VI. SCOUT CARS AND SPECIALIZED UNITS

At the present time, there is a move to reduce all scout cars to oneman scout cars. This in many situations may well be appropriate; but, by the same token, the men in the force should be given an explanation as to the reasoning and justification for this move and, furthermore, there are many situations where this move is impractical. Two of these which involve substantial sections of the Department are the Accident Investigation Unit and the Canine Corps. These units are presently suffering from unrest and indecision which may affect their efficiency and morale seriously if not corrected in the near future.

Recommendation: That further study and investigation be made, with consultation with the men in the field, to determine if one-man scout cars are practical in certain units. For example, in the Accident Investigation Unit, consideration should be given to the following:

(a) The accident investigator is unique in that he is called upon to testify and to become involved in many matters not solely connected with the government and the Police Department. Chiefly, we are referring to his need to be constantly available for civil litigation involving claims arising out of accidents.

(b) the advisability, as recommended, that the men in the Accident Investigation Unit cars be reduced from two to one. It is physically impossible for one investigating officer to handle the following requirements at the scene of the accident. And I have attempted to name a few of the necessary duties, namely,

(1) securing the scene and rendering it safe as far as other moving traffic is concerned;

(2) directing traffic;

(3) providing first aid for the victims and securing medical aid; (4) questioning those involved;

(5) measuring the streets, skid marks, point of impact, and obtaining other important data;

(6) taking photographs;

(7) surveying the crowd for witnesses;

(8) arranging for the crane and many other minor items at the scene of each accident.

CANINE CORPS

With respect to the Canine Corps, like the Accident Investigation Unit, consideration should be given to the following specialized problems of their job, such as,

(a) The fact that when they first arrive on a scene they may not desire to approach with their dog and may, therefore, leave the dog in the car. If there is only one man, and the dog is necessary quickly later, they do not have it with them.

(b) In building searching, this is very difficult to complete with one dog, and consequently, it is necessary for additional units to respond to the scene.

(c) In many of their duties, there are multiple defendants involved and, therefore, the need for two dogs is advisable.

Lastly, but not least, ability for observation is far greater in a patrolling two-man car than in a one-man car.

The Canine Corps of the District of Columbia has obtained dur-ing the years of its program a reputation of a model Canine Corps.

Every major city which has employed a Canine Corps has come to Washington or communicated with the Washington Department for information concerning how the Corps has been set up. The dogs have been used effectively and have served a useful purpose. This particular unit is suffering at the moment from a serious lack of communication as to what the future of this Department holds. For the first time since the creation of the Department, there is no rookie class contemplated and within the past several months, the number of dogs has decreased by approximately ten. Many men in the Department are wondering whether the Canine Corps is to be phased out, especially in view of a recent order of the Department, severely restricting the use of the dogs when making an arrest. This order indicates that dogs may be used to effect an arrest of a person who the police officer has reasonable grounds to believe has committed a felony. This again. requires that instantaneous judgment of the police officer be exercised as to whether or not a felony or a misdemeanor has been committed. and leaves him in a position of being reprimanded or disciplined if his decision, upon reflection, was incorrect in someone's eyes. This particular order received great notoriety in the newspapers, and the men of the Canine Corps may be reluctant to make a valid arrest where the actual crime is questionable as between a misdemeanor and a felony for fear of reprimand. The dog which they carry is the same as a weapon, to an extent, and restricting its use is to nullify the purpose for which it is being carried. Here again, we have placed the police officer in a position of being accused of impropriety in doing his duty.

VII. POLICE ADVOCATE

The next item I would like to discuss is the recommendation as to a police advocate. It has been advanced that a police advocate be appointed. The exact duties of the police advocate have not been explained yet, but it is presumed that he would represent the members of the force in many matters in which they may become involved while on duty.

Recommendation: We are in favor of the advocate idea, but we feel that this advocate should be separate and apart from the Police Department and the District of Columbia Government itself. He should be an individual selected by the policemen, one to whom the policemen would feel free to go with their problems and whom they feel would be capable of adequately representing them. To have it otherwise would be doing nothing more than to render him an official of the District of Columbia Government, subject to the pressures and command influences of the Department and the Government, no matter how subtle such pressures and influences may be. Even in citizen complaints leading to trial board actions, the complainant is the Police Department which is represented by the Corporation Council's Office, an arm of the District Government. It, therefore, becomes important that counsel representing the policemen in this situation not be connected with the Corporation Counsel's Office or the Government. It is equally important that he not be appointed by the Department or by the Commissioners.

The advocate would be available to counsel and assist the officer in preparing his statements and answers in opposition to citizen com

plaints. We would also be available to represent the police officer in assault cases against the police officer. Reference has also been made in some of the recommendations that he be established as a grievance or gripe procedure. This advocate could be available for this purpose. If a police officer has a gripe or a grievance, it is now difficult to take this to a member of the Department because of the usual situation which arises when one complains to a superior officer. However, it would be very simple to take this complaint to an independent advocate who could pursue the matter properly. It has been my personal experience with respect to some of these gripes which I have handled over the years that they could have been resolved by a phone call or a brief meeting with the parties involved. It is important, however, that the advocate be a free agent and independent of all departmental or governmental influence.

In order to accomplish the appointment of an independent advocate, it is recommended that an appropriation be made to the Police Association of the District of Columbia, Inc., to be used by that Association in selecting and retaining counsel to act as independent advocate. This would be done by contract between the Association and the advocate. He would be selected by the Police Association and could be fired by the Association. He would receive his instructions from the Association representing the men on the force and not from the Commissioners, the Corporation Counsel, Chief of Police, or United States Attorney. We feel that this type of arrangement would make him truly a policeman's advocate.

VIII. EDUCATION

One aspect of improving the police ranks with which everyone is in unanimous agreement is education prior to appointment to the Police Department, and education of those men presently on the force. I would like to digress for a moment and point out to this Committee that the Police Association fought for and was probably the moving force behind the idea of education of the men on the force while working. In the middle 1950's, it was through the efforts of this Association that two local universities commenced to offer special police courses for members of the Police Department. At the beginning, the men were encouraged to take these courses at their own expenses and many of them did. As previously indicated by testimony in this Committee, this education is now offered to the police officer at a very minimum charge to the officer, namely, $10.00 per semester plus the cost of his books, the balance being paid for by the Department. We continue to urge that police officers further their education and we will continue to exert all our efforts to have members of the Department take as many courses as possible. As you will see from our proposed pay schedule (to be submitted later), we intend to compensate additionally men who have satisfactorily completed approved education courses.

We have set this up on a scale which will give those men an additional increment of pay as they progress toward their degree, and when finally receiving a degree, will continue to have an increase in pay. We feel that this certainly is in keeping with the present-day conditions where education is so important. I would like to point out,

however, that we feel it would not be in the best interest of the morale of the force to bring rookies or new men into the Department at a substantially higher salary than those men who have been in the Department for years. We feel that individuals coming into the Department with a prior degree should not receive a bonus increment until he has been on the force for two years. Certainly, a new man coming on the force would know in advance that if he proved himself as a police officer his first two years, he would then receive an increase based upon his prior education. By delaying this increment, it would not bring this rookie in at a higher rate than other rookies and, therefore, cause a morale problem based solely on the education factor. It should also be pointed out that the education for which credit is to be given should be that education taken toward the degree in police sciences and administration.

IX. THE LAW

The next comment is on the law. The rank and file of our Association feel that at last but by no means least, the Crime Bill that was vetoed by the President in the last session of Congress should be reenacted into law.

X. CONCLUSION

Let me conclude by saying that change for the sake of change means nothing. We feel unless a change brings about a solution to a specific problem, the adverse effect it may have on the morale of the rank and file of the Department might offset any good which may come from such change.

Apparently, we are in a time when reorganization and change is the thing to do. Many people today, when faced with problems, have concluded quickly that reorganization is the solution. This causes unrest, especially when sufficient explanation is not given to those affected by the change. We have this very situation in a larger example in the District today with the President contemplating reorganization of the District of Columbia Government, apparently without the knowledge and consent or information to Congress.

Mention was made for a public relations officer for the Police Department. We feel this is excellent. We also feel that this person. or someone, should be designated to act as the public relations and information officer from the Chief's office to the men on the force, so that they will feel a part of the organization and know what is going on.

Prior to concluding, I would just like to mention a couple of additional problems confronting the policeman today which affects his efficiency and morale. They are, first, the present setup of the Civilian Complaint Review Board, which is causing many policemen to operate at less than their maximum efficiency, and secondly, the inequities which occur in pay as a result of legislation and reorganization. It should be made clear by such actions that no policeman will suffer a diminution of pay as a result of any reorganization or any legislation. Today, there are groups and organizations which represent practically everyone in their way of life and in their occupations. The policeman of the District of Columbia has no such spokesman. It might well be that the Police Association, which is a long-existing,

stable organization, might be such a spokesman for the policemen in the street. This could be worked out, for example, by allowing any request, suggestion or complaint which a member of the force has to be brought before the Association, and if the Association felt that the request, suggestion or complaint had merit, they could bring it to the proper party for consideration.

It might also be helpful if a representative of the Association were in attendance at staff meetings of the Police Department where decisions affecting the men are considered, discussed and made. His purpose would be two-fold: one, to communicate the feeling of the men in the street to the staff level, and two, serving as an information conduit from the staff meeting down to the men in the street.

We thank you for permitting us to present our views in this matter. Mr. WHITENER. Thank you, Mr. Deckelbaum.

Mr. Chairman, Mr. McMillan?

Mr. MCMILLAN. Not at the moment.

Mr. WHITENER. Mr. Nelsen?

Mr. NELSEN. I noted that one of your recommendations dealt with the Crime Bill. Nationwide law enforcement personnel are greatly concerned by decisions that have been handed down by the courts. They feel that their authority has been curbed to the degree that they find it very difficult to operate.

Now, I wondered if the same atmosphere was not a contributory factor to the situation here and also I wondered if the proposal for police reorganization does not stem from the public clamor for some action of some kind. The real problem; in my opinion, goes back to the shackling of law enforcement people by the decisions of the courts. Would you care to comment?

Mr. DECKELBAUM. Well, it is our feeling that the policeman is shackled to an extent by the court decisions. We have so stated. We feel that the Crime Bill would have assisted the policeman with respect to arrest and convictions, and so forth. But I do not think that that is the sole problem. I think that is probably one of the main problems. I think the officers are still making arrests and the charges are still being made. The conviction problem is what has been upset by the courts, and, adding this to the morale problem which I referred to and to the efficiency problem, and so forth, the officer may become lax if this is not corrected.

Mr. NELSEN. Now, the recommendations of your association, as I understand is have never before been permitted to be presented to the leadership in the Police Department. Is that true?

Mr. DECKELBAUM. That is true. There is a regulation in the police manual which prohibits any policeman, group or association from making any complaints, suggestions, grievance or anything other than through the chain of command. They cannot go to any group.

It was only after I appeared before this Committee two weeks ago that the Commissioners agreed to amend the regulation in a very limited fashion to indicate that this does not prevent any person from testifying or appearing before a committee of Congress if requested by the committee. This was the wording that they used. And it is our feeling that a lot of the problems out in the field today, as an example, what has occurred in the last week, is because there is no gripe or complaint procedure or suggestion procedure within the Department.