Liability comes in many forms for law enforcement agencies, including the risk of police officers harming others in the course of their duties. This makes careful and appropriate hiring a critical task for police departments, even in an era where officer recruitment has grown more difficult. After an officer is hired, proper and thorough training plays a key role in preventing dangerous situations and liability.
In a case where a police officer has injured a person, a court could find that the law enforcement agency knew, or should have known, specifics about the officer’s background that would indicate the officer had a dangerous or untrustworthy character. A court can use this finding to hold the employing municipality liable.
Act 218 took effect in 2023, requiring all law enforcement agencies to adopt and implement a set of minimum operating standards, including standards for hiring practices. The Municipal Association’s Risk Management Services drafted model policies for each of the legally-required standards.
The model policy for hiring addresses these points:
Qualifications – This includes a high school diploma or its equivalent, and documentation that the candidate is at least 21 years old, as required by state law.
A successful fitness test – This would use standards set by the department and administered by a certified fitness instructor, and would be followed by obtaining a medical history and a medical exam.
Background check items – As part of the application, this policy requires an affidavit indicating whether the candidate has ever been the subject of a domestic restraining or protective order, and whether they have ever been convicted of a domestic-violence-related offense. The policy requires that the candidate has never been convicted of a felony or convicted of a criminal offense that involves moral turpitude. The background check would also determine whether the candidate is “of good character” and has a good credit history. The candidate’s fingerprints would be checked against the records of the FBI and the SC Law Enforcement Division. The check would also include contacting law enforcement agencies in places the candidate has lived, a database search to determine whether the officer has ever been decertified, and a call to the SC Criminal Justice Academy. The process would include an interview of past employers when possible.
A polygraph test – This policy specifies that a polygraph test would be conducted by a licensed examiner.
An objective interview – This would use standardized questions.
The policy states that any evidence obtained at any point showing that “the candidate has a propensity to engage in conduct that could harm a member of the public” would be considered disqualifying.
While strong department policies and procedures can help to guard against bad policing outcomes, there can be no replacement for careful training of officers and tests to make sure they have a full comprehension of the law and what is expected of them. A police department facing an excessive force allegation should be able to show documentation of the date that an officer received training.
The Municipal Association’s Risk Management Services provides a law enforcement hiring process and other policies and training resources for its member departments. Find more information about SCMIT and SCMIRF online.