Fitness For Duty & I.A.

Feb. 27, 2008
This is just another tool for use to determine if we are being fair to the employee, ourselves, and those we serve.

There were times when internal affairs investigators encountered officers being investigated for misconduct, and while interviewing the officer they realized that "this one is crazy." However, there was no remedy available to refer the officer for further action / follow up. We continued the investigation, turned in the findings and in most cases the officer was returned to work. Some were okay, while others developed problems and were later terminated on other charges.

For the most part, we do a good job on our investigations and getting to the truth. However, we are not taking it to the next step; that is to send an officer for a fitness for duty exam. Why should we take this step and how should we determine if it is necessary? When would it be appropriate to complete the exam? Who should do the fitness for duty examination? What should the department expect when it is complete? Are we obligated to enact recommendations made by the psychologist? These are valid questions that need answers.

If you have never dealt with a fitness for duty (FFD) examination I highly recommend that you begin to educate yourself about them. There are many experts on the subject in the field. A start would be Fitness for Duty, Principles, Methods, and Legal Issues by Dr. Anthony Stone Ph. D, M.P.H. (ISBN 0-8493-2286-3). This will take you on a tour from beginning to end on FFD evaluations.

Fitness for duty exams are great tool to put a good officer back on track and weed out the bad. I suggest you have an appropriate practitioner on call for situations that may arise. They can intervene in situations such as after shooting evaluations, Post Traumatic Stress, and after disaster evaluations. These professional also handle pre-employment examinations.

You should have policies and procedures in place for fitness for duty. In the policy it should state who can recommend the fitness for duty and who makes the decision for the fitness for duty. Supervisors, internal affairs, and command staff should have recommendation authority. The ultimate decision will rest upon the Executive Officer or their designee for the final decision.

Why should we take the step to find out if an officer is fit for duty? Many reasons would send us in this direction. One may be the officer is in emotional distress. These are the cases that jump out at you. The case may evolve from an officer has gone off the deep end with a supervisor, the public, or spouse after an insignificant disagreement. Although it seems to be harmless outburst, could there be an underlying problem? The underlying problem may explode into a significant incident. When that happens can we look back and see the signals being sent. Am I recommending a fitness for duty in all cases? No. However, we should look at the past history of person we are investigating. It may reveal that we need to conduct a fitness for duty to understand the problems the officer is having.

Who should do the fitness for duty? I suggest that you locate a licensed psychologist in your area who deals specifically in police related practice. These are the folks that are there to deal with the situation. We can no longer rely on the "Doc down the street" to handle our business. Police psychology has rapidly become an industry of its own. Moreover, we police officers are put together differently. We have known that for years. We cannot pull just anyone from the street, send them to the academy, and out to work the streets. They have to be wired right. Therefore, we need a professional who knows our jobs and, to go further, one who has been there done that.

Once the fitness for duty is completed the department will receive an evaluation from the psychologist advising whether the officer is fit to perform their duties as a police officer or not. If not, the department will receive a return to work agreement or, the department may determine that the time and effort is not a remedy they are equipped to take on. We must remember that approximately 80% of departments in the United States are staffed by 25 officers or less. They are not in the position of having an officer off productive duty for the time period it may take to re-habilitate the officer. The department is under no obligation to return the employee back to work providing they have reason to terminate.

If the department accepts the return to work agreement the officer is responsible for all costs of follow-up treatment. The agreement will delineate what the officer must do to return to work: seek counseling, see a medical doctor, consult with a psychologist (police psychologists do not counsel - they evaluate) and return the results to the department. Upon completion of all requirements they return to the psychologist for a re-evaluation. If they are deemed fit then they return; if not the department must make a decision to retain the employee or not.

This is a brief overview of the fitness for duty. It is just another tool for use to determine if we are being fair to the employee, ourselves, and those we serve.

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