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Dealing with
Problem/Disgruntled Employees in the Law Enforcement Environment
Kevin M. Gilmartin
John (Jack) J. Harris
In law enforcement
agencies across the country, it is ironic and sad to find that many rising
stars of yesterday have become today's "Problem/Disgruntled Employees."
These once hard-working, productive people have become angry, cynical
malcontents who spend more time trying to undermine and sabotage
administrative direction and supervision than just doing the job they are
asked to do. Their days of being productive members of
their departments are long gone. From their perspective,
the fun has gone out of the job and they start to think ahead to retirement
days, vowing not to let the door hit them in the rear-end on their way out --
even though retirement is 10 to 15 years away. In the
meantime, supervisors and commanders, while often ill-equipped to deal with
these employees and the problems they create, can look forward to devoting an
inordinate amount of time trying to supervise and hold these employees
accountable. In this article, the authors will: (1)
examine and explain how the police culture sets into motion a series of events
that leads to significant perceptual changes in new officers, changes that
become the cornerstone of the problem/disgruntled employee; (2) offer a
practical five-step process that supervisors can use to help them become more
confident and effective when dealing with these employees; (3) offer some
suggestions to help the employees themselves stay out of the trap of
over-investment, a trap that has ruined far too many promising law enforcement
careers and families.
It is almost a cliché to say that police
supervisors spend 80% of their time with 20% of their employees dealing with
problems or taking corrective actions. Unfortunately, this
ratio appears to be much more than a cliché.
The authors have conducted interviews and
surveys and presented seminars on the subject of the "Problem Employee" for 10
years. Their interviews and surveys support the accuracy
of that cliché. More than 14,000 federal, state and local
law enforcement supervisors from across the country have produced an amazingly
consistent description of the problem employee. According
to the supervisors descriptions, the problem employee most often resents
authority, sabotages administrative direction, is negative, is unwilling to
accept responsibility for his/her behavior, manipulates, becomes angry and
over-aggressive, complains constantly, abuses equipment, resists change, is
narrow minded, over-reacts, will not accept feedback, grows tactless, abuses
alcohol or uses drugs, seems unhappy, develops a "you owe me" attitude, is
insubordinate as well as untruthful, and, of course is a leave abuser.
Supervisors know this small percentage of
officers will cause the greatest amount of turmoil over the longest period of
time. While supervisors may paint a consistent and
apparently accurate picture of the problem employee, they, at the same time,
consistently report a feeling of helplessness and inability to deal
effectively with these employees and the problems they cause.
They offer a variety of explanations, such as: the
employee does not do anything bad enough to be terminated, most of the
problems are subjective, lack of administrative support, civil service or
review boards will not back disciplinary action, lack of prior documentation,
it takes too much time, fear of allegations of discrimination, it's easier
just to tolerate the problem until the employee transfers to another
supervisor, and, very significantly, "We don't know how."
There appears to be an almost helpless
acceptance that the problem employee is a fixture in any law enforcement
agency who has to be tolerated like other unavoidable hardships.
While most supervisors blame "The System" as the main reason they are
unable to address the problems, they clearly point out that the lack of
previous supervisory documentation and failure to hold these employees
accountable creates a personnel record that artificially indicates the problem
employee is performing at acceptable levels or above. This
artificial record opens the door for a problem employee to claim the problem
is not one of substance, but rather a "personality conflict" -- or even the
supervisor's own problem. When supervisors combine a few
bad experiences in this area with a lack of know-how, they report spending
more time trying to avoid having the problem employee on their shift rather
than trying to solve the problem by taking appropriate corrective action.
More often than not, the problem employee
of today was the potential shining star of yesterday. The
authors have found that many of the same traits that produce the effective and
functional police officer will, if not self-managed appropriately, produce an
ineffective and dysfunctional officer who can be very destructive to the
department.
Most people enjoy the luxury an "ignorance
is bliss" mentality as they exist in the community. Police
officers do not enjoy that same luxury. Police work
requires young officers to learn a new way of interpreting the social
environment in which they spend their working hours.
Through training and street experience, officers quickly learn that their
survival -- and the survival of their fellow officers -- requires them to be
able to rapidly scan the environment and recognize potentially lethal or
hazardous situations before they occur.
Early in their careers, effective street
officers learn that the mind-set of office safety and street survival is a
necessary tool of the trade. They begin to interpret the
behavior of people and the outside world in general as potentially harmful to
their safety and survival. This allows officers to
interpret situations that most people would not even recognize as potentially
dangerous. This newly developed perceptual mind-set, which
the authors call "hyper vigilance," is the capacity to view the environment
and realize that situations and people have the capacity to -- without warning
-- become violent or create circumstances that threatens the officer's safety
and survival.
As young officers develop hyper vigilance
they are regarded by older officers as "street cops," not rookies.
Being told they are starting to think like a street cop is truly a
reward: one of the greatest compliments and reinforcements new officers can
receive from veteran officers. Hyper vigilance, although
absolutely necessary for officer survival, is not without emotional
consequences.
Hyper vigilance induces a heightened state
of physical arousal. As the autonomic nervous system moves
into the sympathetic response range when the officer goes on duty, an elevated
sense of sensory experience is produced. The officer
experiences a sense of exhilaration, an increased feeling of being alive,
increased energy, involvement, and camaraderie with the people whom the
officer shares the hyper vigilance experience. This is the
universally understood feeling cops experience when they say, "Police work
gets in your blood." Just as officers recognize and can
relate to the "on duty" side of hyper vigilance, they also recognize and
relate to the "off duty" side. It is the manner in which
the officer adapts to the "off duty" side of the cycle that can help predict
the long-term productive officer from the problem officer.
Homeostasis is the biological process that
produces balance in our physiological functioning.
Officers who feel involved, energetic and enthusiastic while on-duty become
the tired, detached, apathetic, isolated and depressed officer off duty.
The "biological roller coaster" allows the on-duty sympathetic response
to be replaced by the off-duty parasympathetic response.
After work, the involved, heat-seeking officer becomes the detached coach
potato. It is the daily ride on the biological roller
coaster that produces many of the well-known social and cultural phenomena of
the police world. When officers get home and are removed
from the element of risk, they no longer need to engage in the hyper vigilant
perceptual mode. As hyper vigilance begins to shut off,
the officer experiences a physical sense of exhaustion, isolation and
detachment. He or she does not want to be spoken to,
interacted with, or otherwise bothered. The television
acts as a semi-hypnotic trance inducers that helps the officer become more
isolated and avoid social interaction. Family, non-police
friends and basically the entire non-police world are put on the back burner.
When officers experience one physical
experience at work and another at home, their world soon becomes divided into
two distinct physical/psychological experiences. On-duty
they feel alive, energized, involved, talkative and sociable, and off-duty
they become detached, isolated and apathetic. Although
this division is experienced by almost all police officers, it is rarely
understood. Young officers quickly learn they feel better
at work. They find that conversations related to work or
police topics vicariously produce the elevated physiological sensation, while
non-police topics seem boring or inconsequential. At this
point, the police role starts to become all consuming.
Non-police related interests, activities and behaviors soon decrease and often
disappear altogether. This is the point at which the
problem employee usually begins to emerge. Future problem
employees over-invest in their police roles and under-invest or totally ignore
their personal life and non-police related activities.
Hyper vigilance produces highly motivated,
over-invested individuals for whom the police role and experience become their
lives. As they work hard they are recognized and rewarded
for their efforts and productivity. In the short run, this
over-investment appears to be a positive benefit. However,
it also lays the foundation for long-term dissatisfaction and resentment.
Officers who over-invest in their police roles are also officers who
under-invest in their personal lives. "I am a cop" takes
on a significant meaning to the problem officer. Left to
its own devices, this daily roller coaster ride will take its toll and become
a major factor in problem officers.
Supervisors should not confuse investment
in the police role with productivity. At first glance,
over-investment looks like pride, productivity and functional commitment.
However, over-invested officers inadvertently develop a sense of
singular identity by linking their sense of self-worth almost exclusively to
their police role, a role over which they have very little control.
Problem employees almost always are unable to distinguish what the
department controls and what they control. These officers
become hyper-sensitive to criticism or direction and personalize many of the
day-to-day administrative decisions and directions. Strong
resentment and resistance to anyone having control over their police role
appears to be a universal descriptor of the problem employee.
Some of those who start out as highly enthusiastic officers transform
into resentful, resistant and vulnerable officers who want to fight and
challenge supervisors and commanders who control or direct their police roles.
This feeling of emotional susceptibility can reach such magnitude that
it resembles paranoid victim-like qualities in problem officers.
Supervisors and commanders legitimately control the officers
professional roles, however problem employees have so over-invested in that
role that they perceive a sense of personal victimization each time an
administrative directive affects that role. As a result,
problem employees become hyper-sensitive to and paranoid-like of the
administration and believe management directives are personal assaults.
The highly invested three-year officer all too frequently becomes the
angry, sabotaging nine-year officer "waiting until I get my time in so I can
get away from this damn place."
This transition from the over-invested,
productive officer to the over-invested problem employee often times may be
produced precipitously by a career disappointment or disciplinary action.
As a result of under-investment in non-police roles the problem
employees often have no other emotional foundation on which to fall back.
They describe themselves almost exclusively as cops.
The resentment towards administrative authority is highly
disproportionate to the magnitude of the disappointment or discipline the
officer experiences. This can be seen in the classic cases
of officers left for prolonged periods of time in specialty assignments, such
as narcotics, undercover, SWAT, motors, or K-9 and then transferred
involuntarily back to uniform patrol. These officers, as
in the case of most problem employees, see themselves as victims who "gave and
gave and gave only to get screwed by the administration."
While the involuntary transfer of the specialty officer is more easily
understood, the dynamics producing the resentment and hostility towards
authority is the same.
For officers who did not need a non-police
life during the first years of their career, over-investment in the police
role often serves them well in the short run. However, as
the novelty of the job wears off, stress takes its toll.
These over-invested officers have no where to turn for relief -- no other well
developed emotional roles or ways of defining themselves besides being
officers. When interviewing problem employees, the authors
have had them go into great detail with these kinds of observations:
"I used to lead this department in arrests; I was one of the most
motivated cops in this department or unit; you check the record, I used to
never put in for overtime, I was always there when I was needed," etc.
Paradoxically, these problem employees
remain over-invested in the police role. However, their
over-investment switches from a positive, almost recreational experience to a
very negative, angry, paranoid-like sense of all-consuming victimization.
While these officers often are written off and regarded as "not caring"
anymore, nothing could be further from the truth. People
do not fixate, ruminate and litigate about things they do not care about.
Supervisors should not make the mistake of assuming that problem
employees do not care about their jobs. In reality, they
probably care about their job significantly more than productive officers or
supervisors; they just happen to express it negatively and dysfunctionally.
The authors have developed a two-pronged
approach for dealing with problem employees; working with the supervisors and
with the problem employees themselves. Supervisors require
information and insight into the dynamics of hyper vigilance and the
biological roller coaster. However, information and
insight are not enough to implement change. Supervisors
need to learn how to effectively with these employees in practical, real-life
terms. The authors offer a five-step model that is
designed to help supervisors become more confident and deal more effectively
with these employees. This model is based on professional
assertive communication patterns and sound management practices that require
supervisors to focus on behaviors and hold problem employees accountable.
The keys to dealing with "Problem
Employees" are a supervisor's willingness and ability to communicate, give
effective verbal and written feedback, follow up, and hold employees
accountable. Most supervisors say they have attended
schools, read books and watched other supervisors do the job.
However, most agree never have learned the practical skills required to
do their job effectively. Most law enforcement training
programs require students to demonstrate a level of practical proficiency
before they are allowed to graduate from the academy, work a police dog,
become a SWAT team member, fly a helicopter, etc. Yet,
supervisory training programs typically emphasize the theoretical aspects and
ignore the skill development and the proficiency needed to do the job
properly. Agencies never would expect an officer to safely
handle and accurately fire a weapon after classroom training alone; yet they
expect supervisors to effectively manage a squad of people without
giving them the practical training and skill development that is required to
do the job.
The five-step model teaches supervisors
how to communicate, give feedback, follow through and hold people accountable.
It is a practical template that can be used effectively in a variety of
actual work situations, ranging from the most simple to the most complex.
The beauty of this template is that it can be integrated into each
supervisor's personal style of management as well as his/her organization's
polices, procedures and regulations. To use this template
one does not have to change any existing forms, polices, procedures, etc..
The first step requires the supervisor to
identify the problem in clear, specific and objective terms.
It usually is easier for supervisors to discuss how they feel about the
problem or describe it in general, non-specific terms.
Until the problem can be clearly defined, it is a waste to time trying to find
solutions. When this step is not done well, or is ignored,
supervisors spend a lot of time trying to implement solutions for problems
they do not fully understand. Describing problems in terms
of poor attitude, unprofessionalism, arrogance, rudeness, not being a team
player, poor officer safety, etc., are not descriptions of what the real
problems are. Talk about problems in these terms leads to
misunderstandings, unnecessary conflicts, arguments and non-productive
discussion between supervisors and employees.
In order to do their job well, supervisors
must learn to separate their personal feelings and issues from job performance
and behaviors. Supervisors who do not define problems in
clear, specific, objective terms find it virtually impossible to separate
business from personal issues. Meshing business and
personal issues together leads to heated discussions and disagreements that
complicate, rather than solve, the original problem. When
supervisors do not ensure this step is done well, they usually fail to get
their point across to the employee. This can become very
frustrating to both the supervisor and the employee, and under these
circumstances it is unrealistic for supervisors to expect the employee to
implement the requested changes. Supervisors who are able
to describe problems in clear, specific, objective terms are in a better
position to focus on the facts and real issues and separate the personal
feelings from the business concerns. Obviously, problem
identification alone is not enough. It is, however, an
essential step that supervisors cannot afford to be overlook or ignore if they
want to effectively deal with problem officers.
Once identified, the problem must be
carefully analyzed. In any disciplinary matter, the
supervisor is clearly responsible for gathering all the facts and completing a
thorough, objective investigation. After the facts are
gathered, the supervisor can determine how serious the problem is and what
needs to be done. Since it is impossible for a supervisor
to devote equal time to all issues and problems, he/she must decide how much
of a priority this issue is and how much time he/she is going to devote to it.
The analysis stage is complete when the supervisor determines what are
the appropriate consequences if the problem continues and determines what
he/she is willing and able to do.
Supervisors are obligated to consider the
formal consequences that are described in their department rules or personnel
polices (typically, a continuum ranging from verbal counseling to
termination). However, they must not overlook the logical
consequences they have at their disposal. While formal
consequences are usually clearly defined by department rules, they are limited
and are often ineffective when dealing with these employees.
On the other hand, logical consequences are not well defined and are
limited by the supervisor's imagination. When used
properly they can be very effective. One of the key
reasons logical consequences are such an effective tool is the amount of
direct control supervisors have over using them. Formal
consequences often require approval from levels above. In
many cases, supervisors say it takes "an act of congress" to get their
recommendations through the system. Meanwhile, the problem
employee sits back and watches the ineffective system grind away.
After considering what consequences are
available, the supervisor must ask, "What am I willing
and able to do if the problem continues?"
The willing part can always be answered by
the supervisor, must decide if he/she is willing to carry out the discipline,
make the appropriate recommendations, document the problem, etc.
To answer the able part, the supervisor may
have to seek help from other resources, such as the department legal advisor,
human resource people, or mangers up the chain-of-command.
At this point, the supervisor must find out what the organization will allow
in terms of formal disciplinary action. It is pointless
for a supervisor to threaten an employee with disciplinary action if that
supervisor is either unwilling or unable to carry out the discipline in
question. Using such tactics as a "bluff" or a means to
get the employee's attention is guaranteed to backfire and exacerbate the
problem rather than help to solve it.
After the first two steps are completed,
the supervisor has developed a plan and it is time to have a discussion with
the employee. This is where supervisors traditionally
report a tremendous amount of discomfort and, in many cases, avoid doing this
unless there is no alternative. The goal of the discussion
stage is to make sure the employee has a clear understanding of what the
problem is, what he/she is expected to do differently and what the
consequences are if the problem continues. Supervisors
understand they cannot control whether or not an employee will change his/her
behavior. When supervisors effectively communicate their
message, it becomes the employee's responsibility to make the required
change(s) or face the consequences or disciplinary action.
A template to help supervisors conduct the
discussion and keep it on track is taught. The supervisor
begins the discussion by describing the problem in clear, specific and
objective terms. The supervisor then asks for the
employee's side of the story. It is important to remember
that, up to this point, the supervisor has collected all of the information
except the employee's side. It is imperative to get the
employee's side before continuing. If the employee offers
an explanation for the problem, the supervisor can consider it before moving
forward. When the supervisor decides to move forward after
hearing the employee's input, he/she makes it clear what the employee is
expected to do differently in the future. The supervisor
needs to articulate his/her expectations in clear, specific terms to avoid
giving the employee the opportunity to claim, "I didn't know that is what you
meant." The supervisor then describes the consequences or
disciplinary action that will occur if the problem continues, again in clear,
specific terms to avoid any misunderstanding. Finally, the
supervisor must ensure that the employee has a clear understanding of the
conversation. Here, the supervisor asks the employee to
repeat the information he/she has heard. It is imperative
that the employee repeat the information in the same terms the supervisors
used.
During the seminar, a considerable amount
of time is spent role playing and demonstrating how to close the communication
loop so the supervisor can be guaranteed that mutual understanding has taken
place. Even if the supervisor does a perfect job, the
employee may not agree with -- or like -- what was said and may not even
follow the directions. However, by using this template,
supervisors can be guaranteed that mutual understanding has taken place.
Supervisors must also learn how to respond to traps that employees
might use in an attempt to divert the focus of the conversation to other
employees, project blame on others, make accusations against other people,
verbally attack the supervisor, or otherwise try to get the supervisor off
track.
After the discussion, not before, the
supervisor must complete the documentation; whether it be a formal report, a
supervisory note, or an entry in the employee's file.
Proper documentation is essential if supervisors hope to successfully deal
with problems. Without proper documentation, supervisors
find themselves beginning all over again each time a problem resurfaces or a
new problem arises. The concept of progressive discipline
depends heavily on having documentation that addresses problems right from the
beginning.
Supervisors must learn to write their
objective observations about job performance and job-related behaviors, rather
than their personal commentary about motivation, perceptions and other
subjective matters. They have to write so the ultimate
reader (who in most cases does not have a clear understating or knowledge of
the problem and might not be from within the organization) can develop a clear
understating as to what is being said. Just as in a
criminal report, the writer will need that information months -- and even
years -- later to refresh his/her memory. The authors have
reviewed numerous disciplinary packages where the documentation made perfect
sense to the writer at the time it was written; however, months later during
the appeal, the supervisor as well as the civil service commission or judge
were equally confused by what was written. The
documentation becomes a relatively simple task if the first two steps are done
well.
Regardless of how well a supervisor
completes the first four steps of this process, the entire procedure becomes a
waste of time if the supervisor does not follow up and follow through.
Follow up means checking to see if the employee is doing as he/she has
been instructed. Follow though means implementing
consequences that were laid out during the discussion. Simply put, a
supervisor's actions will always speak louder than his/her words.
Supervisors who do not complete the last step, are part of the problem
rather than the solution. Lack of follow though virtually
ensures that the employee will continue to engage in the unacceptable behavior
and will discount the supervisor's future attempts to deal with the problem.
Supervisors inform the authors that
following through is often the toughest part because of the camaraderie
between law enforcement officers, past friendships, feeling very
uncomfortable, believing it is easier just to give another warning, or hoping
that the problem will just go away. At the same time,
these supervisors become very frustrated when the problems continue or get
worse. Supervisors who are reluctant to take immediate
action usually act only when they have "had enough" or can not longer "put it
off." This in itself leads to verbally explosive
confrontations because putting it off has made it very difficult to separate
personal emotions from job-related issues. Supervisors
who fail to follow though can be found in every problem employee's career.
Supervisors who avoid problems and hope they will just go away are only
fooling themselves. Ignoring problems simply postpones the
inevitable and makes the problems that much more difficult to deal with.
A frequent reaction to this model: "It
sounds good, but it will take too much time." Yes, it
does take time, but supervisors and organizations are faced with a very real
choice, "Pay now or pay later." The time spent dealing
with problems in the early stages is insignificant compared to the countless
number of hours spent dealing with escalating problems over and over again
during an employee's 20-or-more-year career. While
supervisors express concern about the time it might take to follow this
template, they are in total agreement that, if someone had taken the time with
a problem employee at the beginning of his/her career, many of the long-term
problems could have been prevented or dealt with effectively.
In many cases, supervisors point to officers whose careers might have
been saved had they not been allowed to drift so far a field.
While this process does take time, the real question is, "If we take
the time to do the job well now, how much time and how many careers could be
saved?"
The second prong of the intervention deals
with working with the problem officer in an educational/informational group
process. It has been the authors' experience that many times police
administrators correctly identify the problem employee, but do not take action
until the employee engages in behavior significant enough to warrant direct
discipline (which is sometimes quite rare). Problem officers
are often sent to the department psychologist for a "Fitness for Duty"
evaluation. While this is motivated by the administration's
awareness that the officer is displaying inappropriate work-related attitudes
and behavior, traditional psychological diagnostic assessment does not
effectively address the issue. In addition, a referral to
the psychologist does not take the place of effective management intervention.
Problem officers are usually found fit for duty and a general feeling of
frustration is experienced by all parties.
The authors have conducted group educational
interventions for officers selected by their respective departments.
The officers learn about hyper vigilance, the biological roller coaster
and how these elements lead to behavior deficits in their personal, non-police
lives. Employees learn about the dynamics of anger and how
to assume personal responsibility for their own emotional reactions.
The goal of this training is to help the officer divide his/her life into
police and non-police roles and recognize the degree of under-investment that
has occurred in his/her non-police role.
Paradoxically, when officers are able to
invest less in their police role, productivity increases and resentment towards
administrative direction loses the paranoid-like interpretations.
After this training, many officers have
commented, "I don't run the department, but I do run my own life. It's time I
start doing some of the things I used to do." The authors
provide the negative, cynical and self perceived victimized problem officer with
a sense of control over his/her sense of self worth by addressing the down-side
of the biological roller coaster, as opposed to taking control of the events at
the top by engaging in negative, sabotaging and defeatist behavior patterns.
Law enforcement agencies
do not have to sit helplessness and accept or tolerate problem employees.
The key to solving this problem can be found in supervisory training
programs that combine theoretical knowledge with practical skills and require
students to demonstrate proficiency in the essential management skills.
Departments can utilize either prong of the authors' intervention
process, either together or separately. Clearly, the most
successful results will occur when the department addresses this issue from both perspective.