DISCIPLINARY ACTION CHECKLIST - IAFC

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SAMPLE GARRITY WARNING I. At this time, I am going to question you regarding: ___________________________________________________________ ___________________________________________________________ II. III. IV. This questioning concerns administrative matters relating to the XYZ Fire Department. During the course of this questioning, if you disclose information which indicates that you may be guilty of criminal conduct, neither your self-incriminating statements nor the fruits of any selfincriminating statements that you make will be used against you in a criminal legal proceeding, except your statements may be used related to perjury or impeachment. Because this is an administrative matter, you are required to answer my questions fully and truthfully. Your statements may be used against you regarding your ability to carry out your job functions and for disciplinary purposes. You are entitled to all rights and privileges guaranteed by the Arizona Constitution and the United States Constitution. You may have an attorney, union representative or another employee present with you during this interview. V. If you refuse to answer all of my questions, you will be subject to a separate disciplinary action for insubordination. VI. VII. Do you understand the foregoing? Employee initial: Yes ____ No ____ Do you have any questions about your obligation to answer my questions? Employee initial: Yes ____ No ____ I, ________________________________, by my signature below, affirm that I have been advised of the Garrity Warnings and had its meaning explained to me as set forth above. Employee: ___________________________________ Date____________ Officer signature: ______________________________ Print name: ___________________________________ Officer signature: ______________________________ Print name: ___________________________________ Date____________ Date____________ 16
HOW MUCH PROCESS IS DUE PROCESS? The Due Process Clause is found in the 14 th Amendment of the United States Constitution. It provides that certain procedures of basic fairness and notice must be afforded before an individual can be deprived of life, liberty or property. The Courts have interpreted this to mean that public employees are generally entitled to pre-disciplinary and post-disciplinary due process. Minimum requirements for pre-disciplinary due process: • The Department must give notice of all the charges against the employee. • The Department must provide the intended disciplinary action including the timing. • The Department must provide the employee a meaningful opportunity to be heard in a timely manner prior to the imposition of discipline. • The Department must provide consequences of the employee’s failure to respond. • The Department’s decision must be supported by substantial evidence. • The more important the individual right in question, the more process must be afforded. 17
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 and 14: SAMPLE LETTER OF INTENDED DISCIPLIN
Page 15: Is the Department required to give
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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