"Remember now and always that the office of constable is held by you as a public trust, and that the uniform you wear and the commission you carry are symbols of public faith. If you dishonour, disgrace or disregard the faith placed in your office you become more dangerous than any criminal you will ever confront. When the public cannot trust individual police officers or the police institution to operate within the law, confidence in the justice system is undermined and the very foundations of our democratic society are threatened."

Recent isolated cases of breaches of ethical conduct on the part of individual officers or groups of officers may or may not indicate a predicament or crisis for the Police. Perversely, a crisis can be an ideal platform to launch change. However, a change in the Police management of ethics must be tempered by the reality of the pace and variety of change which is already taking place. Any deep-seated cultural change may require more than simply treating this process as a mere 'project or an 'instant fix'.

A case for change in the Police ethics management can be made on several fronts:

1. First, evidence of 'up front' management to restore ethical behaviour as a high profile necessity will enhance the reputation of police, instill pride in its staff and improve public trust and confidence. Such improvements go to the heart of the legitimacy of police strategy through policing by consent. That consent impacts on everyday operational matters such as the preparedness of victims to report crime, witnesses to come forward and furies to believe the police.
   
2. Second, a high ethical profile attracts ant retains good staff. The recent organizational culture survey provides a mandate for Police leaders to act; for example staff report low trust and morale which in turn can affect integrity.
   
3. Third, the Police Service would be able to rely on its reputation for ethical behaviour to remain competitive in bidding for public funding against a wide range of competing 'private' police functions, and to retain core functions such as making decisions to prosecute and conduct prosecutions.
   
4. Finally, marketing the police as highly ethical puts pressure on its staff to provide quality and excellence, which raises customer and internal corporate expectations.

This paper will argue that it is not appropriate for the Police simply to react to ethical problems; it must begin a proactive problem solving approach to the management of ethics by:

• establishing shared ethical standards of behaviour for all staff;
• developing ways of ensuring people in the Police act in accordance with those standards; and
• showing a willingness to learn from outs mistakes.

The paper therefore argues that formal management control systems such as a Code of Ethics, formal whistle-blowing policy, establishment of and Ethics Committee, reward systems, promotion selection processes and employment conditions should have ethics woven into them to ensure greater focus on ethical issues. It also argues that 'social control' mechanisms, development of shared values, staff participation and formalized group discussion of ethical dilemmas should be utilized to first change and then support ethical behaviour.

The development of the study of ethics has influenced society and affects modern policing. Ethics define "character," or "custom" within society and organizations such as the Police. Tweed (1989), found that if a group is 'professional' (as the Police so often describes itself), then it has an obligation to guide the conduct of its members. Mahoney (1994) noted that one way of summing up the concern and content of modern business ethics is that

"....it is the study and evaluation of the power possessed by businesses throughout society and the ways in which businesses acquire, retain, and exercise that power."

If organizations such as Police were in the process of receiving from society a changing social mandate, this seemed to point to 2 conclusions:

1. Police should be willing to discuss ethical issues in explicit and systematic terms ant to engage in public rational debate of such issues.
   
2. Police should not simply accept the agenda for such debate from society.

Harvey (1995) presented a significant current British case of the application of an ethical approach -to banking practice.

"What slowly evolved was an ethical banking strategy which built on the bank's differences from the others, and which benefited from an opportunity which was being ignored by them."

It made public statements based on identifying "What we stand for" and "What we won't stand for",while recognizing that "nobody's perfect".

New Zealand's public sector (Hicks, 1994) is provided guidance which is directly relevant to ethical management in the Police:

• Chief Executives must, in return for their powers and autonomy, account to their Minister and through their Responsible Minister to Parliament for the custodianship ant management of public resources, and the exercise of their powers, and be answerable for their actions to their employer, according to State Service" Commission Sidelines.
  
• Accountability is the obligation to demonstrate continued official trustworthiness in a position of responsibility. It is an obligation by police officers to their superiors. It implies a duty to answer; to report how authority, power and discretion is exercised.

In addition, Section 3 of the Police Act 1958 provides that the Commissioner of Police shall have the general control of the Police Service, and pursuant to Section 7 of that Act, he is required generally to follow the provisions of Section 56 of the State Sector Act 1988. Section requires that each Chief Executive of a department "shall ensure that all employees maintain proper standards of integrity, conduct and concern for the public interest".

Police activities often involve conflict based on reason, morality and the 'public interest'. Difficult individual convicts arise for police officers when the 'boundaries' of morality are pushed. Such convicts tend to highlight differences between the individual choice and conformity to accepted habits. In a negative sense, peer pressure determines whether someone acts outside an expected role.

The Police therefore are placed in a difficult situation in determining what ethical behaviour is, or should be, for themselves. Any debate on the subject must be managed, from within and outside Police if it is to be productive. It must focus on the practical daily issues confronting staff, such as the exercise of discretion.

The paradox of discretion (those called on most to exercise it are those least equipped with experience and knowledge to do so, compared with other staff) places much pressure on the units of the Police closest to the front-line. The constable is influenced by police culture in decisions made, actions taken and behaviour exhibited.

The Oath of Office, is a form of ethical declaration which contains powerful cues for behaviour:

" I do swear that I will we/1 and truly serve our Sovereign Lady the Queen in the Police, without favour or affection, malice or ill-will, until I am legally discharged; that I will see and cause Her Majesty's peace to be kept and preserved; and I will prevent to the best of my power all offences against the peace; and that while I continue to hold the said office I will to the best of my skill and knowledge discharge all the duties thereof faithfully according to law. So help me God."

"When the need to enforce the law conflicts with the need to preserve the peace, the law shall be enforced only if, or to the extent that, it is in the public interest to do so."

Glanakis (1994) drew attention to the fact that officers are the primary and direct providers of law enforcement who often make discretionary, on-the-spot decisions that directly determine the quality and nature of the services they provide. He explored the need for clear policy goals in the law enforcement area.

Of the Police wish to impact on discretion and improve service, policy goals must not only be clear in their message, they must be understood and accepted by the police culture.

The 'stated' values of Police, established in 1992, also act as a guide to behaviour. They hold that the Police will:

• maintain the highest level of integrity and professionalism;
• uphold the rule of law;
• consult with, and be responsive to, the needs of the community;
• respect individual rights an freedoms;
• consult with, and be responsible to, the needs, welfare and aspirations of all Police staff; and
• be culturally sensitive.

It is perhaps significant to note that while there is an extensive 'code of conduct' for all nonsworn Police staff, which is a very detailed and comprehensive document outlining expected behaviour, no such document exists for sworn staff, except in regulations.

This suggests the Police may be content to rely on regulations and instructions to provide guidance for behaviour of sworn stark The problem with that approach is that it reinforces a 'reactive' management style which deals with problems as they occur, but does little, if anything, to prevent problems occurring in the first place. Evidence of an inability Or Police to become proactive in this area comes from the PCA itself.

Although New Zealand has advanced towards a more transparent process of handling complaints, according to the PCA, (1996), civilian oversight of Police has not yet had a real impact. Police, in the words of the Authority:

" ..... are not yet prepared of their own volition to take the results of complaints against themselves for misconduct ant neglect of duty, and investigations of incidents, as a resource for education and management of the service. Accumulated knowledge and experience is not used in its entirety, but is rather spread individually to each case, therefore dissipating a sources of energy in quality management control. There is not yet a true shared responsibility towards a better police service."

This could be seen to highlight an apparent contradiction between the requirements from the police leaders Or staff to become more 'proactive', and their own actions in not appearing to be proactively managing the issue of ethics.

Taken in its entirety, the current Police position seems to be to 'swear in' constables with a ritualistic and symbolic oath, passively publish its 'values', give staff minimal exposure to training on ethics and then let the 'subculture' determine its own ethical standards, relying on the deterrent effect of rules and regulations and the interpretation of supervisors and peers to influence behaviour.

The Commissioner and Deputy Commissioner have both publicly declared that a tough line will be taken - 'the strong arm of the law' will fall on offending staff; a response to being besieged by unsavoury incidents involving officers who exhibited en 'unbelievable lack of judgement'.

While such a response may have been timely and appropriate, it is probably time for the leadership of the Police to Eke a good hard look at the dynamics behind these events.

A 'problem solving' approach, derived from COP would see leaders adopt a proactive operating style in managing ethics to:

• scan districts for persistent or Erring problems;
• analyze all factors associated with the problems to identify the underlying causes;
• implement a range of appropriate responses, not limited solely to enforcement of regulations; and
• establish problem solving as a standard operating procedure for all managers.

'Full trust and confidence' is a key element of the consent necessary for the Police to operate in its communities. Given that such an indicator reflects Police credibility, it is a matter of some concern that levels of full trust and confidence have fallen from above 60% in 1975 to below 30% in 1995.

Taken alone, such a result might seem to indicate a lack of consent. However, other indicators can provide a more complete picture. Also, dynamics other than 'unethical' behaviour may account for the drop in trust and confidence. To be meaningful, such indicators need to be compared with data related to all centralized 'institutions of society', where the trend of falling confidence is steady, in favour of community or local authority and control.

Exhibit Two - Heylen poll of trust and confidence in the Police

However 'trust and confidence' is measured, is clear that the Police have been exposed to an unusually high number of cases which indicate departures from expected standards of behaviours.

The public and media now have a greater ability and in some cases willingness to expose such deviance, so a key test for Police leaders is whether or not to endorse further efforts to make Police behaviour more transparent.

While a temptation to simply implant a 'code of ethics' may appear to be a reasonable first reaction, a much more serious analysis is required.

Ethical behaviour can be improved by open discussions of ethical dilemmas, involvement of staff in decision-making, role clarity and strong leadership. It is necessary to identify and overcome any strong subculture influences, such as those evident in the organizational culture survey results.

The results of that survey indicates that the New Zealand Police culture is likely to support the negative features of other similar police organizations, including respect for power and authority, secrecy, loyalty (even to the extent of compromise in some cases), a propensity--to stereotype people, political conservatism and a broad cynicism rationalized in terms of knowing the real world and 'what the score is'.

One of the more pervasive and destructive elements of police culture is a 'code of silence' which, when it exists, may be strong enough to force officers to prefer perjury than to violate the code. This can have the effect of protecting the corrupt; silence on the part of the honest providing the protection.

Myths which permeate the 'professional crime fighting model' may also need to be 'put to bed' if a sustainable change in police culture is to occur.

As an example, Sparrow et al (1990) found that the 'professional, dedicated crime-fighting' image is preserved through a set of myths. While not immune to change, they are extremely strong and their influence should not be underestimated. The building blocks' or 'truths officers feel in their bones' which govern behaviour and attitudes include beliefs that:

• Police are the only real crime fighters;
• No one else understands the real nature of police work;
• Loyalty to colleagues counts above all else;
• It is impossible to win the war against crime without bending the rules;
• Members of the public are basically unsupportive and unreasonably demanding; and
• Patrol work 'is the pits'.

At their worst, these beliefs encourage and legitimize insensitive, unproductive and even illegal behaviour. At best they promote organizational insularity, introspection and detachment.

It is possible to read into the COP philosophy challenges to all of these myths, which assist change.

It is important to also observe that strong organizational cultures, even those which once made an organization successful, can be a powerful obstacle to change, according to Kotter and Heskett (1992). It needs to be noted, of course that the Police does have many strongly positive cultural values. However, too strong a culture can lead to corporate arrogance and insularity.

Any necessary change process will be assisted by open communication, conduits to make complaints, reinforcement of desired behaviour through performance and reward systems, and recognizing the distraction of internal politics. For example, Nadler and Lawler (1987) suggested that reward systems should be designed to influence behaviour.

To motivate performance, important rewards must be able to be given and varied depending upon performance. The participant's input can validate measurement and the importance of the reward.

Reliance on formal systems alone is not sufficient for enduring change to occur. Rules, rewards and punishment can never be substitutes for personal responsibility, which is a vital element of ethics in policing, given the high level of discretion inherent in daily operations.

Police staff are faced with ethical dilemmas in many situations. Pollock and Becker (1996) classify some of the major areas:

• Discretion provides the power to males a choice which sometimes conflicts with official policy,
• Duty raises issues concerning obligation to act in an official capacity and to help those in need,
• Honesty raises issues concerning self-enrichment or the avoidance of consequences of their own wrong-doing or mistakes,
• Loyalty imposes pressure on making decisions when confronted with wrong doing of peers,
• Receipt of gratuities and gifts may imply a need to reciprocate by 'turning a blind eye' to illegal conduct on the part of those who offer them.

To overcome such confusion, they advocate the application of ethical frameworks to dilemmas identified in group discussions with Police peers in regular structured sessions. This option will be explored later. They observe that there may be more than one 'correct' way of resolving such dilemmas and more than one way to arrive at the same resolution. Agreeing on values is a useful first step.

Desired values, including ethical standards, in support of an organizational culture need to tee 'defined and made real' according to McDonald and Gandz (1992). Often real lasting change in values occurs through revolution, such as a major crisis, not through normal evolution.

Critical success factors for this type of major change include the need to capture the attention of staff (often described as 'moments of truth', or 'defining' moments such as symbolic acts of public humiliation of offenders) so remaining staff pay serious attention to the required changes, accompanied by committed leaders who remain long enough to fulfill the promises of the change.

Zaleznik (1993) found that leadership should focus on ideas, people, emotions and direct tally to bring out the wealth of talent each employee possesses, manage ideas, inspire commitment, develop self esteem, and instill personal vision and a sense of self.

Manz and Sims (1991) noted the most appropriate leader is one who can lead others to lead themselves because true leadership comes from within.

This suggests that once the Police sets guidelines and procedures to monitor and encourage personal responsibility making the 'right' choices and decisions, ethical behaviour will become a strong force.

A critical element in change of this type is participation and visibility by police staff at all levels, recognizing the power of people working together to identify and solve issues, dilemmas and problems. Such an approach will significantly move from the current reactive style to proactive problem solving. However it may not be easy.

Team cohesiveness is a key component of the Police culture. Police learn a great deal 'on the Job', and socialization into teams involves a process of learning new norms and values that can be both positive and negative.

A challenge for the Police is to identify and change any undesirable values which may affect ethical behaviour within the organization. This can be done. For example, by 1996, 91% of officers supported the 'pro-arrest family violence policy, and 94% supported arrest for breach of protection orders, according to Schollum (1996), although it is acknowledged that recent judicial criticism of the rigid nature of the policy may have 'dented' the support.

Changing informal police culture by an 'attack' through redefining the Police mandate and instituting new forms of accountability was advocated by Reiner (1992). He argued that key changes must be in the informal culture of the Police; their practical working rules.

A possibly more acceptable method is a 'social control' model, such as that advocated by Tushman and O'Reilly (1996). This advocates clear and consistent signals from executive leaders to promote values which aid in the achievement of strategy and not tolerating those which hinder it. Control in this sense comes from the knowledge that someone who matters is paying close attention to what we do and will tell us how we are doing.

Because culture is shaped through norms which affect behaviour, leaders can use several levers to influence social control:

• participation and involvement provides people with an opportunity to visibly commit themselves to standards. The public commitment ensures the commitment is important, a point of no return is reached and an 'investment' is made;
  
• management behaviour itself provides vivid messages about what attitudes and behaviour are important. Symbolic acts, consistency and repetition are more meaningful than formal statements.
  
• comprehensive reward and recognition systems encourage the 'right' behaviour if they are aligned to strategic goals, are able to be understood, do not focus entirely on financial rewards, give quick recognition and small infrequent rewards and are not merely routine. The essence of social control in this context is that people learn unlatching and learning from the success of others.

The culture of an organisation can be shaped by the participation of people in ways that lead them to feel responsible for their actions.. There are three characteristics of participation that lead people towards increasing commitment

• Commitment through choice. Involving police officers in the implementation of ethical standards of behaviour can make fellow officers feel a sense of responsibility for making the right choice and living with the consequences. Officers, cannot then blame superior officers or management for the unethical behaviour of other officers.

• Commitment through visibility. Making choices that can be witnessed by others who matter, is a strong method of promoting commitment. The psychological reason for this is to capitalize on the commitment that can result from making choices publicly.

• Commitment through irrevocability. A sense that some line has been crossed is also a strong method of promoting commitment. This provides" the sense that at some point in the decision process, a choice made by a police officer is final and irrevocable.

A training method developed in the Netherlands achieves the participation and visible commitment outlined above through a five step process outlined below (van Luijk, 1996).

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Kotter I ant Heskett J (1992) Corporate Culture and Performance, Free Press, USA.

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Schollum M, (1996) Police Officers' Response To The Family Violence Policy In New Zealand, Institute of Criminology, University of Cambridge.

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