Columbia Police officer rights in investigations ordinance (§ 19-252)

(a) This section shall only apply to a police officer who is under administrative investigation or subjected to administrative questioning that the officer reasonably believes may lead to disciplinary action, demotion, dismissal, transfer or placement on a status that could lead to economic loss as those terms are defined in RSMo § 590.502.

(b) A police officer under investigation shall have the following rights in connection with investigations:

(1) Written notice and assignment of investigator(s). The investigating department shall provide written notice and a copy of the complaint to the police officer. The notice shall include the personal identifying information of the complainant and the names, rank and command of the individual(s)

who will be conducting the investigation. The investigating department may assign up to two (2) investigators, except that, separate investigators shall be assigned to investigate alleged policy violations and alleged criminal violations.

(2) Garrity warnings. The investigating department shall provide the notice and a copy of the complaint at least twenty-four (24) hours prior to any interrogation or interview of the police officer. Prior to interviewing the officer for alleged policy violations, the investigating department shall provide the officer with written notice that the police officer is being ordered to answer questions under threat of disciplinary action and that the officer's answers to the questions will not be used against the officer in criminal proceedings. The investigating department shall not threaten, harass or promise rewards to the officer to induce the officer into answering any question; except that the police officer may be compelled by the investigating department to give protected Garrity statements to the investigator(s) assigned to investigate alleged policy violations, but such compelled statements shall not be used or derivatively used against the police officer in any aspect of a criminal case brought against the police officer.

(3) Written or oral statements. The police officer may provide a written or oral statement to an investigator before investigative findings are made.

(4) Interviews. When a police officer is questioned or interviewed regarding matters pertaining to the officer's law enforcement duties or actions taken within the scope of the officer's employment, such questioning shall be conducted for a reasonable period of time and only while the officer is on duty unless reasonable circumstances exist that necessitate questioning the officer while the officer is off duty. The investigator(s) shall provide times for the officer to allow for personal necessities and rest periods as the department director determines are reasonably necessary. The police officer may have an attorney or any other duly authorized representative present during the officer's questioning to observe the interview. The police officer and the officer's attorney or representative shall have the opportunity to review the complaint prior to the interview. The attorney or representative shall be permitted to confer with the officer but shall not unduly disrupt or interfere with the interview. The investigator(s) shall suspend questioning for a period of up to twenty-four (24) hours if the officer requests representation. Any interviews or questioning shall be conducted at a secure location at the police department or at the agency that is conducting the investigation, unless the officer consents to another location. The police officer may record the interview or obtain a copy of any recording of the interview made by the investigator.

(5) Investigation time limits; extensions. The investigating department shall have ninety (90) days from receipt of a complaint to complete the investigation. The department director may, for good cause, petition the city manager for an extension of time to complete the investigation. Unless the officer consents, the city manager shall set the matter requesting an extension for hearing and shall provide notice of the hearing to the officer under investigation. The officer shall have the right to attend the hearing and to present evidence and arguments against the extension. If the city manager finds the department director has shown good cause for the granting of an extension of time to complete the

investigation, the city manager shall grant an extension of up to sixty (60) days. The city manager shall grant no more than two (2), sixty (60) day extensions per investigation, except that, if there is an ongoing criminal investigation there shall be no limitation on the amount of sixty (60) day extensions. For good cause shown, the internal investigation may be tolled until the conclusion of a concurrent criminal investigation arising out of the same alleged conduct.

(6) Notification to officer. Within five (5) calendar days of the conclusion of the administrative investigation, the investigating department shall inform the officer in writing of the investigative findings and any recommendation for further action, including discipline.

(7) Records. The investigating department shall keep a complete record of the administrative investigation. Upon the written request of the officer or the officer's representative, the investigating department shall provide a complete copy of the entire record to the officer or the officer's representative within five (5) business days of the officer's written request.