COMMUNICATION FOR LAW ENFORCEMENT LEADERS

Communication

LEPS 510

Neglected Territory

Module 7

University of San Diego

Dr. Matthey O’Deane

April 29, 2019

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In the realm of law enforcement, we see how crucial effective and transparent

communication is to all aspects of our duties. Law enforcement organizations are

generally expected to be transparent because of their ties with the public and the

powers granted to them. Arguably, each contact with one another and with the public is

an opportunity to showcase law enforcement as an indispensable service. In order to

better serve the communities within all 58 counties of the state, leadership must ensure

all of the department’s actions are as transparent as possible to improve our public trust

with the communities we serve.

There are times when law enforcement can provide information regarding

potential dangers that can help the public stay safe in avoiding the situation. At the

same time, law enforcement leaders need to avoid giving out too much information that

may provide knowledge to a criminal that they are being investigated. Leadership must

remember the truth is good enough. It is up to law enforcement leadership to find a

balance between tainting a possible investigation, and keeping the public informed

about what they are doing to ensure no misconduct, in or out of the department is

occurring. By maintaining transparency, we are able to show the public our law

enforcement agency is fair, just, and professional.

To illustrate the importance of transparency I will present an event that involved

my Department a few years ago. On July 1, 2014, a CHP officer responded to a radio

call of a pedestrian walking on the freeway. The officer observed the pedestrian

walking into traffic lanes and ultimately used force in order to get the pedestrian into
custody and the pedestrian was placed under a 5150 WIC hold.i I was the Captain of
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the involved command and I was notified on July 3, by one of my managers about a

YouTube posting that showed the latter portion of the aforementioned incident. As soon

as I saw the YouTube posting, I instructed my team to secure all logs of the incident

because we needed to conduct an investigation into this incident. I made notification to

my superiors of my intent and I attempted to provide transparency by offering to read an

approved statement to the media later that same day. I met with the media in front of

my Area office and the reporter said he did not need to interview me. When the reporter

gave the initial news story he said, “The CHP wouldn't talk with Eyewitness News on

camera about this incident, but in a written statement, CHP said the officer ordered the

woman to stop, but she ignored him. Fearing she would be hurt; the CHP says the

officer tried placing her under arrest.” "A physical altercation ensued as the pedestrian

continued to resist arrest, at which point a plain clothes, off duty officer assisted in

applying the handcuffs."ii

The following day several more news outlets arrived at my Area office and one of

our Assistant Chief’s and myself gave a press conference in order to provide

transparency to the public. As more pressure came from the community, on July 8,

2014, the CHP Commissioner met with black activists and spoke with the media about

his meeting. “I told them we are a wounded organization,” the Commissioner said. “We

have lost a considerable amount of trust. My job is to regain that trust. I asked them not

to listen to the words, but to watch for the actions.”iii These comments were made while

the Department was investigating the incident.

On September 24, 2014, the CHP Commissioner issued the following statement:

"When this incident occurred, I promised that I would look into it and vowed a swift
resolution. Today, we have worked constructively to reach a settlement agreement that

is satisfactory to all parties involved. I am thankful to the attorneys representing both

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sides who worked cooperatively and diligently to resolve this civil lawsuit. The bulk of

the settlement establishes a special needs trust for Ms. Pinnock to provide a

mechanism for her long-term care. Additionally, Officer Andrew has elected to resign. I

very much appreciate the trust the public has placed in our organization to address this

issue and resolve it responsibly."iv

Ultimately, the Los Angeles County District Attorney Jackie Lacey reviewed the

entire investigation and she came to a different conclusion. Jackie Lacey elaborated on

the report in a statement: "When looking at all of the evidence, and especially the

medical reports and eyewitness accounts, it becomes exceedingly clear that the officer,

who was alone and struggling with Ms. Pinnock precariously close to evening freeway

traffic, acted within the law," Lacey said. "In our analysis, his use of force was legal and

necessary to protect not only his own life but also that of Ms. Pinnock."v

In the same article it mentioned Officer Andrew was forced to resign as part of

the cash settlement reached by Pinnock against the CHP. The CHP informed Officer

Andrew they would not represent him if he did not resign during mediation. Sadly,

Pinnock was arrested again in October 2015, walking in traffic lanes almost in the exact

same location as the original incident. Leadership must understand that mistakes are

inevitable when dealing with people. We must look at mistakes as learning

opportunities instead of trying to remove the employee. This is one of the steps in

building trust in the community. Being transparent on a consistent basis also leads to
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public trust: “An effective police force in a democracy requires the consent and

cooperation of its citizenry.”vi

i
https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=WIC&sectionNum=5150
ii
https://abc7.com/news/driver-records-chp-officer-punching-woman/154732/
iii
https://www.dailybreeze.com/2014/07/08/chp-commissioner-vows-swift-investigation-into-beating-
video/
iv
https://ktla.com/2014/09/24/chp-reaches-1-5m-settlement-with-woman-seen-being-beaten-on-video/
v
https://www.latimes.com/local/lanow/la-me-ln-chp-punching-video-marlene-pinnock-charges-20151203-
story.html
vi

https://books.google.com/books?id=86r5xE8u3FoC&pg=PA242&lpg=PA242&dq=national+research+co
uncil+An+effective+police+force+in+a+democracy+requires+the+consent+and+cooperation+of+its+citiz
enry&source=bl&ots=FxsYkfC6Qu&sig=ACfU3U3bwmxNed6durVIGY3ZF1iYbDJOxw&hl=en&sa=X
&ved=2ahUKEwj95cef7_HhAhXqna0KHVmACp4Q6AEwB3oECAkQAQ#v=onepage&q=national%20
research%20council%20An%20effective%20police%20force%20in%20a%20democracy%20requires%2
0the%20consent%20and%20cooperation%20of%20its%20citizenry&f=false