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November 18, 2021 —<\/em> Among the many physical hazards PEF members face on the job is the additional risk of being charged with abusing or neglecting the individuals they help.<\/p>\n This is especially true for members who work at state agencies that are subject to oversight from the state Justice Center for the Protection of People with Special Needs.\u00a0 Those six agencies are the Health Department, Education Department and four state offices: of Mental Health; for People with Developmental Disabilities; of Children and Family Services; and of Addiction Services and Supports.<\/p>\n PEF provided expert advice on how to avoid and if necessary respond to Justice Center investigations and charges at a PEF Convention workshop in October.\u00a0 PEF field representative Meghan Keegan and attorney Emily Hannigan conducted the workshop.<\/p>\n The first advice they gave attendees: You can be pro-active in heading off possible incidents that might result in charges. \u00a0You should report any unsafe conditions in your work area.\u00a0 Report it in writing, and\/or grieve it.\u00a0 For instance, if a door is supposed to automatically lock when it is closed, but it does not do so every time, report it in writing.\u00a0 The report might protect you if an individual who should not go through that door does get through it.<\/p>\n Keegan and Hannigan said you should always take any interactions with the Justice Center very seriously.<\/p>\n \u201cEven if the state Justice Center finds that charges against you are unsubstantiated, your agency may still go after you,\u201d Hannigan said.<\/p>\n Any time a Justice Center investigator approaches you (in person, phone or email) and wants to talk, always ask: \u201cIs this voluntary?\u201d\u00a0 If they say yes, you should politely decline to participate.\u00a0 If you\u2019re unsure what to do, ask to speak to your PEF field representative first.<\/p>\n Hannigan, who represents people who face such charges, said these cases can take three tracks: administrative; disciplinary; or criminal.<\/p>\n In administrative cases, she said, there can be three levels of findings:<\/p>\n You have rights and PEF will be there to ensure your rights are respected.\u00a0 These rights include:<\/p>\n \u201cIf you get a substantiated report, get a copy of that letter to your PEF field representative as soon as possible and request an appeal,\u201d Hannigan said.\u00a0 \u201cI will write that request for an appeal for you.\u201d\u00a0 Don\u2019t take your time. Move quickly because if it goes past 30 days, \u201cyou may have waived your chance for a timely appeal.\u201d<\/p>\n Interactions with the Justice Center usually involve their investigator (Keegan used to be an investigator for the center) asking you questions.\u00a0 These interactions are either an interrogation or an interview.\u00a0 You need to know which it is and should ask: \u201cIs this an interview or an interrogation?\u201d<\/p>\n Essentially, it is an interrogation if you are being questioned about something that could result in discipline. If you are directed to speak with the Justice Center, it is compelled. PEF members are only entitled to union representation during interrogations.<\/p>\n \u201cAn interview is not when you are asked to do an incident report,\u201d Hannigan said.\u00a0 \u201cAn interview is different and it may be with any person who the center\u2019s investigator thinks may have information about a reported incident and who is not the individual named in the report as having committed an act of abuse or neglect.\u00a0 The center refers to such persons as \u201cnon-targets,\u201d \u201cnon-subjects\u201d or \u201cwitnesses.\u201d<\/p>\n \u201cIt is always crucial to ask, \u2018Is this voluntary?\u2019 and if they say yes, you should say that you do not want to participate,\u201d Hannigan said.<\/p>\n If the investigator insists on speaking to you, then you should state that you need union representation and must reschedule the interview so that you can obtain that representation.\u00a0 Your right to union representation is set forth in Article 33 of the PS&T Contract, which contains your \u201cBill of Rights.\u201d\u00a0 Your request for union representation should be stated on the record or documented.<\/p>\n This may be a criminal investigation and any voluntary statement you make can be used against you in a criminal proceeding.<\/p>\n If you can\u2019t get a straight answer on whether the questioning is voluntary, tell them, \u201cBased on your questions, I believe I am entitled to representation.\u201d And get that statement on the record or documented.<\/p>\n \u201cTry to get the questioner\u2019s response in writing as to whether your participation is voluntary or compelled,\u201d Hannigan advised.<\/p>\n \u201cYou are never under any obligation to speak to law enforcement,\u201d Hannigan said.<\/p>\n If the investigator says you are a witness and are not entitled to representation, then ask them to put that in writing, and call your PEF steward or field representative for further advice.\u00a0 If you are not allowed to obtain representation, you may still be compelled to answer questions under penalty of insubordination.\u00a0 In this scenario, you will want to call your PEF steward or field representative as soon as possible.<\/p>\n If the investigator says the interview is not voluntary you must answer the questions truthfully or risk being charged by your employer with insubordination.\u00a0 Although your compelled statement may not be used against you in criminal prosecution, it may be used against you in a disciplinary or administrative matter.<\/p>\n What starts out to be an interview with you as a witness, can turn into an interrogation with you as the subject or target.\u00a0 If the person questioning you decides at some point that you are a likely subject for discipline, the questioner must tell you that.<\/p>\n \u201cIf the questioner suddenly decides that you are not just a witness and you may be charged, they are supposed to stop and alert you to that,\u201d Hannigan said, \u201cbut that usually does not happen.\u201d<\/p>\n Prior to the formation of the Justice Center, there was no requirement that people be notified of investigations into alleged abuse or neglect.\u00a0 Now the Justice Center must provide written notification to subjects of investigations except in limited criminal matters.<\/p>\n If you are the target or subject of an investigation, it is all the more important to protect yourself.<\/p>\n If it is an interrogation, it should be recorded.\u00a0 There should be nothing \u201coff the record.\u201d\u00a0 Point out if you can\u2019t recognize yourself or others in a video or hear clearly what is being said in an audio recording.<\/p>\n Here is how best to protect yourself in a compelled interrogation:<\/p>\n Those are the things you should do at an interview or interrogation.\u00a0 Here is a list of things you should not do<\/strong>:<\/p>\n After the questioning ends, do not discuss it with anyone but your PEF representatives.\u00a0 If you do, it could be viewed as obstruction.<\/p>\n If you receive a Report of Investigation Determination, do not ignore it.\u00a0 Get a copy of it quickly to your PEF field representative.\u00a0 Again, you have just 30 days to file a formal appeal if the finding in the report is substantiated.<\/p>\n Do not copy confidential patient information or records or remove them from the facility.<\/p>\n Things you should do after the questioning is over, include:<\/p>\n\n
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