Whistle-Blowing

The origin of the term whistle-blower is unclear. Some have argued that the word is derived from an English police officer's use of a whistle while trying to apprehend a criminal. Others have analogized the word with a referee who blows a whistle to announce an illegal action during a game. Although the word's origin is in dispute, its definition is not. A whistle-blower is an individual who reports the illegal or unethical behavior of his or her employer, coworkers, or some other business or government entity to the appropriate authorities. Whistle-blowers provide an important public service by reporting abuse, fraud, dangerous working conditions, a hostile work environment, or numerous other forms of misconduct.

Law enforcement officers have a heightened ethical duty to report the wrongdoings of their colleagues in order to secure the trust of the public whom they serve. The duty to blow the whistle on unethical behavior traditionally has been juxtaposed against an officer's moral obligation to support and defend the other officers and support personnel working in his or her organization. This support and defense has been termed “the Blue Wall of Silence,” a pejorative expression used to describe the refusal of police officers to engage in whistle-blowing.

In the late 1960s, this blue wall came crashing down when a New York City police officer named Frank Serpico blew the whistle on fellow officers who were engaging in illegal activities, including taking bribes from drug dealers and members of organized crime. Initially, Officer Serpico was unsuccessful in his reported attempts to convince his superiors to take action against the corrupt officers. Eventually, he went to the press. This led the mayor of New York to form a commission to investigate the claims of corruption in the New York City Police Department.

In the early 1990s, another officer, New York City Sergeant Joseph Trimboli, would also blow the whistle on a department that had failed to take seriously allegations of brutal and corrupt behavior on the part of a number of corrupt cops who operated in some of the city's toughest neighborhoods. As was the case some 20 years before, a commission was set up to investigate. The Mollen Commission recommended changes in the department's methods of handling reports of police wrongdoing.

These cases illustrate that police reforms, which have been adopted across the country, can be the result of a law enforcement officer who reports wrongdoing. Today, law enforcement officers are trained in their ethical obligation to report wrongdoing by fellow officers. Although the training differs in the various departments and agencies nationwide, the following elements should be common to all in the organization:

• A clear exposition of ethical standards should be codified and communicated to all members.
• Those who break this ethical standard must be dealt with swiftly, fairly, and uniformly.
[Page 502]
• Would-be whistle-blowers must be able to report concerns to superiors without fear of reprisal.
• Independent agents should be charged with investigating allegations of wrongdoing.
• Police should be reviewed and reformed as necessary.

Although police have a higher ethical standard to report wrongdoing among their own, the decision to become a whistle-blower is never taken lightly. It requires a careful review of the pertinent facts and the exercise of good judgment. Would-be whistle-blowers may expose themselves to risks for reporting wrongful behavior. The most significant risk is retaliation—being persecuted by the organization accused of wrongdoing. Before making the decision to become a whistle-blower, individuals should consider how confident they are regarding the suspected wrongful behavior. Important questions one should consider are, How certain am I that wrongful behavior has occurred? What is my true motivation for alleging misconduct? Does the alleged misconduct justify publicly reporting this behavior? Am I exposing myself to personal liability if a report is made?

...