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name, and command of the officer in charge of the interrogation, the interrogating officers, and all other <br />persons to be present during the interrogation. All questions directed to the public safety officer under <br />interrogation shall be asked by and through no more than two interrogators at one time. <br />(c) The public safety officer under investigation shall be informed of the nature of the investigation <br />prior to any interrogation. <br />(d) The interrogating session shall be for a reasonable period taking into consideration gravity and <br />complexity of the issue being investigated. The person under interrogation shall be allowed to attend to <br />his or her own personal physical necessities. <br />(e) The public safety officer under interrogation shall not be subjected to offensive language or <br />threatened with punitive action, except that an officer refusing to respond to questions or submit to <br />interrogations shall be informed that failure to answer questions directly related to the investigation or <br />interrogation may result in punitive action. No promise of reward shall be made as an inducement to <br />answering any question. The employer shall not cause the public safety officer under interrogation to be <br />subjected to visits by the press or news media without his or her express consent nor shall his or her <br />home address or photograph be given to the press or news media without his or her express consent. <br />(f) No statement made during interrogation by a public safety officer under duress, coercion, or threat <br />of punitive action shall be admissible in any subsequent civil proceeding. This subdivision is subject to <br />the following qualifications: <br />(1) This subdivision shall not limit the use of statements made by a public safety officer when the <br />employing public safety department is seeking civil sanctions against any public safety officer, <br />including disciplinary action brought under Section 19572. <br />(2) This subdivision shall not prevent the admissibility of statements made by the public safety officer <br />under interrogation in any civil action, including administrative actions, brought by that public safety <br />officer, or that officer’s exclusive representative, arising out of a disciplinary action. <br />(3) This subdivision shall not prevent statements made by a public safety officer under interro gation <br />from being used to impeach the testimony of that officer after an in camera review to determine <br />whether the statements serve to impeach the testimony of the officer. <br />(4) This subdivision shall not otherwise prevent the admissibility of statements made by a public safety <br />officer under interrogation if that officer subsequently is deceased. <br />(g) The complete interrogation of a public safety officer may be recorded. If a tape recording is made of <br />the interrogation, the public safety officer shall have access to the tape if any further proceedings are <br />contemplated or prior to any further interrogation at a subsequent time. The public safety officer shall <br />be entitled to a transcribed copy of any notes made by a stenographer or to any reports or complaints <br />made by investigators or other persons, except those which are deemed by the investigating agency to <br />be confidential. No notes or reports that are deemed to be confidential may be entered in the officer’s <br />personnel file. The public safety officer being in terrogated shall have the right to bring his or her own <br />recording device and record any and all aspects of the interrogation. <br />(h) If prior to or during the interrogation of a public safety officer it is deemed that he or she may be <br />charged with a criminal offense, he or she shall be immediately informed of his or her constitutional <br />rights. <br />(i) Upon the filing of a formal written statement of charges, or whenever an interrogation focuses on <br />matters that are likely to result in punitive action against any pub lic safety officer, that officer, at his or <br />her request, shall have the right to be represented by a representative of his or her choice who may be <br />present at all times during the interrogation. The representative shall not be a person subject to the same <br />investigation. The representative shall not be required to disclose, nor be subject to any punitive action <br />for refusing to disclose, any information received from the officer under investigation for noncriminal <br />matters. <br />This section shall not apply to any interrogation of a public safety officer in the normal course of duty, <br />counseling, instruction, or informal verbal admonishment by, or other routine or unplanned contact <br />with, a supervisor or any other public safety officer, nor shall this section apply to an investigation <br />concerned solely and directly with alleged criminal activities. <br />(j) No public safety officer shall be loaned or temporarily reassigned to a location or duty assignment if <br />a sworn member of his or her department would not normally be sent to that location or would not <br />normally be given that duty assignment under similar circumstances. <br />(Amended by Stats. 1994, Ch. 1259, Sec. 1. Effective January 1, 1995.)