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Safety, What Is Your Agency’s Responsibility?

Texas deputy

(unsplash)

January 17, 2022
Dave SmithbyDave Smith
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There is an old saw that pops up regularly whenever an officer gets killed and it always rankles me. “He/She knew the risks when he/she signed up for the job!” gets tossed out as some bizarre reasoning to care less about the tragedy and spend as little psychic energy as possible sensing the loss and cost to the community when someone entrusted to protect and serve is killed. Certainly, risk is part of the law enforcement job description but what is the obligation of the employing entity to compensate for the risks and take action to mitigate them within reason? Training, equipment, manpower, policies, and supervision are all used to help lower the risks to the community and agency personnel. But what if basic risk compensation such as manpower or training is neglected by the agency? Be it from within the agency or by controlling government bodies who chose to deny or anticipate the needs of the employees involved.

We all can see the risks inherent in a lineman’s job climbing to dangerous heights and often in dangerous weather conditions to restore our essential services. Any company that neglected the training or equipment would certainly face civil liability were one of these people so denied were injured. But what about a deputy working for a county? Would the family of a slain deputy who perceives his death to be the result of neglect by the county have any grounds to sue? Would qualified immunity protect the agency? What is the duty of a government body to protect its crime fighters in the politically charged “defund” and “reimagine” politics of today? Well, maybe we will see if Washington State decides to reinstate the case of Estate of McCartney v. Pierce County.

In January of 2018, Deputy McCartney responded to a home invasion call. He was working a back-to-back shift on less than six hours sleep in a county with 12 deputies and 1 sergeant covering 1,806 square miles. Consultants in 2009 and 2018 submitted comprehensive reports detailing the severe short staffing of the Sheriff’s Department. Due to micromanagement by the County Council the Sheriff didn’t have proper funding for staffing or training and management and supervisory training were not consistent all of which culminated in the death of Deputy McCartney upon arriving, alone, at the scene. All this was alleged in a lawsuit brought on behalf of the family in February of 2021.

Pierce County then requested a judge dismiss the case as Deputy McCartney “was aware of the hazards of the job but ‘voluntarily confronted that risk.’” In April of 2021 a judge agreed with the county and dismissed the lawsuit. That would seem to put an end to the issue except Washington State is a state that takes employee liability very seriously and seems, by statute, to deny government entities the ability to just say, “well he was just doing a dangerous job!”  The National Police Association seeing the issue a little differently than the judge has filed an Amicus Brief in support of the McCartney family seeking to reinstate the case.

It seems the ruling the County won on was an odd interpretation several standing laws and cases and upon reading the Brief it would seem it only natural the courts should have a chance to evaluate the actual liability. What are the obligations a law enforcement has to protect its community as well as its employees? When balancing budgets how should safety be weighed against resources and what other compensations can a government agency do to mitigate risks?

One can hope as this case unfolds in the future leaders throughout the nation will examine these issues and recognize their obligations to seek the resources essential for a state, county, or local agency to provide their services. Budgets have become a hot topic and always bring to mind the problems of staffing, equipping, training, and supervising any department whether big or small. While the first reflex is to throw money at problems, modern problems may need innovative responses. Just robbing Peter to pay Paul has left key training issues and excellent programs on the table or led to severe staffing problems and overworked, exhausted employees. The challenge for leadership is to truly become problem solvers instead of blamers. Blaming this entity, or circumstance for a problem is something of a nation pastime nowadays; but true leaders understand an excuse is permission to fail and seek to solve a problem rather than blame!

In the McCartney tragedy it would seem to be a perfect storm of today’s contemporary problems straining an agency to its limits. For sixteen years staffing had failed to keep up with population growth, and the night of his killing there was only one other deputy working Deputy McCartney’s 700 sq. mi. beat. We all know the risks inherent in police work when we sign on but understaffing is a risk no one anticipates and only management can compensate for. Providing the essential services of keeping the peace, protecting life and property should be a priority for every level of government and to casually acknowledge the risk to those who serve without giving them the resources and training required is literally the golden example of negligence for a management team!

Sadly, it is often the tragedy that is the catalyst for positive change and perhaps the McCartney family’s effort while giving additional meaning to the good deputy’s sacrifice by forcing government bodies to provide essential resources to its people and in so doing not only reduce the risks to their employees but also the people they serve.

The National Police Association’s amicus brief filed in the Court of Appeals for the State of Washington in support of Deputy McCarty’s widow is here.


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Tags: Deputy McCartneyEstate of McCartney v. Pierce CountyNational Police AssociationNPA
Dave Smith

Dave Smith

Former police lieutenant Dave Smith is an internationally known speaker, writer and law enforcement expert. Dave completed his college degree at the University of Arizona while fighting forest fires with the “Coconino Hot Shots” and then began his police career with the Tucson Police Department. In 1978 he joined the Arizona Department of Public Safety, holding positions in Patrol, SWAT, Narcotics, Training and Management. In 1980 he developed the popular "JD Buck Savage" video training series, was the lead instructor for the Calibre Press "Street Survival" seminar from 1983 to 1985, and was instrumental in developing Calibre's timeless "Tactical Edge" officer survival book. Dave holds numerous instructor certifications in firearms, defensive tactics, and human performance and is a proven expert witness and consultant.  In 1989, Dave joined the Law Enforcement Television Network (LETN), developing and hosting cutting-edge police, security and public safety training as its Director of Education and was the general manager of Calibre Press until January of 2002. Dave continued to instruct the “Street Survival” seminar through 2012 as its senior instructor, managing the most comprehensive update to the seminar since 2003.  Dave has authored hundreds of articles for publications including Police Chief, Law and Order, The Trainer, Police Marksman, the Calibre Press Newsline, PoliceOne, Officer.com, Law Officer and POLICE magazine.  Dave was the Director of Video Training for the online Police One Academy and both produced and hosted PoliceOne’s award winning “Roll Call Reality Training” segments. He currently trains through Arizona-based “Winning Mind LLC,” is a regular columnist for POLICE magazine, the author of the popular book In My Sights and is a frequent media analyst concerning law enforcement issues.  Dave can be reached via his website at www.jdbucksavage.com or on his Facebook fan page as “JD Buck Savage.”  

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