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Posted by pickky
- Mar 26, 2002, 05:10 AMI am a suspended police officer from the Commonwealth of VA. I am presently going through the later stages of what you might face if you are found to be lieing by the Polygrapher. I am still in mist of the lawsuit where my particular city violated sections C: and D: of the following VA Code. If you would like to further correspond drop me an e-mail MO_DI_FO_KA@hotmail.com. The email name is the only thing I could come up with at the time of responding to your posting so please excuse it if it offends anyone.
§ 40.1-51.4:4. Prohibition of use of polygraphs in certain employment situations.
A. As used in this section, the term "lie detector test" means any test utilizing a polygraph or any other device, mechanism or instrument which is operated, or the results of which are used or interpreted by an examiner for the purpose of purporting to assist in or enable the detection of deception, the verification of truthfulness, or the rendering of a diagnostic opinion regarding the honesty of an individual.
B. Notwithstanding the provisions of § 40.1-2.1, it shall be unlawful for any law-enforcement agency as defined in § 9.1-500 or regional jail to require any employee to submit to a lie detector test, or to discharge, demote or otherwise discriminate against any employee for refusal or failure to take a lie detector test, except that the chief executive officer of a law-enforcement agency or the superintendent of a regional jail may, by written directive, require an employee to submit to a lie detector test related to a particular internal administrative investigation concerning allegations of misconduct or criminal activity. No employee required to submit to a lie detector test shall be discharged, demoted or otherwise discriminated against solely on the basis of the results of the lie detector test.
C. Any person who believes that he has been discharged, demoted or otherwise discriminated against by any person in violation of this section may, within ninety days after such alleged violation occurs, file a complaint with the Commissioner. Upon a finding by the Commissioner of a violation of this section, the Commissioner shall order, in the event of discharge or demotion, reinstatement of such person to his former position with back pay plus interest at a rate not to exceed eight percent per annum. Such orders of the Commissioner which have become final under the Virginia Administrative Process Act (§ 2.2-4000 et seq.) may be recorded, enforced and satisfied as orders or decrees of a circuit court upon certification of such orders by the Commissioner. The Commissioner, or his authorized representative, shall have the right to petition circuit court for injunctive or such other relief as may be necessary for enforcement of this section. No fees or costs shall be charged the Commonwealth by a court or any officer for or in connection with the filing of the complaint, pleadings, or other papers in any action authorized by this section.
D. The analysis of any polygraph test charts produced during any polygraph examination administered to a party or witness shall not be submitted, referenced, referred to, offered or presented in any manner in any proceeding conducted pursuant to Chapter 10 (§ 2.2-1000 et seq.) of Title 2.2 or conducted by any county, city or town except as to disciplinary or other actions taken against a polygrapher.
(1994, c. 561; 1998, c. 140; 2000, cc. 585, 591.)
§ 40.1-51.4:4. Prohibition of use of polygraphs in certain employment situations.
A. As used in this section, the term "lie detector test" means any test utilizing a polygraph or any other device, mechanism or instrument which is operated, or the results of which are used or interpreted by an examiner for the purpose of purporting to assist in or enable the detection of deception, the verification of truthfulness, or the rendering of a diagnostic opinion regarding the honesty of an individual.
B. Notwithstanding the provisions of § 40.1-2.1, it shall be unlawful for any law-enforcement agency as defined in § 9.1-500 or regional jail to require any employee to submit to a lie detector test, or to discharge, demote or otherwise discriminate against any employee for refusal or failure to take a lie detector test, except that the chief executive officer of a law-enforcement agency or the superintendent of a regional jail may, by written directive, require an employee to submit to a lie detector test related to a particular internal administrative investigation concerning allegations of misconduct or criminal activity. No employee required to submit to a lie detector test shall be discharged, demoted or otherwise discriminated against solely on the basis of the results of the lie detector test.
C. Any person who believes that he has been discharged, demoted or otherwise discriminated against by any person in violation of this section may, within ninety days after such alleged violation occurs, file a complaint with the Commissioner. Upon a finding by the Commissioner of a violation of this section, the Commissioner shall order, in the event of discharge or demotion, reinstatement of such person to his former position with back pay plus interest at a rate not to exceed eight percent per annum. Such orders of the Commissioner which have become final under the Virginia Administrative Process Act (§ 2.2-4000 et seq.) may be recorded, enforced and satisfied as orders or decrees of a circuit court upon certification of such orders by the Commissioner. The Commissioner, or his authorized representative, shall have the right to petition circuit court for injunctive or such other relief as may be necessary for enforcement of this section. No fees or costs shall be charged the Commonwealth by a court or any officer for or in connection with the filing of the complaint, pleadings, or other papers in any action authorized by this section.
D. The analysis of any polygraph test charts produced during any polygraph examination administered to a party or witness shall not be submitted, referenced, referred to, offered or presented in any manner in any proceeding conducted pursuant to Chapter 10 (§ 2.2-1000 et seq.) of Title 2.2 or conducted by any county, city or town except as to disciplinary or other actions taken against a polygrapher.
(1994, c. 561; 1998, c. 140; 2000, cc. 585, 591.)
Quote from: Concerned Officer on Feb 07, 2002, 07:25 PM
I am a police officer in the state of Virginia and am have been told that I may have to take a polygraph for an internal Affairs investigation. I know by state legislation that as a law enforcement officer I can be ordered to take it and have no choice. I was wondering if anyone was aware of any caselaw or anything that it can be used as evidence against me, or is this a case like criminal court where it can't be used without everyone agreeing to it? I've read the "Lie behind" and know what to do , but I'm still worried.
Posted by George W. Maschke
- Feb 07, 2002, 08:03 PMConcerned Officer,
I'm not familiar with Virginia case law in this regard, but you might wish to contact the officers of the Virginia Coalition of Police and Deputy Sheriffs (Virginia COPS). This organization of law enforcement officers in your state has taken a public position against polygraphy. I don't know him personally, but General Counsel Michael T. Leibig might be a good person with whom to speak.
I'm not familiar with Virginia case law in this regard, but you might wish to contact the officers of the Virginia Coalition of Police and Deputy Sheriffs (Virginia COPS). This organization of law enforcement officers in your state has taken a public position against polygraphy. I don't know him personally, but General Counsel Michael T. Leibig might be a good person with whom to speak.
Posted by Concerned Officer
- Feb 07, 2002, 07:25 PMI am a police officer in the state of Virginia and am have been told that I may have to take a polygraph for an internal Affairs investigation. I know by state legislation that as a law enforcement officer I can be ordered to take it and have no choice. I was wondering if anyone was aware of any caselaw or anything that it can be used as evidence against me, or is this a case like criminal court where it can't be used without everyone agreeing to it? I've read the "Lie behind" and know what to do , but I'm still worried.