A Handbook for Psychological Fitness-for-Duty Evaluations in Law Enforcement

by Cary D. Rostow, Robert D. Davis

Overview

While some books about police psychology contain a chapter on the fitness-for-duty question, this is the first comprehensive publication focused exclusively on psychological fitness-for-duty evaluations (FFDEs) for law enforcement personnel. This handbook is ideal for professionals and for coursework designed to prepare individuals for careers as police or municipal officials, psychologists, students, behavioral science specialists, human rights advocates, and attorneys. A helpful glossary makes the book even more useful for students and those who do not have extensive academic or formal training in psychology or public administration.

A Handbook for Psychological Fitness-for-Duty Evaluations in Law Enforcement describes in detail the mechanics of setting up a fitness-for-duty methodology and examines the effectiveness of FFDEs in law enforcement. You’ll find clear instructions for developing a FFDE system from the law enforcement executive’s viewpoint (valuable for attorneys, police psychologists, and civil service board members as well), and an extensive bibliography with particular emphasis on laws and cases that provide guidance to psychological and law enforcement professionals. Several appendices provide examples of documentation that can be used in the evaluation process.

This book brings you reliable information on:

• legal precedents, with a review of legal cases (in language appropriate for law enforcement executives and psychologists)
• the interaction between police culture, psychological assessment, and therapy
• federal laws that impact FFDEs, including the HIPAA, the Americans with Disabilities Act, the Family Medical Leave Act and the Fair Credit Reporting Act
• case law and FFDEs, with emphasis on civil rights laws, labor issues, professional ethical dilemmas, and the psychologist as a potential expert witness
• the proper uses—and the misuses—of the FFDE approach
• police departmental civil liability and the role that the FFDE plays in addressing legal risks

In addition, this book contains a succinct review of psychological testing (psychometrics), and the technicalities of employing a professional psychologist to determine the fitness of commissioned officers. A Handbook for Psychological Fitness-for-Duty Evaluations in Law Enforcement proposes a model law that could be used to improve the utility and effectiveness of FFDEs, and presents a forward-looking discussion of FFDE issues that may become controversial in the near future.

Product Details

ISBN-13:	9780789023964
Publisher:	Taylor & Francis
Publication date:	07/28/2004
Pages:	314
Product dimensions:	6.12(w) x 8.50(h) x (d)

About the Author

Cary D. Rostow, Robert D. Davis

Table of Contents

Preface and Acknowledgments

SECTION I: THE HISTORY AND DEVELOPMENT OF POLICE PSYCHOLOGY

Chapter 1. Law Enforcement Agencies and Police Psychology
American Policing
The First American Police Reform Movement
The Second American Police Reform Movement
The Third American Police Reform Movement
U.S. Police Structures
Early Police Psychological Testing
Development of Professional Police Psychology and EAPs
Some Contemporary Issues in Policing

Chapter 2. Police Culture and Assessment/Therapy Issues
Culture
Police-Specific Psychological Assessment, Treatment, and EAP
Special Issues of Psychotherapy in Police Settings
Mental Health Programs

Chapter 3. Law Enforcement Liability and Police Psychology
The Civil Rights Act of 1871
Municipal Liability
Case Law
Failure to Discipline
Expert Testimony by the FFDE Provider
Duty to Warn
Liability for the Certifying Provider
The Right to Offer Opinion of Mental Health Before Employment

SECTION II: THE MECHANICS OF THE FITNESS-FOR-DUTY EVALUATION METHODOLOGY

Chapter 4. Usefulness of Fitness-for-Duty Evaluations in Law Enforcement
Agencies
The Case of Officer Bob
The Law Enforcement Executives’ Choices
The FFDE Option

Chapter 5. Defining the Fitness-for-Duty Evaluation
Who May Offer the FFDE Service?
Positive Risk
Negative Risk

Chapter 6. Developing a Fitness-for-Duty Evaluation System
Friend of the Chief
General FFDE Goals
Administrative Conflict of Interest

Chapter 7. Forms and Styles for the Fitness-for-Duty Evaluation in Law
Enforcement
Officer Instructions
Officer Personal Information
Directions for an FFDE Appearance
Third-Party Observations
Electronic Recordings
Copy of the Report
Defamation
Misrepresentation on FFDEs
Résumé Fraud and Free Speech
FFDE Confidentiality in Court Actions
Administrative Forms of FFDEs: Internal and External Providers
Are FFDEs Mandatory?
Lybarger Admonishment
Insubordination

Chapter 8. Assessment: Methods and Procedures
Processing the Officer into the FFDE Setting
Explaining the Nature of All Self-Report Materials
Ending the FFDE Contact with the Officer
Immediate LE Executive Feedback
The Minimum Necessary Rule
Independent Treatment Review Service
Psychology and Law Enforcement Personnel Methods
Cognitive Testing and FFDEs
Introduction to Statistical Considerations for Police Executives
Predictive Validity
Clinical, Forensic, and Fitness-for-Duty Evaluations

Chapter 9. Fitness-for-Duty Report Recommendations
Special Records Section
Postevaluation Outcome Assessment and Distortion
Postassessment Treatment Recommendations
FFDE Provider Recommendations
Release of Records to Third Parties

SECTION III: FORENSIC ISSUES IN FITNESS-FOR-DUTY EVALUATIONS

Chapter 10. Expert Witnesses and the Defense of Selection/Fitness Decisions
The Case of Detective Reed
Federal Rules of Evidence 702
Examining the Expert’s Methods

Chapter 11. Reasons for Fitness-for-Duty Evaluations
The Key Issues
Reasons for Referral

Chapter 12. Misuse of Fitness-for-Duty Evaluations
The Case of Officer Tim
Improper FFDE Referrals
SECTION IV: FEDERAL LAW AND FITNESS-FOR-DUTY EVALUATIONS

Chapter 13. Confidentiality of Psychological Information and the HIPAA in
Police Psychology
Ethical Issues About Confidentiality
Confidentiality and Mental Health Treatment
Confidentiality Law
The Health Insurance Portability and Accountability Act of 1996
Suggestions for the Law Enforcement Executive and Police Psychologist

Chapter 14. The Americans with Disabilities Act and Fitness-for-Duty
Evaluations
The Americans with Disabilities Act
ADA Disability Definition and the Supreme Court

Chapter 15. The Family Medical Leave Act, the Fair Credit Reporting Act,
and Fitness-for-Duty Evaluations
The Family Medical Leave Act
The Fair Credit Reporting Act
The Fair and Accurate Credit Transactions Act
Commentary

SECTION V: CONCLUSIONS

Chapter 16. Reflections and the Future of Law Enforcement Fitness-for-Duty
Evaluations
The Future of the Law Enforcement FFDE
A Model Bill
Final Thoughts

APPENDIXES
Appendix A. Fitness-for-Duty Evaluation Guidelines
Appendix B. Fitness-for-Duty Evaluation Regulation Model
Appendix C. Fitness-for-Duty Evaluation Letter of Guidance
Appendix D. Fitness-for-Duty Letter for Officer to Report for Evaluation:
Mandatory and Optional Programs
Appendix E. Sample Fitness-for-Duty Evaluation Report
Appendix F. Statement of Understanding
Glossary
Bibliography
Index
Reference Notes Included

What People are Saying About This

William U. Weiss

COMPREHENSIVE AND INSIGHTFUL. . . . A MUST-READ for law enforcement executives such as mayors, city managers, and police chiefs. In addition, police psychologists, attorneys, and public sector and union grievance committees will find this book to be an important guide. It reads well and easily; an extensive bibliography and glossary are provided.
—PhD, Professor of Psychology, The University of Evansville; Editor of the Journal of Police and Criminal Psychology

Gary L. Hoffman

FINALLY—A HANDBOOK THAT COVERS IT ALL in easy-to-understand language. A MUST for supervisors, middle managers, and command staff. The fully researched text and appropriate case studies clearly outline the pitfalls and problems associated with law enforcement personnel management. This book PROVIDES CLEAR SOLUTIONS, legal procedures, and case law studies while underscoring the necessity of hiring the best qualified law enforcement personnel. . . . A VIABLE AND IMPORTANT ADDITION TO ANY CRIMINAL JUSTICE PROFESSIONAL'S READING LIST.
—Lieutenant, (Ret), Law Enforcement Trainer/Human Resource Consultant; Co-developer of CEdAC and other law enforcement training/education programs