Sheriff's Policy Manual PDF

SHERIFF’S POLICY MANUAL 9.3 EMPLOYEES' RIGHTS: A. General: 1. Employees accused of criminal wrongdoing will be afforded all of the legal rights and privileges guaranteed by law. 2. Employees will...

SHERIFF’S POLICY MANUAL 9.3 EMPLOYEES' RIGHTS: A. General: 1. Employees accused of criminal wrongdoing will be afforded all of the legal rights and privileges guaranteed by law. 2. Employees will be encouraged to exercise their legal rights including choice of representation. 3. There are four options that may be given to employees at the discretion of the Captain of Internal Affairs or designee: a. Provide a voluntary statement, offered by written invitation to bring just and prompt closure to an investigation. b. Provide a compelled statement, only to be used upon consultation of the command and Internal Affairs. c. Provide a proffer to offer information or evidence relevant to an investigation. d. No statement taken from the employee prior to closing the case. This does not preclude an employee from waiving rights and providing a voluntary statement. Additionally, this does not preclude the employee from providing information or evidence during a prediscipline hearing. B. Compelled Statements: 1. Employees may be compelled to answer questions during an inquiry relating to the performance of their official duties or fitness for employment. 2. Employees may be compelled to provide a statement upon reasonable notice and after being informed of the allegations involved. Reviewed: 03/05/2024 Revised: 03/07/2024 Rescinds: 06/21/2016 Effective: 03/17/2024 9.3 Page 1 of 2  SHERIFF’S POLICY MANUAL 3. Subject employees who are collective bargaining members will be entitled to representation of their choice during the investigative process including during the taking of a compelled statement. 4. Deputy Sheriffs, detention deputies, and firefighters will be entitled to the statutory protection per applicable section of Florida Statutes Chapter 112. C. Notice of Pending Investigations: 1. Employees will be notified in writing of any pending investigation, unless notification would compromise the investigative process or any other law enforcement agency's criminal or administrative investigation. Internal Affairs will make this determination upon receipt of a complaint. 2. Notification should contain a brief factual statement outlining the investigation's subject matter and will include a statement of the employee’s rights and responsibilities relative to the investigation. 3. If the complaint is considered a Category I infraction command will seek the approval of the Captain of Internal Affairs regarding an “Admit It and Move On” option. If, after reviewing the employee’s past disciplinary history, it is determined an “Admit It and Move On” is a viable option, it will be offered to the subject employee. D. Employee Harassment: Internal Affairs will assist employees who believe they are falsely accused or threatened by a supervisor or other employee. These employees are authorized to report their concerns directly to Internal Affairs and/or BSO’s Equal Employment Opportunity (EEO) unit without reporting via chain of command. E. Retaliation for Exercising Rights: Employees will not be discharged, disciplined, demoted, denied promotion, transferred, reassigned, or otherwise discriminated against concerning their employment or threatened with any such treatment by reason of their exercise of rights. Reviewed: 03/05/2024 Revised: 03/07/2024 Rescinds: 06/21/2016 Effective: 03/17/2024 9.3 Page 2 of 2