2004-031 Resolution - Laserfiche WebLink

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ARTICLE 22 BILL OF RIGHTS 22.1 A complaint against an officer must be substantiated or it cannot be used for disciplinary action. An officer under investigation will not be compelled to make an oral or written statement until that officer is informed of the nature of the investigation and, to the extent known at the time, whether the investigation is focused on the officer for possible criminal charge(s) or disciplinary action. The officer will be apprised of possible disciplinary action to be taken by the Emplayer if the complaint is sustained. Likewise, if the officer is under arrest or is a suspect in a criminal investigation, the answers which the officer is asked to make to interrogators, and information derived from such answers, will be used in a criminal trial, the officer shall be completely informed of his Garrity Rights and/or his Miranda Rights prior to the commencement of any interrogation. 22.2 Before an officer may be charged with insubordination or like offense for refusing to answer questions or participate in an investigation, he shall be advised tha.t such conduct, if continued, may be basis for a charge against him. No member shall be charged with insubordination where such refusal is premised upon the exercise of Constitutional rights afforded him in the case of a criminai investigation. 22.3 An officer sha11 be informed of the names and addresses of all complainants. Should the complainant be another officer, upon request, the complainant may be informed of the name of the officer. The investigating officer of the complaint may be the complainant. No officer of the NOPD shall assume the role anci/or name of the original complainant unless he/she is xesearching (an intemal) or criminal investigation. The officer under interrogation and the investigator shali not be subjected to abusive or threatening language. No promise of reward shall be made. 37