To: Deputy Sheriff Association Members Date: 09/10/2014
From: Steven McCulloch, President
Subject: Peace Officer Bill of Rights
As a reminder each deputy has defined rights under California Government Codes 3300-3313. also known as the Peace Officer Bill of Rights. Please keep those rights in mind in the event your asked to right a memo or provide any information concerning any investigation that could POSSIBLY result in punitive action against you. The Mastagni Law Firm suggests the following in regards to this issue.
In the event you are required to write a report, letter, memo, and/or answer questions concerning an investigation which could POSSIBLY lead to punitive action against you, and you do not have time to contact your representative, you should read aloud the following non-waiver statement and give it to the person requesting you to report:
" I object to any questioning or request for response until I have had an opportunity to meet with my chosen representative. However, I understand that I am being ordered to make a report or answer questions and that if I do not comply with the order, I may be disciplined for insubordination. Therefore, I have no alternative but to abide by the order. By so doing, I do not waive my rights under the Fifth and Fourteenth Amendments to the United States Constitution, the protections of the California Constitution, or the protections afforded me under case law."
These rights are afforded to each of you, and it is up to each of you to decide whether or not you want to use them. Ask to speak to a representative of your choosing prior to providing information you think could result in disciplinary action. A representative can be a board of directors member or one of our association assigned lawyers. Keep in mind punitive action can come in many forms. If you have any questions please contact me or refer to California Government Codes 3300-3313.