Baldwin Park Police Association

SUMMARY OF RIGHTS UNDER THE PUBLIC SAFETY OFFICER BILL OF RIGHTS

  1. When any public safety officer is under investigation and subject to interrogation the interrogation shall take place under the following conditions:
    • Must take place during reasonable hours.
    • If during off-duty hours, the employee must be paid overtime.
    • Must be informed of who is conducting the interrogation prior to the interrogation.
    • No more than two interrogators at one time.
    • The interrogation shall be for a reasonable period of time.
    • The Officer shall be allowed to attend to personal physical necessities.
    • The Officer shall not be subjected to offensive language.
    • No promise of reward can be made as an inducement to answer questions.
    • No statement made under duress, coercion, or threat of punitive action can be admitted in any subsequent civil proceeding.
    • The interrogation may be taped.
    • If taped, the Officer shall have access to the tape prior to any additional interrogation.
    • If prior to or during the interrogation it is deemed that the Officer may be charged with a criminal offense, the Officer must be informed of constitutional rights.
    • The Officer has a right to be represented.
  2. No Officer can be subjected to punitive action, or denied promotion, or threatened with any such action because of the lawful exercise of rights under the bill of rights or any grievance procedure.
  3. In most cases, the investigation must be completed within one year.
  4. No Officer can be compelled to submit to a polygraph and cannot face adverse action for refusing a polygraph.
  5. No Officer's locker can be searched without consent or a search warrant except in the Officer's presence.
WEINGARTEN RIGHTS

"Weingarten" rights are derived from a United States Supreme Court case NLRB v. Weingarten, 420 U.S. 276 (1975). The case interpreted Section 8(a)(1) of the National Labor Relations Act. It held that you have a right to have a union representative present during any interview, meeting or interrogation which you reasonably believe could lead to discipline against you.

You must request a representative, the people questioning you have no obligation to tell you that you have a right to a representative. Once you request a representative, the meeting cannot continue until you have a representative present.