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Firefighter's Bill of Right's
Links:
Florida Statute 112.82 Rights of firefighters.--Whenever a
firefighter is subjected to an interrogation, such interrogation shall be
conducted pursuant to the terms of this section.
(1) The interrogation shall take place at the facility where the
investigating officer is assigned, or at the facility which has jurisdiction
over the place where the incident under investigation allegedly occurred, as
designated by the investigating officer.
(2) No firefighter shall be subjected to interrogation without
first receiving written notice of sufficient detail of the investigation in
order to reasonably apprise the firefighter of the nature of the investigation.
The firefighter shall be informed beforehand of the names of all complainants.
(3) All interrogations shall be conducted at a reasonable time of
day, preferably when the firefighter is on duty, unless the importance of the
interrogation or investigation is of such a nature that immediate action is
required.
(4) The firefighter under investigation shall be informed of the
name, rank, and unit or command of the officer in charge of the investigation,
the interrogators, and all persons present during any interrogation.
(5) Interrogation sessions shall be of reasonable duration and the
firefighter shall be permitted reasonable periods for rest and personal
necessities.
(6) The firefighter being interrogated shall not be subjected to
offensive language or offered any incentive as an inducement to answer any
questions.
(7) A complete record of any interrogation shall be made, and if a
transcript of such interrogation is made, the firefighter under investigation
shall be entitled to a copy without charge. Such record may be electronically
recorded.
(8) An employee or officer of an employing agency may represent
the agency, and an employee organization may represent any member of a
bargaining unit desiring such representation in any proceeding to which this
part applies. If a collective bargaining agreement provides for the presence of
a representative of the collective bargaining unit during investigations or
interrogations, such representative shall be allowed to be present.
(9) No firefighter shall be discharged, disciplined, demoted,
denied promotion or seniority, transferred, reassigned, or otherwise disciplined
or discriminated against in regard to his or her employment, or be threatened
with any such treatment as retaliation for or by reason solely of his or her
exercise of any of the rights granted or protected by this part.
KNOW YOUR RIGHTS. NEVER BE QUESTIONED
WITHOUT UNION REPRESENTATION!!!!!!!!
FIREFIGHTERS BILL OF RIGHTS
AS A PUBLIC EMPLOYEE YOU HAVE A RIGHT TO UNION REPRESENTATION IN AN
INVESTIGATORY OR DISCIPLINARY INTERVIEW IF YOU HAVE A REASONABLE BELIEF THAT
DISCIPLINARY ACTION MAY RESULT FROM THE INTERVIEW.
YOU MUST REQUEST REPRESENTATION TO PRESERVE YOUR RIGHTS. IF YOUR REQUEST IS
DENIED, ADVISE THE INVESTIGATOR THAT YOU ARE PARTICIPATING “UNDER PROTEST”.
1.) BEFORE YOU ARE QUESTIONED, YOU MUST FIRST RECEIVE WRITTEN NOTICE OF
SUFFICIENT DETAIL OF THE INVESTIGATION TO REASONABLY APPRISE YOU OF THE NATURE
OF THE INVESTIGATION.
2.) BEFORE YOU ARE QUESTIONED, YOU MUST BE GIVEN THE NAMES OF THE
“COMPLAINANTS.”
3.) BEFORE YOU ARE QUESTIONED, YOU MUST BE INFORMED OF THE NAME AND RANK OF THE
OFFICER IN CHARGE OF THE INVESTIGATION, ALL INTERROGATORS AND ALL PERSONS
PRESENT DURING THE INTERROGATION.
4.) THE INTERROGATION MUST TAKE PLACE AT THE MAIN FIRE STATION, OR THE FACILITY
WHERE THE INVESTIGATING OFFICER IS ASSIGNED.
5.) THE INTERROGATION MUST BE HELD AT A REASONABLE TIME OF DAY, PREFERABLY WHEN
YOU ARE ON DUTY, UNLESS IMMEDIATE ACTION IS REQUIRED.
6.) THE INTERROGATION MUST BE OF REASONABLE DURATION WITH REST PERIODS.
7.) YOU CANNOT BE SUBJECTED TO OFFENSIVE LANGUAGE.
8.) YOU CANNOT BE OFFERED ANY INCENTIVE AS AN INDUCEMENT TO ANSWER QUESTIONS.
9.) A TAPE RECORDING OR OTHER COMPLETE RECORD MUST BE MADE OF THE INTERROGATION.
10.) IF A TRANSCRIPT IS MADE OF THE INTERROGATION, YOU ARE ENTITLED TO A COPY
FREE OF CHARGE.
11.) YOU ARE ENTITLED TO A UNION REPRESENTATIVE DURNING THE INTERROGATION.
12.) YOU CANNOT BE DISCIPLINED, THREATENED OR DISCRIMINATED AGAINST BECAUSE YOU
EXERCISE YOUR RIGHTS UNDER THE LAW.
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