(1) When a firefighter is under investigation for alleged improper conduct with a possible result of termination, demotion, or other disciplinary action causing loss of pay or status, the following minimum standards may apply:(1) Adverse inference shall not be drawn and no punitive action shall be taken from a refusal of the firefighter being investigated to participate in the investigation or be interrogated other than when the firefighter is on duty or is otherwise fully compensated for the time spent in accordance with municipal and departmental overtime policy, state law, and federal law;(2) An interrogation of a firefighter shall take place at:(A) The office of those conducting the investigation;(B) The place where the firefighter reports for duty; or(C) Another reasonable place as the investigator may determine;(3) The firefighter being investigated shall be informed at the commencement of his or her interrogation of:(A) The nature of the investigation;(B) The identity and authority of the person or persons conducting the investigation; and(C) The identity of all persons present during the interrogation;(4) During the interrogation of the firefighter, questions will be posed by or through only one (1) interrogator at a time;(5) An interrogation of a firefighter in connection with an investigation shall be for a reasonable period of time and shall allow for reasonable periods for the rest and personal necessities of the firefighter;(6) No threat, harassment, promise, or reward shall be made to a firefighter in connection with an investigation in order to induce the answering of any questions that the firefighter has a legal right to refrain from answering, but immunity from prosecution may be offered to induce such a response;(7) (A) An interrogation of a firefighter in connection with an investigation against him or her shall be recorded in full.(B) The firefighter may make his or her own independent recording of the interrogation and have one (1) witness of his or her choosing present who shall be:(i) An attorney; or(ii) A member of the fire department who is not related in any way to the matter under investigation;(8) A formal proceeding with the authority to administer disciplinary action against a firefighter shall not be held unless official departmental charges are brought;(9) Official departmental charges shall contain the:(A) Specific conduct that is alleged to be improper;(B) Date and the time of the alleged misconduct;(C) Witnesses whose information provided the basis for the charges; and(D) Specific rules, regulations, orders, or laws alleged to have been violated;(10) (A) A firefighter under official departmental charges is entitled to a predisciplinary hearing before the fire chief, if the disciplinary action is being considered.(B) The firefighter may select a person of his or her choosing to be present at the predisciplinary hearing; and(11) A formal proceeding under which a firefighter may be penalized shall not be brought except upon charges signed by the person making those charges.
(1) Adverse inference shall not be drawn and no punitive action shall be taken from a refusal of the firefighter being investigated to participate in the investigation or be interrogated other than when the firefighter is on duty or is otherwise fully compensated for the time spent in accordance with municipal and departmental overtime policy, state law, and federal law;
(2) An interrogation of a firefighter shall take place at:(A) The office of those conducting the investigation;(B) The place where the firefighter reports for duty; or(C) Another reasonable place as the investigator may determine;
(A) The office of those conducting the investigation;
(B) The place where the firefighter reports for duty; or
(C) Another reasonable place as the investigator may determine;
(3) The firefighter being investigated shall be informed at the commencement of his or her interrogation of:(A) The nature of the investigation;(B) The identity and authority of the person or persons conducting the investigation; and(C) The identity of all persons present during the interrogation;
(A) The nature of the investigation;
(B) The identity and authority of the person or persons conducting the investigation; and
(C) The identity of all persons present during the interrogation;
(4) During the interrogation of the firefighter, questions will be posed by or through only one (1) interrogator at a time;
(5) An interrogation of a firefighter in connection with an investigation shall be for a reasonable period of time and shall allow for reasonable periods for the rest and personal necessities of the firefighter;
(6) No threat, harassment, promise, or reward shall be made to a firefighter in connection with an investigation in order to induce the answering of any questions that the firefighter has a legal right to refrain from answering, but immunity from prosecution may be offered to induce such a response;
(7) (A) An interrogation of a firefighter in connection with an investigation against him or her shall be recorded in full.(B) The firefighter may make his or her own independent recording of the interrogation and have one (1) witness of his or her choosing present who shall be:(i) An attorney; or(ii) A member of the fire department who is not related in any way to the matter under investigation;
(A) An interrogation of a firefighter in connection with an investigation against him or her shall be recorded in full.
(B) The firefighter may make his or her own independent recording of the interrogation and have one (1) witness of his or her choosing present who shall be:(i) An attorney; or(ii) A member of the fire department who is not related in any way to the matter under investigation;
(i) An attorney; or
(ii) A member of the fire department who is not related in any way to the matter under investigation;
(8) A formal proceeding with the authority to administer disciplinary action against a firefighter shall not be held unless official departmental charges are brought;
(9) Official departmental charges shall contain the:(A) Specific conduct that is alleged to be improper;(B) Date and the time of the alleged misconduct;(C) Witnesses whose information provided the basis for the charges; and(D) Specific rules, regulations, orders, or laws alleged to have been violated;
(A) Specific conduct that is alleged to be improper;
(B) Date and the time of the alleged misconduct;
(C) Witnesses whose information provided the basis for the charges; and
(D) Specific rules, regulations, orders, or laws alleged to have been violated;
(10) (A) A firefighter under official departmental charges is entitled to a predisciplinary hearing before the fire chief, if the disciplinary action is being considered.(B) The firefighter may select a person of his or her choosing to be present at the predisciplinary hearing; and
(A) A firefighter under official departmental charges is entitled to a predisciplinary hearing before the fire chief, if the disciplinary action is being considered.
(B) The firefighter may select a person of his or her choosing to be present at the predisciplinary hearing; and
(11) A formal proceeding under which a firefighter may be penalized shall not be brought except upon charges signed by the person making those charges.