9.1-301 - Conduct of interrogation.
§ 9.1-301. Conduct of interrogation.
The provisions of this section shall apply whenever a firefighter oremergency medical technician is subjected to an interrogation which couldlead to dismissal, demotion or suspension for punitive reasons:
1. The interrogation shall take place at the facility where the investigatingofficer is assigned, or at the facility which has jurisdiction over the placewhere the incident under investigation allegedly occurred, as designated bythe investigating officer.
2. No firefighter or emergency medical technician shall be subjected tointerrogation without first receiving written notice of sufficient detail ofthe investigation in order to reasonably apprise the firefighter or emergencymedical technician of the nature of the investigation.
3. All interrogations shall be conducted at a reasonable time of day,preferably when the firefighter or emergency medical technician is on duty,unless the matters being investigated are of such a nature that immediateaction is required.
4. The firefighter or emergency medical technician under investigation shallbe informed of the name, rank, and unit or command of the officer in chargeof the investigation, the interrogators, and all persons present during anyinterrogation.
5. Interrogation sessions shall be of reasonable duration and the firefighteror emergency medical technician shall be permitted reasonable periods forrest and personal necessities. The firefighter or emergency medicaltechnician may have an observer of his choice present during theinterrogation, as long as the interview is not unduly delayed. This observermay not participate or represent the employee, may not be involved in theinvestigation, and must be a current member of the Department, for purposesof confidentiality.
6. The firefighter or emergency medical technician being interrogated shallnot be subjected to offensive language or offered any incentive as aninducement to answer any questions.
7. If a recording of any interrogation is made, and if a transcript of theinterrogation is made, the firefighter or emergency medical technician underinvestigation shall be entitled to a copy without charge. Such record may beelectronically recorded.
8. No firefighter or emergency medical technician shall be discharged,disciplined, demoted, denied promotion or seniority, or otherwise disciplinedor discriminated against in regard to his employment, or be threatened withany such treatment as retaliation for his exercise of any of the rightsgranted or protected by this chapter.
Nothing contained in this section shall prohibit a local governing body fromgranting its employees rights greater than those contained herein.
(1987, c. 509, § 2.1-116.9:2; 2001, c. 844; 2010, c. 779.)