DISCIPLINARY ACTION CHECKLIST - IAFC

WHAT IS GARRITY?
The so-called Garrity warnings or Garrity rights arise from a 1967 Supreme
Court case, Garrity v. New Jersey. The United States Supreme Court decided
that a law enforcement officer does not give up his Fifth Amendment Right to be
free from compulsory self-incrimination by becoming a law enforcement officer.
The issuance of a Garrity warning provides a firefighter with use immunity. That
means the firefighter may be compelled to provide statements under threat of
discipline, including discharge, and those statements may not be used in criminal
prosecution against that firefighter.
Caution: If a suspected policy violation raises the potential for criminal
investigation, seek legal advice before undertaking the investigation. Do not
issue a Garrity warning without first consulting the attorney advising the
Department.
Garrity requirements:
• The firefighter must be given an order to answer questions under
threat of disciplinary actions;
• The questions must be specifically, directly and narrowly related to the
firefighter’s duties or fitness for duty; and
• The firefighter must be advised that the answers will not be used
against the firefighter in criminal prosecution.
What is a compelled statement?
The order to answer questions may be oral, written or implied. The best
practice is to have documentation on the issuance of the Garrity warning.
Generally, reports prepared by a firefighter in the regular course of the job
are not compelled statements for purposes of providing use immunity
under Garrity.
Statements given in response to Garrity can still be used for:
• civil litigation against the firefighter,
• disciplinary action against the firefighter,
• disciplinary action against another firefighter,
• criminal prosecution against another person.
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