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Procedure 10100Santa Ana Police Department Santa Ana PD Procedures Manual Copyright Lexipol, LLC 2023/02/03, All Rights Reserved. Published with permission by Santa Ana Police DepartmentADMINISTRATIVE INVESTIGATION PROCEDURES - 1ADMINISTRATIVE INVESTIGATION PROCEDURES 10100.1 PURPOSE These procedures provide guidelines for conducting administrative investigations regarding the conduct of employees of the Santa Ana Police Department. These procedures shall not apply to any questioning, counseling, instruction, informal verbal admonishment or other routine or unplanned contact of an SAPD employee in the normal course of duty, by a supervisor or any other SAPD employee, nor shall these procedures apply to a criminal investigation. 10100.2 ADMINISTRATIVE INVESTIGATION PROCEDURES Whether conducted by a supervisor or an SAPD employee of the Internal Affairs Unit, the following applies to SAPD employees covered by the Public Safety Officers Procedural Bill of Rights Act (POBR) (Government Code § 3303 et seq.). Prior to the interrogation of an accused SAPD employee during an investigation, he/she will be provided with an Internal Affairs Memorandum titled "ADMINISTRATIVE INVESTIGATION- NOTIFICATION OF INTERROGATION," which will be completed by the sergeant assigned the investigation (Attachment A). An Internal Affairs supervisor, or the supervisor conducting the investigation, will serve the memorandum personally and the SAPD employee will acknowledge receipt of the document in writing. The Notice shall provide the SAPD employee with the following information: (a)The date and time the interrogation shall be conducted. (b)The nature of the investigation including the date and time of the incident in question, the name, rank and commanding officer in charge of the investigation, the interviewing officers and all other persons to be present during the interrogation, a general description of the act(s) or omission(s) giving rise to the investigation, and the possible Department policies that may have been violated. The information included should allow a reasonable person to understand the nature of the investigation (c)Inform the SAPD employee that the complete interrogation shall be recorded and the SAPD employee has the ability to also record the interrogation. (d)If prior to or during the interrogation of an SAPD employee, it is deemed that the SAPD employee may be charged with a criminal offense, he or she shall be immediately informed of his or her constitutional rights. If this information is known prior to the SAPD employee’s interrogation, the Notice of Interrogation shall include said advisement. (e)The SAPD employee has the right to be represented by a representative of his or her choice who may be present at all times during the interrogation. The representative shall not be a person subject to the same investigation. The representative shall not be required to disclose, nor be subject to any punitive action for refusing to disclose, any information received from the officer under investigation for noncriminal matters. Santa Ana Police Department Santa Ana PD Procedures Manual ADMINISTRATIVE INVESTIGATION PROCEDURES Copyright Lexipol, LLC 2023/02/03, All Rights Reserved. Published with permission by Santa Ana Police DepartmentADMINISTRATIVE INVESTIGATION PROCEDURES - 210100.2.1 ADMINISTRATIVE INVESTIGATION INTERROGATION (a)Interrogation of an accused SAPD employee shall be conducted during reasonable hours and preferably when the SAPD employee is on-duty. If the SAPD employee is off-duty, he/she shall be compensated. (b)Unless waived by the accused SAPD employee, interrogation of an SAPD employee shall be at the Santa Ana Police Department or other reasonable and appropriate place. (c)No more than two interviewers should ask questions of an accused SAPD employee. (d)All interrogations shall be for a reasonable period and the accused SAPD employee's personal needs should be accommodated. (e)No accused SAPD employee should be subjected to offensive or threatening language, nor shall any promises, rewards or other inducements be used to obtain answers. (f)Any accused SAPD employee refusing to answer questions directly related to the investigation may be ordered to answer questions administratively and may be subject to discipline for failing to do so. (a)The accused SAPD employee should be given an order to answer questions in an administrative investigation that might incriminate the SAPD employee in a criminal matter only after the SAPD employee has been given a Lybarger advisement. Administrative investigators should consider the impact that compelling a statement from the accused SAPD employee may have on any related criminal investigation and should take reasonable steps to avoid creating any foreseeable conflicts between the two related investigations. This may include conferring with the agency in charge of the criminal investigation (e.g., discussion of processes, timing, implications). (a)No information or evidence administratively coerced from an accused SAPD employee may be provided to anyone involved in conducting the criminal investigation or to any prosecutor. (g)The interviewer shall record all interrogations of SAPD employees and witnesses. The accused SAPD employee may also record the interrogation. If the accused SAPD employee has been previously interrogated, a copy of that recorded interrogation shall be provided to the SAPD employee prior to any subsequent interrogation. (h)All accused SAPD employees subjected to an interrogation that could result in discipline have the right to have an uninvolved representative present during the interrogation. However, in order to maintain the integrity of each individual’s statement, involved members shall not consult or meet with a representative or attorney collectively or in groups prior to being interrogated. (i)All accused SAPD employees shall