Lybarger Admonishment
The purpose of this admonishment is to protect you from any criminal action that might be brought against you based on the results of statements that you made under threats of punishment. This admonishment will protect you from criminal and most civil actions only, not administrative action.
Always consult with an Association representative/lawyer before responding to any report, letter, memo, and/or questions concerning an investigation that could possibly lead to punitive action. If ordered to do so without a representative, read the following and ask that it be recorded:
Non-waiver Statement
“I have been refused the right to have a representative of my choice.”
“I understand that I am being ordered to make a report or answer questions and that if I do not comply with the order, I may be disciplined for insubordination. Therefore, I have no alternative but to abide by the order. However, by so doing, I do not waive my Constitutional rights to remain silent under the Fifth and Fourteenth Amendments to the United States Constitution, under the protections of the California Constitution, and the protections afforded me under case law.”
Peace Officer
Bill of Rights
As a Park Ranger defined in 830.31(b), you are entitled to the following rights:
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You have a right not to be subjected to punitive action, or be denied promotion, or be threatened in any such treatment, because of the lawful exercise of your rights granted under Govt. Code 3300, or the exercise of any rights under any existing administrative grievance procedure.
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You have a right to have any interrogation conducted at a reasonable hour, with a representative of your own choosing present, preferably at a time when you are on duty, or during your normal waking hours, unless the seriousness of the investigation requires otherwise.
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You have a right to be compensated for time spent in interrogation that are conducted in your off duty hours.
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You have the right to be informed of the name and rank and command of the officer in charge of an interrogation, in advance of the interrogation.
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You have the right to have all questions directed to you under interrogation through no more than two interrogators at one time.
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You have a right to have the interrogating session limited to a reasonable period, taking into consideration the gravity and complexity of the issue being investigated.
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You have a right, during interrogations, to be allowed to attend to your own personal physical necessities.
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You have the right to administratively appeal any punitive action against you.
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You have the right to review and comment on any adverse material before it is placed into your personnel file.
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You have the right to engage in Political Activity off duty and out of uniform.