1 Section IV Managing ProblemsChapter 10 Discipline and Problem Behaviors
2 Learning Objectives How morale and discipline differWhat the purpose of discipline is What a fundamental management right is What the foundation for most disciplinary actions is What the 10/80/10 principle is How a problem employee is characterized What types of personalities might be likely to result in problems How managers can deal with problem people What behavior problems managers must deal with What a primary rule for the timing of discipline is What should be considered when assessing penalties What steps progressive discipline usually involves What balance of consequences analysis is What consequences are most powerful How managers can use the balance of consequences What the PRICE Method consists of How much time effective praise and reprimands might require What ratio of praise to blame is usually needed What strokes managers can use
3 Discipline Defined Discipline – from the root, disciple; follow a leader, education and mentorship Self-imposed rules govern a person’s self-control. Discipline can be a form of voluntary obedience to instructions, commands or demeanor. The purpose of discipline is to promote desired behavior. Officers with the highest performance have a high level of discipline. Morale is how a person feels; discipline is how a person acts.
4 Positive, Constructive Self-DisciplineMost effective Uses training to foster compliance with rules and regulations and performance at peak efficiency To law enforcement managers’ advantage Those following the rules/policies and carrying out the mission means positive discipline is working
5 Typical Rules and Regulations for Law Enforcement DepartmentsEvery agency member should know the rules Various ways to distribute rules and reg’s Maintaining discipline is a fundamental management right. General conduct – On time, no gratuities, use of force Performance of duty – Preserve law, protect life and property, be courteous and respectful Restrictions on behavior – both on/off duty
6 Continuum of Policy: Levels & ExamplesStrict Control Structured Guidelines Summary Guidance Telephone Contacts Domestic Violence Use of Force
7 Policies and Procedures RevisitedAn agency’s policy and procedure manual is the foundation on which most discipline is based. Policies and procedures should be concise and understandable by all personnel. Give guidance but allow discretion in unique situations Should not be negative, “shall not”, “will not” “must” Policies and procedures must comply with Americans with Disabilities Act as well as State & Federal law
8 General Orders Written directives related to policy, procedures, rules and regulations involving more than one unit Formalize a department policy on a specific issue Should be based on accurate, simple descriptions of the situations to which they apply Should be clear, inclusive, credible and durable Avoid “decoupling”
9 Clarity of Role versus CreativitySpecific rules leave little doubt about expectations. The emphasis on formal rules is the result of three developments: The need for due process in discipline Protection against civil litigation The accreditation movement So, do formal rules help, or send the message of distrust?
10 The 10/80/10 Principle 10% self-motivated high achievers80% average achievers 10% unmotivated troublemakers who cause 90% of management’s problems
11 Dealing with Problem EmployeesChanging behavior is more cost-effective than replacing employees. Employee assistance programs (E.A.P.) can be used. Marginal performers demonstrate the ability to perform but just do enough to get by.
12 Types of Difficult PeopleYes people - always nods yes, seldom follows through Passives - silent and unresponsive Avoiders - procrastinators; put things off Pessimists - opposite of “yes people”; resist change Complainers - always griping; never offer a solution Know-it-alls - highly opinionated; egotistical; always right Exploders - screamers; overemotional; sometimes hysterical Bullies - verbal attacks; use of threats and demands Snipers - like exploders and bullies, only covert about it
13 Examples of Problem BehaviorsAbuse of sick leave – highly costly to the department Substance abuse – the abuse affects performance on the job Corruption – breaks the law because they feel entitled Insubordination – failing to carry out direct, lawful order Sexual harassment – Title VII of the Civil Rights Act of 1964 Use of excessive force – the illegal or unreasonable use of force Misconduct off duty – Gardner v. Broderick (1968)
14 Use of Excessive Force The source of numerous law suitsDetermining reasonableness is highly subjective See definitions, pg. 335. Non-actor liability Rodney King
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16 Negative Discipline/PunishmentShould be carried out as close to the time of the violation as possible Purpose: Help offenders correct their behavior Send a message to others that such behavior is not acceptable Should be carried out in private to avoid embarrassment and defensiveness
17 Five Guiding Principles of Early Intervention Systems (EIS)An EIS should be part of an agency’s larger effort to support and improve officer performance. First-line supervisors are the lynchpin of EIS’s. For EIS’s to be effective, intervention options should vary to meet the wide range of officers’ needs. The chief executive ultimately is responsible for the success or failure of EIS’s. EIS’s are a valuable administrative tool that can enhance accountability and integrity in a law enforcement agency.
18 Considerations for Determining PenaltiesThe offense and offender How the offense was committed The offender’s attitude and past performance
19 Steps of Progressive DisciplineOral reprimand Written reprimand Suspension/demotion Discharge/termination Negligent retention – failure to terminate an employee when justified
20 Summary Punishment/DisciplineDiscretionary authority is used when a supervisor thinks an officer is not fit for duty. When, for any reason, the supervisor thinks immediate action is needed. May require officers to work without pay or may excuse them from duty without pay. Officers who receive summary punishment have a right to a hearing.
21 Guidelines for Administering Negative DisciplineGet the facts first. Know your powers as outlined in your job description. Check on precedents for similar offenses. Criticize in private. Be calm. Be sure the person is attentive and emotionally ready to listen. Focus on the behavior, not the person. Do not imply the behavior was done on purpose.
22 Guidelines for Administering Negative Discipline (cont.)Be clear, specific and objective. Check for understanding by asking questions. Respect the employee’s dignity. Suit the disciplinary action to the individual and the situation. End with expectations for changed behavior. Set a time frame. Follow up.
23 Steps in Administering Negative DisciplineWrite down the violation. State the reason for the action. Listen to the employee’s explanation. Suggest corrective action. Be firm, but fair. Secure a commitment to future positive behavior. Tell the individual how to appeal the decision.
24 Comprehensive DisciplineUses both positive and negative discipline to achieve individual and organizational goals The balance of consequences analysis The PRICE method The one-minute management approach The stroke approach
25 A Fair Disciplinary SystemA fair, equitable disciplinary system has the following characteristics: Reasonable and necessary policies, procedures and rules to govern employees’ conduct at work and promote both individual and organizational goals. Effective communication of these policies, procedures and rules and the consequences for noncompliance. Immediate, impartial and consistent enforcement of the policies, procedures and rules. An appeals procedure.
26 Review Do you think that supervisors should be held criminally as well as civilly responsible for their subordinates’ actions? What behaviors would be severe enough violations to warrant termination? Why is discipline necessary for individual functioning? For organizational functioning? What is constructive discipline?