Administrative Investigations

Question 1

Administrative proceeding

Answer 1

Any non-judicial hearing which may result in the recommendation, approval, or order of disciplinary action against, or suspension of, or termination of a firefighter.

Question 2

Informal Inquiry

Answer 2

A meeting by supervisory or management personnel with a firefighter about whose an allegation of misconduct has come to their attention.

Purpose of meeting is to mediate a complaint or discuss the facts to determine whether a formal investigation should be commenced.

During informal inquiry, the decision has not been made that discipline is warranted as not enough facts have been gathered to make that determination.

Question 3

Formal investigation

Answer 3

An investigation ordered by supervisory personnel during which the questioning of a firefighter is conducted for the purpose of gathering evidence of misconduct or wrong doing.

Occurs after a supervisor has determined that discipline may be warranted and that a firefighter may be reprimanded, suspended, or terminated.

Question 4

Interrogation

Answer 4

Questioning of a firefighter in connection with a formal investigation or administrative proceeding, this does not include questioning during the course of arbitration or civil service proceedings.

Question 5

Notice of investigation

Answer 5

Ordered by the Fire Chief or their designee for the purpose of gathering evidence of misconduct or wrong doing.

Question 6

Employee Witness

Answer 6

Employees interviewed as a witness in an internal investigation shall answer questions or render material and relevant statements to the designated departmental authority when so directed.

Question 7

Where does the interrogation of a firefighter take place?

Answer 7

At the facility where the investigating officer is assigned or at the facility which has jurisdiction over the place where the incident occured.

Question 8

What must a firefighter first receive prior to being interrogated?

Answer 8

A written notice of sufficient detail of the investigation in order to reasonably inform the firefighter of the nature of the investigation.

Firefighter must also be informed of the names of the complaintants

Question 9

When must interrogations be performed?

Answer 9

A reasonable time of day.
Preferably when a firefighter is on duty.

Question 10

Firefighter under investigation must be informed of the ____, ______, and ______ or _______ of the officer in charge of the investigation, interrogators, and all persons present during any interrogation.

Answer 10

Name, rank, unit or command

Question 11

What must me made at any interrogation?

Answer 11

A complete record and if a transcript is made, the firefighter under investigation is entitled to receive a copy of the transcript without charge and may consist of electronic recording.

Question 12

Who can represent the employee? And who is responsible for obtaining representation?

Answer 12

Union
Responsibility of the employee.

Question 13

No firefighter can be disciplined or discriminated against in any way fore or by reason solely of….?

Answer 13

His/her exercise any of the rights granted or protected by the Firefighter Bill of Rights.

Question 14

Who shall assign an appropriate case number to the investigation?

Answer 14

Fire Administration
Shall remain as the identifier for the internal investigation case.

Question 15

How may complaints be received?

Answer 15

In writing, in person, by telephone, or other appropriate electronic means.

Question 16

Who shall make every effort to determine authenticity of the allegations contained in the complaint and verify that the allegations are violations of applicable rules and regulations?

Answer 16

Fire Administration.

Question 17

What is a Garrity Warning?

Answer 17

A warning or statement of the accused member’s rights and the member’s obligations to answer questions during an internal investigation.

Question 18

What are Weingarten Rights?

Answer 18

Rights guarantee employee the right to union representation during an investigatory interview.

Question 19

When were Weingarten rights established and by who?

Answer 19

By the Supreme Court in 1975 in the case of J. Weingarten Inc.

Must be claimed by the employee.

Question 20

Is the supervisor obligated to inform an employee that he/she is entitled to union representation?

Answer 20

No

Question 21

Rule 1 of Weingarten Rights

Answer 21

The employee must make a clear request for union representation before or during the interview. The employee cannot be punished for making this request.

Question 22

Rule 2 of Weingarten Rights: After the employee makes the request, the supervisor has 3 options. He/She must either:

Answer 22

1.) Grant the request and delay the interview until the union representative arrives and has a chance to consult privately with the employee

2.) Deny the request and end the interview immediately

3.) Give the employee a choice of having the interview without representation or ending the interview. If the employee chooses to continue without representation, the employee will sign a written waiver of the right to a representative. The employee’s waiver of the right to representation shall be voluntary and the City of West Palm Beach shall not make any promise or inducement regarding ultimate discipline in exchange for the waiver.

Question 23

Rule 3 of Weingarten rights

Answer 23

If the supervisor denies the request and continues to ask questions, this is an unfair labor practice and the employee has a right to refuse to answer. The employee cannot be disciplined for such refusal but is required to sit there until the supervisor terminates the interview. Leaving before this happens may constitute punishable insubordination.

Question 24

Union Representatives are not required to merely be a “silent witness” and have the right to the following:

Answer 24

1.) Be informed by the supervisor of the subject matter of the interview.

2.) Take the employee aside for a private conference before questioning begins.

3.) Speak during the interview

4.) Request that the supervisor clarify a question so that what is being asked is understood.

Question 25

Components of an investigation

Answer 25

1. Gather information; understand what happened, collect evidence, interview personnel involved and witnesses.
2. Analyze the information
3. Identify the actions or inactions
4. Submit a comprehensive report to the Fire Chief.

Question 26

The employee(s) involved in either an informal inquiry or a formal investigation will be notified how?

Answer 26

In writing that an investigation is about to begin and that he/she is entitled to the procedural safeguards contained in the Firefighter Bill of Rights (Section 112.82, Florida Statues)

Question 27

Step 2 in notification process after the employee has been notified that an investigation is about to begin

Answer 27

A notice of an informal inquiry, notice of an investigation, notice of an administrative proceeding will apply accordingly.

Question 28

Investigations, inquiries are _________; should not be discussed

Answer 28

Confidential

Question 29

For cases or actions of an employee that includes potential criminal activity while on duty the _______________ shall personally complete the packet as applicable

Answer 29

Battalion Chief

Question 30

The ______________ shall notify an ___________ immediately.

Answer 30

Battalion Chief shall notify an Assistant Fire Chief

Question 31

The _________________ will make the decision to notify the _____________ to include any other actions to be taken by the ____________

Answer 31

Assistant fire chief
Fire Chief
Battalion Chief