If you are the subject of an investigation use the following as appropriate:

AZ-COPS Constitutional Protection Statement

"On _____________ (date) ____________ (time)____________________________ at

_________________________________________(place)__________________________,

I was ordered to submit this report (give this statement) by_______________________________________________________(name and rank).

I submit this report (give this statement) at his order as a condition of employment. In view of possible job forfeiture, I have no alternative but to abide by this order."

"It is my belief and understanding that the department requires this report (statement) solely and exclusively for internal purposes and will not release it to any other agency or authority except as is required by law. It is my further belief that this report (statement) will not and cannot be used against me in any subsequent proceeding other than disciplinary proceedings within the confines of the department itself."

"For any and all other purposes, I hereby reserve my constitutional right to remain silent under the FIFTH and FOURTEENTH AMENDMENTS to the UNITED STATES CONSTITUTION and other rights PRESCRIBED by law. Further, I rely specifically upon the protection afforded me under the doctrines set forth in Garrity vs. State of New Jersey, 385 U.S. 493 (1967), Spevack vs. Klein, 385 U.S. 511 (1967), and Gardner vs. Broderick 392 U.S. 273 (1968), should this report (statement) be used for any other purpose of whatsoever kind or descriptions."

(WORD THE ABOVE VERBATIM AT THE END OF YOUR STATEMENT)

As a condition of employment you are required to abide by the rules and regulations. You must answer questions, give statements, and submit reports at the order of an investigating officer, or become subject to disciplinary action for refusal to obey. It is suggested that you include the procedure outlined above when making statements or submitting reports concerning complaints from citizens, or when you are suspected of violation of the law or the rules and regulations. By doing so you will ensure that your statements and reports cannot be used as evidence against you in any proceeding before an agency bound by the rules of evidence. The procedure suggested is lawful and proper. Each individual officer must decide for himself if he is going to use it, Our advice is that we all use the procedure all the time. Therefore, there will be no special stigma on its use. Remember that it is better to be safe than sorry and it is better to have it and not need it than to need it and not have it. In this country under our system of government, NO MAN NEED BE ASHAMED, NOR SHOULD HE BE AFRAID, TO DEMAND AND PROTECT HIS CONSTITUTIONAL RIGHTS.
Call AZ-COPS if you need assistance.


If the MIRANDA WARNINGS are read to you, contact the AZ-COPS office immediately BEFORE making a statement.
IF YOU ARE INVOLVED IN A SHOOTING!!

1.  Remember your constitutional right to remain silent.
    (Fifth Amendment United States Constitution)

2.  You should consider retaining a lawyer knowledgeable in this area of the law.

3.  Any statement you give may be used against you in a subsequent criminal, administrative or
    civil proceeding. Make sure you are psychologically ready before giving it.

4.  Regardless of whether you have obtained a lawyer, when you initial statement is given,
    make sure you have been ordered to give the statement by a superior officer.

5.  Remember that the law in the area of use of force is evolving.  You have a constitutional right
    to legal representation.
Problem Solving for Pinal County Employees

What is what?

While we are employed by the Pinal County Sheriff’s Office, we also come under the Pinal County Human Resources Policies and procedures.

Those policies and procedures may be found on the Pinal County Website:
www.co.pinal.az.us

Pinal County Policy 3.6: Problem Solving.

Using the pull-down menu on the top right side of their website go to Human Resources and then to Policies and Procedures.  I have found these to be up to date and accurate.


Everything should be addressed to you immediate supervisor.  If he or she is unable to assist you in finding a resolution, then you should feel free to go up the chain of command.  Of course, if your immediate supervisor is the problem, you may go to his/her supervisor.  For the most part resolutions should be reached with a week or two if not immediately.  Make sure you ask the supervisor for a deadline within which to get back to you.  When that deadline has come and gone without a response you may take the problem up the chain.  Again, after expressing the problem ask for a deadline within which to expect an answer.  When no resolution is reached at this informal level or the resolution is not acceptable then look at Problem Solving.

To use this process, you must have first tried to resolve it informally with an immediate supervisor.

Failing the informal resolution you should use the form provided by Human Resources.  Again, go to the Pinal County website, go to Human Resources, go to Forms and look for Problem Solving.

Explain the problem and the requested resolution and give it to your immediate supervisor.
That supervisor is required to give you a written response within two (2) work days.

From you supervisor the form should go to the Sheriff (as the elected official) and he has ten (10) work days to give a written response; including getting with you to address the issue.  In the case of the Sheriff’s Office, the Sheriff’s decision is final.  On the other hand, you now have it in writing and if you are still not satisfied with the offered resolution then contact your union representative.

Some of the issues that can be addressed this way are:
Misinterpretation, misapplication or unequal enforcement of County policies, or administrative procedures
Hours of work, assignment of duties, working conditions
Disagreement with a letter of reprimand.

Problem solving can not be used to address
compensation
classification
performance appraisal
matters covered by state or federal law.

It is suggested that you have a union representative check you Problem Solving form before you turn it in.

NOTE: There does not seem to be a time limit within which you need to meet in order to initiate a Problem Solving.