The TIGTA agent will normally call your manager and have the manager inform you that you have a meeting scheduled with TIGTA.  The meeting is usually planned within 24 hours, at the TIGTA agent’s office.  The very first thing you should do is contact your NTEU steward.  It is your right to have union representation for any investigatory interview.  For your protection, it is imperative that a steward accompany you to the meeting.  If the scheduled time and place is not possible for you or your steward the meeting can be rescheduled.  Either you or your steward can arrange a new time with the agent.  Even if the meeting must be postponed, do not go alone!

Why do you need your steward?  Your job, or worse, could be in jeopardy.  Your steward is there to protect your rights and interest.  It is normal for you to be anxious and nervous during a TIGTA interview.  Your steward is there to be a calming influence and keep the meeting in check.  Your steward will: prepare you for the interview, clarify the reason for the interview, verify that you receive your rights, make sure that you understand your rights, make comments on the form of the questions, seek clarification of questions, assist you in clarifying answers or expressing your view, suggest other avenues of inquiry, point out facts favorable to you, request breaks as necessary, and take notes.  However, your steward does not have the right to turn the meeting into an adversarial proceeding.

TIGTA conducts interviews for different types of issues.  The two basic categories are administrative matters and criminal matters.  When contacted for an interview, you have the right to know whether the investigation involves criminal or administrative matters.  You should also be told if you are the subject of the investigation, or a third party witness.

Administrative Matters

Administrative matters deal with infractions of agency rules; i.e., alleged code of ethics or conduct violations.  TIGTA investigates administrative matters and then sends their findings to management.  Management then decides the appropriate disciplinary action, from no action to termination.  You can be called as a third party or as the subject of the interview.  You must attend a meeting regarding an administrative matter.  You are also required to give truthful testimony, usually under oath.  Your failure to respond could lead to disciplinary action, including termination.

Your steward will help prepare you for your interview.  Some things to keep in mind:

• Be truthful at all times.  You can be disciplined for false or misleading statements.

• Only make statements about facts that are known to you.  Do not speculate or give hearsay information.

• Ask to clarify any question you do not completely understand.

• Give brief “yes” and “no” answers whenever possible.  “I don’t know” or “I don’t remember” are legitimate answers.

• Be formal and professional.  The TIGTA agents are not your friends and do not have your interests in mind.

• Try to remain calm.  Be courteous; control your voice, temper, and speech.

• You are allowed to take breaks.  Your steward will help you by calling breaks when appropriate.

• Confer with your steward before signing any documents.

• Remember that while you may be called as a 3rd party witness, your answers could lead to yourself becoming the subject of an investigation.

If you are the subject of an investigation and management decides that no disciplinary action is required, you are entitled to a clearance or closed without action letter within 30 days of when the case is closed.

Criminal Matters

Criminal investigations involve alleged criminal conduct.  Your job is not the only thing on the line—they are looking to charge you with a crime.  There are different types of criminal investigations/interviews.  Each type of interview entitles you to different statements of your rights.  Your steward only enjoys a quasi-privilege of confidentiality.  This means that your steward can be compelled to testify regarding anything you told him/her regarding an open criminal matter.  This is why your steward will limit your conversations about any potential criminal matter and will refer you to an attorney when appropriate.

Custodial

The agent will be placing you under arrest and you will be given the Miranda warning.  The Miranda warning gives you “the right to remain silent.”  Your steward will advise you to remain silent and seek the counsel of a criminal attorney.

Non Custodial

You are the subject of an open criminal investigation, but are not being taken into custody.  You will be given a “Beckwith” warning, which is similar to the Miranda in that you have the right to remain silent.   Your steward will again advise you to use your right to remain silent and seek the counsel of a criminal attorney.  Once you have retained an attorney, your attorney will arrange any further discussions with TIGTA or the US Attorney’s office.

Criminal Case Declined by the US Attorney

You are the subject of a criminal investigation, but your answers will not be used to prosecute you.  This usually happens when the US Attorney’s office has declined to prosecute you.  In this case, you will be given a “Kalkines” warning.  This warning is to advise you that you must answer the questions and that the answers will not be used to prosecute you, unless your answers are not truthful.  In this case, it is extremely important that you are completely truthful.

Again, it is extremely important that you rely upon your NTEU steward to represent you in any TIGTA investigation.  We are trained to assist you, protect your rights during the interview, and advise you to retain an attorney when appropriate.  Your steward will also be there to represent you if there is any resulting disciplinary action.

- This information is derived from the National Contract, and National NTEU training.