NRS 289 and Internal Investigations

When you find yourself as the subject in an internal investigation, NRS 289 dictates key points regarding how the internal investigation must be handled. The Department will send you a notice regarding the alleged misconduct at least 48 hours before your interview. To comply with NRS 289.060.2, the notice MUST include the following:

2. The notice provided to the peace officer who is the subject of the investigation must include: (a) A description of the nature of the investigation. (b) A summary of alleged misconduct of the peace officer setting forth with specificity the alleged acts or omissions constituting the misconduct and the date, time and location of the alleged misconduct. If the date, time or location of the alleged misconduct is unknown, the summary must specify that the date, time or location is unknown. If there are multiple allegations of misconduct, the summary must describe each allegation of misconduct. (c) The date, time and place of the interrogation or hearing. (d) The name and rank of the officer in charge of the investigation and the officers who will conduct any interrogation or hearing. (e) The name of any other person who will be present at any interrogation or hearing.

Let's break down sections A and B.

A: The description of the nature of the investigation is more than merely an event number. The nature of the investigation described in the notice must be clear, leaving no room for trunk monkeys or guessing. The Department's investigators will most likely have already spent hours investigating the allegation, so they must provide a description of the allegation or allegations of which they are already aware.

B: This paragraph is the longest in this section because it provides specific details about what the Department must include regarding the alleged misconduct. One of the key words is "specificity." When setting forth the alleged misconduct, the notice must be specific.

If your notice says, "It's alleged you used foul language," that absolutely does not meet the required element of specificity. The investigator would need to state specifically in the notice which word or words are believed to be "foul." Similarly, if the notice says you "applied an unapproved use-of-force technique," that also lacks specificity. Failing to specify what technique is alleged to be "unapproved" clearly would not comply with NRS 289.

The same is required for all allegations, whether they involve interactions with the public, use of force, truthfulness or any other alleged violation. The date, time, location and details surrounding EACH allegation must be provided. Those aren't my words; that's Nevada law.

If we believe a notice violates any of the requirements set forth by NRS 289, we have no problem requesting that the Department's investigators rewrite it to comply with the law. In fact, it's not uncommon for these questions to arise as we review internal investigation notices.

We have had multiple conversations with the Department's investigators and supervisors, and I believe we have a good working relationship with many of them. It isn't the PPA versus the Department – it's the PPA versus anyone who is trying to deprive you of your rights.

I know several investigators in IAB, CIRT and EDS whom I respect and believe are great investigators who stay within NRS 289. Some investigators need more guidance than others, but you'll find that in every section Department-wide. And that's OK. As long as a humble attitude and willingness to learn are present, we can overcome those shortcomings. There is no problem with that at all.

The Vehicle Collision Board is also required to follow NRS 289 because it conducts internal investigations. We have healthy conversations with its members as well as regarding Metro-related accidents.

As your representatives, it is our job to make sure your rights are being respected. If we see an incomplete notice, whether it comes from IAB, CIRT, EDS or VCB, we absolutely will bring it to the investigative team's attention before the interview. It is not uncommon for us to request that a notice be rewritten if it does not comply with NRS 289. That ensures the interview process runs smoothly for you.

Regarding the internal investigation interview, NRS 289.060.3C states:

3. The law enforcement agency shall: (c) Limit the scope of the questions during the interrogation or hearing to the alleged misconduct of the peace officer who is the subject of the investigation.

This section limits investigators' questions to the alleged misconduct. That raises the question: "What if they ask me something outside the notice in violation of NRS 289?" In that case, your PPA representative will object to the question. Whether investigators are asking something not included in the notice or something unrelated to the alleged misconduct, we will place the objection on the record.

If a supervisor is present – which most likely will be the case – the supervisor may still mandate that you answer the question under threat of insubordination. In that case, you will answer the question. Most importantly, however, the objection raised will be on the record and can be used later, if needed, during the grievance process. It is not the end of the world if you hear us raise an objection; it is simply part of the process.

Most importantly, we will be in your corner to help you through each internal investigation. Behind the scenes, we are having multiple conversations with the Department to help improve its investigative process and protect your rights.

I mentioned several types of internal investigations that occur within the Department, but do not mistakenly believe that NRS 289 applies only to those specific investigative groups. In your respective area command, you may become the subject of an investigation in which your direct supervision asks questions that you reasonably believe could result in discipline. If that happens, you most definitely have the right to call us!

If you have any questions, we encourage you to reach out. If you are a supervisor reading this, contact us, and we will set up a squad training to discuss internal investigations and other topics with your squad.

We enjoy working with you all and take pride in our mission to protect those who protect this community. Thank you for everything you give this community. That cannot be overstated.