DO YOU NEED HELP?

NEED HELP?

As a member of the Fraternal Order of Police, Lodge 44 for Corrections, you have access to experienced FOP representatives who understand ADCRR administrative investigations and employee representation.

 

Our trained volunteer Employee Representatives are here to help you understand the process, protect your rights, prepare responses, and navigate an investigation from beginning to end.

If you receive an Administrative Inquiry, are contacted by AIU or CIU, or believe you may be the subject of an investigation, contact us as soon as possible.

 

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FIRST — DON'T PANIC

 

Your first step is to determine what type of situation you are dealing with. There is an important difference between a criminal investigation and an administrative investigation.

 

 

KNOW WHO IS INVESTIGATING YOU

 

Criminal Investigations Unit (CIU)

CIU investigators are the Department's law enforcement investigators. In simple terms, they are the Department's police.

 

Administrative Investigation Unit (AIU)

AIU handles internal administrative investigations. AIU investigators are normally conducting administrative—not criminal—investigations.

 

Never assume you know who is in the room or what type of investigation is being conducted. ASK.

 

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SERIOUS INCIDENTS

 

Criminal Investigations

If you are called into an office and there is more than one person present—especially someone you do not recognize—ask each person to identify themselves and their role.

 

If CIU/AIU intends to interview you as the subject of an investigation, make sure you understand whether the investigation is criminal, administrative, or both.

 

IF YOU ARE READ YOUR MIRANDA RIGHTS

 

If you are advised of your Miranda rights, immediately state:

"I am invoking my right to remain silent, and I want to speak with my attorney."

Then STOP TALKING.

 

Do not attempt to explain what happened. Do not try to convince the investigator that the incident was a misunderstanding. Do not answer "just one question." Do not make statements because you believe they will clear everything up.

 

ASK FOR AN ATTORNEY AND REMAIN SILENT.

 

This remains important even if investigators tell you that you could be arrested or you are actually placed under arrest.

 

Under DO 601.06.1.5.3 and A.R.S. § 38-1101, an Employee Representative is not a substitute for legal counsel during a criminal investigation.

 

CONTACT THE FOP ATTORNEYS

 

As soon as you are able to make a telephone call, contact the FOP legal plan attorneys:

Phoenix: 602-241-0474

 

Tell the person answering:

 

"I am an FOP member and I need legal assistance."

 

Once an FOP attorney is involved, follow the attorney's instructions regarding the investigation and who you should speak with.

 

DO NOT DISCUSS THE CASE WITH CO-WORKERS

Do not involve other employees unnecessarily. Other staff members may become witnesses and may be required to provide information to investigators.

If you would like to speak with one of Lodge 44's experienced retired staff members for general support, call: 623-252-1367

 

Remember that an investigation that begins as a criminal matter may later become an administrative investigation if the evidence does not support criminal charges.

 

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NON-SERIOUS INCIDENTS

 

Administrative Matters

 

During the normal course of employment, meetings involving matters such as performance evaluations, counseling, instruction, informal verbal admonishments, reprimands, or routine/unplanned contact with a supervisor do not automatically create a right to have an FOP Lodge 44 Employee Representative present.

 

See DO 601.06.1.5.1 and A.R.S. § 38-1101.

 

However, you may contact an FOP Lodge 44 Employee Representative afterward if you have questions or concerns.

 

IF YOU RECEIVE AN ADMINISTRATIVE INQUIRY

 

If you are served with an Administrative Inquiry, accept it professionally.

 

Then:

DO NOT START EXPLAINING.

Do not argue about the allegations.

Do not complain about the person who reported the incident.

Do not try to "talk your way out of it."

Do not discuss your proposed response with co-workers.

Do not immediately write and submit a response without assistance.

Contact Lodge 44.

 

Statements that appear harmless can later become part of the investigation. Even a single poorly chosen word can significantly affect how your response is interpreted.

You will generally have five working days to respond to an Administrative Inquiry.

Use that time wisely.

 

SECOND — CONTACT FOP LODGE 44

 

For a non-criminal administrative matter, contact an FOP Lodge 44 Employee Representative as soon as possible.

 

Call: 623-252-1367

 

If no one answers, leave a message.

 

Our representatives may be working or assisting another member. We will contact you as soon as possible.

 

 

THIRD — SEND US YOUR DOCUMENTS

 

Do not wait until you have every possible document before contacting us.

 

Send whatever you currently have, including:

 

• The Administrative Inquiry you were served;

• Any Information Reports (IRs) related to the incident;

• Any supporting reports, emails, photographs, memorandum, or other documentation; and

• Any other information you believe may be relevant.

 

If the Administrative Inquiry is the only document you have, send it immediately and begin gathering or requesting the remaining documentation.

 

SEND YOUR DOCUMENTS

 

Email: help@azfop44.net

 

 

FOURTH — WORK WITH YOUR FOP REPRESENTATIVE

 

An FOP Lodge 44 Employee Representative will contact you to discuss the incident.

 

Your representative will interview you about what occurred and help identify the facts necessary to respond to the Administrative Inquiry.

 

You may be asked to prepare a draft response in your own words.

 

DO NOT SUBMIT THAT DRAFT TO THE DEPARTMENT.

 

Send the draft to your FOP representative for review.

 

 

FIFTH - REVIEW AND FINALIZE YOUR RESPONSE

 

Your FOP representative will review your draft and discuss any recommended changes with you.

The goal is to make sure your response is:

 

• Factually accurate;

• Complete;

• Professional;

• Responsive to the actual allegations;

• Consistent with applicable Department policy and employee protections; and written in a manner that does not unintentionally create additional issues.

 

Your representative will provide the final draft for your review and approval.

 

Depending on the circumstances, timing, and location, your representative may provide you with a printed copy or send the completed response electronically so you can print and submit it.

 

You—not the FOP representative—are ultimately responsible for ensuring your response is accurate before signing or submitting it.

 

 

SIXTH — AIU INTERVIEWS

 

In the course of an non-serious (non-criminal) investigation process, you may be contacted by an AIU Investigator.  Once contacted, advise the AIU Investigator that you will be requesting an Employee Representative.  Provide the Investigator the name of the FOP44 Employee Representative that you have been working with.  In most cases the AIU Investigator will give you a 24 hour notice of the meeting.

 

Some times, just to throw you off, AIU Investigators will just show up at the Unit/Office to request an interview.  If that is the case, inform the investigator that you will be requesting an Employee Representative and that if he/she wishes to continue, you reserve up to two (2) hours for the Employee Representative to respond to the interview location. (DO 601.1.2.4.5 & A.R.S.§38-1101)  Request to call your FOP44 Employee Representative at 623-252-1367.

 

DO NOT LET THEM THREATEN OR TRY TO CONVINCE YOU THAT THEY CAN NOT WAIT FOR YOUR FOP REPRESENTATIVE.

 

The AIU Investigator will have you sign forms.  READ THEM.  Then sign them.

 

The AIU Investigator will record the interview.  They will turn on the tape and announce the investigation number, your name, etc..  BEFORE YOU SAY ANYTHING...  Ask the AIU Investigator if:

 

1.  You are being ordered to submit a statement as a condition of employment;

 

2.  Affirm that your statement will not and cannot be used against the you in any subsequent proceeding other than disciplinary proceedings within the Department itself;

 

3.  Then state for all other purposes, that you reserve your 5th amendment right to remain silent;

 

The above is the minimum statement you want to make while they have a tape recorder running.

 

AND WHEN THEY TURN OFF THE RECORDER... YOU STOP ANSWERING QUESTIONS!

 

 

SEVENTH — KEEP US INFORMED

 

You must keep us informed as to any additional issues with the investigation. Employee Representatives are allowed to discuss the case with you (per the Director), even if you are advised by AIU Investigator that you are not allowed to discuss the case with anyone, this does not include Employee Representatives nor the FOP Attorneys.

 

Most investigations are resolved within 120 days, without granted extensions. When you receive a final conclusion to the investigation, please contact us and we will help you through any Grievance steps if applicable.