I work for a local government agency.  Several members from different departments are under investigation for acts that are said to be committed.  Everyone involved has been interviewed and has been asked to submit a CVSA.  At the end of my interview, the investigator asked if I would submit to a CVSA and I stated that I didn't have an answer at this time.  He then said that under our General Order #__, you can be submitted to a CVSA during an investigation.   I informed him that I am well versed in the General Orders and I am not giving you answer till I confer with legal council.  He then said all they want to do is have people take the test so they can figure out who is telling the truth.  This shows me that they have nothing on anyone and are stretching for something.  They have now leaked out to the media that the members from my department are not cooperating with the investigation.  This investigation is still on going at this time and also under the General Order it states that all information is to me keep to the highest conditionality as permitted by the law.  But as you can see they are trying to smear us in the news.  All of our members refused to answer his question when asked about submitting to a CVSA.  I would love to here opinions on this and how to proceed further.  Thanks, MeHere     ???

MeHere,

Unfortunately, the Employee Polygraph Protection Act of 1988 includes a blanket exemption for federal, state, and local government. This law makes it illegal for a private employer to require an employee to submit to any kind of lie detector "test," including CVSA, in situations such as yours.

However, there may be applicable state, county, or municipal statutes or codes, or even a union contract, governing the use of lie detector "testing." I think it would be best for you and your co-workers to consult a local attorney experienced in labor law. If you don't know any such lawyers, Martindale's Lawyer Locator service may be helpful:

http://www.martindale.com

If you have a union representative, he/she may be able to help.

You and your colleagues will be interested to know that the "National Institute of Truth Verification," which manufactures and markets CVSA, has admitted in court that their device "is not capable of lie detection." Your inference that investigators "have nothing on anyone and are stretching for something" is likely correct.

George,

Thank you for replying to my post.  Well now they have decided to that they are going to interview everyone again that was at this incident.  No CVSA's have been given at this time.  I'm really not sure what games they are playing here, but it seems to me or anyone else they didn't get the answer they wanted the first time, so do it again until they do.  Opinions?

MeHere

That's standard investigative procedure. Keep going over it until someone, possibly, will utter a word/words different from before that will allow them to hone their questioning.

Take George's advice and talk to a labor lawyer.