DISCIPLINARY ACTION CHECKLIST - IAFC

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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. 14
Is the Department required to give a firefighter Garrity warnings? Garrity only applies if there is a potential for compulsory self-incrimination. There is no requirement that the Department issue a Garrity warning. The Department can give the firefighter the choice of: • make no statement and have the discipline based on other evidence, or • make a voluntary statement which may be used in a criminal proceeding. 15
Page 1 and 2: DONNA AVERSA Leonard & Felker, P. L
Page 3 and 4: CHECKLISTS FOR WORKPLACE INVESTIGAT
Page 5 and 6: [ ] Plan the logistics of the inves
Page 7 and 8: [ ] Prepare written report of findi
Page 9 and 10: DUE PROCESS RIGHTS CHECKLIST [ ] Fo
Page 11 and 12: SEVEN TESTS OF “JUST CAUSE” FOR
Page 13: SAMPLE LETTER OF INTENDED DISCIPLIN
Page 17 and 18: HOW MUCH PROCESS IS DUE PROCESS? Th
Page 19 and 20: Rule 1: The employee must make a cl
Page 21 and 22: PUBLIC RECORDS The statutes vary by
Page 23 and 24: ARIZONA STATE EMPLOYEE DISCIPLINE R
Page 25 and 26: Defendant Wagner, of Littleton, Col

DISCIPLINARY ACTION CHECKLIST - IAFC

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