Notice: OSC Policy on Legal Representation at OSC Interviews
Effective
April 15, 2002
, the Office of Special Counsel (OSC) will
require that witnesses and subjects who choose to have legal
representation at investigative interviews conducted by OSC investigators
and attorneys complete an OSC Designation of Representation form. OSC will
not permit legal counsel to be present at an OSC investigative interview
without a signed form.
As you may know, historically OSC has permitted witnesses and subjects to
have personal legal counsel present to provide advice and counsel during
OSC investigative interviews. OSC designates as “subjects” those
agency officials who recommended, initiated, approved and/or threatened to
take the personnel action(s) at issue in the investigation. Witnesses are
generally employees who have information about the matter under
investigation, but who do not have responsibility for the personnel
actions at issue. The investigator will inform the agency liaison which
employees have been identified as potential subjects in the investigation,
and will also inform the employees who have been so designated.
OSC recognizes that agencies
often make agency attorneys available to provide personal representation to
their employees at these interviews. OSC does not, however, permit agencies
to have agency counsel present at these interviews for the purpose of
representing the agency. Situations
occasionally arise in which it is not clear in what capacity agency
attorneys are serving or whose interests they are representing.
To ensure compliance with its policies, OSC is now requiring individuals who
wish to have personal legal counsel present during their OSC investigative
interviews to complete a Designation of Representation form.
A copy of this form is enclosed.
The Designation of Representation form must be completed before OSC
will permit a witness or a subject to be represented by counsel at the OSC
interview. Please note that the
attorney must also sign the form, indicating that he or she is serving as
the employee’s personal legal representative.
OSC has developed an information sheet, “Your Role in an OSC
Investigation,” to answer some of the questions most frequently asked by
agency employees who are interviewed in OSC prohibited personnel practice
and Hatch Act investigations. It also explains employees’ rights and
responsibilities in connection with OSC investigations, including OSC’s
policies with respect to representation at interviews.
OSC
investigators will provide copies of “Your Role in an OSC Investigation”
and the Designation of Representation forms to the agency liaison or point
of contact, after they have made the initial contact to inform the agency
about the investigation. Copies are also available on OSC’s web site at www.osc.gov.
(Click on “Publications.”)
|
