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![Upton to be at a desk job until the allegations were proven or
unproven. Officer Upton’s supervisor sided with the Chief
Owens, and eventually all agreed to put Officer Upton at a desk
job. Village Administrator, Bell, called Officer Upton in for a
meeting, then instructed Chief Owens to meet with him after his
meeting with Upton. When Officer Upton was asked about the
allegations he seemingly gave off an admission of guilt by
Village Administrator Bell, directing Officer Upton to be placed
on unpaid leave and surrender his badge and weapons
(Thompson, W. N., & Leidlein, J. E., 2009).
Story Continued
The investigation was said to take about 3 weeks, where Bell,
Owens and Upton’s supervisor discussed what to do if the media
found out. The investigation was completed and Officer Upton
was charged with criminal sexual conduct with a minor and was
terminated before charges were announced. When the Village
Council got together they were upset that they were not made
aware of the situation sooner. The council argued that Bell
should not have been terminated without being convicted, and
wanted Officer Upton back in uniform, some believing that even
if it were true that he would never do it again. Village
Administrator, Bell, refused. The media soon found out and
many were on Officer Upton’s side because he was such a
beloved figure in the community, and were in disbelief. When
Bell and Owens were interviews on camera they rehearsed their
answers beforehand after drafting anticipated media questions,
and mislead that they knew nothing about the case until now.
One question that was asked by the media (on camera) to the
superintendent of the schools was what he/she planned to do
while the charges pended, and his/her response was that Officer
Upton was not enrolled in [this] district, thus was not a concern
of his/hers (Thompson, W. N., & Leidlein, J. E., 2009).](https://image.slidesharecdn.com/chapteronethegreatsocietygifthorsemainethicalis-230110115923-75ad0d4a/75/Chapter-One-The-Great-Society-Gift-HorseMain-Ethical-Is-docx-17-2048.jpg)
![standards, can you go so far. With serval states missing and
federal officers this count is undercounted. This sheds light on
situations involving people with power committing heinous
crimes. Something else needs to be done to protect not only the
people being sexually assaulted, but the protection of police
officer’s as well (City, A. P., 2015).
Recommendation
Having Officer Upton terminated without a full investigation
and due process of law is not appropriate in my opinion. Your
Constitutional rights should be top priority for both Officer
Upton and the victim. I would suggest that Officer Upton be
placed at a desk job with supervision until the full investigation
is over. Making sure that Officer Upton does not have the
ability to leave town or harm other children is imperative, and
why supervision is a must. Also, the victim needs to make sure
that he is protected, as well as if there are any other victims.
Officer Upton did not give an omission of guilt, therefore,
terminating on the spot would not be the right thing to do. Also,
it would not be right to return all of his job duties and put him
back in a police car, to maybe harm again. After a full
investigation and due process of law on whether he is guilt or
not guilty, would it [then] be fine to either give him back his
full job duties or revoke them with termination. Remembering
to keep the community safe during the investigation, as well as
protecting Officer Upton’s rights, is the correct thing to do. It is
unethical to fire someone, who has been accused of a very bad
crime, without going through full due process of the law. It is
also unethical to not follow policies and procedures of the
Summit Police Department.
Another thing that I would recommend, and my expert helped
me with, is getting counseling for both Officer Upton and the
victim regardless of the outcome of the case.](https://image.slidesharecdn.com/chapteronethegreatsocietygifthorsemainethicalis-230110115923-75ad0d4a/75/Chapter-One-The-Great-Society-Gift-HorseMain-Ethical-Is-docx-26-2048.jpg)
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- 1. Chapter One: TheGreat Society Gift Horse Main Ethical Issue Was it ethical for Township Supervisor Gamble, to let his moral aspirations obstruct his understanding and comprehension of the Comprehensive Employment Training Administration (C.E.T.A.) program and its ramifications? Sub Issues Is it ever ethical to act upon one's morals when it directly contradicts the law? Was it right for the township supervisor to knowingly violate hiring laws if it meant protecting the public welfare? Was it ethical for the police chief to obey his supervisor’s illegal request, even though they both had good intentions in mind, or should the police chief have chosen disobedience over illegality, regardless of the intent? The Story William Gamble is the elected Township Supervisor. One of the main roads leading to the elementary school has no sidewalks, leaving the children to either walk in the street or on the grass. This places the children in potential danger. Gamble has two kids that attend the elementary school. Gamble informally discussed his sidewalk proposal with the clerk and treasurer, and then formally discussed his proposal with the board and the homeowners.
- 2. The Story Continued Theproposal was rejected by the homeowners who did not want to pay for something they did not want. One day, Gamble was approached by an official of the Labor Department’s Comprehensive Employment Training Administration (C.E.T.A.). One of the core premises of the C.E.T.A. was for the government to train, develop, and hire the hard-core unemployed, so as to decrease the unemployment rate and also find job opportunities for the long-time unemployed and recently released convicts. The Story Continued The C.E.T.A. official told the supervisor that they would provide the township employees free of charge. Gamble jumped at the idea because it would greatly reduce the cost of his proposal and appeal to more people. The C.E.T.A. hiring process called for the township supervisor to interview the applicants and hire or reject the applicant. If the applicant was rejected, the supervisor would have to give a precise reason as to why the applicant was rejected. The Story Continued The first applicant was a suitable candidate, but the second posed several problems for Gamble. During the interview, Gamble inquired as to the reason of the applicant’s two-year employment gap. The applicant said he was in prison. Knowing that any further questions about his incarceration was prohibited and illegal, he asked “where?” and was told the name of the state maximum security prison, where he served.
- 3. The Story Continued Afterthe interview, the supervisor approached the police chief as his superior, explaining the situation and asking if he could access the records of ex-convicts. The police chief initially said no, but ultimately left the room, intentionally leaving Gamble access to his computer. Upon looking into the applicant’s criminal record, he found that is was a convicted child molester. Gamble’s predicament worsened: He could reject the applicant and explain that he illegally discriminated against the applicant and illegally used public property, or he could hire the applicant, which could potentially endanger the children. The Story Continued Ultimately the supervisor scrapped the project, to prevent his illegal and unethical actions from coming to light. The Domino Effect of the Main Issue In recounting the supervisor’s actions, we understand that the supervisor’s ethical understanding is deteriorating. Firstly, he places moral aspirations above ethics and common sense, when he does not inform the C.E.T.A. official of the township’s and project’s policies. As a result, poor background screening led to a conflict of interest during the hiring process. Secondly, he willingly violated hiring laws by asking a discriminating question about the applicant’s criminal record. In turn, the led him to involve the police chief, again violating ethic codes, laws, and creating another conflict of interest. Thirdly, the supervisor involved the police chief by asking and misusing his position and governmental property, to further
- 4. delve into theapplicant’s criminal record: advancing his personal interests and gains. Stakeholders and PerspectivesStakeholdersPosition/DescriptionInfluential FactorsProposal Perspectives Advocate/OpposeWilliam GambleElected township supervisorHis children attend the school AdvocatePolice ChiefTownship police chiefSubordinate of the township supervisorBeyond the scope of knowledgeTownship ClerkElected township board memberDiscussed many previous and current issues with the supervisor informallyAdvocateC.E.T.A. OfficialOfficial of Comprehensive Employment Training Administration Hires and includes hard- core unemployed applicants AdvocateSecond ApplicantHard- core unemployed candidate chosen by C.E.T.A. OfficialConvicted child molesterAdvocateHomeownersHomeowners with no children living on designated streetSidewalks would decrease their property value Don’t want to pay for something they do not wantOppose ParentsParents of said children whom attend the near-by schoolTheir children are in danger when they walk to schoolAdvocate Background Information of Expert The expert I interviewed with was Sonya Walling. Sonya Walling is a former graduate of the program. Assistant to the Seminole City Manager. Works with the city council. Works on council agendas and special projects, providing recommendations for the council. Is involved in the community driven project, Penny for Pinellas project.
- 5. Research Recommendations With SonyaWalling’s knowledge, insight, and experience; I have developed several justified recommendations for each main constituent, based on the ethical codes and laws that I researched. I will be using the following ethical codes and laws to justify my recommendation: ICMA, the International City/County Management Association Florida Commission on Ethics: Guide to the Sunshine Amendment and Code of Ethics ASPA, American Society for Public Administration Equal Employment Opportunity Commission (EEOC) Tampa, Florida Code of Ordinances ICMA, the International City/County Management Association The ICMA provides basic ethical principles for public officials and officers to abide by, in order to achieve excellence in the public sector. The main principles found in the case are as followed: Tenet 10: “Resist any encroachment on professional responsibilities, believing the member should be free to carry out official policies without interference, and handle each problem without discrimination on the basis of principle and justice”. Tenet 11: “Handle all matters of personnel on the basis of merit so that fairness and impartiality govern a member's decisions,
- 6. pertaining to appointments,pay adjustments, promotions, and discipline”. Tenet 12: “Public office is a public trust. A member shall not leverage his or her position for personal gain or benefit”. The supervisor’s neglect of the ICMA’s principles resulted in an unethical and illegal activities, which in turn, undermined the public trust. Florida Commission on Ethics: Guide to the Sunshine Amendment and Code of Ethics The Guide to the Sunshine Amendment provides an explanation and overview of the Sunshine Amendment, found in the Florida Statutes. The following sections of the Sunshine Amendment Guide helped devise a couple recommendations: Section VI. Advisor Opinions. Section VII. Complaints. Both sections provide ethical options that the police chief should have taken, because no public official should ever engage in illegal actions. ASPA, American Society for Public Administration The ASPA Code of Ethics is a set of principles and standards that help to promote ethical practices within the government. The following ASPA principles are prevalent within the case: Principle 2. Uphold the Constitution and the Law. Explains that we need to respect, support, and abide by governmental laws. Principle 4. Strengthen social equity. Explains that we should treat others fairly, equally, and without discrimination or bias. Principle 5. Fully Inform and Advise. Explains that we must be transparent, providing detailed
- 7. information and adviceto others. Principle 6. Demonstrate personal integrity. Adhere to the highest standards of conduct to inspire public confidence and trust in public service. Although several characters violated these principles, it was the supervisor’s and C.E.T.A. official’s neglect of Principle 5. If they had fully informed each other of the project and its ramifications, then; the situation could have possibly been adverted. Equal Employment Opportunity Commission (EEOC) The EEOC enforces federal laws that prohibit the discrimination of an applicant during the hiring process. The EEOC serves as a reference to the illegal and discriminatory hiring practices of the township supervisor. According to the EEOC, “Federal EEO laws do prohibit employers from discriminating when they use criminal history information. Using criminal history information to make employment decisions may violate Title VII of the Civil Rights Act of 1964, as amended (Title VII)” (EEOC). This relates to the case, because not only did the township supervisor directly violate EEOC hiring laws, but the result of his discriminatory curiosity led him to engage in other illegal and unethical actions. Tampa, Florida Code of Ordinances The Code of Ordinances is a set of guiding ethical principles, whose intent is to promote excellence and proper ethical practices within the government. Three sections under Division 3- Misuse of Position and Property of the Code relate to this case: Sec. 2-540. - Use of public property. This section states that
- 8. public employees areprohibited from using public property for self gain. Sec. 2-543. - Use of confidential information. This section says that no official or employee shall use confidential information to leverage personal interests. Sec. 2-545. - Misuse of position. This expresses that it is unlawful for an officer or employee of the government to coerce or use their held position for any reason other than for professional responsibilities. These sections relate to the case, because in meeting with the police chief, the township supervisor violated all three of the ordinances. Discussion Of Main Issue We discussed in depth, what C.E.T.A. is and its operating procedures, and how both C.E.T.A. and the township supervisor are responsible. Sonya helped me understand that both parties had failed to understand and comprehend the project, because they were both trying to promote their own agendas. The supervisor should have clearly understood and explained the township’s policies to the C.E.T.A. official, expressing that the project will be close to an elementary school. Rather than carefully explaining the situation, the supervisor adamantly agreed to the proposal, ecstatic that he found an agreeable way to build the sidewalks. On the other hand, the C.E.T.A. official had also neglected to understand the project and the township’s policies. C.E.T.A. is responsible for providing a background screening when choosing its applicants, yet by not fully understanding that the project took place near a school, a convicted child molester was chosen as a potential applicant.
- 9. Discussion of SubIssue: The Interview We then analyzed the interview between the township supervisor and the second applicant. We agreed that it is common practice to ask about an applicant’s employment gap or if they have ever been arrested and/or convicted. What was unethical and illegal, however, was the supervisor further inquiring about the applicants criminal record. According to the Equal Employment Opportunity Commission (EEOC), “Federal law does not prohibit employers from asking about your criminal history. But, federal EEO laws do prohibit employers from discriminating when they use criminal history information. Using criminal history information to make employment decisions may violate Title VII of the Civil Rights Act of 1964, as amended (Title VII)” (EEOC). Discussion of Sub Issue: The Interaction We then discussed the interaction that took place between the police chief and the supervisor, addressing the ethicality and legality of the situation. Under no circumstances did either party act ethically or lawfully. The supervisor intentionally created a conflict of interest by approaching and coercing the police chief, while the police chief deliberately and unethically chose to be ignorant of the supervisor’s illegal misuse of his position and government property.
- 10. Main Ethical IssueReminder Whether or not, if it was ethical for the township supervisor to let his moral aspirations obstruct his understand and comprehension of the Comprehensive Employment Training Administration (C.E.T.A.) program and its ramifications? Recommendation for Main Issue The main ethical issue present in the case, was the failed understanding and miscommunication of the project’s policies, because both the C.E.T.A official and township supervisor focused more on their personal aspirations. I would recommend that the C.E.T.A. official and the township supervisor hold a public meeting, in which the project’s policies and restrictions are clearly defined, preventing any misunderstandings as to the legal and ethical ramifications of the project. Recommendation for Main Issue Continued If both parties openly shared the facts of the project, then possibly, the C.E.T.A. official would have excluded the child molester from the applicant pool, knowing that the project took place near a school, preventing the issue from transpiring. The practice of this conduct is found under Tenet 5, of the ICMA’s Code of Ethics, stating, “Submit policy proposals to elected officials; provide them with facts and advice on matters
- 11. of policy asa basis for making decisions and setting community goals; and uphold and implement local government policies adopted by elected officials” (ICMA). Restating the Sub Issues Is it ever ethical to act upon one's morals when it directly contradicts the law? Was it right for the township supervisor to knowingly violate hiring laws if it meant protecting the public welfare? Was it ethical for the police chief to obey his supervisor’s illegal request, even though they both had good intentions in mind, or should the police chief have chosen disobedience over illegality, regardless of the intent? Personal Recommendation Ethics are universal, morals are personal: to act on one’s morals means to act on one’s personal interest. Recommendations for the Interview A public official should never act unethically or unlawfully, even if the intent is to protect the public welfare. An employer has the right to ask if the applicant has been arrested or convicted, yet to make further inquiries, violates the Equal Employment Opportunity Commission (EEOC) laws. Per the EEOC, “Federal law does not prohibit employers from asking about your criminal history. But, federal EEO laws do prohibit employers from discriminating when they use criminal history information” (EEOC).
- 12. Additionally, Principle 2-Uphold the Constitution and the Law of ASPA Code of Ethic’s states, “Respect and support government constitutions and laws, while seeking to improve laws and policies to promote the public good” (ASPA). Recommendations for the Interview Continued Referring back to the miscommunication between the C.E.T.A. official and the supervisor; if the details of the project were better understood, then the C.E.T.A. official would have most likely performed a background screening, removing any inappropriate candidates from the applicant pool. As a recommendation for the hiring process, a better question to have asked rather than “Where?” would have been, “Would the reason you were in prison affect your position or create a conflict of interest?” The latter question not only complies with the EEOC hiring laws, but could have also prevented the supervisor from involving the police chief and misusing government property and his position. Center For Sex Offender Management Project The project discusses the assessment of potential job placements for sex offenders. The project asserts, that sex offenders should not be permitted to work in service industry jobs or in settings that may be near a school or playground (2002). http://www.csom.org/pubs/timetowork.pdf
- 13. Recommendation for theInteraction Many violations and breaches of ethical codes and laws took place during the interaction between the township supervisor and the police chief. Even-so, this is a sub issue because it exemplifies the ethical deterioration of the supervisor, as a result of allowing his moral objectives to obscure ethical practices. By involving the police chief, the supervisor has now become affiliated to supervisor’s unethical and illegal actions. I would first recommend that the police chief confront the supervisor about disclosing his unethical and illegal actions. If the supervisor refuses to disclose his actions, then I believe the next step would be, to approach the Florida Commission on Ethics with a hypothetical scenario and await for an advisory opinion. As a last case recommendation, the police chief should file a complaint with the Florida Commission on Ethics. Sony Walling explained that it is necessary to follow the chain of command. Recommendation for the Interaction Continued Under no circumstances is breaking the law ethical or permissible by a public official. Although the police chief is a subordinate to the township supervisor, he should have chosen disobedience over ignorance and illegality. The unlawful misuse of public property and position is explained: Section 2-540 of Article VIII- City of Tampa Ethics Code explains how the use or knowledge of someone misusing public property is unlawfully, stating, “No official or employee shall request, use or permit the use of any publicly owned or publicly supplied property, vehicle, equipment, material, labor or service
- 14. for the personalconvenience or the private advantage of himself or of any other person” (Tampa, Florida Code of Ordinances). Work Cited ICMA Code of Ethics. ICMA, 2015. icma.org/en/icma/ethics/code_of_ethics. "ARTICLE VIII. - CITY OF TAMPA ETHICS CODE." Tampa, Florida - Code of Ordinances, 2017. www.municode.com/library/fl/tampa/codes/code_of_ordinances ?nodeId=COOR_CH2AD_ARTVIIICITAETCO_DIV2COIN. "Code of Ethics." ASPA Code of Ethics, 2013. www.aspanet.org/ASPA/Code-of-Ethics/ASPA/Code-of- Ethics/Code-of-Ethics.aspx?hkey=5b8f046b-dcbd-416d-87cd- 0b8fcfacb5e7 Work Cited Continued “Time to Work: Managing the Employment of Sex Offenders Under Community Supervision.” Center For Sex Offender Management, 2002, pp. 3. www.csom.org/pubs/timetowork.pdf. "Prohibited Practices." Pre-Employment Inquiries and Arrest & Conviction. U.S. Equal Employment Opportunity Commission. www.eeoc.gov/laws/practices/inquiries_arrest_conviction.cfm. “Guide to the Sunshine Amendment and Code of Ethics for Public Officers and Employees.” Florida Commission on Ethics, 2017, pp. 17&18. www.ethics.state.fl.us/Documents/Publications/GuideBookletInt ernet.pdf. Thompson, William Norman., and James E. Leidlein. Ethics in city hall: discussion and analysis for public administration. Sudbury, MA: Jones and Bartlett, 2009, pp. 1-10.
- 15. “Boss We’ve Gota Problem” PUP 3054 Policy and Ethics 10/16/2018 Main Ethical Issue Is it ethical to fire someone, who has been accused of a very bad crime, without going through full due process of the law? Sub Ethical Issues Is it ethical to treat someone as if they were guilty when there was no emission of guilt? Is it ethical that they placed Mr. Upton on unpaid leave and made him surrender his badge and weapon before due process of the law? Is it ethical that, without a full due process of law, that the reputation of what may be an innocent man be ruined? Is it ethical to believe a young 12 year old boy of being molested by one of the town’s favorite without a proper evaluation/due process? Is it ethical to not follow a contract, which was to pay Mr. Upton his unused sick time and vacation time? Is it ethical that Mr. Upton did a lot of things in the community that involved children when he knew that he had a dark secret? Is it ethical that Officer Upton could have been set up due to the jealousy of his co-workers and is paying with it with his life/career/reputation? Story Charlie Upton is a well-respected policeman raised and working
- 16. for Summit, amid-sized village in the Northeast. Officer Upton is the head of Child Protective Services, in which all matters that involve juvenile’s call for Officer Upton. As a 17 year veteran in the police force, a Summit school board chairman, coach of an 11-13 year old boy’s pee-wee league football team, and notable figure in the community, Officer Upton is beloved by his community. Officer Upton is extremely passionate about his work, especially serious when it comes to being a pee-wee football coach- he did not like to lose. Officer Upton, single and having no children of his own, even became the villages Santa during Christmas time. Being passionate for football and the young boys on his team, Officer Upton thought it would be a great idea to take the boys to Florida’s Disney World for their winning season. Some of the boy’s parents thought this would be a fabulous treat, however, Village Administrator, Tim Bell (whose son was on the team named Timmy), thought otherwise. This revelation would soon split Summit wide open. Officer Upton held a dark secret. He liked and prayed upon little boys. Village Administrator, Tim Bell would soon hear from Police Chief, Martin Owens, about an urgent matter, “boss we’ve got a problem (Thompson, W. N., & Leidlein, J. E., 2009).” Story Continued Chief, Martin Owens, talk Mr. Bell that he got a call from a social worker who was treating a 12-year-old boy for emotional problems, telling the social worker that the boy had been molested by Officer Upton. This news was shock and agreed that the matter be fully investigated by an outside agency, and kept between themselves and Upton’s supervisor. The heated discussion of what to do with Officer Upton until the investigation started became the hot topic. Administrator Bell wanted Officer Upton to be relieved of his duties pending the outcome of the investigation, and Chief Owens, who is already under public scrutiny for his strict policies, wanted Officer
- 17. Upton to beat a desk job until the allegations were proven or unproven. Officer Upton’s supervisor sided with the Chief Owens, and eventually all agreed to put Officer Upton at a desk job. Village Administrator, Bell, called Officer Upton in for a meeting, then instructed Chief Owens to meet with him after his meeting with Upton. When Officer Upton was asked about the allegations he seemingly gave off an admission of guilt by Village Administrator Bell, directing Officer Upton to be placed on unpaid leave and surrender his badge and weapons (Thompson, W. N., & Leidlein, J. E., 2009). Story Continued The investigation was said to take about 3 weeks, where Bell, Owens and Upton’s supervisor discussed what to do if the media found out. The investigation was completed and Officer Upton was charged with criminal sexual conduct with a minor and was terminated before charges were announced. When the Village Council got together they were upset that they were not made aware of the situation sooner. The council argued that Bell should not have been terminated without being convicted, and wanted Officer Upton back in uniform, some believing that even if it were true that he would never do it again. Village Administrator, Bell, refused. The media soon found out and many were on Officer Upton’s side because he was such a beloved figure in the community, and were in disbelief. When Bell and Owens were interviews on camera they rehearsed their answers beforehand after drafting anticipated media questions, and mislead that they knew nothing about the case until now. One question that was asked by the media (on camera) to the superintendent of the schools was what he/she planned to do while the charges pended, and his/her response was that Officer Upton was not enrolled in [this] district, thus was not a concern of his/hers (Thompson, W. N., & Leidlein, J. E., 2009).
- 18. Story Continued After OfficerUpton’s termination, the village’s finance director brought Village Administrator, Bell, a separation of pay form to sign, in which contractually (and traditionally) employees who separate their unused sick time and vacation time was paid for. He refused to sign it, and did not care if he got sued for his decision and Officer Upton never did get paid. Officer Upton hired an attorney and was arraigned and given personal bond with the condition that he have no contact with children. Upton plead no contest, and while not an admission of guilt, he was treated as if it were. Officer Upton was sentenced to wear an electronic tether and two years on probation, serving no jail time. To this day a lot of the village feel that Officer Upton was set up by Village Administrator, Bell, and Police Chief, Owens, because of Upton’s popularity and power in the community (Thompson, W. N., & Leidlein, J. E., 2009). Key Points in the Story Officer Upton is a 17-year veteran on the work force, in Summit, and a notable figure in the community. Officer Upton’s passion for football and trip to Disney with his winning pee-wee football team would be a revelation that splits Summit wide open. Officer Upton held a dark secret, he liked and preyed upon young boys. Officer Upton was accused by a 12-year-old boy of molestation. A heated discussion between Bell and Owens on what to do with Officer Upton became a hot topic. Chief Owens wanted to give him a desk job, while Administrator Bell wanted to terminate him. When questioned by Owens and Bell, Officer Upton seems, to them, to give an admission of guilt.
- 19. Key Points inthe Story Media then finds out and the community is in uproar. Village Administrator, Bell, terminates Officer Upton, pending an investigation. After the investigation was completed and Officer Upton was charged with criminal sexual conduct with a minor and was terminated before charges were announced. Officer Upton was sentenced to wear an electronic tether and two years on probation, serving no jail time. To this day a lot of the village feel that Officer Upton was set up by Village Administrator, Bell, and Police Chief, Owens, because of Upton’s popularity and power in the community. Stakeholders and Perspectives Officer Upton- As a 17 year veteran on the police force and a beloved figure in the community, Officer Upton is upset that he is being accused of such a crime. “There goes 17 years down the drain,” is a comment that Upton made when asked about the crime. He also stared at the floor, during the questioning, which indicates that he is either shocked or in disbelief that he was either caught or accused of a heinous crime. Village Administrator Bell- Thinks that termination of Officer Upton is the appropriate thing to do without due process of law. This may be because Bell has a son on Officer Upton’s Pee-Wee football team, and protecting his family is of top priority to
- 20. him. Or, itcould just be because of who he is and how he handles business. Officer Bell could also have a hidden agenda to get rid of Officer Upton because of his notoriety and power in the community. The interest of Administrator Bell would be to get ride of Officer Upton because he is a treat to him. Stakeholders and Perspectives Chief Police Owens- Different perspective then Village Administrator, Bell, when it comes to what should be done with Officer Upton. Owens wants Officer Upton to be put at a desk job until the investigation is over. Chief Owens could also have a hidden agenda in this case to get rid of Officer Upton because he is a threat, due to his popularity and power in the community. The interest of Chief Owens is to get ride of Officer Upton because he holds too much power and respect in the community, and is a threat to him. Children on the Pee-Wee Football Team- These children are venerable and could be potential victims of Officer Upton. They could also just be having a great time and Officer Upton’s generosity and friendliness is a strong trait of his, so taking them to places, like Disney World in Florida, after an exceptional session was just a nice gesture. Timmy- As the son of Village Administrator, Bell, Timmy has a closer niche with Officer Upton because he works closely with his father. Timmy is between 11-13 years-old and is a venerable child in this case and it seems as though he is just being a child and has an extremely protective father. Stakeholders and Perspectives Victim- A 12-year-old boy accused Officer Upton of molestation. He was probably very scared and still is. However, there are two sides to the situation. Some believe that the boy
- 21. was lying tohurt the reputation of Officer Bell, and some believe the boy. Social Worker- He/she called Administrator Bell on the phone to tell him about the allegations of a 12-year-old boy being molested by Officer Upton. Their perspective would be to treat the boy and follow policies and procedures of the job. Officer Upton’s Supervisor- He/she played a role in the conversation of what to do with Officer Bell. He/she sided with Chief Owens, agreeing that the right thing to do was to place Officer Upton at a desk job pending the investigation. It must have been hard to be in the middle of two bosses and choosing what the right thing was. The supervisors vote ended up not counting because Village Administrator, Bell, had already made up his mind to terminate Upton. Stakeholders and Perspectives Superintendent of School Board- Officer Upton is not in his/her particular district, therefore, he/she believes that Officer Upton’s case has nothing to do with him/her. The superintendent does not want to be part of this case and is taking no action to protect the children in the community. This is an observation from a statement in the media. He/she could think something later on or off camera to do something about Officer Upton’s case. Village of Summit- A lot of the community loves Officer Upton and thinks that the child, who is accusing Officer Upton of such a harsh crime, is lying. Also, some of the community thinks that there could be people setting up Officer Upton, such as Administrator Bell and Chief Owens, due to his notoriety and power in the community. Officer Upton’s Family- I am sure it is hard to hear something like this from someone that you love. Also, protection for the family could be necessary due to angry families in the community seeking revenge.
- 22. Stakeholders and Perspectives OfficerUpton’s Friends- Wanting to never hear your friend be accused of such a heinous crime, you will have upset friends and you will have angry friends. There could be instances where friends notice behaviors that are not normal but not think much more than that. Or, this could just be completely shocking news and side with Officer Upton. Like the family, you want to protect yourself from people with malleus intentions and are seeking revenge. As a friend, you would also want to comfort someone who is going through a tough time. Depending upon how close of friend or how good/bad of friend there will be a few different perspectives. Attorney(s) (Outside Agency)- Following policies and procedures of their job is their perspective on the case. They did state that the investigation would take about 3 weeks to complete. Summit Council Members- The council was very upset about the ‘knee-jerk reaction’ of Administrator, Bell, in terminating Officer Upton. Three out of the five council members voted to put Officer Upton back into a police car until the investigation was over. Therefore, there are different perspectives of four out of the 7 council members. Some of the council thought that even if he did commit the crime that he would never do it again. Stakeholders and Perspectives Media- Media plays a role in this case due to some questions that were asked to members in the community. Responses from Village Administrator, Bell, and Chief, Owens, were rehearsed. This could have given false pretense to the case. The superintendent of the school board was also on camera stating that he would not do anything about Upton because he was not
- 23. in his/her district.Media influences a lot of people in any case, but due to the nature of this crime, the hole community was in uproar. Expert- Janice K. Wittman Ph.D., RN Janice K. Wittman Ph.D., RN is a retired Nursing Educator and was Program Director Evenings for St. Petersburg College Associate Degree Program from 1990 to 2012 and has had extensive teaching and course work centering around Medical Ethics and the theories and principles related to ethical decision making. Currently Dr. Wittman is Chairman of the Board at Northside Hospital in St. Petersburg, Florida. Dr. Wittman entered the Nursing Profession in 1967 and has had the opportunity to work in a variety of nursing positions while advancing her nursing education at Marquette University. Her doctorate is in Health Education from the University of Toledo. Expert Opinion Policies and procedures for the police department, as well as the school board, must be followed. To fire someone without a full investigation would not be appropriate for a couple of reasons. One, it does nothing to protect the children in the community. For instance, they could fire him and he could leave town. Second, he has the right to a full investigation and due process, as well as the victim. There also needs to be an opportunity for other people/children to come forward. It is critical that Officer Upton is kept on supervision and not free to roam the country. Following policies, procedures and law is crucial. The ethical thing to do is to hold the person accountable by putting them on administrative leave pending the outcome of the case. Related Laws Due Process of Law- A fundamental principle of fairness in all
- 24. legal matters, bothcivil and criminal, in the courts. All legal procedures set by statute and court practice, including notice of rights, must be followed for each individual to prevent prejudicial or unequal treatment. The term can be gauged by its aim to safeguard both private and public rights against being unfair. The universal guarantee of due process is in the Fifth Amendment to the U.S. Constitution, which provides "No person shall…be deprived of life, liberty, or property, without due process of law," and is applied to all states by the 14th Amendment. From this basic principle, many legal decisions determining both procedural and substantive rights come about (Legal Dictionary. (n.d.), 2018). Police Misconduct- 42 U.S. Code, Section 1983- It is unlawful for anyone acting under authority to deprive someone of federal and constitutional rights. The most common claims against police officers is false imprisonment, malicious prosecution and excessive force, which we are all protected against by this law (42 U.S. Code, Section 1983. (n.d.), 2018). Ethical Principals Natural Law- Based upon what is good and what is evil. It is derived from the rational nature of human beings. It is derived from a concept that the universe is governed by cosmic laws on which human conduct should be based. It is a moral sense, as a human, to decide what is right and what is wrong (Lewis, C. W., & Gilman, S., 2012). Principles of Ethical Conduct for Government Officers and Employees (Executive Order 12731)- There are 14 principals of ethical conduct to ensure every citizen can have complete confidence in the integrity of the Federal Government, and each Federal employee shall respect and adhere to these 14 fundamental principles of ethical service as implemented in their regulations (Principles of Ethical Conduct for Government Officers and Employees. (n.d.), 2018).
- 25. Similar Situations Miami-Dade PoliceLieutenant, Gonzalez, was arrested this year for accusations of molesting a girl from 2011-2013, when she was ages 8-10. He was charged by his own agency. Gonzalez, 44 years-old, was a 19 year veteran of the police force, similar to that of Officer Owens. Miami-Dade Police Director, Perez, stated that there would be a full investigation, and that no one is above the law. Gonzalez was also part of a Police Special Patrol Bureau. It seems that he is a well respected Police Officer in the community. Being a 19 year veteran, being part of a special task force, and having respect in the community shows the similarities to Officer Upton’s case (Batchelor, A., & Finnie, A., 2018). Similar Situations Investigation reveals about 1,000 police officers lost jobs over sexual misconduct In a year long investigation, the International Association of Chiefs of Police (AP) obtained records from 41 states, from 2009-2014, and reported that 550 officers were decertified for sexual assault, including rape, sexual shakedowns in which citizens were extorted into performing favors to avoid arrest, or gratuitous pat-downs. 440 other police officers lost their badge to similar sexual assaults, such as possessing child abuse images, or for sexual misconduct. The law enforcement officials in these records included state and local police, sheriff’s deputies, prison guards and school resource officers, not including federal officers. According to the article, one way to prevent people in high positions from committing such crimes is to do a robust screening of all applicants. However, screenings amongst departments vary, and even then, with stringent
- 26. standards, can yougo so far. With serval states missing and federal officers this count is undercounted. This sheds light on situations involving people with power committing heinous crimes. Something else needs to be done to protect not only the people being sexually assaulted, but the protection of police officer’s as well (City, A. P., 2015). Recommendation Having Officer Upton terminated without a full investigation and due process of law is not appropriate in my opinion. Your Constitutional rights should be top priority for both Officer Upton and the victim. I would suggest that Officer Upton be placed at a desk job with supervision until the full investigation is over. Making sure that Officer Upton does not have the ability to leave town or harm other children is imperative, and why supervision is a must. Also, the victim needs to make sure that he is protected, as well as if there are any other victims. Officer Upton did not give an omission of guilt, therefore, terminating on the spot would not be the right thing to do. Also, it would not be right to return all of his job duties and put him back in a police car, to maybe harm again. After a full investigation and due process of law on whether he is guilt or not guilty, would it [then] be fine to either give him back his full job duties or revoke them with termination. Remembering to keep the community safe during the investigation, as well as protecting Officer Upton’s rights, is the correct thing to do. It is unethical to fire someone, who has been accused of a very bad crime, without going through full due process of the law. It is also unethical to not follow policies and procedures of the Summit Police Department. Another thing that I would recommend, and my expert helped me with, is getting counseling for both Officer Upton and the victim regardless of the outcome of the case.
- 27. Main Ethical Issueand Sub Ethical Issues Is it ethical to fire someone, who has been accused of a very bad crime, without going through full due process of the law? Is it ethical to treat someone as if they were guilty when there was no emission of guilt? Is it ethical that they placed Mr. Upton on unpaid leave and made him surrender his badge and weapon before due process of the law? Is it ethical that, without a full due process of law, that the reputation of what may be an innocent man be ruined? Is it ethical to believe a young 12 year old boy of being molested by one of the town’s favorite without a proper evaluation/due process? Is it ethical to not follow a contract, which was to pay Mr. Upton his unused sick time and vacation time? Is it ethical that Mr. Upton did a lot of things in the community that involved children when he knew that he had a dark secret? Is it ethical that Officer Upton could have been set up due to the jealousy of his co-workers and is paying with it with his life/career/reputation? The Answer to all of these is NO, it is not ethical. References 42 U.S. Code, Section 1983. (n.d.). Retrieved October 16, 2018, from https://criminal.findlaw.com/criminal-rights/42-u-s-code- section-1983.html Batchelor, A., & Finnie, A. (2018, September 14). Miami-Dade police lieutenant accused of molesting girl held without bond. Retrieved from https://www.local10.com/news/florida/miami- dade/miami-dade-police-lieutenant-accused-of-molesting-girl- held-without-bond City, A. P. (2015, November 01). Investigation reveals about 1,000 police officers lost jobs over sexual misconduct.
- 28. Retrieved from https://www.theguardian.com/us- news/2015/nov/01/police-sexual-assault-investigation LegalDictionary. (n.d.). Retrieved October 16, 2018, from https://dictionary.law.com/Default.aspx?selected=595 Lewis, C. W., & Gilman, S. (2012). The ethics challenge in public service: A problem-solving guide. San Francisco, CA: Jossey-Bass. Police Misconduct and Civil Rights. (n.d.). Retrieved October 16, 2018, from https://civilrights.findlaw.com/civil-rights- overview/police-misconduct-and-civil-rights.html Principles of Ethical Conduct for Government Officers and Employees. (n.d.). Retrieved October 16, 2018, from https://ethics.od.nih.gov/principl.htm Thompson, W. N., & Leidlein, J. E. (2009). Ethics in city hall: Discussion and analysis for public administration. Sudbury, MA: Jones and Bartlett. Page 5Directions for the Case Studies DB Assignment For this dropbox assignment, please do the following: Please pick 2 different case studies. These should not be the case for your presentation. For the first case: 1. Provide the title of the case and also provide the main ethical issue. 2. Summarize in a paragraph or two what the story is. 3. Explain what went wrong in the story. Here, be sure and tell me what went wrong regarding the main ethical issue. After you have done that, you can also explain if other things went wrong as well. (This is often what happens in these case studies.) Just be sure and delineate between the main issue and other sub issues.
- 29. 4. Explain whatshould have happened. Again, do this for the main issue first. Then, you can explain this for the sub issues as well. Just make sure I can tell between the main issue and the sub issues. 5. Explain at least one new thing you learned from this case study. 6. Take a look at the presentation itself. What did the student do well? What made this interesting to you? etc. Is there anything that would have made the presentation better? Did you learn anything about presentation styles while reading this? In other words, is there a take away for you when you are again preparing a presentation for an audience so that you can make sure it is pleasing to the eye and informative for the audience? Next, look at the second case you selected. Answer the same questions as above for this case. There is no minimum word requirement. Answer the questions fully and completely. Remember, I will randomly select cases for part of the final exam. So, at some point you will need to review all of the different cases. PAGE