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Officer Rights:
As the official information vehicle for PB&PA Unit 22, it
is important that we keep the Union members in tune and up to date. The following is for your benefit and the Union
as a whole:
It is extremely important to notify a Union Representative for all matters where you believe
some type of discipline may be forthcoming. Please contact a Union Board member if you are subject to an investigation
so that our Union Lawyers are notified in a timely manner.
Your right to have a Union Representative present during
matters of discipline and questioning are allowed due to the Weingarten Ruling in 1975. Click the link below to read
up on the information.
When you are involved in an incident, and you prepare any written
report to the Department, (e.g., Officer's report, incident report, witness statement, insurance form) or give any oral statement
to another employee arising, from the incident, you have been compelled to due so by the
Department mandate. Such compelled statements are subject to the Garrity Rule which precludes their use as evidence
in criminal proceedings in which you are charged with a crime arising from the incident.
If you are given your Miranda Warning,
any statements you make thereafter are voluntary and not compelled; they would not be subject to the Garrity Rule and could
be used against you in court.
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