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Chap.10.Boss.Weve.Got.A.Problem..pptx

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“Boss We’ve Got a Problem”

PUP 3054 Policy and Ethics

10/16/2018

Main Ethical Issue

Is it ethical to fire someone, who has been accused of a very bad crime, without going through full due process of the law?

Sub Ethical Issues

Is it ethical to treat someone as if they were guilty when there was no emission of guilt?

Is it ethical that they placed Mr. Upton on unpaid leave and made him surrender his badge and weapon before due process of the law?

Is it ethical that, without a full due process of law, that the reputation of what may be an innocent man be ruined?

Is it ethical to believe a young 12 year old boy of being molested by one of the town’s favorite without a proper evaluation/due process?

Is it ethical to not follow a contract, which was to pay Mr. Upton his unused sick time and vacation time?

Is it ethical that Mr. Upton did a lot of things in the community that involved children when he knew that he had a dark secret?

Is it ethical that Officer Upton could have been set up due to the jealousy of his co-workers and is paying with it with his life/career/reputation?

Story

Charlie Upton is a well-respected policeman raised and working for Summit, a mid-sized village in the Northeast. Officer Upton is the head of Child Protective Services, in which all matters that involve juvenile’s call for Officer Upton. As a 17 year veteran in the police force, a Summit school board chairman, coach of an 11-13 year old boy’s pee-wee league football team, and notable figure in the community, Officer Upton is beloved by his community. Officer Upton is extremely passionate about his work, especially serious when it comes to being a pee-wee football coach- he did not like to lose. Officer Upton, single and having no children of his own, even became the villages Santa during Christmas time. Being passionate for football and the young boys on his team, Officer Upton thought it would be a great idea to take the boys to Florida’s Disney World for their winning season. Some of the boy’s parents thought this would be a fabulous treat, however, Village Administrator, Tim Bell (whose son was on the team named Timmy), thought otherwise. This revelation would soon split Summit wide open. Officer Upton held a dark secret. He liked and prayed upon little boys. Village Administrator, Tim Bell would soon hear from Police Chief, Martin Owens, about an urgent matter, “boss we’ve got a problem (Thompson, W. N., & Leidlein, J. E., 2009).”

Story Continued

Chief, Martin Owens, talk Mr. Bell that he got a call from a social worker who was treating a 12-year-old boy for emotional problems, telling the social worker that the boy had been molested by Officer Upton. This news was shock and agreed that the matter be fully investigated by an outside agency, and kept between themselves and Upton’s supervisor. The heated discussion of what to do with Officer Upton until the investigation started became the hot topic. Administrator Bell wanted Officer Upton to be relieved of his duties pending the outcome of the investigation, and Chief Owens, who is already under public scrutiny for his strict policies, wanted Officer Upton to be at a desk job until the allegations were proven or unproven. Officer Upton’s supervisor sided with the Chief Owens, and eventually all agreed to put Officer Upton at a desk job. Village Administrator, Bell, called Officer Upton in for a meeting, then instructed Chief Owens to meet with him after his meeting with Upton. When Officer Upton was asked about the allegations he seemingly gave off an admission of guilt by Village Administrator Bell, directing Officer Upton to be placed on unpaid leave and surrender his badge and weapons (Thompson, W. N., & Leidlein, J. E., 2009).

Story Continued

The investigation was said to take about 3 weeks, where Bell, Owens and Upton’s supervisor discussed what to do if the media found out. The investigation was completed and Officer Upton was charged with criminal sexual conduct with a minor and was terminated before charges were announced. When the Village Council got together they were upset that they were not made aware of the situation sooner. The council argued that Bell should not have been terminated without being convicted, and wanted Officer Upton back in uniform, some believing that even if it were true that he would never do it again. Village Administrator, Bell, refused. The media soon found out and many were on Officer Upton’s side because he was such a beloved figure in the community, and were in disbelief. When Bell and Owens were interviews on camera they rehearsed their answers beforehand after drafting anticipated media questions, and mislead that they knew nothing about the case until now. One question that was asked by the media (on camera) to the superintendent of the schools was what he/she planned to do while the charges pended, and his/her response was that Officer Upton was not enrolled in [this] district, thus was not a concern of his/hers (Thompson, W. N., & Leidlein, J. E., 2009).

Story Continued

After Officer Upton’s termination, the village’s finance director brought Village Administrator, Bell, a separation of pay form to sign, in which contractually (and traditionally) employees who separate their unused sick time and vacation time was paid for. He refused to sign it, and did not care if he got sued for his decision and Officer Upton never did get paid. Officer Upton hired an attorney and was arraigned and given personal bond with the condition that he have no contact with children. Upton plead no contest, and while not an admission of guilt, he was treated as if it were. Officer Upton was sentenced to wear an electronic tether and two years on probation, serving no jail time. To this day a lot of the village feel that Officer Upton was set up by Village Administrator, Bell, and Police Chief, Owens, because of Upton’s popularity and power in the community (Thompson, W. N., & Leidlein, J. E., 2009).

Key Points in the Story

Officer Upton is a 17-year veteran on the work force, in Summit, and a notable figure in the community.

Officer Upton’s passion for football and trip to Disney with his winning pee-wee football team would be a revelation that splits Summit wide open.

Officer Upton held a dark secret, he liked and preyed upon young boys.

Officer Upton was accused by a 12-year-old boy of molestation.

A heated discussion between Bell and Owens on what to do with Officer Upton became a hot topic.

Chief Owens wanted to give him a desk job, while Administrator Bell wanted to terminate him.

When questioned by Owens and Bell, Officer Upton seems, to them, to give an admission of guilt.

Key Points in the Story

Media then finds out and the community is in uproar.

Village Administrator, Bell, terminates Officer Upton, pending an investigation.

After the investigation was completed and Officer Upton was charged with criminal sexual conduct with a minor and was terminated before charges were announced.

Officer Upton was sentenced to wear an electronic tether and two years on probation, serving no jail time.

To this day a lot of the village feel that Officer Upton was set up by Village Administrator, Bell, and Police Chief, Owens, because of Upton’s popularity and power in the community.

Stakeholders and Perspectives

Officer Upton- As a 17 year veteran on the police force and a beloved figure in the community, Officer Upton is upset that he is being accused of such a crime. “There goes 17 years down the drain,” is a comment that Upton made when asked about the crime. He also stared at the floor, during the questioning, which indicates that he is either shocked or in disbelief that he was either caught or accused of a heinous crime.

Village Administrator Bell- Thinks that termination of Officer Upton is the appropriate thing to do without due process of law. This may be because Bell has a son on Officer Upton’s Pee-Wee football team, and protecting his family is of top priority to him. Or, it could just be because of who he is and how he handles business. Officer Bell could also have a hidden agenda to get rid of Officer Upton because of his notoriety and power in the community. The interest of Administrator Bell would be to get ride of Officer Upton because he is a treat to him.

Stakeholders and Perspectives

Chief Police Owens- Different perspective then Village Administrator, Bell, when it comes to what should be done with Officer Upton. Owens wants Officer Upton to be put at a desk job until the investigation is over. Chief Owens could also have a hidden agenda in this case to get rid of Officer Upton because he is a threat, due to his popularity and power in the community. The interest of Chief Owens is to get ride of Officer Upton because he holds too much power and respect in the community, and is a threat to him.

Children on the Pee-Wee Football Team- These children are venerable and could be potential victims of Officer Upton. They could also just be having a great time and Officer Upton’s generosity and friendliness is a strong trait of his, so taking them to places, like Disney World in Florida, after an exceptional session was just a nice gesture.

Timmy- As the son of Village Administrator, Bell, Timmy has a closer niche with Officer Upton because he works closely with his father. Timmy is between 11-13 years-old and is a venerable child in this case and it seems as though he is just being a child and has an extremely protective father.

Stakeholders and Perspectives

Victim- A 12-year-old boy accused Officer Upton of molestation. He was probably very scared and still is. However, there are two sides to the situation. Some believe that the boy was lying to hurt the reputation of Officer Bell, and some believe the boy.

Social Worker- He/she called Administrator Bell on the phone to tell him about the allegations of a 12-year-old boy being molested by Officer Upton. Their perspective would be to treat the boy and follow policies and procedures of the job.

Officer Upton’s Supervisor- He/she played a role in the conversation of what to do with Officer Bell. He/she sided with Chief Owens, agreeing that the right thing to do was to place Officer Upton at a desk job pending the investigation. It must have been hard to be in the middle of two bosses and choosing what the right thing was. The supervisors vote ended up not counting because Village Administrator, Bell, had already made up his mind to terminate Upton.

Stakeholders and Perspectives

Superintendent of School Board- Officer Upton is not in his/her particular district, therefore, he/she believes that Officer Upton’s case has nothing to do with him/her. The superintendent does not want to be part of this case and is taking no action to protect the children in the community. This is an observation from a statement in the media. He/she could think something later on or off camera to do something about Officer Upton’s case.

Village of Summit- A lot of the community loves Officer Upton and thinks that the child, who is accusing Officer Upton of such a harsh crime, is lying. Also, some of the community thinks that there could be people setting up Officer Upton, such as Administrator Bell and Chief Owens, due to his notoriety and power in the community.

Officer Upton’s Family- I am sure it is hard to hear something like this from someone that you love. Also, protection for the family could be necessary due to angry families in the community seeking revenge.

Stakeholders and Perspectives

Officer Upton’s Friends- Wanting to never hear your friend be accused of such a heinous crime, you will have upset friends and you will have angry friends. There could be instances where friends notice behaviors that are not normal but not think much more than that. Or, this could just be completely shocking news and side with Officer Upton. Like the family, you want to protect yourself from people with malleus intentions and are seeking revenge. As a friend, you would also want to comfort someone who is going through a tough time. Depending upon how close of friend or how good/bad of friend there will be a few different perspectives.

Attorney(s) (Outside Agency)- Following policies and procedures of their job is their perspective on the case. They did state that the investigation would take about 3 weeks to complete.

Summit Council Members- The council was very upset about the ‘knee-jerk reaction’ of Administrator, Bell, in terminating Officer Upton. Three out of the five council members voted to put Officer Upton back into a police car until the investigation was over. Therefore, there are different perspectives of four out of the 7 council members. Some of the council thought that even if he did commit the crime that he would never do it again.

Stakeholders and Perspectives

Media- Media plays a role in this case due to some questions that were asked to members in the community. Responses from Village Administrator, Bell, and Chief, Owens, were rehearsed. This could have given false pretense to the case. The superintendent of the school board was also on camera stating that he would not do anything about Upton because he was not in his/her district. Media influences a lot of people in any case, but due to the nature of this crime, the hole community was in uproar.

Expert- Janice K. Wittman Ph.D., RN

Janice K. Wittman Ph.D., RN is a retired Nursing Educator and was Program Director Evenings for St. Petersburg College Associate Degree Program from 1990 to 2012 and has had extensive teaching and course work centering around Medical Ethics and the theories and principles related to ethical decision making. Currently Dr. Wittman is Chairman of the Board at Northside Hospital in St. Petersburg, Florida. Dr. Wittman entered the Nursing Profession in 1967 and has had the opportunity to work in a variety of nursing positions while advancing her nursing education at Marquette University. Her doctorate is in Health Education from the University of Toledo.

Expert Opinion

Policies and procedures for the police department, as well as the school board, must be followed. To fire someone without a full investigation would not be appropriate for a couple of reasons. One, it does nothing to protect the children in the community. For instance, they could fire him and he could leave town. Second, he has the right to a full investigation and due process, as well as the victim. There also needs to be an opportunity for other people/children to come forward. It is critical that Officer Upton is kept on supervision and not free to roam the country. Following policies, procedures and law is crucial. The ethical thing to do is to hold the person accountable by putting them on administrative leave pending the outcome of the case.

Related Laws

Due Process of Law- A fundamental principle of fairness in all legal matters, both civil and criminal, in the courts. All legal procedures set by statute and court practice, including notice of rights, must be followed for each individual to prevent prejudicial or unequal treatment. The term can be gauged by its aim to safeguard both private and public rights against being unfair. The universal guarantee of due process is in the Fifth Amendment to the U.S. Constitution, which provides "No person shall…be deprived of life, liberty, or property, without due process of law," and is applied to all states by the 14th Amendment. From this basic principle, many legal decisions determining both procedural and substantive rights come about (Legal Dictionary. (n.d.), 2018).

Police Misconduct- 42 U.S. Code, Section 1983- It is unlawful for anyone acting under authority to deprive someone of federal and constitutional rights. The most common claims against police officers is false imprisonment, malicious prosecution and excessive force, which we are all protected against by this law (42 U.S. Code, Section 1983. (n.d.), 2018).

Ethical Principals

Natural Law- Based upon what is good and what is evil. It is derived from the rational nature of human beings. It is derived from a concept that the universe is governed by cosmic laws on which human conduct should be based. It is a moral sense, as a human, to decide what is right and what is wrong (Lewis, C. W., & Gilman, S., 2012).

Principles of Ethical Conduct for Government Officers and Employees (Executive Order 12731)- There are 14 principals of ethical conduct to ensure every citizen can have complete confidence in the integrity of the Federal Government, and each Federal employee shall respect and adhere to these 14 fundamental principles of ethical service as implemented in their regulations (Principles of Ethical Conduct for Government Officers and Employees. (n.d.), 2018).

Similar Situations

Miami-Dade Police Lieutenant, Gonzalez, was arrested this year for accusations of molesting a girl from 2011-2013, when she was ages 8-10. He was charged by his own agency. Gonzalez, 44 years-old, was a 19 year veteran of the police force, similar to that of Officer Owens. Miami-Dade Police Director, Perez, stated that there would be a full investigation, and that no one is above the law. Gonzalez was also part of a Police Special Patrol Bureau. It seems that he is a well respected Police Officer in the community. Being a 19 year veteran, being part of a special task force, and having respect in the community shows the similarities to Officer Upton’s case (Batchelor, A., & Finnie, A., 2018).

Similar Situations Investigation reveals about 1,000 police officers lost jobs over sexual misconduct

In a year long investigation, the International Association of Chiefs of Police (AP) obtained records from 41 states, from 2009-2014, and reported that 550 officers were decertified for sexual assault, including rape, sexual shakedowns in which citizens were extorted into performing favors to avoid arrest, or gratuitous pat-downs. 440 other police officers lost their badge to similar sexual assaults, such as possessing child abuse images, or for sexual misconduct. The law enforcement officials in these records included state and local police, sheriff’s deputies, prison guards and school resource officers, not including federal officers. According to the article, one way to prevent people in high positions from committing such crimes is to do a robust screening of all applicants. However, screenings amongst departments vary, and even then, with stringent standards, can you go so far. With serval states missing and federal officers this count is undercounted. This sheds light on situations involving people with power committing heinous crimes. Something else needs to be done to protect not only the people being sexually assaulted, but the protection of police officer’s as well (City, A. P., 2015).

Recommendation

Having Officer Upton terminated without a full investigation and due process of law is not appropriate in my opinion. Your Constitutional rights should be top priority for both Officer Upton and the victim. I would suggest that Officer Upton be placed at a desk job with supervision until the full investigation is over. Making sure that Officer Upton does not have the ability to leave town or harm other children is imperative, and why supervision is a must. Also, the victim needs to make sure that he is protected, as well as if there are any other victims. Officer Upton did not give an omission of guilt, therefore, terminating on the spot would not be the right thing to do. Also, it would not be right to return all of his job duties and put him back in a police car, to maybe harm again. After a full investigation and due process of law on whether he is guilt or not guilty, would it [then] be fine to either give him back his full job duties or revoke them with termination. Remembering to keep the community safe during the investigation, as well as protecting Officer Upton’s rights, is the correct thing to do. It is unethical to fire someone, who has been accused of a very bad crime, without going through full due process of the law. It is also unethical to not follow policies and procedures of the Summit Police Department.

Another thing that I would recommend, and my expert helped me with, is getting counseling for both Officer Upton and the victim regardless of the outcome of the case.

Main Ethical Issue and Sub Ethical Issues