Investigations
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Thread: Investigations

  1. #1
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    Post Investigations

    It has often been asked what to do when an investigation is initiated. This blog will provide you with answers from experts from investigations, attorneys views, and employee representatives.

  2. #2
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    Re: Investigations

    SB1062 makes improvements in the law enforcement disciplinary process, specifically, in three areas:

    (1.) Specifies that at the conclusion of an interview in which an employer reasonably believes could result in dismissal, demotion or suspension of the law enforcement officer, the officer is entitled to the following:

    A period of time to consult with the officer’s representative.
    A statement not to exceed five minutes, addressing specific facts or policies that are related to the interview.
    (2.) Only allows an employer, except where a statute or ordinance makes the administrative evidentiary hearing the final administrative determination, to amend, modify, reject or reverse a decision made by a hearing officer, administrative law judge or appeals board after a hearing if the following occur:

    The officer and employer were equally allowed to call and examine witnesses, cross-examine witnesses, provide documentary evidence and otherwise fully participate in the hearing.
    The decision was arbitrary or without reasonable justification.
    (3.) Prohibits an employer from including any information about an investigation in the portion of the personnel file of an officer that is available for public inspection and copying until one of the following occurs:

    The investigation is complete.
    The employer has discontinued the investigation.
    Specifies that if the officer has timely appealed a disciplinary action, the investigation is not complete until the conclusion of the appeal process.
    History
    A.R.S. Section 38-1101 outlines the rights of law enforcement officers regarding interviews the employer reasonably believes could result in dismissal, demotion or suspension. Specifically, officers are allowed to request to have a representative present during the interview. The officer must be permitted reasonable breaks of limited duration for telephonic or in person consultation with others who are immediately available. Additionally, before the commencement of an interview, the employer must provide the officer with a written notice informing the officer of the following: 1) the specific nature of the investigation, 2) the officer’s status in the investigation and 3) all known allegations of misconduct.

    A disciplinary action is the dismissal, demotion or suspension for more than 24 hours of an officer that is authorized by statute, charter or ordinance. Disciplinary actions are subject to appeals hearings or other procedures by a local merit board, a civil service board, an administrative law judge (ALJ) or a hearing officer. Employers may amend, modify, reject or reverse the decision of a hearing officer, ALJ or board, but the employer must state the reasons for the amendment, modification, rejection or reversal.

  3. #3
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    Re: Investigations

    Wasn't that one of the unions bill? cagecop

  4. #4
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    Re: Investigations

    I found this while googling Arizona corrections and employee rights. It was the only thing that came up. The bill was presented by a national law enforcement organization whom they say is the largest in the nation. I did not find anything good from any of the unions out there.
    As far as 601’s go you should know your rights. I conferred with an attorney that is part of a union out there. He advised that union membership is key to your defense. He said that he would help any member after their disciplinary for a fee, which I assume is in addition to your union dues. I think an officer could do better by defending them selves or finding some one that could assist them for free if such a thing exists.
    Knowing your rights is what I believe is key. Google Rights of Law Enforcement Officers and FSLA. Also Arizona Revised Statutes 13-3811 helps. Read and learn DO 601 and DO 501 and 508. Have a friend that will sit with you because they respect you.
    This blog is for answering specific questions. I advise not to discuss a current investigation. You can ask indirect broad questions.
    When an investigator requests to talk with you, you need to know if you are the principal of the investigation. Never assume you are not, because what you say may cost you disciplinary action. Ask to have your own recorder and a representative with you. Ask if it is internal affairs or criminal. If it is internal affairs ask for your Garrity Rights. If it is Criminal, shut up and ask for an attorney or call the one you have.
    Mod 613

  5. #5
    Guest

    Re: Investigations

    So what do we do if our union failed to help us and I got time off. They said they could'nt do anything for me but they still take my money and they are out there recruiting every week.

  6. #6
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    Re: Investigations

    Hmm, good question there safford sas. Does your "union" have a grievance system? Do they have a legal team that over sees them? Do they have a local board? Most of these "employee organizations" have a board that should report to you. You can contact Phoenix personnel and they can give you the listed charter of members that govern their union. You can call Phoenix from work.

    You can look the board members (or have some one look them up) on groupwise or at personnel to find out where they work. Call them at work and put the heavy questions to them. If they are not up to your satisfaction you can then complain about them. You do pay them, they should live up to that service. If complaning about them does not work then vote them out. Now I keep track of all unions and have noticed that it stays the same ole same ole. If you do not like what they do leave them.

    Research your rights as a union member at [b]National Right To Work (http://www.NRTW.org, National Legal and Policy Center (http://www.NLPC.org), (http://www.LaborPains.org), Hobbs Act of 2007 at (http://www.wikipedia.org), and (http://www.unionfacts.com).

    Now there is only one "employee organization" thet claims to defend your rights, fight for your benifits, and not play union politics to take your constitutional rights away. I am not here to advicate for any specific group, only for you on this blog as an individual. I am here to give the straight facts.

    Mod 613

  7. #7
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    Re: Investigations

    Now you folks do know that this blog is for help during "investigations". I can read the minds of all of you and see the confusion and concerns of unions.

    Mod 613

  8. #8
    Guest

    Re: Investigations

    I work in Safford. I got 601ed and was told to go toalk to the investigator. I asked to call my representative and was told if I was refusing that I would be fired. So I talked to the investigator alone. I called my union rep and they told me it was to late to help me and it was my fault.

    What do I do. Can I grieve and who do I grieve?

  9. #9
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    Re: Investigations

    Let me start like my Ol' Friend Bullethead would. No offense but is your problem like your sign on name "Crazy ans Lazy". Is your 601 based on these attitudes? Act like a prison cop and not crazy and lazy like up in smoke.

    Now, seriously, if you are in Safford I imagine that the investigator drove from Tucson and even Phoenix to see several officers in one day. You did not say if it was criminal or an administrative investigation, so it is hard to give a good comment. In department Order 501, you must be professional at all times. We are Law Enforcement Officers and represent the government of Arizona and the United States. We took an oath to do just that. Now as for an investigation, it is for your benifit. A PACE entry IS NOT a write up. An NNTI or Letter of Instruction is not a write up. An officila write up is official disciplinary as per DO601 deffinitions is "Written reprimand, suspension, or dismissal that comes from an administrator. So relax, it is a technical jomb that takes alot of focus. So focus on your job, do it write, and avoid disciplinary. Pace entries you will get alot of , positive and negative. Fighting a PACE entry is a waste when you get to make your own comment as well. It is when you are not allowed to make a comment or get a poor score is when you grieve. There used be a time that they did not do an investigation, you were either suspended or fired.

    Now to some answers. I am just assuming that the investigator came from Phoenix since most CIU on the Complex are criminal for inmates and visitors (don't hold me to that). According to DO 601.04 you should have received noticed prior to the interview and would have had plenty of time to get an observer. You can use any employee to be an observer according to DO 601.05. Even on the day of the interview you could ask for an observer and the interview should have been allowed to delay for no more than 2 hours. If this was not allowed and they pulled the old "If you refuse to cooperate you can be fired" line then you have a grievance under DO 517.

  10. #10
    Guest

    Re: Investigations

    Hey, my union just left while I am under investigation! WTF do I do now, i dont know what to do. Who do I call, the warden told me that they dont do referals.

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