State Affairs and Government

CHAPTER 42-28.6
Law Enforcement Officers' Bill of Rights

SECTION 42-28.6-2

§ 42-28.6-2. Conduct of investigation.

Whenever a law enforcement officer is under investigation or subjected to interrogation by a law enforcement agency, for a non-criminal matter which could lead to disciplinary action, demotion, or dismissal, the investigation or interrogation shall be conducted under the following conditions:

(1) The interrogation shall be conducted at a reasonable hour, preferably at a time when the law enforcement officer is on duty.

(2) The interrogation shall take place at an office within the department previously designated for that purpose by the chief of police.

(3) The law enforcement officer under interrogation shall be informed of the name, rank, and command of the officer in charge of the investigation, the interrogating officer, and all persons present during the interrogation. All questions directed to the officer under interrogation shall be asked by and through one interrogator.

(4) No complaint against a law enforcement officer shall be brought before a hearing committee unless the complaint be duly sworn to before an official authorized to administer oaths.

(5) The law enforcement officer under investigation shall, prior to any interrogating, be informed in writing of the nature of the complaint and of the names of all complainants.

(6) Interrogating sessions shall be for reasonable periods and shall be timed to allow for such personal necessities and rest periods as are reasonably necessary.

(7) Any law enforcement officer under interrogation shall not be threatened with transfer, dismissal, or disciplinary action.

(8) If any law enforcement officer under interrogation is under arrest, or is likely to be placed under arrest as a result of the interrogation, he or she shall be completely informed of all his or her rights prior to the commencement of the interrogation.

(9) At the request of any law enforcement officer under interrogation, he or she shall have the right to be represented by counsel of his or her choice who shall be present at all times during the interrogation. The interrogation shall be suspended for a reasonable time until representation can be obtained.

(10) No statute shall abridge nor shall any law enforcement agency adopt any regulation which prohibits the right of a law enforcement officer to bring suit arising out of his or her duties as a law enforcement officer.

(11) No law enforcement agency shall insert any adverse material into any file of the officer unless the officer has an opportunity to review and receive a copy of the material in writing, unless the officer waives these rights in writing.

(12) No public statement shall be made prior to a decision being rendered by the hearing committee and no public statement shall be made if the officer is found innocent unless the officer requests a public statement; provided, however, that this subdivision shall not apply if the officer makes a public statement. The foregoing shall not preclude a law enforcement agency, in a criminal matter, from releasing information pertaining to criminal charges which have been filed against a law enforcement officer, the officer's status of employment and the identity of any administrative charges brought against said officer as a result of said criminal charges.

(13) No law enforcement officer shall be compelled to speak or testify before, or be questioned by, any non-governmental agency.

History of Section.
(P.L. 1976, ch. 186, § 1; P.L. 1980, ch. 272, § 1; P.L. 1995, ch. 19, § 1.)