If the history of the office tells us nothing else it must be recognized that it is critical for sheriffs to maintain professional standards. Issues of neglect, misfeasance, and malfeasance of the office have been intertwined with the function for so long and for so many different reasons that it is difficult to separate fact from fiction with regard to professionalism. The Provisions of Oxford was the first attempt at reform and definition of ethical principles regarding the office. The National Sheriff's Association has adopted a "Code of Ethics of the Office of Sheriff" that helps elevate the integrity of the office. The Code is as follows:
"As a constitutionally elected sheriff, I recognize and accept that I am given a special trust and confidence by the citizens and employees whom I have been elected to serve, represent, and manage. This trust and confidence is my bond to ensure that I shall behave and act according to the highest personal and professional standards. In furtherance of this pledge, I will abide by the following Code of Ethics.
I shall insure that I and my employees, in the performance of our duties, will enforce and administer the law according to the standards of the US. Constitution and applicable state constitutions and statutes so that equal protection of the law is guaranteed to everyone. To that end I shall not permit personal opinion, party affiliations, or consideration of the status of others to alter or lessen this standard of treatment of others.
I shall establish, promulgate, and enforce a set of standards of behavior of my employees which will govern the overall management and operation of the law enforcement functions, court related activities, and correction operations of my agency.
I shall not tolerate nor condone brutal or inhumane treatment of others by my employees nor shall I permit or condone inhumane or brutal treatment of inmates in my care and custody.
I strictly adhere to standards of fairness and integrity in the conduct of campaigns for election and I shall conform to all applicable statutory standards of election financing and reporting so that the Office of Sheriff is not harmed by the actions of myself or others.
I shall routinely conduct or have conducted an internal and external audit of public funds entrusted to my care and publish this information so that citizens can be informed about my stewardship of these funds.
I shall follow accepted principles of efficient administration and management as the principle criteria for my judgements and decisions in the allocation of resources and services in law enforcement, court related, and corrections functions of my office.
I shall hire and promote only those employees or others who are the very best candidates for a position according to accepted standards of objectivity and merit. I shall not permit other factors to influence hiring or promotion practice.
I shall ensure that all employees are granted and receive relevant training supervision in the performance of their duties so that competent and excellent service is provided by the office of sheriff.
I shall ensure that during my tenure as sheriff, I shall not use the office of sheriff for private gain.
I accept and adhere to this code of ethics. In doing so, I also accept responsibility for encouraging others in my profession to abide by this Code.
Every sheriff in the United States who is a member of this organization is required to adhere to the principles of this Code. Most state sheriff's associations have similar oaths that require the highest ethical and professional standards for membership.165
Ethical considerations are only one part of police professionalism. It can also be assessed by educational requirements, training, equity in enforcement, and community input into the various processes. Many of these points have been dealt with by police chiefs, but unfortunately sometimes they have been neglected by sheriffs. David Struckhoff identifies a possible approach toward professionalism by sheriffs in The American Sheriff:
"A possible alternative way of considering the sheriff professional is to consider him a professional administrator responsible for hiring and supervising subordinates capable of assisting in the supervision of the various functions of the office.
From the above it is clear that the sheriff is expected to be professional in many roles. As is evident, excepting the police and corrections roles, the criteria for professional administrative conduct are only seldom discussed in the literature on sheriffs, even though themselves sheriffs have taken the issue to heart".166
As with any other formal agency, particularly a law enforcement agency where life and death decisions are made, formal policies and procedures must be developed. Counselling for minor rule violations, and more severe discipline for major or repeated violations, is necessary for all employees of sheriff's organizations. Corrective discipline is a positive method for improving poor performance. This approach allows the employee to correct the problem behavior before discipline is applied. A key element of corrective discipline is that the employee and the manager share the responsibility for solving the performance problem. Upholding the public's trust through the use of discipline will ultimately reward the office with respect. Sophisticated social and communication skills are essential for sheriffs and their employees to be able to gather community support. Sheriffs must realize that their representatives reflect upon the image of the leader and all acts, either good or bad, will reveal their effectiveness portrait.167
At the county level, the sheriff, in most instances, represents one of the highest, if not the highest authority of law enforcement. Independence and self-governance is critically important to this office. Do to the elective nature of the position, it has an autonomous nature greater than that of other appointed law enforcement or correctional administrators. As the highest representative of the department, the sheriff answers ultimately to the voters, rather than to other government officials. It is important to note that each state having a sheriff has a formal process for removal or impeachment of the position.168
Copyright © 1998, 1999 Harry C. Buffardi
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