(a)This section applies to a public safety
officer who is the subject of a complaint or an internal investigation.
(b)When a public safety officer is subjected to interview by the
public safety officer's department, as described in subsection (a), the
following procedures apply:
(1)The interview shall be conducted at a reasonable hour,
preferably at a time when the public safety officer is on duty,
unless, in the judgment of the interviewer, the seriousness of the
investigation requires an immediate interview.
(2)The interview shall take place at the public safety officer's
department or an equivalent office setting designated by the
interviewer.
(3)The interviewer shall inform the public safety officer of the
name, rank, and assignment of the officer or member of the fire
department
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(a) This section applies to a public safety
officer who is the subject of a complaint or an internal investigation.
(b) When a public safety officer is subjected to interview by the
public safety officer's department, as described in subsection (a), the
following procedures apply:
(1) The interview shall be conducted at a reasonable hour,
preferably at a time when the public safety officer is on duty,
unless, in the judgment of the interviewer, the seriousness of the
investigation requires an immediate interview.
(2) The interview shall take place at the public safety officer's
department or an equivalent office setting designated by the
interviewer.
(3) The interviewer shall inform the public safety officer of the
name, rank, and assignment of the officer or member of the fire
department in charge of the investigation, the interviewer, and all
other persons present during the interview.
(4) The interviewer shall present the public safety officer with a
statement of rights to be signed by the interviewer and the public
safety officer. The statement of rights must be in substantially the
following form:
STATEMENT OF RIGHTS
I wish to advise you that you are being questioned as part of an
official investigation of the ______ Department. You will be
asked questions specifically, directly, and narrowly related to
the performance of your official duties as a _____ or
concerning your fitness for service as a ____. You have the
constitutional right not to incriminate yourself.
Under no circumstances will your statement be used in any
subsequent criminal court action against you. However, factual
information contained in the internal affairs file on this
investigation, including your statement, is generally
discoverable in civil rights litigation filed in federal or state
court and may be used to impeach your testimony. In addition,
this factual information may be used in any criminal proceeding
in which you are a witness.
I further wish to advise you that if you refuse to give a
statement or answer questions relating to the performance of
your official duties or fitness for duty, you will be subjected to
departmental charges that could result in your dismissal from
the ____ Department.
Signed _______ (Interviewer).
I have read the above and understand it fully. I sign this
statement having been advised of the above rights before any
questions have been asked of me.
Signed _______ (Police officer or Firefighter).
Date and time _________.
(5) In a noncriminal case, once a public safety officer is scheduled
for an interview under this subsection, the officer in charge of the
investigation must provide the public safety officer with a copy of
the complaint, if one exists. In a criminal case, the officer in
charge of the investigation must inform the public safety officer
of the nature of the complaint. The officer in charge of the
investigation is not required to disclose the name of the
complainant to the public safety officer.
(6) An interview session shall be for a reasonable duration of time
and must allow for personal necessities and rest periods as
reasonably necessary.
(7) An interview of a public safety officer as described in this
subsection shall be tape recorded at the request of either party. A
written transcript must be provided to the public safety officer
upon request, at no cost to the public safety officer.
(8) If at the time of the interview the public safety officer is under
arrest or in custody, the interviewer must completely inform the
public safety officer of the public safety officer's federal and state
constitutional rights regarding self-incrimination prior to the
commencement of the interview.
(9) A public safety officer may not be required to waive any
immunities under federal or state law at any point in an
investigation.
(10) A question posed to a public safety officer must specifically,
directly, and narrowly relate to the performance of duties or
fitness for service as a public safety officer.
(11) A public safety officer shall have the right to be represented
by an attorney or other representative during an interview where
the interview relates to the public safety officer's continued fitness
for law enforcement service (in the case of a police officer) or fire
service (in the case of a firefighter). The public safety officer shall
be provided a reasonable period of time to obtain representation,
which may not exceed seventy-two (72) hours from the time of
request, unless agreed upon by both parties. The attorney or
representative may not participate in the interview, except to
advise the public safety officer.