Genre: Fiction
Subject: Nonfeasance by Authorities
Nation-X
Just Do Your Job
| Nonfeasance. Peter Kangas witnesses a police chase in which the police vehicle in pursuit does not stop to assist after the suspect’s car causes an accident. Officer Kieran made the decision to continue with the chase and even though the suspects were apprehended, ends up finding his future with the police force is in jeopardy. The story follows him realizing that the end goal is not always to catch the bad guys at the cost of everything else. |
The social issue reflected in this story:
by Bridget May Levis
Illustrated by PPA
Table of Contents
CHAPTER 1: An Unexpected Road Trip.. 1
CHAPTER 2: Car Number 15’s Driver. 6
CHAPTER 4: The Records Room… 15
CHAPTER 5: Public Servant Not Public Hero.. 20
CHAPTER 6: The Disciplinary Committee. 23
Answer Key………………………………………………………………………………………30
CHAPTER 1: An Unexpected Road Trip
“Hey Peter,” Alfonse yelled from the office, “what have you got going on this afternoon?”
“Not too much,” Peter replied, wiping his hands on his overalls as he walked towards the office. “What do you need?”
“Feel like going for a drive?” Alfonse asked, knowing that Peter was always keen to take a road trip somewhere. “The exhaust valve we ordered yesterday didn’t make it on to the delivery truck from the warehouse in Green City, the next delivery truck is in a week, and even if they courier it, the soonest they can have it to us is four business days.” He continued, “we don’t have too much on this afternoon or tomorrow morning, would you drive down and pick it up? I can book a motel for you to stay at if you don’t feel like driving there and back today.”
“Sure, Dad, I’ll go pick it up,” Peter paused, with a cheeky look in his eye. He added, “if I can take the truck.”
Alfonse laughed; they had recently purchased a new truck for the Auto Shop. It was black and had the Kanga’s Auto Shop logo screen printed on both doors in red and white. Peter loved it and drove it every chance he could.
“Sure, don’t get any speeding tickets, though!” Peter ducked as Alfonse threw a rag at him, he got one speeding ticket years ago just after he had gotten his license and his dad never let him forget it.
“Very funny,” Peter bent down to pick the rag off the floor where it had fallen. “But, yes, I’ll go. And if you could book a motel, that would be good too. I think ten plus hours driving would be a bit much, even for me.” Peter enjoyed a long drive – within reason.
“Good. If you leave by lunchtime, you should be there before 6:00 PM when they close.”
“OK, can do,” Peter replied. “I will finish the oil change on the vehicle I’m working on, and then I’ll get going; I’ll get myself some lunch on the road.”
“Thanks, Peter,” Alfonse said, relieved as he threw him the keys to the truck. He did not have the patience to wait for the exhaust valve to arrive next week, and he knew the customer would not be happy either. This solved everything.
Peter finished the oil change he had been working on and headed home to have a quick shower and change out of his dirty overalls. Just before lunch, he was on the road to Green City. He had his favorite music and snacks and was thrilled to spend the afternoon driving.
It was a sunny day with hardly any clouds and not many cars on the highway. Peter enjoyed the drive. He made it to the parts warehouse and picked up the exhaust valve in good time.
Alfonse had booked him a room at a motel on the outskirts of Green City, so he entered the address into his GPS and followed the directions. He noticed the route outlined had two distinct options, one was back onto the highway, and the other was through the outer suburbs. Peter decided to rake the scenic route. He had just spent hours on the road and was interested in driving through an area of Green City he had not been in before.
It was dusk when he got to a T intersection. He was about to turn when he saw a light-colored vehicle traveling at high speed on the road, heading in the same direction he was about to turn. Behind it was a police car with its siren on and lights flashing. Peter waited and watched them go by, noticing the police car had the number 15 on the roof from his vantage point in the truck. He pulled out, following the chase at a safe distance.
Up ahead, he could see a car pulling into the intersection. They obviously had the green light. Peter held his breath, anticipating an accident. The pursued vehicle clipped the back of the car that had pulled into the intersection, making it spin around. The car kept going, and the police car did too. They both sped off down the road without even slowing down.
Peter was shocked! He was pretty sure a police car should stop a chase when it was dangerous to other motorists or at least when they witnessed an accident!
The hit car had spun through the intersection and slammed into a streetlamp pole before it came to rest. The car had a flat tire from hitting the curb, and the back corner was munched up. The passenger side doors were smashed in from the impact of the pole. There were not many other cars at the intersection. He was the first one to reach the crash. He could see one person in the vehicle. Peter could also see the airbags had deployed, and there was a cloud of steam (or powder) wafting into the air from the broken windows on the passenger side. He quickly jumped out and ran around to the driver’s door. He could see the driver still with his seat belt on, looking stunned. At least he hadn’t lost consciousness, Peter thought with relief. He carefully opened the driver’s door; Silas Sullivan (68 y/o) Sulawesi Bear Cuscus turned to look at Peter. His eyes were wide like he didn’t fully understand what had happened. Peter could tell that he was in shock.
“Are you OK, Sir? Are you hurt?”
“What happened?” Silas asked, confused and disorientated.
“You were hit by another vehicle. Are you in pain?” Peter repeated.
“I don’t know. I don’t think so. Where are my glasses?” Silas replied. “Was it my fault?”
“No,” Peter said, “you were the victim of a hit and run.”
Peter saw the glasses on the dashboard of the car. He picked them up, cleaned them off with his shirt, and handed them to Silas. He put them on, one of the lenses was broken.
“Don’t move,” said Peter, remembering his first aid training from school. “I’m going to call an ambulance.”
Peter ran back to the truck and grabbed his phone. He dialed 9#2 and reported the accident. Dispatch told him they would also send an officer to the location.
Peter agreed to wait with Silas for emergency services.
He walked back over to the car. He could see Silas struggling to get out of the vehicle. “Would you help me out, sonny?” Silas pleaded, “I just want to get out of here.” Peter wasn’t sure if he should move the older man, but Silas was incessant. He leaned heavily on Peter as Peter guided him to his truck to sit down.
They could hear sirens in the distance. Silas leaned forward to rest his head in his hands, “I don’t feel very good.”
“It’s OK. Help will be here any moment.” Pete assured him. They could hear sirens drawing closer.
The ambulance pulled up, followed closely by another police car.
The EMTs from the ambulance came over to speak with Steve. Officer Congo got out of the vehicle and walked over to Peter.
“Did you witness the accident?” he asked him.
“Yes, Sir, I did,” Peter replied. “There was a police car chasing a suspect, they both blew through the intersection, and the car in front clipped the back corner of this car,” he said, motioning to the wrecked car.”
“And what did the police vehicle do?” Officer Congo asked.
“Kept on going after the vehicle it was chasing,” Peter confirmed.
“Can I ask you to come to the station and give a witness statement?” Officer Congo asked.
“Yes, of course.” Peter agreed.
Peter could hear other sirens in the area and wondered how many police were called out to the accident.
A tow truck pulled up as the ambulance was pulling away, and Officer Congo gave Peter the address of the local police station.
Peter arrived at the police station a short time later and gave the officer, Jette Rodgers (25y/o) Okapi, his witness statement at the front desk. She tapped away furiously at the keyboard while he spoke. He was surprised that she didn’t say anything when he mentioned that the police car chasing the suspect did not stop. She had him sign the witness statement and gave him Officer Congo’s contact details. “Officer Congo will be the officer in charge of the case, and you can contact him if you have any questions.”
“OK, thank you,” Peter replied, surprised that a couple of hours had passed. It was dark as he left the police station, and he wondered what would happen next in the case and what would happen to the officer involved. As he drove towards the motel, he remembered that Alfonse said it had a gym. Peter put the whole episode out of his head and started thinking about his workout.
CHAPTER 2: Car #15’s Driver
After the ambulance had pulled away and the tow truck had removed the crashed vehicle, Officer Congo had taken witness statements from the other witnesses at the scene of the crash who had come forward while he was on site. Then he went to the hospital, where the ambulance had taken Mr. Sullivan for a thorough checkup. Silas was still disoriented and did not fully comprehend what had happened to him and his car. The Dr. thought it best to admit him for observation for the night.
When Officer Congo returned to the station, Officer Rodgers greeted him, “The witness to the hit and run accident you attended came in and gave a thorough witness statement,” she looked serious. “I think you should read it; I left the file on your desk. It involves one of our own”
“Thank you, Officer Rodgers. Yes, the other witnesses had mentioned that too. I don’t like the sound of that.” He said to her as he poured himself a coffee.
“From the statement, it looks like we may have a nonfeasance allegation.” Officer Rodgers looked at her computer.
“Well, we will just have to investigate it the same as any other hit and run.” Officer Congo said. They didn’t make eye contact. They both knew it was always tough investigating one of their own staff members. She didn’t say anything else as the phone at her desk was ringing, and she went to answer it.
“OK,” he sighed as he headed to his desk. Officer Congo was experienced with the force and had only encountered a couple of nonfeasance situations in his long career. However, it was never very pleasant and usually disappointing to realize a brother or sister on the force had turned away from their duty when they were needed.
As he read the report, he was pretty sure he knew who was driving car #15. Officer Congo had his suspicions when he was talking to Peter but knew he had to check first. He radioed the garage to confirm the driver. He then requested that the dashcam footage be uploaded and emailed to add to the report once the car returned to base.
Officer Kieran had been assigned #15. He was a newer recruit to the Green City Police Dept. Officer Kieran was kind and enthusiastic but very excitable and could be impulsive at times. Still, he was an enthusiastic member of the Department and an asset overall. Officer Congo shook his head, wondering what Officer Kieran had been thinking. Thank goodness nobody was seriously injured. He knew he would have to investigate and take his findings to Captain Beazley, (52y/o) Grizzly Bear, and possibly the Dept of Internal Affairs.
Officer Congo got busy entering the details of the other witness statements into the file. There were steps to be taken to ensure the investigation was conducted correctly. He radioed Officer Kieran and asked him to report back to base. Officer Kieran sounded apprehensive, “Of course,” he replied. “Is there something wrong?” He asked innocently.
“We have allegations of a hit and run involving your assigned car number 15, and we need you to make a statement.” Officer Congo said grimly.
“Oh, OK,” Officer Kieran replied. He paused
“I can explain.”
“Yes, when you are back at the station.” Officer Congo answered.
He got back to the witness statements.
A short time later, Officer Kieran returned to base.
Officer Congo took him into one of the interrogation rooms to video the interview.
“Would you like to tell me about the incident at the intersection of Mayflower and Dominion Road earlier this evening?” Officer Congo started.
“Yes, Sir.” Officer Kieran fidgeted with the pen and paper sitting in front of him. “I was on patrol, in car #15, driving along Dominion Rd. I observed one person running out of the convenience store on the corner of Dominion and Maple St. They were conspicuous, pulling something off their head and carrying a plastic grocery bag. They got into the car waiting outside and sped away. Right then, the shopkeeper ran out yelling, “Help! I’ve just been robbed!” I saw the opportunity to follow the getaway car and took it.” He explained.
“Did you radio for backup?” Officer Congo asked.
“Yes, Sir,” Officer Kieran confirmed, “Right after I ran the plates and saw that it was a stolen vehicle. I reported that I was pursuing the suspect and requested back up.”
“OK, why don’t you tell me what happened next?” Officer Congo pressed. He was cautious of passing judgment or having his opinion color the interview. Personally, he was disappointed in Officer Kieran’s choices, but he knew rookies often made giant blunders in their first few years with the police. Officer Kieran had shown so much promise and had only recently been able to patrol solo. The new recruits were partnered with a more experienced officer for the first few months.
“Well, I followed them down Dominion Rd, with my lights flashing and siren on. As we approached the intersection of Mayflower and Dominion Rd, the suspect ran a red light and hit the back corner of a vehicle that had entered the intersection.”
“What happened next?”
“The suspect kept traveling at a high rate of speed through the intersection.”
“And…what did you do?” Officer Congo pressed.
“I kept pursuing them. Dispatch told me that two more patrol cars were on their way, and I knew we could catch them!” Officer Kieran was excited by the memory of the chase.
“Did you check the welfare of the occupants in the vehicle that was hit by the suspect’s vehicle? What did you do to assist in the situation?”
“The accident wasn’t too bad; I thought it was more important to catch the suspects.” Officer Kieran was nonchalant.
“How did you know the accident wasn’t too bad?”
“There was only one car involved, and it wasn’t a head-on crash or anything.” Officer Kieran trailed off.
Officer Congo asked, “Did you radio the hit and run accident into base?”
“No, it didn’t occur to me.” Officer Kieran replied, feeling the excitement of the chase slip away while starting to realize he may have made a mistake.
Officer Congo took a deep breath, shaking his head. “You know the protocol involving an accident. Why did you choose to ignore it?”
“It didn’t occur to me, and it seemed obvious to chase the stolen vehicle and make an arrest.” Officer Kieran defended himself. He paused, the weight of his momentary lapse of judgment swept over him.
“Oh boy, I messed up, didn’t I?”
“Well, what you did is potentially classified as a nonfeasance. Do you understand what that means?” Officer Congo asked sternly.
“I’m not sure,” Officer Kieran answered uncertainly.
“Nonfeasance is the failure to do your duty or to perform an act that is obligated to be done. There will be disciplinary action.”
“What about the suspects I pursued?”
“Did you catch them?”
“Yes, once the other two patrol cars intersected the chase, we performed a rolling stop on the highway with a tactical vehicle intervention.”
Officer Congo knew this was a very effective pursuit tactic by which a pursuing car could force a fleeing car to turn sideways abruptly, causing the driver to lose control and stop.
“I have requested the dashcam footage, which will be reviewed, and I have no choice but to turn this over to internal affairs and Captain Beazley, but your concern should be more about the future of your career with the Southland Police.”
“Oh,” Officer Kieran realized he might be in big trouble.
CHAPTER 3: The Next Steps
Officer Congo finished his report and put it on Captain Beazley’s desk before finishing his shift.
Nonfeasance was a serious charge, but a thorough, fair, and impartial investigation had to be completed before a misconduct charge would be considered. There were degrees of nonfeasance.
Officer Congo could tell that Officer Kieran had not thought about the consequences of his actions or inaction as the case was. As he had noted previously, Officer Kieran was impulsive and over-enthusiastic. He was a young policeman and had a promising future with the force, which Officer Congo had previously thought. This incident was quite a misstep on Officer Kieran’s part. Contributing indirectly to an accident and not stopping to assist went against everything a member of the police force was trained to do as his duty.
The following steps would be an investigation of the events, and if necessary, Captain Beazley would involve internal affairs if a charge was to be brought against Officer Kieran.
Officer Congo hoped that would not be necessary. However, he reminded himself that discipline was not punishment and that it was a positive form of training and could be an essential and constructive tool.
Cases of nonfeasance were defined as the intentional failure to perform a required duty or obligation. And there were three degrees of seriousness. When it came down to it, Officer Kieran appeared to deliberately pursue the suspects instead of stopping to assist the car accident victim.
Officer Congo put it out of his head, as he knew he did not decide the disciplinary action. He had done his job, taken all witness statements, and written a report on the incident as required. The next move was up to Captain Beazley.
The day started with the usual meeting in the morning, including roll call and announcements. Captain Beazley shared the announcements, and updates were given on anything that needed attention, special assignments were made, and the BOLO (be on the lookout) alerts were issued.
Officer Kieran nervously sat through the meeting. Although he was doing his best to pay attention, he had not slept very well the night before as he replayed the early evening events over and over in his head. He genuinely thought he was doing the right thing. Catching the suspects was important!
He felt they should be more appreciative of that rather than focusing on his minor infraction.
There had been multiple armed robberies of convenience stores in his patrol area, and as far as Officer Kieran could see, it was only a matter of time before someone was shot in one of these robberies. He was protecting the good citizens of Green City by pursuing and catching the suspects. He didn’t fully understand why he was in trouble; he had caught the suspects. With some help, of course, but still.
At the end of the meeting, Captain Beazley dismissed everyone. Officer Kieran felt relieved, which didn’t last long. As he was walking out of the room, he heard, “Officer Kieran, my office. Now!”
“Yes, Sir.”
He involuntarily shuddered. Captain Beazley was a big guy with a gruff voice. He could be very intimidating.
Officer Kieran took some deep breaths as he walked toward the office. Captain Beazley was already seated at his desk when he entered.
“Close the door behind you, please.”
Officer Kieran did what he was told.
“First of all,” Captain Beazley started, “Good job on the suspects that were caught and arrested in the stolen car. It turns out they are part of the gang that has been robbing the convenience stores in West Green City.” Officer Kieran momentarily felt proud that the Captain recognized his work. Captain Beazley continued, “they caved pretty quickly after a night in the lock-up, the driver will be charged with leaving the scene of an accident. They even turned in the location of their HQ.” Captain Beazley leaned back in his chair. “No honor among thieves, that’s for sure.”
Officer Kieran smiled and nodded at Captain Beazley, “Yes, Sir!”
He fixed Officer Kieran with a solid stare. “Unfortunately, your good deed has been negated by your disregard for public safety.” Captain Beazley had the file of the initial report from Officer Congo on his desk. “Do you know what nonfeasance is?”
Officer Kieran shook his head. “I don’t think so,” he said quietly.
“It’s a failure to do something when there is a legal duty to do so, especially by a person in authority: which is you.” Captain Beazley said sternly.
“It is your duty to protect and serve the public, not ignore an accident caused by a pursuit you are involved in. We have protocols in place for a reason.” Captain Beazley shook his head. “Your actions reflect on everyone who wears the uniform.” He picked up the newspaper lying on his desk and thrust it at Officer Kieran. “Now we also have this PR nightmare to deal with.”
On the front page, there was a picture of the smashed-up vehicle at the intersection and bold headlines that screamed: “Green City’s Finest Involved in Hit and Run.”
“Oh man,” Officer Kieran sighed. He didn’t say anything else. “I’m sorry.”
“No point in being sorry now,” Captain Beazley said gruffly. “What’s done is done.” He moved around the front of his desk and leaned against the front of it, facing Officer Kieran so that he was towering over him. “But what you have done is displayed a stubborn single-mindedness that is detrimental to all involved.”
“I have ordered a thorough investigation on this incident; you will be on desk duty while this is investigated.”
Officer Kieran knew desk duty was reserved for officers involved in a high-profile event that was viewed negatively by the public. Time was needed to investigate the matter properly, and keeping them away from all public contact was safer for all those involved.
“You are to report in civilian clothing and complete assigned tasks here at the station. If you are cleared, then you will be placed back on regular duty once the facts quell the initial public response.”
“What if I’m not cleared?” Officer Kieran Asked nervously.
“If you are found to have violated the law or departmental policy by nonfeasance, then the appropriate legal action will be taken. Once the thorough investigation is complete, you will meet with the Disciplinary Committee to discuss what action they recommend.” Captain Beazley walked back around his desk and sat down.
“You can report to the records room today. Officer Murray will direct you on your duties for the day.”
“Yes, Sir.” Officer Kieran got up and left the office. Working in the records room was boring, and he knew he would spend his day alone in the filing room, checking report numbers, filing old case reports, and pulling discovery requests.
CHAPTER 4: The Records Room
Captain Beazley made Officer Kieran take the file cart with him. He was embarrassed to be wheeling the old and squeaky cart, everybody could hear him coming, and it was apparent he was being punished.
He felt conflicted, nobody was very hurt in the accident, and he caught the criminals. Why was everyone acting like he had done something so wrong?
As he took the elevator to the basement and entered the Police Records Room, he was sure that this would all blow over, and he would be back to regular duty in no time. Indeed, they would see the good work he had done, and that would outweigh the small oversight he had concerning leaving the scene of the accident? Wouldn’t they?
The records clerk Officer Michael Murray (56 y/o) Gopher, greeted him. “Hello, and welcome to the records room,” he adjusted his glasses and looked up at Officer Kieran, “What’s your name, son?” he asked kindly.
“It’s Officer Kieran. I’ll be working down here today,” he replied, observing that Officer Murray’s glasses were so thick he wondered how he could see out of them. He looked old and slow; Officer Kieran figured he must be close to retirement.
Officer Murray took the files from Officer Kieran and shuffled over to his desk, “Oh, that’s great, I could always use help down here.” He picked up another pile of different files and put them on the roll cart next to his desk. “This is essential work here; the state of the records room can make or break a Police Station.” He kept talking as he moved around the office and then sat down at his desk.
“So, what did you do?” He asked, adjusting the glasses that had slipped down his nose.
“I caught the guys who were part of the gang that has been robbing and terrorizing the convenience stores in west Green City,” Officer Kieran said proudly.
Officer Murray looked confused, “so, why did they send you down here? That’s a privilege you only earn if you have committed a serious lapse in judgment and neglected your duty. What else did you do?” He lifted his head and fixed him with a soul-penetrating stare. “I feel like you are only telling me part of the story.”
In actuality, Officer Murray already knew the whole story. He had seen the newspaper that morning, and he had spoken with Captain Beazley already. They had worked together at the same station for over twenty-five years and often shared coffee in the morning before their shifts began. But Officer Murray was interested to see what this young one had to say about the pickle he was in.
“When I was pursuing the suspects which I had witnessed run out of a convenience store they had just robbed, they hit a vehicle in the intersection which caused it to crash, and I didn’t stop to offer assistance.”
Officer Kieran said the last part quietly. He was looking down.
“Ahh, swept away by the thrill of the chase, I see.” Officer Murray said with a smile. “How did that make you feel?”
Officer Kieran thought that was a strange question, “about the accident? Or catching the bad guys?”
“About both incidents.”
“I felt proud that we caught the bad guys.” he trailed off.
“It’s exciting to chase a suspect, isn’t it?” Officer Murray smiled to himself, remembering his earlier career.
“Yes! It’s the part of the job I love the most!!” Officer Kieran said with excitement.
“What about the accident?” Officer Murray noticed his whole demeanor changed. Officer Kieran seemed to be struggling with frustration and impatience. Officer Murray was quietly watching, waiting to hear what he had to say.
“I saw the suspect’s car clip the corner of the other car, and I didn’t stop. I saw it spin around, but I also saw there was nobody else in the intersection, so I kept going with the chase, I figured that it would just come to a stop, and they’d be fine….”
“How do you feel about that now?”
“Pretty awful. I honestly didn’t think it would be such a big deal.”
“Really, why not?”
“I don’t know. I just didn’t think everyone would freak out.”
“What do you mean freak out?” Officer Murray asked.
“Well, I caught the suspects….” Officer Kieran still didn’t think his decision was that terrible.
“Wait,” Officer Murray couldn’t contain himself, “what do you think the purpose of your career choice is? By definition?”
“To protect and serve?”
“But do you believe that? What you’ve just told me is that you failed to perform an act that was your duty to perform, but you chose not to because you were doing something more exciting.”
“Well, I guess if you put it that way….”
“What was the Oath you took? Do you remember that?”
Officer Kieran thought for a moment, “Yes, I remember,”
“What was it? Tell me the Oath.” Officer Murray adjusted his glasses and stared at him.
Officer Kieran thought Officer Murray had lost his mind. He didn’t understand what he was trying to achieve but cleared his throat anyway and recited the Oath he took.
“I do solemnly and sincerely declare that I will faithfully serve all citizens of Green City according to the law as a police officer, that I will obey, uphold, and maintain the laws of Nation-X, that I will execute the powers and duties of my office honestly, faithfully and diligently without fear of or favor to any person and with malice or ill-will toward none, and that I will obey without question all lawful orders of those set in authority over me.”
“Tell me then, Kieran, did you commit that meaning to heart, or did you just memorize the words to rattle them off?” Officer Murray asked.
“I committed them to memory,” he replied, attempting to understand. “I don’t know if I committed them to heart?” Officer Kieran questioned himself.
“Do you think not stopping to check on the driver at the intersection was faithfully serving that citizen?”
“Well, no, but….”
“Do you think you obeyed the oath you took?”
“Well….” Officer Kieran squirmed under the scrutiny. “No.”
“Look, I know stopping to assist an accident is boring compared to the thrill of a car chase. But what if the driver had died? Or hit someone else? What if that was your mother or father or grandparent? Would you expect the officer pursuing the suspect to stop and assist? Would you be angry if they had not?”
“I had not thought of it like that.” Officer Kieran admitted.
“Well, maybe you should. As part of law enforcement, police officers have four major responsibilities: enforcing laws, preventing crimes, responding to emergencies, and providing support services. You don’t get to choose who you protect and serve. Remember you are a public servant, not a public hero.” Officer Murray pushed the cart towards him, “enough chit chat, you need to get these filed, then you can pull these for evidence.” He handed him the sheet he had just printed. “You better get started.”
“Yes, Sir.” Officer Kieran pushed the cart out of the office and picked up the first file. He had a lot to think about.
CHAPTER 5: Public Servant Not Public Hero
It was a long, tedious day for Officer Kieran; Officer Murray had said some things that stuck in his mind. Upon reflection, he discounted the car accident caused by the suspects he was chasing, and it didn’t even occur to him to stop.
He replayed the whole thing in his mind over and over. He was trying to pinpoint the moment he missed. He was so excited to be pursuing the suspects he had forgotten that he was the one in charge of the situation. That alone made the police department look bad. He thought back to all the times he had gotten into trouble as a kid because he was fixed on one thing and had demonstrated a complete disregard for anything or anyone that got in his way. It was a good thing when he was playing high school sports, and he had always counted it as one of his strengths. Officer Kieran had never thought it would be detrimental to his career.
“You are a public servant, not a public hero.” Officer Kieran repeated that sentence to himself. He realized that it was a habit he needed to break. Having such a single-minded focus to the point that other people and their property is at risk because of him was unacceptable. Officer Kieran wanted to be the good guy and not the reckless one!
At 5:00 PM Officer Murray told him he could clock out. Officer Kieran returned the cart to Officer Murray’s office. “Don’t be too hard on yourself, boy.” He patted Officer Kieran on the arm, “they don’t call it ‘Rookie Mistake’ for nothing.” Officer Kieran gave him a confused look, “what’s a rookie mistake?” he had never heard the term before.
Officer Murray laughed, “it’s a mistake caused by a lack of experience, a lack of attention, a lack of care, or any combination of the three. Which, right now, is you, son.” He said kindly.
“Huh,” said Officer Kieran. It was an accurate description.
“Don’t worry though, “Officer Murray continued, “almost everybody makes a rookie mistake when they are new to the force.”
“Everybody?” Officer Kieran tried to imagine what some senior officers had done in their early career days. “Can you tell me some of the things they’ve done?”
Officer Murray thought for a moment, “Well, I won’t mention names, but there was one time when someone left their patrol car in park as they jumped out to apprehend a suspect and forgot to undo his seatbelt, so he got dragged by his patrol car as it rolled into the car in front of it.”
Officer Kieran laughed, “Oh wow, were they injured?”
“Nothing major, mainly a grievous injury to their ego. There was another rookie who had left their car running as they got out to question a motorist, and someone stole it.” He nodded at the memory, “that suspect then drove it into the swamp after stealing the radio and computer out of it.”
“Wow, that’s awful,” Officer Kieran said, “I guess you’ve seen a lot.”
“Yup, in the 35 years of active duty, I’ve lost count of how many dumb things rookies have done. So don’t beat yourself up too much – besides, that’s the job of the disciplinary committee.”
“Oh right.” Officer Kieran was not looking forward to that. But he accepted that he needed to face the consequences of his actions and was beginning to understand his expected role. He thanked Officer Murray, taking the elevator up to the ground floor.
Officer Kieran reported to work in his civilian clothes for the next week, which felt weird. He was still required to attend the morning meetings, and although nobody said anything to him about the accident, it was apparent everybody knew he had messed up big time. Not wearing the uniform made him feel very conspicuous. He was stuck doing the monotonous tasks that nobody wanted to do. He had to check all of the station and vehicle pool fire extinguishers and first aid kits and the vehicle service dates and arrange services or replacement kits. He also had to inventory the station firearms and radio’s and prepare a report against the station inventory. He searched all vehicles and offices for unfiled paperwork and evidence. Checked the sign-out logs and then prepared a written report on deficiencies, including a declaration to have diligently searched and investigated every possibility, including the tech workshops where they may have been sent for repair. And so it went on and on. Nobody spoke to him, and he spent a lot of time thinking. He was bored, but he was busy.
Towards the end of his fifth day of desk duty, Captain Beazley called Officer Kieran into his office. Officer Kieran waited patiently while Captain Beazley was on the phone. He gazed around the office, observing the awards on the wall. He had a 25-year service award too,
“The investigation has been completed. The Disciplinary Committee is meeting tomorrow at 7:00 AM. You are required to attend and wear your uniform as if you were reporting for duty.”
“Yes, Sir,” He was relieved to be able to get back into his uniform. He had not enjoyed feeling like he did not belong by wearing regular clothes.
CHAPTER 6: The Disciplinary Committee
The following day, Officer Kieran arrived at the station. His uniform was pressed and fresh. He did not know what to expect. He had spent plenty of time reflecting on his actions and genuinely felt disappointed in himself, but his resolve was solid. He would do better and be better.
He waited outside the conference room, waiting to be called in. After what seemed like an hour, he was summoned into the conference room. There were five members seated at a long table, all facing the direction of the door. Officer Kieran was told to take a seat on the one chair set up in the front of the table facing them.
The Disciplinary Committee was made up of two Senior Officers: Officer Congo and Officer Maroney, (32), Gazelle, Inspector Anderson, (40) Lioness, Senior Detective Garrison, (36), Zebra, and Captain Beazley.
Officer Kieran was nervous, and he concentrated on his breathing. He was relieved to see that the Commissioner or Deputy Commissioner were not present. On one level, he felt that was a good thing. Hopefully, it meant that he would not be charged with a crime.
Captain Beazley spoke first, “We have completed the investigation of the events that unfolded last week and reviewed all available camera footage. Detective Garrison has the summary.”
Senior Detective Garrison looked down at the laptop in front of him. He cleared his throat before speaking. “Officer Kieran, we have thoroughly reviewed the events of the evening in question, including witness statements, dashcam, and red-light camera footage, as well as your statement. All accounts of the incident are consistent, and we find that there are no grounds for a nonfeasance charge. When a person willfully fails to perform their duty, the action must meet specific criteria to be considered nonfeasance. The law of tort requires the following three criteria to be satisfied:
1. The officer who failed to act is the person who would be reasonably expected to act.
2. The officer did not take the appropriate action as expected. It means that the officer expected to act did not take appropriate action as required by law or their position.
3. The officer’s inaction caused harm. It means that by the person not taking action, there was an injury to a person or damage to property.” He paused and looked at Officer Kieran, “We have found that you are guilty of two of the three criteria.”
Officer Kieran said nothing. He didn’t know where to look. On the inside, he felt relieved, but he did not know where this was going. But it was good he would not be charged with nonfeasance.
“We have found that you failed to act when required, and choosing to continue the pursuit demonstrated disregard for the well-being of the driver of the vehicle that was hit in the intersection. Although it was not your vehicle that hit the vehicle and caused the accident, it was your responsibility to stop and offer assistance. And unfortunately, your actions do not stand out as a decision made by one person, but instead cast a negligent light on the entire Green City police force.”
Officer Kieran blew out his breath with a loud sigh. It came out louder than he intended.
He paused. “Is there anything you would like to say?”
“Yes, Sir,” Officer Kieran replied as he stood up and addressed the committee, “I realize that my lack of action is inexcusable, and I am not here to offer an excuse for my behavior. I have replayed the events of that evening over and over a million times in my head. I was wrong. I don’t know why it didn’t occur to me to call off the chase; I had already radioed for backup. I was single-mindedly pursuing the suspects, and I didn’t think about my duty or responsibility to the public. I never meant to make the force look bad. I just didn’t think. I was so focused on catching the suspect. I am so sorry. I hope I have not blown my chances to remain with the Green City Police Department. But I understand there are consequences to my lack of action, and I am prepared for whatever has been decided.” He finished and sat down again.
Inspector Anderson spoke up, “Thank you, Officer Kieran. Would you please wait outside so that we may discuss the best course of action in terms of discipline?”
Officer Kieran left the room and waited nervously outside.
After a while, which again seemed like hours, Officer Congo called him back in.
This time he remained standing as Inspector Anderson addressed him,
“We have taken into account the time you have already spent on desk duty and considered your spotless record to date and have decided that the best course of action is effective retraining on patrol procedure and defensive driving. You will also be required to assist Green City High School’s Drivers Ed program for the next quarter.”
“Oh, thank you!” he gushed with relief. Although he knew Driver’s Ed was a drag, he was grateful that his punishment was not worse and that he still had his job!!
She continued, “this incident will not become a blemish on your record but will serve as a solid reminder that your main responsibility is that of a public servant.”
“Yes, Ma’am. Thank you. Thank you all so much!” Officer Kieran was overcome with joy. “You won’t be sorry. I will prove that I am the best rookie ever!”
“OK, son, “ Captain Beazley, “back on duty, make sure you’re at the meeting to receive your assignment.”
“Yes, Sir.” He walked out into the hall and could barely contain himself as he made a triumphant fist pump to the sky.
He would show them all what a great police officer he would become, and he would never make such a mistake again.
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