An administrative investigation is undertaken to determine whether the employer’s rules, policies and procedures were followed to determine whether corrective action is warranted. Such an investigation may be initiated as a result of an internal or external complaint or as a routine review of certain activities (use of force, pursuits, etc.). An administrative investigation may be conducted by a supervisor or by specially-assigned personnel.

OBLIGATION TO COOPERATE. In general, you can be disciplined by your employer for refusing to cooperate with an administrative investigation.

GARRITY STATEMENTS. Statements you make under threat of discharge cannot be used against you in a later criminal prosecution but can generally be used in administrative proceedings. Any voluntary oral or written statement you make, even during an administrative investigation, can generally be used against you in a criminal prosecution.

COMPELLED. For purposes of Garrity, if an officer provides a statement (or writes a memo or report) after being asked, it is voluntary, but if an officer provides a statement after being ordered to do so, it is compelled. You should seek clarification if it is unclear whether you are being compelled to provide a statement and you should make it clear in any verbal or written statement that you have been compelled to provide the statement under threat of discharge.

REPRESENTATION. In general, you should arrange to have competent representation at any investigatory interview which may result in disciplinary action.

INVESTIGATIVE INTERVIEWS. You should:
● Never answer any questions dishonestly;
● Be professional in demeanor, appearance and language;
● Avoid becoming upset or angry;
● Listen to each question very carefully;
● Only answer questions that you understand;
● Ask for clarification when necessary;
● Take appropriate bathroom or water breaks;
● Anticipate repeated or similar questions;
● Consider referring to recordings and reliable/unbiased data for precise details instead of relying on memory;
● Consider referring to previous written or verbal statements for details instead of relying on memory;
● Be wary of leading and compound questions;
● Avoid unintentionally ratifying any statement;
● Make it clear if you are not certain of your answer.

MULTIPLE INTERVIEWS. You should avoid giving multiple statements about the same event where possible because subsequent statements will probably be different in some respect from previous statements.

LOUDERMILL HEARING. You should generally take full advantage of the opportunity to be informed of the reasons for discipline and to present information to the agency head before any discipline is imposed.

APPEALS. Under state law, officers are generally employees at-will but, depending on the agency and the circumstances, there may be some avenues to appeal administrative discipline or termination.

This should not be construed as advice for any specific situation. Please call for specific legal advice based on the unique facts of your situation.

---