[lg policy] Police Policy Language/Language Policy

Thu Jan 7 17:13:52 UTC 2016

Watch your language: 3 keys to developing the perfect police policy
manual Agencies
should be very deliberate in choosing the words and phrases used in their
policy manual

Yesterday at 11:30 AM
------------------------------

Having a policy manual that is carefully thought out is a must for law
enforcement agencies. Agencies have an option of writing their own policy
manual or adopting one from a vendor that provides that service. Both
strategies have their pros and cons, but the choice should be made after
careful deliberation over which option best suits the needs and
capabilities of the agency. Whether you’re writing or approving policies,
there are several things to watch out for.

*1. Deviating from the Norm*
It is understood that policies can be more restrictive than federal or
state requirements in order to cover a specific need to the agency. When
deviating from the norm, the agency should be careful not to accidently
paint themselves into a litigious corner. For example, in the domain of use
of force policies, the agency should make sure that the policies do not
conflict with current legal standards, training standards, and basic human
performance limitations. Agencies should also be very deliberate in
choosing the words and phrases used in the policy manual.

*2. Words Have Meaning*
When writing a policy, it’s important to remember that certain words are
commanding while others are permissive. The following are examples of both:

*Commanding/mandatory words:* will, must, shall
*Permissive/authorizing words:* may, should

If the agency policy is using mandatory directions, the agency is expecting
the officer to act in that manner exactly (and every time). For example, if
a policy states that an officer “shall immediately” do something, then that
action is expected to take place immediately without consideration of the
totality of the circumstances. Having a policy that does not consider the
totality of the circumstances and the real-world conditions that officers
operate under will expose the agency to more risk.

*3. Make Sure Your Policy Fits Your Department*
If your agency is accepting a policy written by an outside vendor, read it
before you agree to implement it. This review should not be a casual
endeavor; it should be a critical read that includes feedback from various
officials within the agency. Just because the suggested policy is written
by a person with great credentials does not mean it will exactly fit every
agency. Each police agency has slightly different needs and capabilities,
your policy should reflect those.

If there is something in the policy that the agency will not be able to
reasonably do, rewrite the policy and have the vendor look at the new
language. There have already been examples of agencies not critically
reviewing these policies prior to implementation and having that policy
revisit them — not in a good way — in litigation.

During the discussion of the policy, the decision makers should be asking
themselves certain questions:

   - Is this policy in line with our current training standards?
   - Is the policy in line with current industry standards?
   - Does this policy conflict with current legal standards (authorizations
   and limitations)?
   - Will our personnel be able to conform to this policy under the real
   world conditions they are operating in?

If the answer to any of the questions above is “no,” an adjustment of the
policy language must be made prior to implementation.
About the author

Ed Flosi is a retired police sergeant in San Jose (Calif.). He has been in
law enforcement for more than 27 years. Ed has a unique combination of
academic background and practical real world experience including patrol,
special operations and investigations. Ed was the lead instructor for
use-of-force training, as well as defense and arrest tactics for the San
Jose Police Department. He has been retained in several cases to provide
testimony in cases when an officer was alleged to have used excessive
force. He has assisted the California Commission on Peace Officer Standards
and Training (POST) in providing expertise on several occasions related to
use-of-force training. He has a Master of Science degree from California
State University Long Beach and holds an Adult Learning Teaching Credential
from the State of California. He teaches in the Administration of Justice
Department at West Valley College.  He is currently the Principle
Instructor for PROELIA Defense and Arrest Tactics
<http://www.proeliadefense.com>.

https://www.policeone.com/chiefs-sheriffs/articles/60456006-Watch-your-language-3-keys-to-developing-the-perfect-police-policy-manual/

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