Whenever a sworn member is the subject of disciplinary investigation other than summary punishment, the interrogation will be conducted in the following manner:
A. The interrogation of the officer, other than in the initial stage of the investigation, shall be scheduled at a reasonable time, preferably while the officer is on duty, or if feasible, during daylight hours.
B. The interrogation, depending upon the allegation, will normally take place at either the officer's unit of assignment, the independent police review authority, the bureau of internal affairs, or other appropriate location.
C. Prior to an interrogation, the officer under investigation shall be informed of the identity of the person in charge of the investigation, the interrogation officer, and the identity of all persons present during the interrogation. When a formal statement is being taken, all questions directed to the officer under interrogation shall be asked by and through one interrogator.
D. No anonymous complaint made against an officer shall be made the subject of a complaint register investigation unless the allegation is of a criminal nature.
E. Immediately prior to the interrogation of an officer under investigation, he shall be informed in writing of the nature of the complaint and the names of all complainants.
F. The length of interrogation sessions will be reasonable, with reasonable interruptions permitted for personal necessities, meals, telephone calls and rest.
G. An officer under interrogation shall not be threatened with transfer, dismissal or disciplinary action or promised a reward as an inducement to provide information relating to the incident under investigation or for exercising any rights contained herein.
H. An officer under investigation will be provided without unnecessary delay, with a copy of any written statement he has made.
I. If the allegation under investigation indicates a recommendation for separation is probable against the officer, the officer will be given the statutory administrative proceedings rights, or if the allegation indicates criminal prosecution is probable against the officer, the officer will be given the constitutional rights concerning self-incrimination prior to the commencement of interrogation.
J. An officer under interrogation shall have the right to be represented by counsel of his own choice and to have that counsel present at all times during the interrogation. The interrogation shall be suspended for a reasonable time until representation can be obtained.
(Prior code § 11-34.1; Amend Coun. J. 11-13-07, p. 16031, § 2; Amend Coun. J. 11-19-14, p. 98037, § 5)