RUNNING HEAD: LEPS 580 MODULE 6: NEGOTIATE COLLABORATIVELY

LEPS 580 Module 6: Explore Resistance & Negotiate Collaboratively

Sean Kearney

University of San Diego

MODULE 6: EXPLORE RESISTANCE & NEGOTIATE COLLABORATIVELY 2

Module 6: Explore Resistance & Negotiate Collaboratively

As the Assistant Chief prepares to intervene in a situation in which an officer may soon

be terminated for failing to activate a body-worn camera (BWC) during a critical incident, using

Cloke and Goldsmith’s (2011, p. 277) reasons for resistance in a conflict will be beneficial. In

this case, there is a “perception that the process used to resolve the dispute is unfair or one-

sided.” There appears to be incomplete information bearing upon the Chief’s contemplated

decision to terminate the officer. A fundamental sense of truth and fairness in how we deal with

our employees must be the guiding principle. There is a very real possibility that the officer’s

equipment malfunctioned, leading to the camera failing to activate and capture a confession from

a mass murderer. The Assistant Chief has a responsibility to the agency to be a logical voice of

reason, and in this instance has righteous cause to “die on this hill in a pile of brass” for

something that he strongly believes in.

In response to this conflict, two powerful tools from Cloke and Goldsmith should be

utilized in the meeting with the Chief. The first tool is listening empathetically and responsively

(Cloke and Goldsmith 2011, p. xxix) to the Chief and her reasoning for pursuing termination of

the officer. Taking in information “…with an open mind and an open heart…” will allow for the

Assistant Chief to ensure that there is not pertinent information he is unaware of that would

change his opinion, such as a substantiated truthfulness issue on the part of the officer. It will

also open the Chief’s heart and mind to hear out the Assistant Chief’s point of view, which is

that caving to pressure from the outside and making a scapegoat out of the officer is

incompatible with the ethical principles inherent in public safety leadership. A very real

possibility exists that a wrongful termination lawsuit would result from the firing of the officer in
MODULE 6: EXPLORE RESISTANCE & NEGOTIATE COLLABORATIVELY 3

this set of circumstances, which would further distract the department from its mission of public

safety.

Separate what matters from what gets in the way (Cloke and Goldsmith 2011, p. xxix) is

the second tool that should be used to convince the Chief that she should join the “good fight” to

keep the officer employed. Terminating an otherwise outstanding officer over either a single act

of omission in an extremely stressful moment or an equipment failure that the officer should not

be held responsible for is absolutely the wrong thing to do. Doing the right thing is what

matters, and the media, the prosecutor, and many others are getting in the way after giving the

officer the benefit of the doubt in her rendition of the events. The District Attorney seems to be

upset over losing an element of the case, but there remains plenty of evidence for conviction.

The prosecutor can still put the officer on the stand to testify about the statements made to her,

and let the jury decide their veracity given the totality of the case. Turning negatives into

positives is well within the job description of a prosecutor, and the officer’s previous outstanding

record will make this task easier. Additionally, the issue of defective BWC equipment deserves

further study in order to prevent another potential failure at a critical time.

In conclusion, meeting with the Chief, listening to the facts and emphasizing what

matters using Cloke and Goldsmith’s tools, and urging her to make a logical and ethical decision

rather than a short-sighted emotional one is the proper course of action. Choosing a hard right

rather than an easy wrong is the mark of a true ethical leader, and it is the job of every follower

to pull their superiors back from the edge of the cliff when they are preparing to do something

incompatible with their values. The Chief has entrusted the Assistant Chief with the authority

and responsibility to utilize proven judgment and leadership qualities, and the time is now to

apply these principles for the best possible resolution.

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References

Cloke, K. and Goldsmith, J. (2011). Resolving Conflicts at Work: Ten Strategies for Everyone
On the Job. San Francisco, CA: Jossey-Bass.

LEPS 580 Presentation 6 (2018). Retrieved from USD Blackboard.