OBJECTION TO BE READ INTO RECORD WHEN THE DEPARTMENT WILL NOT PROVIDE VIDEO OF AN EVENT TO THE OFFICER
WE UNDERSTAND THAT THERE IS A VIDEO OF THE OFFICER’S ACTIONS. THE OFFICER WISHES TO BE ACCURATE, HAS A DUTY TO BE ACCURATE, AND HAS A RIGHT TO USE EVERY TOOL AVAILABLE TO BE ACCURATE. THIS OFFICER THEREFORE REQUESTS TO VIEW THE VIDEO PRIOR TO THE INTERVIEW TO REFRESH HIS/HER MEMORY FOR THE PURPOSE OF PROVIDING AS ACCURATE A STATEMENT AS POSSIBLE.
[IF NOT PROVIDED]
THE LEAGUE CONSIDERS YOUR REFUSAL TO ALLOW THE OFFICER TO VIEW THE VIDEO AS AN UNFAIR LABOR PRACTICE AND VIOLATION OF DUE PROCESS AND OBJECTS TO THIS INTERVIEW CONTINUING. ARE YOU ORDERING THIS OFFICER TO CONTINUE WITH THE INTERVIEW UNDER THREAT OF INSUBORDINATION THAT MAY RESULT IN TERMINATION?
[IF YES]
[TO THE OFFICER]
OFFICER, BECAUSE OF THE LIKELIHOOD OF TERMINATION IF YOU DO NOT PROCEED WITH THIS INTERVIEW, I AM ADVISING YOU TO NOW ANSWER THE DEPARTMENT’S QUESTIONS.
AS YOU ANSWER THE QUESTIONS, PLEASE KEEP IN MIND THAT IT IS A RECOGNIZED MEDICAL FACT THAT A HIGH STRESS SITUATION MAY ALTER YOUR SENSES RESULTING IN TUNNEL VISION, AUDITORY INTERFERENCE, FALSE MEMORIES, AND CONFUSION. BECAUSE OF THIS, YOUR MEMORY OF WHAT HAPPENED MAY BE INACCURATE. IT IS BEST AND MOST ACCURATE TO ANSWER THE QUESTIONS IN TERMS OF DESCRIBING YOUR PRESENT MEMORY OR YOUR STATE OF MIND RATHER THAN A RECITATION OF FACTS WHICH MAY BE INCORRECT. BE SURE TO ARTICULATE FOR THE RECORD WHEN YOU ARE UNSURE OF SOMETHING. DO NOT ASSUME ANYTHING AND DO NOT GUESS.
THIS IS IMPORTANT BECAUSE ANY INCONSISTENCY BETWEEN YOUR STATEMENT AND THE VIDEO MAY BE USED BY THE DEPARTMENT, OR OTHERS, AS THE BASIS OF AN ALLEGATION OF A FALSE OR MISLEADING STATEMENT WHICH, EVEN IF NOT SUSTAINED, CAN HAVE A DEVASTATING EFFECT UPON YOUR CAREER.
DO YOU HAVE ANY QUESTIONS?
NOTE: The issue of viewing the video after the interview presents problems with the below section and probably should not be voluntarily done. If the officer views an inconsistency, or actions are left out of the interview that are in the video, now what? Management second guessing as to what the officer should have done will be dangerous. Ignorance may be bliss.
LAPD MANUAL Volume_3
828. FALSE AND MISLEADING STATEMENTS. It is a violation of Department Policy for any employee to make a false statement or a misleading statement as defined in this section. Any violation of this standard constitutes misconduct, which may lead to disciplinary action up to and including termination.
False Statement – Defined. A false statement is any manner of communication, including, but not limited to oral, written and electronic, which a Department employee makes when he or she knew or should have known the statement was false at the time it was made or the employee fails to correct the statement upon learning of its falsity.
Misleading Statement – Defined. A misleading statement is any manner of communication, including but not limited to oral, written and electronic, which a Department employee makes when he or she:
Provides information in an inaccurate context;
Provides information designed to lead the investigator astray or misdirect others;
Intentionally withholds information which is known or reasonably believed to be relevant; or,
Intentionally fails to provide a complete or accurate account of matters which are known to the employee.
Providing partial truth about an incident does not satisfy an employee’s obligation for truthfulness when relevant information has been deliberately left out. Further, an employee who becomes aware that a statement has been misunderstood or misrepresented has an obligation to correct the misunderstanding or misrepresentation. Failure to do so may create an inference that the employee made the statement with the intention to mislead.
A “false statement” or a “misleading statement” constitutes misconduct when:
It is made while carrying out an employee’s duties;
It results from actions incidental to an employee’s duties;
It is made while conducting a criminal or administrative investigation, even if the investigation is preliminary in nature; or,
It is made by an off-duty employee arising from a circumstance in which the employee’s occupation as a Department employee is a factor.
Exception: False and misleading statements allowed by law, including those made for investigative purposes such as those required to conduct an undercover investigation, are not considered to be misconduct and therefore do not fall within these categories.
