OIG interviews are conducted in compliance with constitutional rights. Before beginning an interview, OIG investigators identify themselves, present their credentials, and state the nature and purpose of the interview.
When applicable, a statement of the individual’s rights with regard to, among other things, remaining silent and obtaining legal counsel or union representation is stated directly and personally at each interview. These statements of rights are referred to as “warnings.”
The four types of warnings that may be administered during investigations are Miranda, Kalkines, Garrity, and Weingarten.
Miranda warnings are given when an individual is being interviewed concerning his or her own potentially criminal misconduct and is taken into custody or deprived of freedom in a significant way. Under this warning, one is advised that pursuant to the Fifth and Sixth Amendments to the Constitution, anything said may be used against him or her, and that he or she is entitled to remain silent or otherwise not incriminate himself or herself, and to the assistance of an attorney.
Kalkines warnings are given when the possibility of criminal prosecution has been removed, usually by a declination to prosecute by the DOJ, and the employee is required to answer questions relating to the performance of his or her official duties or be subject to disciplinary action.
Garrity warnings are given when an individual is requested to give information on a voluntary basis in connection with his or her own administrative misconduct, and the answers might also be used in a future criminal proceeding. The individual is apprised of his or her right to remain silent if the answers may tend to incriminate him or her; that anything said may be used against him or her in either a criminal or administrative proceeding; and he or she cannot be disciplined for remaining silent.
Weingarten warnings are given to a bargaining unit employee, who is the subject of an investigation. The employee is notified that he or she is entitled to union representation during interviews that may result in disciplinary action against such employee. An employee must request such union representation before the right becomes operational.
It is OIG policy to allow an interviewed employee, who may or may not be the subject of an investigation, to have a legal, union or other representative present.
Employees requesting legal, union or other representation are entitled to a reasonable amount of time to arrange this representation. Legal or other representation is at the expense of the individual employee. The Commission does not provide attorneys for this purpose.
The role of the representative is to provide counsel or advice, not to answer questions on behalf of the employee. Representatives are not permitted to question the OIG investigator or otherwise dominate or disrupt the interview or the investigation.