Principles for Public Safety Employment

 Transcribe witness interviews for department’s use in interrogating the subject employee (use confidential secretary and do not provide transcripts to subject employee pre-interrogation (see discussion below);  Interrogate subject employee;  Conduct necessary follow-up interviews and investigation;  Prepare a report which includes synopses, transcripts, evidentiary documents, findings of fact and statement of rules, orders and/or statutes violated.

6. I NVESTIGATIONS BY O UTSIDE A GENCIES Under section 3304(a) of the POBR, a peace officer can be compelled to participate in an outside agency’s criminal investigation. The Act does not authorize an employer to compel its employee to participate in an administrative investigation by another agency. Effective January 1, 2021, Government Code section 12525.3 authorizes the State Attorney General ( “AG”) to investigate officer-involved shootings of unarmed civilians. Section 12525.3 also requires the AG to prepare an investigation report and post it on the internet, and, requires the AG to prosecute criminal actions as warranted against peace officers. Penal Code section 13509.5 creates a Peace Officer Standards Accountability Division within POST to review investigations conducted by law enforcement agencies and to conduct additional investigations into serious misconduct that my provide grounds for suspension or revocation of a peace officer’s certification. 133 Further, Gov. Code § 13509.6 created a Peace Officer Standards Accountability Advisory Board, which will consists of 9 members serving 3 year terms. 134 The Board will be able to hold meetings to review findings after an investigation is made by the Peace Officer Standards Accountability Division. The Board will also make a recommendation to the Accountability Division regarding suspension or decertification. The FBOR does not contain similar provisions, but does state that its protections apply in the context of investigations of firefighters by licensing and certifying agencies. 135 Also, an outside agency conducting an administrative investigation as the agent of, or at the request of the employer or its investigation should comply with the Acts. 136 F. I NTERROGATION OF THE S UBJECT E MPLOYEE In almost all instances, an administrative investigation culminates with the interrogation of the public safety employee who is suspected of wrongdoing. Government Code sections 3303 and 3253 establish the conditions under which such interrogations might occur. Violating these statutes may lead to suppression of valuable evidence in a disciplinary appeal proceeding. Some of the more significant aspects of sections 3303 and 3253 are discussed below. Government Code section 3303 primarily addresses a public safety officer’s rights during and surrounding an

Principles for Public Safety Employment ©2022 (s) Liebert Cassidy Whitmore 46