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The Department Head or designee shall provide notification to the Subject of Investigation (SOI) of his/her required participation in an investigation, advise the SOI of his/her role in the investigative process, as appropriate, and of the consequences of his/her failure to cooperate in the investigation.
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SOI may assert their right to representation. If SOI requests representation, that request shall not unreasonably delay the investigation. -
SOI’s representative may advise him/her but is not allowed to answer questions on behalf of the SOI as this may impair the integrity of the interview process. However, the SOI’s representative may supplement the employee’s response and/or assist him/her to ensure that the response is clear. To the extent possible, the representative should not knowingly have any personal involvement in the matter under investigation. -
Interviews with employees shall take place during regular business hours or while on duty. If not feasible, off duty interviews must be compensated consistent with the provisions of law or County policy, including, but not limited to, the Fair Labor Standards Act.
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The employee may be instructed to maintain confidentiality and shall not discuss or disclose any information pertaining to the investigation with other employees. However, the employee is not precluded from consulting with the shop steward, union representative, or private counsel on matters related to their own personal involvement in the investigation.
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The employee should be instructed to refer any inquiries regarding the interview to the investigator in charge of the case.
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While under investigation, no employee shall be voluntarily transferred or promoted to any position within LAC-DMH or anywhere within the County of Los Angeles. | |
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