"No man need be ashamed, nor should he be afraid, to demand and protect his constitutional rights."

  Every experienced firefighter, paramedic and fire officer has faced the unsettling prospect of being interviewed as a part of an investigation. One thing that most don't know is that public employees have certain constitutional rights that apply to their employment that may not apply to private employees. For example, in Garrity v. New Jersey, the Supreme Court held that statements obtained in the course of an investigatory interview under threat of termination from public employment could not be used as evidence against the employee in subsequent criminal proceedings.

In most departments three principles appear well settled in cases in which the firefighter has been protected from criminal charges:

1. An employee can be ordered to participate in such an investigation;

2. An employee can be required to give a statement, oral or written, at times recorded, transcribed and sworn;

3. Whatever statements are made may be used against the employee in later disciplinary proceedings

  If, however, you refuse to answer questions after you have been assured that your statements cannot be used against you in subsequent criminal proceedings, the refusal to answer questions thereafter may lead to the imposition of discipline for insubordination. Further, while the statements you make may not be used against you in a criminal proceeding they can still form the basis for discipline on the underlying work related charge.

  Firefighters in such situations should be informed that they have the right to make a statement protecting their rights. In some departments such a statement has been printed onto the statement form; in others the statement has been printed up on wallet sized cards and carried by individual members. Finally, a numerous amount of firefighters have read or written the statement when giving taped interviews, or written on all statements that they sign. As a condition of employment you are required to abide by the rules and regulations. You must answer questions, give statements, and submit reports at the order of an investigating officer, or become subject to disciplinary action for refusal to obey. It is suggested that you include the procedure outlined here when making statements or submitting reports concerning complaints from citizens, or when you are suspected of a violation of the law or the rules and regulations. By doing so you will ensure that your statements and reports cannot be used as evidence against you in any proceedings before any agency bound by the rules of evidence. The procedure suggested is lawful and proper. Each individual firefighter must decide for him or herself if they are going to use it. My advice is that we all use the procedure all of the time. This way there there will be no special stigma on its use. Remember that it is better to be safe than sorry, and it is better to have it and not need it than to need it and not have it.

Constitutional Protection Statement

 "On ________ (date) ________ (time) at

__________________________ (place) I was ordered to submit this report (give this statement) by

__________________________ (name & rank). I submit this report (give this statement) at his order as a condition of my employment. In view of possible job forfeiture, I have no alternative but to abide by this order." "It is my belief and understanding that the department requires this report (statement) solely and exclusively for internal purposes and will not release it to any other agency. It is my further belief that this report (statement) will not and cannot be used against me in any subsequent proceedings. I authorize release of this report to my attorney or designated union representative."

"I retain the right to amend or change this statement upon reflection to correct any unintended mistake without subjecting myself to a charge of untruthfulness."

"For any and all other purposes, I hereby reserve my constitutional right to remain silent under the FIFTH and FOURTEENTH AMENDMENTS to the UNITED STATES CONSTITUTION and any other rights PRESCRIBED by law. Further, I rely specifically upon the protection afforded me under the doctrines set forth in Garrity v. New Jersey, 385 U.S. 493 (1967), and Spevack v. Klien, 385 U.S. 551 (1956), should this report (statement) be used for any other purpose of whatsoever kind or description."