Absolutely not true!!  The Union does not condone this kind of behavior. 

 

Any time you are involved in an incident in which you believe you could face disciplinary action, always, always, always take careful notes of anything and everything that occured as soon as possible, while it is still fresh in your head.

 

If you are being asked to give a voluntary statement to an entity such as OIG, you do not have to participate in the interview.  (Remember, if OIG wants to interview you, you should treat the situation as if you are being questioned for a crime, because that is how they are treating it.)  In most cases, if you decline a voluntary interview with OIG, they will order you to give an interview, in which case you have been compelled to give testimony and will be offered Garrity rights giving you asylum from criminal prosecution.  If you are ordered to give testimony, either as a principle or witness, be sure to contact your Union representative (See article 31 B, Section 3).

 

Once you have contacted a Union Representative, briefly do not tell them everything about the incident!  However, give them a brief idea of what the incident is about.  Remember, Union representatives do not have attorney/client privileges.  You will be given ample time to converse with your Union Representative.  IF you feel that criminal charges could be brought against you, you or your Union Representative should contact PORAC immediately.  PORAC representatives will take down general information about your situation, assign you a case number for reference, then they will have you contact the appropriate legal defender, with whom you will advise of your situation in greater detail.  If it is determined that PORAC would benefit you (Remember: PORAC is only for criminal investigations), you may have the legal defender represent you in the interrogation.

 

You will be provided ample breaks during interrogation to converse with your Union Representative.  The Union's role in assisting you is to help clarify questions, identify the scope of the investigation, and to make sure that the interviewer/interrogator is conducting an impartial interview.  Your Union Representative cannot object to questions, answer questions for you, or stop you from answering questions.

 

If you don't know the answer to a specific question, don't try to answer it.  Just tell the interviewer, "I don't know".  Most importantly, never give a full narrative of the incident.  Let the examiner "lead" you through the interview through their questioning.

 

Additionally, once the interview/interrogation is complete, you're done talking.  It is not wise to make small talk about the incident following the interview.