CRITICAL INCIDENTS
After any threats to safety are over, first aid has been rendered, and the initial scene is secure, a supervisor may ask you basic questions in order to locate suspects, witnesses, victims, and evidence. These questions should only focus on immediate public safety and scene management needs. It is appropriate to answer these basic questions, but we recommend against giving any other statements before speaking to your lawyer.
A link to the full CIRT protocol (for the 8th Judicial District) is below.
A link to the full CIRT protocol (for the 8th Judicial District) is below.
| 2022 8th Judicial District CIRT Protocol |
Legal Defense (On-Duty)
As a FOP Lodge 3 member, your dues cover legal defense for many circumstances. When in doubt, contact a lawyer and/or your FOP representative.
KNOW YOUR GARRITY RIGHTS
DO NOT MAKE A STATEMENT WITHOUT AN ORDER FROM YOUR DEPARTMENT.
DO NOT REFUSE to make a statement/report if ordered to do so even if the agency refuses to comply with your administrative rights or you will be subject to termination for insubordination. BUT CONFIRM that you have been ORDERED to make the statement/report. If you can, get the order to make a statement on recording. If you are advised of your Miranda rights, you DO NOT have to make a statement and should assert your right to speak with an attorney before doing so. Make sure you clarify whether you are being ORDERED to give a statement under Garrity or whether you are being ASKED to give a statement under Miranda. If you are not ordered to make a statement/report, DO NOT do or say anything until you have consulted with your FOP attorney.
THE GARRITY STATEMENT
This statement may vary depending on your department and how their advisement is written. The most important thing is that you are on record confirming that you are being ordered/compelled to provide a statement pursuant to Garrity.
On (date), (time) at (Location), I, (Name), was ordered to make this statement/report by (Name and rank). I submit this statement/report at his/her order as a condition of my employment and upon pain of discipline/termination. I demand a representative/attorney be present before proceeding with any interview or writing any report. I hereby invoke my rights under Garrity v. New Jersey, 385 U.S. 493 (1967) and Spevack v. Klein, 385 U.S. 551 (1956)
It is my belief and understanding that this report/statement is for internal purposes and will not and cannot be used against me in any subsequent proceeding.
This statement/report is made to the best of my memory, knowledge, and belief. I reserve the right to amend or change this statement to correct or explain any unintended mistake, conflict, or contradiction, without subjecting myself to a charge of untruthfulness and demand the opportunity, before this matter is concluded, to review any and all evidence in this matter, including, without limitation, the statements and reports made by others.
For any and all other purposes, I hereby invoke my constitutional right to remain silent and to consult with an attorney pursuant to the Sixth, Fifth, and Fourteenth Amendments to the U.S. Constitution and any other rights prescribed by law.
Other Case Law to be Aware of
Weingarten
Whenever being questioned administratively or even casually by a supervisor (as opposed to during a criminal investigation), a member must request a representative be present anytime the member subjectively believes that answering management’s questions could lead to disciplinary action. Management does not have to advise the member of the right to a representative unless a collective bargaining agreement requires management to advise the member of the right to representation.
Loudermill
Public employees are entitled to due process before being terminated, which includes notice of the charges against them and an opportunity to respond. Members have a right to a fair hearing before being dismissed or the imposition of significant discipline. Members cannot be terminated without being informed of the reasons and given a chance to present their side, providing essential protection against arbitrary or unjust termination.
DO NOT MAKE A STATEMENT WITHOUT AN ORDER FROM YOUR DEPARTMENT.
DO NOT REFUSE to make a statement/report if ordered to do so even if the agency refuses to comply with your administrative rights or you will be subject to termination for insubordination. BUT CONFIRM that you have been ORDERED to make the statement/report. If you can, get the order to make a statement on recording. If you are advised of your Miranda rights, you DO NOT have to make a statement and should assert your right to speak with an attorney before doing so. Make sure you clarify whether you are being ORDERED to give a statement under Garrity or whether you are being ASKED to give a statement under Miranda. If you are not ordered to make a statement/report, DO NOT do or say anything until you have consulted with your FOP attorney.
THE GARRITY STATEMENT
This statement may vary depending on your department and how their advisement is written. The most important thing is that you are on record confirming that you are being ordered/compelled to provide a statement pursuant to Garrity.
On (date), (time) at (Location), I, (Name), was ordered to make this statement/report by (Name and rank). I submit this statement/report at his/her order as a condition of my employment and upon pain of discipline/termination. I demand a representative/attorney be present before proceeding with any interview or writing any report. I hereby invoke my rights under Garrity v. New Jersey, 385 U.S. 493 (1967) and Spevack v. Klein, 385 U.S. 551 (1956)
It is my belief and understanding that this report/statement is for internal purposes and will not and cannot be used against me in any subsequent proceeding.
This statement/report is made to the best of my memory, knowledge, and belief. I reserve the right to amend or change this statement to correct or explain any unintended mistake, conflict, or contradiction, without subjecting myself to a charge of untruthfulness and demand the opportunity, before this matter is concluded, to review any and all evidence in this matter, including, without limitation, the statements and reports made by others.
For any and all other purposes, I hereby invoke my constitutional right to remain silent and to consult with an attorney pursuant to the Sixth, Fifth, and Fourteenth Amendments to the U.S. Constitution and any other rights prescribed by law.
Other Case Law to be Aware of
Weingarten
Whenever being questioned administratively or even casually by a supervisor (as opposed to during a criminal investigation), a member must request a representative be present anytime the member subjectively believes that answering management’s questions could lead to disciplinary action. Management does not have to advise the member of the right to a representative unless a collective bargaining agreement requires management to advise the member of the right to representation.
Loudermill
Public employees are entitled to due process before being terminated, which includes notice of the charges against them and an opportunity to respond. Members have a right to a fair hearing before being dismissed or the imposition of significant discipline. Members cannot be terminated without being informed of the reasons and given a chance to present their side, providing essential protection against arbitrary or unjust termination.
Off-Duty / Non-Duty Legal Plan
FOP Lodge 3 members have coverage under this plan as part of your dues. This plan is separate from the on-duty plan. This plan covers criminal defense (amongst other things) for incidents not related to incidents on duty. You should always assert your right to speak to an attorney before giving any statements to law enforcement.
Lodge Information
See the links at the top of this page for information about your Northern Colorado FOP lodge.
If you need to reach someone, start with your agency trustee (or FOP representative). If that is not an option or you need to reach the lodge directly, email us at [email protected]
If you need to reach someone, start with your agency trustee (or FOP representative). If that is not an option or you need to reach the lodge directly, email us at [email protected]
Meetings
The lodge holds meeting regularly. Dates and times are generally announced via email to members.
Click the button below to go to the meeting page.
Click the button below to go to the meeting page.
Collective Bargaining
Certain members within the lodge are part of the collective bargaining agreements with their agency which are negotiated on a regular basis.
Fort Collins Police Services Collective Bargaining Unit (CBU) contract is linked below.
Fort Collins Police Services Collective Bargaining Unit (CBU) contract is linked below.
| 2022-2024 FCPS Collective Bargaining Agreement |
Benevolent Fund
Lodge 3 has a separate 501(c)(3) nonprofit Benevolent Fund to help first responders in need. This is funded through donations and fundraiser events. Visit the website below to learn more.
Mental Health and Wellness Services
Mental health and wellness remain a priority for the FOP at all levels. There are services available for those in need and part of your FOP membership. See the links below.
