{"id":36829,"date":"2017-08-01T00:01:20","date_gmt":"2017-08-01T04:01:20","guid":{"rendered":"http:\/\/www.policechiefmagazine.org\/?p=36829"},"modified":"2024-10-01T14:47:14","modified_gmt":"2024-10-01T18:47:14","slug":"risk-management-raising-the-performance-level","status":"publish","type":"post","link":"https:\/\/www.policechiefmagazine.org\/risk-management-raising-the-performance-level\/","title":{"rendered":"Risk Management: Raising the Performance Level and Lowering the Liability Threat"},"content":{"rendered":"<div id=\"_idContainer343\" class=\"Object-Style-1 _idGenObjectStyleOverride-4\">\n<p class=\"ARTICLE-TEXT-Drop-Cap-2014\"><span class=\"_idGenDropcap-3\">F<\/span>or decades, the law enforcement profession has responded to external pressures (lawsuits, negative press, Department of Justice investigations, consent decrees, citizen review boards, public demonstrations, and riots) arising from interactions between the public and law enforcement officers. Policing is fraught with risks that are inherent in every call for service. Any incident has the potential to lead to the need for a search, a use of force, an arrest, or a pursuit. The risks of these incidents and the resulting actions cannot be eliminated, but they can be managed by the type and the quality of the response provided by the involved officer and by proactive steps taken by executives and managers.<\/p>\n<p class=\"ARTICLE-TEXT-2014\">The magnitude of a risk might be lessened by the skills the officer employs, such as the tone of voice and the words used to inquire into the incident and to give commands, the decision-making process employed to determine the cause of the event, the level of threat involved, the civil rights of those involved in the incident, the federal and state laws that apply, and the outcome the officer hopes to achieve related to the level of the offense in question. While not an exhaustive list, these elements are considerations that influence how the officer interacts with members of the public when responding to a call for service.<\/p>\n<p class=\"ARTICLE-TEXT-2014\">The fulcrum upon which the outcome of any incident, from a seemingly minor and ordinary call for a noise complaint to a major critical incident call like a robbery or officer needs assistance, is the quality and the level of appropriateness of the response to the incident. The quality of performance is the critical factor that can be managed proactively within each law enforcement agency. Utilizing a comprehensive performance management process that addresses the needs and talents of each officer is the key to developing and maintaining a very high level of quality performance at every level of the organization.<\/p>\n<p class=\"ARTICLE-TEXT-2014\">Will mistakes happen? Of course they will. The risks are unique in every situation an officer responds to, and the decision of how to respond must sometimes be made in seconds. Even so, if the officer has been trained and supervised properly, the odds are that the officer will make more effective and efficient decisions in the situation.<\/p>\n<p class=\"ARTICLE-TEXT-2014\">Nonetheless, it must be realized that the essence of every claim, every complaint, or every lawsuit is a charge, accurate or not, that the officer\u2019s performance was not up to professional standards. Lack of high-level performance is the basis for nearly every lawsuit brought against law enforcement. Given the totality of the circumstances in any given incident, did the officer perform properly in accordance with the laws and the standard of care expected by the courts, agency, and the public at large?<\/p>\n<p class=\"ARTICLE-TEXT-2014\">Once this problem is understood, there are critically necessary processes that each law enforcement executive should implement to ensure that every officer, from patrol through the entire chain of command, is prepared and supported to provide the very highest level of performance related to his or her duties and responsibilities. The net result of this commitment will be appreciably greater protection from the risk of liability.<\/p>\n<p class=\"ARTICLE-TEXT-2014\">To focus on continuously improving performance levels, administrative and operational processes must be implemented to effect success in managing risk. Most agencies have some form of these processes in place, but they often exist and operate without consideration of how they impact the primary organizational outcome of high-level performance from every member of the department. To achieve this level of performance, there must first be high-level performance demonstrated by the executive and the administration. When the goal is high-level performance, it becomes clear that individual or mini-processes support and must interlock with the overall process to attain this goal.<\/p>\n<h3 class=\"ARTICLE-SUBHEAD-2014\"><span class=\"CharOverride-71\" style=\"color: #008000;\"><img loading=\"lazy\" decoding=\"async\" class=\"alignnone size-full wp-image-36833\" src=\"http:\/\/www.policechiefmagazine.org\/wp-content\/uploads\/iStock_000011770972_Full.jpg\" alt=\"\" width=\"4200\" height=\"2800\" srcset=\"https:\/\/www.policechiefmagazine.org\/wp-content\/uploads\/iStock_000011770972_Full.jpg 4200w, https:\/\/www.policechiefmagazine.org\/wp-content\/uploads\/iStock_000011770972_Full-300x200.jpg 300w, https:\/\/www.policechiefmagazine.org\/wp-content\/uploads\/iStock_000011770972_Full-768x512.jpg 768w, https:\/\/www.policechiefmagazine.org\/wp-content\/uploads\/iStock_000011770972_Full-1024x683.jpg 1024w, https:\/\/www.policechiefmagazine.org\/wp-content\/uploads\/iStock_000011770972_Full-272x182.jpg 272w\" sizes=\"auto, (max-width: 4200px) 100vw, 4200px\" \/><\/span><\/h3>\n<h3 class=\"ARTICLE-SUBHEAD-2014\"><span class=\"CharOverride-71\" style=\"color: #008000;\">The Necessity of Process<\/span><\/h3>\n<p class=\"ARTICLE-TEXT-2014\">What is process? Put most simply, it is a series of actions toward a specific end. Life is full of processes, and the most successful enterprises are replete with interlocking processes toward a specific goal. In law enforcement, there are administrative processes such as policy development and implementation, personnel selection, training, discipline, and evaluation, to name a few. Operational processes are related to the tasks that officers must perform and are described in the policy manual. In their totality, all of these processes are focused on producing high-performing officers who know how to do their jobs. So why does liability continue to be a major issue in the policing profession? Is there a lack of quality in any of these processes? Are they not focused with a laser-like precision on a unified goal? Do every one of these processes contribute to directly to the most critical process for high-level performance and the management of all risks?<\/p>\n<p class=\"ARTICLE-TEXT-2014\">Does an overarching process for risk management in policing exist? If so, it is markedly difficult to describe. Truly, some components are in place. Certain aspects of the field\u2019s overall management have been improved, but, at best, they are not tied directly into other components; they are not part of a total process.<\/p>\n<p class=\"ARTICLE-TEXT-2014\">Law enforcement can assign the blame for the extent of the liability problem on the courts, on legislators, on the public, on the media, and on plaintiffs\u2019 attorneys, but what about adding policing itself to that list? Law enforcement has made mistakes\u2014one has only to view many of the dashcam, bodycam, and bystander videos to see where mistakes have been made when even the most objective observer would say officers have stepped over the line. While it is only one of the many groups on the list assigned a certain responsibility, policing is the only faction over which control can be exerted, where influence and change can be effected. The solution to a certain extent, the diminution of many of the burdensome lawsuits through appropriate risk management, lies in law enforcement\u2019s hands.<\/p>\n<h3 class=\"ARTICLE-SUBHEAD-2014\"><span class=\"CharOverride-71\" style=\"color: #008000;\">Inputs and Outputs<\/span><\/h3>\n<p class=\"ARTICLE-TEXT-2014\">Law enforcement has to see that policies, training, supervision, and discipline are merely <strong><span class=\"PALATINO-NOVA-PRO-BOLD\">inputs<\/span><\/strong> whereby top-level executives and managers try to better manage the provision of service to the public. But to the public, the only <strong><span class=\"PALATINO-NOVA-PRO-BOLD\">output<\/span><\/strong> that is essential is performance. What draws the plaintiffs\u2019 attorneys\u2019 attention\u2014questionable performance allegedly falling short of professional standards\u2014is the raw material, the sine qua non that they concentrate on. Therefore, to manage liability and risk, all efforts must focus on that same point: performance and doing everything to raise the level of performance and to meet professional standards.<\/p>\n<p><img loading=\"lazy\" decoding=\"async\" class=\"aligncenter size-full wp-image-36835\" src=\"http:\/\/www.policechiefmagazine.org\/wp-content\/uploads\/iStock_000002178245Large.jpg\" alt=\"\" width=\"3072\" height=\"2048\" srcset=\"https:\/\/www.policechiefmagazine.org\/wp-content\/uploads\/iStock_000002178245Large.jpg 3072w, https:\/\/www.policechiefmagazine.org\/wp-content\/uploads\/iStock_000002178245Large-300x200.jpg 300w, https:\/\/www.policechiefmagazine.org\/wp-content\/uploads\/iStock_000002178245Large-768x512.jpg 768w, https:\/\/www.policechiefmagazine.org\/wp-content\/uploads\/iStock_000002178245Large-1024x683.jpg 1024w, https:\/\/www.policechiefmagazine.org\/wp-content\/uploads\/iStock_000002178245Large-272x182.jpg 272w\" sizes=\"auto, (max-width: 3072px) 100vw, 3072px\" \/><\/p>\n<h3 class=\"ARTICLE-SUBHEAD-2014\"><span class=\"CharOverride-71\" style=\"color: #008000;\">A Starting Point: The Six Layers of Liability Protection <\/span><\/h3>\n<p class=\"ARTICLE-TEXT-2014\">To implement an effective and comprehensive risk management process, the executive can start with the Six Layers of Liability Protection, six focal areas that call for a concentration at improving these points of emphasis which collectively will provide protection for the department and, by extension, the officer.<sup>1<\/sup><\/p>\n<p class=\"ARTICLE-TEXT-BULLET-2014 ParaOverride-40\"><strong><span class=\"Bullets\"><span class=\"PALATINO-NOVA-PRO-BOLD\">1. <\/span><\/span><\/strong><span class=\"PALATINO-NOVA-PRO-BOLD\"><strong>Policy<\/strong>:<\/span> The first layer is clear, concise, constitutional policy based on the principle of foreseeability in anticipation of tasks assigned to an officer and providing the professional standard and measures of accountability. Policy precedes performance; it does not follow it. Policy that is subsequent and in reaction to a series of events encountered by officers is more likely to be deficient and is issued in the face of a possible growing pattern of conduct contrary to the substance of the policy.<\/p>\n<p class=\"ARTICLE-TEXT-BULLET-2014 ParaOverride-40\"><strong><span class=\"Bullets\"><span class=\"PALATINO-NOVA-PRO-BOLD\">2. <\/span><\/span><\/strong><span class=\"PALATINO-NOVA-PRO-BOLD\"><strong>Training<\/strong>:<\/span> The second layer is training in the knowledge and operational skills that officers need in their position, with significant emphasis on proficiency in decision-making.<\/p>\n<p class=\"ARTICLE-TEXT-BULLET-2014 ParaOverride-40\"><strong><span class=\"Bullets\"><span class=\"PALATINO-NOVA-PRO-BOLD\">3. <\/span><\/span><\/strong><span class=\"PALATINO-NOVA-PRO-BOLD\"><strong>Supervision<\/strong>:<\/span> The third is qualitative and supportive supervision. Truly motivated supervisors are conscious of their multiple roles as liability gatekeepers, quality control inspectors, policy exemplars, trainers, performance planners, and counselors.<\/p>\n<p class=\"ARTICLE-TEXT-BULLET-2014 ParaOverride-40\"><strong><span class=\"Bullets\"><span class=\"PALATINO-NOVA-PRO-BOLD\">4. <\/span><\/span><\/strong><span class=\"PALATINO-NOVA-PRO-BOLD\"><strong>Discipline and Commendations<\/strong>:<\/span> The fourth layer is two-fold: discipline and commendations are necessary elements for accountability and the highlighting of excellent performance.<\/p>\n<p class=\"ARTICLE-TEXT-BULLET-2014 ParaOverride-40\"><strong><span class=\"Bullets\"><span class=\"PALATINO-NOVA-PRO-BOLD\">5. <\/span><\/span><\/strong><span class=\"PALATINO-NOVA-PRO-BOLD\"><strong>Review and Revision<\/strong>:<\/span> The fifth is the gathering of all performance data to find out how officers are performing and to discover the instances where performance can be improved. Review and constant analysis of performance data will indicate any necessary revisions to policies, certain aspects of training, styles and methods of supervision, and performance plans for individual officers.<\/p>\n<p class=\"ARTICLE-TEXT-BULLET-2014 ParaOverride-40\"><strong><span class=\"Bullets\"><span class=\"PALATINO-NOVA-PRO-BOLD\">6. <\/span><\/span><\/strong><span class=\"PALATINO-NOVA-PRO-BOLD\"><strong>Legal Knowledge and Active Legal Counsel<\/strong>:<\/span> The sixth layer includes legal knowledge and active legal counsel. Officers have to be conversant with the law and how to apply it correctly by minimally knowing with certainty what pertinent laws allow them to do and what is now ruled out. There is no excuse for not knowing the law. The legal preparation of officers must be comprehensive, and officers must be taught, in basic and in-service training, the law in a manner and format that exemplifies understanding of its application. Finally, the profession has to have more police attorneys to provide direction as to different courses of action before the fact.<\/p>\n<p class=\"ARTICLE-TEXT-2014\">To establish these six layers of protection, leaders should estimate the rating their departments would receive for each of the six layers, on a scale of 1 (low) to 10 (high). Then they can take one step, implement one idea that would raise that score by a small degree. Repeat as necessary until the agency has continuous, interlocking processes in policy, training, supervision, discipline, review and revision, and legal support that produce the high-level performance sought.<\/p>\n<h3 class=\"ARTICLE-SUBHEAD-2014\"><span class=\"CharOverride-71\" style=\"color: #008000;\">A Focus for Risk Management Efforts<\/span><\/h3>\n<p class=\"ARTICLE-TEXT-2014\">The first and primary effort of every law enforcement agency must be to identify the 12 high-risk\/critical tasks (HR\/CTs) that are the most challenging for the officers, that have the most corrosive effects on the department if performed poorly, and that have the highest likelihood for liability and judgments of catastrophic proportions. The idea is to highlight those tasks that are most problematic and generate the most lawsuits. The idea is to highlight those tasks that are most problematic and generate the most lawsuits<span class=\"CharOverride-72\">. <\/span><\/p>\n<p class=\"ARTICLE-TEXT-2014\">Most tasks on the list are consistently apparent; a few might be customized for each agency. The general list would be composed of the following 12 areas:<\/p>\n<p><span class=\"Bullets\">\u2022use<\/span> of force<\/p>\n<p><span class=\"Bullets\">\u2022sea<\/span>rch and seizure<\/p>\n<p><span class=\"Bullets\">\u2022arr<\/span>est<\/p>\n<p><span class=\"Bullets\">\u2022eme<\/span>rgency operations of vehicles and pursuits<\/p>\n<p><span class=\"Bullets\">\u2022car<\/span>e, custody, and transportation of prisoners<\/p>\n<p><span class=\"Bullets\">\u2022dom<\/span>estic violence<\/p>\n<p><span class=\"Bullets\">\u2022off<\/span>icer off-duty conduct and limits of authority<\/p>\n<p><span class=\"Bullets\">\u2022int<\/span>ernal and external sexual misconduct of officers<\/p>\n<p><span class=\"Bullets\">\u2022sel<\/span>ection, hiring (full and part-time), and failure to terminate employees<\/p>\n<p><span class=\"Bullets\">\u2022the<\/span> complaint process and internal affairs<\/p>\n<p><span class=\"Bullets\">\u2022spe<\/span>cial operations, high-risk warrants, and undercover assignments<\/p>\n<p><span class=\"Bullets\">\u2022int<\/span>eractions with persons with mental illness, who are emotionally disturbed, and who have diminished capacity<\/p>\n<p class=\"ARTICLE-TEXT-2014\">Why 12? It allows for a concentration on one of the HR\/CTs each month. The chief could produce a short four- to five-minute video emphasizing the major points in the policy to be shown at roll calls during the month. Supervisors could have officers review the video if their performance was not up to the articulated standards. This method is also an excellent defense for <em><span class=\"PALATINO-NOVA-PRO-ITAL\">Canton v. Harris<\/span><\/em> complaints, for it proves that the chief was frequently bringing the major policy tenets before the officers and supervisors. By having the chief personally appear on videos speaking to the task and the manner in which it should be performed, the likelihood of the plaintiffs reaching the level for deliberate indifference in <em><span class=\"PALATINO-NOVA-PRO-ITAL\">Canton<\/span><\/em> is markedly reduced.<sup>2<\/sup><\/p>\n<p class=\"ARTICLE-TEXT-2014\">Supervisors and officers must be totally conversant with these \u201cneed to know\u201d policies. They should be trained in these policies and should be able to prove they know the totality of the policies, even to the point of testing. No officer or supervisor should be allowed on the street unless they can prove this knowledge.<\/p>\n<p class=\"ARTICLE-TEXT-2014\">Supervisors at the first and, yes, second levels must give special attention to every HR\/CT incident and the subsequent report, making certain nothing is missing, raising questions with the officers if necessary, giving the closest scrutiny to the documentation of the incident, and possibly investigating further if anything is out of line. The goal is to achieve the best performance possible\u2014the perfect performance according to the highest standards in the profession\u2014thereby reducing the liability of the agency. If a complaint or suit is launched, then such high performance makes certain the chance of a successful defense is maximized.<\/p>\n<h3 class=\"ARTICLE-SUBHEAD-2014\"><span class=\"CharOverride-71\" style=\"color: #008000;\">The Opposition\u2019s Game Plan<\/span><\/h3>\n<p class=\"ARTICLE-TEXT-2014\">An examination of the opposition\u2019s strategy is beneficial. The impending complaint or argument can be launched on five fronts. Litigants and attorney\u2019s primary concentration (the first front) is the scrutiny of what the officer did: the who, what, where, when, why, how\u2014the total circumstances of the incident itself. That is why it is critical to train officers to perform their tasks at the highest level and to emphasize supervisory oversight in reviewing all reports. This practice can assist the department in determining its risk of a suit and, subsequently, how it can diminish that risk.<\/p>\n<p class=\"ARTICLE-TEXT-2014\">The circumstances of the incident can be unique, different, and uncontrollable by the department, but the agency can control the other four fronts of the opposition\u2019s strategy: policy, training, supervision, and discipline.<\/p>\n<p class=\"ARTICLE-TEXT-2014\">With proper attention to and enforcement of the standards, an agency can reduce its liability losses. It\u2019s still the responsibility of the department to concentrate on the actions of the officers to guarantee that they conform to the proper norms. That responsibility is exercised by assiduous attention to supervisory oversight at every level, constant review of all performance data, and early corrections of below-standard performance.<\/p>\n<h3 class=\"ARTICLE-SUBHEAD-2014\"><span class=\"CharOverride-71\" style=\"color: #008000;\">The Dynamics of Policy<\/span><\/h3>\n<p class=\"ARTICLE-TEXT-2014\">For all the efforts dedicated to the writing and improvement of policies, one wonders if law enforcement executives feel they are getting commensurate results. Is performance markedly better? Maybe they are running against a maxim attributed to U.S. General George Patton: \u201cIssuing an order is 10%. The remaining 90% consists in the proper and rigorous execution of the order.\u201d The policies, if they are to assume the importance that chiefs place in them, must be seen as part of a performance continuum to support the proper actions.<\/p>\n<p class=\"ARTICLE-TEXT-2014\">Good performance doesn\u2019t just happen; policies don\u2019t guide officers\u2019 tasks merely because they are written out. The policies must be supported and reinforced along the way by what precedes and follows performance, for there are proactive, active, and reactive phases to performance. When these three phases are acknowledged and functioning at their maximum, the highest levels of performance are attainable.<\/p>\n<p class=\"ARTICLE-TEXT-2014\">The three phases must be concentrated on one outcome: the raising of the level of performance. But it starts with policies. Chiefs should ask themselves if they have ensured that all officers up to the command staff themselves know the policies (at the minimum, those related to the HR\/CTs). If the answer is that they do not, then what level of certainty does that chief have in knowing officers will follow the policies? Not knowing the policies, officers will follow the example of other officers rather than the policies. Therefore, the formal policy as written is diluted into an operational policy leading to the development of a possible pattern and practice that is not aligned with the formal, written policy.<\/p>\n<p class=\"ARTICLE-TEXT-2014\">In the performance continuum, the directions of policy are <strong><span class=\"PALATINO-NOVA-PRO-BOLD\">proactively<\/span><\/strong> delivered through comprehensive basic and in-service training to prepare the officers for operational challenges that must be performed according to the standards. <strong><span class=\"PALATINO-NOVA-PRO-BOLD\">Actively<\/span><\/strong> supportive supervisors are essential, and they act as exemplars by providing performance planning, including setting clear performance goals for each officer; monitoring performance at regular intervals; and intervening with retraining, coaching, and remediation when necessary. The <strong><span class=\"PALATINO-NOVA-PRO-BOLD\">reactive<\/span><\/strong> phase is concentrated on evaluations of performance, inspections, reviews, discipline, and commendations. The performance continuum incorporates the three phases to form one complete process. Without total concentration on all three phases, the outlook for real results is not favorable.<\/p>\n<p class=\"ARTICLE-TEXT-2014\">The active response to performance has to become an integral part of professional oversight\u2014not to blame, but to critique so officers can learn to improve. A supervisor should ask \u201cCould the response to this incident have been performed any better?\u201d This may elicit a resounding \u201cno,\u201d but in a supportive environment, an officer may answer candidly \u201cYes, I could have done it better. Here\u2019s what I should have done,\u201d or the supervisor can suggest another approach. Success comes down to the supervisory style. If officers\u2019 only engagement with their supervisors occurs when they are finding fault with performance or administering disciplinary actions, then the officers will not be open to having a discussion on performance improvement. But if the leadership style has the officers complimented frequently enough for good performance and if the supervisor looks for opportunities in reviewing reports to see what the officers are doing right, then the question is seen by officers as a sincere interest in their performance. The supervisor is seen as having the officers\u2019 professional development as a priority.<\/p>\n<h3 class=\"ARTICLE-SUBHEAD-2014\"><span class=\"CharOverride-71\" style=\"color: #008000;\">Leadership at the Supervisory Level<\/span><\/h3>\n<p class=\"ARTICLE-TEXT-2014\">What is the most critical element in any discussion of risk management and the reduction of liability? There is no factor more important to the avoidance of liability and the upgrading of an agency\u2019s professional performance and attainment of standards than the quality of supervision. It can be said unequivocally that, in the absence of quality supervisory leadership at the first and second levels, no agency can achieve a true reduction in risk and lawsuits.<\/p>\n<p class=\"ARTICLE-TEXT-2014\">While sometimes first-line supervisory performance is generally bemoaned, the role of the second line, the lieutenant\u2019s performance, has to be examined. If there is any perceived shortcoming on the part of first-line supervisors\u2014if they are not performing up to standards\u2014the lieutenants\u2019 role has to be questioned, for they are the supervisors of the first line. All sergeants generally report to lieutenants\u2014just as the sergeant is held responsible for the performance of the officers, lieutenants have to be held accountable for the sergeants\u2019 performance.<\/p>\n<h3 class=\"ARTICLE-SUBHEAD-2014\"><span class=\"CharOverride-71\" style=\"color: #008000;\">Finding the Root Cause <\/span><\/h3>\n<p class=\"ARTICLE-TEXT-2014\">Statistician and process improvement expert Edwards Deming taught that data gathering and analysis are necessary to improve performance.<sup>3<\/sup>\u00a0Collectively, the law enforcement profession does not focus on performance data analyses in a manner to really affect performance outcomes. Think of all the statistics and data on police activity and how little of it is mined for the profession\u2019s benefit. However, CompStat is starting to make inroads in this regard by linking management decisions to statistical analysis.<\/p>\n<p class=\"ARTICLE-TEXT-2014\">Another of Deming\u2019s principles is commonly overlooked in the profession. Action might be taken to eliminate a person problem, but behind it or causing it, is a process problem. When an officer is terminated or major problems occur, taking action usually means merely disciplining those concerned without seriously examining the processes that might have caused the problem. Prime examples of process problems are poor or inadequate supervision, deficient or unclear policy, and incomplete training. Process problems create people problems. Too often, law enforcement executives will think they have eliminated a problem officer by termination or resignation. While they have remedied an immediate problem, they need to ask themselves if there are faulty processes connected to the officer\u2019s behavior and termination. If the process is unidentified and unexamined, it endures, creating a climate conducive to the formation of similar problems in the future.<\/p>\n<h3 class=\"ARTICLE-SUBHEAD-2014\"><span class=\"CharOverride-71\" style=\"color: #008000;\">Learning from Litigation<\/span><\/h3>\n<p class=\"ARTICLE-TEXT-2014\">Learning points are present in all litigation, even suits filed against other agencies. An integral component in risk management is looking at lawsuits as learning opportunities. Lawsuits must be analyzed so agencies can learn. Waiting two to three years until the conclusion of the suit and then changing a policy or practice may further inculcate deficient practices. Defense attorneys should be queried during the course of litigation for their suggestions on changing practices, for they are conversant with apparent weaknesses in the agency\u2019s defense. Regardless of the lawsuit\u2019s outcome, there is valuable information that can be gleaned at the end to make sure that the agency is made more secure.<\/p>\n<p class=\"ARTICLE-TEXT-2014\">Lawsuits require the scrutiny of all factors that make up the complaint. These lawsuits can send a message when examined objectively; they should implicate changes in an organization. On occasions when a lawsuit generates some changes\u2014that is, a policy is tweaked or some additional training prescribed\u2014agencies might not make those changes systemic. There is little continuity or connection to the full range of the change continuum, little agency-wide support, and concentration on making sure, that for this one task, every factor affecting its performance is improved. When a policy is changed, does leadership make sure that officers are trained in knowing how to apply the policy? Are supervisors taught exactly how to enforce it? Are reports on that task scrutinized and evaluated? Are data on performance of this task gathered and analyzed? Does the agency examine lawsuits decided in its favor for messages or warnings? Is the agency smarter in the aftermath of any lawsuit? It should be.<\/p>\n<h3 class=\"ARTICLE-SUBHEAD-2014\"><span class=\"CharOverride-71\" style=\"color: #008000;\">Conclusion<\/span><\/h3>\n<p class=\"ARTICLE-TEXT-2014\">In this article, the concentration has been on processes and concepts which, when implemented, can transform departments, making them as liability-proof as possible through a more comprehensive attitude toward risk management. Bringing attention and effort to developing organizational processes that support excellent performance will remove the raw material from the plaintiffs\u2019 attorneys. Increasing the adherence to the profession\u2019s standards through higher levels of performance can only decrease the impact of liability. Everything that enhances performance is to be encouraged; everything discouraging high-level performance is to be eliminated.<\/p>\n<p class=\"ARTICLE-FOOTNOTE-2014 ParaOverride-9\"><strong><span class=\"PALATINO-NOVA-PRO-BOLD\">Notes:<\/span><\/strong><\/p>\n<p class=\"ARTICLE-FOOTNOTE-2014\"><sup>1<\/sup>\u201cThe Six Layered Liability Protection System\u201d was first presented in <em><span class=\"PALATINO-NOVA-PRO-ITAL\">Police Chief<\/span><\/em> along with a companion piece, \u201cPolice Administration and Risk Management: A Marriage of Necessity\u201d in June 1990. The author expanded this concept in the book <em><span class=\"PALATINO-NOVA-PRO-ITAL\">Risk Management behind the Blue Curtain<\/span><\/em> in 1992. His latest book, <em><span class=\"PALATINO-NOVA-PRO-ITAL\">Successful Police Risk Management: A Guide for Police Executives, Risk Managers, Local Officials, and Defense Attorneys<\/span><\/em> (Lulu.com) came out in 2015.<\/p>\n<p class=\"ARTICLE-FOOTNOTE-2014\"><sup>2<\/sup><em><span class=\"PALATINO-NOVA-PRO-ITAL\">Canton v. Harris<\/span><\/em>, 489 U.S. 378 (1989).<\/p>\n<p class=\"ARTICLE-FOOTNOTE-2014\"><sup>3&#8243;<\/sup><a href=\"https:\/\/www.brightlysoftware.com\/learning-center\/deming-cycle-pdca-explained-comprehensive-guide-continuous-improvement\">The Deming PDCA Cycle of Continuous Quality Improvement<\/a>,\u201d International Accreditation Council for Business Education.<\/p>\n<\/div>\n<p>Please cite as<\/p>\n<p style=\"padding-left: 30px;\">Patrick Gallagher and Mary C. Kealoha, \u201cRisk Management: Raising the Performance Level and Lowering the Liability Threat,\u201d <em>The Police Chief<\/em> (August 2017): 28\u201335.<\/p>\n","protected":false},"excerpt":{"rendered":"<div id=\"_idContainer343\" class=\"Object-Style-1 _idGenObjectStyleOverride-4\">\n<p class=\"ARTICLE-TEXT-Drop-Cap-2014\"><span class=\"_idGenDropcap-3\">F<\/span>or decades, the law enforcement profession has responded to external pressures (lawsuits, negative press, Department of Justice investigations, consent decrees, citizen review boards, public demonstrations, and riots) arising from interactions between the public and law enforcement officers. Policing is fraught with risks that are inherent in every call for service. Any incident has the potential to lead to the need for a search, a use of force, an arrest, or a pursuit. The risks of these incidents and the resulting actions cannot be eliminated, but they can be managed by the type and the quality of the response provided by the involved officer and by proactive steps taken by executives and managers.<\/p>\n<p class=\"ARTICLE-TEXT-2014\">The magnitude of a risk might be lessened by the skills the officer employs, such as the tone of voice and the words used to inquire into the incident and to give commands, the decision-making process employed to determine the cause of the event, the level of threat involved, the civil rights of those involved in the incident, the federal and state laws that apply, and the outcome the officer hopes to achieve related to the level of the offense in question. While not an exhaustive list, these elements are considerations that influence how the officer interacts with members of the public when responding to a call for service.<\/p>\n<\/div>\n","protected":false},"author":3,"featured_media":36995,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"_acf_changed":false,"footnotes":""},"categories":[132],"tags":[],"class_list":["post-36829","post","type-post","status-publish","format-standard","has-post-thumbnail","hentry","category-education-training"],"acf":{"post_author":"G. Patrick Gallagher, President, Gallagher-Westfall Group Mary C. Kealoha, Vice President, Gallagher-Westfall Group","main_category":"Education & Training","legacy_article_id":"","legacy_issue_id":""},"yoast_head":"<!-- This site is optimized with the Yoast SEO Premium plugin v24.4 (Yoast SEO v24.5) - https:\/\/yoast.com\/wordpress\/plugins\/seo\/ -->\n<title>Risk Management: Raising the Performance Level and Lowering the Liability Threat - Police Chief Magazine<\/title>\n<meta name=\"robots\" content=\"index, follow, max-snippet:-1, max-image-preview:large, max-video-preview:-1\" \/>\n<link rel=\"canonical\" href=\"https:\/\/www.policechiefmagazine.org\/risk-management-raising-the-performance-level\/\" \/>\n<meta property=\"og:locale\" content=\"en_US\" \/>\n<meta property=\"og:type\" content=\"article\" \/>\n<meta property=\"og:title\" content=\"Risk Management: Raising the Performance Level and Lowering the Liability Threat\" \/>\n<meta property=\"og:description\" content=\"For decades, the law enforcement profession has responded to external pressures (lawsuits, negative press, Department of Justice investigations, consent decrees, citizen review boards, public demonstrations, and riots) arising from interactions between the public and law enforcement officers. 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