| 1. At what point am I entitled to legal representation in the disciplinary process?
The right to representation is triggered by the employee�s reasonable belief that his/her responses to questioning could give rise to discipline. Generally, witnesses are not entitled to representation unless the conduct which they observed was so gross that the witness was neglect in their failure to report. Employees are not entitled to representation in the context of routine counseling or verbal admonishment by a supervisor. When in doubt when being questioned by a supervisor, the employee should ask the supervisor if the responses to questioning could lead to discipline. If the supervisor says "yes" or "depending upon your responses," the employee should request legal representation. 2. How long does the Department have to complete an Internal Affairs investigation? The Procedural Bill of Rights Act (POBR) was amended January 1, 1998 to provide that Internal Affairs investigations must generally be completed within one (1) year from the date the Department discovers the incident giving rise to the investigation. There are a number of exceptions to this time limitation including reasonable extensions for multi-jurisdictional investigations and investigations involving a matter in criminal litigation where the complainant is a criminal defendant. 3.What information must the Department provide to an accused employee prior to an Internal Affairs interview? The accused employee must be informed of the nature of the investigation as well as the rank, name and command of the interrogating officers. Accused employees are not entitled to statements of witnesses prior to their investigative interview. An accused employee is entitled to a copy of his or her own statement if the employee is to be re-interviewed regarding the same or similar allegations. 4. What is a Skelly hearing? A Skelly is a hearing which must be provided to an employee prior to the imposition of discipline. Generally, Skelly�s must be provided in the case of termination, demotion, suspension, reduction in pay and transfer with an accompanying loss in pay. An employee�s Skelly rights entitle the employee to due process consisting of 1) notice of the intended disciplinary action; 2) a copy of all materials upon which the action is based; and 3) an opportunity to respond orally or in writing to an impartial reviewer prior to discipline being imposed Law Enforcement Officers Safety Act of 2004 HR 218..to.see the bill, click here. |
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| Lassen County Deputy Sheriffs' Association "We'll fight for you" |
| Links |
| Contact us |
| 1415 Sheriff Cady Ln. Susanville, Ca 96130 530-257-6121 |
| Email: |
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| The mission of the association is as follows: a: To provide representation for it's members as necessary in matters relating to employment, working conditions and benefits. b: To encourage the establishment of training schools and other methods of instruction, that tend to support peace officer professionalism. c: To encourage activities that tend to improve the morale and welfare of it's members. AGENDA: General membership meeting ... 16 March 2005 @ 1830 hours. Susanville Veterans Memorial Hall (in the basement) Board of Directors meeting... 07 March 2005 Time & Place: TBD |
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| A few things a DSA member should know about their rights |
| By-Laws |
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| Lassen County, CA deputy sheriff badge, circa 1940 worn by William C Hutcheson Jr. |
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| a matter of time... |
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| i'm outta here...YAHOO.COM |
| Salary Survey (you gotta see this)!! |
