VPOG TRAINING

VPOG TRAININGVPOG TRAINING

Guild Representation and OISGuild Representation and OIS

TopicsTopics

Guild Rep RoleGuild Rep Role Member RightsMember Rights Guild RepresentationGuild Representation OISOIS

Role of Guild RepRole of Guild Rep

Represent VPOG members in Represent VPOG members in discipline matters.discipline matters.

Represent VPOG member in an OIS Represent VPOG member in an OIS investigationinvestigation

Know contract and be alert for Know contract and be alert for changeschanges VPOG contract 33.1 – Past PracticesVPOG contract 33.1 – Past Practices

Think how to make the contract betterThink how to make the contract better

Officer Rights & Guild Rep Officer Rights & Guild Rep ProtectionProtection

ContractContract State lawState law ConstitutionConstitution

11stst Amendment right to association & Amendment right to association & speechspeech

44thth Amendment right to privacy Amendment right to privacy Case LawCase Law

GarrityGarrity Testimonial Immunity in criminal proceedingsTestimonial Immunity in criminal proceedings 55thth Amendment Rights in law enforcement Amendment Rights in law enforcement

disciplinary setting.disciplinary setting. Garrity rule: Law enforcement officer has a right Garrity rule: Law enforcement officer has a right

to be free from compulsory self-incrimination in to be free from compulsory self-incrimination in the disciplinary process.the disciplinary process.

Garrity requires the employer to:Garrity requires the employer to: Order the officer to answer the questions under the threat Order the officer to answer the questions under the threat

of disciplinary action. If officer refuses to answer of disciplinary action. If officer refuses to answer questions, the officer may be disciplined for questions, the officer may be disciplined for insubordination.insubordination.

Ask questions which are specifically, directly, and Ask questions which are specifically, directly, and narrowly related to the officernarrowly related to the officer’’s duties or the officers duties or the officer’’s s fitness for duty; andfitness for duty; and

Advise the officer that their answers will not be used Advise the officer that their answers will not be used against the officer in a criminal proceeding.against the officer in a criminal proceeding.

GarrityGarrity

Garrity statement can be used for Garrity statement can be used for DisciplineDiscipline Civil lawsuitCivil lawsuit Criminal prosecutions of other officersCriminal prosecutions of other officers Against other officersAgainst other officers

WeingartenWeingarten

A public employer violates the doctrine by A public employer violates the doctrine by denying union representation if:denying union representation if:

1.1. The employee The employee reasonably believesreasonably believes that that a meeting called by management is for the a meeting called by management is for the purpose of eliciting information which purpose of eliciting information which might support potential disciplinary action;might support potential disciplinary action;

2.2. The employee The employee requestsrequests union union representation, andrepresentation, and

3.3. The employer The employer denies the requestdenies the request for for representation. representation. Cowlitz County, Decision 6832 (PECB, Cowlitz County, Decision 6832 (PECB, 1999) 1999)

WeingartenWeingarten

The right to Guild representation The right to Guild representation under Weingarten is not limited to under Weingarten is not limited to formal PSU interviews.formal PSU interviews.

If questioned by a superior officer, a If questioned by a superior officer, a member as has a right to Guild member as has a right to Guild representation upon request if the representation upon request if the member reasonably believes the member reasonably believes the incident under discussion could incident under discussion could result in discipline.result in discipline.

WeingartenWeingarten

Does not apply to interviews of a Does not apply to interviews of a police officer in the normal course of police officer in the normal course of duty, counseling, instruction, or duty, counseling, instruction, or informal verbal admonishment by or informal verbal admonishment by or other routine or unplanned contact other routine or unplanned contact with a supervisor or any other police with a supervisor or any other police officer.officer.

Officer RightsOfficer Rights

VPOG Contract 32.7 – InterviewsVPOG Contract 32.7 – Interviews VPOG Contract 32.8 – Guild VPOG Contract 32.8 – Guild

RepresentationRepresentation Subject officers who reasonably believe Subject officers who reasonably believe

that an interview might result in discipline that an interview might result in discipline have a right to union representation by a have a right to union representation by a Guild member or attorney.Guild member or attorney.

Witness officers may also have a Guild Witness officers may also have a Guild rep.rep.

Guild Rep Interview RoleGuild Rep Interview Role Assists employee, but not speak for employee.Assists employee, but not speak for employee. Employer may not require the rep to sit silently until the Employer may not require the rep to sit silently until the

end of the interview.end of the interview. Guild rep may clarify the subject matter of the interview Guild rep may clarify the subject matter of the interview

and nature of the employerand nature of the employer’’s concern at the outset of the s concern at the outset of the interview.interview.

Employer after clarification may require rep to remain silent Employer after clarification may require rep to remain silent while employee gives initial statement.while employee gives initial statement.

Employer cannot deny rep ability to alert employee to Employer cannot deny rep ability to alert employee to problems with the phrasing or scope of a question.problems with the phrasing or scope of a question.

Right to raise objections must be exercised cautiously.Right to raise objections must be exercised cautiously. Rep cannot delay responses where statutory privilege is not Rep cannot delay responses where statutory privilege is not

an issue.an issue. Some input or assistance can rightfully be delayed.Some input or assistance can rightfully be delayed.

Guild Rep Interview DutiesGuild Rep Interview Duties Ensure you understand nature of investigation by reading Ensure you understand nature of investigation by reading

reports, talk with subject officer.reports, talk with subject officer. Ask the subject officer to tell you what happened. Listen Ask the subject officer to tell you what happened. Listen

carefully. If it doesn’t make sense, tell the officer. Remind carefully. If it doesn’t make sense, tell the officer. Remind the officer the truth must be told.the officer the truth must be told.

Ensure subject officer and witness officers prepare for Ensure subject officer and witness officers prepare for interview.interview.

Explain to officers not talking with coworker or peer. Explain to officers not talking with coworker or peer. Talking with Chief, administration, City, mediator, lawyers, Talking with Chief, administration, City, mediator, lawyers, arbitrator.arbitrator.

Objections may occur to questions such as protected by Objections may occur to questions such as protected by attorney-client, spousal privilege, not related to attorney-client, spousal privilege, not related to investigation, Constitutional right.investigation, Constitutional right.

Assure interviews are efficient (not a waste of time), not Assure interviews are efficient (not a waste of time), not adversarial, and not formalistic.adversarial, and not formalistic.

Do not disrupt interview with repeated objections or breaks.Do not disrupt interview with repeated objections or breaks.

Answering QuestionsAnswering Questions

Answer truthfullyAnswer truthfully Understand QuestionUnderstand Question Know the answer to the questionKnow the answer to the question Limit the answer to the questionLimit the answer to the question

InterviewInterview Can refuse to be recorded.Can refuse to be recorded. Will be asked if willing to answer questions. Response is Will be asked if willing to answer questions. Response is

respectfully, no. respectfully, no. Will then be ordered to answer questions. (Garrity)Will then be ordered to answer questions. (Garrity) Short, complete answersShort, complete answers

Their duty to do complete investigation. DonTheir duty to do complete investigation. Don ’’t help. Ask to t help. Ask to clarify.clarify.

Opinion based questions may be asked. Officer has been Opinion based questions may be asked. Officer has been ordered to answer questions. Give an honest answer.ordered to answer questions. Give an honest answer.

For longer interviews ensure opportunities for breaks occurFor longer interviews ensure opportunities for breaks occur At end of interview request a break. Discuss the interview At end of interview request a break. Discuss the interview

and answers with subject officer. Any concerns, clarify and answers with subject officer. Any concerns, clarify after break.after break.

At end of interview request copy of transcript.At end of interview request copy of transcript.

OISOIS

Government standard is proof Government standard is proof beyond a reasonable doubt.beyond a reasonable doubt.

Officer is VICTIM, not a defendant!!!Officer is VICTIM, not a defendant!!!

Primary Duties of Guild RepPrimary Duties of Guild Rep Comply with VPD policy as applicableComply with VPD policy as applicable Once the officer gives a public safety Once the officer gives a public safety

statement if needed, limit the officer’s statement if needed, limit the officer’s statements regarding the incident to a statements regarding the incident to a person where a privilege may apply.person where a privilege may apply.

Separate officer to a warm and safe Separate officer to a warm and safe environment.environment. Only Guild Rep present (attorneys will Only Guild Rep present (attorneys will

join).join). Allow to call family.Allow to call family. Provide for comfort of officer.Provide for comfort of officer.

AttorneysAttorneys

VPOG AttorneyVPOG Attorney Criminal AttorneyCriminal Attorney VPOG standard procedure to have VPOG standard procedure to have

both to protect the rights of the both to protect the rights of the member.member.

What you can do to help officer and What you can do to help officer and his lawyerhis lawyer

Control the environmentControl the environment Protected/safe: private, limited visibility, Protected/safe: private, limited visibility,

limited accessibilitylimited accessibility ComfortableComfortable ApprovedApproved

Limit exposure to investigationLimit exposure to investigation Public safety statementPublic safety statement Required versus optional demands or Required versus optional demands or

expectations (blood tests, walk through, etc.)expectations (blood tests, walk through, etc.) Minimize communications with officerMinimize communications with officer Keep negative personalities away!Keep negative personalities away!

Cycle of ExplanationCycle of Explanation

Event: Information officer learned and Event: Information officer learned and their observations.their observations.

Thoughts, feelings, considerations.Thoughts, feelings, considerations. Conclusion, decision, action.Conclusion, decision, action. Attorney will help prepare for interview Attorney will help prepare for interview

which should be scheduled at least 48 which should be scheduled at least 48 hours after the shooting.hours after the shooting.

Need consistent, measured responses.Need consistent, measured responses.

Subject OfficerSubject Officer

Officer may want to talk. Ensure talks with Officer may want to talk. Ensure talks with someone where privilege exists such as someone where privilege exists such as their attorney or Guild Rep. their attorney or Guild Rep.

The least the officer says is the best.The least the officer says is the best. Majority of OIS are justified.Majority of OIS are justified. Stress is greatest from administration, Stress is greatest from administration,

media and disruption of normal life – media and disruption of normal life – ramifications.ramifications.

Guild rep role is to defuse administrative Guild rep role is to defuse administrative stressstress

Guild Rep Duties for OfficersGuild Rep Duties for Officers Instruct members to comply with policy and obey Instruct members to comply with policy and obey

orders.orders. Ensure officer is okay and not alone.Ensure officer is okay and not alone. Officer shall provide public safety statement and Officer shall provide public safety statement and

no more – 32.6 of VPOG Contract.no more – 32.6 of VPOG Contract. After public safety statement ensure officer After public safety statement ensure officer

moved to precinct. Comfort of officer.moved to precinct. Comfort of officer. Notify Guild President, other Guild Executive Notify Guild President, other Guild Executive

Officer or E-board member.Officer or E-board member. Rep is eyes and ears for gathering information. Rep is eyes and ears for gathering information.

Does not mean investigate.Does not mean investigate. SLOW everything down.SLOW everything down.

ProcessProcess

IncidentIncident Guild repGuild rep Officer takes final look at scene, if possibleOfficer takes final look at scene, if possible Slow things downSlow things down

AttorneysAttorneys Criminal InvestigationCriminal Investigation IAIA Admin LeaveAdmin Leave PsychPsych Re-qualification and other possible trainingRe-qualification and other possible training

InvestigationsInvestigations

Criminal Criminal IAIA Separate investigationsSeparate investigations

IA can use criminal investigation IA can use criminal investigation information, but criminal cannot use IA information, but criminal cannot use IA informationinformation

Garrity protects in criminal case, but Garrity protects in criminal case, but not civil casesnot civil cases

EvidenceEvidence Firearm will be takenFirearm will be taken

Handgun will be replacedHandgun will be replaced RoundsRounds

Count in front of officerCount in front of officer PhotographsPhotographs

Minimum of 4 directional full body of how officer looked Minimum of 4 directional full body of how officer looked at the time of the shooting.at the time of the shooting.

Close up of injuries and evidenceClose up of injuries and evidence Be aware of evidence on officerBe aware of evidence on officer Officer can make notes and diagrams to refresh Officer can make notes and diagrams to refresh

memory, provided they are drafted as a request memory, provided they are drafted as a request for advice from the officer’s defense or Guild for advice from the officer’s defense or Guild attorney.attorney.

BloodBlood

Start with the premise that officer is sober Start with the premise that officer is sober (innocent until proven guilty).(innocent until proven guilty).

VPOG response is NO, but understands is VPOG response is NO, but understands is officer decision. Recommend that officers officer decision. Recommend that officers consult their attorney.consult their attorney.

Privacy issues.Privacy issues. No gain.No gain. Ensure appropriate questions are asked.Ensure appropriate questions are asked.

Not what meds are you taking.Not what meds are you taking. Are you taking meds affect decisions, etc.?Are you taking meds affect decisions, etc.?