POBAR

Question 0

Can you run for a school board position?

Answer 0

Yes

Question 1

Can you be involved in political activity?

Answer 1

Yes, bit not while in uniform

Question 2

A personnel action that may lead to dismissal, demotion, suspension, reduction in salary, or transfer for purposes of punishment is called a ??

Answer 2

Punitive action

Question 3

Interrogations must take place ?

Answer 3

Within a reasonable hour

Question 4

What information must be given to the officer being interrogated?

Answer 4

U must inform the officer of the name, rank, and commandof the officer in charge of the interrogation, the interrogating officers, and all other persons present during the interrogation

Question 5

How long can an interview be?

Answer 5

Interrogation time shall be for a reasonable period

Question 6

Does the officer have to be informed of the nature of the investigation prior to questioning ?

Answer 6

Yes?

Question 7

Can investigators curse or threaten people with punitive action?

Answer 7

No, be a gentleman but can INFORM he officer that failure to answer a question MAY result in punitive action

Question 8

Does an employee have a right to have access to their personnel employee file?

Answer 8

Yes

Question 9

Does the officer have the right to request removal of any material mistakenly or unlawfully placed in their file

Answer 9

Yes, after the employee examines their file and makes the request in writing. Dept has 30 days to grant request or notify the officers of decision to retire

Question 10

How much time is the dept allowed to elapse between the discovery of alleged misconduct and the punitive action?

Answer 10

One year

Question 11

How long does the dept have to give punitive action , denial of promotion, for an act, omission, or other allegation?

Answer 11

One year

Question 12

Is the one year limit tolled during a criminal investigation?

Answer 12

Yes

Question 13

Can an officer waive the one year statute of limits

Answer 13

Yes, but must be done in writing

Question 14

Can the dept have more than one year in the form of a reasonable extension?

Answer 14

Yes, if the investigation is multi-jurisdictional and requires coordination of agencies

Question 15

Can an investigation be reopened not withstanding the one year time period?

Answer 15

Yes, if significant new evidence is discovered and it could not have reasonably been discovered in the normal course of e investigation

Question 16

How many interrogators at one time?

Answer 16

2

Question 17

Can statements made under duress be used against an officer in subsequent civil proceedings?

Answer 17

No! However the statement can be used to impeach n a civil proceeding

Question 18

Des the dept have to provide u with transcribed copies of the notes?

Answer 18

Yes, under 3303G

Exception is if deemed confidential!

Question 19

D u have a right to recordings of the interviews?

Answer 19

Yes!

Question 20

When does investigator have to read the officer Miranda rights?

Answer 20

If prior or during the investigation it turns criminal

Question 21

Can an officer be transferred or reassigned during an investigation?

Answer 21

No, but exception is if u can do the same for any other officer under similar circumstances

Question 22

Can the dept deny a promotion, threaten punitive action for exercising their POBAR rights?

Answer 22

No

Question 23

Can the Chief order an officer to cooperate in another agencies criminal investigation?

Answer 23

Yes, failure to comply is insubordination

Question 24

Can a chief of police be removed without written notice of the reasons why

Answer 24

No

Question 25

Can a supervisor put a adverse comment in personnel file without officer reading and signing it?

Answer 25

Yes and no. Must be given opportunity to read and sign but officer can refuse to sign.

Question 26

Does officer have a right to an administrative appeal whenever there is punitive action or denial of promotion on grounds other than merit?

Answer 26

Yes

Question 27

Does officer have right to respond to negative comment in their file?

Answer 27

Yes, has 30 days to to file a written response

Question 28

Can officer be ordered to take a polygraph?

Answer 28

No!

Question 29

Can refusal to take a poly be used against the officer?

Answer 29

No

Question 30

Can a officer be required to to produce their income sources or their family income sources?

Answer 30

No, unless info requested was under state law, or indicates a conflict of interest, or necessary for a specialized unit that is susceptible to bribes

Question 31

Can the dept cause the officer under interrogation to to be subjected to visits from news media without their consent

Answer 31

No

Question 32

Can sept give your photograph or home address without your consent?

Answer 32

No

Question 33

Can an officer notify dept they don’t want their photo or identity as an officer to be published on the Internet?

Answer 33

Yes, and employer must comply within 2 days

Question 34

When can an officers locker be searched?

Answer 34

They are present,or u have consent, or u have a sw, or they have been notified that a search will be conducted

Question 35

Wo ha the initial jurisdiction over POBAR matters?

Answer 35

Superior court

Question 36

Does POBAR apply to criminal activity?

Answer 36

No

Question 37

If your employee rep is a police officer can they be required to disclose, or be disciplined for failing to disclose info received from an officer under investigation in NON CRIMINAL matters?

Answer 37

NO! Remember the interrogation is not a confession

Question 38

What is a Lybarber warning?

Answer 38

Whenever an employer initiates an interrogation of a peace officer, and it appears officer may be charged with a CRIMINAL offense as a result of his misconduct, or officer refuses to answer questions on grounds it might be self incriminating, the question must be proceeded by a Lybarger warning.