Managing Criminal Justice Organizations

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that apply to personnel practices. Affirmative action is defined as an action or policy favoring those who tend to suffer from discrimination, especially in relation to employment or education; positive discrimination.

The criminal justice manager must establish and publicize agency procedures for reporting in dealing with workplace harassment. Workplace harassment is defined as any unwanted attention or action by someone in the workplace that creates or contributes to an intimidating, hostile, or offensive work environment, including sexual harassment. It is mandatory that an investigation of any complaint will take place while ensuring the protection of the rights of all people involved. If a complaint can be substantiated the agency must take steps to resolve the problem. This can include verbal or written reprimands, suspensions, or termination. Retaliation that is directed towards an employee who has in good faith reported an incident of suspected harassment is prohibited.

When a new employee is hired, they will receive a letter of appointment along with the job description and explanation of the salary and benefits. Typically the salary and benefits are established by the union’s collective bargaining agreement. Benefits can include healthcare, disability coverage, life insurance, and retirement programs for employees. Some agencies provide salary supplements for education, previous experience, and special skills. In addition to salary and benefits employees can be allowed a variety of leave options the most basic of which are: annual leave, sick leave, and sometimes compensation time. Criminal justice agencies are typically a 24-hour, 7-day-a-week operation that requires staffing despite the occurrence of official holidays. When employees must work on holidays they will usually be provided with holiday or overtime pay.

Being that employees of a criminal justice agency hold sensitive positions, it is imperative to establish a policy of conducting thorough background investigations to avoid hiring people with serious employment problems, histories of criminality, substance abuse problems, and those whose debts and history of financial difficulty that could reflect negatively on a performance. Once hired, new employees should have at least one evaluation during their probationary period, and it is good practice to develop a schedule for regular employee evaluations that should be established by the agency and the content of such should be expressed to employees in advance. If an employee becomes involved with substance abuse problems they should be encouraged to seek treatment, and the agency should determine whether such an employee be placed on some type of leave, be suspended, or terminated because of the issue. If an employee is terminated or tenders their resignation, the agency should have a policy in place regarding the payment for any accrued annual leave.

If an employee wishes to resolve workplace concerns with management they should be able to file a grievance or appeal for an unfavorable personnel action without risk of retaliation. A grievance is appropriate when there is an alleged misapplication of agency personnel policies, a violation of employment law, or a violation of a union contract. If there is substance to the grievance the agency should establish a way to resolve the dispute, and after an investigation into the matter, a written determination should be given to the employee by management.

Criminal justice employees are allowed to form associations or unions that can represent them in collective bargaining negotiations with management. The union membership typically votes for a president, vice president, secretary, treasurer, and stewards to represent them in contract negotiations, labor disputes, and disciplinary procedures. If a matter is not resolved between the union and the management the dispute can be sent to arbitration were a neutral third-party will review the claims and render a decision. Depending on the location of the criminal justice agency, there may be laws that allow closed shops (all employees must be members) or open shops (employees have the right to choose whether to participate or not, but usually acquire the same benefits that arise from union negotiations).

It is easy to see why staffing and personnel issues are so important and remain a primary responsibility for criminal justice managers. Staffing and personnel issues occupy a large amount of the criminal justice manager’s time and attention. It is important to be aware of all laws, rules, and regulations when it comes to staffing and personnel procedures. Failure to be attentive to such guidelines could result in legal actions that could be costly to the law enforcement agency, its governing municipality, and for the criminal justice manager, who may end up with a loss of employment if they are proved to be responsible for any wrong-doing. If the rules are followed and the proper policies and procedures are in place, it should lead to a successful strategy for the criminal justice manager and their respective agency when it comes for staffing and personnel issues.