Hello all,

A member would like to query the membership whether their attorneys record witness interviews with their municipal employee witnesses, particularly in employment actions. If your municipality has considered it and rejected it, they would like to know why. If your municipality does record interviews, they would like to know whether the municipality has faced a discovery request for those interviews and how any court proceedings have come out on that issue.

If you can share information on this, please send it to me at rarneja@imla.orgmailto:rarneja@imla.org and I’ll pass it along.

Thank you,

[cid:318d3436-aedc-4efe-8264-c65c10b994ed]

Hello,
Generally speaking, I am in favor of recording interviews.  I present the employee with a consent form, which they either sign at the consent line or the do not consent line.  I prefer interviewing because I think it gets over the whole "who said what" dispute.  Further if the witness does not want to record and a discrepancy does arise, I think the party that offered to record the interview has a credibility factor in their favor.
Yes, I am sure there have been times the interviews were requested in discovery.  Because it is factual information, I think it is discoverable.

From: Ravinder Arneja via Counties counties@lists.imla.org
Sent: Wednesday, February 28, 2024 12:35 PM
To: counties@lists.imla.org; cityattorneys@lists.imla.org; employlaw@lists.imla.org
Subject: [Counties] Recording Witness Interviews

CAUTION: This email originated from an external email domain which carries the additional risk that it may be a phishing email and/or contain malware.

Hello all,

A member would like to query the membership whether their attorneys record witness interviews with their municipal employee witnesses, particularly in employment actions. If your municipality has considered it and rejected it, they would like to know why. If your municipality does record interviews, they would like to know whether the municipality has faced a discovery request for those interviews and how any court proceedings have come out on that issue.

If you can share information on this, please send it to me at rarneja@imla.orgmailto:rarneja@imla.org and I'll pass it along.

Thank you,

[cid:image001.png@01DA6A66.50952110]

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