Paul DiGiacomo and our DEA attorneys attended a meeting on December 5, 2023, with Deputy Commissioner of Labor Relations Ed Delatorre, Chief Koutroumanos from OMAP, and other executives regarding a new form/procedure that will be followed by the Internal Affairs Bureau and other Investigations Units when our members are being GO-15’d. When a member is being questioned as part of an official investigation under Admin. Guide 318-11 (formerly GO-15), prior to the start of the interview, the member and counsel will be given a newly created form entitled “NOTICE OF ALLEGATIONS AND EMPLOYEE’S RIGHTS.” It sets forth whether the member is a Subject or a Witness, his/her rights and immunities as set forth in GO-15/AG 318-11, and the false statement provisions under Admin Guide 304-10. Notably, there will also be a section in the new form entitled “Allegations Against Member” where the Investigators are required to include the specific allegations against the member and who the complainant is, if applicable. This is the key part of the form; we must push internal Investigators to include as much as possible in this section. It is a blank canvass. We should not settle for “Department Rules Violation,” “DRV – Other,” or “Conduct Prejudicial,” etc.
This form is not granting our members any “new” rights they don’t already have, either under the Patrol Guide, or the law in general. However, the form will assist us in defining the specific allegations against our members prior to their GO. Oftentimes that is done “off the record” anyway, prior to the GO, where we speak with Investigators before the GO and obtain as much info as we can. But now, it will be in writing and could protect the member if new or different allegations later surface. It can be another tool in our fight to keep IAB honest and fair. Also, since members will be served this form prior to the GO, hopefully, we can waive the readings of the several PG hearings, particularly the false statement provisions (AG 304-10), which take up way too much time at the beginning of the GO.
Finally, this provision does NOT REQUIRE INTERNAL INVESTIGATORS TO SHARE VIDEO prior to the GO (such as social media videos, Argus videos, bodega or cell phone footage, etc.). While members are allowed to view their own BWC footage prior to being GO’d (and will be advised of that right on this form), there is no such right when it comes to any other videos. We essentially deal with this on a case-by-case basis and are at the whim of the Investigators.
The DEA is pursuing this additional right with the Department. We fought for CCRB to provide it, which it now does — and so should the Department. If they have video, share it. We should not stand for any “gotcha” moments at IAB. This new procedure/form will be formally announced in a Revision Order to be published shortly.
