It has been over 50 years since Garrity was decided by the U.S. Supreme Court and established ground rules for compelling public employees to give statements during administrative investigations. There have been relatively few challenges to that case and the cases that followed it, and none have been successful. Yet there still appears to be some misunderstanding on its application. Law enforcement agencies use compelled employee statements probably more than any other public agency.
Since the George Floyd incident in 2020 (hard to believe it’s been only 2 years) the environment has rapidly changed for law enforcement administrative investigations. Even today more and more state legislative bodies are implementing new laws and procedures that are affecting the way we conduct these investigations. Local prosecutors are taking a more critical review of police employee issues beyond shooting and use of force. Local politicians are becoming more involved in the Internal Affairs process. There’s more pressure for review boards and expanding the mission of these bodies. Even the COVID pandemic has resulted in new challenges for agencies. This webinar will address:
- Basics of Garrity and compelling government employees to provide testimony during administrative investigations
- New pressures since George Floyd
- Conducting distant interviews
- Terminations apparently without considering CBA and due process rights
- Other options for employee statements considering increased criminal prosecution potential
- Issues for external oversight and outside investigation of administrative misconduct
- Investigative and discipline considerations in the era of these new pressures.