Archive for March, 2009

By: State Representative Barb Byrum

Two years ago, a retired police officer came to me with an idea on how to increase funding for the Michigan Law Enforcement Officers Memorial Monument Fund, a tribute to honor those in law enforcement who have been killed in the line of duty. I was particularly interested because I am married to an officer and have a great amount of respect for those in law enforcement and their families.

As a result of the plan I introduced last year, we are now able to make an income tax check-off donation toward the construction of this monument, dedicated to the men and women of law enforcement.

While you prepare your tax returns over the next few weeks, I ask that you pay particular attention to the Michigan Law Enforcement Officers Memorial Monument Fund check-off on your 4652 Form.

Every day, brave law enforcement officers put their lives on the line to keep our communities safe and the Michigan Law Enforcement Officers Memorial Monument is the least we can do to show our support and appreciation.

In recognition of fallen officers, I hope you will join me in checking the box on your Form 4652 tax return to donate $5, $10, $20, or more to construct this memorial for these brave men and women and their families.

For more information on the Michigan Law Enforcement Officers Memorial Monument Fund, please visit www.mleom.org

If I may ever be of any assistance to your or your family, please feel free to contact me.

by FRANK A. GUIDO
POAM General Counsel
1. Definition of the right:
A. When an officer is compelled (ordered under threat of discipline) to produce information (statement, report or answer to questions), the
information produced is protected from use against the officer in a criminal proceeding, if the officer invokes the protection of the Fifth Amendment.
The employer is prohibited from compelling (ordering under threat of discipline) the officer to waive assertion of the protection of the Fifth Amendment.
The information may only be used against the officer in an internal proceeding.
B. The Garrity right must be interpreted as consisting of two principles, protection for an officer and prohibition against an employer. Both
principles are triggered when compulsion occurs.

2. Compulsion triggers protection for an officer:
A. Compulsion: An employer orders an officer, under threat of discipline, to produce a statement, report or answers to questions.
B. Protection: When compulsion occurs, an officer has the constitutional right to assert the protection of the Fifth Amendment privilege against selfincrimination,
to protect the information produced from use against the officer in a criminal proceeding (paragraph 2a, Federal Court Consent Judgment
- POAM v Livingston County Sheriff, October 24, 2001).
note: When an officer invokes the protection of the Fifth Amendment, the employer may only refuse acceptance of the information provided if it
rescinds the order made under threat of discipline to produce the information, thereby removing the trigger of compulsion. Without an order and threat
of discipline existing, the officer is at liberty to refuse production of information, as no employment sanction may attach.
note: If an officer wants to protect a statement, report or answers to questions and the employer’s representative is without authority to issue an order
under threat of discipline, the officer retains the right to invoke the Fifth Amendment and to remain silent, until such time as compulsion occurs (someone
who is empowered with authority orders production of information under threat of discipline).

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