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When does an internal investigation turn to harassment ?

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  • When does an internal investigation turn to harassment ?

    When does an internal investigation turn into harassment ?

    I have been under investigation for an incident which is not illegal, or a violation of policy.This is in its third week.

    The investigating officers have not advised me of my rights, or of Garrity. They told a perspective witness from another agency that it was a criminal investigation, and then a few minutes later they told him it was internal.

    They would not let me initial each line of my questioning. I was told that I was to sign the second page and the second page only.

    They wouldnt give me a copy of any of the complaints, or even my statement.

    They told me last week it would be over this week, and after my second round of questioning, they told me they didnt know when it would be over... How long can this go on? Legally ?

    L. Johnson
    Last edited by Stickcop; 06-22-2006, 12:36 AM.
    An evil man seeketh only rebellion, therefore a cruel messenger shall be sent against him...Proverbs 17:11

  • #2
    Originally posted by Stickcop
    When does an internal investigation turn into harassment ?

    I have been under investigation for an incident which is not illegal, or a violation of policy.This is in its third week.

    The investigating officers have not advised me of my rights, or of Garrity. They told a perspective witness from another agency that it was a criminal investigation, and then a few minutes later they told him it was internal.

    They would not let me initial each line of my questioning. I was told that I was to sign the second page and the second page only.

    They wouldnt give me a copy of any of the complaints, or even my statement.

    They told me last week it would be over this week, and after my second round of questioning, they told me they didnt know when it would be over... How long can this go on? Legally ?

    L. Johnson


    My next question is....Have you contacted your Union Rep on this matter?
    "Courage is doing what you're afraid to do. There can be no courage unless you're scared." — Eddie Rickenbacker
    World War I hero

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    • #3
      Why would you be making written statements in an investigation that's neither a criminal nor policy violation without a union rep or even an attorney present? Bad idea.
      "He who fights with monsters might take care lest he thereby become a monster. And if you gaze for long into an abyss, the abyss gazes also into you."
      -Friedrich Nietzsche

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      • #4
        Two things you should do:

        Understand Loudermill and Garrity.

        There a wealth of info on both on the internet, easily founded if searched for.
        "Blaming the prince of the fools should not blind anyone to the vast confederacy of fools that made him their prince" - Unknown Author
        ______________________________________________

        "That government is best which governs the least, because its people discipline themselves." - Thomas Jefferson
        ______________________________________________

        “There are two ways to conquer and enslave a nation. One is by the sword. The other is by debt.” - John Adams

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        • #5
          Originally posted by SAPD_Rob
          My next question is....Have you contacted your Union Rep on this matter?
          Union rep in VIRGINIA

          HA HA HA HA HA HA HA HA

          That's a good one

          Va is a "right to work" state

          Police unions in Va can't bargain collectively, but some include a lawyer on retainer in the dues

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          • #6
            This isn't even about union anymore. Get your personal attorney in there.


            Also, maybe don't read into it too far. Most likely it's a complaint from a citizen about something bogus that your administration has to follow up on.
            -Stay safe

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            • #7
              How long can it go on? What's the statute of limitations in your state? I agree with other postings, if your union has an attorney, it's time.
              Three Stripes beats Four Aces.
              Retirement: You've Won the War when you're Paid to Stay at Home.

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              • #8
                Originally posted by My Gluttony
                Union rep in VIRGINIA

                HA HA HA HA HA HA HA HA

                That's a good one

                Va is a "right to work" state

                Police unions in Va can't bargain collectively, but some include a lawyer on retainer in the dues
                VSP has unionized, and the legal aid has already brought about some good changes; though the dpt wont admitt to it.

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                • #9
                  Get a lawyer! I hate to say it, but those sneeky [email protected]@rds are good for one thing, and that is to screw back with the administration. Get the one that hates the cops and city government the most and he/she may take in pro bono!!!
                  I had the same situation with the admin screwing with me. I was no longer a favorite and it showed.
                  Under the law, an investigation has to be announced criminal or administrative and they cant go back and forth on that issue. Unfortunately, they do have some leverage on you in which they can mess around with you and try to **** you off so you go off in a tirade and then you will find yourself on the beach for insubordination. Anyways, don't loose your cool. Go along with their silly games. Record your own interviews and take notes. Just hire a lawyer to file a complaint or lawsuit and go from there...

                  Comment


                  • #10
                    Originally posted by ArmouredSainT
                    Get a lawyer! I hate to say it, but those sneeky [email protected]@rds are good for one thing, and that is to screw back with the administration. Get the one that hates the cops and city government the most and he/she may take in pro bono!!!
                    I had the same situation with the admin screwing with me. I was no longer a favorite and it showed.
                    Under the law, an investigation has to be announced criminal or administrative and they cant go back and forth on that issue. Unfortunately, they do have some leverage on you in which they can mess around with you and try to **** you off so you go off in a tirade and then you will find yourself on the beach for insubordination. Anyways, don't loose your cool. Go along with their silly games. Record your own interviews and take notes. Just hire a lawyer to file a complaint or lawsuit and go from there...
                    Thanks for the advice.

                    Yesterday I was interviewed again... Same crap. During the interview I asked if the guy complained. They said he didnt but when they brought him in he claimed there was racial discrimination.

                    Lo and behold, I have a friend that works with the "victim". He said that the "victim" told him that he told the interviewrs that he had no complaint, already got rid of the car, and just wants to get his arrest and the circumstances around it behind him. Then when my friend told the victim that he thought the department was giving me a hard time over it, the "victim" said that he would do what ever he could to make it right and talk to the administration to set things straight.

                    They have lied to me for 4 weeks...I'm a little ****ed right now.

                    No violation of policy
                    No violation of the law
                    No complainant

                    Whats next ? What else can they possibly go on ?
                    An evil man seeketh only rebellion, therefore a cruel messenger shall be sent against him...Proverbs 17:11

                    Comment


                    • #11
                      Something smells mighty rotten here.
                      -I drive way too fast to worry about cholesterol...

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                      • #12
                        Originally posted by Stickcop
                        Thanks for the advice.

                        Yesterday I was interviewed again... Same crap. During the interview I asked if the guy complained. They said he didnt but when they brought him in he claimed there was racial discrimination.

                        Lo and behold, I have a friend that works with the "victim". He said that the "victim" told him that he told the interviewrs that he had no complaint, already got rid of the car, and just wants to get his arrest and the circumstances around it behind him. Then when my friend told the victim that he thought the department was giving me a hard time over it, the "victim" said that he would do what ever he could to make it right and talk to the administration to set things straight.

                        They have lied to me for 4 weeks...I'm a little ****ed right now.

                        No violation of policy
                        No violation of the law
                        No complainant

                        Whats next ? What else can they possibly go on ?

                        Chill out. You won't solve the problem over the internet

                        Comment


                        • #13
                          When "they" solicit complaints, that is fuc#@$!!!! with you!!!! But...they have the right to do that. I don't think it is fair, but they can solicit complaint and investigate them. If true and a violation of law or policy, then here comes the music. If unfounded, wait until you hear the fat lady and go back to work. Write down all that happens and tape your interview!!!!!! The investigator may back off. I was screwed so hard on a drug dealer making complaints of harrassment. Took them weeks to come back and say it was unfounded. And I got to stay at work, but what good was I worrying about all this crap?!?!??!
                          Finally, I got wise and bought a tape recorder. Each encounter with this guy was recorded. He filed another complaint that I broke his arm in the car door and showed up at the station in a sling!!! I played the tape of the whole arrest and walked out after a few minutes!!!!! I knew another officer where the chief and the prosecutor hated him for arresting a local favorite. They solicited complaints against him so much....we thought he'd come into work and shoot us all at role call.... He got a job at another agency and has since grown his hair back that fell out.

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                          • #14
                            Ever consider filing a complaint against your administration?
                            -Stay safe

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