Professional Documents
Culture Documents
Workplace
Violence
Prevention
January 2011
Volume 80
Number 1
United States
Department of Justice
Federal Bureau of Investigation
Washington, DC 20535-0001
Robert S. Mueller III
Director
Contributors’ opinions and statements Features
should not be considered an
endorsement by the FBI for any policy,
program, or service.
The attorney general has determined Workplace Violence Prevention Vigorous prevention programs, timely
that the publication of this periodical
is necessary in the transaction of the
public business required by law. Use
By Stephen J. Romano,
Micòl E. Levi-Minzi, Eugene A.
1 intervention, and appropriate responses
by organizations and their employees
of funds for printing this periodical has will contribute significantly to a safe
been approved by the director of the Rugala, and Vincent B. Van Hasselt
Office of Management and Budget.
and secure work environment.
Editor
John E. Ott
Associate Editors Departments
David W. MacWha
Stephanie Mitesser
Art Director
Stephanie L. Lowe 11 Police Practice 18 Perspective
The Training Division’s
The Child and Family Strategies for Curbing
Outreach and Communications Unit Leadership Exchange Organizational Politics
produces this publication with
assistance from the division’s
National Academy Unit. 16 Safeguard Spotlight 23 Leadership Spotlight
Issues are available online at Responding to a Child Changing Roles
http://www.fbi.gov.
Predator’s Suicide
E-mail Address 32 Bulletin Report
leb@fbiacademy.edu
Reentry Housing Options
Cover Photo
© Thinkstock.com
Workplace Violence W
orkplace violence, a
complex and wide-
Prevention
spread issue, has
received increased attention
from the public, mental health
Readiness and Response experts, and law enforcement
professionals.1 The wide range
By STEPHEN J. ROMANO, M.A., MICÒL E. LEVI-MINZI, M.A., M.S.,
EUGENE A. RUGALA, and VINCENT B. VAN HASSELT, Ph.D. of acts that fall under this rubric
include all violent behavior and
threats of violence, as well as
any conduct that can result in
injury, damage property, induce
a sense of fear, and otherwise
January 2011 / 1
impede the normal course of According to a Bureau of Labor illustrated in figure 1, the right
work.2 Threats, harassment, Statistics report, 518 homicides end of the spectrum consists
intimidation, bullying, stalking, occurred in the workplace in of such acts as overt violence
intimate partner violence, physi- the United States in 2008.5 Most causing physical harm, nonfatal
cal or sexual assaults, and homi- recently, data revealed that 16 assaults with or without weap-
cides fall within this category.3 percent of workplace fatalities ons, and lethal violence. Mov-
Although a handful of high- resulted from assaultive and vio- ing toward the left end of the
profile incidents (e.g., mass lent acts.6 However, this being spectrum, behaviors become less
shootings at a workplace) have said, most workplace homicides physical and more emotional/
led to increased public aware- take place during robberies or psychological. These include
ness, prevalence rates show that related crimes. Finally, consid- disruptive, aggressive, hostile,
nonfatal workplace violence is ering actual reported workplace or emotionally abusive conduct
a more common phenomenon violence, it is estimated that that interrupts the flow of the
than previously believed. For ex- these events cost the American workplace and causes employ-
ample, a Bureau of Justice Sta- workforce approximately $36 ees concern for their personal
tistics Special Report estimated billion dollars per year.7 safety. Bullying, stalking, and
that approximately 1.7 million Recently, two of the authors, threatening appear on this end of
incidents of workplace violence Rugala and Romano, concep- the spectrum. At the far left end
occurred each year between tualized a workplace violence are behaviors of concern. Ac-
1993 and 1999, with simple and spectrum (adapted from the cording to Rugala and Romano
aggravated assaults comprising American Society for Indus- as well as others, individuals do
the largest portion.4 The same trial Security International) as not “snap” and suddenly become
report revealed that 6 percent a means of understanding and violent without an antecedent
of workplace violence involved categorizing crimes that oc- or perceived provocation.9 In-
rape, sexual assault, or homicide. cur within the workplace.8 As stead, the path to violence is an
Mr. Romano, a retired Ms. Levi-Minzi is a doctoral Mr. Rugala, a retired FBI Dr. Van Hasselt is a
FBI special agent, student at the Center for special agent, is with professor of psychology
operates a consulting/ Psychological Studies, Nova the Center for Personal at Nova Southeastern
training firm in Greenville, Southeastern University, in Protection and Safety in University in Fort Lauderdale,
South Carolina. Fort Lauderdale, Florida. Spokane, Washington. Florida, and a police officer
in Plantation, Florida.
January 2011 / 3
experiencing such difficulties Intervention violence, action points should be
include disruptive phone calls Intervention strategies must established as early as possible.
and e-mails, anxiety, poor con- take into account two aspects When an action point has
centration, unexplained bruises of the workplace violence spec- been identified, fellow employ-
or injuries, frequent absences trum: action and flash points. An ees can intervene in a number
and tardiness, use of unplanned action point is the moment when of ways. First, they can talk
personal time, and disruptive an individual recognizes that an with the person and “check in”
visits from current or former employee may be on the path to- to see if everything is all right.
partners. Care must be taken ward committing some type of Allowing people to vent about
when dealing with what can violent act in the workplace and stressful life situations can help
be highly charged situations. subsequently takes action to pre- them release tension.13 This type
Companies may lack the ex- vent it. Action points offer an op- of intervention should be used
pertise to handle these on their portunity for coworkers to inter- cautiously. If the individuals
own and may have to consult vene before a situation becomes display potentially threatening
with experienced professionals. dangerous. Given that human behaviors of concern, vigilant
Finally, all incidents are different behavior is not always predict- coworkers should report these
and must be viewed on their own able and that no absolute way directly to a supervisor. Work-
individual merits. Experience exists to gauge where an indi- ers also can relay information
has shown that no “one size fits vidual may be on the pathway, regarding questionable behav-
all” strategy exists. spectrum, or continuum toward iors to their human resources or
January 2011 / 5
mentally and physically) for the problem. While some may be prepared for a possible work-
worst-case scenario. While no subtle (e.g., verbal outbursts), place violence incident.
foolproof strategy for surviv- others are more obvious (e.g., The third element of the
ing an active-shooting incident gunshots). survival mind-set involves
exists, this type of mind-set has The second component of rehearsing for an event. This
the three components of aware- the survival mind-set, prepara- may include a mental rehearsal
ness, preparation, and rehearsal tion, entails employees becom- or a walk-through of the work-
which can provide a foundation ing stakeholders in their own place to determine possible exit
for survival (see figure 3).14 safety and security. In particular, routes or hiding places. This
Awareness means understand- they must change how they view can help inoculate employees
ing that workplace violence their work environment and shift against the stress of survival,
can impact anyone, in any work to a what-if way of thinking. For reduce their response time, and
setting, and across all levels of example, workers must consider build confidence in their ability
employment. Further, aware- what they would do if an active to survive. This idea is akin to
ness involves knowing the shooter was in the hallway or that of fire drills and role-play-
work environment well enough lobby of their office building. ing, which involve simulations
to recognize when changes oc- These types of scenarios will of real-world situations to teach
cur that may reflect a potential help them plan and be better new behavioral skills.15 Indeed,
practicing responses in advance
Figure 4 - Untrained and Trained Responses produces a more fluid and rapid
response in the event of a real
Incident of Workplace Violence incident.
Responses
Startle and Fear Figure 4 illustrates the dis-
parities in responses between
those who have and those who
have not been trained to deal
Trained Response Untrained Response with these types of stressful
situations. Both groups initially
react by being startled and
Anxious Panic experiencing fear. Then, they
begin to diverge: the untrained
panic, whereas the trained ex-
Recall Disbelief perience controllable anxiety.
From that point on, the trained
group members begin to recall
what they should do next, pre-
Prepare Denial pare, and act. The untrained,
however, experience disbelief
that eventually leads to denial
Commit to Act Helplessness and, ultimately, helplessness.
Knowing how differently the
“
able options constitute the first will prove necessary and likely
steps toward survival. This may mean the difference between life
include evacuating the building; and death.
however, sometimes the only
Situations
alternative is concealment. The Awareness means
process of assessing the situation understanding that Active-shooter and hostage
and evaluating options will cycle situations are equally dangerous;
continuously through the minds
workplace violence both present a high risk for in-
of workers over the course of the can impact anyone, jury or death. However, it is im-
event. in any work setting, perative to know the difference
This type of assessment may and across all levels between them (see figure 5).
of employment.
”
point to the possibility of escape. Ranging from an individual
In that case, employees should to a group, active shooters oper-
leave as quickly as possible, with- ate in close quarters or distant
out seeking approval from others settings, choosing random or
or waiting to collect belongings. specific targets. Hostage takers
Once safe, they should immedi- of casualties when shooting at a also are armed and dangerous
ately contact emergency person- group or cluster of people; there- individuals who may or may
nel. In these situations, phone fore, spreading out will create not use deadly force.17 But, one
lines often become jammed, or confusion and provide fewer tar- main difference is that an active
individuals may think others gets, resulting in fewer victims. shooter may have unrestricted
have contacted authorities when, Another critical action is ongo- access to victims, whereas a
in reality, no one has called for ing communication with fellow hostage taker is restricted either
help. Once connected to an emer- employees. Keeping everyone by choice or the presence of law
gency operator, certain informa- informed of the situation and enforcement. Hostage takers and
tion, if known, should be relayed: helping the injured are important their captives often are contained
description and location of the to surviving an active-shooter in a specific space and surround-
perpetrator, number and types of event. ed by law enforcement until the
weapons used, and an estimate Although escaping or hid- situation is resolved.
of the number of people in the ing from danger are solid sur- Moreover, hostage takers
building. vival strategies, they may not differ in that they subscribe to
January 2011 / 7
Type of Perpetrator Description of Perpetrator
Hostage Taker An armed individual who may or may not use deadly force, has
restricted access to victims, and eventually will be contained
with hostages. This type of perpetrator is motivated in one of
two ways.
1. Substantive: Motivated by things the perpetrator cannot
obtain, including money, social or political change, and escape.
These individuals use hostages as pawns to achieve their goals.
2. Expressive: Motivated by a loss, including job or relation-
ship. These individuals act out of emotion and often behave in
senseless, reckless ways with no clear goals.
Figure 5 - Perpetrators
either substantive or expressive situation. Patience on their identity of the perpetrator. Also,
motives.18 Substantive motives part is essential for survival. their only goal is to neutralize
involve money, material items, Some recommended strategies or stabilize the situation. Police
escape, and social or political include remaining calm, fol- officers are taught that hands
change that hostage takers can- lowing directions, and not being kill. Therefore, it is important
not obtain on their own. Perpe- argumentative or irritating to the for victims to raise their arms,
trators with expressive motives perpetrator. Further, it is critical spread their fingers, and drop
are compensating for a loss (e.g., for captives to find a “neutral to the floor while showing that
end of a relationship or job) and ground” where they are neither they do not have any weapons
appear irrational because their too assertive nor too passive with or intention of harming anyone.
actions are emotionally driven. their captor.20 Finally, once they have made
The motives of hostage takers Although negotiating to end contact with officers, survivors
generally do not include harm- the hostage-taking scenario should relay any information
ing captives because this would is preferable, sometimes law that may help, such as how many
completely change the situation enforcement must neutralize shooters were present, identities
and the consequences.19 Those the perpetrator. Police may use and location of them, and weap-
who operate based on substan- SWAT, active-shooter, or rapid- ons used.
tive motives do not want to harm deployment teams.21 If this is the
their captives because they need case, captives should take certain Conclusion
them as pawns to achieve their actions and avoid others to help Workplace violence is a
goals. law enforcement safely and ef- prevalent and complex prob-
It is important for individuals ficiently resolve the situation. lem. While certain high-profile,
held captive to remember that For example, when responding catastrophic incidents have
it will take law enforcement law enforcement officers arrive, drawn the attention of the media
negotiators time to resolve the they are not initially aware of the and the public, numerous events
January 2011 / 9
Conflict Resolution,” Aggression and in press); and V.B. Van Hasselt and S.J. Negotiation: Current Strategies and Issues in
Violent Behavior: A Review Journal 10 Romano, “Role-Playing: A Vital Tool in High-Risk Conflict Resolution.”
18
(2005): 533-551. Crisis Negotiation Skills Training,” FBI G.W. Noesner and J.T. Dolan, “First
13
R.K. James and B.E. Gilliland, Law Enforcement Bulletin, February 2004, Responder Negotiation Training,” FBI Law En-
Crisis Intervention Strategies, 4th ed. 12-17. forcement Bulletin, August 1992, 1-4; and S.J.
16
(Belmont, CA: Brooks/Cole, 2001). Van Hasselt and Romano, “Role- Romano and E.A. Rugala, Workplace Violence:
14
S.J. Romano and E.A. Rugala, Playing: A Vital Tool in Crisis Negotiation Survival Mind-Set (Spokane, WA: Center for
Workplace Violence: Mind-Set of Aware- Skills Training.” Personal Protection and Safety, 2008).
17 19
ness (Spokane, WA: Center for Personal S.J. Romano and M.F. McMann, Romano and Rugala, Workplace Violence:
Protection and Safety, 2008). eds., U.S. Department of Justice, Federal Survival Mind-Set.
15 20
M.E. Levi-Minzi, S.L. Browning, Bureau of Investigation, Critical Incident Ibid.
21
and V.B. Van Hasselt, “Role-Playing as Response Group, Crisis Negotiation Unit, T.L. Jones, SWAT Leadership and Tacti-
a Measure of Program Effectiveness,” Crisis Negotiations: A Compendium cal Planning: The SWAT Operator’s Guide to
in The Encyclopedia of Peace Psychol- (Quantico, VA, 1997); and Vecchi, Van Law Enforcement (Boulder, CO: Paladin Press,
ogy (New York, NY: Wiley-Blackwell, Hasselt, and Romano, “Crisis (Hostage) 1996).
Wanted:
Notable Speeches
- Pat Summit
January 2011 / 11
While these dual investigations by separate entities families.@4 Participants gain an in-depth under-
both are directed at protecting the child, they have standing of the county=s child and family services
different focuses. Law enforcement departments from point of discovery through assessment, legal
want to make an arrest and remove the threat of the intervention, case management, and treatment.
suspect. Social service agencies strive to protect The program incorporates a detailed examination
the well-being of the child and provide assistance of the system=s strengths and weakness and identi-
to the victim and the family. Complications arise fies techniques for cultivating and advocating for
because children=s service agencies follow state- improved services.
mandated time restrictions for the completion and
reporting of their investigations. However, law Structure
enforcement investigations can continue longer CFLE begins with an orientation luncheon,
before a case decision is made, especially if the which gives class members the opportunity to meet
criminal case depends on one another and learn about
DNA or other forensic tests each other=s job and back-
“
that may take months for ground. A community lead-
completion. The individual ers= reception follows. This
agencies involved do not al- introduces the participants to
ways understand others= time Collaboration and past CFLE graduates, as well
policies and investigative coordination among as local political and business
practices. working partners brings leaders. At the end of the pro-
To provide a mutual un- about information gram, class members partici-
derstanding of the different sharing that makes pate in a graduation ceremony.
roles each organization has in each organization’s A series of individual sessions
the protection of children, the decision making constitute the majority of the
Summit Forum, a collabora- more thorough. 10 months.
”
tion of local private and gov-
ernment officials, developed Individual Sessions
the 1-day Close Up program, The monthly sessions last
included in the county= s mostly 1 day and are grouped
month-long Child Abuse and Family Awareness into common service-provider categories. Prior to
program. Through the interaction of area profes- each session, class members participate in related
sionals, Close Up illustrated the process of service preclass assignments hosted by the agency provid-
delivery to children and families at risk. Drawing ing the upcoming presentation. This gives each
from the success of the 1-day program and the in- participant firsthand experience with the organiza-
terest of other service providers in involving their tion. After each session, class members evaluate
organizations= processes, the Child and Family the day=s activities and the preclass assignments.
Leadership Exchange (CFLE) began. Each year, the executive committee reviews the
past year=s curriculum and suggests ways to im-
THE PROGRAM prove CFLE using these evaluations as a starting
The mission of the 10-month CFLE is Ato point. Recommendations then are reviewed with
promote excellence in leadership among Sum- each session head, and, if necessary, the program
mit County professionals serving children and is changed for the next year.
January 2011 / 13
Family Support Services were helped and what problems they encountered
The objective of this session is to promote during the process.
awareness of the range of resources and services
available in the community. Preclass assignments Leadership and Important Decisions
include visiting the agencies, giving class members During this session, the class travels to the
an opportunity to both observe the organization and state capital and meets with government leaders.
ask questions concerning its operation. Represen- Participants review a proposed law that involves
tatives participating include those from the areas children and families and question the state rep-
of mental retardation and development, housing, resentatives about it. This includes whether they
and health care, as well as the Urban League. At support the law or not and why. If available, the
the suggestion of past class class observes hearings on the
members, participants also bill that they reviewed.
“
include representatives from
the metro transit authority, Close Up and Prevention
Programs
which provides clients with- …working together
out available transportation The last session focuses on
as a team can make an emerging area of concern
a way to get to scheduled the task of providing
appointments. for professionals serving chil-
better service to the dren and families and discusses
Media Relations Day community’s children available programs. Topics
This event brings in and families easier. vary from year to year, and
”
members from the local the answers to the problems
print and broadcast me- are not always what the class
dia. They explain how the expects. It highlights what the
media interacts with com- professionals face in making
munity agencies and keeps decisions that have lasting ef-
the public informed of available services or the fects on the involved individuals and community
lack thereof. Discussions have included the First services. Last year=s topic, date rape, produced
Amendment and the role of the media in the com- many questions and varying viewpoints.
munity. At the end of the session, class members
are Ainterviewed@ by a local TV reporter so they FEEDBACK
can experience the receiving end of the camera. Since the CFLE began, over 375 participants
from 28 agencies have completed the program.
Treatment Services It certainly seems to cultivate excellence among
Follow-up treatment is very important for Summit County professionals and provide a sense
victims. In this session, representatives from the of cooperation among the various organizations.
Child Guidance and Family Solutions and the One attendee said, AMeeting and interacting with
Community Health Center, both based in Akron, others in similar fields provided me with many
explain the services they provide in both group and different perspectives of addressing similar prob-
individual sessions. If available, clients of one of lems.@ Another stated, AI have already used the
the services address the class and explain how they contacts I made in assisting me in my work.@ A
The Bulletin’s
E-mail Address
© Digital Vision
January 2011 / 15
Safeguard Spotlight
January 2011 / 17
Perspective
© Thinkstock.com
“
deceit and chicanery. exist that can help officers
More often, though, avoid becoming personally
workplace politics take the Left unabated, entangled in the political
more subtle forms of mali- such political games web.
cious gossip, rumors, or Long hours at work with
criticism through which the
destroy employee little activity often lead offi-
office politician controls the morale and sap an cers to share many personal
flow of information. For ex- agency’s time and thoughts and ideas. Officers
ample, office politicians may resources. should remember that a co-
”
spread nuggets of bad infor- worker can and likely will
mation that discredit and ruin repeat whatever they say,
the reputation of a coworker, so they should not reveal
or they might exploit the anything sensitive. Also, of-
weaknesses of others to make them appear less ficers should not repeat anything that a coworker
competent. With these tactics, office politicians tells them in confidence as this can and surely will
aim to undermine coworkers whom they perceive cause negative repercussions in the future.
as threats to success. When officers strive for a special assignment,
Employees play political games regardless of promotion, or just a successful, enjoyable career,
their education, intelligence, or position of author- they must rely on personal merit alone. To reach
ity. Intelligent, confident people who will do any- their professional goals, officers need not resort
thing to climb the promotional ladder often adopt to politicking; instead, they should improve them-
such tactics; or, those who perceive themselves selves professionally through higher education,
as less competent may resort to political games to specialized training, and simple hard work. If
compensate for their shortcomings. officers set goals and couple them with appropriate
January 2011 / 19
strategies, they always will outperform those who in the workplace causes long-term complications
rely on political maneuvers. Additionally, if of- when grievances are repeated.
ficers dedicate their time toward their professional
development, they will have less time to worry Approaches for
about the ambitions of others.2 Supervisory Personnel
Officers should not rationalize, either internally Because of their managerial position, supervi-
or externally, any negative behaviors that they ex- sors play a pivotal role in curbing workplace poli-
hibit in pursuit of their goals. Officers might think tics; unfortunately, supervisors may exacerbate the
“everyone does it” or “they did not deserve that problem if they engage in political behavior them-
promotion,” but these are only weak attempts to selves. Supervisors can take steps to minimize
justify improper and even unconscionable behav- political maneuvering in their offices.
ior.3 Humans can rationalize • They should keep an eye
just about anything, but, out for political behavior
in the end, political games not only in others but also
most likely will hurt only the in themselves. Supervisors
player’s career. are only human and, thus,
Officers need to develop may feel tempted to play the
emotional and social intel- political game when they
ligence by building healthy might benefit personally.
relationships at all levels Such behavior, however,
within their organization. will destroy trust and weak-
This opens lines of commu- en employee performance.4
nication and prevents mis- Unfortunately, a political
understandings about the be- web often is so subtle and
haviors and actions of others. complex that it can ensnare
Similarly, officers should pay supervisors before they ever
proper courtesy and respect © Thinkstock.com realize it exists.5 To escape
to all coworkers and not align this trap, supervisors should
with cliques or social groups. Networking, while keep their antenna tuned to both the inter-
important, need not exclude others. nal workings of their agency and their own
When officers make personal complaints, they behavior.
should follow proper procedures and handle them
• Supervisors should pay attention to the infor-
through the appropriate chain of command. Ide- mal leaders and power players among their
ally, officers should express their grievances to subordinates. Officers become leaders not just
a spouse or trusted friend outside of the agency. through formal promotion; certain frontline
Often, however, fellow law enforcement officers officers attract and keep a loyal following
more easily relate to job frustrations because they of peers. If the formal hierarchy acts as the
understand the unique characteristics of police skeleton of an organization, these informal
work. If officers confide in a fellow law enforce- networks function as the central nervous
ment professional, they should carefully choose a system.6 If supervisors want to successfully
select few confidants whom they trust to keep their navigate this political environment, they must
concerns in confidence. If not, unchecked venting keep abreast of the informal power networks
“
• Supervisors should guishing “fires” that
examine how they erupt; they also should
measure success among Supervisors should work closely with per-
their subordinates to en- sonnel on their profes-
examine how they sional development.
sure that their standards measure success among
do not reward political This type of leader-
behavior. If supervi-
their subordinates ship lessens the risk of
sors bestow promotions to ensure that their employees resorting to
and plumb assignments standards do not reward deceptive practices to
based on personal rela- political behavior. accelerate their careers.
”
tionships or favor, then All of these proposed
they encourage a highly strategies to counter of-
political environment. fice politics are mostly
Promotions and desir- informal approaches. At
able assignments only should go to workers times, however, organizational politicking rises
who possess a relevant track record of success to a level that requires more formal action (e.g.,
and the requisite skills for the new position.8 if an employee violates a zero-tolerance policy).
• Similarly, upper-level administrators should In these instances, supervisors should discipline
analyze their agency’s rewards and recognition employees according to their organization’s
process. To ensure fairness and supplant hid- standards, and officers should report misbehav-
den agendas, supervisors should apply objec- ior through the official complaint process. Ad-
tive standards toward their recognition criteria. ditionally, both supervisors and officers should
Law enforcement organizations must design consider using their union, human resources
their recognition process so that supervisors department, or state labor board; each mediates
only reward their employees based on objec- a variety of disputes, complaints, and discrimi-
tive criteria rather than as a personal favor. nation issues.
January 2011 / 21
Conclusion Endnotes
1
Law enforcement organizations must certify Eran Vigoda-Gadot, “Leadership Style, Organizational Politics,
and Employees’ Performance: An Empirical Examination of Two Com-
that their culture, policies, and operations discour- peting Models,” Personnel Review 36, no. 5 (2007): 661-683.
age an excessively political environment—a task, 2
Biagio W. Sciacca, “Don’t Turn Your Back on Organizational
no doubt easier said than done. Agency leaders Politics,” Pennsylvania CPA Journal (Fall 2004).
3
Ibid.
should remember that above all, employees want 4
“Coping with Office Politics,” http://www.bnet.com/article/
their organizations to operate fairly. Objective coping-with-office-politics/57033?tag=mantle_skin;content
standards for assignments and promotions, trans- (accessed November 17, 2010).
5
parent communication, and opportunities for pro- Scott J. Harr and Karen M. Hess, Careers in Criminal Justice and
Related Fields: From Internship to Promotion (Belmont, CA: Wads-
fessional development all foster an environment worth Cengage Learning, 2006).
where political maneuvers do not replace hard 6
David Krackhardt and Jeffrey R. Hanson, “Informal Networks:
work, honesty, and accomplishment. Law enforce- The Company Behind the Chart,” Harvard Business Review, July-
August 1993.
ment officers already have inherently dangerous 7
Louellen Essex and Mitchell Kusy, “Playing the ‘Office Politics’
jobs, and an agency’s internal politics need not Game,” Training + Development, March 2008, 76-79.
cause officers more stress than the conditions on 8
“Coping with Office Politics.”
9
the street. “Coping with Office Politics.”
Changing Roles
January 2011 / 23
Legal Digest
Off-Duty Officers
and Firearms
By MICHAEL J. BULZOMI, J.D.
© Thinkstock.com
P
eople generally recog- expected to provide a calming 2004 (LEOSA) allows officers
nize law enforcement presence. This is true when they to carry concealed weapons not
officers by their marked are on duty, but does this extend only in their jurisdictions but in
cruisers and uniforms, which to off-duty hours when there are all 50 states, and the territories
include the display of symbols no outward signs of authority? of the United States, provided
of authority—a badge and a The U.S. Congress has certain conditions are met.1 This
gun. The public expects officers determined that in a post-9/11 article will explore LEOSA,
to be comfortable carrying a world, the public is better address federal statutory limita-
sidearm and to exercise preci- served when off-duty officers tions regarding firearms pos-
sion and sound judgment when are in a position to effectively session, and summarize a short
using it. Officers are respon- respond in the face of a threat. legal history of the Second
sible for ensuring the safety and To this end, the Law Enforce- Amendment concerning the
protection of citizens and, thus, ment Officers Safety Act of right to bear arms.2
“
“obvious purpose was to assure
the continuation and render pos-
sible the effectiveness of mili- …law enforcement
tia forces.”7 The Court further officers retain
stated that only weapons with a their identity, training,
“reasonable relationship to the experience, and dedication
preservation or efficiency of a to the safety and welfare of
well regulated militia” would the community regardless
come under the Second Amend- of whether they are
on duty….
”
ment definition of arms.8 Ex-
plaining that the militia meant
“all males physically capable
of acting in concert for the Special Agent Bulzomi is a legal instructor at the FBI Academy.
common defense,” the Court
January 2011 / 25
entire class of firearms essen- Amendments to the U.S. Con- deeply rooted in the nation’s
tially serving as Americans’ stitution. The plaintiffs contend- history and tradition. As such,
first choice for self-defense ed that the Court’s decision in it is a “central component” to
of “the home, where the need Heller14 should be applied to the the Second Amendment right
for defense of self, family, and states through the Fourteenth to bear arms to include the
property is most acute” is an Amendment’s Due Process protection of one’s home, self,
impermissible infringement Clause—interpreted by the family, and property, a right
upon one’s right to keep and Supreme Court as allowing the protected from infringement by
bear arms.11 The Court clari- Court to incorporate provisions the federal government, as well
fied, however, that this right of the Bill of Rights and apply as from the states. The Court re-
is not absolute. Further, the them to the states. According to versed the court of appeals and
Court provided a nonexhaustive the Court, the issue is “whether remanded the case for further
list of “presumptively lawful the particular Bill of Rights proceedings.
“
regulatory measures,” including Today, not only police of-
restricting felons and mentally ficers but virtually all Ameri-
ill persons from possessing cans may possess a handgun
firearms, restricting the car- for home protection. As noted
rying of firearms into schools in Heller,18 this may be limited
and government buildings, and as a result of reasonable restric-
imposing conditions or quali-
LEOSA applies tions, such as mental instabil-
fications concerning the sale to qualified active ity and felony convictions. In
of commercial firearms.12 The duty and retired addition, local and state restric-
Court concluded by ordering the officers. tions concerning the storage and
”
District of Columbia to allow number of handguns still may
Heller to register his handgun be lawful. However, any restric-
and to issue him a license to tions that appear so restrictive
carry it in his home. as to circumvent this individual
As the District of Columbia right to bear arms likely will be
is a federal enclave and not a guarantee is fundamental to our deemed unconstitutional.
state, the decision only impacts scheme of ordered liberty and
the federal government. Howev- system of justice”15 or, in other FEDERAL STATUTES
er, this past term in McDonald words, “deeply rooted in this In 1968, Congress enacted
v. City of Chicago,13 the Su- Nation’s history and tradition.”16 the Federal Gun Control Act,19
preme Court addressed the role The Court stated that its deci- prohibiting convicted felons
of the Second Amendment with sion in Heller17 was clear on from possessing a firearm.
respect to state gun control. this point. Since the passage of this act,
In McDonald, the ban on Self-defense is a basic right Congress has enacted additional
handguns by the city of Chicago recognized by various legal pieces of legislation to further
and one of its suburbs, the systems throughout the ages. restrict firearm possession. Two
Village of Oak Park, Illinois, More important, individual self- of these acts in particular—the
was challenged as violating defense is a fundamental right Lautenberg Amendment20 and
the Second and Fourteenth from an American perspective, the Brady Handgun Violence
January 2011 / 27
current or former spouse or in agency, or political subdivision LEOSA already was recognized
some way related to the defen- thereof or for military training among a number of states. 31
dant. The Court stated, “but that or competitions.”29 The extent That is, law enforcement offi-
relationship, while it must be of this exception and whether it cers retain their identity, train-
established, need not be de- applies to individuals has yet to ing, experience, and dedication
nominated as an element of the be fully determined. As with the to the safety and welfare of
predicate offense.”27 prohibited-possessor status cre- the community regardless of
Aside from the obvious ated by the Lautenberg Amend- whether they are on duty in
suitability issues raised by the ment, the provision in the Brady their employer’s jurisdiction,
underlying conduct engaged statute also could impact the going home to another com-
in by the applicant or officer, ability of an officer to carry a munity, or merely traveling for
which should be considered by firearm. leisure purposes. However, the
“
the agency, Hayes may impact act creates a limited privilege
hiring and retaining officers to carry concealed weapons for
by law enforcement agencies. law enforcement officers, not a
For example, if a misdemeanor right to bear arms.
conviction pertaining to a crime LEOSA allows Qualification
of violence surfaces during the qualified officers to Under LEOSA
investigation, the department protect themselves,
must determine whether the LEOSA applies to qualified
crime involved someone who
their families, and active duty and retired offi-
had a domestic relationship with the community by cers.32 Qualification under LEO-
the applicant or officer. being armed while SA requires employment by or
off duty.
”
retirement from a local, state, or
The Brady Handgun federal law enforcement agency
Violence Prevention Act as someone charged with the
The Brady Handgun ability to investigate, prosecute,
Violence Prevention Act also and arrest people for viola-
creates a prohibited-possessor LAW ENFORCEMENT tions of law.33 If an agency has
status upon a finding based on OFFICERS SAFETY firearms proficiency standards,
reasonable cause to believe, ACT OF 2004 the officer must meet them to
after a hearing with notice and On July 22, 2004, President qualify to carry under this act.34
an opportunity to participate, George W. Bush signed into law The statute also prohibits car-
that an individual is a “cred- H.R. 218, the Law Enforcement rying firearms when under the
ible threat” to the safety of Officers Safety Act (LEOSA),30 influence of alcohol or any in-
an intimate partner or child.28 which created a general nation- toxicating or hallucinatory sub-
An exception to the act exists wide recognition that the public stance.35 If a current or retired
whereby the prohibited pos- is better served by allowing law officer is prohibited by federal
sessor status does not extend enforcement officers to carry law from possessing a firearm,
to the “United States or any their firearms outside of their ju- they are not qualified to carry
department or agency thereof risdictions whether they are on one under this legislation.36 It
or any state or department, or off duty. The theory behind also is important to note that if
January 2011 / 29
as amusement parks. Nor does policies. Some agencies have subject to reasonable restric-
the act circumvent any state continued to enforce such tions. LEOSA, as noted above,
laws prohibiting carrying policies. Arguably, because does not confer a right to bear
concealed weapons on state or LEOSA explicitly overrides arms. The act merely confers
local government property.48 state law provisions (except a limited immunity from state
Possible examples would be those addressing state facilities and local laws dealing with
courthouses, schools, or parks. and property), and the head of concealed firearms and does
an executive agency is given not supersede any federal laws
Federal Limitations power by way of state law, or regulations. Some jurisdic-
on Carrying in Certain it would appear that LEOSA tions outlaw the open display
Locations would override off duty restric- and carrying of firearms; how-
Federal laws or regulations tion policies. However, agencies ever, LEOSA does not allow
are not superseded by LEOSA. with such a policy and officers officers to carry firearms other
“
Qualified officers may not car- than concealed. The authoriza-
ry concealed weapons onto air- tion to carry concealed is not
craft under the act. They also accompanied by any grant of
cannot carry firearms into fed- extraterritorial arrest powers.
eral buildings or onto federal Qualified officers must be aware
property. However, in Febru- The authorization of the laws of the state in which
ary 2010, a federal statute took to carry concealed they are carrying concealed
effect authorizing individuals is not accompanied weapons, satisfy qualification
to carry concealed weapons by any grant of standards, and carry proper
into national parks if they extraterritorial arrest identification.
have complied with the carry powers. The world changed on
”
concealed rules of the state or September 11, 2001. Through
states in which the park is lo- LEOSA, Congress reacted to
cated.49 Of course, this federal this new age of terrorism, ac-
statute will not change the fact cepting the fact that America
that it is unlawful to carry a never has faced a greater need
firearm into federal buildings, working within these agencies to have additional watchful
even in a national park.50 This should seek guidance and eyes on the streets of its cit-
would include facilities, such clarification in regard to the ies, towns, and rural areas.
as visitor’s centers, museums, legality of such policies. These eyes possess the training,
and restrooms. skills, and resources neces-
CONCLUSION sary to stop rapidly evolving
Internal Policies In recent opinions, the U.S. situations before they become
It is unclear whether Supreme Court has clarified disasters. They also provide an
LEOSA overrides an agency’s what previously was unclear instantaneous, no-cost benefit
ability to limit an officer’s for hundreds of years, that the to the country by simply allow-
authority to carry a personally Second Amendment does confer ing trustworthy officers to carry
owned handgun off duty as a right to bear arms for purposes concealed weapons while off
part of off-duty restriction of self-defense in the home, duty.
January 2011 / 31
Bulletin Report
Official Business
Penalty for Private Use $300
Patch Call
The Estes Park, Colorado, Police Department The patch of the Dixon, Illinois, Police De-
patch highlights the town’s location as the gate- partment represents several aspects of the town’s
way to the 265,000–acre Rocky Mountain Na- history. Across the top, a white arch symbolizes
tional Park. Each summer the park receives over 3 Dixon’s War Memorial Arch, and white letters
million visitors who tour the majestic and rugged state the town’s founding year of 1830. The patch’s
mountain peaks and valleys. The patch features border proudly highlights Dixon as the hometown
one of the area’s most abundant wildlife species, of 40th President Ronald Reagan. Finally, the cen-
the 5-point bull elk, with snow-capped Rocky ter graphics display the American and Illinois State
Mountains in the background and the Colorado flags beneath the bald eagle, honoring the state and
State seal in the foreground. nation that the department serves.