The Rights of a Firefighter
The Garrity Rule
The Union's Executive Board strongly suggests that if a firefighter is asked or ordered by the Department to submit to oral questioning or to submit a written statement during the course of a departmental investigation or interrogation into allegations of job-related misconduct, the firefighter immediately contact a member of the Union's Executive Board before giving any response whatsoever. Failure to do so immediately may have a drastic effect upon the Union's ability to assist or defend the firefighter.
If ordered to give an oral or written statement or any other response, the quoted language (below) should be stated or written FIRST.
“On (date), at (time), and at
(location) I was ordered by (name and rank of firefighter/officer/chief) to
submit this statement/report. I have no alternative but to abide by this order.
It is my belief that this report will not and cannot be used against me in any
subsequent proceedings other than departmental disciplinary proceedings.
For any other purposes I hereby reserve my constitutional right to remain silent
under the 5th and 14th Amendments to the Constitution of
the United States. Furthermore, I rely specifically upon the protections
afforded to me under the doctrine set forth in Garrity v.
New Jersey, 385 U.S. 493
(1967), if this
report is used for any purpose other than these departmental disciplinary
proceedings.”
After stating or writing these paragraphs, any response given by a firefighter must be specific and concise in its relation to the allegations against and/or questions directed to him/her.