In 1967 the U.S. Supreme Court (Garrity and Broderick) set the standard that public employees can be compelled to answer questions posed by their employers during administrative investigations concerning workplace rule violations. This questioning must be “specifically, directly and narrowly” related to the employee’s performance or ability to perform. The cases in law enforcement pretty much say this is a 24/7 requirement and public safety employees can be held at a standard greater than private company employees.

Since Ferguson in 2014 there have been several changes in the law enforcement environment that warrants a fresh and, maybe, different approach to dealing with compelled employee statements during administrative investigations:

• ‘Progressive’ prosecutors view on-duty use of force differently than in the past
• Can the prosecutor or court order an agency to not conduct an administrative investigation and not give officers a compelled statements order?
• What are other ways of getting the necessary information, but protecting an officer’s rights?
• Do the needs of the agency and community trump the perceived needs of the prosecutor?
• Can you protect an officer’s compelled statement from being used in a criminal proceeding against the officer?
• How many written reports and compelled statements should an officer be required to give during a critical incident investigation?
• Should you delay the administrative investigation until the criminal potential has been decided?

Instructor: Lou Reiter

Date: February 11, 2020

Time: 12-1pm Eastern

Cost: $99

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