| CHAPTER 25. RIGHTS OF LAW ENFORCEMENT
OFFICERS
WHILE UNDER INVESTIGATION
R.S.40:2531 Applicability; minimum standards during investigation;
penalties for failure to comply
A. The provisions of this Chapter shall only apply to those law
enforcement officers employed by any municipality and campus police
employed at any state-supported college or university who are under
investigation with a view to possible disciplinary action, demotion,
or dismissal.
B. Whenever a law enforcement officer is under investigation, the
following minimum standards shall apply:
(1)
The law enforcement officer being investigated shall be informed,
at the commencement of interrogation, of the nature of the investigation
and the identity and authority of the person conducting such investigation,
and at the commencement of any interrogation, such officer shall
be informed as to the identity of all persons present during such
interrogation. The law enforcement officer shall be allowed to make
notes.
(2)
Any interrogation of a law enforcement officer 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 such law enforcement officer.
(3)
All interrogations of any law enforcement officers in connection
with the investigation shall be recorded in full. The law enforcement
officer shall not be prohibited from obtaining a copy of the recording
or transcript of the recording of his statements upon his written
request.
(4)
A. The law enforcement officer being questioned, whether
as a target or a witness in an administrative investigation, shall
have the right to be represented by counsel, other representative,
or both, of the law enforcement officer’s choice.
B. The law enforcement officer shall be granted up to
thirty days to secure such representation, during which time all
questioning shall be suspended.
C. The law enforcement officer’s representative
or counsel shall be allowed to offer advice to the officer and make
statements on the record regarding any question asked of the officer
at any interrogation, interview, or hearing in the course of the
investigation.
(5)
No statement made by the officer during the course of an administrative
investigation shall be admissible in a criminal proceeding.
(6)
When a formal and written complaint is made against any law enforcement
officer, the chief of police or his authorized representative shall
initiate an investigation within fourteen days of the date the complaint
is made. Except as otherwise provided in this Paragraph, each investigation
of a law enforcement officer which is conducted under the provisions
of this Chapter shall be completed within sixty days. However, in
each municipality which is subject to a Municipal Fire and Police
Civil Service law, the municipal police department may petition
the Municipal Fire and Police Civil Service Board for an extension
of the time within which to complete the investigation. The board
shall set the matter for hearing and shall provide notice of the
hearing to the officer who is under investigation. The officer who
is under investigation shall have the right to attend the hearing
and to present evidence and arguments against the extension. If
the board finds that the municipal police department has shown good
cause for the granting of an extension of time within which to complete
the investigation, the board shall grant an extension of up to sixty
days. Nothing contained in this Paragraph shall be constructed to
prohibit the law enforcement officer under investigation and the
appointing authority from entering into a written agreement extending
the investigation for up to an additional sixty days. The investigation
shall be considered complete upon notice to the law enforcement
officer under investigation of a pre-disciplinary hearing or a determination
of an unfounded or unsustained complaint. Further, nothing in this
Paragraph shall limit any investigation of alleged criminal activity.
(C) There shall be no discipline, demotion, dismissal or adverse
action of any sort taken against a law enforcement officer unless
the investigation is conducted in accordance with the minimum standards
provided for in this Section. Any discipline, demotion, dismissal
or adverse action of any sort whatsoever taken against a law enforcement
officer without complete compliance with the foregoing minimum standards
is an absolute nullity.
AMENDED and signed into law August 15, 2008
CODING: words bold / italic are additions
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