Addressing the High Cost of Bad Law Enforcement Hires

A recent article from Lexipol addressed the need to conduct adequate background investigations for potential law enforcement officers.

Recruiting and retaining quality personnel has always been a challenge in law enforcement. In today’s climate, making sound hiring decisions is more important than ever. Poor hiring choices can result in severe consequences—ranging from performance issues and low morale to legal liability and loss of public trust.

In the Lexipol webinar, “Why Law Enforcement Hires Go Bad—And What We Can Do About It,” panelists Gordon Graham, Lexipol Co-Founder, and Bruce “Coach Sok” Sokolove, Principal at Field Training Associates, shared insights drawn from a combined 107 years of experience in law enforcement. This was the first session in a two-part series addressing critical hiring failures and actionable solutions.

The True Cost of a Bad Hire

Both Graham and Sok emphasized that a single poor hiring decision can damage not just an agency, but the entire profession. Hiring someone with the wrong temperament or inadequate skillset can lead to morale problems, increased liability exposure, and reduced public confidence.

Graham stated, “Every time we see a tragedy in law enforcement—an excessive use of force, an officer-involved shooting gone wrong, a scandal—it almost always traces back to hiring. If we don’t fix recruitment, we’ll never fix the profession.”

Sok noted that many agencies fail to treat recruitment as a strategic function. Instead, they simply post vacancies and wait—what he calls the “post and pray” approach—resulting in candidates who may not possess the work ethic, judgment, or resilience necessary for police work.

Improving the Background Investigation Process

A major takeaway from the webinar was the importance of conducting thorough background investigations. Both panelists stressed that skipping or rushing this step can have devastating consequences.

Graham cautioned, “A dollar properly spent on a background check can save you a million dollars in lawsuits.” In several high-profile cases, officers with known red flags—DUIs, past terminations, or misconduct—were hired and later involved in major incidents.

Common mistakes in background checks include:

• Failing to contact previous employers: Verifying only dates of employment misses important context. Agencies must actively investigate performance and reason for departure.

• Overlooking past misconduct: Officers who leave under questionable circumstances should not be allowed to re-enter the profession unchecked.

• Neglecting to verify credentials: Candidates sometimes exaggerate or fabricate training and education. “Trust, but verify,” as President Reagan said.

Best Practices for Safer Hiring

To strengthen your agency’s hiring practices:

• Use a “Waiver for Lateral Hires” to access full personnel files. Graham notes that half of lateral applicants will withdraw when asked to sign it.

• Require mandatory ride-alongs to evaluate candidate fit early in the process.

• Vet all prior military and employment history, including reviewing DD214 forms for service members.

While uncovering disqualifying information may seem like a setback, it ultimately protects your agency from long-term risk and wasted resources.

OMAG Is Here to Help

OMAG offers tools and support to assist your agency with comprehensive background investigations. For assistance or more information, contact OMAG’s Law Enforcement Specialist, Kevin J. Katz, or visit our background resources page: https://www.omag.org/law-enforcement#background

Beyond the Split-Second: What Barnes v. Felix Means for Law Enforcement

On May 15, 2025, the United States Supreme Court issued the opinion, Barnes v. Felix, a case important to law enforcement.

Case Background:

Officer Roberto Felix stopped Ashtian Barnes for suspected toll violations. When Barnes restarted his car and began to drive off, Felix jumped onto the car’s doorsill and, within two seconds, fired two shots into the vehicle, fatally wounding Barnes. The car stopped shortly after.

Barnes’s mother sued under 42 U.S.C. §1983, claiming excessive force. Lower courts sided with Felix, applying the Fifth Circuit’s “moment-of-threat” rule — which judged reasonableness only based on the officer's perception in the split second he fired, ignoring what led up to that moment. Barnes’s mother appealed to the United States Supreme Court.

Supreme Court Decision:

The Court ruled that use-of-force claims must be evaluated based on the totality of the circumstances, not just the final seconds before the use of force. The Court explained that the totality of the circumstances may include the behavior of the suspect and of the officer in the lead-up to the use of force, such as whether the officer created the need for the use of force.

What This Means for Officers:

• An officer’s actions leading up to a use-of-force incident can and will be evaluated in determining the reasonableness of the officer’s actions.

• The reasonableness of the use of force depends on the full chain of events, not just whether an officer felt endangered at the last moment.

• Training and documentation must emphasize sound decision-making throughout the encounter, not just in moments of crisis.

Officer Safety Note (from concurring opinion):

Justice Kavanaugh highlighted the very real dangers of traffic stops, especially when suspects flee. He emphasized that officers must make split-second decisions under extreme stress — and courts should consider those pressures when assessing conduct.

Bottom Line:

How an officer handles the entire use of force incident, not just the final seconds of it, is central to any review of the use of force.

OMAG's Police Liability Update (August 2025)

What OMAG COVERS in a Cyber Attack—And What Your City Still Needs to Do

When a cyber incident strikes, every minute counts—and so does your coverage. Fortunately, OMAG offers up to $50,000 in Cyber Breach Response Coverage through MLPP Coverage K to help your municipality respond swiftly and effectively. But even with strong support in place, your city still has critical responsibilities in protecting itself from cyber threats.

Understanding OMAG’s Cyber Liability Coverage

OMAG’s Cyber Breach Response Coverage includes:

• Legal consultation

• Digital forensics

• Public communication strategies

• Vendor negotiation (including ransom guidance)

• Regulatory compliance and response guidance

This coverage can make a major difference in the aftermath of a breach—but only if the incident is reported on time. OMAG must be notified within 60 days of the incident to activate coverage. However, if remediation efforts have already started, that reporting window shrinks to just 7 days. Waiting too long may result in the loss of critical support.

What Your City Still Needs to Do

While OMAG covers many of the complex components of cyber response, municipalities still have essential responsibilities to help mitigate risks and maximize their protection. Here’s what your city should be doing now:

• Report the incident immediately once it’s discovered.

• Train staff to recognize early warning signs like phishing emails, system lockouts, or suspicious login activity.

• Back up data regularly and ensure backups are secure.

• Assign a cyber response lead or coordinator to guide your team in an emergency.

• Never attempt to communicate with cybercriminals on your own. Always contact OMAG first for assistance.

By taking these steps and understanding your responsibilities, your city can confidently respond to cyber threats—and take full advantage of OMAG’s powerful breach support.

Public Employees, Social Media, and Free Speech: What Cities Should Know

Social media makes it easy for public employees to share opinions—including about their employer. But what if those posts are negative, controversial, or go viral? Can a city take action? It depends.

The First Amendment protects free speech, but not all speech is treated equally—especially for government employees. Two court cases, Garcetti v. Ceballos and Pickering v. Board of Education, offer guidance.

Garcetti: Job-Related Speech Is Not Protected

If an employee speaks as part of their official job duties, their speech is not protected. Cities have more authority to manage this type of communication. If they speak as a private citizen on issues of public concern—like safety, waste, or corruption—their speech may be protected.

Pickering: Balance Rights with Workplace Impact

Even if speech is protected, cities can act if it causes real workplace problems. The court balances:

• The employee’s right to speak

• The city’s need for a smooth, trustworthy workplace

Courts consider:

• What was said: Public concern or just internal drama?

• Where/how: Public forum, private post, or city platform?

• What impact: Did it hurt trust, coworkers, or operations?

Examples

Protected: Off-duty post about how budget cuts affect city services

Not Protected: Public, profane insult targeting the mayor that disrupts city business

What Cities Should Do

Before responding to a post, ask:

• Was the employee speaking as a private citizen?

• Was it about a public issue?

• Did it cause real disruption?

Also, review your social media policy. It should be clear, specific, and respect employee rights.

Final Thoughts

Free speech matters—but so does workplace function. Use Garcetti and Pickering to guide decisions, follow your policies, and consult legal counsel when needed.

City of Altus Leads the Way in Emergency Preparedness with Realistic Train Derailment Simulation

The City of Altus, Oklahoma, recently demonstrated its strong commitment to public safety and emergency preparedness through a full-scale simulation exercise involving a coordinated response to a mock train derailment and chemical spill. The exercise brought together Altus city personnel, Jackson County officials, Jackson County Memorial Hospital, and Farmrail representatives in a powerful display of interagency collaboration.

This realistic training scenario featured a derailed train engine, and a chemical tanker car staged to simulate a hazardous materials spill. The drill included the evacuation of City Hall and direct communication with the local Jackson County Memorial Hospital. To make the training as authentic as possible, the simulation involved three casualties, two individuals who were injured and transported for medical treatment, and one who was declared fatally injured on scene.

Throughout the exercise, first responders and emergency personnel were tested on their ability to assess the scene, communicate effectively, manage public safety, and coordinate across jurisdictions. The simulation not only highlighted strengths in the city's emergency response framework but also revealed areas where procedures and communication protocols can be refined.

As a member of OMAG (Oklahoma Municipal Assurance Group), the City of Altus is taking proactive steps to mitigate risk by investing in training and preparedness. These types of simulations are essential for identifying gaps before a real emergency occurs, allowing teams to learn in a controlled and forgiving environment. The lessons learned from this exercise will be used to strengthen the city’s emergency response strategies, ensuring that when real incidents occur, the City of Altus is ready to respond swiftly, effectively, and with the confidence that comes from preparation.

Altus is setting a strong example for municipalities across Oklahoma—showing that through planning, training, and partnership, communities can be better equipped to protect their residents and infrastructure from unexpected emergencies.

Rethinking Hiring: The Case for Skills Over Resumes

Municipalities are facing increasing pressure to fill critical roles with qualified, capable individuals—but many qualified candidates are being filtered out by traditional hiring methods that focus on degrees and years of experience. Skills-based hiring offers an alternative approach: one that focuses on what a candidate can do, not just where they’ve been.

Instead of requiring a bachelor’s degree or five years in a similar position, a skills-based approach looks for demonstrated competencies. Can the candidate analyze data? Communicate effectively? Navigate regulatory requirements? These core skills can be assessed through practical exercises, work samples, or structured interviews—methods that can more accurately predict success on the job.

The payoff is significant. By removing unnecessary barriers, municipalities can tap into a much wider and more diverse talent pool, including veterans, career changers, rural applicants, and those who’ve gained their skills outside of formal education. This is especially valuable in smaller towns or for hard-to-fill roles where qualified applicants may be scarce. Skills-based hiring also helps municipalities build stronger, more resilient teams. When people are hired for what they can do—not just where they went to school—they’re more likely to thrive in their roles and grow within the organization. It’s a strategy that aligns with OMAG’s mission: helping Oklahoma cities and towns build well-run, sustainable local governments.

While it may require updating job descriptions or rethinking interview processes, the long-term benefits—more inclusive hiring, better job performance, and stronger retention—are well worth the investment.

CCTV Inspections After Sewer Overflows: A Smart Step Toward Long-Term Solutions

When a sewer overflow occurs, the effects can be sudden and serious—property damage, health hazards, and environmental harm. These incidents often take municipalities by surprise. But how we respond makes all the difference.

As a member-owned risk pool dedicated to protecting public interest, OMAG encourages Oklahoma municipalities to view these events not just as emergencies, but as opportunities to strengthen infrastructure and reduce future risk. One of the most effective tools in this effort is Closed-Circuit Television (CCTV) inspection.

Why Use CCTV Inspections After an Overflow?

1. Pinpoint the Problem

Blockages, structural failures, and capacity issues can all lead to overflows. CCTV provides a clear internal view, helping teams identify the exact cause and location—ensuring repairs address the root issue.

2. Prioritize with Confidence

CCTV footage gives engineers the data needed to plan repairs, protect public health, and wisely invest city resources.

3. Support Claims and Communication

Video evidence helps municipalities resolve claims more efficiently and explain actions to residents—building trust and transparency.

Strengthen Your Inspection Plan

• Add CCTV to your Sewer Overflow Emergency Response Plan

• Inspect within 24–72 hours of an event

• Train staff or partner with certified contractors following NASSCO PACP standards

• Use GIS tools to link footage with specific pipe segments for long-term planning

Best Practices for CCTV Data

• Use consistent file naming (date, location, type)

• Store securely with cloud backups

• Pair footage with reports using PACP codes to define priorities

What Your City Can Gain

• Spot emerging risks like root intrusion or wear

• Improve maintenance schedules based on system condition

• Build community trust through visible accountability

• Support funding proposals with clear, visual documentation

CCTV inspections are more than a reactive measure—they’re a smart investment in your city’s future. By combining technology, planning, and collaboration, municipalities can move from emergency response to proactive resilience.

Visit OMAG Sewer Resources for templates, tools, and expert support.

City Spotlight: Weatherford, Oklahoma

The Weatherford Community Center is a new, state-of-the-art facility developed in partnership with the local Great Plains Family YMCA. Conveniently located in the heart of Rader Park, this center is designed to address Weatherford’s growing childcare needs while providing programs and amenities for its senior citizens. The facility includes both indoor and outdoor aquatic areas, providing opportunities for year-round fitness and recreation.

This project demonstrates the City’s ongoing commitment to community health, civic engagement, and meeting the demands of its city’s economic growth. The realization of this center has been made possible through the renewal of the 1/2-penny sales tax in February 2024.

“The Weatherford Community Center represents more than just a building, it’s a vision brought to life through the power of partnership, progress, and people. This project is made possible through the strong support of our community and the success of our Sales Tax initiative. Together, we’ve invested in a future that serves every generation of Weatherford.

This facility is designed to meet critical needs in our growing city. It offers accessible, reliable childcare options for working families, supports healthy living and wellness for residents of all ages, and includes programming and space focused on the needs of our older population, helping them stay active and connected.

We’re also proud to address long-standing aquatic needs with a space that provides year-round access for recreation, therapy, and swimming education.

This is a true example of what we can accomplish when we come together with a shared purpose. Thank you to everyone who helped make this vision a reality. The Weatherford Community Center is not just for today—it’s an investment in the quality of life for generations to come.” - Mayor Mike Brown.

OMAG In Action (Volume 14)