COLUMBIA--Fixing South Carolina's system for
weeding out bad cops could require changing state law to encourage police
agencies to report misconduct and penalize those who cover for wayward
officers, a panel of top law enforcement leaders said Thursday.
The committee, looking to improve the state's system for policing
problem cops, also wants to explore creation of a statewide Internet
database to better track the work histories of South Carolina's roughly
14,000 law enforcement officers.
Panel member Jon Ozmint, state corrections director, said the committee
will need the help of legislators to adopt laws that allow police agencies
to freely share information with one another without fear of lawsuits.
In South Carolina, those agencies are protected only if they provide
that information directly to the state Criminal Justice Academy.
"We have to say to them, 'If you want us to clean up our act, then you
are going to have to give us this protection,' " Ozmint said.
Gov. Mark Sanford appointed the panel in response to The Post and
Courier's series "Tarnished Badges," which detailed how troubled officers
jump from one department to another despite histories of professional
misconduct and criminal behavior.
The ideas discussed Thursday were prompted by a 90-minute presentation
to the panel by state officials from Florida, which is regarded as having
one of the nation's best systems for identifying and disciplining errant
officers. Among the safeguards Florida has in place:
-- Shield laws that protect police agencies and private companies so
they can share background information on applicants for law enforcement
jobs.
"If a guy was caught sleeping on duty 15 times, you can tell them
that," said Terry Baker, a supervisor with the Florida Department of Law
Enforcement. "The guy may not be happy, but there is nothing he can do
about it legally."
-- A requirement that law enforcement agencies investigate all
allegations of misconduct and questions of character involving their
officers. They must then share the findings with the state if the
allegations have merit. In South Carolina, departments have great
discretion over investigations and the results might never be seen by
outsiders.
-- A stringent screening process that goes beyond criminal background
checks, requiring applicants to swear they haven't left previous police
jobs under scrutiny for problem behavior. South Carolina is only beginning
to look beyond obvious red flags, such as felony convictions and other
crimes indicating poor character.
-- An online reporting system for all of Florida's law enforcement
agencies that flags problem cops immediately. In South Carolina, which
still deals mostly in paper forms, an officer can be fired from one
department and hired by another before state officials are even informed.
-- A team of field investigators that has the authority to audit law
enforcement agency's personnel files and review their disciplinary
practices. South Carolina has no field investigators and relies heavily on
whatever information police agencies choose to share.
Vicki Marsey, a bureau chief with the Florida Department of Law
Enforcement, said the state has 899 active discipline cases, representing
about 1 percent of its nearly 82,000 officers.
Baker said the offenses run the gamut, from petty crimes to serious
felonies, but often involve officers simply "being stupid and then lying
about it."
Baker told the story of an officer who got caught pocketing a "Star
Wars" action figure from a store while he was in uniform and with his
cruiser waiting outside. He was arrested on shoplifting charges, and then
compounded the problem by lying about his actions even though the evidence
was clearly stacked against him, Baker said.
The 17-member committee liked some of Florida's ideas but not others.
The union-heavy Sunshine State has a highly structured system that has
several levels of appeal for officers accused of wrongdoing. Panel members
saw the system as cumbersome and disliked some of the punishment
guidelines, which they viewed as weak. For example, officers guilty of
child abuse or stalking might face only a temporary suspension of their
police powers.
Still, the panel seemed in agreement that some tinkering is necessary
to improve South Carolina's system for monitoring its law enforcement
ranks. In particular, the group likes how Florida places more of an onus
on its police chiefs and sheriffs to serve as the gatekeepers of the
profession.
"At the end of the day, this is your person and you are responsible for
reporting their actions to the (state)," said James Schweitzer, director
of South Carolina's Department of Public Safety.