NCJ Number
231813
Journal
THE POLICE CHIEF Volume: 77 Issue: 8 Dated: August 2010 Pages: 114,116,118,120
Date Published
August 2010
Length
4 pages
Annotation
Drawing upon the stated policies of the Metropolitan Nashville Police Department (MNPD) in Tennessee, as well as a recent decision from the Tennessee Court of Appeals, this article examines whether termination is the only response when an officer is untruthful in matters pertaining to his/her work.
Abstract
In June 2004, the MNPD published a complete overhaul of its disciplinary process, resulting in a grid for sanctions for sustained violations of departmental policies. These revisions also provide specific and detailed policies regarding truthfulness and false or inaccurate reports, both becoming for the first time presumptive, terminable offenses if the allegations are sustained. The MNPD also provided a specific charge for failing to report misconduct and for failing to cooperate, or for withholding information. A violation of these provisions varies by the nature of the conduct, but can range up to termination. This article proposes that it should be the public policy of law enforcement agencies that untruthful conduct by a law enforcement agency employee has a seriously damaging effect on the efficient and effective service of the agency. Moreover, the use of untruthful statements in order to avoid disciplinary action further undermines the efficient and effective service expected of police departments. Employee truthfulness is not only an issue of witness credibility in a court of law; it is at the core of law enforcement service, so untruthfulness strikes at the heart of the ability of an agency to provide effective service. Consequently, untruthful conduct must carry the most serious disciplinary action, i.e., termination. Case law on termination relating to untruthfulness when the untruthfulness is related to official duties is well established through court rulings. The courts have required, however, that the employee's untruthful conduct has substantially impaired the agency's rendering of public service. 20 notes