Page 21 - FOP BlueNote 2017 September October Issue EAST
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Our Training and Standards Commissions and the Enforcement Process
By Terry Mangum – Legal Aid Committee
We live in times of many changes in American policing. It time to lawyer up if counsel is not already in place. At the proba-
seems that everybody thinks that they know more about law en- ble cause hearing, the officer can introduce exhibits and offer tes-
forcement than members of our noble profession. We now have timony from himself or herself, and through witnesses. The Com-
multiple forces who regulate our jobs and our lives. Virtually all mittee will typically hear the officer’s position in some detail be-
officers know a bit about “Training and Standards.” However, for fore deliberating.
many reasons, we should all learn more about these Commissions.
The officer must take this entire process very seriously regard-
In North Carolina, we have two Commissions, one for the less of how false and or frivolous the complaint is. The Probable
Deputy Sheriffs and one for all other officers. The two Commis- Cause Committee affords an opportunity for the officer to apply
sions operate very similarly but are separate and distinct Commis- some Barney Fife strategy: “Nip it in the bud.” You have often
sions. spent years and a lot of money in earning your certification. You
should definitely be prepared to fight to keep it.
Each Commission was authorized by the General Assembly
and has limited authority for several different functions. There is If Probable Cause is found, then the officer can request a full
a huge one for all officers: the Commission is our licensing administrative law hearing before the N.C. Office of Administra-
agency. They grant our certifications, and they can suspend and tive Hearings. An Administrative Law Judge from there will pre-
revoke our certifications. While we have rights to challenge ad- side over a full hearing. Here the officer will have considerable
verse action on our certifications in court, the Commissions have
considerable authority. rights including subpoena power, the right to discovery, and the
right to confront and cross examine the accuser, among other
The Commissions have “rulemaking” authority. They are au- rights. Our Administrative Law Judges are well known for their
thorized to promulgate rules to govern our conduct. They have fairness in these hearings.
considerable discretion but they must act constitutionally in de-
veloping our rules. The rules must also be constitutional. That is, The Administrative Judges prepare extensive written rulings.
they must not violate our rights but they can reasonably guide and Their decisions are not final decisions but are rather known as a
restrict our conduct. “Proposal for Decision.” It is essentially a recommended decision
to the full Commission. The evidentiary record and the Adminis-
Officers have to remain abreast of the Commissions’ rules in trative Judge’s proposed decision goes to the full Commission for
order to remain in compliance and to retain our certifications. An a final decision, unless the dispute is appealed into Superior
example of this is the annual firearms requalification. While that Court. The full Commission will carefully consider the Adminis-
can seem to some to be an aggravating pain to always have to get trative Judge’s proposal for decision, but the Commission can re-
accomplished each year, it has benefits for the officers. We need ject it or modify it. Therefore, the officer must be prepared to at-
to remain fully qualified and ready to employ deadly force when tend that full Commission hearing as well.
needed.
Examples of rulings by Administrative Judges can be found on
The Commissions have full investigative and “enforcement” the website of the N.C. Office of Administrative Hearings at
mechanisms. This should be the concern of all officers, because www.ncoah.com/decisions. Look under decisions in “DOJ”
those mechanisms can end your entire career. The Commissions cases. There are some Commission rules that are quite vague,
frequently investigate all types of complaints and alleged inci- such as the “good moral character” rule. That broad principle can
dents. The Commissions have broad authority to investigate both encompass many aspects of officer behavior.
on-duty and off-duty behaviors. It takes very little to potentially
stir up a challenge for officers. The Commission is represented by attorneys from the N.C. At-
torney General’s Office. Those assistant attorney generals will
Complaints against officers come in all shapes and sizes. Some present the evidence and the case against the officer. The officer
are totally made up and some are frivolous. But a complaint can had better be prepared for war.
start the machinery of the Commissions against the officer. It
might be simple or it might be complex. But the FOP believes that This process can be overwhelming to the officer. A tiny spark
every complaint should and must be taken seriously by the officer. can unleash the full power of the Commissions and the Attorney
General on the officer. The process can take months or years.
The Commissions have personnel who serve as investigators.
They often dig deeply into the allegations. They will collect doc- I, along with the FOP, believe that officers must be very cog-
uments and interview witnesses. And they will typically prepare nizant of the enforcement role of the Commission. “Certification
an investigative report. Initially the staff of the Commissions will revoked” is a bad way to end a police career.
conduct the work and review.
As a profession, we must work harder to protect ourselves. The
If there is any indication of a possible rule violation, then the
Commissions will refer the matter for a hearing before the Prob- FOP is working for this at the local, State and federal levels. The
able Cause Committee of each Commission. The officer is noti- more professional we are, the more we have better protected our-
fied and invited to appear before the Probable Cause Committee. selves. Simply put, risky officer behaviors are to be avoided. Do
If the Committee finds probable cause of a rule violation, then the not let the Commissions’ good moral character rules destroy your
officer will be afforded an opportunity to request a full hearing
before an Administrative Law Judge. career. We live in times of far greater scrutiny on our profession.
We must do our best to act professionally at all times. But when
Since this is a hearing where the officer’s certification is at we are charged with a rule violation that we did not commit, the
stake, the officer surely better take this very seriously. It is usually law gives us a fighting chance to protect our certifications with a
full hearing.
Know your Commission and take these hearings seriously.
They can be a game changer.
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