Internal Affairs Primer

Most of you at one time or another will be called into Internal Affairs at some point in your career. It can be a nerve racking experience so I've put together a little primer to make your trip to I.A. a little easier.

How does an Internal Affairs investigation begin?

There can be several reasons.
-A complaint from an inmate.
-A complaint from the public.
-A complaint from a co-worker or other employee.
-An investigation fueled by the Administration.

Rule #1 always bring a Union Steward!

This is your right under Weingarten. The Steward will make sure your rights are protected as well as add moral support by being with you.

You will be asked to sign a Garrity/Tenneson form.

What is Garrity?

Because the 5th Amendment applies to Public Employees:Public employees have certain constitutional rights that apply in their employment that may not apply to private employees. For example, in Garrity v. New Jersey, the Supreme Court held that statements obtained in the course of an investigatory interview under threat of termination from public employment couldn’t be used as evidence against the employee in subsequent criminal proceedings.

In short if they don't allow you to sign a Garrity then DON'T TALK! It is a criminal matter, call Team Legal !

What is the Tenneson Warning?

The Tenneson warning lets you know what information may become public.

Once you have signed the Garrity/Tenneson form you must cooperate with the investigation and you must be truthful. Lying in I.A. can get you fired.

That being said here's some advice.

If you wrote a report read it and refresh your memory. Many I.A. investigations happen months after the event.

Keep your answers short like in a deposition. One word answers are best. Yes, no or if you don't remember say, "I don't recall." While they don't like the "I don't recall" response remember this, you are most likely on video and audio and if you say something was said or done that conflicts with their video you have a whole new can of worms. Again, many investigations take place months after the event.

The longer your answers are the more fishing line you give them. You have to be truthful, but if they don't ask for something you do not have to volunteer it. Almost every I.A. ends with them asking, "Is there anything you'd like to add?" Unless you have something critical you think should be on the record your answer should be "no." Otherwise you'll open up a whole new line of questioning.

The interview will be recorded and you will be allowed to read over the transcript when it is done.

What will be the outcome?

The investigator determines whether the accusation is "sustained" or "unsustained" and passes their findings on to the Chief Deputy. If it is sustained the Chief Deputy and usually the jail Inspector will determine what discipline may be administered.

Things to keep in mind.

They can lie and will lie to you! That's right, they can legally say things like:
"Other people have said they saw you."
"That's not what the video shows."
"The last three people in here said something else. Why is that?"

You can only testify about things you know. Questions like, "What do you think he was thinking when he did that?" Can't be honestly answered. You can't know what someone else is thinking. Only testify about things you yourself have seen or heard. Simply say, "I can't know what he was thinking." Or they may ask, "Why do you think he did that?" Again, you can't know why someone did or didn't do something, only whether you saw them do it or not.


More I.A. Tricks.

Lately they've been trying to start the interview without having people sign the Garrity/Tenneson form. Why? This leaves them the option of also using your statement in a criminal case against you!

They may say things like, "You're not the focus" or "We only need to ask you one or two questions." Don't buy it. The focus can switch to you at anytime. Protect yourself.

They may play good cop and try to appear as your friend, "Yeah I worked in the jail. I know what it's like." Giving the impression you're sharing information with a friendly sympathetic co-worker. First off, none of them have any idea what the jail is like now. Secondly, they are not "friendly co-workers," they are investigating you, and often with an agenda from the Administration.

They may play bad cop and seem angry with you, "C'mon, I know what happened. Just come clean!" Do not be intimidated. Answer honestly even if they don't like the answer.

Finally:

Never, never talk without a Union Steward and without signing a Garrity/Tenneson form. An Internal Affairs investigation will always take place while you are on the clock in the I.A. office. Remember, under the Stanek Administration I.A. is staffed by Detectives. My fear is the temptation for them to blend an internal and criminal investigation. That's why now more then ever you need to bring a Union Steward with you.