180409 Meeting MaterialsMaria T. Cisneros
Golden Valley City Attorney
DIRECT 612.843.5828
mcisneros@bestlaw.com
BEST & FLANAGAN LLP
60 South Sixth Street, Suite 2700 Minneapolis, Minnesota 55402
TEL 612.339.7121 FAX 612.339.5897 BESTLAW.COM
Memorandum
DATE: April 4, 2018
TO: Tim Cruikshank, City Manager
FROM: Maria Cisneros, City Attorney
REGARDING: Police Civil Service Commission Responsibilities, Delegation & Liability
FILE NUMBER: 000090-317012
I. Introduction & Summary
Under Minnesota Statutes Chapter 419 (the “Act”), the Golden Valley Civil Service
Commission (the “Commission”) has “absolute control and supervision over the
employment, promotion, discharge, and suspension of all officers and employees of the
police department.”1 The purpose of the Commission is to promote fairness and transparency
in police department hiring practices. Given the breadth of the Commission’s responsibilities
under the Act, the Commission’s actions and policies can present significant liability for the
City.2 Accordingly, it is appropriate for the Commission to delegate certain responsibilities to
City staff to mitigate potential liability and ensure efficient employment practices within the
police department. As long as the Commission creates rules to guide the staff’s actions and use
of discretion, retains overall discretion to make final certification decisions, and retains
discretion to prescribe rules and formulate the selection process, delegation of Commission
activities is permissible under the Act.
II. Analysis
A. Scope of Civil Service Commission Responsibilities
The Act was originally enacted in 1929 to eliminate political partisanship in police department
staffing.3 Under the Act, the Commission has “absolute control and supervision over the
employment, promotion, discharge, and suspension of all officers and employees of the police
department.”4 The Commission is responsible for supervising and overseeing the hiring,
promoting, suspending, and terminating of police department personnel.5 The Commission’s
authority and role in each of these areas is defined in the Act. Despite the scope of the Act,
1 Minn. Stat. § 419.05; Golden Valley City Code § 2.55 (adopting Minn. Stat. §§ 419.01–419.18).
2 State ex rel. McGinnis v. Police Civil Service Comm’n., 91 N.W.2d 154 (Minn. 1958).
3See Yaeger v. Giguerre, 23 N.W.2d 22, 24 (Minn. 1946); Naeseth v. Village of Hibbing, 242 N.W. 6, 7 (Minn.
1932); State ex rel. Kos. v. Adamson, 32 N.W.2d 281, 282 (Minn. 1948).
4 Minn. Stat. § 419.05.
5 Id.
Memorandum
Page 2
the authority of the Commission is limited in some ways.6 For example, the Commission
does not have authority to establish pay scales, vacations, sick leave, hospitalization, insurance,
or other fringe benefits.7 Nor does the Commission have the authority to make final hiring
decisions—that authority is vested in the City Manager as the appointing authority.8
The Act requires the Commission to adopt rules to promote police department efficiency and
to carry out the purpose of the Act.9 The Commission’s responsibilities are defined in the Act
and include the following:
a. Grade and classify all employees of the Police Department and prepare a service
register.10
b. Create and maintain an application register containing the names of all applicants.11
c. Prescribe application forms.12
d. Prescribe standards of fitness and efficiency for each office, position and
employment.13 The Act requires that each examination test the applicants’
qualifications and fitness for the office; however, it does not explicitly required the
Commission to create or administer the examinations. In fact, the Act explicitly
authorizes delegation of examination administration to the chief of police and “every
employee” of the department.14
e. Try charges of misconduct and inefficiency brought by a superior officer or the City
Manager at the election of the affected employee.15
f. Adopt rules to promote efficiency in the police department and to carry out the
purposes of the Act. 16 The rules must cover at least the following:
i. Classification all offices and employments in the police department.
ii. Public competitive examinations to test the fitness of applicants.
iii. Public advertisement of all examinations.
6 Op. Att’y Gen. 785-e-2, October 21, 1965.
7 Id.
8 Minn. Stat. § 412.651, subd. 3; Op. Att’y Gen. 120, Dec. 16, 1974 (stating that the Commission does not
have the authority to appoint personnel).
9 Minn. Stat. § 419.06.
10 Id. §§ 419.05, 419.08.
11 Id. § 419.05.
12 Id.
13 Id. § 419.08.
14 Id. § 419.09.
15 Id. § 419.11. In practice, the Commission’s role in hearing termination appeals has largely been replaced by the
union labor grievance process at the election of the affected officers.
16 § 419.06(1)–(11).
Memorandum
Page 3
iv. Creation and maintenance of an eligible register containing the names of
eligible candidates after successful examination in order of their standing in the
examination.
v. Creation of rules for striking names from the eligible register or rejecting
candidates or eligibles that do not meet the minimum requirements.
vi. Certification to the appointing authority (the City Manager) of the three names
standing highest on the eligible register to fill any vacancy.
vii. Procedures for temporary appointments without examination.
viii. Promotion based on competitive examination and upon records of efficiency,
character, conduct and seniority.
ix. Suspension.
The Act does not require the Commission to carry out the day-to-day work called for by its
rules, nor does it require that all decisions be made by the Commission itself. Furthermore, the
Act does not prohibit the Commission from delegating such responsibilities to City staff.17
In practice, many Civil Service Commissions delegate responsibility for carrying out the
procedures embodied in their rules to City staff or other third parties.18 For example, the City
of Maplewood delegates a substantial amount of responsibility to staff, including the creation
of classifications and job descriptions, suspensions, training, performance evaluation, and
moving employees from one position to another within a the same class.19 In Minneapolis, the
rules specifically authorize the Human Resources Department to coordinate training and
implement processes for evaluating job performance “in order to achieve a comprehensive,
integrated human resources management system.”20
The reasons behind this common practice of delegating to staff appear to be practical. First,
the Act requires the Commission to oversee virtually every aspect of police department
employment. The demands of creating, monitoring and maintaining the lists; drafting job
descriptions and classifications; coordinating, administering and grading testing; interviewing
17 Anderson v. Police Civil Service Comm’n, 414 N.W.2d 389, 392 (Minn. 1987) (“The statute’s language
neither explicitly prohibits delegation of any of the statutory authority given to the Police Civil Service
Commissions nor does it specifically mandate that all decisions of all facts of the process relative to personnel
matters under the jurisdiction of the Police Civil Service Commissions be made by the commission itself.”).
18 See, e.g., Id. (upholding the commission’s decision to delegate the oral examination of applicants to a panel of
non-commission members).
19 See, e.g., City of Maplewood Police Civil Service Commission Rules and Regulations § 4 (stating that “[t]he
Human Resource Director, in conjunction with the Police Chief, will create classifications and job descriptions
and will periodically review them for needed changes” subject to review by the commission); Id. (“the Chief of
Police, subject to the approval of the City Manager, shall have authority to suspend said Department employee
from duty with or without pay”).
20 City of Minneapolis Police Civil Service Rule 3.
Memorandum
Page 4
candidates; keeping abreast of the employment status of eligible candidates; training and
evaluating staff; and handling disciplinary matters is substantial. Given the broad scope of the
Commission’s oversight responsibilities and the complexity of the matters it oversees, it would
be impractical to expect a group of three part-time volunteers to complete all of this work
without staff involvement.
Second, the structure of the Commission itself makes it difficult for the Commission to conduct
business on a day-to-day basis. Under the Act, the Commission must be composed of three,
unpaid Commissioners.21 To the extent Commissioners wish to handle these matters directly,
they may only do so if one Commissioner handles the matter alone, or the whole Commission
meets and holds a public meeting. The Commission is comprised of only three members,
therefore, any time two or more commissioners gather to discuss Commission business, the
meeting must be noticed and open to the public. 22 This means that Commissioners cannot
collaborate with each other to handle matters outside of public meetings.
Finally, the responsibilities of the Commission require expertise in human resources,
employment law, law enforcement, and public administration. The City has never required
Commissioners to have backgrounds or expertise in these areas and often Commissioners have
little or no relevant experience. Delegating primary responsibility for carrying out the policies
of the Commission to full-time staff, including subject matter experts such as human resources
and administration professionals, ensures that the Commission’s policies are consistently and
systematically followed and that they are in-line with the employment practices of other City
departments. Additionally, engaging subject matter experts reduces the City’s potential liability
for employment related claims under applicable state and federal employment laws, as well as
claims for violations of the terms of the City’s collective bargaining agreements. Subject matter
expertise is required to handle employment, discipline and record keeping matters, which are
all highly regulated under state and federal law, and which are subject to other City policies
and requirements.
B. The Act Allows the Civil Service Commission to Delegate to City Staff
The Commission may delegate some of its responsibilities to City staff. However, the power to
delegate is not unlimited. The Commission may delegate all administrative and non-
discretionary responsibilities as well as certain discretionary authority to the City Manager and
21 Minn. Stat. §§ 419.02, 419.04.
22 Minn. Stat. § 13D.01, subd. 1; Moberg v. Indep. Sch. Dist., 336 N.W.2d 510, 518 (Minn. 1983)(“[M]eetings
subject to the requirements of the Open Meeting Law are those gathering of a quorum or more members… at
which members discuss, decide, or receive information as a group on issues relating to the official business of
that governing body.”); Minn. Stat. § 419.01, subd. 1.
Memorandum
Page 5
City staff so long as the Commission retains oversight over the process used in hiring,
promoting, suspending, and terminating police department personnel.23
In Anderson v. Police Civil Serv. Comm’n,24 the Minnesota Supreme Court held that “a
municipal police civil service commission . . . may delegate certain discretionary authority . . .
[and that] such delegation is not illegal so long as [the commission] retains and exercises
ultimate authority over the general selection process.”25
In Anderson, an unsuccessful applicant contended that the Willmar civil service commission
impermissibly delegated its discretionary authority to non-commission members by appointing
an interview board of persons familiar with law enforcement and city management to conduct
and score the oral examinations.26 The unsuccessful applicant argued that it was “illegal for
the commission to redelegate any of [its] power to an interview board by uncritically accepting
the recommendation of the board.”27
The Court ultimately determined that although the commission delegated portions of the
selection process, the delegation was permissible because the Commission (1) retained overall
discretion to make the final selection; and (2) retained discretion to formulate the selection
process. In so holding, the Court pointed out that while the Act states “that rules for
employment-related examinations be made by the police commission, nowhere does the [Act]
mandate explicitly that decisions under these rules be made by the commission itself.”28
Furthermore, the Court specifically noted that the Act “omits to explicitly state, or even imply
that the commission must be the sole body to exercise individual decisions under [its]
prescribed standards” of fitness and efficiency.29 Accordingly, there is no question that some
level of delegation is contemplated by the Act and appropriate to achieve the purpose of the
Act.
The question of which responsibilities are permissible to delegate is less clear, but the various
court cases and attorney general opinions available on the subject treat the matter as a factual
question that is examined on a case-by-case basis and hinges on whether the Commission
retained final oversight and control over the function.30 Some examples of delegable duties
under Anderson include employment decisions made under existing civil service rules, decisions
23 Anderson, 414 N.W.2d 389.
24 Id.
25 Id.
26 Id. at 389–90.
27 Id. at 392.
28 Id. at 392–93.
29 Id. at 393.
30 See generally Anderson, 414 N.W.2d 389.
Memorandum
Page 6
regarding whether applicants have met the proscribed eligibility and fitness standards,
administration of written examinations, and administration of oral interviews.
The U.S. Supreme Court, in Wichita Railroad Company v. Public Utilities Commission,
addressed a similar question related to delegation and concluded that a rule making body may
delegate authority to an administrative body as long as the rule making body promulgates “a
certain course of procedure and certain rules of decision” for the administrative body to
function under.31 In other words, the rule making body must set up some standards or rules to
guide the administrative agency’s actions, determination of facts and use of discretion. Under
this precedent, the relevant legal question is whether the Commission, through its rules, has
provided procedures to guide City staff in its actions, determination of facts and use of
discretion with respect to police department employment matters.
There are certain functions that the Commission may not delegate. For example, because the
Commission must retain ultimate oversight over the selection process, the final certification of
the list of eligible candidates and the approval of commission rules cannot be delegated.32
Notably, the Commission may not delegate its rule making authority because to do so would
strip it of the ability to create a course of procedure and rules of decision.33
In summary, as long as the commission creates rules to guide the staff’s actions and use of
discretion, retains overall discretion to make the final certification selection and retains
discretion to formulate the selection process, most other commission duties may be delegated
to staff or other third-party experts.
C. Liability Concerns Related to Civil Service Commission Activities
Having opted into the Act, the City faces some unique liability risks owing to the Commission’s
involvement in and responsibility for employment matters within the police department. It is
not uncommon for Minnesota cities to face legal action over civil service commission rules,
conduct and decisions. 34 Some examples of topics over which civil service commissions and
Cities have been sued include:
31 260 U.S. 48, 59 (1922).
32 See generally Anderson, 414 N.W.2d 389.
33 Id. at 394.
34 Andrew Wig, Minnesota Supreme Court Rules Against Richfield Police Promotion Process, SUN CURRENT, Jul.
1, 2015, available at https://www.hometownsource.com/sun_current/news/local/minnesota-supreme-court-
rules-against-richfield-police-promotion-process/article_0acf0694-7368-50b7-bf93-d84b38f90ec7.html.
Attached as Exhibit A. See also newspaper articles relating to 1957 Golden Valley Supreme Court case attached
hereto as Exhibit B.
Memorandum
Page 7
Whether the oral examination process prescribed by a civil service commission was
sufficiently competitive and objective.35
Whether a civil service commission’s certification of candidates was valid. 36
Whether a civil service commission placed the appropriate weight on seniority in the
promotion process.37
Whether a civil service commission adequately considered personnel records in the
promotion process.38
Whether an appeal of a civil service commission’s demotion of a police officer could be
assigned to a three judge panel.39
Whether a civil service commission was required to consider the soldiers preference act
in grading officers.40
Whether a civil service commission’s findings of a police officer’s misconduct or
inefficiency could be set aside and the facts relevant to the misconduct tried before a
jury.41
Whether a particular employee is subject to the commission’s jurisdiction.42
In addition to potential liability arising out of the actions, decision and procedures of the
Commission, the City could face other liability arising from or related to the mere existence of
the Commission, including, for example:
Liability related to the City’s decision not to require commissioners to have some subject
matter expertise as a prerequisite to serving on the commission. Some cities mitigate this
additional risk by requiring commissioners to have a background in human resources,
law enforcement, or some other related field. Golden Valley has never imposed such a
requirement.
35 State ex rel. Kos, 32 N.W.2d 281 (affirming district court’s invalidation of the Rochester civil service
commission’s certification of a candidate for promotion because the oral examination process used did not
employ an objective standard or measure).
36 Id.
37 Coudron v. Johnson, 288 N.W.2d 689 (Minn. 1979).
38 Peterson v. Richfield Civil Serv. Comm'n, 864 N.W.2d 340 (Minn. 2015) (holding that the commission violated
Minn. Stat. § 419.06 by failing to consider records kept in regular course of civil service administration).
39 In re Appeal of Hasty, 302 N.W.2d 15 (Minn. 1981).
40 State ex rel. Jenkins v. Ernest, 268 N.W. 208 (Minn. 1936).
41 State ex rel. McGinnis, 91 N.W.2d. 154; Kunze v. Korolchuck, 349 N.W.2d. 337 (Minn. Ct. App. 1984).
42 Sellin v. City of Duluth, 80 N.W. 2d 67 (Minn. 1956).
Memorandum
Page 8
The potential for conflict between civil service commission rules and procedures with
police union contracts and other employment contracts, policies and practices of the
City.43
Liability for the statements and actions of commissioners as representatives of the
City.44
As these examples illustrate, the existence of a civil service commission adds a layer of
compliance complications to the police department’s employment decisions that do not exist
for the City’s other departments.
One recent example of liability arising from the police civil service commission involves the
City of Richfield. In 2013, Richfield was involved in a lawsuit brought by five officers who
alleged that the promotional hiring process discriminated against them based on age. The basis
for their claims was that the Act requires promotions to be made based in part on an applicant’s
“records of efficiency, character, conduct and seniority.” In the promotional process at issue,
the Richfield civil service commission directed applicants not to submit written resumes or
supporting documents. Instead, the applicants’ histories were discussed in the oral interview.
The officers argued that the Commission failed to consider the required records because the
term “records” refers to written documents.
The Minnesota Court of Appeals disagreed, holding that verbal discussions were sufficient to
meet the records requirements. In 2015, Minnesota Supreme Court heard the case and
overturned the Court of Appeals and held that the Commission had violated the statute by
failing to consider records “kept in the course of the administration of civil service.”45 The case
lasted over two years, taking up significant staff time resources. In June, 2017, after extensive
research on the subject, the Richfield City Council voted unanimously to disband its Civil
Service Commission.46 The City of Richfield commissioned a promotional process
improvement study to analyze the impact of the Civil Service Commission on the promotional
process. The report concluded, among other things, that if the City did not abolish the Civil
Service Commission, it could not participate in diversity-focused Officer hiring programs. The
report is attached as Exhibit C.
Golden Valley has also been sued over its Civil Service Commission’s actions. In State ex rel.
McGinnis v. Police Civil Service Commission,47 the Minnesota Supreme Court considered
whether the Golden Valley civil service commission had properly affirmed the Village’s
decision to discharge the Police Chief. The trial court overturned the Commission’s decision
and the Village appealed to the Supreme Court. The court did not fully resolve the case on
43 Minn. Stat. § 419.02 subd. 1.
44 See Exhibit C at 11.
45 Peterson v. Richfield Civ. Serv. Comm’n., 864 N.W.2d 340, 342 (Minn. 2015).
46 Miguel Otárola, Richfield Dissolves Police Civil Service Commission, WEST METRO BRIEFS, July 1, 2017.
47 91 N.W.2d 154 (Minn. 1958).
Memorandum
Page 9
appeal and although the outcome of the case was mostly in the Village’s favor, the appeal
process persisted for over four years.48 Participation in such a lawsuit requires an investment
of staff and commissioner time, uses the City’s legal resources, poses a risk of a financial
judgment, and places ultimate control over City hiring and employment decisions with the
court.49
Many cities rely on staff involvement in Commission activities to mitigate these liability risks.
As previously discussed, such delegation is permitted under the Act, as long as the Commission
retains discretion to make final certification decisions and formulate the selection process.
III. Conclusion
The purpose of the civil service commission is to promote fairness and transparency in police
department hiring practices. At the core of the Commission’s duty is its responsibility for the
creation of rules and processes that promote police department efficiency.50 The delegation of
certain Commission responsibilities to the City Manager and staff furthers these goals by
ensuring City resources are allocated efficiently, commission rules and procedures are
followed and liability risks are mitigated. As long as the Commission retains overall
discretion to make final certification decisions and retains discretion to formulate the
selection process, delegation of Commission activities is permissible under the Act.
48 Id.
49 See, e.g., Kunze, 349 N.W.2d 337 (ordering the police department to pay wages and PERA contributions for
the time period between when the police department member was wrongfully terminated and when he was
reinstated); State ex rel. Jenkins v. Ernest, 268 N.W. 208, 209 (Minn. 1936) (holding that if a former police
department member was dismissed “in violation of the civil service laws he will be restored to his former
position”).
50 Minn. Stat. § 419.06.
Exhibit A
Minnesota Supreme Court rules against Richfield Police promotion process I Local News ... Page 1 of 3
https://www.hometownsource.com/sun_current/news/local/minnesota-supreme-court-rules-against-
richfield-police-promotion-process/article_Oacf0694-7368-50b7-bf93-d84b38f90ec7 .html
Minnesota Supreme Court rules against Richfield Police
promotion process
By Andrew Wig Jul 1, 2015
The Richfield Police Department's promotional process is under scrutiny following a
Minnesota Supreme Court decision .
The court ruled June 10 that a 2013 promotion process involving Officer Greg Peterson did
not adequately consider his pertinent records . Peterson initially filed his case with the
Minnesota Court of Appeals, claiming the Richfield Civil Service Commission failed to
review "records of efficiency, character, conduct and seniority" when he was passed over
for a detective promotion in 2013, according to a Minnesota Supreme Court opinion
penned by Justice Alan Page.
At issue was whether information disseminated during an oral interview constituted an
adequate review of the "records." The posting for the open position in 2013 included the
instructions, "Do not submit a resume or supporting documents," the Supreme Court
opinion notes.
The Richfield Civil Service Commission, which oversees the promotion and hiring process
in the police department, is mandated by law to review those records, said Erik Hansen,
Peterson's attorney.
"The commission skipped that piece of it and just did a competitive examination," he
asserted in a phone interview.
In light of pending litigation, city officials are remaining mum on specifics regarding the
Supreme Court's decision.
"The city will not comment on pending litigation," Chief Jay Henthorne wrote in an email.
https://www.hometownsource.com/sun _ current/news/local/minnesota-supreme-court-rules... 3/16 /2018
Minnesota Supreme Court rules against Richfi eld Police promotion process J Local News... Page 2 of 3
The court's decision means other promotions may be invalid as well, Hansen said,
venturing, "I have to think that the people that are existing detectives don't properly have
the job ."
Following Peterson's petition regarding the 2013 promotion process, the Court of Appeals
ruled, "nothing in the broad concept of records mandates a writing," according to Page's
summary . But Page cites a previous Minnesota Supreme Court opinion -"State ex rel. Kos
v. Adamson" -involving the Rochester Police Department.
The court stated at that time, 'The records in question are required to be kept in the
regular course of the administration of civil service. Information obtained or gathered for
the occasion will not suffice. That sort of thing opens the door to personal favoritism and
influence, which the law was designed to prevent."
That statement guided the Supreme Court's decision on Peterson and Richfield, Page
wrote. The Richfield Civil Service Commission violated the state statute "when it failed to
consider records 'kept in the regular course of the administration of civil service.' ... We
therefore reverse the court of appeals and remand to the Richfield Police and Fire Civil
Service Commission.''
The commission addressed the candidate roster in question during its regular June 23
meeting .
"The Court remanded the Peterson matter to the Commission directing that the
Commission conduct a review of the candidates' personnel files pertaining to efficiency,
character, conduct, and seniority," it says in a written statement from the Richfield City
Manager's Office.
The original four-person interview panel that evaluated Peterson and other candidates in
2013 conducted the review, according to the statement.
"Based on the results of the review of the candidates' records, the Commission ratified the
promot ional list in the same order as the 2013 list," the statement reads.
https ://www.hometownsource.com/sun _ current/news/local/minne sota-supreme-court -rules ... 3/16 /2018
Minnesota Supreme Court rules against Richfield Police promotion process I Local News... Page 3 of 3
Peterson, who placed fourth out of five candidates on that list, is no stranger to legal
action against the city. He was awarded $12,000 in a lawsuit in 2013 after he claimed age
discrimination in his removal from the department's Special Investigations Unit.
Then, last year, he filed another suit claiming he was the victim of discrimination following
that judgment. A judge dismissed Peterson from the lawsuit, along with three other
officers who also claimed age discrimination.
The same lawsuit went to trial with a fifth claimant, Officer Jeff Hatzenbeller still attached.
After going to trial, the city of Richfield won that suit in March .
Contact Andrew Wig at andrew.wig@ecm-inc.com or follow him on Twitter
@RISunCurrent.
https://www.hometownsource.com/sun _ current/news/local/minnesota-supreme-court-rules ... 3/16/2018
Exhibit B
Exhibit C
CITY OP RICHFIELD
POUCH DEPARTMENT
Promotional Proce.a Improvement and
Di.verse Recruitment Study & R.ecommendations
1-Scape &. Objecdvc ol RPD Pmmodooid Procaa Improvement&. Diverse
R.eatdtment Study and Summaty of Key lt~tions
A. ~ and Ob~ In Mardt 2017, ~· Gty of Richf,efd c:ommissi<med a promotional
ptOCffl improvement study to tn'iew·and ·analyze the ·Clty of Richfield Police
Oeputment's ,,u>Dj cuuent promotion..! ptoc.ess. The study-was con4ucted by
undersigned Attomey&Qmsukattt ~ Soldo of ~o Con5u~ P.C The
purpose of the fflJdywu w tbotougblymmine the RPDis pmmotioml ~ and
identify strategic ~ improvement cbinp t0 molve known ~. potentialpnxess
·weaknesses mat• have been· succeufutlychdmged and idmtifyways for me RPO to
enpge in·divene m:rwtrrlfflt effo«1$:.· · .
B~ SJ1Dlffl111oi Kq&GOmmenda1iom: 'IM fotJowing Promotional procw improvffltfflt
and divmity ~c recommendations an: ~ further in Section rv of this
report:
11Page
t. Loommcndatioa I l: It is recommended dw the City Council abolish the Richfield
Pob Ovit Service OJmmissioo either by refaendum or unanimom vote of the City
~cil pum.mlt tp Minn. Sw. S 419J.6, Abolition of O>Rln'liss.ion~
a. The. function served by Civil Service OJmmissiom generally_ and the Richfield
Qvil Senrice Cmnmission $pCCifta.ily, has diminished and is largely carried out by
Clty subje<;t mauerexpens.
b.. The Conuni1mon limits the R.PD't efforts to Mamt of A diverse wodt~ ··u
the Commis,ion is 1lQl abotisW the Gtycannot participate in divmity-focused
Offar hiring progniaw The CltyQm'endy bas in place, :m RPO Police
MulticultuJtl Adrisoty Commh:tee ('PMACj tMt: fosters community
involvemmL PMAC ~n represent diverse cmtumi ethnic, proftssiom~
educational, ero. backgtounds~ The·PMAC adwa the ·RPD on. how to better
serve,. commurucate with; and. undmtand me commt.miry. The PMA.Cmeets
momhly'With Police pel1Cll1Del to discuss .topics that are· important to their
communities. .
c. Successful implementation of smuegk procm improvemenc recommendations
idmti6ed during d:m sndywiD require the overhaul of Cmmnission Ru1et and
Replatiom and by changes ~ respeet to appointmentand training of cumm
and. future Commission members.
Sel Report: Section IV -Discussion of Key Process Improvement Recommendauom.
IL ~ City of RichSeld Police Department's Ptomodoa.al Proccn
A. For more than 70 }hl'S, the RPO's ptomotional ~s ha$ .. btta govemed by a Poke
Civil~ ~siofl {"Commmion").~. Cotmnimon Rules and kplations
p~ted bythe Richfield Gty~it A.201~ League of.1'1inne&Ota~·srudy
identified only 22 of 880 Minnesoa attCS that Olntfflue·to utilize a.aw. Service
~ion form of governance for Police, F~ EMS and/ orall<ltyc~~ ()f
that numberll the Gty of Richfield is one of only 17 atia utilizing a Polite· Ovil Serv~
c.ommiam .Sec Exhibit 2: Riddield Police.&: FiR Qd Service Commission .Rules
and~ Public Safety/Poke Division (Lvei Match 2016). ~ U9 Exlwit
6! . Synopsis of League of Minnesou atia 2015 PoD Lprding ~ Ovit Services
Cmnmissiotl.$~ ·
B.. lheCity of ltkhfiekl's Police ava .Service Omnnmion f"Comnussiort") was aeated
pun~t w '.Minnesota StatuW 0tapter.4194 • Exhibit I: Minnesota SuwteS (],apter
419-Police, <lvil Semce ~iomf. Byswuie. the C.Ommission has "ab$olute
conuol. and supervision over the employmen~ ~ disdiarge,.attd St1$peUton of
al officm mi employees of the potice dcputment" ti defined by ~ion Rules
·and. Rtguhtiom. The Comuussion "may not pttscribe any midency ~m for
the pomiom under m control unlc" approv«l by the city council» Sa Exlnl,it 1 & §
419.05 rt)uties· of c.omn.sionj.
C. Pursuant to.~ Stat § 419.02, the Ctmmmsion .. is. a three+peaon·goveming body
appointed bythe GyCouncil who are~ ohhe State, IUidmts of the Otyj
appointed for~ to ~)tar tenm· aJ1d hold their office until their succmolS a~
appointed md qualifie,t l'1eitbcr Mum .. s~ .§419 nor the Commission .Rules and
~ require that C.Ommission fflffllben ~slollet$j baveanyrelevant
human .mouices, labor relations. or other experience ~ t0 canyout c.ormmuion
duties, le~ "the reauitmen~ c:wnhwioo, klectioot hiring,~ SUSPffl$Ktllt
ckmotion and msdw:ge ofemployea covered by the· Rule$." ~ ~it 2: Riddield
Police & f!in: Gvil Service G,mmmion lulti and P.egulatkim, Public Safety/Police
Division (Revised Mm:b 2016) a Section II: Scope (pJ}
D~ Hkt0rictlly and. currendy, the Omunmion performs ~ primary duties: .1) ·nie
C-ommiuion approves the p~ hiring process moo~ by the RPrY,
hiring am.hority-the Public SafetyDi~/Poiice Ouef; and 2) The <lnnmwion
certifies th~ promotional eligibility mt following completion ohhe promotional testing
and intetritw protffl. The ~sion is; aho responsible for hearing tennitution
•ppe#IJ. a ask. the Comnlismon bl, not performed since• the 199<rs .due to union.
~onma: grievance procedures providing for the atbiuacion of termimttion matters.
Be~ approving the p~ process and certifying the anuhing pmmotion
dgibility&t, other ();nmninion dudes identified in O.,.mm1'5ioo_ Rules and .Bqulatiom
(Re~ examination, seleaion, hiring. smpension and demotion) can be and have
been delegated by the Cmmnission to othtr Oty personnel
E. ln ·anc1 prior to 2012, RPD successfully knpitmented a f~phue hiring and
promotional processes~ In 201Z for the rwons discussed further below,. the RPO
changed the four.,.pha$e .promodooal process to a ~phase proca1. The new~
'WIS ·U$edfor a Sergeant Promoriooal plUCCH in 2012, and. a Detective: promodo~
~ in 2013.. In 2014., tbtte Detective candidata fiJed a lav.,suit against the .. Oty
alleging age discrimination in the pmmooonal hiring process. ~t litigation led w
p~ .~ in RPD's piomodotw hiring p~ for Sergeant and Lieutenant
petitions filled in 2014; 2015 and 2016~ Sm Report: Section m -Disctnsioo of the
R.PD1s 'Prom.otion..i ~.
l. be 1: Written background and experience m~mem scored byPDI and
comprising 20 to 25 percent of an ,pptbnts total score;
:'t be 2: Written te$t sco.td by PDI and, comprising 20 to 25 percent of an
~s totAI score;
J. Phag l: · Oral interview (comprising 2$ to 30 percent of the total seo1e) with a three--
person inwview panel that included one RPD conttnand mdf member and tw0
command staff members• from odter·pob departmettu; and
4:,. PbMc 4: -~Promoability' index (comprising 25 percent of an appliamt's totll score)~
·which nnhd.candidata using. metrics such u integrity, professionalism, and ii\Ork.
pnxluct hued on input from superviiors.
a In 2010, RPD .learned that prior Sergeant candidata sham! Sergeam promonc,ml
eligi,i&ty oral interview questions 'Mth other candidatcst C.Onsequendy, the RPD· bad to
change .. it; testing procedure~
1. At the recormnendatioo ~ PDI consubnui ~ RPO ,~ us~ the ~·~· testing
process and ~ ~. Smndard.& .hsocJaces (a rwional testmg semcc) m
de,,elop and administer new promotioml examinations~ Omer procedural changes
ltPD implemented tOOk intO consideration candidate feedbackthat RPD's four--
phase promotional pttUSS 'W'U. too time co~g and an1UOU$~
4(Paffe
2.. In 2012, the new promotional pro~ the RPD implemented for Detecuves,
Sergeants and Lieutenants had rwot versus foor* phases:
a~ Pb,s h a -written test comprising 40 pen:ent of sn appkant's total score,
evaluated by Standard ·&As,ocia-; and.
b. fbaa.2: an era! interview ~ruing 60 petce!'t of me score. The oral
mtenvwpand. U1C1udedOtyHR.staff, the AssastantOryManagerand RPD
command ,1w£. Chmmand suff nu:mhen from gutside police departments did
not participate in tht pn)Ct$$.
3. ·11,c Ory discontinued the bacigrowld and experience (fonner Plwe 1) and
''ptomotahimft-ind.a (former Plme-4) __ portiom-of d,e R.PD;s. promotional proecss
andaltocatcd the majority of the possible tow poinu. to the oral ~tion during
which candida~ had the opportunity to omllypment their~ skills,
experience and qualificatioM· for promotion.
4. The Otymed the new RPD !am procedure ro fill a Sergeartt position in 2012 and a
Deieaive position in 2013. _ Sn E:chibit.4C 2012 Sergeant Testing Pnxess md
&him 4D: 2013 ~ Testing PRX1Ss·Bau1ting in liiption ..
S. [n 2013, the Q;yv.ti involved in a District C.Omt la.uit with initialyfm officers~
11vee of tbt,se· officers ~ie pan of the suit based, on the 2013 Detective
-_-_--I_ . __ ... T&....u_·-__ a1t...-._--_ ·d-· .-:;.i._ ........ ........_.;,." ... J 1..:-,... ____ -. -. -sdisa:iminattd ~-process .,.,.,_J ~~ .. \IE yivn..,.~....., 4-J#_.,.,~ pn:;,ces
against. them on the buis of age~
a. (hmmission Rules and~ provide mat promotions ''mmt be bL~
upon coqxtitivc examination and upon reconfs C>f efficiency..chan.aer,
a.,nduct md seniority." Sn. Eduoit 2 ii Section XIU "' Promotions, para,, b
(p.15).
b~ The lkipffl Off~n ~ged,--_ ._m_-_-__ -___ relevant_-· ---. par; _that~ the City's ~tion_-of th~
baciground and expenence<and ·~promo1ability1 index phases of the p~I
_pmcas· µnfaidyprceluded c<>midemoon of their experience and bisu,ryof
positive 'Mlrk experience. Le~-the Promotional process did not talc£ their
seniority in.to account thereby resulting in disparate impa.o based on ap.
e-The Qiyugoed, among other~ that all promotional candidaw-had an
opportunity during t1ieir onl interview to vetballypresent their record of
c•dfiaencyi dwactet, conduct ttnd seniority,» including Jmrocy of positive 'WQrk
experience.
d~ ~ litiption lead to some Ory liability and ~0011 guidance Ulat the
candidate's vetbal. presentation during their oral interview of their ••recom of
dF1eieneyJ charaaer~ conduct and senioritr • m suffiGient. The andia.uts
~ted.-reeotd must be considered.
6~ In 2014:, dlC Gtychanged the~ promotional p~ to inc~ the in~mcw
~
11 eview and consideration of candidate pmonnel file records~ ~ Exhibit
4D: 2013 ~ave Testing Process hsulting in Litigation;. SK Exhi>it 4E: 2014
Lieutenant Testing Process; ~ Exhibit 4F: 2015 Seigeant Testing Process illd .
. Exboit 4G: ·2016 Sergeant Testing Process. S=·a.a Exbbit S: Litiption hcorcb-.
1 ~ In March 2017, the Qty commissioned the study discussed herein m fully and
thoroughly examine RPD;s prom.otimw process ttd identify stntegie process
improvement changes to molve lmo'Wft and porem:ial p~ wealtt1es&es that have
been soo:eufuDy challenged and idemify waJS for the RPD tO engage in divene
recruitment d'fom ..
8. The RPD,s curmtt Contminion..appmv«l p~ process, which is govtmtd
byC:hmmission Ruks and Regu)at.100$, inc~ the following eight (8) bysteps:
a. Ssqu: ·1ne C.Otnml$$ion ~roves the promotional process recommended by me hiring authority.
l1ie Commmion performs mis wk.
~ ~ TbeRPDadvenisesfor~levelOfficer~ TheRPOposts
intemallyand receives memoranda of interest for vacancies for the ranb of
~. Detective, l.icutenmt and Depm:yChief.
The •k is not perfonncd by the Cbmmission; it bas been delcptcd and by the
Ommlission to other Citystaf[ ,
e., Stqtl: 1he RPO idemifa eligible ca~, ie~ applicants/ candidates who
meec··efflbmhed minimum qualific:atiom~
The mk is not pedorrned by the Commission; it hu b«n delegated byme
Comtnission to omer Citysuf[
d. ~· The RPD offtts and·~ intemally, a volunmryptmmtioml
examination orientation;
. .
The wk is not performed bythe Cmnmi.uion; it bu been deicpted bythe
Commission to other Otystaff.
e.. SJqu: The RPO ronducrs a multi-phase promotional examination and cttateS a
promotional list (referred t0 in O>mmission tu1es. as deligible Rpterj.
The task ii not perfonned by the Commission; it bu been delega~ byme
Oxnmission to other Otystaff. From time,.to,.time, as provided by Commission
Rules and Re.gulatiom,. a C.Ommissiooer may obs~rvc the tffling procas ..
f,. Su ft RPO staff ubulate composite tandmte written examination and oral
interview' score, after expiration of the established examinati<m appeal period.
The mk is not petforrned·by the· CnmnlUsion; it bas been delegated bydre
Commission to ·other·Otymft
g. 5tlitl: The O>miniuion certifies the promotk>nal list C'eligible register'')~
The Commission performs dtis mk.
b.,. ~· The promotional eligibility list is sent tO the ~.authority (the
~ of Public.Safety/Police Ouei) '1ilh:>· makes final hiring decision.
The hiring authority pedorms.·tlm mk
.~· Exhibit 4E: 2014 lieutcnant Testing Pl(JCt.Ss; Exiiibit 4F1 201S Sergeant Testing
.~ &WJ. Exmoit 4G: 201, Seigam Testing Process.
IV. Discustion of kt:)t Ptoc.ae lmptovem.eat ltecommendatiou
Bu«l Oil I tbotougb review· of RPO~, prior· and current promotional procma and
(X)D.1~tion of we· factoB that. Jed to promotional process challenges and City liability; the
following promotional pt'OeflS improvetnem ·clwiges are recommended:
A ~tion # J: It is recommended that the Ot.yOxmci! abolish the Richfield
.Police uvil Service Commission either by metmdumorumnimous voie of the Qty
Council punumt m Minn. Stat § 419.16, Abolition of Oamission .. ~ swme
provides in releum pan: ··A police dvil service· convnission ~ under dis chapter
.maybe abo&hed •·follows: ... (2) by•~ vote of the city coundl" Su Exmbic
1: Mmnesoa. StaiuteS Otaprer 419 -Police Ovil Service C.Omttmsiom.
L Mcmalc: The· funaion served byQvil Service CL.tmnissiom genmdly, and the
Richfield Police aw Service Commission specifia.ll)'i bu diminished md is luply
carried out byOtys~jea matter expert$;. .
a. In the ·1930'.··wben me Public Employee La.bor Relations kt f'?ELRA'J. ·wu
implemented, the Ovit Service Oxnmission fonn·of governance and
oversight -..u instituted.. The objeetive· was m·separam remmtneflt, hiring and
firing from Council and local politics+ Wm the h1ting of City managen/
administnton, human resources pmfessionu, labor attorneys and tmioni:mtion,
them is no pnctical need for a uvil Service Commission comprised of
comrnmtity member volunteers for 'Whom there are no esubliihed minimum
qualificat.iom to carry out Oxmniuion-delegated duties set forth in often
antiquated Commission rules and mgulatiom,. In pmaice,: hiring authorities,, in
CQmuhation w~ Oty Adminismtors/MamgetS, human•~· personnel
md.Oty lep1 counse~ employmategic and .sound hiring pm:tffl+ G~
p~~ U?•wuon labor conmcu ensure procedural ovenight of the disclp&.e
and temumuon process.
b. lhe Otyot Richftdd is one of seventeen (out of 880) Minnesota cities still
Utilizing a Police Gvil Service Omunission fonn of governance~ Most recently,
m2014,·the OtyofGrand Rapid$ abolished its Ovil Service Gxnmiaion
dtrough a unanimous Vote of the Grand Rapids at,Council a$ provided for by
Minn. Stat. S 419.16.. Grand Bapidsi like other cities, determined that
OmlmissioP mies and Rplatiom hindered rather than benefttted the
ptOmOtional.·. hiring proceu_and pre.·• c~ for·~. teamm···d··· iicussed further
below~.police depamnem diveaq r«nutmem effnm~ ~ ..
httvJ /W9.'\lf~gmndr.t~com/ news/ gr~iJ..voteS-to-abois~
~sion/ article_6afd6b80.SSf9..t Je4-8797~276453d-49ct9lmnt
c.. The Richf1eld Police Gvil Service Commission is, bystamte, comprised of three
commmitymemben appoim«I by•me Ory~ -whose. Ummission
appoimmellf/ membeabip u not contingent upon their human resources and
latior· reJmom aperience and apettise arguably required many out the key
·~ ~ selection,·hiring, pmmotior~ ~i(&.demt,uon.
and dire~ duta with. which the Cmnmimon • tulfcct Consequently~ in
puaice, the· Commission has delegated to Oty hiring authorities (the Dnaor of
Publie Safety/Police Olief, in cons\lbtion \VUl1 HI.and .aty•Jtgal counsel
('subject matter expem11'))1 most of the C.ornmiuion duties idemifted in cunent
r-.-.. :......... .· .9 ... nk.t.~ .. -.. and 'D.-. ..t ....... :-..,. • ·.. ·""'· .. ¥:L-n...L1::_ Safi . Direct .. ··.•· .· . . or,1Pofice. . r,_ .. · .. =·.·:.... ·.·.£ .. •. in "-'ANUJJ~IOO ~ . . . ,.l.~~g, .Ult: ·~ .. ety . . I '1..,im:1,s
consultation ,rim Clty subjea matt« expemt is iapomib)e for handling RPD
lfflUiunent, hiring and promotions:+
<L Hinomllyand cwmidy, the ··adMJ role of me licbfield Polk.e Clvil Service
c.ommiuion is narrowly limited to performing nm functions: t) approving the
RPO biting and promotiooa.1.~.es ~by~~ a~
the Omf/Pub& Safety Director; and 2) lppt'O\fing/ certifying me list of eJipole
candidates the biting authority f)mtlU$ tO ffle O:trnmi1sion anhe concJusttm of
die approved hiring/ promotion process~ While me Commission is also ·dwged
with bearing tcnnination appeals, it has n0t pedormed that funttion tinee the· .
199CY1 (more than twenty :,am ago). The Coo.unmion•s de widi repttl to
imnimoon appeals bas been lugely ieplsced by die Cityt, negoated labor
con~ grievance procedure.s with election of nmeclies ·p~idons allowing
Officea. Detectives, Sergeants and lieutenants to follow the .grievance process
through atbimtOOQ or, in the alternative, to retJUe$t a hearing before the
Commission. SB. E:xhi)it 3: Richfield Police Department C.Ollective Bargaining
Agreements (Offacen and De~OVC$ 8t Police SupcmsQrS)~
e. RichfrelclPolicc avil Service Cmmnission ·Rules and ·Regulauom· are antiquated
and require signifian~ versm piecemeal, upduing.
• Some bytenninologyis outdated, e~g.,. the prornotiona.l &tis ·referred to u
"eligible. registce and job descriptions -.re referred to u -~~tion of
position(s)"? .
• Processes mentioned regmling ·job .pooinp, iolicitation of Offieer letters· of
inceiat, submiuion of 2Pplieation1 and the C~ioo's aauat. iole hi.~
prornotional process are ineomistent with current pmctica, -which have
changed due to advancft in teehnology and Cl->rnmission delegation of dmia
to lU>O command staff.
2. Balimak: If the C:Ommission is nm abolished, me Clty cannot pmieipate in
divmitr,focustd Offwer hiring progmns.
a... Alguablytbe ~ ifflporrant·reuoo for the CltyCouncil to abo&h the .·
Commission is that Minnesota Statutes Cnapttr 419 and Gmnnmion ~s·and
Regufatiom p~ ~. RP]) from participating in dive~focused Officer
hiring programs. Thus, the Qnnmission u:. a. barrier to. the RPD~,.1ffl'Uiunent of
a divene ~orce--
• An Aprils, 2017 ~41tthomd byOty AnomcyMuyTieqtn
dis~ses the zas0f1$ Commission ma and regulations do .mx allow RPO,
like lawenloreement ~ that® n0t have a Ovit Service Cmnrnission,
t0 pmicipate in me succmful Sdlutban I.aw Ent~ Tr;ining
Acadefllf~TAj~ Ss;Exhi>it8: 04 .. 08.t7Memonmdumfnxn0ty
AttomeyMaryT~jen t0 Ory Manager Steve Devich and DRa01' of Public
Safety/Police 0-f Jay:Ei!ndiome Re: Suburban Law Enforcement
Training Program
• The pwpme of SI.ETJ\ is t<:> divenify me mib.of suburban~
depanroom and more closely align depamnents to· the·conmunitia they
serve.. Participating law mforce~ age11eies 1 join together to cooperatively
hire non.traditional candidaies a! future Police Offacers.
• Participating agencies -an. up-front conditional job offer ma Trainee,
v;bo· then must ~tfuDycoq,lete ~ouqework and pas the• licensing
erun and the imct\ricw p~. Trainee$ ~ complete the requirements
antomatblly become digl'hle for• "promotion., to dx posit:ioo of Police
Offteer~
• Oamm.· ~ip~:::i;.~.•. · · · .... a) City B~.·.b) O.tyof ~ c) OtyoUt. Louis Pane; dJ atyof ~; e){kj of ..... · .··.· • ~ 4) me Afem;ipolian Air:pom Commission.
IIPage
• Ricltf~ld Police ava Service ~ion rules and regulations do not.allow
the RPD m paniclpm in SI.ETA Commission rules md regulations are
based on requimnents in Minn. Stat. § 419.06, "1hich mandate a 0,rmnis:sion
to adopt rules that include publie advertisemeng and competitive
examinatiom for RPD pooitiom1 including promotional positiom .. A
conditional job offer may not be extended t0 a andidate untl·afmr the
examination and «ttif1tation proa.'S$~ ldinnesota Statutes S 419 does not
authorize a Commission t0 adopt mies thu ·wt>Uld provide for excepdons m
tba1 process or suspend a. ndes in .Cfflain clreumsances~ O:tmequendy*
Commission Nla prcdude· the RPD from participating in the .sLETA and
employ other diversity-focused hiring practices that do not comport -with
existing O>mmitsion ndes. and regulatiom.
• The business case for the City~• e~ii<m nd reform of RPO'$·
recroitmeni, selection and .promodonal proces~ unconstrained by
Cornmtflion ·Rules and Lguktiom. if found in A jmtmy 2015 "0tvct,ity m
·I.aw Enf~t li~tme llc:vicwn.. The te'riew· U'U jointly conducted and
published by the: US. Depamn,mt of Justice Ovi Rights ~
.Depanmem of Justice Pmgmm and dlC: Equal Oppommity and
Employment Commission. The ieview report~ iD televant put
J~[W'mkfou:eJ (d]ivmitycan be a crucial element in establishing and
expanding uust.~n law enforcement and. the community:;
Workforee divmitytnay aJso. have positive effem ·on law
enfmcemem igcncies; ·~. them Jen .insular and.~ ~eqxive
to~.,.·· .. · .... •• l In. add~ the offtccrs ~. ·.m .. hired.· . often rnp tremendous beneftts that irwre to their fatnilies and cotmnu.nita ...
tlt[l]hcre ate concrete steps law enforcement a~ ·can Qke that
will result in· greater divmityamong their·petsonneL By examining ·
• when necessary, refonning reauitment, selection, and mining
effons) Jawenforcemel'lr: agencies an attract and main highly
qualifted world~ dm better re£lea the~. they &eNe!'
«Traditional measures for hiring and mining police offteffl and
other law enfoiament pmonnel not only have adverse impact on
diversity. but also serve to undcmune.· the ability to attnlct the most
qualified and effective individuals for important public safety jobs~
By id.entifying the (iC'tOIS and skills dw: are critical to effective law
mfmt:ement, poict depanmcnu and·ocher agenciet can design
10IPage
pmccdut6. that will attt.ct · individuals that an: both highly qualif ttd
and divme .. ••
.SK Exhibit 9: Divfflnty in Lnt Enforcement: A Liteiatute Review"',.
Published Januaty 2015 by the US. Deputtncnt o{Justice and die US .. Equal
Employment Oppommity~ion~
• The Oty cumntly has in place, an RPO Police.Multieult.u.tal Advi.1ory
Committee f PMAC'j that fosten COillIIlWuty m'v(>lvetntttt The role of w
AdvisoryComminee showd resolve concerns that dissolution of ·the.
C:Ommission fomelosu any opportunity £or citi7.m/oommuniry involvement.
• The PMAC is a 10-t0 ti-memberc~memberadvisoryboatd.
PMAC members repment diveae .cultura\ ·edmic:t prof a~ educationat
cte~ bae~. The PMAC advises the RPO·~· how to hetter serve,
cornmumtate\\ffll, and undmwvJ the~+ The PMAC meea
monrhly with Police penonnel to discuss topics that &re· important to their
cominunities ..
• The primuyrole of PMAc·metmen is to highlight e~~
and "WO!k~and coD.aborativelywirh me community and RPO m
address those concems. PMAC members also co-organizes many
communiq, engagement initiatives and fittM>tk and engage with neighbors,
~tkffl, s~, c~u and adten to learn bowPMACcan improve
police commwuty J:Clatiom,,
Sa Police Multiadtur.u Advisoiy~ 11 http:/ lwww.cit)nfrichfaeld..otgl
depmmenu/pubio-afety/joim .. ~police-parm.emup/~
~a.dvs~. (lutvi1itedMay21,201i)
c. Rationak ~.· ·!ul ~Jeme~ _of smregic. · .. : proces ..
4
·. s improvement
ft(Oiluntndadons identifted dunng dm mxlywill require ·me ovethaul of
t':ommiuion Rtoo and Regtdations and ~Y.~ ·with ~spect t0 ~tmem:
and naming of ouncnt and futute Commission metnben~
• If the Police Ovil Service Commission is not abolished fort.be t'eQ·om·
discussed further above, the complete overhaul of ~ion tu1cs must be
completed .. Akhougb painstaking and time com~·tbis· usk i$ essential
to m:onciJe ambiguities in Commistion mies .and. act.Ual. hiring and
p~I practices that create potential City liability.
• lhl~ l\llice··· .. O ..... ~v.il·Seni. ···ice··· ...... Oxnmis ...... · .... · .... · ... sm w nota. bolished, it.i$ impemti,~that· the CltyO:>uncil establish and enforce minimum qualifacatiom for
Cotnmissioner app<>immenQ; and mandate and provKle· Commissioner
~ .. Historically. the ·City of Rkh6etd't Comm.aion, lib: omer Ovil
Serva Comm1Uiom, is compmed of COll1t11UDity memben ·vilo express an
interest in volunteering to serve on die· Gmtminion or are recruited ,nd
agree t0 serve~ Minnesota Statutes Otaptet 419 does not require a Oc:y
Council Ult or preclude a GtyCoundl from, establishing mmitnum
quali&atiom and experience Standards .for C.Ommis,iQn .• members; c*g.•
tKruitment, human resources and/or labor mbtiom uaming and expe~
etc.. Similarly; the sww:e does oot ~quire a Chuncil to, or preclude a O>uncil
tton'lt estabmhmg Commission behavioral RanWlfflSs
• Qlrrem: Commission rules and zegulations:· a) do no identify any min~
qualmations for C:Ommission memben~ an([· b) do not requise· taS;K-$.J*ifie am. fiduciary and professional mponsibilityuainiog for O>mnmsion
members" or esulilisb or reference any code of ·conduct or other nilti
governing C.Ommiuion member conduct Recmt Oty liab•lity is ~'
in pa~ to the claims of a single G.,mmis,ion member that the Comrnissioo
approved .promooonal piucess was ~riminamyand the te$Ulting
Chmmis$ion cettifted pmmotional eligibilq list was invalid.
• It is mcomm.ended that. the City<:ouacil implement md enfo«c a OviJ
Serv~ Commissioner Olde of~ It is also RC011UDended that die
OtyCbuncit mandate and conduct annual c.omm.ion dut.¥:specific mining,
including training reptding: a) Commmion«.~ b) ·O>mmissiooer
fiduciarymspomibility; c) O>mmissiom:r ethla and. confb of incerm; d)
data Pffi'aCY requin!mems. and e) recruitment. examination, selection. hiringi
promotion. suspension. demotion and d.isdmge,.
B. 1¥9J!DTDDlation f 2: It i, ·~ dm the Oty conm.a with a professional
consultit,g firm to manage .the RPO~ hiring pnxas from $Wt ro fJQb or
implement me. recommended changes to the cuncnt pnxas idemified during this$~
111Page
1 In the. altcmarive,if RPD continues to intemallymanage the hiring.and p~
pmccm, it is: tecon:mendtd that RPD implement die promotiona.l process
improvement changes ident.ified during this studi
IV-Eddhits
A. Exlubit 1: Minnesota Stawtel <lupter 419 -Police GYrt Service c.omrnissions
lt Exlmit 2: RichfaeldPolice &Fire Ovil Service Commission Rub and&g~. Public
Safety/Police Division (Revised March 2016)
C Exhibit l: Richfield Police Department Collective Bargaining AgreenEnts (Officm and
~ &Police Supe1VBOO)
0 .. Hxlmit 4: Riddield Po.lice Department Testing Processes Employed During the Peri<>d
2009-2,016
& Eduoit 5: 1 qition kor&
R ~· 6: .•. SJDOf'~of League of Minnesoca Gies 2015 PoU.Regatding Mmnflota CM1
Serva1 G:mJmi.u10n5
G,, Exhibit 7;. Pc,Q Jepding Neighboring Police .0tpanmem Testing Processes
H Exhibit 8:. OfJltU.7 Memorandum fmm City Attorney MuyTICqen t0 City~rSteve
Devich md ~ of Public Safety/Polict Oiief Jayffemhome Re: Submban law
Emorc~T~Progmm
J~ Exmoit 91·· "Div~ty in Law Eufotrdnmc A Li~ Review'. Puhlishcd.Jmuuy 2015
by the US. l>eputment of Justice and the US. Equal Etnployment Oppommity
CDmmission
121Page
~lie M Soldo, <:omultant
SOLDO CONSULTING~ P.C.
Telephone {6S t.) ~S..3748
Email: rnsoldo@soldocomuking.com
[REMAINDEROFTHE PAGE LEFTBLANK]
DIVERSITY IN LAW
ENFORCEMENT:
A LITERATURE REVIEW
lJ.S~ Department of Justice
Civil Ri2hts Dhrision .....,
Oft1ce of Justice Programs
ll.S* Equal Employment
Opportunity Cotrunisslon
'Re~enteveul$ have placed n spotlight oo. tbe lack of divc1'S,ity \vitbin ix•Uce deparun~nt.~
and other law enforcement agencies ac,ross the nation. After this past summer's events in
fterguson, Missouri.· many news organizations focused 011 the racial demographics of the
Ferguson Police Depm1n:1ent I Although approximately m•o .. thfrds of Fcr~•usoo~ Mis..~111ri ls
re,1dents are Africun A.merican\ <mly tbree of the town~s fi:fty..:thre~ c<1m.misskmed police officers
are Atrk'"all American. ii Ferguson is far from alone in this re{fd.rd; there arc poi ice depanments
in everyc,)rnet of the United States where there are severe mis.rnatches between tile racial
composition. of the police force and the demographics of the community at large. 111
The Department of Justice ~s Civil Rights Division (CRT) and Office of Justice Progrmus
(OJP) have joined with the Equa 1. EmploYfnent Opportunity CnmmisNi<)O (EEOC) to respe.~rfuUy
submit the attached literature review. It has been our coHecti ve cxpeliencc that any
consideration of policing effectiveness is incomplete ·w·ilhout attention. to ""ho our poliec officers
are; as weU as whether the police force retlects the community that its o.fficers are S'W'Om to
serve. fr Although workforce diversity alone ma},; not resolve all is.iues teiated to the fairness and
effoctiveaicss •1f policing~" achie\'ing diver~ity in law enforcement agendes can increa..\e trust
between those agencies and dre communiti.cs they serve.n That basic trust can be an essential
part of defusing te11sior1~ investigating and solving crime~ and creating a system·\\itiere ·citizens
believe· tha.t they can rely on their police departments and receive faiT trc,.atmcnt Indeed, Yictims
and witnes..~s of crinJJC may not approach or engage with law enforcen1t.1u officials ff d1cy d•:t not
perceive them to be· responsive to their experiences· an.d concerns. A tiivcrse 1>olice department is
also less likely to be :insular1) and therefore can be more receptive t(l change~
Moreover,, a commitn1ent to diversity iu hiring and promotion opens enicial public sector
jobs to all Americans and hc111s ensure equal cmplo)mcnt opportunity in public safety jobs.
These jobs are the backbone of a conununhy: they offer it)ttg'"'ttnn tmd rewarding careen;; bring
famm~ into d1e middle class; and create investment in the community, al I of which have a
significant pt-.shivc impact on Uuu community~s sc:h-0ols and htJusing and, indccd1' in aU<itbcr
aspects of the American dream ..
Lack of diversity in police departments directly implicates some. of <mr nation's most
funtiflmem;al civil right, la"!.vs and protections."" Title VU t1f the Civil Right.-; Acl of 1964 (Title
\in), vid which ts enforced bylmth the EEOC and CRT, pt'ohibits e111ployn1ent discnmillationon
the b\,;i, of race~ sex, ct1h;,r., religj(,n~ and national origin. Tide VU prohibit-; intentfomd
disc·riminatititr-for exaJrq1lc, \vhcrc a job aJ1plicant~ despite being qual ificd for the position~ is
m.)(. hin.-d because (1f race, sex, ,.1r anothct prot.ected charac,teristic. Unfortunately, intetniomd
employment discritnination still remains a subsrantia) ban·icr in the law entbrcement context
'For cxampl~, two years agt1 CRTs Employment Utigatic,-1n Section brought a case,, which wi~
reforrcd from the EEOC, on behalf of a woman serving as a sergeant at a small police de,pa:rtment
who had been passed over to be assigned shift commander in favor of a 1na.n with lc.ss
expc1·ien~}i Tilii, vk:ti,u was the only wc,unan who ,v1,rked al the po.Hee department; an fact~
twcnty,.,.t.hrcc years earl icr she had to bring a lawsuit just to obtain a position wii.h the department
In the most rectmt ca,~ . ., the ~ergeant filed another discrimination diargc in ordc;r tt:1 receive equal
treatment As a result of CRT's involvement in the case;,: .she obtained the promotion to shift
comman,rer she dese1,red.
T•de VU ,tso·probibits the use of neutral select.ion practices that fall more heavily on one
group.unless those pra{.1iccs have been shown to be job related and consistent with business
t)l;--CC&"lity; The Di;,.l)a11,1nem or Jus.dcc, 1.bc EEOC~ and private plainttffs have a long histt;,ry of
su<:ces.sfuUy challenging fi.1daJ ly neutral job screening devices-such as height requirements.
written tests? or ph;1skal tes.ts,, ,,that have an adverse impact on protected groups and are not job
related or consistent with business necessity. For example,,. CRT successfully sued a state
regiu'ding its written examirudiott tl1r police sergeants; a.s a result,. some of the &tuai I: c:(,mruuoities
that use the challenged examination promoted dicirjrr:rt ever African ... American sergeants this
:)~r.X Ft1H<,wiug an EEOC in\·t-stigation. CRT a1S<.• succcs.sfuUy sued the N~w Y <Jrk City fir~
Dep:utmentrega:rding its \\:Tttretl examination fol' entry,.level hires.'' The 1V,~w York Time_.,
<.!hrnnicled tbe success of one of the Aliican-Americ:an firefighters hired as it resuit <:tf thiit
lawsuit; at tbe firsUire be fougJ1t 1 he located and helped rescue a five.smonth .. t:ttd chikl.xiji For
more on Cbc EEOC'ts work in this art;a11 please see Chair Jenny Yang~s writt~n testimony
submitted Ott. January 2 f ·~ 20 JS, and attached here a~ Appet1dix · B~
The.·fede:ral government cannot investigate or litigate every meritorious case of
empJoymentd1$erlmination that may cxistJ especially given that there an: nearly 18,000 state and
local law enforcement agencies in the United States.. 111e i>residenes ·ra..'\k: Force on 21st
Century Policing, howevcrt is uniquely situated to highlight the importance of workforc<:
diversity f<>r pu1 ice departrnents and other law eufon;:en1ent agencies .. · We beheve that a crucial
component of that message should be identifying barriers iha.t undcnnine divcrs,ity and equal
e1npk,yn1¢nt opportunity, while also highlighting best practices that department.~ CAl1 use tt1
recrui~ hire~ a.ad retain qualified and diverse personnel.
We hope that the attached revie,,,,._which assembles research and acadcntie scbolarsbJ 1>
that have addressed the issue of" diversity in la.w enforccment~n aid in that process., Although
·this review is not exhausth;t\ it is designed to provide a cross-section ofrelevant i"ntorrnatfon that
we hope wiU be helpful and inform;ltive to the Ta~k f()tee, \Ve pres;ent the literature revievt in
four categories:
• 'Why DiYenib· Mattets« Divers.in· can be a crucial elenu.,mt in establishing and .. . -.. -. ~~
expanding trust between fow enforcert)~U and tile cornrnunity.. Workfhrce diversity ni~:y
also have positive effocts on law enforcement agencies; making them less insular and
2
mot"C teet.i)tivc to chatlgc. In additfon~ the vfl1ccr8 who ar\: hit-ed often reap tremetidou.i
benefits t.hat inure to ihdr families and communities.
• Barden to Achie,ing Dh·enity., A wide range of barriers may undermine diversity at
every stage oftt1e. recruiting, biring, ru1d selection Jlroces~. liiere is substantial eviden~
tbattbet;c barriers hav·c made it difficult for underrepresented groups (Le., racial/ctbnic
n1inorities, wom.eo, and LGBTr individuals) to secu.rc posrtions in law enforc.cnu:nt
• B~st Practices for Achie1,iug bh·enit)·. There are concrete steps !aw enthrcement
ag_cncie,,s. can lake that will result in greater diversity among their personnel. By
examining and~ when necessary, refurming recruitrnein. selection~ and training etfort.~"'
ltlwcnforccmcnt agencies can attract and retain highly qualified workforces that.better
reflect the communities they serve.
• Cltara;rtenstlct <•f Higb Quail~· taw Enf(>rtmttnc Per*«Htnel~ Tt'aditfonal measures
for hiring and training police officers and other law enforcement pcrsooncl not only have
adverse impact <m diversityr but a1sc) serve to undermine the abiUty to attract the most
qualified and effective individuals for important public safety jobs. By identifying the
faetors and skills that are critical to effective law enforcement, police departments and
other agencies can design procedures that will attract individW1.ls that aro both highly
qualified and diverse,.
We have .. ,lso attached~ as Appendix A to the review, a list of experts oo the issue of
w·orkforce diversity in law enforcement with vthom the EEOC and the Depanment of Justice
have worked,, This.list is ntlt1-exhaustive; we hope th~t lt can serve as a rt.stn1rcc 1tnd starting
poiut if the Task For,:e de~it'es additional perspectives (1.r hlibt1nado11 about tbe matters covered
in this document and the attached literature n:vie,v,
i See; e.g,, Bathy$1 Ungar-Sa:r:gqn~ Ll!,;1s.1ms/ar Fel)JUNtm In Cret1ti11g iJ DltvYrse Piiliie Oepartmifl.tt.,
FIVE.TlilR"r'lEl<.rtrr POUTJCS.. Jao. 5~ 2015~· bttp:llfivethirtycight.comfrat1.U-r:s'l~lns-fllf-frrguson-iu.;L'f'e.utittg-a-
divcrs1:-police·dep.artnk!trti. ·
H Ernily B;•d~ f WhtIJ? Po!fr:r: l4:f}£trbnc.ni.v. fhm ·, lnok !ik~ tiu: Citw!; TJ;n~p h .lk,mt It, Prnlt:cf1 W ASJl.
Posr~ Au~ l 2, 2014,.
m S<·~ J'er~y As~kienas and Ha~youu P~,k~ 77:)r: Race (iop fn ,1mcrica 'r; Pt.1#ct· lJ<par1m(mts, NY TIMES,
Sqtt 4~ 2t}l4~ ,S'<','¢ ats·(, Etrtify.Jiadgt\', f>att Ke;Uint.*ttd Kct(ltltdy Elliott, TPJr,t1-e Mi1it<1r:f~y CdtifmtmWtti StHJ Hn,vr
Ol'.t'Tlt'Jr{,Jmrngf.v lf"ltit(• P,oUt'.C.\ WASH, POS"f, Auj, t4~ 2014,
h ls..~s. ut' diversity wi.,"e tl.tt$Cd rcpc~tt"411:y ,n tht.! tcsttmony that this Tusk Futct! rec>:11\'cd a.s .van uf 1t~
li~nmg session on Building Trust and Legitimacy's See~ e,g., Written Tc!<ittrmmy .;tf Chief' Jim Buccn'natm (re.t t,
Ptesidtmt, Pi,ticc Foundation ("Ewtj' p.1lkc lc~er knows of' the importiincc of ctc!lting a diverx \VOTkforcc. Police
ng~nci:ses that do oof huve u 'Workfon •. -:c that rcflcct'S the communtfy it M:n•,:s \\ti! t cvmtmd 17 ih1vc to d1:1el¥ with n
3
lleig)11tenied level O~!)t.1Hce~n«tmuuity tell$.inn hh:tUj;;ht onby rhc lad.: of police diversicy;:''); Writt,rn Te$6mc:my
Nati4:inal Otf;trtizati(>£1 t1fBJack Law Enforcement Exccutivci f'l11c challenge t,t;1 hi:rinf a 4h'<!fse wod.~llcc tu law
enfor~tment ~' t'¢1]!ctttd O)' uie fa,~, of the i)faJ},1Cti7.atfon'$ leadCI!'Jlip, Tbe key Hi ~ivcrsity fh law c:nimi::etnent .ii
visibility ,,filive.'.J't{lty, <),pporniniry to t."llga!C pcof1le ~n thi::ir tcn.11.s,, and 01:ipq;rtuuitie.utt at!vam::e:.. '"): Written
Testimiu1y ofNAti(tfflJlJ Aas.ociahnn ofWom!n.La,i\· Enfor~mcnt Executives f'lt has bci.'il kni1w11 by U;& and n1a11y
ntlu:n,, ~t in order t<> bcstp.,Ucc a C(!ftilm ar~ tit:: divc:rajcy of a pobce h'»t::-c should be rqire--~ntativc of the•
communit:)1 they serve:. "'l
" The cXi$tin~ litcrl(Ut{$ is t:llitffo:.-tt:d abo!Jot th¢ imp;iit,.1 (l<:tttogr~pftk divt::t~ity li;1s (nl dk: rm,mu.'T l;aw
<:rtforcement ~iJ?ndes. pe1'f'tu·1n their dwieg. For cxamr)fc., t'Jhl? article swvcyed dk? 1cscar,eh whh respect tf, Aftieiitt"
Amc1ican po Uc~ om~ers and fOOlld v.·idc,occ. ro $Upport either side. David A-Stlan.sk)\ blot raur F a1her ·s Pdtu.~
Dep4rtme1tt Making Setue <!lihc Arew Demogn1pkics ttf'Lrn, EtifiJJ't.'e1,u1m~ 96flt J. ClUM,.L & CttruJNOLO(JY 1209~
1124-25 fW06).. On tht une batld, die arlidc pointed ro studicii sh<l\\ring tl:utt Afriea.n-Amcriea:n ofliccrs were k~
111tjuiliccd mw11nl, ~r Afrkatt Amerfoam. trum wbite officers, btt."\\' m4)t'Caoout me Ati'ica1\-Amer1can
c~nity,, :n:1d 8'it .more ccop.ntioo from African-Amerkan c1tiuns Jd,. At the itame tin1c,, Ute article also
liighlighted studies eo11<1luding that A frkan-AmeriC:an ameers v.rerc just as 1 ikely as: thew white e.owtcerpMts to m;c
thclt' firearms, arrest cwntaru., receive dd7at cilmplaintsr and b¢ subjected to dis.cipl inary ptme~ings. ld. at 1224.
Part nf OW! cltliilense may stem fmm Che fact that fr iti. very difficult m determine, w1tb 1my degree of cata.inty, the
1olc that demographkS:·· foe both ofucas and dvilians bave on how law eaforc:ement activities are conducted aud
JfflfL~ved. See id. at 121, fi.]n both sideii of this debate,, n1any eifthe findings are hard tu iUtL'i"flrt.'i. Ji;. for cxampre..
btack offrea.1 draw mure oomplamts. is that bec,ause they set mo.re agsreaivdy~ or because they at"e· a~iiigi11ed tc,
u,~,her Ilea~ or because prejudice nt.akes their assertions of authority seem. mQre Qbja:tiot1abk\ or became mmorit}r
citizens t«f m.,re comforutbk comphin.ing about officcra.fr001 whom they· do oot fear rmHsionT').
w ft hag ~t (itlt ¢:'(pitritrtc¢ th.-t me:.:: is !t gtfiWittJ; ttm:W\1.11~ fh.:1t dh.1Sti,ty t.;;;ln be:•» itnp<tlfCaut ele:tit,1Jl JtJ
,tmbltd;ing trust and foiproving tclatious hetwc1.-u law enfot\;t'fflt.-nt and t:\)nttnunitti;S, .~ gt•m.-1-c1l{r Un"'tr"Sa,;00.1
supfu; non: i (qu(itiag ;)fl iott.'tvi<:w widi Sta.,fonl l . .aw Ptvft,"S,.~'lt' 04vid Sklttn.sky i\1.R) t.xpl~intd; ~1\\71:tm the poli,;e
'-wee im~ra1es and begiM to l,)ok mo1·e like the ct;:mmmnity Ws potking, it rem(wcs one big inipcdimeut tow.srd
trust. 11 ducsu~t wmr.tt,ttt UUll~ hut jt l\'!XQtlVC'S OflC thin; that maJce5 it haul tu de'\·eJ,,i, trust."~,. And in the wake of
mis mmtnN's: events. in Fc:rsuwn •. A.ttm,q· Cicncr11J Eric Holder acknWNledJed the need to ".::omiiJcr the ruk that
ia1erc-a.;;cd diversity am fffliY in hdping tu hui.ld trust \\"ttrun communities.""· Pr~ Rdcase, lLS. Dep't of1ustiec,,
Smtentet1t by Attt>mey Geyter.d Eric Hold~..-iin Latest Oevclt)pn1etlU 1n Fcr~n. Missouri (Ang. 14, 2014),
bt11;i:/lwuvrjusticc.govlopa'prista:ttment-att-0me}·-geueral-t-ric-bolder-latest~dop11lCtllS'-fergu5(1n-miistHJii ... Y~
despite tbe widespread be1icf that diversity in law mforecmem can foster communityttust,, dl~re las ~ .scant
re.search amt, at times~ mix~d empirical finding:..; rq,arding the relationship oo,,~eu police divct~ty and communJry
trust: See, e.'.g., Joshua C. Coichnu) and Patricia Y. Wsren~ Rttt:Jal, Etlutii:, and Clr:·Nlf!.r Dif/ertttU'.f!S it1 Pert:t!fNit»>l;f ,:,tf
lite Polit'tL The Salience rJf (~tfit,er R.act! 31tl;iu 1Jie Ctlitte;xt ef RacuiJ ProJHl!:tg, 28(2} J_ Cn~'TEMI*. CRJM. J. 206
t;20l2){d.cmt1nma:tin1~ based on a rc1!ent cmpi11cal study~. tbat o.ffice-r race may play a nIDtc &ubstanti.u n'ilc in die
devclopment uf dtiz£tU" p.erecpitiom m.m JWC'\fous: find.ing& would SUBS~-:t. prnvi<lit1Jl !i(mlie i:videntiary &upport for
diversification as a vfable option for improving dtizen-ottica relmiot1~ and cal ling fix tl.lf1hef evaluation of
diver,mc11ti,M1 polkiesJ,
\N T(J be· (le~t~ divtt$ity fo law euf(tiC:Ctn~nl indu4e~ nlrttt dtklf't just nu;i:,i ~rtd etbt1,i,:,,diVffSttj1; it aL9'•
should inv,;;lvc i;<msidcn1ticifti of ~:c. 1\akit~! ongint «:lision, s1;;1c:1.1al o'fi,erd;;atitm~ and ,~a i<k'itt1ty Tbis
litcttttutc t¥View f(>C\M.e~ va it"U¢& of race: and ethnicity 1,attd ltJ a le$$i;r cx~ut\ ~xl in bgµt of if1e t¢i;;¢11t attention
mat. l1a$ bt;¢n direc~d tctward$ tbc* careg(trit:i-Hn\·w:ver • .au a:j,~1.$ ~f div¢:rsity ~hol,dd be: t;.\utj:iderred wt~
jurisdictions a1e c:oa~dcrif11 whether t.beir l,a\\' enforcttnent ageudeiare representative and reflective of tbtl'
-t;:QifltnlUtlitt1;6. they .$¢t'VC,
yx, 42 tf,S,C, · § 1000c f:I .,eq,
h Sec Prrs,.,<ti Rrlcrusc. US. Dep't of Ji1stfoc. Justice tlcpartmtmt. Settles Sex Distrrimfoatlon Lawsuit Againrst
the fown of Orifnth., Cndiuna Oune f: I~ 2013),. http://\\'\i.'\vJu:st1cc.go\·lop3 pnJUsticc*dq,artmatt•sc:Cdcs•:K:X--
discri:mrnation"i,1\\'SU1t -agirinst"11,wn*gritlith -i ndiamt,
4
x Si.~ Jlttti,-& Rel,'aSt. U$. Dq)'t of Justi«. J,uti;Cc Depamuent Settks Alk:g,atinns of Emptuyn1en1
!l!icdminati-On u1 Plom<i4i4'n <}f P{1H~¢ S~rg1.-at1t$ in New Jei6CY (Au:g~ J ~ 1011 J.
http; lw-tvw,Justh::c.g(1vtopu!pljus:t1cc~cpartmeut.:seuJt&-a11e~ation,-emplt1yin".tnl--discriJninatioo~pron:1<tti<,;,n-potic<1-
~rg:eants...
<t; Stt,1 Pr~ Ri:le~se, ltS, Dcp 'r of Justice, Ju.stke IJe:pattr:oi;.,"trt Rcadw:s AintetnN,.-ttt in Ptin~iplc with th¢
New, Y<•tt Cit,i fit~ Dt't'Aittmt'ilt t)\•.;1 Di~-ri1n1t1~tf)(}1 Hid,,g P,1 .. ¢1:ii;<,1 R~b:ing fat 598 MrllhnJ in Ri:?i~f fMar IR,
2014),, hap:li\lit\'V\\',ju.~tice,g,1\li(lpi;:llpr.i)lL~ti,c·ck~rttit¢nt .. tt:;::u:•ht:S,,.ajtee.ttt(.'tlt"prht<:iplc;ui¢w"y<»k..;c:itY~fiht.-
d,:p1mm-"1tl"ov.:r..
'h N,R Kltdnt:h:M. The Rm·~ Grip i,r .imerirtf 's P,,liet~ 11.~pnrtm,ml'i. 8r1vtism ~J· f"in1: A Ntn' t:·n-t.
Ptre,fightitt·C(111/h1ntl,, Hi.i flr:;1 TMst" N.Y. TU.fl:$, Jttt\e ~(t1 2014.
5
Table of Contents
:11.. B-arrlers to-b:iversity ................................... " ... ,p .................................. ,.. .......... ~ ........... ll'age 3
JU. Best Practices for Achie,·ing Divemty ... ~ .... u ........................... u •• uu••·*···"*""Pagt 6
IV. Cbaracteristk1 ofHix11 Qualit11 Lav.i Enforcement Persontttih .• HHmu .. n;,Hh'>H•ttPagc 9
I . Friden~ Lorie1. Ro~rt Lunney, Drew Diamondt and Bruce Kubu. 2008. Rr:u:ial~r Biased
P<>lit:irlg: .4 PrindJ,ltJ Re.\1mns1:. Wash1ng,1on DC: Pi)Hc-0 Executive Re$earoh r,,runL
Abstract: A police agency whose -0tncers reflect the raciaJ demographics of die conu111.mhy they
serve fidt1Us several importru1t purposes in reducing racial bia5 in policing. First .. it conveys a
sense ofcqnity to the public, especially to minority communities. Se.cond, it increases the
pmbabiHt:y that~ as a whole. the a.gency will be able to understand the pers1,ectives of its racfaJ
minoritie:; and c,,minurdcate eftec:tivet.y with them. Third" it increa."e,t; the UkeUbood that otllcers
wi] I come to bcUer tmdcrstand and respect various raciaf and cultura.1 perspectives through their
daily intet·acdons with one another.
2 .• Sklansky, 'David·A. 2006. t•Not Your Father's Police Ikpartmcne Ma.king Sense of the
New·Oernographicsof Law Ent()rcement''. The J,Jurnal af CrimJ1raJ l.a·w ii Cdmitt.hih1,.1r
96 (l); 1209 .. 1243.
A bstracc This 1rt,cle. bas three par!S, The fi11,t part dest.Tibe6 how the makeup of police
,vorkft>rces has changed over the past sevend decades. To sttmmarize-. the workforce ba, grov.11
much more divcr1e with regard torace1 gender~ and more recently~ sexual orfo111atio11,,,,,but the
pace of change has \•aried. greatly from department to department., and Virtually all departments
have considerable progrcs.~ to make with respect to diversity. The second part of the article
asst.~ses th~ eff eeis of tbe changes that have already occurred in law enforcement dem,}graphiGs.
The author considers three ditlbrent categories of cfl«i~: competency effects (ways in which
minority oilicas, for:naie officers; and openly gay and lesbian officers. may have distinctive secs
of abilities), tonnnunity efteets (ways 10 which the demt1graphic diversity of a poiice departtn.ent
may affect its relations with the community rt scnrcs ), and organizational effects (ways· in ,,tbich
the workforce diversity may affect the mternal dy11amics of t1ie department itseU). 111e third part
oftbe article c.:>ncludes by exploring the ramificati,ms ofthe changing demographic:; oflaw
enforcemetlt~
.3. \Vassaman~ R.obetL 20 l 0, Guidtmcefor Building Canimamities ~l Trust. Washington
D(.":: Office of Co:mmmlity Oriented Policing Service..,.
Abstract; The Guidance de.4cribes the challenges that mugt be addressed by fusion centt.-rs, local
law eaiforeetnent ageneics~ and commu.nities irt developfog rei~ti0t1shtps c.:1f b'll5t TI1e;(;c
challenges can oniy be mct if privacy, civi1 rights ... and ch·il liberties arc prot~,cd~ for fusion
centers" this requires strong privacy polides. and audits ot' center activitie~ to ensure that tile
pol ides aud refored standards ~e being fully met P(u law enforcement ag~ndC:$ .. it mearis d1at
meaningful dialogUe and collaboration w·itb communities n~s to oc-cur in a manner that
incre.ases the legitimacy of die agency in the eyes of that community., Law enforcement must
establi:;h 1r:gitima~y in the C{)mn.runities they~gVe if tm.;Oog retationsbip8 are to be ts~bHshed,,
For communities, their leaders and representatives must collaborate with taw enforcement and
share responsibility for addt·essJng tbe pnlblcn1s of crime and tem:,rism prevention in the:fr
neighborhoods,
I* Com&Jui Michelle J.. 201 t. R.epre.wmt1:1tim1 anti Rec1·uitme1u: A Tlu1;e .. Part A,mJ);isJs oftJui
Police Hiring PrTJr:ess Within New l"f>rk Sti1le. Rt.1chestt:t~ New Y 1)tk: Rochester lnstitmc
ot"Tecbnology~
AbstrJct: The, article consists of three .separate analyses~ each of\vhich examines the
reprcsentatfon of women, African Arncricans, and Ladno, in pt"llice organi7.:atfon within New
York Slate. TI1c initial study compa,n,~ .department representation to that of the con:ununity in
regards to rat~e or ethnicity and gen.du. This is folh:nved by the second study-r "'i1ich docs a
detailed l0tlk at the bif'ing procc!s ,:,f one department w• thin a tnid:..Si:r.ed chy. (Rt)<;beMer:-NY),
noting attrition by majorityln1inority status at each hurdle applicants face, The third study
utilizes data from the second study to create a model of attrition for the Rochester Police
Department. Prom the three smdits~ a series of recommendations for departments was
developed, including: ( I ) · idt11tif)1 department needs and allot resources apprOJlriatcly; (2) track
application $Ubmissioru; >which ca assist in idcntitying times d1at dt,>amnents should ittcreL"i.C
their recruitment effort.~;. C,3) tailor advertisements in a manner that \Vould promote diverse
representation: (4) increase eng;agement through job fairs and reaching out to local professional
tirgar.dzatiomi and c(,m1nunity groups; and (5) hold infi1fmati omd ~ssion.., prior to, and dudng.
recruitn1cni. efforts to provide interested parties with a realistic portrayal of the police officer
pc,sitimi.
2. Jordan,, WiUiatn T ... Lorie Fridell, Donald Faggiani., and Bruce Kubu .. 2009 .. ~~Attracting
Femaies and R.aciallfithnic Minorities to t..aw Enforcetnenr."" Jnurnal of Criminal Justict1
37 (4); 333-341.
Abstract Using a national survey of law cntoroema1t agencies,. this study: ( 1) measun.i.d
agcm:im.' ability to fill sworn positions; t:2) identified the strategies used to attract and hire
fo1nales and minorities; (3) me-.asured agencfos' success in 1l11ing sworn positions with females
and minorities; and (4) measured the impact of agency strategjes and charactc.,-ristics on levels. of
female and minority applitations and hires. The results· indicated great variation in agencies~
ahmty to fill s\vom pt;)iitfoti.s with females and mitU)t"ities,. at, wen as con.siderable variati011 in the
extent towhicbnJtCbanis.ins are used to attract females and minorities, to policing. The
multivariate analysesiudicate tbatinvesting in a recruitment budget and targeting minorities and
\Vomen. positively atrects hirfog.
3~ Matthies~ Carl I1•1 Kir$ten M. Kelkt~ and Nelson Lin1, 2012~ ~·tdcndfying Barriers to
Divers:ity in Law Enf<>rcement Agende,;, ~~ R.4] .. lD Cemer o-n QualiJy Polit:J.,,g. Occasional
PapeL
Abstract This paper describes one method tbat law enforcement age11eres can use t:o better
understand and address the chaUenge:s of a diverse workfhrce in law enforcement a_gendes: a
barrier attaly~is. Barrier analysis ii a 1nethoo or asscs5tnent aimed at idetnifyit1g pote11tial
obstacles to obtaining resources or participating in a progran1s Using this toot,. the articl c
encourages law enforcement agencies to evaluate how women and racialledmic minorities face
obstacles that might accmml for iess-lhan-propm1kinate represci:uadon among applicants~ birt-".Si
3
and senior leadership. In the context of cmp1oymentopportunities'} the authors focus on how
hurrier ut.uilyses can be used to understand diven;ity-n:lat,;..xJ challenges at key points in the career
lifecyde, such a.i; recruitment, hiring~ promotiont and retention practices. They also present a
coo1plete barrier ana&ysi:; that· agency leader:; cru1 incotporate 10 1dcn1ffy key bairiers and fflke
proactive steps to build :t· more diverse workforc;e., Case studies arc us,ed to provide guidance for
agencies to take proactive steps toward remedying tbc lack ofrc-prcsentadou in thei.r worldbrces.
4. McCafferty, Francis L. 20031 ~The Challenge of Selecting Tmnorrow~s Police Officers
from Generation X and Y.·~ Jimnutl ~hl1e: American Aca.detrtV ,lJ'iJ·chidtry and the Ut'W
31 fl): 78,.,8S.
Abstract: Detmmds on police ot1icers in the past thirty years have grown th'amaticaHy with the
incrc.asi11g threats t,) $ocfat order an.d pcrsorud security. Selet.i.km of police officers bas been
difficult, but with the increasing demand and complexity of polfoe work, along witl1 the
candidates applying from Generadon X and even Genen1tion Y. ttie selection proces..~ has
become more critical. The personal characteris.tics attributed to Gcncration·X-and in the future.
to Generation '\t,, should be factored into the selection process to ensure that those!'. b1dividuals
selected as l)(>licc officet1) Vtili be able to cope with what has beet, described t6. the iml)o$siblc
mandate of po.lice work in a free society. Background infom1ation on the X and Y generations is
imperative f4;lt psyclliatrists working with pt11ice departments and other la\\' enfr,rcemeot
agencies. This article explores these arca.1t and constructli a paradigm selection procc.,;..i.
5. Miiler, Susan L.~ Ka}i B. f(1rut, and Nancy C. Jurik. :2003. ·toiversity in Btue; l~esbian
and Gay Police Officers in a Masculine Occupation.'' ,\ft->n and Masculit1itie., 5 (4): 355-
385.
Abstract: This study explores how lesbian .and gay police officers fare within ta-wcnforcemcnt
agencies. Using qualitativ~ survey respo11ses from a sample of uout~ and ""dosete4fi gay and
lesbian police officm in a f\,fidwe.'itmt city, the 1uthors examine: fl) ht'tW police orga.nizatitms~
cultures infom1 their experiences; (2) bow oft:icers navigate multiple aspects of tbeir 1dent.ities.,.
including sexual orientation, gender, race, and ethnidty; and (J) the .stmt-e_gies lesbian and ga:y
officers tdilizc to manage tbcmsdvcs. in the workplace. The findings suggest that these officers
support a 1nore hwnane a.pproach to pobcing and see them..~elves as particularly qualified to work
within vulnerable communities.
6. Rkl1ard, Rose.arm M. 2001. The Pe,·(:~t?ptim;i. <f f,J.ton1en Lt/adr:r,,· fo I.mt· E,iff)rr,c:en,1,11tU1h
Prr:>t1UJiicms, Barriers tmd E;(fecti•i't! uaduship, San Francisco~ California: The .
University of San Frandsoo.
Abstract The.purpose of this study is to identify factors that undennine succcssfid care<:r
advancement for women in law enforcement. Through telephone interview·s with women
hnlding command· positions of Captain or higher~ tbt ~ly dest:ribed the.perceptfon& ·,)f women
law enforcement commanders on lc.adcrsllip etlcctivcucss. chalkngcs, and seU:,;pcrccption.. The
findings ptesented may be ust..*d as the basis for twther a.;s.essme11t of eflcctive law enforcement
leadership itnd supervisory practices across various f ederat s:L1te.~ focal'\ and campus Jaw
enforcement agencies. lu addition, the rcsuhs from the study can be used to guide departmental
developrnent of existing management and SUllervisory 1>rograms; update or create harassn1cnt
and diS,<;rimination lrltining \Vht'tc none previously existed; aml allocate ,fopartme11taJ resources
for promotionuJ test training programs and the testing processes.
1. Stroshim:\ Meghan Sq and Steven G. Brandt 2011. ··Ra.cc,, Gender1 and Tokenism in
Policing: An Empirical Hlaboration~-n Polict-: Quarter{v 14 (4): 144.,365.
Abstract According to tokenism theory, '~tokcnsH (those ·who comprise less than Is,--. of a
,ttoupJS total) .are eXpccted to e."'pedence a variety of hat·dships in d1e w1)t'kplace. such a.,ii. feelings
of heightened Visibility, lsoJatiort, and limited Qppc1n:unities fot' advru:icemenL ht the polictng
literature, mosi pn..'"'Vious siudies have defined tokenism narrowly in tcnns ofgeudcr. The t1.1rrct1l
research extends prior reseatch by examining tokenism as a function of gender and ract\ · v.dth an
CJ<atninatfott of raciallethnic sub~oups. Partfoular attention is paid t(l latim) officers, as this
stud)· represents tbe first Jmown study of tokt1tiisnl and Latino police oftfoers. Quandtative
aflai;1ses reveal that. for the mostpart tokefi police officers do expet·ience the eff"eet" of
tokenism. Although an minoriti cs experienced some level of tokenism, African•American males
and Atncar1-American temales experienced greater levels of tokenism than Latino oflic.ers,
sua;~tiug that rac:e is a strof'tger prediCR)f C)f tokenism than gender.
ft Wilson, Charles P.,, and Sltirley A. Wtl&tl1L 2014. ii•Are '1./e TI1ere Yet'! PercC1>tive Roles
of African American Police Officers in Sma11 Agency Settings.'• Tl1e fflelrten1Jmmu1l tf
Blat."k S'tt«iie:ti 38 fl): t 23-136.
Ab~ct: One a.;pcct ofpoHcc behavior that ha.ii oot been mUy or consistently anpha\iud i~ the
problem ofpcrc.eptioi~ particularly how Africa, .. Amcrican police officers serving in sn1aUcr law
enforcement agencie.~ pere-e,ve> thdttseives and their vie,,r of how their agencies and the
communities they serve pcn:civc them, For this artick, Afncan .. Amcrican poiic.c officers were
surveyed to determine tbeir perceptions of the positive or negative efiects nf tbeir pres.ence fo
local police agencies.· Key findings indicate. that Africatt-American police <.'lfficerl ~tin· find
themselves. victims .of rac.tal indifference and seemingly hostile work environments; believe that
racial profiHng is lmth practiced an(! condoned by their agencies; that agencies do little to
improve diversity and pn.widc little support for their efforts: and that they strongly perceive their
prese11ce in the.~ smaller agencies to have a positive inlpaeton ptllice interaction:s in the
minority community,.
5
L Bure-au ofJustice Statistics. 20l 2. St11n~J1: Hiring and Retention qf~',tatc1 1.md Loc11J L<tlF
1.ifi:thx~~menf <~(liter/!. 2(108-Stmi.irt,·ul T,;1ble,,-. Washington DC: ()fficc of Jusdec
Programs;
Abstt~t A special survey was adn1inistered to 4 oatiomdly represetttative sarnple of
approximately 1r000 general purpose agencies a.~ part of the 2008 BJS Census of State and Local
La.w Euforcet11ent agendt:-s~ "rhe study examined sped fie strategies and p<lltde,~ designed to heltl
them rneet tbt Chsdltnges ofreeruidn~ hiring>and retaining qualified sworn personnel.
:t Equal E:mplo)tment Oppottunity Ctmunission. 2003~ Managetnent Directive 715.
Absn-ati: Tl1e EEOC provides lcadersbip and guidance to federal agencies on all aspects of tile
tederai .govemmcmc't. equal em1,h>yment opportunity program_ Manage,nent n-irecttYe 71S (MO .. ,
715) requires agencies. to take appropriate steps to ensure that. all cmplo)mt·nt decisions arc free
fron1 discrimination aud sets forth the standards by 1,vhich the EEOC ,viii review the sutlldency
t1f agett,cy Tide Vll. and Rchabil ilation Act programs. MD-715 sets R•rth and dcS<..'>fibes six
es$e'Jttial elements for model programs.. Pursuant to ele.ncnt fourt Proactive Prevention of
Unlawful Discrimination~ agencies "~have an 011goiug obligation to prcve11t discrimination 011 tbe-
bascs ofracet color. national origin, religion., sex~ age~ reprisal and. di~abi1ity, and.eliminate
barriers that irnpede free and open competition in the workplace. As part of this ongoing
obliptioo}'agencies must 1,;,)ll(lud a self-.assessme11:t ,1n a.t least an annual basis m rnon,tor
progress, identify areas ,,,here bitrri ers may operate to exclude cerntin groups and develop
strategic plans to clitninate identified barrfors. 0
· The background materials include MD-715.,
Section UA (lf EEoc·, 1nstruct1on to federal Agendd ft,r MD-715 (Barrierldentitkation and
Elimination)~ which provides a. detailed explanation of the sclt:.asscssmcnt process~ and ~7ips for
Smalt Agencies Conducting Barrier Analysis under MD..,115,"
.3. Haddad. Abigrut Kate Giglio,. Kirsten M. Kellert and Nelson Lim. 2012. "~Increasing
Organfaaticmal Diversity in 21 ~ Century PoUcing, ,~
Abstract: Both the mUitary and police departments are concerned about reL-miting and
promoting a raeiaUyletbnic3Uy diverse workforce. This paJ.)t"f discusses three broad lessons th,m
tbc Military Leadership Diversity Commission that can b~ used to infom1 polic-e department
hiring and p~rsounet n1anagemcnt: ( 1) qu~litfod minority candidate~ are avaHable~ (2) eareer
paths imp.a:ct diversity~ and (J) dcpa.rt111cnts should leverage organizational commitment to ·
diversity. Addidonany~ .specific suggestions are given as to how· law enforcement agencies can
itltOtl)Orate each oi tl1ese 1~on$.
4_ Kasdan, Alexa. 2006. lncn¥Ising lliv,f<rsi~v in Pt:>lictl IJepal'tnumts: St1·ategit1:!' tutd Tm,l.Y:
Jin~ Ihm.um Rigl:rt:f Cr1rnmist;irmiw <111d Others. lfarvard School of Gnvem111ent
Abstt-act: 'fhe goal of the artkle is to help human rights and buman relat1cu1s ct:,mniissions. work
with police officials to increase race and gtttder diversity among law enforcement personnel .
The ankle studies three jmisdictions: Rhode Island., Kentucky .. and Atlanta.. The ankle
discusses how states should sup.pon local 1rolic~ departments in achieving diversity, including
Offering grimli.;, crainlng opportunities~ and help in .asses.$.ing diversiry. Thetc needs c.o be a. finn
commitment to diversity from pohce chiefs and police administrators. In tirder to achieve
diversity., there need~ L() be parttie:rships and et,)Uabor~tfo1,~ outreach~ hiring refortn. and long,'"'
term recruitment efforts,
.5. M .. nbit!b, Carl r. 201 t. Evit:lenc:e~B,M'ttd Approa,:lit·s· th lAu<' En/rJr<)ement Recruitnumt
a1ul Hiring. Santa Monica, California: Rand Corporation,
A bstmct~ Rtcroiting diverse, qualified candidates is a continual ch~llenge for law enti1rcemettt,
Around Che tum of the miUcnuium~ many metropolitan agencies reported a shortage of
imiividuals interested in police work. With the dmvnrum in the economy carne a .tlood of
applfoantst fau t'unding for recruitment and hinn~. cventualJy dc:1:reascd, Law e11forcemen1 can
bend1tfrom evidence,.based approaches to evaluating recruitment programs and streamlining the
applfoathm process.
6. Taylor, Bruce:" Bruce Kubu" Lorie Fridell, Carter [lees.,. Tom Jordan., and Jason Cheuey.
2005. Cop 011ncJ1-: lde11tttj111g Stn.1legies Jvr Deali11g 1vitlrthi'! Ra"'n1itb1g andlliri'ng
C,·i.,is.in Law h1'lorc,1me111. Police Exei,,itive Research Fon1n1-
Ahstract The processes of fCC;Jttitmcnt and selection ure key to developing agencies with high-
quality personnel and to produdng agencies that are representative of their cornmunities in term.s
of race and gender. The challenge of recruiting and hiring quality personnel has attcrg,-d as a
critical problem ta.cing lww enforcement natiom.,iidc. It. threatms to um.tenriinc the ability of law
enforL'Ullcut to protect our natioo"s. citizens and to reverse impottani gains in our efforts to
increase the representation on our poHce t<m:es of raciatlethnfo minorities and women. The
Police Executive Research Forum conducted this project, ·with funding from the National
Institute of"' Ju.,tice'.' to examine the nature and extent of the ~~cop cnmdt~ and identii}•
department•icvel policies/practices that t.~Uitate the rcctuidng and hiring ofquality personnel,
including the recruiting and hiring of quality women and minorities.
'7. White, Michael D.~ JonathonA. Cooper.~ Jessica Saunders. and Anthony J. Raganella!<
20 l 0. HMotiv.atfons fh1· Becorning · a llolke ()flicer: Re-assessing ()fficer Attitudes and
Job Satisfaclfon After Six 't"' ears on the Street."' Journal q/ Crimilial Justice 38 (4): S20-
530.
Abstract· TI1is article was a foUow ... up to prior research that examined motivations among
ac.ademy recruits in the New York City J)oJice T>epartment (N'YT•ll), Using the same survejr and
analysis, mis srudy re-:e~amined m{nivations ami1ng ofllcer~ from the same N\'"PD recn,iit tfa$.-~.
after six years on thejob, and explored both motivation. stability and the n:latioos.hips among
motivatfons and Job satisfaction. · Results suggested that motivations bave remaiucd highly stable
over time, regardles.,,~ of otlit.er mcet~timidty and gender. finding~ also sugg~ed tbat white
mak officers were most likely to report Jo,v job satisfaction!-and that there is a liuk bcnveeu low
satisfactktn and unJuU1lled rnotivat1ons. Moretwe,r.,. dissatisfied tlil1cers \vere much less likely to
have expressed strong commitmem to the profession lhmugh their ,.1riginal motivations,
suggesting d1at low commitment up front may lead to low satisfaction later on'.' The article
7
cone ludes ,._,·ith a discussion of implications for police dcpmtrnents, particul arty with regard to
rt~rulunettt and rc:tt;..-ntion pra.ctices and efforts t,1 achieve divt.-rsity,
Abstract: Within law enforcernent·agencies, claims of sexual and racfat harassment~ disparity in
pay~ and low J<,b s~tistactJoo mae police t41retrs unattractive. Additionally,. the $election
tlroeess for police officers often contains biases that~ in effect, eliminate candidates of' color and
noudtizen perm.ru1t:11t resider1ts from being hired_ The Cotnmission rect)ttm1ettds~ among other
thingsl that la,v entorcemctu agencies: (I) develop creative £.tracegies to increa~ diven1ity ataU
levels~ (2) improve public perception of&hc police to attraci more applicant,5f (J)·encouragc
recruits to pun-t1e higher education, (4)ebminate biases in the selection system~ and (5) revise
rcm1jfmetu and .selection methods.
8
L Barrick~ Murray R., and Michael K. Mount. 1991. -rbe Big Five Personality Dimensions
and Job Per(onnan,~~ A l\·teta;o_Analysit;. "~ Perso,mt·I Psychology 44 ( l ): 1 .. 26.
Abstract: Tbe study investigated the relation of the HBig Fivcn personality dimen£ious
(txtraver,i<•n~ e1notkmaJ stability~ 1greeablenes$. c<u1scientious11ess~ and openness to eJpr:rience)
to thrtc job perfonnance criteria (job profickncy~ training proficicncy1 and personnel data) for
five c,.)(cupat:iomd grooJJS (professionals. police, 111ruiage1·s. wes~ and skiUedlsemi .. skilled).
Result~·indicated that one dimet1$.ion (>f personality-··'Conscientiousness·· -sh<>wed coo£isteru
rclati011s with an job performance criteria for all occupational groups. For the f\w'"maining
personality dimensions~ the estimated true score correlations varied by occupational groups and
criterion t}1)e~ The findings have numcr,-.us implications for research and practice in pctsonnel
psychology.. cspeciaUy in the subfields of personnel selection, training and development, and
performance a11praisat
' Ben-Porath .. YossefS.~ James M~ Fico~Neil S. Hibler, Robin Iuwald~ JoeUe Kruml, and
Michael lt Robi:rts. 2011,. As,Je.ssing the Psydsologiml Suitability c~fCandidatesju.t l .. mw
El,fbrcement Pbritimu.
Abstract TI1is article descrihe.i and elaborates on the tntcmatiomd Association of Chiefs ol~
Policc.,s Police Psychological Services Section's.recommended procedures for conducting pre-
empfoytnenl evahiations of Jaw enforcem1r11t ttttididates. with an ct'npl1Mis on sk"1)S the hiring
agcncyts administrators can take to en~urc adherence to th~~ practices,
3. Chappell, Ailison t, 2008. ··Police A<.."aden1y Tminin.g: Comparing A,T<•ss Curriculu:r,n
Policing: An ln.tenMtional Jom·11al ,~{Police Stralegies and Alanagemem. 3 t (l): 36,,56.
Abstract; This study compared the academy performance of police recruits trained in a
traditional curriculum wilb that ofrccruits trained under a new curriculum tailored to
community .. po1foing tasks; it also compared ·the chamcteri~dcs of recruit\ who pert'onned better
under the community-policing curriculum ,,ith those who pcrfom1cd better under the traditional
curriculun:1. l"he study found that 1·ecruits in both curr:k'Ula performed sm1i1ady in terms of their
mastery ofthe: material; however, the rectuits who performed better in the community-poiidug
t.'Urriculum were more highly educated and female.. TI1.e study examined recruit cbaracteristies
and performance in Florida's Po~foe Academy under a tradl~io:nal eurr1cuh1m that etnph~b~d
preparation for law enforcement las.ks~ such as fircam1s training. physical training, dcfonsivc
tactks~ and driving, in addition to knowledge areas such as law. arrest procedures~ tratl'ic
enforcenie111, ~nd oflker safety~ UtUe atce:ntion wa$ give11 to communit."~ttions, cuitw"al and
ethnic diversity, problem solving~ and police-community relations. The Florida Police Acade1ny
subsequently modified its curriculum to reflect the police tasks en1pbasized under cominunity
poli<:iog, whkb focus on greater polfo~ c<»mnunication, interaction~ 11nd GOt'fk:r'(ltion with the
community in forging community .. bascd priorities and practices in crime prevention and crime
C(>ntrot T11e community-policing currfoulwn fhcused on the applkatfon of lear111ng rather than
tt1tmori1a1io11t the use of a. problem-solving model through(>ut t.he academy~· and the use or
seetwi.os as the basis for h.~··.Jming.
9
4, f\,tarion, Nancy. 1998. uPolice Academy Training: Are We Teaching Recruits What Titey
Need To Kno1,itt~ Policing: Au I11t4;""t-raationt1l Journal ,~f Police Strategies anti
:Ma,u1gJ:n1.eni. 21 (I): 54'-79.
Abstract: The description of the basic police academy focuses on training duration" entrance
requirttnents~ class ntake-up. en\'ironmtn1~ instniction,. and str~ss. A review <Jfknowledge
le.aming add~ss.es civil liability~ ethics~ special needs groups,, public relat:h:msicuftural dtv('rsity,,
and CDUUinatiotts. An .overview of skm training ct1usiders fireanns training.. self:.deJl~nse.
physical trainingT and eommurdcatim, 8km~. An overview ()f ha.2o1tdou~tnatet·i.al$ trrdning a.lso i8
provided~ along with attitude training. The study concludes that overall this particular police
academy fa pmviding the inthnnadou and ski Us training required to pre1>are l'ecruits to be pulke
officers~ HltWever, the study found the academy lacking in its ability to t.tansmit the proper
attitudes for nmv police otl1cers.. There remains an obvious element. of sexism and ·an element of
elitism on the pan of sotne instnictors. \\rhich was 1nade obviouR·to the rec.ruits. There are a fe\v
areas oot included in the trainingt specifically ethics and helping the elderly orvictims of crime.
The addition of temale and minority instro.ctors may help create change. Poss:ible. changes in
future police acffl.iem)i tminiog in: discussed.
10
APPENDIX A: LIST OF EXPERTS
Kathlem Lundquis~ .Ph.D~
President and Chief Executive Ofliccr
APTMetriC,5 .. Inc.
l\fark KDl,ingsw,01111, Ph;;D ..
Professor ofEconomics
Rutgers University School.of Atts and :Sciences
1\fan: Bendickij Ph.D.
Co .. foundcr and Co,..Principal
Bendick and Egan Economic Consultants, Inc,
Da,1d P .. Jones, Ph.D ..
President
Onnt'lh F'enwres Inc,
APPENDIXB:
WRITTEN TESTIMONY OF JENNY YANG
CHAIR, U.S. EQUAL EMPLOYMENT
OPPORTUNITY COl\fMISSION
US .• EQUAL El1\IPLOYMENT OPPORTUNITI" COMl\USSlON
Wauhin:.;ton, D.C .. 10507
\Vrltten Testlmonv before the
Prcsi,dent's Task Force Ofl i1tt Century· Policing
Jenny R. Yang, Chair
U .. S~ Equa.l E.mployment Opportunity Conimis~ion
On behalf <,f the U .S, Eqwal Umpfoyrnent Opportunity Commissioni l thank Chairs Charles
Ramsey •d Laurie Robinson" Task Force members, and Executive Director Ronald Davis for
inviting written testimony from die EEOC. We write to &Ut>IX}!1 the Task Force's effc:.rts f<•to
identify best practices and , , . make recommendations to the President tm bow po11c-ing practices
can promote effective crime reduction ·while building public trust."'1 buhe wake of the events iu
PerguS<mJ, New York City, Cl,;veiand'f and acr<iss the countcy\ your efl,.,rt~ are litnely and vital I
commcttd you on the success of the Task Foree~s tirst listening sessfon and on your inclusion of
worldort.r:e diversity as oue of tlte strategies that will aid stare a:11d local ta,,~ enforcement i11
buildingtrusttnd legitimacy in the communities th.ey serve and~ ultimately. in achieving
effective~ community-oriented po) icing.
Promotin.g·cquality of opportunity in the public sector is vital to.the EEOCs mission lo stop and
remedy unlawful eniployrnent discrimination 1n the wor·kplace. \lie write to provide background
<)fl the EEOCswotk to promote equality of opportunity in pc.1licing and to offer
r«:ommcnda.tions to assist police forces in drawing from the diversity of their community,
Fifty years agt"l, Title VU (if the Civil Rights Act of 1964 created the EEOC a~ tlte leadi11g
go·vemment ugmcy charged v.•ith enforcing ,:ivil righLti; proc«tions in the workplace. Toda.y, we
bave 53 field offices nationwide;. and we enforce federal laws prohibiting disct·iminatfon on tbe
b~sis of racet colort n:Hgion, sex, nad6mtl origin~ age (40 ot older), tlisabtlily nr g~etic
information,2 Our jurisdiction· includes privatc1 federal, and public sector workplaces, which ·. . . ··. .· 1 ... ..
include state and local law e11forcen1ent agencies.·
1 Executive Order 13684 to Establish the Pn.~idcnti S: Task F cm:e on 2J ;;1 Century Pofo:ins (l~ectnbcr 18!
2014), a'lY1U,1bl,,, at Intps:/l~ww.fedcralrqjstcr.1ovlartidcs/Wl4Jl2l2ll2014-30t(J5icstabhshman .. of;.tbv-:
11:~i~uU:::Itti.k:tiiE,i;.:.~::,QJl:;:1.it::.~~uuo::ffltli,j1ig.,
1 EEO laws also prohibit rcialiador1 on tbe basis o( comphlining about di:s.crimin.adou .. tiling a charge of
discrimination~ or pattidpating in an employment disctimitttttiun investigation or J.aws.uit
1 The EE0<::1!i feder~l SC{;tor enfor(:<:ment pr~Jgr;11m CQvers. federal ~enci($, inch.iding federal h1w
enforcement agen~ies. 'l'"he Commisskm is authoo7«l t,o ho1d hearings 011 l!EO compialnts against tedera1
The EEOC shares enforocmcni authoiity for public sector employers ,,tith lhc Department of
Ju.~tice~s Civil Rights Division C-Cll T"} undet' TideVH ~ the, lunerican.i; with DlsabUities Act
{UAD,At"). and the Genetic-Information Noudiscrimioalioo Act e"GfNN')~ GeotraHy~ die
Commission fct(.':<:ivt-:st investigates; and may attempt to mediate charges of discrimination against
pubik employcts .. \\1here che Commissfon finds reasonable cause to believe an unla\vfui
employment proetice has occurred, it attempts to conciliate those t::harg,cs. Commissioners may
also flit) Co1n1nissioncr's Charges against 1>ubUc employers. ff conciliatitm of a charge fails,, the
E-EOCtclen the charge ~mi its investigative me 10 CRT~ wMch hasau1hori1y to sue Ptlblic
emph,;·ers. The EEOCalso has authc.nity under Title vuf ADA. and GINA to sue labor
organizations that represent state and local employees or employment agencies that service state
and )<)C~i employeNJ~4
Moreo\"er, the Conmussiun lias tl1e authodty to receive"' investigate~ attetnJ>t to mediate~
ct'ltieil:iati:. and sue regarding a c;harge of discrimination against a public emph)yer under the Age
Discrimination ht Employment Act oft 976 (ADEA) and receive~ investigate"' and sue unda· the
f_.:qw..l Pay Act of l 963 (EPA;,
The HE(>C is also authorized to. coUa:1 workfort~ demogt'Bphic dam from et11ployers with. 11101·e
than 100 cmplo)itt-s. State and l<>eal government W<lrkft'lfte data, including data trom cet"Uin
pol ice dcpartmcnts1 ig, captured on the EE0.4 tram. The data of individual state and loca.1
govemn,ent emp1oyers is t~ made public'? but aggregate data may be shared to pt'0\'1de
infomiation about cmploy:tnent by rncc~ ethnicity~ and gender in various job groups and by salary
bands '\\<1thin those job groups.
The EEOC is also charged with pmviding guidance and conducting training and omreach lo
promote equal employment opportunity and encourage voluntary compliance with the faws ,vc
ent.;,rce.
agenci(;,sand adjudkat(: Ztippcals from federal agency administrarivc: decisiomL The EEOC also mooito.i'S:
and collects. data on a_g:t."1lc:ies t cott\pliant"e wit11 EEO lav.'S,, monitoria and ~valuatt.-s fedetat ~gent-ji
affimiative employment program~ .. and e.nrn:Jucts education and outreach aimed reducing. barriers lo. equal
employment and EJ10 er,mpliu:nce. As an ex:mtph:, in Fi~al Year·· 20 t 3~ the EEOC found in fitv«x of a
da&~ of femaJe agents in a pattern or pmclke action against the llrug {~.nfo«e-mmt Ag¢ncy involving
discrim,m,tit1n ,n fon:ign assigrunents tmd promotious on the basJ.s ofsex, Cnrrcia r. Dt."p 't of~l«stJc,:,;
E.EQC Al'fk.>:a.l No. 0120122033) 2013 \\tL2903347 C,Ji;mc t 2013).
4 As an exatnp1e~ in Fiscal Year 2012, the EEOC filed suit against Jacksonvme As.sodatian ofFirefighters
(Local t 22 ·of the lntcmatfonal A~ociacion of Fire Fishtcrs). The EEtX: aHe1ed tb~t the w1ioo negoti.sted
with the City of JatksonvHk for a racially discriminatory wl'ittcn exam in the pron1:t1doo process that it
knew to have a distJroportfonatt: adverse impa{:t on Bla.;-k test taktn. CaSt: No. J: I :z.-cv ... 0049 I "MMH"
TEM (M.D. Ha,). The Department of Justk~ filed a oompanit)tt iuit against the dty. Case. No. 3: 12-ev~
00451--TJC-MCR, (M.D. Fla.). .
IMPORT ANCEOF EEO COMPUANCH & DIVERSf1"Y
The EEOC 's Stmtegic · Enforcement Plan prioritizes eHminating .systemic barriers to hiring and
recruiltnenl it1 the public, private~ and federal sectors under all ofthc laws we enftlrc;e, J Th.e.sc
laws prohibit .e1nploy~rs from using recruitment practices or sd~c:tion procedures that b:ave tbt:
puq,o~e, or ctlbct of discriminating aiainst individuals based on their protected characteristic( sJ ..
As an e:xarnple,, Title VU pemtits anployment tests to be mmd a~ long as they are not ';;designed,,
intt'tided or used tii distc'Tim1uatc~~ ag$;inst ccwc.:n .. -d individuals' and impost:.~ restrictions. c:,n h,.1w
tests arc ~ored:7 Thie VII also prcJhibits empl,.>yers from using fuci~Uy-neuttal test.s: or S(!lection
procedures that diiproportionately ex.elude covered individuals where the tests or procedures are
tux (job-related and consistent with bu.~ine.i;;s nece~~ityr. t'i)r the position in questi<)fl.s · The
Unifonn Guidelines on Employee Scl¢ctio11 Procedures ( .... UGES~1
) were promulgated to be-
used by eu1pfoy;rs,. including faw enforce1neru: agencies" tt, evaluate their selection. pr.sctices. and.
asst..~, whethtr they are in com11Hattcc with the htw.'> The us.e tlf any sclcctkm ph)(:cdure that has
an adverse impact based on a category protected under Title VII will be considered
discriminatory unJess the procedure is job-related and consistent with business necessity, Le .. it
has been properly validated, 10 or t.hc use of the procedure is otherwiscjustificd under fcdcraJ
lawY .
Although EEO enforcement is distinct from the promotion of diversity in tlre workplace, the
concepts; are Jit1ke4 as compliance with FJE() taws wut ~>ftett lead to great.et· diversity in the
workplace .. Moreover, the absence of diversity is oft.en a critical indicator of potential tmniro to
' Id. ,tt f 2000e-2(l) (it is an 1.m lawful employmem practice 'ito adjust the scores of., use different cutoff
scores· fut\ or· othetYt<·ise a1tttt the tt."SUlts ot: employment-re fated tests on the basis of rac~ color, religion,,
scxf ··<;tr natiQOa-1 otigin°), Tbc ADA also addr~~s prohibited practice$ related to employment tc~. · Sltt:
42 U.S.C. § 12 l t2(b).
Ht i5fc. <t,gq lwibitf v, CiJ)t ,'!/MempJ1is. 404 FJd 40,t 413-14 (6th Cir, l:O(i$) tChyts use of'a ,\'litten test
ftlf promotil".m to poUcc lieutenant resuhro in~ disparate jmpac1 on African An1c1icans~ CHy"'5 J1'f0ccdure
was not properly v;,Udmt-d and thacforn 4"had no busi11cssjustifkation.''.'} UOESP instructs m1pioy{;rs to
rely upon i.\.·titeriott .. related vaHdiry studies~ conknt validity studies or cortStruct validiiy. studies n 10
validate a selection procedure. 29 C.F.R. § 1607.S(A).
11 Jd at §* i{,t)7.3J 16{)7,6; see Ojfic/ers J•tr Jusrit"t' v .. Civil Sen\ (,{Jlttfn '1i1 979 F. 2d 721. 128 (9th
CiL 1992) c·tBJefore utmzing a [S£:1ectfou] 11rtK't5dure that has an adverse im~tt on mi1J:rmtics1 rhe Ctcy
hai an <.'tl1h~~tlotr pursuant to the U1,ltinw Guttl,llilttlS to explore altet'nattve procedures and w implement
thetn if they have less ud\1en;e rr11pat:t and arc subscantiall y ec1ually val1d [lf) other options ).~'l
equal employment Oppi,)rtunity in the \'1'0rkplace,; As witne$SCS testified during tbefirsr T«$sk
Force listening scssionij and as reported by the 1967 Kerner Commission~ wb iJc a divt!ts.e ptJlic~
force will not alone en.\ure eflet.'tive community pohdng or the 1untection of civiJ rights, a police
fotce that rencds the community it ~rves Cito aid in building tru,5t and legitimacy ,n the
community~ This can lead to higher quality and more d'fectivc law ent11rcemez:nt 111-0 EE{X~ is
bighJy intere1ted in the work ofthe Ta~d, Force with respet:t to diversity, and we, encoutage the
inclusion of diversity and EEO compliance in your final recommendations.
In Fiscal Year 20l4~ the EEOC received LJ:52 charges against entities listed as HpoUcc·· ot
Hshentr~ departmenti~11 The iop l:»lsb thr these charges wa,i retaliariorrunder aU sUttutes (50.5
percent .. with 43.6 percent alleging retaliation under Title VO alone )7 followed by discrimination
un the basis <>fsex (36.5 percentJ~ r.tce (.34.2 pen::ent). diS3bility (29,4 pert."etlt)~ and age ( 16.5
percent).13 Sort~d by issue taistd1 the tt.ll' i&sucs were harassment (34.5 petcroO~ discriminatory
terms and conditions of employment (33.2 percent).; discriminatory discipline (20.4 perc~nt)~ and
reasonable accomrnodation reiated discrimination ( 12.3 percenO. Promotioo. assign,neut,,
int1midatioo,, suspension~ and,hiring discrimination were all issues raised~ but. each category fell
under IO percent.14
Although the EEOC' s charge data provides insight into employment discrimination 1Sa,.1es
alleged, it should not alone be u.,ed to gauge the scope or severity of discri1ninadon or a
particular type of discrimination in any gh·cn sedor. Many employees and job seekers do not
take the step offilingcharges and many others, especially in the c,ase ofrecruitmcnt and hiring
di~t."riminatiou~ are not aware that a viqfatlun bas t>ecurred~ '5 In contemplation ()f this, Congn~s
authorized Commissiorn:rs to file charges under Tillr: Vil when they have tea.son to believe
discrimination has occurred and similarly authorized the EEOC lo file Directed Investigations
under the EPA. and ADEA ..
The EE()(: also utilizes: it~ ~:b:acatk,n mid outreach prog:rruus to promote equal en1ployment
opportunity int.be public sector. In Fiscal Year 201411 our program .analysts conducied 43
trainings for state and local faw enforcement agencies. These trainings focused on topics such as
an overview ofEE()taw$,. implicit bfas" diversity and inelusi1,,ln~ employer respc,lnsibiticy ~md
complaint resolution~ and harassment As a result of our nationwidi:: prcsmce~ the EEOC has
t: Although the EEO<::'ii syskm docs not sqmrately-tr.a,ck c.bargefi. ag)linst f"Jlicc departmeJ1ts per s~, we
can track charges against entities which exp1~sly contain the word npotice" or ~sherif'f: ii While usiug this
1netbod s.omi·vthat tmdcrwtmts lhe charges against pt1Ucc de11artrucnl$, wme of whkb. for ex.ao1plc~ may
only name tbc municirmUty involved~ ~ve do b<tlit·vc it e(»1stit:utes ,l rcJ•rcscntativc sa.1nplc ofdtc kinds of
co1npla.i11ts ooirtg :made.
<mgoing relationships with state and local go\·ernmental ernployers~ g1)tnetitu~s in J;maU locaJides
,vherc then; is I iUk federal prcscm.;c and sometimes as an institutional partner wiih a larger
employer. As an example~ the Denver Field Office has partnered with the Denver Sheriff"'s
Oepan.meut t•:, Etadt its cuniculum on anti-harassment attd bullying ft)r new recruits, \\"ith the
renewed focus on quatity cnnmmnity policing and the rok diversity plays in achieving; it~ the
EEOC expects and is well positioned hl form ttC\V and deeper 1,art11crsh1ps d't~t wm bcnetil EE()
enforc;ement, police departments, and the public alike.
EEOC Next l'tep.;;,,
The EEoc··is workingwith CRT, othersatD01~ and experts in, tbc field to:
I. Tdcndf'Y insta,1ces in \•,rhkh the use ofcettain recruitmt-.it, hiring~ and pn:,motion practices i11
faw enforcement may serve as ban-iers to equal employment opportunity;
2. Fat..ilitate tbe development of best practices for EEO compliance and achieving and
maintaining greater police force diversity; arid
3. Develop and d~lo)r effective ERO and diversitylindusfou tt·aining for ditlerettt state .and
focal law enforccmt~t audit.-nccs, inc1ud1ng dt.,>ilrtment leadt.-rshipt human resuuroest and
hiring otl1chds (including those in Civil Service Commissions who otlen design police hiring
critetia)1 union leadership~ attd 1ndi\•iduat officers.
The EEOC vril l also continue evaluating charge and EEo .. 4 data for outreach and systemic
administrative aud legal ~1d~1rc,ement ,lpportunitfos..
We encourage the Ta.sk Force to:
I , ltwite orc11 and ,vrittm testimony on rccmitmentt hiring, and promotion practices that
promote equal employment opportunity in policing;
2~ Ex~mine tbe, qualities tleed~d to be a ~ccessful police officer and identify· relevant se1ection
pra~fices;
J~ Encourage additional research to quantii)r the benetlts of a diverse pol foe force that retleets
the communitv served;
4, Highlight tho~C• d@partmcnts where diversity bas pmVi?n an -effective faw enfbrcemcnl
strategy and highHght the approaches taken, as appropriate; and
5, Consider the use ofgmats to assist srn~U and ttdd-sized pulice depat£ments. in cooductiug
barrier analyses and taking 1>roadive mc,asures to comply ,-..·ith EEO law and achieve or
rm.tintain a diverse \VUrktor<.':C.
5
I , Reconm1rmd experts wh{, can pn::r:afidc oral or written testimony on rectuitn1ent~ hiring; ::md
promoti011 practfoei that JmJtnotc equal etnployment OPP9rtunity in policing; and
2.. Subn1it · a. literature review on wurkforce diversity in police depanments, including barriers,
best pmcdc.cs~ and job quJ!Hfications. · ·
.As rcsoutt':CS pmnit, the EEOC can al~o provide the Titsk Force additional infortnaticm on tnrr
charge and EE0-4 data.
CONCLUSION
Th~t1kyoo again for your c-0n~ideratic:m ofthis JC$thnotty and the imp:-.nain role divcr.sity plays
in ensuring 21st Century policing that meets the needs of our nation~ The Commission looks
forward to woridt1g with you,
6