§ 42-28.6-2 - Conduct of investigation.
SECTION 42-28.6-2
§ 42-28.6-2 Conduct of investigation.– Whenever a law enforcement officer is under investigation or subjected tointerrogation by a law enforcement agency, for a non-criminal matter whichcould lead to disciplinary action, demotion, or dismissal, the investigation orinterrogation shall be conducted under the following conditions:
(1) The interrogation shall be conducted at a reasonablehour, preferably at a time when the law enforcement officer is on duty.
(2) The interrogation shall take place at an office withinthe department previously designated for that purpose by the chief of police.
(3) The law enforcement officer under interrogation shall beinformed of the name, rank, and command of the officer in charge of theinvestigation, the interrogating officer, and all persons present during theinterrogation. All questions directed to the officer under interrogation shallbe asked by and through one interrogator.
(4) No complaint against a law enforcement officer shall bebrought before a hearing committee unless the complaint be duly sworn to beforean official authorized to administer oaths.
(5) The law enforcement officer under investigation shall,prior to any interrogating, be informed in writing of the nature of thecomplaint and of the names of all complainants.
(6) Interrogating sessions shall be for reasonable periodsand shall be timed to allow for such personal necessities and rest periods asare reasonably necessary.
(7) Any law enforcement officer under interrogation shall notbe threatened with transfer, dismissal, or disciplinary action.
(8) If any law enforcement officer under interrogation isunder arrest, or is likely to be placed under arrest as a result of theinterrogation, he or she shall be completely informed of all his or her rightsprior to the commencement of the interrogation.
(9) At the request of any law enforcement officer underinterrogation, he or she shall have the right to be represented by counsel ofhis or her choice who shall be present at all times during the interrogation.The interrogation shall be suspended for a reasonable time until representationcan be obtained.
(10) No statute shall abridge nor shall any law enforcementagency adopt any regulation which prohibits the right of a law enforcementofficer to bring suit arising out of his or her duties as a law enforcementofficer.
(11) No law enforcement agency shall insert any adversematerial into any file of the officer unless the officer has an opportunity toreview and receive a copy of the material in writing, unless the officer waivesthese rights in writing.
(12) No public statement shall be made prior to a decisionbeing rendered by the hearing committee and no public statement shall be madeif the officer is found innocent unless the officer requests a publicstatement; provided, however, that this subdivision shall not apply if theofficer makes a public statement. The foregoing shall not preclude a lawenforcement agency, in a criminal matter, from releasing information pertainingto criminal charges which have been filed against a law enforcement officer,the officer's status of employment and the identity of any administrativecharges brought against said officer as a result of said criminal charges.
(13) No law enforcement officer shall be compelled to speakor testify before, or be questioned by, any non-governmental agency.