F O R T H E P E R M A N E N T

C O M M I S S I O N O N T H E S T A T U S O F

H A R T F O R D W O M E N

T I A N A S H A R P E , C A R O L I N E K I L L I A N , R E A G A N F L Y N N ,

C A M M E R O N M A T T I S O N

Discussing Accountability

and Transparency within

the Hartford Police

DepartmentTRINITY COLLEGE COMMUNITY ACTION GATEWAY SPRING 2020

T A B L E O F C O N T E N T S

Photography byilirjan rrumbullakut

Executive Summary.......................................Pg. 3Police Union Contract...................................Pg. 4-6

HPD Union Contract Concerns.............Pg. 5Police Bill of Rights...................................Pg.6

Code of Conduct.............................................Pg. 7-9Code of Conduct Concerns....................Pg. 8

Climate and Culture Review........................Pg. 9-10Climate and Culture Review Models....Pg.10

Sexual Harassment Policy............................Pg. 11 Topics for Further Research......................Pg.12Works Cited....................................................Pg.13

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EXECUTIVE SUMMARY

The PCSHW serves an important role in advising the city on avariety of issues important to Hartford women, includingspearheading revisions to the Hartford Police Department'ssexual harassment policy in 2019. Moving into 2020, the PCSHWwill continue work on a number of issues including policeaccountability. This report serves to provide backgroundresearch on police union contracts, codes of conduct, andculture and climate reviews. We include examples from othercities and recommendations for further research.

A police union contract is essentially a collectivebargaining agreement between a city and itscorresponding police union. Police unions were birthed in the 1970s as a response tothe distrust of police officers during the civil rightsmovement (Bies 112). One of the many reasons for theformation of police unions was to increase the power oflaw enforcement in the government by endorsingcandidates and lobbying in local elections. Police unions severely decreased transparency andaccountability in law enforcement agencies by opposingcivilian review boards and supporting police officer billsof rights. Hartford’s police union contract is “designed to providefor an equitable and peaceful procedure for the resolutionof differences following the grievance proceduresspecified herein, in order to maintain and promote aharmonious relationship between the Union and the Cityand to encourage a more effective police service in thepublic interest” The City of Hartford Connecticut et al 1). Although this contract claims to better city policing, itcontains many elements that hinder police accountabilityand transparency. There are many police officerprotections regarding employment, collective bargainingagreements, and police officer bill of rights.

P O L I C E U N I O N

C O N T R A C T O V E R V I E W

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For example, in Hartford’s police union contract, “Employeesshall...be protected to...bargain collectively through representativesof their own choosing on questions of wages, hours, and otherconditions of employment” (The City of Hartford Connecticut et al33). The phrase “other conditions of employment” is more of acatchall phrase; in some cases, courts have allowed it to includedisciplinary procedures (Rushin 1206). This wording in the unioncontract may subject officers to “easy-outs” when being disciplined,which can lead to decreased accountability. Essentially, collectivebargaining has allowed police unions to shape the terms andprocesses for officers in the Hartford Police Department.

COLLECTIVE BARGAINING

Collective bargaining allows police unions to negotiate salary,benefits, and other employment rights on behalf of working policeofficers. The collective bargaining between cities and police unionshas brought about many benefits, such as higher salaries.

One study found that officers in police departments withcollective bargaining agreements make 38% more than officersin departments without (Rushin 1205). However, the broadnessof the language in collective bargaining agreements can hinderpolice accountability.

HPD UNION CONTRACT CONCERNS

BODY CAMERA FOOTAGE

According to the union contract, the"investigation of an unsigned complaint mustbe concluded within thirty (30) working daysof the filing complaint….If the investigationhas been concluded no charges will be madeagainst the Officer at any later time” (33) Sexual harassment claims are alreadynuanced and difficult to parse through,however an unsigned complaint could meanthe victim is fearful to speak out. To onlyspend 30 days investigating this type of caseis a miscarriage of justice. Some cases mayhave an answer in 30 days but to assumethat all knowledge will be understood andrevealed in a month in a bureaucraticinstitution is unlikely. Officers are also given“double jeopardy” so if the victim everdecides to speak out the officer cannot bepunished.

Grievance Procedure

The 2017 release of the HPD Policecontract disallows any disciplineinitiated by random body camerafootage monitoring. (pg.4)  Howeverrandom monitoring could increaseaccountability. Not only wouldofficers have an increase self-awareness that could preventunprofessional incidents, but itincreases police oversight.

In Hartford’s Police Officer Bill of Rights,whenever an officer is under investigation, “anyquestioning of the Police Officer shall beconducted at a reasonable hour...determined bythe Chief of Police" (The City of HartfordConnecticut et al 33). This gives the Chief ofPolice the sole power to determine when anofficer will be questioned. This can severely limitpolice accountability because officers couldpotentially have days or weeks before they arequestioned, giving them more time to perfecttheir stories and potentially gather witnesses tocorroborate their whereabouts.

Another concern about Hartford’s PoliceOfficer Bill of Rights is that it gives suspendedofficers the ability to continue to work. Anyofficer who is suspended from work withoutpay, can elect to continue working “during thesuspension and have the suspension timededucted from the employee’s accumulatedand accrued leave such as vacation and earnedleave, but not sick leave” (The City of HartfordConnecticut et al 34). Giving officers the optionto continue to work while suspended, defeatsthe purpose of suspension and limits the abilityto hold officers accountable for their actions.

P O L I C E O F F I C E RB I L L O F R I G H T S

A police officer bill of rights contains specificprotections for police officers not afforded toother public employees. In general, policeofficer bills of rights inhibit accountability with“formal waiting periods that delay investigation[and] pre-disciplinary hearings include rank-and-file officers on the hearing board” (Bies125).

P A G E 7D I S C U S S I N G   A C C O U N T A B I L I T Y A N D

T R A N S P A R E N C Y W I T H I N T H EH A R T F O R D P O L I C E D E P A R T M E N T

The possession of drugs or a failure to submitto a drug test results in termination. Howeverthere is confusion as to who has the authorityto deem someone unfit for duty per regulation3.11. Which states that “Consumption ofalcoholic beverages during the 4 hoursimmediately prior to reporting for duty or tosuch an extent as to render the employee forduty.” Do supervisors determine if someone isunfit or could other same ranking officersdetermine it as well?

CODE OF CONDUCTThe code of conduct is a list of rules anddisciplinary procedures followed by theHartford Police and civilian personnel. Itgives the Chief of Police the power to putinto effect all the rules and regulationsconcerning the performance of thedepartment and the conduct of officers.

SUBSTANCE ABUSE

Section 4.01 states that “Using rude, insulting oroffensive language, or other behavior by asupervisory officer towards an employee of a lowerrank.” Yet, it doesn’t include those of the same rank.This opens a window for those of the same rank toget away with using rude remarks and offensivelanguage. The rule should include all ranks, todemonstrate unprofessionalism at all levels isintolerable.

Section 6.0 asserts that officers should refrain fromusing offensive language with one another, can’tintentionally deprive prisoners of basic humanrights, and failure to take action. Even though therules do state failure to take appropriate actionwhen concerning illegal activities, it would bepragmatic to have a statement about unnecessaryexcessive use of force and firearm discharge.

INTENTIONAL

MISCONDUCT

SUPERVISORY

RESPONSIBILITIES

CONCERNS AND

LOOPHOLES

C O D E O FC O N D U C TC O N C E R N S F O R D I S T R I B U T I O N O FP O W E R

Pursuant to Chapter XV of the Charter of the Cityof Hartford, all disciplinary decisions ultimately liein the hands of the Chief of Police. While the Codeof Conduct does outline what penalties areappropriate for each category of offense, manyoffenses have ranges of potential punishmentsavailable - some even ranging from counseling ororal reprimand to suspension/termination. Thisgives unchecked power to the Chief of police thatcan further the lack of accountability within thepolice force.

The Preamble of the Code determines thedemotion of officers as a suitable alternative totermination, should they commit an offense forwhich termination is the required penalty. Thiskind of policy is not unique to the HPD; manyworkplaces use this rule to avoid appropriatepenalties for sexual harassment. Instead ofaddressing the serious threat that sexualharassment poses to the workplace, offenders aresimply shuffled around to a new position, wherethey may continue to harass a new victim.

Article XI, rule 11.06,  states that officers whoreceive suspensions may petition the Chief ofPolice to have their disciplinary record expungedafter they have gone a set number of years withgood behavior. This is problematic because theChief of Police can make a unilateral decision aboutexpunging potentially serious offenses off of anofficer’s record, and the potential for unequalapplication of this policy is cause for seriousconcern.

While there is not a singularclimate and culture reviewmodel, there arerecommendations across allworkplaces.

Make workplace surveys individual and anonymous This allows people to be candid about their experiences.

Avoid terms that can have strong associations  Language sparks subconscious preconceived notions of gender/race. Astudy in 1990 found that some words used to describe leaders werestrongly associated with men unfairly improved men's scores comparedto women.

"Has a strong grasp of complex problems" --> "Discusses complexproblems with precision and clarity"

Gather Demographic data If a group of people share similar sentiments, this demonstrates targeting.

Anonymous incident reporting Gives employees a candid chance to spark investigation/discussions

Questions surrounding procedural knowledge It's imperative to know if everyone has a grasp of the procedure when itcomes to incident reporting.

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Climate and culture reviews exist for thepurpose of identifying issues within aworkplace, so that management can mosteffectively take steps to cultivate a healthier,more inclusive, and more productiveenvironment for their employees. Thesereviews are tailored to the type of workplacethey are reviewing; there is no single formulathat outlines how they should be conducted.

Identify Gaps in Knowledge Surveys can demonstrate what parts of trainingneed emphasis or revamping so that procedure isevident and clear.

Demonstrate to everyone that unprofessionalism isnot tolerated and their opinions/experiences arevalued

Survey communicates a workplace's active stepsto better itself.

Feedback to better the workplace Employees know the downfalls of a company thebest, to understand what functions or what doesnot it is essential to get employee feedback

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Climate and Culture Reviewsare important for a couple of

reasons

CLIMATE AND CULTURE

REVIEW

The Police Executive Research Forum (PERF) is a non-profitorganization that conducts police research, review policies,provide “technical assistance and executive-level educationto support law enforcement agencies” (Police ExecutiveResearch Forum). In 2018, the Washington D.C. PERF teamconducted a review of Elkhart Police Department's policies,practices and accountability measures (“Review of EPD” 1). The sources gathered during the review were from cityofficials, the Elkhart Police Department (EPD), and theElkhart community. The team of researchers reviewed:EPD policies, use-of-force reports and investigations,complaints filed, disciplinary actions, and hiring practices(Review of EPD” 1-2). Additionally PERF interviewed EPDofficers and leaders and businesses in the community.(“Review of EPD” 1-2). The research team ultimately found that there is “a lack ofaccountability with respect to policy and a lack ofconsistency in both discipline and promotions, as well as alack of needed training in various areas” (“Review of EPD”79). PERF recommended that the EPD implement stricterrules regarding discipline, emphasize accountability, andbuild better relationships with the community (“Review ofEPD” 83). PERF compiled all of the employee andcommunity feedback to highlight necessary change withinthe department. The team also reviewed trainingprocedure and promotion practices and maderecommendations for more consistent and efficienttraining procedures and promotion practices.

HPD should seek to emulate many aspects the reviewconducted by the Massachusetts Office of PublicCollaboration (MOPC). The MOPC serves as a mediator forconflict and tension in numerous state offices, and has aprevious professional relationship with the Provincetownpolice department. The use of an independent group of non-police is animportant component of this report, as it mitigates thepossibility of substantial bias or incentive to ignore certainissues of conflicts. Additionally, a strong feature of thisreview was their decision to educate themselves oncommunity attitudes towards police, so as to betterunderstand both sides of the tension that existed betweencivilians and police in the Provincetown community. This is acrucial component, because in order to foster a productivecommunity-police relationship, the community needs tohave a voice in department reform.

The MOPC Provincetown police department review used theresults of numerous officer interviews and extensivecommunity research to put forth recommendations for animproved department. These recommendations addressedissues ranging from emotional and physical wellbeing ofofficers, to community-police relationships, to productivityand efficiency.  The report specified which recommendationswere those of police officers or of MOPC researchers, andalso offered options for how certain recommendations mightbe adapted or personalized. Thus the police department wasable to look at an array of recommendations, and construct aplan moving forward to improve the Provincetown policedepartment.

CLIMATE AND CULTURE REVIEW

MODELSThere are exceptional techniques demonstrated in other cities' climate and culture. Below

are highlighted aspects of climate and culture reviews conducted Provincetown,Massachusetts and Elkhart, Indiana that could be replicated in Hartford. We encourage

further research into these models.

Provincetown, MA Elkhart, IN

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H O W D O E S

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I M P O R T A N T A S P E C T S T O

S E X U A L H A R A S S M E N T

P O L I C Y

SEXUAL HARASSMENT

POLICY

Based on a study, workplaces with frequent training atall levels ,especially with supervisors, and confidentialreporting had less sexual harassment incidents andhigher employee satisfaction with harassment policy(Lindenberg and Reese, 184). Although training modelsdiffer across different work places, it is still anecessary component to the comfortability of theworkplace (Lindenberg and Reese, 186). Trainingtended to cover diversity, sensitivity, and family leaverather focusing specifically sexual harassment(Lindenberg and Reese, 184).

Zero tolerance policy for retaliation Many people do not report sexual harassment incidents in fear ofretaliation. It is imperative to ensure their security in the workplace. One way to reduce the risk of realitiaion is to provide victms with theoption to take paid administrative leave.

Comprehensive definition of what constitutes as sexual harassment Many perpetrators claim ignorance to the nuances of sexual harassment. Acomprehensive definition prevents excuses and ignorance.

Clear steps to take after a sexual harassment incident There needs to be easily accessible reference of steps for persons seekinghelp after an unwanted encounter.

Explicit confidentiality in the investigation This decrease the fear around reporting and keeps dowin gossiping aroundthe workplace.

Uniform corrective action for sexual harassment claims found to be true To safeguard against light punishments due favoritism, it is essential todetermine the punishment within the policy.

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D I S C U S S I N G   A C C O U N T A B I L I T Y A N DT R A N S P A R E N C Y W I T H I N T H E

H A R T F O R D P O L I C E D E P A R T M E N T

What about police oversight? Look into what measures are put in place to monitor officer activityand developing a model for civilian oversight on police.

Review citizens complaints from the past 5 years that include issuesaround sexual harassment/violence, etc.

This report focuses mainly on internal conflict in the police force.However, it is imperative that we examine the force's relation to thecommunity.

Consider reviewing all training modules, in addition to the previouslyprovided sexual harassment trainings

Training is essential to successful sexual harassment policy, yet theinformation has to be accurate and relevant for the training to beefficient.

Consider reviewing recruitment, hiring, and promotion practices andhow they impact and other minority groups in the dept.

The chief of police has a lot of power when it comes tohiring/promoting officers. Further research into Hartford's processand other cities' can improve the workplace.

Consider reviewing codes of conduct for other city departmentExamine other models of accountability within their respectivepolice forces and compare Hartford's. More so, the HPD's code ofconduct is 26 years old and requires an update.

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TOPICS FOR FURTHER

RESEARCH

Bies, Katherine J. "Let the Sunshine in: Illuminating the Powerful Role Police Unions Play in

Shielding Officer Misconduct." Stanford Law & Policy Review, vol. 28, no. 1, 2017,

p.109-[vi]. HeinOnline, https://heinonline.org/HOL/P?h=hein.journals/stanlp28&i=118.

“Code of Conduct.” Hartford, CT.

The City of Hartford Connecticut and the Hartford Police Union. Collective Bargaining

Agreement. The City of Hartford Connecticut, 1 July 2010.

http://www.hartford.gov/images/hr/admin_policies2015/HPU%20CBA%20July%201%202010

%20-%20June%2030%202016.pdf

Lindenberg, Karen and Laura Reese. “The Importance of Training on Sexual Harassment Policy

Outcomes.” Review of Public Personnel Administration, vol. 23, no. 3, 2003, pp. 175-191,

https://journals.sagepub.com/doi/pdf/10.1177/0734371X03253214. Accessed 13 Mar. 2020.

Police Executive Research Forum, www.policeforum.org/.

Provincetown Police Department Workplace Climate Assessment Report and Recommendations.

University of Massachusetts Boston, 2014.

Review of the Elkhart, Indiana Police Department: Use of Force, Internal Affairs/Disciplinary

Processes, and Agency Culture. Krieg Devault, Police Executive Research Forum, December

2019. Web. <https://elkhartpolice.org/wp-

content/uploads/2019/12/Elkhart_PD_PERF_Report.pdf>

Rushin, Stephen. "Police Union Contracts." Duke Law Journal, vol. 66, no. 6, March 2017, p. 1191-

1266. HeinOnline, https://heinonline.org/HOL/P?h=hein.journals/duklr66&i=1219.

Trotter, R., and S. R. Zacur. “Corporate Sexual Harassment Policies: Effective Strategic Human

Resource Management”. Journal of Business & Economics Research (JBER), Vol. 2, no. 3, Mar.

2004, doi:10.19030/jber.v2i3.2865.

WORKS CITED