VPOG TRAINING

1. VPOG TRAINING Guild Representation and OIS

2. Topics • Guild Rep Role • Member Rights • Guild Representation • OIS

3. Role of Guild Rep • Represent VPOG members in discipline matters. • Represent VPOG member in an OIS investigation • Know contract and be alert for changes • VPOG contract 33.1 – Past Practices • Think how to make the contract better

4. Officer Rights & Guild Rep Protection • Contract • State law • Constitution • 1st Amendment right to association & speech • 4th Amendment right to privacy • Case Law

5. Garrity • Testimonial Immunity in criminal proceedings • 5th Amendment Rights in law enforcement disciplinary setting. • Garrity rule: Law enforcement officer has a right to be free from compulsory self-incrimination in the disciplinary process. • Garrity requires the employer to: • Order the officer to answer the questions under the threat of disciplinary action. If officer refuses to answer questions, the officer may be disciplined for insubordination. • Ask questions which are specifically, directly, and narrowly related to the officer’s duties or the officer’s fitness for duty; and • Advise the officer that their answers will not be used against the officer in a criminal proceeding.

6. Garrity • Garrity statement can be used for • Discipline • Civil lawsuit • Criminal prosecutions of other officers • Against other officers

7. Weingarten A public employer violates the doctrine by denying union representation if: • The employee reasonably believes that a meeting called by management is for the purpose of eliciting information which might support potential disciplinary action; • The employee requests union representation, and • The employer denies the request for representation. Cowlitz County, Decision 6832 (PECB, 1999)

8. Weingarten • The right to Guild representation under Weingarten is not limited to formal PSU interviews. • If questioned by a superior officer, a member as has a right to Guild representation upon request if the member reasonably believes the incident under discussion could result in discipline.

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

10. Officer Rights • VPOG Contract 32.7 – Interviews • VPOG Contract 32.8 – Guild Representation • Subject officers who reasonably believe that an interview might result in discipline have a right to union representation by a Guild member or attorney. • Witness officers may also have a Guild rep.

11. Guild Rep Interview Role • Assists employee, but not speak for employee. • Employer may not require the rep to sit silently until the end of the interview. • Guild rep may clarify the subject matter of the interview and nature of the employer’s concern at the outset of the interview. • Employer after clarification may require rep to remain silent while employee gives initial statement. • Employer cannot deny rep ability to alert employee to problems with the phrasing or scope of a question. • Right to raise objections must be exercised cautiously. • Rep cannot delay responses where statutory privilege is not an issue. • Some input or assistance can rightfully be delayed.

12. Guild Rep Interview Duties • Ensure you understand nature of investigation by reading reports, talk with subject officer. • Ask the subject officer to tell you what happened. Listen carefully. If it doesn’t make sense, tell the officer. Remind the officer the truth must be told. • Ensure subject officer and witness officers prepare for interview. • Explain to officers not talking with coworker or peer. Talking with Chief, administration, City, mediator, lawyers, arbitrator. • Objections may occur to questions such as protected by attorney-client, spousal privilege, not related to investigation, Constitutional right. • Assure interviews are efficient (not a waste of time), not adversarial, and not formalistic. • Do not disrupt interview with repeated objections or breaks.

13. Answering Questions • Answer truthfully • Understand Question • Know the answer to the question • Limit the answer to the question

14. Interview • Can refuse to be recorded. • Will be asked if willing to answer questions. Response is respectfully, no. • Will then be ordered to answer questions. (Garrity) • Short, complete answers • Their duty to do complete investigation. Don’t help. Ask to clarify. • Opinion based questions may be asked. Officer has been ordered to answer questions. Give an honest answer. • For longer interviews ensure opportunities for breaks occur • At end of interview request a break. Discuss the interview and answers with subject officer. Any concerns, clarify after break. • At end of interview request copy of transcript.

15. OIS • Government standard is proof beyond a reasonable doubt. • Officer is VICTIM, not a defendant!!!

16. Primary Duties of Guild Rep • Comply with VPD policy as applicable • Once the officer gives a public safety statement if needed, limit the officer’s statements regarding the incident to a person where a privilege may apply. • Separate officer to a warm and safe environment. • Only Guild Rep present (attorneys will join). • Allow to call family. • Provide for comfort of officer.

17. Attorneys • VPOG Attorney • Criminal Attorney • VPOG standard procedure to have both to protect the rights of the member.

18. What you can do to help officer and his lawyer • Control the environment • Protected/safe: private, limited visibility, limited accessibility • Comfortable • Approved • Limit exposure to investigation • Public safety statement • Required versus optional demands or expectations (blood tests, walk through, etc.) • Minimize communications with officer • Keep negative personalities away!

19. Cycle of Explanation • Event: Information officer learned and their observations. • Thoughts, feelings, considerations. • Conclusion, decision, action. • Attorney will help prepare for interview which should be scheduled at least 48 hours after the shooting. • Need consistent, measured responses.

20. Subject Officer • Officer may want to talk. Ensure talks with someone where privilege exists such as their attorney or Guild Rep. • The least the officer says is the best. • Majority of OIS are justified. • Stress is greatest from administration, media and disruption of normal life – ramifications. • Guild rep role is to defuse administrative stress

21. Guild Rep Duties for Officers • Instruct members to comply with policy and obey orders. • Ensure officer is okay and not alone. • Officer shall provide public safety statement and no more – 32.6 of VPOG Contract. • After public safety statement ensure officer moved to precinct. Comfort of officer. • Notify Guild President, other Guild Executive Officer or E-board member. • Rep is eyes and ears for gathering information. Does not mean investigate. • SLOW everything down.

22. Process • Incident • Guild rep • Officer takes final look at scene, if possible • Slow things down • Attorneys • Criminal Investigation • IA • Admin Leave • Psych • Re-qualification and other possible training

23. Investigations • Criminal • IA • Separate investigations • IA can use criminal investigation information, but criminal cannot use IA information • Garrity protects in criminal case, but not civil cases

24. Evidence • Firearm will be taken • Handgun will be replaced • Rounds • Count in front of officer • Photographs • Minimum of 4 directional full body of how officer looked at the time of the shooting. • Close up of injuries and evidence • Be aware of evidence on officer • Officer can make notes and diagrams to refresh memory, provided they are drafted as a request for advice from the officer’s defense or Guild attorney.

25. Blood • Start with the premise that officer is sober (innocent until proven guilty). • VPOG response is NO, but understands is officer decision. Recommend that officers consult their attorney. • Privacy issues. • No gain. • Ensure appropriate questions are asked. • Not what meds are you taking. • Are you taking meds affect decisions, etc.?