Is Public Employee's Statement to Inspector General in Investigation a 'Compelled Statement' That May Not Be Used in Criminal Prosecution?
If Refusal To Answer Questions Potentially Punishable by Employee's Firing
State of Ohio v. David Graham et al., Case no. 2012-0338
Twelfth District Court of Appeals (Brown County)
ISSUE: When an employee of a state agency is questioned under oath by the Ohio Inspector General's Office as part of an investigation of a suspected violation of law or administrative rules, and termination of employment is a possible sanction the employing agency could impose if the employee fails to fully and truthfully respond to questions posed by the inspector general, are the employee's statements to the inspector general "compelled" statements under the U.S. Supreme Court's decisions in Garrity v. New Jersey and Kastigar v. U.S., rendering information obtained through those statements inadmissible in a subsequent criminal proceeding against the employee?