Policy Text
San Francisco Polic e Department 2.08
GENERAL ORDER Rev. 05/03/23
Page 1 of 2
Peace Officer Rights in Disciplinary Investigations
2.08.01 PURPOSE
The Public Safety Officers Procedural Bill of Rights Act ( “the Act”) , Government Code sections
3300- 3313, establishes various employment rights for sworn members. Among other things, the
Act establishes various peace officer rights regarding interviews during administrative (i.e.
disciplinary) investigations. This General Order re-affirms pertinent rights applicable to such
investigation s and administrative interviews . This General O rder neit her expands nor contracts
the rights identified in the Act.
2.08.02 POLICY
A. When Rights Apply - The interview1 rights of the Act apply when a sworn member is
under investigation and subject to an interview that could lead to punitive action.
1. Witness officers are not entitled to the rights of the Act because they are not subject
to an inter view that could lead to punitive action.
2. The interview rights of the Act do not apply in the normal course of duty, formal or informal counseling, instruction, or other routine or unplanned contact with a
supervisor or any other member of the Department.
3. The interview rights of the Act do not apply to an investigation concerned solely and
directly with alleged criminal activities.
B. Pre-Interview Rights - The following rights apply pr ior to an officer being s ubject to an
administrative interview .
1. The member shall be informed about the nature of the investigation prior to an interview .
2. The member shall be entitled to the represen tative of their choice, if de sired, and a
reaso nable opportunity to prepa re for the interview with that representative.
a. The member must choose a representative who is reaso nably able to attend the
interview .
b. The representative may not be a person subject to the same investigation.
3. Members ar e not entitled to pre -interview discovery.
4. Prior to the submission of a memorand um regarding a matter that could lead to
disciplinary action again st the member , a member has the right to have a
representative rev iew the member ’s memorandum . Supe rvisors must advise memb ers
of the right to a representative when ordering a member to draft such a memorandum.
1 For purposes of this General Order, “ interview ” is used in the same manner as “ interrogation ” in the Act.
DGO 2.08
Rev. 05/ 03/23
Page 2 of 2
C. Interview Rights - The following rights apply during an administrative interview .
1. The interview shall be conducted at a reasonable hour, pr eferably at a time when the
member is on duty or during normal waking hours, unl ess the seriousness of the
investigation requires otherwise.
2. The interview shall last for a reasonable period taking into consideration the gravity
and complexity of the issue being investigated. The member shall be allowed t o
attend to their own phys ical nec essities.
3. The member shall not be subjected to offensive language or threats of punitive action,
except that a member refusing to respond to questions or submit to intervi ew shall be
informed that failure to answer que stions may result in puni tive action.
4. The member shall only be asked questions by no more than two investigators at any given time.
5. The interv iew may be recorded. M embers may not use Department property ,
including body- worn cameras, to record administrative interview s.
6. Member s retain their Constitutional right to re main silent. Members who invoke their
right to remain silent will be prov ided with a “ Lybarger ” admonishment. However, as
a condition of employme nt, the member must answer all questions posed during the
interview . Any subsequent stateme nt may be used for ad ministrative purposes but
may not be used in any subsequent criminal action against the member. All statement s, declaration s, or a nswers to ques tions regarding the investigatio n shall be
truthful and non- evasiv e.
References
DGO 1.06, Duties of Superior Officers
DGO 2.01, General Rules of Conduct
DGO 2.04, Complaints Against Officers
DGO 2.07, Discipline Process f or Sworn Officers
Government Code §§ 3300- 3313