Brady and your rights.

I'm not going to publish our attorney's letter to our members, but I will comment here. It regards a Memorandum of Understanding between the Sheriff's Office and the Hennepin County Attorney's Office. 

In very short, under Brady (a 1963 law) your discipline can possibly end up being used in a criminal case even if you are just a witness.

There was a meeting between the Sheriff's Office, our attorney and a MNPEA Steward discussing Brady. 

The following in red, was my comment on our HCSO911 blog.

Some major points I hope are considered.

1. The contract allows for Letters of Reprimand to be REMOVED after 1 year. The County and Sheriff's Office have repeatedly signed this. An MOU between the Sheriff and County does not negate this.

2. Most of our Letters of Reprimand contain a LIE. They almost always add, Violation of Oath. We are not Sworn, there is no oath. This has to stop.

3. Garrity: In order for the employer to get a statement from members in an investigation, Internal Affairs or otherwise, we sign a Garrity form. This requires us to waive our 5th Amendment rights and cooperate and be truthful. In return our statement cannot be used in a criminal case against us. If Garrity is affected we can and should invoke the 5th Amendment. Remember, Garrity came after Brady.

I'd like to point out, we can't be labled as "Brady Cops" because we are not cops.

Read up on these links and be familiar with your rights.

Garrity Rights, your legal protection in compelled testimony.

241.026 CORRECTIONAL OFFICERS DISCIPLINE PROCEDURES, your right to your legal consul when being interviewed by the employer. 

Weingarten Rights. Your right to have a Union Steward when you are being questioned by a supervisor and YOU think it may result in discipline.

MOST IMPORTANT. NEVER GO TO INTERNAL AFFAIRS OR GIVE A STATEMENT TO A DETECTIVE WITHOUT YOUR MNPEA ATTORNEY.