The Path to Professionalism
Rick Baratta
In last month’s Bulletin I dug up some history on the creation and adoption of the Law Enforcement Code of Ethics; the first successful project of the embryonic Peace Officers Research Association of California (PORAC). The success of the project is due to Lt. Gene Muehleisen of San Diego PD; who authored it. He not only wrote the Code but lobbied acceptance by the California Peace Officers Association (CPOA), and The International Chiefs of Police (IACP). I mentioned that Gene Muehleisen eventually help start Region 29 and became a life member of IPA.
As chairman of PORAC’s Professionalization Committee Gene had proposed six major goals, among which was the Code of Ethics. A second important goal was to establish a standard setting agency at state level that would mandate minimum recruitment and training standards for all police and sheriff’s departments in the state. At that time there were probably four hundred police and sheriff’s departments; all
doing their own thing regarding recruitment standards and training, and probably 20,000 independent law enforcement agencies within the USA. IPA travelers will probably recall trying to explain America’s bizarre system of policing to European policemen.
The idea of a single standard setting agency was not new, and had been suggested by August Vollmer (of Berkeley) and others.
In the early fifties CPOA had been developing legislation to establish a police standard setting agency at state level, with no success. So Gene proposed PORAC adopt the “Professional Law Enforcement Act” that he had written. This was adopted was approved by the board of PORAC and Gene was directed to seek support from CPOA.
Several officers from LAPD had just established a private undertaking called “The Association for Professional Law Enforcement (APLE). The goal of the association was the professionalization of the police through research and development of standards. Gene appeared before the board of APLE and gained their support. It may be noted that the secretary of APLE was Eugene W Roddenberry. Gene Roddenberry of Star Trek fame and his brother were police officers in LAPD at the time.
Gene and several members of his committee were busy during 1955 presenting the “The Professional Law Enforcement Act” to various law enforcement organizations, including CPOA, where he was vice-chairman of the Committee on Standards and Qualifications. For the most part administrators were favorably disposed towards the “Act” as written, others approved in principal.
CPOA had introduced their minimum standards legislation (AB2440) which had failed because of pressure from the League of California Cities and The County Supervisors association (CSAC) who had thrown up “home rule” and “state police force” as reasons to kill the bill.
At The 1957 PORAC Convention Gene introduced Ed Davis, president of the LA Police and Fire Association who spoke of PORAC’s plan to introduce the Law Enforcement Training Act of 1959.
Ed discussed legislative activities in Los Angeles and how the association had managed to pass beneficial legislation locally, among which was a resolution to support minimum standards legislation. This had the support of the police administration (Chief Parker) and the city administration. The resolution called for the endorsement of legislation which would establish voluntary minimum standards and receive from the state one half of an officer’s salary while undergoing such training.
The standards selected for such legislation were:
1 US Citizenship
2 Minimum age of 21 years.
3. Fingerprinting and records search to disclose any criminal record.
4. High School graduate or GED passage.
5. Good moral character as disclosed by a back-ground investigation.
6. Never having been convicted of a crime involving moral turpitude.
7. Psychiatric evaluation to determine temperamental or emotional problems.
The conference of 1957 adopted these recommendations. However it should be noted that when questioned if the legislature would agree to fund half of an officer’s salary while in training Ed Davis laughed and said that he wanted the criminals to pay for that training, and suggested a penalty assessment for all convicted criminals, to pay for the training.
Gene Mueliesen, Ed Davis, and Jewell Ross gave the professionalization report which in fact included the recommendations of Ed Davis and named it the Law Enforcement Training Act (LETA) of 1959.
The Standards and Qualifications Committee of CPOA also met in Fresno in January with Bill Lovejoy, Ed Davis, and John Lindquist. Gene Muehleisen had been appointed chairman of the committee. The committee voted to support the principles and endorsed a proposed meeting between The League of California Cities and representatives of governmental and law enforcement groups.
1 The California state legislature only met every other year for introduction of legislation.
2 All these recommendations have been written into law.
Attorney General Pat Brown had formed a committee called the Attorney General's Committee on Law Enforcement Standards and Awards which had met in Fresno in February and had gone on record as supporting the concepts of voluntary minimum standards. PORAC's John Lindquist had been appointed to this committee and Gene Muehleisen served as the chairman of committee.
May 7, 1958 the League of California Cities met in Berkeley and formed an ad hoc Joint Committee on Law Enforcement to discuss the LETA. Representatives included organizations composed of Chiefs of Police, City Managers, Personnel Directors, CPOA, The State Sheriffs, The County Supervisor Associations, The Attorney Generals Committee on Law Enforcement Standards and PORAC. It is interesting to note that members of PORAC were serving as representatives of several groups: John Lindquist, Attorney General's Committee, Ed Davis, PORAC, Bill Lovejoy (Oakland PD) for the League of California Cities and PORAC, and Gene Muehleisen for the Standards and Qualifications Committee of CPOA (and PORAC). Chief Wyman Vernon of Oakland chaired the meeting.
The joint committee agreed to amend the LETA to change the requirement of "examination by a medical doctor skilled in psychiatric evaluation" to "licensed physician and surgeon.
" The Committee also agreed to adopt the minimum requirements as set forth in the Act. The League decided that during the months of June, July and August, they would make every effort to contact the cities that did not meet these standards and encourage them to comply. At the end of this time the committee would meet again to receive the report on the progress to meet minimum standards. If the results were not satisfactory, Mr Richard Carpenter, Executive Director of the League, stated he would submit a motion to support the legislation.
The Committee also agreed to adopt the minimum requirements as set forth in the Act. The League decided that during the months of June, July and August, they would make every effort to contact the cities that did not meet these standards and encourage them to comply. At the end of this time the committee would meet again to receive the report on the progress to meet minimum standards. If the results were not satisfactory, Mr Richard Carpenter, Executive Director of the League, stated he would submit a motion to support the legislation.
On September 30, 1958 the joint Committee met once more and reviewed the survey conducted by the League. Out of 351 cities queried, 333 responded. The County Supervisors Association had 48 out of 58 counties respond. The results were:
As a As a result of the survey and the potential of state aid in raising standards the following motion was unanimously adopted:
3 Attorney General Pat Brown was running for election for governor at the time. He stated to the mmmmmm
4
25 cities did not fingerprint police employees.
27 cities did not do a fingerprint search.
29 do not search police applicants through state files.
49 cities did not search police applicants through FBI files.
37 cities do not require GED or High School.
72 cities do not require a medical examination.
136 cities do not examine candidates for emotional or mental defects.
113 cities do not require a written examination.
73 cities do not require training prior to assignment of duties.
15 counties do not require written examinations.
16 counties do not require physical examinations.
35 counties do not require emotional or mental defects examination.
31 counties do not train before assignment to duty.
"That the Joint Committee on Law Enforcement Standards endorse legislation which "Give the Attorney General the right to promulgate minimum standards and that would establish a formal Peace Officers Training Program with state financial participation to those cities and countries that met the minimum standards, that an advisory board approve the training facilities and curriculum."
In closing his report Gene Muehleisen stated "The unanimous adoption of this motion signaled a tremendous step towards the elevation of the Law Enforcement Profession in California to the highest possible level"
The work to establish the Law Enforcement Training Act (LETA) was reaching fruition, and the complex "webbing" of influential people and organizations by Gene Muehleisen was finally paying off. Ed Davis joined with the "professionalization team" of Muehleisen, Lindquist, and Ross, to help iron out the LETA and minimum standards. The attorney general became a strong proponent of LETA and the city and county administrators sat down with PORAC in serious discussion. When the League of California Cities own survey demonstrated the lack of police standards in the state the final major hurdle disappeared, and the stage was set for the 1959 legislative year.
The Law Enforcement Training Act had been drafted by PORAC with the assistance of County Supervisors Association (CSAC), The League of California Cities (LCC), and the California Peace Officers Association (CPOA). This was introduced as AB 1448 by Assemblymen George Crawford of San Diego (a former San Diego County marshal). Shortly thereafter the Supervisors Association withdrew their support for the legislation which was temporarily killed in the Assembly Ways and Means Committee. PORAC received help from Assemblyman Jessie Unruh who was chairman of the committee, and the bill passed out to the floor of the assembly where it received only 2 NO votes. The bill then went to the Senate Judiciary Committee where the merits of the bill were strongly argued by then Attorney General Stanley Mosk. The bill passed on to the Senate Finance Committee where it was killed, despite the fact that the majority of the committee had previously committed themselves to the bill. It was determined that opposition had developed from a Southern California American Legion Post that felt it was a move by pro-Communists to brainwash and gain control of the local police. "After this vicious and unwarranted attack we rolled up our sleeves and obtained help from the Governor and other important officials who were in favor of this legislation, and we were able to muster sufficient votes to obtain a "do pass" from the Senate Finance Committee" reported Ed Davis to the conference. "As you
know,” continued Davis, "the Governor has appointed the Commission on Peace Officers Standards and Training, and your desires in this matter have been fulfilled." Among those appointed to the Commission was Captain Gene
Muehleisen.
Gene Muehleisen gave his last report as PORAC's Professionalization Chairman. He spoke enthusiastically of the successful passage of AB 1448, PORAC's "Law Enforcement Training Act" and gave generous credit to Ed (Chief Ramrod) Davis and his Legislative Committee. "Ed has done a tremendous job" he stated, "and is almost solely responsible for the final adoption of this fine legislation." Gene gave credit to others that had assisted in the passage of the act but warned the delegates "The Law Enforcement Training Act of 1959 is a big step toward the establishment of Peace Officer Standards and Training, but the act alone cannot bring about high standards and adequate professional training. The successful achievement of the objectives will take careful planning, judicious use of funds, and progressive ideas and support from the ranks of Law Enforcement. PORAC should play a prominent role in this channel of improvement of the Law Enforcement profession.”
The Law Enforcement Training Act was passed in 1959, and implemented in 1960. Before the year was out Gene Muehleisen was appointed Executive Director of The Commission on Peace Officers Standards
And Training, under the Department of Justice. Gene was to remain in that position for many years, with a two-year break to serve on President Johnson’s Commission on Law Enforcement and the Administration of Justice, which recommended a POST Commission be established in all states to effect regulatory functions (17 states already had POST by this time.”
Today in 2014, California POST is the largest standard setting agency in the USA, and has been a leader since its inception. Where California Law Enforcement goes, so goes the other states…to some lesser extent perhaps.
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