38-1135. Probation officers as witnesses; right to representation

A. If a probation officer is designated as a witness by the probation officer's employer in an investigation that could lead to another probation officer's dismissal, demotion or suspension, the witness probation officer may request to have a representative present at no cost to the employer during the witness interview. Unless agreed to by the employer, the representative shall be from the same agency and shall not be an attorney except that if a representative from the same agency is not reasonably available, with the employer's permission, the witness probation officer's representative may be from the witness probation officer's professional membership organization.

B. The witness probation officer shall answer all questions asked by the probation officer's department investigator. Any information learned during a witness interview is considered proprietary and confidential by the employer and shall remain so until the witness probation officer is served with a notice of investigation by the employer or the witness probation officer is released from the confidentiality requirements of this section.

C. The witness probation officer may discuss the probation officer's witness interview with the witness probation officer's representative or that representative's legal counsel. If the witness probation officer or the witness probation officer's representative releases information without authorization, the employer may subject the witness probation officer or the witness probation officer's representative to disciplinary action.