally as unacceptable. He/She is the type of person that lacks self-confidence and would hesitate to make a decision. Because he/she cannot make quick assessments or take decisive action. he/she becomes a liability. This individual is more vulnerable to the job's temptations and would require close supervision. In recent years. while assigned to an internal investigative bureau in a large police department, this researcher observed repeated disciplinary problems among officers who exhibit these type of behavioral styles. The number of incidents appeared to increase after 1985. when hiring drives recruited 1,666 officers during a two-year period. The problem appeard centralized among new, younger recruits and ranged from.department misconduct to serious crimes. Secondly, these same officers became involved in several incidents over a relatively short career. It appears there was a simdlar pattern of disciplinary problems in Hetropolis Police Department in 1977, when 1,207 officers were hired after a two-year moratorium on hiring. These two hiring drives occurred subsequent to the lowering of the department's age criterion from 21 to 18 years of age. In this research study. the writer will attempt to determine if the lower age requirement contributed to the apparent increase in disciplinary problems. A review of the existing literature revealed that research has not adequately addressed the age criterion. The learned are of conflicting Opinions. most of which are not based on factual data. This conflict is reflected in the establishment by police agencies of minimum.age requirements, which appear to be capricious and arbitrary and are not supported by empirical data. Poor recruiting practices have far-reaching effects on a police department and the community it serves. Young recruits, who are often hired at a frenzied pace by recruiters who are under pressure to fill large quotas with short-term deadlines (naturally in compliance with all government mandates) are certainly not scrutinized as carefully as recruits hired through a gradual. continuous hiring drive. This tenuous situation is compounded by the ineffective manner in which such an overwhelming group of recruits are implanted in the 'systenr. These problems were acknowledged by Metropolis Police Department, and programs were implemented whereby senior officers volunteered to work with new recruits and provide on- the-job training. Unfortunately, their efforts were futile. 10 Vhen an officer is hired at 18. 19. or 20 years of age. he lacks the maturity and academdc skills to perform the myriad of responsibilities demanded of a police officer without close supervision. As a result of the mobility of police officers as well as their varied responsibilities. it is difficult for a supervisor to be aware of the activities of each scout car crew. and to a great extent. management depends on veteran partners to provide direction. to be mentors. if you will. to new recruits. Due to the tremendous influx of new recruits. letropolis Police Department was forced to assign rookies to work scout cars with other rookies. minimizing the opportunity for veteran on-the-job training. which again emphasizes the need for recruits to possess maturity and academic skills when they are hired. Officers who met the criteria of being young and poorly recruited exhibited the following types of behavior: For example. two rookie partners. after getting off duty and still in partial uniforms. solicited the services of a prostitute. Unwilling to pay the 315 service fee. one of the officers pulled his service revolver and attempted to obtain the services for free. Obviously. this behavior is indicative of immaturity and is not the behavior desired in a police officer. A second incident involving a rookie officer occurred while on duty. on foot patrol. The officer walked up to a bank teller's window and slid her a note which read. ”I have a gun give me all your money“. Initially. this incident was taken seriously. Upon further investigation. it was more along the 11 lines of a "kid'. playing a prank rather than a "Jessie James holdup“. Further exemplifying this immature behavior was an incident involving a student police officer on his way to the police academy. smoking marijuana. when he was observed by an academy instructor. If an officer is ever going to be on his/her best behavior. it is going to be when they are in the academy. If an officer is going to flaunt the rules and regulations in the academy. chances are when they are on the street with minimal supervision. there will be little thought given to obeying department policies. A final example of an officer that lacks the maturity and skills to be a professional officer occurred while the officer was off-duty. The officer. dressed in full uniform. returned to his precinct. commandeered a scout car and proceeded to make numerous traffic stops. robbing each citizen of their money and jewelry. Obviously. this officer was “in over his head”. He was given too much authority and power and did not possess the basic judgemental skills nor the life experience necessary to appropriately cope with decision-making. These are the acts of immature officers who had not thought through the consequences of their actions. In each of these incidents. the officers had less than two years on the job and were under the age of 21 at the time of the incidents. 12 The Purpose of the Study The purpose of this study is to assess the effect age has on officer misconduct by measuring the relationship between a recruit's age at the time of hire and their involvement in acts of misconduct. Specifically. do younger officers have more disciplinary problems than older officers. Utilizing the results of this research and the use of age as a predictor of misconduct. a progressive department which has accurately assessed their function and goals can then rationally decide whether younger recruits can effectively perform the multiplicity of functions assigned to a police officer. A police agency will then be able to more accurately establish appropriate criteria for minimum age standards. Hypothesis Be: There is no significant difference between age of employment and involvement in misconduct. Specifically. officers who are 18. 19. and 20 years of age when they are hired by a police agency will be involved in the same number of acts of misconduct as officers who are 21 years of age or older when they are hired. Definition of Terms The following are operational definitions of terms used in this study. 13 Eglnnx: A felony is an offense that the legislature has so designated. If there is no designation of felony or misdemeanor. and the offense is punishable by imprisonment in the state prison. it is a felony. A felony can only be tried in a Circuit Court. This definition is controlling only in determining the convicted person's record. where he will serve his time. if any. and what court the offense will be tried in. For the purpose of arrest. and how that arrest will be made. a felony is a violation of a penal law of this State for which the convicted offender may be punished by death or imprisonment for more than one year. as well as any offense which is specifically designated by law as a felony. (781.1) This study included the following felonies: Criminal Sexual Conduct - Third Degree Felonious Assault Carrying a Concealed Weapon Mail Fraud Homocide M.D.P. Over $100 Robbery. Armed Larceny welfare Fraud Inadeneannz: In this study. the term ”Misdemeanor“ will incorporate Simple Misdemeanor. High Misdemeanor and Circuit Court Misdemeanor. Simple Misdemeanor: An offense punishable by not more than 90 days imprisonment and/or $100 fine and is tried by the District Court. 14 ' High Misdemeanor: An offense punishable by not more than one year imprisonment and whatever fine may be provided for. This offense is tried in District Court. Circuit Court Misdemeanor: An offense designed by statute as a Misdemeanor and punishable by more than one year imprisonment. This study included the following misdemeanors: This Stolen Plates Fraudulent Certificate of Insurance Failed to Register'Gun Intentionally Aim.a Firearm.at a Citizen Possession of a Dangerous Drug Falsely Report an Abduction Conviction in Criminal Court Other than Minor Traffic Minor in Possession of Alcohol Accident While Intoxicated Possession of Marijuana Accosting and Soliciting Reckless Use of a Firearm Abducted and Coerced Under Threat of Arrest Misconduct: Violation of Department's_Rules and Regulations which govern the behavior of police personnel. study included the following acts of misconduct: leglect of Duty Failed to Maintain Minimum Academy Standardse Failed Probation Period Mistreatment of Any Person or Prisoner Shots Fired - Unjustified Fail to be Punctual in Attendance to All Duties Fail to Report for All Duties Engage in Police Action in Personal Controversy Abusive Use of Sick Time Ignorance of Rules and Regulations Failure to Exercise Care and Practice Economy (Department Equipment) Fail Drug Screening Test Vilfully Make a False Oral or Written Statement Vilful Disobedience of Rules and Orders Consume Alcoholic Beverages Rendering Unfit for Duty 15 i This category encompasses all acts of misconduct committed while an officer is in the police academy. including failing to meet state-mandated academic skills. Sustained: The allegation was found to be true by the investigative body. and the finding was upheld at a Departmental Tribunal. lh1_8usta1ned: The allegation was found to be true by the investigating body: however. it was not upheld at a Departmental Tribunal. Levels of Discipline Qiiinial.flepzimand: The first form of discipline at the level of an officers' superior officer. who shall be empowered to reprimand an officer in writing for minor misconduct. Commandgst,Heazing: This hearing is the second form of discipline. Upon a full investigation of allegations against an employee. a Commander shall be empowered by the Chief of Police to conduct a hearing and to render a disciplinary penalty of up to three days for two offenses. ChiaiLa.Heazings This hearing is the third form of discipline. Upon a full investigation of allegations against an employee. the Chief may conduct a hearing and render a disciplinary penalty. The penalty may include dismissal. I:ia1,Bnand: The fourth form of discipline is the Trial Board. When serious charges are made against an employee. the matter may be referred to a Trial Board. All Trial 16 Boards shall be made up of one command officer of the rank of Commander or higher: and two command officers of the rank of Inspector. who shall be chosen by lot. Baazd,o1,En11ge,Commissignezs; The Board of Police Commissioners is a final quasijudicial determinant of guilt or innocence. Instead of hearing an appeal of de novo from a Trial Board itself. the Board may appoint a fact finder. The Board's disposition of any disciplinary matter shall be final in the line of administrative remedies. Probationary Regieu,noand: A board of three department executives enpanelled to hear evidence regarding disciplinary matters involving student police officers attending the police academy. The review board may retain jurisdiction for one year. The board has the power to impose a penalty. recycle an officer. or dismiss the officer from the department. Anhitzation: Any employee not satisfied with the decision rendered at a Trial Board may request the union to appeal the Trial Board decision to arbitration. If an employee decides to appeal the Trial Board decision to arbitration. the employee may not process his appeal. with regard to the same matter. to the Board of Police Commissioners. Arbitration is a full de novo review. 17 Level Of Appeal: W:ittan,Repninand: A written reprimand may proceed immediately by way of appeal to a Trial Board and then to the Board of Police Commissioners. Commended: AndLQr. ChiafLa Hearing: Any employee not satisfied with the decision rendered at a Commander's or Chief's Hearing may proceed immediately by way of appeal to a Trial Board. Inial.Bnand: Any employee not satisfied with the decision rendered at a Trial Board has the option of proceeding to arbitration or to the Board of Police Commissioners. Note: In no event shall any penalty be increased from.that rendered in the original hearing. 18 CHAPTER II LITERATURE REVIEW In the past. the criteria used in hiring was based on objective qualifications such as height. education. and age- minimum and maximum. These standards could be easily measured. i.e.. an applicant could be accepted or rejected based solely on whether or not he/she met the standard. If the height requirement was. for example. 5'10“ - 6'4”. a recruiter could determine if the standard was met by using a tape measure. Similarly. if weight was an issue. one trip to the scale could determine whether or not the recruit met the standard. In recent years. standards such as height and weight have been abolished due to community demands. as well as court decisions mandating these changes. and more subjective standards have taken their place. Herein lies the problem. There are no “cut and dried” standards. Everyone is in agreement that standards are needed. Previously. standards were set using the measuring stick and scale. Now that these “tools“ for measuring standards have been abolished. what has taken their place? How does one measure qualities such as maturity. flexibility. foresight. empathy. etc.? These are just a few of the qualities a police officer needs to police a changing community. The Police Department has responded to changes in society which has broadened its scope and made it more sensitive to community demands. i.e.. community policing and problemroriented policing. 19 Because society has come to expect an officer to function beyond a ”cops and robbers“ level. an officer needs the aptitude and skills for dealing with a more complex environment. An officer is expected to have the basic skills of a social worker. paralegal. psychologist. etc. It would be impractical to expect an 18-year-old with a high school education to have acquired even the most basic qualifications attained by these professionals who have college degrees. Either the community can lower its expectations or the Police Department can establish a higher education requirement to ensure that each officer can meet the expectation of the community. Since it is unrealistic to expect the community to lower its expectations. the option of establishing higher education requirements needs to be addressed. Carter. Sapp and Stephens (1989) articulate several distinct advantages to requiring that police applicants have a college education. such as. it develops a broader base of information for decision making. The course requirements and achievements inculcate responsibility in the individual. A college education engenders the ability to flexibly handle difficult or ambiguous situations with greater creativity or innovation and a higher education develops a greater empathy for minorities and their discriminatory experiences through both coursework and interaction within the academic environment. Further. a greater understanding and tolerance for persons with differing lifestyles and ideologies is acquired. which can translate into more effective communications and community 20 relationships in the practice of policing. Lastly. the college experience will help officers communicate and respond to crime and service needs of the public in a competent manner with civility and humanity. (p. 7) Research has shown two significant reasons why police agencies have not consistently required higher education. First. they did not feel that a higher education requirement could be quantitatively validated to show job-relatedness. Second. they feared such a requirement would be shown to be discriminatory toward minorities. thus not meeting the provisions of Title VII of the Civil Rights Act of 1964. nor be consistent with the Equal Employment Opportunity (EEOC) guidelines. (Carter. Sapp. Stephens. 1989:1) These fears prove to be groundless when the requirement can be proven to be a Bona Fide Occupation Qualification (BFOQ), i.e.. college education is job-related. BFOQ can be established by demonstrating that the tasks performed by police officers demand the qualifications acquired through higher education. Given the discretionary powers such as the decision to arrest and when to use deadly force. along with the impact of a police officer's mere presence within the sanctity of a citizen's home. there can be little doubt that the expanded knowledge and understanding acquired through education can increase an officer's ability to deal with these difficult responsibilities. \In Spurlock v. United Airlines. Inc. 475 F.2d 216 (10th Cir. 1972). the courts have attempted to measure the degree to which an employment criterion must relate to the tasks 21 performed. When the job clearly calls for a high degree of skill and the economic and human risk involved in hiring an unqualified applicant are great. the employer bears a correspondingly lighter burden to show that his employment criteria are job related. In Chrisner v. Complete Auto Transport. Inc. 845 F.2d251 (8th Cir. 1981). it was noted that employment involving public safety ”must be allowed more latitude in structuring the requirements for the position” (Chrisner at 1254). The court went on to note that the importance of the public interest in safety is sufficient to show a manifest relationship for enhanced job qualifications. Subjective criteria could be viewed as possessing a threat to the progress made by the courts by sanctioning discriminatory job requirements. A tenuous balance exists between violation of the Civil Rights Act and the needs of public safety. In Usery v. Tamiami Trail Tours. Inc. 531 F. 2d224 at 238 (5th Cir. 1978). the court ruled that ...the BFOQ test mandates that the job qualifications which the employer invokes to justify his discrimination must be reasonably necessary to the essence of his business... The greater the safety factor. measured by the likelihood of harm.and the probable severity of that harm...the more stringent may be the job qualifications. In the decision of Davis v. City of Dallas 777F.2d205 (5th Cir. 1985, Certiorari Denied to Supreme Court May 19. 1988). the court affirmed a college education requirement for police officers. Part of the court's logic in Davis was that the 22 police hold a unique position with respect to public risk and responsibility. Such a position indicates that higher standards of qualifications can be effectively established on the basis of job-relatedness because police decision-making requires the added dimension of judgement. In Davis. it was necessary to show that education was a Bona Fide Occupation Qualification. That is. that a correlation exists between requiring college credits of police applicants and the ability to perform the myriad of responsibilities associated with policing. The court ruled that although education had to be proven as a BFOQ. the validation could be accomplished through qualitative proofs such as the complexity of the police task and the public risk associated with policing. utilizing expert opinion to support these issues. In support of this position. the Fifth Circuit Court stated that ...the job of police officer falls within that category of professional type positions. the job-related skills of which are especially difficult to quantify. Characteristics which must be found in an applicant ...are not easily measured in terms of statistical analysis... Because of the extent to which the skills for an officer are not definable with significant precision...the degree of validation required to sustain the educational requirement for police officers is less than would be required to show job-relatedness for other positions (Davis at 218). Even though the thrust of research has been aimed toward defining standards in terms of education. the obvious corollary 23 to that position is to raise the age requirement as well. Simply put. it would be practically impossible for a recruit to attain the necessary college credits without also having gotten older. Moreover. the decision-making and ”life experience“ skills discussed by the courts as necessary elements for ”professional“ decision-making and use of discretion require more years of experience than is afforded to an 18-year-old. Metropolis Police Department requires all applicants to reside within the confines of the city limits. In addition to an 18-year-old's age limiting his exposure to differing community and social environments. the officer is further denied “life experience“ skills by a restrictive residency requirement. Therefore. a 21-year age requirement would be extremely compatible with both the academic requirement as well as providing an opportunity to acquire the life experiences needed of a professional officer. The courts. while considering the education issue. would have been aware that by raising the education requirement. raising the age requirement would logically follow. None of the court decisions which acknowledged higher education as a BFOQ disallowed the education requirement. citing it would discriminate against youth. This tacit implication indicates the need for education requirement in policing supercedes the discriminatory effect of this requirement. This researcher interviewed representatives of several jurisdictions which in the past recruited applicants under the age of twenty-one and have subsequently raised their age 24 requirement. In 1971. the Chicago Police Department raised the age at which applicants could apply to 20 years old. and to 21 years old when they are hired. The Miami Police Department was required to raise their age to follow the statewide standard requiring applicants to be at least twenty years old when they apply. and twenty-one years old prior to being certified. The Dallas Police Department has adjusted their age requirement several times. In 1989. they raised their age requirement from.nineteen-and-one-half to twenty-one years of age: and in 1970. reverted to the nineteen-and-one-half minimum age requirement. In 1981. the minimum age requirement was again raised to twenty—one years old. except for those applicants with Associate degrees. sixty hours of college credit. or honorable discharges from.the military who. in those instances. may be nineteen-and-one-half. Recruits are generally at least twenty years of age. as the Dallas Police Department requires all recruits to have forty-five hours of college coursework. The Houston Police Department has raised the age requirement from.nineteen years of age to twenty-one years of age due to a change in state law requirements which raised the drinking age to twenty-one. Inferred in the fluctuation of recruiting standards is the practitioner's admission that the social and legal effects of increasing the age requirement is unclear. Some jurisdictions are hesitant to establish clear. concise guidelines. as they fear the guidelines will violate Title VII of the Civil Rights Act and. further. they fear they will be subject to litigation. 25 Houston Police Department attached legal validity to a 21-year age requirement by adjusting it to coincide with the legal drinking age of that state (the age of majority). Dallas. Chicago and Miami Police Departments. by raising the hiring age to 21. appeared to have weighed the cost of voluntarily limiting its pool of candidates against the greater need for applicants to possess decision-making and life experience skills along with the need for public safety. In 1973. the Detroit Police Department lowered their age requirement from.twenty-one years old to eighteen years of age. where it has remained. Paramount to this decision was a thenr pending court decision. Schaefer v. Tannian 538 F2d. 1234 (1978). which alleged disparities existed between the age and academic requirements of men and women. Women were required to be 21 years of age and have a baccalaureate degree: men were required to have only a high school diploma. with some men being hired under the age of twenty-one. By arbitrarily lowering the age of employment to 18. the issue of job-related hiring criteria was circumvented. There is no apparent rhyme nor reason to the variance and fluctuation in the age requirement used in recruiting by major metropolitan police departments. and it appears that there is little supporting quantitative research upon which a police department can make an educated decision. This research study will begin to fill that void by providing quantitative data on the performance of younger officers (18-20-year-olds) versus older officers (21+). Specifically. the research will measure 28 if there is a statistically significant difference between the disciplinary patterns of younger and older officers. Presently. there is no literature on how immaturity affects performance and. since standards are set through expert opinion. practitioners' experience as well as research. this thesis will provide research material to assist in the development of guidelines for an age requirement. Within the limited literature available. there is some concern that a higher age requirement would cause the loss of qualified applicants. Johnson. Misner. Browman (1981) theorizes that age requirements act as an impediment to the selection and recruitment of young people who desire to enter the police service. (p. 211) Leonard (1988) recommended lowering the age requirement to allow the police to recruit persons before they became committed to other careers. (p. 87-89) Wilson and McLaren (1974) cited that the younger the candidates. the less likely they are to be exposed to some of the corrupting influences that make young persons ineligible for police service. (p. 254) In light of the community needs at the time of these writings. it is understandable that the demands placed on police officers may have been met by less mature officers. But in view of the ever-changing community and the acknowledged need for higher education. a more suitable solution would be to channel this younger pool of applicants in CSO and cadet programs. These programs would accept high school diplomas and could 27 provide tuition incentives to younger applicants. These candidates could continue their education. receiving training by assisting police officers. as well as performing non-crime- related functions. Under the traditional cadet or trainee program. a police department hires persons between the ages of seventeen and twenty-one and assigns them the responsibility of performing non-sworn police tasks or assisting sworn officers until they qualify to take the entrance examination. Such a program has been in existence in England since the 1930s and now constitutes the primary source of recruiting men to police service (Bancroft. 1988:22). In the New York City Police Department. those persons in its trainee program perform certain clerical and other tasks not directly related to crime control. receive police training and earn salaries competitive with other salaries paid to high school graduates. The trainee can take his qualifying examination before reaching age twenty-one. and when he reaches the minimum age required for sworn status. can immediately enter the service as an officer. The advantages of a cadet program.sre that through attrition. the disinterested. disillusioned applicants will leave before a large financial investment is incurred by the police agency. Further. these programs will serve as a “weeding out“ process and provide an opportunity for a more suitable candidate to enter the police academy. 28 8: Pc To further address the possible concern of police agencies that they may lose some of their pool of applicants. an alternative solution to reducing the age would be to reevaluate restrictive hiring criteria such as a residence requirement and the applicants' driving records. Pilavin (1977) suggests. as an additional source of new recruits. to create a program whereby applicants could serve as police for a ”temporary period“. (p. 5) Goldstein (1967) suggests in addition to destroying the insularity of the police. this proposal would have the potential for increasing police status. creating a more favorable atmosphere for present officers. encouraging career officers to pursue their education. and increasing community understanding of police operations, thereby generating public support for needed change by having a greater number of people in the community who had worked with the police. The notion of replacing the existing career service with a short-term service appears so radical to most police officers and to others as to sound ludicrous. But if these employees were used to assist career officers the way paraprofessionals are being used in other areas. the plan might win the support of police personnel. Many young people who would otherwise never consider police employment might be willing to put in several years with a police agency if they were not expected to commit themselves to policing as a career. A reduction in college costs would make the opportunity even more attractive. (p. 268) 29 A 21-year age requirement has social. legal and ethical ramifications. Granted. a direct correlation cannot be drawn that in all cases. a 21-year-old will be more mature than an 18- year-old. However. it is reasonable to assert that a stable continuous rate of growth will occur during that three-year period which would enhance the development of characteristics that are needed by individuals to meet the rigorous demands of police service. Through maturation. an individual becomes less rigid and more innovative in dealing with unpredictable situations. He/She has more life experiences and can see the whole picture more clearly. An older recruit would be less authoritative. more stable. reliable and would require less supervision. Again. these are difficult qualities to measure; however. in view of the diverse community needs and the dire consequences of an inadequate officer. it is imperative that a police agency invoke the highest standards for all applicants. As the court observed in Davis. few professionals are so peculiarly charged with individual responsibility as police officers. Officers are compelled to make instantaneous decisions. often without clear-cut guidance from.the legislature or departmental policy. and mistakes of Judgement could cause irreparable harm to citizens or even the community. (Davis at 215) To determine if age is a BFOQ. the same burden of proof is required as in the court rulings on education. It is reasonable to expect that an older. more mature officer will use better Judgement and possess more of the qualities necessary to police 30 a community with understanding; empathy and dedication. Age can be shown to be Job-related through the subjective qualities stated earlier. which the court has agreed are valid indicators. as well as through the objective data this research will provide. The discriminatory effect of hiring 21-year-olds must be measured against the needs and demands of the Job. The court has ruled in Griggs v. Duke Power Co. 401 US. 424. 91 S. Ct. 849 (1971) that the touchstone is “business necessity“. In police work. the needs of the community can better be met by more mature officers. officers with greater ”life experience“ skills. and. therefore. an age requirement falls within the provisions of Title VII of the Civil Rights Act of 1964. ' In 1967. an Age Discrimination in Employment Act (ADBA) was implemented which. in many respects. parallels Title VII. The Act was amended in 1978. The provisions of the ADEA differ from Title VII in that the claims of so-called “reverse discrimination“ by younger workers cannot be made under the ADEA. Thus. employers are not prohibited from discriminating against individuals on the basis of their youth. Secondly. the body of ADEA case law overwhelmingly supports the fact that the Act was intended to prohibit only intentional discrimination. Thus. claims of age discrimination based on prima facie evidence of disparate impact are very likely not possible. (Avery. Faley. 1988:59) 31 It is incumbent upon police departments to adapt to changes in the community and society. Even though it is obvious that policies. as they apply to recruiting standards. need to be updated to reflect these changes. what the new recruiting standards should be are not so obvious. This observation is graphically reflected by the disparity as well as the fluctuation of the minimum age requirement in major metropolitan departments. It is this researcher's contention that. given the benefit of statistical data and research analysis. a police department will have a basis for determining a minimum.age standard that is in the best interest of the department as well as the community it serves. 32 CHAPTER III METHODOLOGY Chapter III contains a description of the study group. design. and methodological procedures. The chapter concludes with a discussion of the variables included in the study. The Study Site The city of Metropolis is a major industrial city which is administered by a mayor-city council form of government. In 1984. the city of Metropolis had a population of 1.15 million. Metropolis is largely a racially heterogeneous community. 30% of the population is white. The Hetropolis Police Department currently employs 4,772 full-time sworn officers. including 118 executives. 205 lieutenants. 799 sergeants. 107 investigators and 3.543 police officers. The police department is comprised of 44% white males. 5% white females. 35% black males. 14% black females and. 2% other. Table 3-1 Numerical and Percentage Breakdown of Police Department (All Ranks) ._J£__ _1_ White Hales 2.109 44% White Females 239 5 Black Hales 1.688 35 Black Females 662 14 Other ___24, .42 Total 4.772 100% 33 Table 3-2 Numerical and Percentage Breakdown of Police Officers ._£__ __1_ Hales 2.822 80% Femles __ZZ.'L .29. Total 3.543 100% Hiring criteria for employment with Metropolis Police Department consist of a written examination. oral examination. psychiatric examination. and a physical agility test. Applicants' height must be proporationate to the person's weight and their eyesight must be corrected to 20/20. Officers' driving and criminal records are considered along with a background investigation. Further. MPD requires its members to reside within the city limits. All recruits attend a sixteen-week academy training program regardless of prior certification programs. For the most part. rookies are assigned to foot and motorized patrol. with a small percentage placed in plainclothes assignment. The structure within the police department consists of a Board of Police Commissioners. Chief of Police. Executive Deputy Chief and six Deputy Chiefs. Each Deputy Chief is in charge of a Bureau. which consists of the traditional divisions such as patrol. detective. crime prevention. community relations. training. and administrative services. Data and Sample The data for this study came from a stratified sampling of three hundred fifty (350) police officers who were randomly 34 selected from a group of 4.043 officers that were hired between January 1. 1973 and August 31. 1987*. This time span was chosen to reflect the lowering of the hiring age from 21 years to 18 years. which occurred in January 1973. August 31. 1987 completed a two-year ”hiring frenzy“ and was also the last time Metropolis Police Department has hired. Of the 4.043 officers in the study population. 3.577 officers were 21 years of age or older. and 488 were 18 to 21 years of age at the time of employment. The 4,043 officers were comprised of 997 white male officers. 344 white female officers. 1.847 black male officers. 970 black female officers. and 85 ”others“. e