Marc Fishel will present at OHPERLA’s Fall Program, offering guidance on public sector investigations and discipline. This training session is open to members and non-members of the Ohio Public Employer Relations Association (OHPELRA). To register, go to https://www.ohpelra.org/.

Dublin Community Recreation Center

5600 Post Rd. Dublin, OH 43017

9:00-9:30 am     Registration & Continental Breakfast

9:30-11:45 am   Session 1: Deciding That You Need an Investigation: What kinds of events or issues trigger the need to conduct an investigation?

• First questions to consider: Who, what, and how?
• Nature of the issue: administrative/disciplinary, criminal, or both?
• When a criminal issue may be present, how do you handle Garrity?
• Tips, cautions, and twists on using Garrity.
• Examples of Garrity notices and other investigatory notices.

Session 2: How Do You Start the Investigation?

• Preserving independence.
• Defining the scope—flexibly.
• Planning the “road map.”
• Conducting the interview.
• Target interviews vs. bystander interviews.
• Weingarten representation rules: when required? Permitted?
• What the union representative or attorney can and can’t do.
• Issues for the interview itself.

11:45-12:30 pm Lunch Provided

12:30-3:00 pm   Session 3: What Comes Next?

• Role of the investigator working with outside counsel.
• When is the report privileged? Public records issues—report and notes.
• Moving forward with discipline.
• Role of pre-disciplinary hearing?
• Review of just cause standard?
• How the investigation fits in with arbitration.

Session 4: Investigation Case Studies and Audience Questions