Constitutional Policing In Action

Featuring Washtenaw County Sheriff's Office and Sheriff Jerry Clayton

The first words of the US Constitution, “We the People…” established a foundation for America based on the idea that citizens determine what a “perfect union” looks like. Justice, peace, welfare, and liberty are also mentioned in that first statement, providing a roadmap for the pursuit of happiness.

Law enforcement agencies are among the many government entities tasked with reinforcing those declarations and protecting our freedoms. At the same time, policing faces great scrutiny. Calls for justice, community engagement, and fair treatment of all people have been heard loud and clear. But how do we get there? What is the foundation of an agency that protects people and their freedoms? Some might argue that constitutional policing principles create that foundation.

“Constitutional policing offers a framework to ensure fair, impartial, and effective enforcement of the law that is consistent with constitutional principles, democratic values, and community expectations.” – The Law Enforcement Knowledge Lab

Though Washtenaw County Sheriff Jerry Clayton may not name them “constitutional policing practices,” he has clearly, over his four terms in office, built a culture around adherence to those values.

NPI’s President, Jim Burch, sat down with Sheriff Clayton to talk about constitutional policing principles, culture, and community expectations. Through their conversation, we learned the sheriff focused on his beliefs and values first and then applied them agency-wide. He challenged the status quo and made seismic changes that shifted the mindset of his staff to better serve their community. 

“Beliefs influence the values that you have, and it's the values you have that impact staff behavior.” – Sheriff Jerry Clayton

After winning his election in 2008, Sheriff Clayton’s first and primary focus was to address organizational culture, the collection of beliefs and values that exist deep within an agency and can often feel overwhelming to a leader looking to make a change. Sheriff Clayton’s team started by examining why the Washtenaw County Sheriff’s Office (WCSO) exists in the first place, ultimately landing on service to its community.

While simple in concept, Sheriff Clayton knew the agency needed to clarify its intent and answer its “WHY.” Understanding that an agency’s stated mission is its North Star and drives its strategy and structure, the sheriff’s office intentionally adopted a statement reflecting why the agency exists and the ultimate impact it seeks to make.

The latest evolution of their mission statement is “Co-Creating Community Wellness and Safety, Providing Exemplary Service, and Building Strong and Sustainable Communities.” This reflects the agency’s belief that safe communities cannot be created without first creating well communities. The agency sees itself as an essential contributor to both.

The agency further recognized that officers do more than just “enforce the law”; instead, there are more roles to fill regarding community wellness and safety. Thus, the patrol division changed from the Law Enforcement Division to the Police Services Division—further emphasizing “service” and promoting the idea of safety for all involved, including the community, the police, and those who engage in criminal activity.

“Think about the constitutional principles around service and engagement with the people we serve. How we serve [is] reflective of what the people say they want. This notion [is] that whatever power and authority we have comes from the people. They give it, and they take it away. They should be partners in determining how we deliver the services. They should be sitting at the table...” – Sheriff Clayton

Sheriff Clayton and his team don’t just talk the talk; they also walk the walk. Convenings with community members are routinely held, where the sheriff and his staff listen to concerns and ideas around service and community engagement. One of the agency’s programs, “Just ‘Cause,” is a more intimate engagement initiative, allowing for open dialogue and quality conversations.  

These interactions have helped shape policy, procedure, and written operational protocols. Historically, as Sheriff Clayton described it, these documents would serve as tools agencies use to prevent litigation and help outline the expectations of their employees. Now, and after WCSO’s policies underwent a massive expansion, there is a preamble reinforcing the agency’s core values and outlining why each policy exists. 

“It’s not enough to be legally right; we have to be morally right.” – Sheriff Jerry Clayton 

As we know, constitutional policing primarily focuses on meeting the community’s expectations of what service looks like. WCSO has intentionally evaluated policies accompanied by supportive training reflective of the ever-changing community landscape. This has helped ensure that the agency's direction and trajectory align with community expectations.

Sheriff Clayton admitted that, at first, the leadership team faced the expected resistance that often occurs with significant organizational change efforts. However, the team has remained steadfast and committed to a core set of values. Eventually, and over time, Sheriff Clayton’s team has succeeded in inspiring the kind of culture change that has fundamentally changed both WCSO and Washtenaw County communities. 

Though he doesn’t take full credit, Sheriff Clayton acknowledges that the lesson for all leaders in this profession is that sustained change in organizational culture requires effective leaders who are courageous in the face of resistance and committed to the values they believe in. 

President Burch and Sheriff Clayton also discussed the “warrior versus guardian” concept that came out of the President’s Final Report on 21st Century Policing. Sheriff Clayton argues that neither term defines who you are but rather what you may have to do. For WCSO, their members’ most common title is “servant.” 

“If you’re a member of the Washtenaw County Sheriff’s Office, you know you exist to serve.” – Sheriff Jerry Clayton 

That “service” takes a few different forms. Taking people to jail, yes, but also engaging with a family in need and connecting them with resources. The agency now offers many programs that meet its community's underlying public safety issues. Instead of focusing solely on crime, the sheriff’s office works with local nonprofits to address the root of the problems, including housing, poverty, and access to healthcare.

One of these programs is LEADD Washtenaw. With a focus on health and chronic poverty, the sheriff’s office and other stakeholders establish pathways to care for those who have the potential to break the law due to those struggles. As Sheriff Clayton explained, targeting the core reasons people break the law is the ultimate crime prevention. 

The agency also changed its response practices to calls for service. Instead of sending police to every call, they are building the “Continuum of Community Responders” architecture: a model predicated on sending the right responder with the right skills and resources at the right time.

WCSO 911 operators analyze the call and determine the most appropriate crisis response, whether a police-only, mental health-only, co-response, or (eventually) unarmed response. The way the sheriff’s office responds is greatly influenced by the level of need and risk presented during each call.

We know constitutional policing also guides agencies in upholding constitutional principles, including protecting fundamental rights. The right to freedom falls in that category, and WCSO takes this concept to another level. Redemption after someone breaks a law is foundational for Sheriff Clayton. He points out that his team works to “preserve life, liberty, and the pursuit of happiness,” which includes giving those who offend a second chance.

WCSO takes advantage of its role in the judicial process and offers many opportunities for behavioral change. Under Sheriff Clayton’s leadership, the organization has even hired prior felons who have paid their debt and demonstrated a commitment to positively contributing to society. These individuals have become part of WCSO’s outreach team because who has more relatability than someone who has been on the other side of crime?  

Sheriff Clayton has actively applied constitutional policing principles since his first day in office. He modeled how these practices help agencies consistently uphold the freedoms of constituents. Although the overall concept can be used as a resource everywhere, its application is not one-size-fits-all because we know each community has different expectations of how it wants its police agency to operate and serve. 

We commend Sheriff Clayton and his efforts to establish a strong reputation for Washtenaw County. Even in the face of crisis and during the nationwide protests against policing in recent years, Sheriff Clayton was able to lean on his community’s trust. It is clear this was possible because he did the work to build that trust before the crisis happened: a lesson we see applied by smart leaders who are thinking ahead. 

To learn more about the work of the Washtenaw County Sheriff’s Office, visit their website. To explore these ideas further, visit policinginstitute.org/InFocus.