                                 CODE OF VIRGINIA

CONDUCT OF INTERROGATION (§ 9.1-301)

The provisions of this section shall apply whenever a firefighter or emergency
medical services personnel are subjected to an interrogation that could lead to
dismissal, demotion, or suspension for punitive reasons:

1. The interrogation shall take place at the facility where the investigating
officer is assigned, or at the facility that has jurisdiction over the place
where the incident under investigation allegedly occurred, as designated by the
investigating officer.

2. No firefighter or emergency medical services personnel shall be subjected to
interrogation without first receiving written notice of sufficient detail of the
investigation in order to reasonably apprise the firefighter or emergency
medical services personnel of the nature of the investigation.

3. All interrogations shall be conducted at a reasonable time of day, preferably
when the firefighter or emergency medical services personnel is on duty, unless
the matters being investigated are of such a nature that immediate action is
required.

4. The firefighter or emergency medical services personnel under investigation
shall be informed of the name, rank, and unit or command of the officer in
charge of the investigation, the interrogators, and all persons present during
any interrogation.

5. Interrogation sessions shall be of reasonable duration, and the firefighter
or emergency medical services personnel shall be permitted reasonable periods
for rest and personal necessities. The firefighter or emergency medical services
personnel may have an observer of his choice present during the interrogation,
as long as the interview is not unduly delayed. This observer may not
participate or represent the employee, may not be involved in the investigation,
and must be an active or retired member of the department, for purposes of
confidentiality.

6. The firefighter or emergency medical services personnel being interrogated
shall not be subjected to offensive language or offered any incentive as an
inducement to answer any questions.

7. If a recording of any interrogation is made, and if a transcript of the
interrogation is made, the firefighter or emergency medical services personnel
under investigation shall be entitled to a copy without charge. Such record may
be electronically recorded.

8. No firefighter or emergency medical services personnel shall be discharged,
disciplined, demoted, denied promotion or seniority, or otherwise disciplined or
discriminated against in regard to his employment, or be threatened with any
such treatment as retaliation for his exercise of any of the rights granted or
protected by this chapter.
			Nothing contained in this section shall prohibit a local governing body from
granting its employees rights greater than those contained herein.

HISTORY: 1987, c. 509, § 2.1-116.9:2; 2001, c. 844; 2010, c. 779; 2015, cc.
502, 503; 2016, c. 419; 2019, c. 831.