Last week I read an article in TGest concerning an Ohio mayor who was foiled in his attempt to get someone to conduct an administrative investigation into actions of his Chief of Police.  The State agencies wouldn't help him unless it concerned a criminal allegation.  Even the Ohio Chiefs' Association refused to get involved.  Unfortunately this isn't uncommon!  Few want to wade into the dirty laundry of any agency.  Yet, it's a task that is often necessary.

 I've been involved as an outside consultant in several of these types of internal administrative investigations.  I've learned some valuable lessons.  In 2012 protections for an outside consultant in these types of investigations was enhanced by the U.S. Supreme Court decision in Filarsky v. Delia, 566 U. S. ____ (2012).  The Court extended qualified immunity to an attorney hired by a California Fire Department to conduct an IA on a firefighter.  The Court's decision hinged on common law and discussed the historical precedence of governments bringing in volunteers and outside experts to help in the affairs of the local government.

But, you should be aware of a few issues.  First, since you're not in a position to discipline the employee being investigated, you need to get someone in the local government to be the one to issue any admonishments such as Garrity or Kalkines.  After this is done that person can continue to sit in or leave and allow you to conduct the interview.  

Secondly, you have to familiarize yourself with the due process rights of the employee.  This means you must determine what, if any, provisions are in place in the personnel code, civil service rules, collective bargaining agreement or state police officer bill of rights.  Just because you're not an agency employee doesn't mean you get to step on the rights of the accused employee.

Lastly, some states may have requirements that someone doing this type of investigation must be a licensed private investigator.  I've run into that in two states.  It seems ridiculous since the same provisions doesn't stop an IACP or PERF investigation that is the same in scope.  I realize that this usually is just local politics at work.

A local government, whether it's the mayor, council, manager or chief of police, must have the option of looking outward for some administrative investigations.  Even if the state or another agency might take it on, these usually are very narrow in scope.  They don't look for the systemic issues.  They rarely try to cure the agency.  But, there aren't many outside consultants around with the depth of experience and knowledge to conduct these types of administrative investigations.  If you need one, begin the search early and vette whomever you might decide to pick.  The wrong choice will produce the wrong outcome.  Everyone will end up being hurt!