§ 14-52-303 - Disciplinary proceedings. - Arkansas Statutes

14-52-303. Disciplinary proceedings.

Whenever a law enforcement officer is under investigation for alleged improper conduct with a possible result of termination, demotion, or other disciplinary action causing loss of pay or status, the following minimum standards may apply:

(1) No adverse inference shall be drawn and no punitive action taken from a refusal of the law enforcement officer being investigated to participate in such investigation or be interrogated other than when such law enforcement officer is on duty, or is otherwise fully compensated for such time spent in accordance with city and departmental overtime policy and state and federal law.

(2) Any interrogation of a law enforcement officer shall take place at the office of those conducting the investigation, the place where such law enforcement officer reports for duty, or such other reasonable place as the investigator may determine.

(3) The law enforcement officer being investigated shall be informed, at the commencement of his or her interrogation, of:

(A) The nature of the investigation;

(B) The identity and authority of the person or persons conducting the investigation; and

(C) The identity of all persons present during the interrogation.

(4) During the interrogation of the law enforcement officer, questions will be posed by or through only one (1) interrogator at a time.

(5) Any interrogation of a law enforcement officer in connection with an investigation shall be for a reasonable period of time and shall allow for reasonable periods for the rest and personal necessities of such law enforcement officer.

(6) No threat, harassment, promise, or reward shall be made to any law enforcement officer in connection with an investigation in order to induce the answering of any questions that the law enforcement officer has a legal right to refrain from answering, but immunity from prosecution may be offered to induce such response.

(7) All interrogations of a law enforcement officer in connection with an investigation against him or her shall be recorded in full. The law enforcement officer shall be allowed to make his or her own independent recording of his or her interrogation and have one (1) witness of his or her choosing present. The witness must be an attorney or a member of the police department that is in no way related to the matter under investigation.

(8) No formal proceeding which has the authority to administer disciplinary action against a law enforcement officer may be held except upon official departmental charges.

(9) Official departmental charges shall contain the specific conduct that is alleged to be improper, the date and the time of the alleged misconduct, the witnesses whose information provided the basis for the charges, and the specific rules, regulations, orders, or laws alleged to have been violated.

(10) Any law enforcement officer under official departmental charges shall be entitled to a predisciplinary hearing before the chief of police if the disciplinary action is being considered. At such hearing, the law enforcement officer shall have the opportunity to have a person of his or her choosing present.

(11) No formal proceeding which has authority to penalize a law enforcement officer may be brought except upon charges signed by the person making those charges.