Question: I’m a code enforcement officer and I was involved in a traffic accident. I was parked and getting out of my vehicle to issue a citation. I didn’t check before opening my vehicle door and I clipped a bicyclist who was passing by. The City investigated and issued a report, but they didn’t interview me. The report found that I could’ve prevented the incident. The investigator is now asking whether I want to be interviewed. He said that if I agree with the report, it’s not necessary to have an investigatory meeting. He said I can still have a Skelly hearing once it’s determined whether discipline will be imposed. Should I waive the investigatory interview?
Answer: Investigatory meetings are tools used by management to uncover facts regarding a situation. The results of the investigation form the basis for any disciplinary action and the investigatory interviews carry their own risks. Some investigators may ask questions that are not clear, or you may not understand a question and answer it incorrectly (or other witnesses might remember events differently). If this happens, management may interpret this as you not being truthful. If you lie or mislead during an investigation (or are perceived to be doing so), management can and will use this against you. You may then be faced not only with consequences from the act under investigation, but you may also be charged with not cooperating with an investigation. In this case, if the report accurately describes the facts of the situation, there is no need for an investigatory interview. Signing the report would eliminate an interview and any potential risks. You will still have a right to present any defenses or mitigating circumstances at the Skelly hearing and any subsequent appeals.