© 2012 Delmar, Cengage Learning Section IV Managing Problems Chapter 11 Complaints, Grievances and Conflict

© 2012 Delmar, Cengage Learning

Section IVManaging Problems

Chapter 11

Complaints, Grievances and Conflict


Complaints and Grievances Defined

• Complaints– A statement of a problem

• Grievances– Formally registered complaints


Complaints

• Can be made by– General public– People arrested– Employees of the law enforcement department

• The person or group filing the complaint is called the complainant.


External Complaints

• Made by citizens against law enforcement• Causes of external complaints:

– Excessive force– False arrest– Harassment


Reducing External Complaints

• Effective recruitment and training• Policy and procedures manuals• Effective supervision• Community outreach• Data collection and analysis


Internal Complaints

• Made by officers or employees• Causes of internal complaints:

– Working conditions– Management style


Reducing Internal Complaints

• Make time for a personal talk or department meeting

• Determine the cause of discontentment.• Pay attention to what employees are saying in

small groups.• Open lines of communication.


Complaint Policies

• Never take a complaint lightly.• All complaints must be investigated.


Handling and Investigating Complaints

• A careful investigation of a complaint:– Instills confidence in management’s fairness– Protects those accused of wrongdoing

• The burden of proof is on the agency.

• The standard of proof is a preponderance of the evidence.

• The standards of evidence are those of administrative law, not criminal law.

• No presumptions of truth are made regarding facts in disputes or witness credibility; all persons are equally creditable.

• Conclusions are logically deduced from the evidence.


Internal Affairs Investigations

• Review all evidence.• Obtain copies of all associated elements of the

case.• Interview all involved parties.


Officers’ Rights and Legal Procedures

• The National Association of Police Organizations (NAPO) provides legal resources to police defendants and their attorneys.

• Several states have enacted Law Enforcement Officers’ Bills of Rights (LEOBR).

• Constitutional amendments• Garrity protection


Police Officers’ Bill of Rights

• Right to be notified of any pending disciplinary action within a reasonable time before the action takes effect

• Right to be treated with minimum standards of fairness while under investigation

• Right to request a hearing if an investigation results in a recommendation of disciplinary action

• Right to an advance review and comment on any adverse material being placed in the officer’s personnel file


Civilian Review Boards

• Designated to investigate and dispose of complaints against law enforcement officers

• Help reduce public belief that police whitewash wrongdoing within the agency

• Can make recommendations; cannot impose discipline


Grievances

• A claim by employees that a rule or policy has been misapplied or misinterpreted to their detriment

• Can only come from law enforcement employees, not from the public

• The person filing the grievance is a grievant.


Causes

• Dissatisfaction with physical working conditions and equipment

• Dissatisfaction with management’s actions


Resolving Grievances

• Informal grievance procedure• Formal grievance procedure


Mediation and Arbitration

• Mediation– Brings in a neutral, outside, third party to try to reconcile

the two sides after hearing both and to recommend non-binding solution

• Arbitration– Brings in a third party who listens to both sides– May be formal or informal– Recommended solution is binding– Carries the weight and authority of a court ruling


Disposition of Complaints and Grievances• A complaint of grievance investigation usually

results in one of four findings:– Sustained– Not sustained– Exonerated– Unfounded


Conflict

• A struggle, a fight, a conflict or a clash• Types of conflict:

– Approach–approach conflict– Approach–avoidance conflict– Avoidance–avoidance conflict


Contrasting Views of Conflict

• Conflict has always existed between people and organizations.

• How managers approach conflict determines whether it’s a negative or positive force within the organization.

• A healthy amount of properly handled conflict motivates individuals and organizations.

• Conflict can keep a groove from turning into a rut.


Constructive Conflict

• Encourages better decision making and/or change• Makes life more interesting• Reduces irritation• Enriches a relationship• Increases motivation to deal with problems• Is stimulating


Sources of Conflict

• Individual sources• Interpersonal sources• Job-related sources• Sources outside the organization


Responsibility for Conflict Management

• A manager’s responsibility is to– Recognize conflict when it occurs– Have a system for reporting conflict– Take action as soon as possible


Guidelines for Crisis Management• Anticipate the kinds of conflict and who might be involved. Establish precedents.• Make certain one person is clearly in charge.• Make certain all officers know what they are responsible for doing.• Keep lines of communication open. Keep everyone involved informed, including

your superior, but also control the flow of information.• Make decisions that allow the most options.• If the crisis is prolonged, put someone in charge of routine duties that still must

be performed while the crisis continues.• As the crisis winds down, expect delayed stress reactions (depression, irritability,

irrational outbursts). Hold debriefings.• Return to normal operations as soon as possible.• Evaluate performance and identify conflicts that should have been avoided or

handled differently.


Handling Personal Attacks

• Respond rather than react.• Defuse the other person’s anger.


Handling Disagreements Between Others in the Department• Listen to both sides to understand the issues.

• Do not take sides.

• Separate the issue from personalities.

• Do not speak for one to the other.

• Get the parties to talk with each other and to listen.

• Point out areas of misunderstanding, but place no blame.

• Get the parties to reverse roles to see the other’s point of view.

• Search for areas of agreement.

• Allow both to save face in any solution reached.

• Stress the importance of resolving the conflict.

• Monitor any solution agreed upon.

• If no solution can be reached, suggest a third-party mediator or negotiator.


Dealing with External Conflicts

• Conflicts with other agencies• Conflicts with the public


Dealing with Internal and External Politics• Separate responsibility from political games.• Focus on tasks to be accomplished.• Refrain from discussing sensitive situations with

subordinates.• Respect the chain of command.


Keys to Maintaining Healthy Conflict

• Open, two-way communication• Receptivity to new ways of doing things• Encouragement of risk-taking


A Problem-Solving Approach to Conflict

• Understand each party’s views.• Identify underlying needs and concerns.• Search for potential solutions.• Enumerate probable consequences.• Select manageable alternatives that satisfy all

parties.• Develop mechanisms to monitor and adjust.


Types of Conflict Results

• Win-lose situations• Lose-lose situations• Win-win situations


Conflict Resolution Skills

• Principled negotiation• Reframing

Documents

© 2012 Delmar, Cengage Learning Section IV Managing Problems Chapter 11 Complaints, Grievances and Conflict