Chapter 3 – Personnel, Training, and Employee Relations

33070.10.12 Recording Interviews During an Investigation

• During AIU investigations, noticed employee interviews concerning matters of staff misconduct shall be audio-recorded. Any audio recording of a noticed investigatory interview shall be:

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

  • Included as part of the final report; and

  • Retained in investigation file consistent with the Records Retention Schedule.

• An employee being interviewed as the subject of an investigation may audio-record any portion of the interview and have access to the department’s audio recordings if any further proceedings are contemplated, or prior to any further interrogation at a subsequent time.

• If a subject audio records the interview, they may retain possession of the audio recording upon the conclusion of the interview.

• An employee being interviewed as a witness of an investigation may audio-record the interview, but may not retain the original or a copy of the audio 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 audio recordings made by the department and the employee before any subsequent interview.

• All audio recordings shall be retained with the original investigative file. Audio recordings are part of the investigative file and are confidential.

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