concise Analysis of Human Resource Management Civil Liability Risk Essay

Pages: 4 (1296 words)  ·  Bibliography Sources: 4  ·  Level: College Senior  ·  Topic: Human Resources

SAMPLE EXCERPT:

[. . .] Other examples include Gabriel v. City of Plano, Popow v, City of Margate, Zuchel v, Denver, and Taylor v. County Berks (Ryan, 2006). These cases clearly underscore the importance of training police officers beyond their basic training.

Alternative Solutions

Training police officers on civil liability prevention does not necessarily mean that that a police department will be totally free from civil liability litigation. There could be instances of police officers going against departmental policy, or officers violating citizens' civil rights even with the right training. Accordingly, it is important for the department to clearly spell out the implications on individual officers for violating departmental policy or regulations governing police conduct. In addition, the police department should cultivate a culture of adhering to laws and policies. As explained by Blankenship (2015), departmental policies may not be effective if the department is accustomed to disregarding policies. The implication is that administrators must play a frontline role in ensuring compliance with departmental policies. For instance, taking disciplinary action on officers that violate departmental policies would send a clear message to every officer in the department that such behavior cannot be tolerated.

Other measures that can be taken to minimize civil liability on police departments include: remaining up-to-date with legal developments, using tape recorders whenever possible, contacting an attorney prior to taking action, documenting each case properly, as well as continuous emphasis on ethics and integrity (Department of Public Safety, 2012). It is also important for municipalities and police departments to consider law enforcement liability insurance. The need to invest in law enforcement liability insurance is particularly informed by the fact that claims of civil rights violation may not be totally avoidable. Even with comprehensive police training, a rigorous departmental policy, proper legal guidance, and emphasis on ethics and integrity, there could be instances of civil rights violation. In addition, courts may at times rule against police departments. Law enforcement liability insurance would come handy in such cases.

Conclusion

While at the academy, police officers receive comprehensive training on law enforcement and discipline. Nonetheless, little attention is paid to the interpersonal or humanistic aspects of their job. This largely explains why civil liability cases against police departments remain widespread due to the violation of constitutionally protected rights by police officers. Whereas the importance of police academy training cannot be underestimated, the training is often not enough on its own. It is imperative for police departments to provide their officers with comprehensive and regular training on non-crime policing, especially with regard to civil liability under both state and federal statutes. Police training should actually be viewed as a crucial managerial responsibility. This way, police departments will minimize exposure to civil liability litigation. Above all, emphasis should be placed on fostering a culture of enforcing and adhering to laws and departmental polices.

References

Blankenship, S. (2015). How to avoid police liability. Keuler, Kelly, Hutchins & Blankenship, LLP. Retrieved 22 September 2016 from: http://kkhblaw.com/stacey-a- blankenship/how-to-avoid-police-liability/

Daly, J. (2012). Human resource management in the public sector: policies and practices. New York: M.E. Sharpe, Inc.

Department of Public Safety (2012). Civil liability and civil rights. Retrieved 22 September 2016 from: http://nmlea.dps.state.nm.us/wp- content/uploads/2012/05/Civil_Liability_and_Civil_Rights.pdf

More, H., Vito, G., & Walsh, W. (2012). Organizational behavior and management in law enforcement. 3rd ed. Upper Saddle River, NJ: Pearson Education.

Riccucci, N. (2015). Public personnel management: current concerns, future challenges. 5th ed. New York: Routledge.

Ryan, J. (2006). Legal/liability issues in the training function. Legal & Liability Risk Management Institute. Retrieved 22 September 2016 from: http://www.llrmi.com/articles/legal_update/liabilitytraining.shtml

Spencer, W. (2007). Suggested topics for training police departments in section 1983 liability. Presented at the Attorney's Association… [END OF PREVIEW]

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