Nevins IA guide

Requires an agency to establish a procedure to investigate public complaints against a peace officer

• Peace Officer Bill of Rights Act
• Contained in 3300-3313 of the Government Code

Can't be forced or prohibited from engaging in political activity.

Any conversation that may result in punitive (Discipline) is protected under POBRA

Informal verbal counseling, instruction, routine contact, suspect interview in a criminal investigation, NOT protected under POBRA

Can be recorded by both parties.

If an additional interrogation is needed, officer MUST be given previous recorded interrogation.

Can't compel to take a lie detector test.

• Time and place:
• Preferably on duty, if not pay OT (Reasonable hour)
• Unless exigent circumstances
• Reasonable length of interview (Allow for "Physical needs")

Notify the nature of the investigation

Notify of name, rank and intro other persons in the room

No more than two asking questions to the accused

Can have one anytime the conversation/interrogation could lead to discipline.

Can be ANYONE, as long as not a part of the investigation.

No offensive language or threats

Except when insubordinate during an interview, can NOT threaten with potential discipline.

No promise of leniency

MUST mirandize when criminal nexus is discovered

No press/media unless agreed upon

Statements made under duress (Garrity) GENERALLY can NOT be used in criminal or civil.

In court proceedings IF after a pitches motion the, statement would impeach the officer

Officer is dead

During FEDERAL civil proceedings

Officer takes civil action after receiving discipline (Civil Service Commission)

Must be completed within one year and notified of INTENDED discipline.

Discipline does not need to be served in one year.

• Exceptions:
• Multiple accused/jurisdictions
• Criminal trial / Civil
• Officer agrees to extension
• Officer incapacitated or unavailable
• Worker's comp

New evidence to affect the outcome

Would not have been found otherwise during the original investigation

During Pre-Disciplinary hearing new evidence.

• Can't put ANYTHING adverse into file without employee signature
• Employee has 30 days to respond in writing.

Can only search lockers/storage place when:

• Consent
• In the presence of the employee
• Search warrant
• When employee notified it will take place
• Only Department owned/controlled areas

Up to $25,000 fine per violation and damages

Can't punish for wearing the American flag, unless policy says you can't

Here's a good one…. An employee rep that is a SWORN member (NOT an attorney) CAN be compelled to give any statements made by the accused outside of the recorded interview ONLY when a crime is involved.

• Employees have the right to privacy for personal (And family) financial records.
• Unless as a part of a background process or conflict of interest (Vice Cop.)

Can opt out of having photo on the Department's INTERNET (NOT INTRANET)