(A) The complete interview of all departmental members shall be recorded mechanically or by a stenographer. There will be no “off the record” questions. All recesses called during the questioning shall be noted in the record. The requirement to record may be waived by mutual agreement.
(B) The interview shall take place at a location designated by the investigating officer and when feasible in the Town Hall. The interview shall be at a reasonable hour, preferably when the member is on duty, unless the exigencies of the investigation dictate alternate procedure. A department member’s tour of duty may be changed without penalty in order to comply with this division (B). If such interview occurs during off-duty time of the member being interviewed, the member shall be compensated for his or her off-duty time in accordance with regular department procedures.
(C) All members of the department who are interviewed in an administrative investigation shall be informed of the rank of the officers who are conducting the interview and the identity of all persons present during the interview. All members of the department who are being interviewed in relation to an administration investigation shall be informed of the nature of the investigation before any interview commences. Sufficient information to reasonably apprise the members of the allegations should be provided. If it is known that a member of the department being interviewed is a witness only, he or she shall be so informed.
(D) Administrative investigation interviews shall be completed within reasonable time limits and such respites as necessary shall be allowed. Time shall be provided for personal necessities, meals, telephone calls, and rest periods as are reasonably required.
(E) Department members shall not be subjected to offensive language nor shall they be threatened with dismissal or other disciplinary punishment. No promise of reward shall be made as an inducement to answering questions, nothing herein is to be construed as to prohibit the investigating officers from informing the member that his or her conduct can become the subject of disciplinary action should he or she refuse to obey a lawful order. The department member shall be asked questions by and through not more than two investigators.
(F) When the department member is to be interviewed concerning an alleged violation of departmental rules and regulations which if proven, could result in his or her dismissal from the service or the infliction of other disciplinary punishment upon him or her, he or she shall be afforded a reasonable opportunity and facilities to contact and consult privately with an attorney of his or her own choosing. Expenses incurred as a result of a department member choosing to be represented by counsel of his or her own choosing shall be paid for by the department member so requesting the attorney. An attorney of his or her own choosing may be present during the interview but may not participate in the interview except to counsel the member. In such cases, following the notification of interview, the interview may not be postponed more than three working days for the purpose of obtaining counsel.
(G) If a department member is under arrest or is likely to be arrested when he or she is a suspect or a target of a criminal investigation, he or she shall be advised of his or her constitutional rights. department members shall be given an exact copy of any written statement they may execute.
(H) The refusal of a department member to answer pertinent questions concerning any matter may result in disciplinary action if the questions are specifically and narrowly related to his or her duties of fitness for office.
(I) No department member shall be ordered or asked to submit to a polygraph (lie detector test), blood test, breathalyzer test, and/or other test or procedure which would violate his or her rights under the Constitution of the United States or the Constitution of the State of Indiana.
(1) Such test may be given if requested by the department member and the results of such test may be used in relation to subsequent departmental or criminal charges.
(2) The procedural requirements spelled out in this division (I) are not applicable in circumstances relating to ordinary supervisory inquiries into the official duties, fitness for office, or responsibilities of the Town Marshal’s office.
(3) No member of the department shall be compelled to submit to the polygraph examination, on a complaint, without corroborating evidence in the noncriminal matter, unless the complaining party is requested and submits to a polygraph examination before hand. Should the complainant refuse or fail the examination, the member will not be asked or compelled to submit to the examination. If the complaining party passes the examination showing truth in his or her complaint, or if there is sufficient corroborating evidence, the Marshal may order the member to submit to the examination. Failure to comply can become the basis for termination for insubordination.
(4) In criminal matters under investigation, the member shall be advised of his or her right to accept or reject the polygraph examination. Should the member elect to refuse the examination, he or she may be ordered to take the examination by the Marshal as an aid in the administrative investigation. Failure to submit may be cause for disciplinary action. The member will be informed that the refusal to submit to the polygraph cannot and will not be used against him or her in a criminal court of law. Should the member waive his or her rights and elect to take the polygraph examination and agree the results may be used, he or she shall be informed that the results of the polygraph examination may be used by the department in both administrative and criminal actions.
(5) In criminal investigations, when a member refuses to submit to a polygraph examination, after being ordered to do so by the Marshal, disciplinary action may be suspended, unless the member is under arrest, until the final court disposition of the matter, or the member may be terminated for insubordination. The disposition of the disciplinary action against the member, if any, shall rest with the Marshal. This disciplinary action can be up to ten days. Any action over ten days requires the approval of the Town Council.
(J) A department member who has been accused or has been the subject of an investigation or allegation shall be informed in writing when the investigation is complete. And the determination of such investigation shall be placed in the internal investigation file. The department member shall read and be allowed to sign and date, any document having reference to the results and/or disposition of an investigation, prior to its being placed in the member’s file.
(K) Any disciplined member has the right of appeal available to employees under I.C. 36-8-3-4.
(L) This document shall not be construed to supercede, in part or in whole, any Town Marshal’s rules or regulations or any section of Rules and Regulations for the Town Marshal’s office.
(M) In the event that any section, division, or other portion of this subchapter should be found to be unconstitutional, illegal, or otherwise invalid, the remainder of the document shall continue in full force and effect.
(N) All administrative investigations are confidential and employees shall not divulge to any source the nature of the investigation. The accused or subject of the investigation can divulge to legal counsel information related to the investigation. All inquiries related to any administrative investigation shall be directed to the office the Town Marshal.
(O) All inquiries to any officer(s) making the internal investigation shall be answered in the following text: The Town Marshal’s office has conducted (is presently conducting) an investigation of allegations related to misconduct of their personnel. All information developed in the investigation was (will be) adjudicated in the personnel procedures of the department. Since these are departmental personnel matters, no further statements will be made.
(Ord. passed 9-4-1991)