Chapter 3 – Personnel, Training, and Employee Relations

31140.33 Recording Interviews During an Investigation

• During OIAOffice of Internal Affairs investigations, all noticed employee interviews concerning matters that could lead to an adverse action shall be audiotape-recorded.

• Any audiotape recording of a noticed investigatory interview shall be as follows:

  • Made openly and with the full knowledge of the employee being interviewed;

  • Completely documented as part of the final report; and

  • Retained for later transcription, if needed.

• An employee being interviewed as the subject of an investigation may audiotape-record any portion of the interview and have access to the Department’s audiotape recordings if any further proceedings are contemplated or prior to any further interrogation at a subsequent time. If a subject audiotape-records the interview, he/she may retain possession of his/her audiotape upon the conclusion of the interview.

• An employee being interviewed as a witness of an investigation may audiotape-record the interview, but may not retain the original or a copy of the audiotape recording. Digital recorders shall not be allowed in witness interviews, unless the employee agrees to relinquish possession of the recorder at the end of the interview. The employee shall have access to the audiotape recordings made by the Department and the employee before any subsequent interview.

• All audiotape recordings shall be retained with the original investigative/inquiry report. Audio recordings are part of the investigative/inquiry report and are confidential.

• This Section does not apply to surreptitious recordings conducted during a criminal investigation.