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  • LEO Bill of Rights

    Hey guys and gals,

    Have a legal question....I was recently the subject of an internal investigation. There where three witnesses interviewed by the investigator. One of the witnesses happened to be a judge.

    So, everyone interviewed (including myself) was audio recorded and transcribed. However, for whatever reason, there was no recording, no transcript, not even a summary, of the judge's interview in the case file. However, his alleged statements were the primary basis and subject of the final adjudication by the investigator. Very prejudicial and inflammatory statements were included in the final adjudication, basically summarized, out of thin air apparently, by the investigator.

    My question is this: am I entitled to documented witness statements made against me that are used in the investigation? If I am, I am going to appeal the final adjudication report.

    I have a great deal of respect for my supervisor and am not going to contest the disciplinary action I received. In fact, given the circumstances, I think I was disciplined fairly. However, I want the prejudicial and inflammatory statements purged from the adjudication report which will obviously be held in my personnel file forever.

    What are my rights in this matter?

    P.S. Just a short bio:
    7 years leo, last 5 as upper level narcotics investigator.

  • #2
    That would depend on your agency policy. My agency won't let you see anything.

    More importantly if you think its fair what do you want to challenge it for. If you did what was alleged learn from it and move on.

    If it is B.S. do what you legally can. As with any investigation if it is not documented it didn't happen. If they put in blatant lies then it could be an issue of slander/libel.

    Lots of ways to look at this without the file in front of me and its probably not a good idea to throw out intimate details on the net.

    Only you can decide if this is something worth the risk of falling on your own sword.............
    The early bird may get the worm, but the second mouse gets the cheese.

    Comment


    • #3
      Probably the best way to find out what protections you have for your area is to check with your PBA or FOP representative. They stay abreast of all of the issues for their districts. FWIW, if you are willing to accept the adverse actions against you it might cause some issues if you revisit the case and argue the findings.
      Be courteous to all, but intimate with few, and let those few be well tried before you give them your confidence!

      [George Washington (1732 - 1799)]

      Comment


      • #4
        Although I understand your desire to have the "inflamatory" statements removed from your file, that effort might not be in your best interests. You've indicated that you're willing to accept the disciplinary action that was taken. My "sense" is that you do that and move on. It might be possible to take legal action through an Attorney/PBA etc, to have the offending material excised, but the question you have to ask yourself is. is it worth the cost? The disciplinary action will remain a matter of record for as long as your agencie's regulations allow it to. That will be the case whether or not the offending material is removed. Your call.

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        • #5
          Originally posted by Narc1896 View Post
          Hey guys and gals,

          Have a legal question....I was recently the subject of an internal investigation. There where three witnesses interviewed by the investigator. One of the witnesses happened to be a judge.

          So, everyone interviewed (including myself) was audio recorded and transcribed. However, for whatever reason, there was no recording, no transcript, not even a summary, of the judge's interview in the case file. However, his alleged statements were the primary basis and subject of the final adjudication by the investigator. Very prejudicial and inflammatory statements were included in the final adjudication, basically summarized, out of thin air apparently, by the investigator.

          My question is this: am I entitled to documented witness statements made against me that are used in the investigation? If I am, I am going to appeal the final adjudication report.

          I have a great deal of respect for my supervisor and am not going to contest the disciplinary action I received. In fact, given the circumstances, I think I was disciplined fairly. However, I want the prejudicial and inflammatory statements purged from the adjudication report which will obviously be held in my personnel file forever.

          What are my rights in this matter?

          P.S. Just a short bio:
          7 years leo, last 5 as upper level narcotics investigator.
          Your rights will forever be trampled by management unless you have leverage against them (IE a union).

          Comment


          • #6
            Sorry Narc1896 to change the thread, but I have a question.

            I belong to an FOP type organization, and pay for representation during administrative hearings.

            Our P&P specifically states no legal representative can be present during any administrative hearing.

            I asked my FOP type organization if this is legal or not under State or Federal law and they said they would get back to me… I’m still waiting.

            Because of our jobs, we are in a murky morass concerning legal employment rights/administrative rights and procedures/criminal rights that we voluntarily took on i.e., Garrity, but it just doesn’t sit well that the IA Investigator can tell your lawyer to sit in the hallway…

            Anyone have any experience with this?
            Be safe pulling back into the thread...
            http://infidelswithhonor.com/

            Comment


            • #7
              If you are willing to accept the consequences as given by your dept. it is probably a safe bet they have the same opinion of the inflammatory statements as you. The fact they are there is actually immaterial. When we interview somebody we don't get to choose their responses, but we do control how much credence we give them.
              Today's Quote:

              "The difference between stupidity and genius is that genius has its limits."
              Albert Einstein

              Comment


              • #8
                Some of those things will depend on department policy and also state law. It would be hard to get a decent answer in a forum like this. My advice is to join the PBA. They have reps in every state who know what your rights are in that state. Even if you join something other than the PBA, it doesn't matter. Make sure you have some type of legal representation. I have been through the ringer and had to spend thousands of my own money to represent myself. Don't be one of those who says "It won't happen to me" or "My agency will represent me". They Won't!

                Comment


                • #9
                  It seems to me that if you sue your department as a result of any action they take, they would have to disclose the statements in discovery.
                  Facts do not cease to exist because they are ignored. -- Aldous Huxley
                  Two things are infinite: the universe and human stupidity. -- Albert Einstein

                  Comment


                  • #10
                    file an open records request..they should have to disclose it
                    Perseverate In Pugna

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