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 Witness, their 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 generally. 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 at the GO. Finally, this provision requires that members be allowed to view their own BWC footage prior to being GO’d (and will be advised of that right on this form). Although not required, Delegates and Trustees must push Investigators to share any other video they plan on showing during the GO, including cell phone videos, Argus, etc.
Below, read the revision to the Administrative Guide:
Revision to Administrative Guide 318-11
Read the full AG Procedure:
ADMINISTRATIVE GUIDE PROCEDURE 318-11 INTERROGATION OF MEMBERS OF THE SERVICE
Below is the new notification form to notify an MOS of their employee rights if he/she is a subject or a witness:
PD339-121 Notification of Allegations and Employees Rights 01_25_fillable
