Reviewing available information. The investigator, after thoroughly reviewing the information that gave rise to the investigation, is probably ready to begin the investigation process. Discrepancies or deficiencies in the information should be noted so they can be addressed during the interviews.

Selecting an interview site. Since the investigator is conducting an official investigation, he or she should conduct as many interviews as possible in an official environment, i. e., in government work space (instead of restaurants, cars, or private homes). Privacy is the most important consideration in selection of an interview site. The investigator should guarantee that the room will be available for the entire interview, so that there is no disruption of the interview once it begins. The interview room should be comfortably furnished with as few distractions as possible.

Scheduling the interview. Depending on the circumstances of the situation, the investigator may or may not want to contact the individual in advance. In either event, the investigator should advise the individual of the general nature and purpose of the interview. If the individual declines the interview, the investigator should attempt to dissuade the individual and, if unsuccessful, ascertain and record the reasons for the declination. If the individual fails to appear more than once for the interview, the investigator should follow whatever policy has been decided upon by the company ahead of time.

Allowing the presence of additional persons. There may be instances when the investigator or the individual being interviewed wishes to have an additional person present. In cases involving bargaining unit employees, see the discussion in the next section. Investigators sometimes prefer to have a company representative present when interviewing the subject of the investigation. In any event, the investigator should follow whatever policy has been decided upon by the company ahead of time.

Adhering to the law regarding bargaining unit employees. The provisions of law set forth in 5 USC 7114 (a)( 2)( B), commonly known as "Weingarten" rights, cover any examination of a bargaining unit employee by a representative of the company in connection with an investigation. If a bargaining unit employee reasonably believes that an investigation may result in disciplinary action, and requests union representation, the company has three options:

1. Immediately terminate the interview,

2. Continue the interview with the employee's representative present, or

3. Give the employee the option of proceeding with the interview without a representative or terminating the interview.

Since interpretation of this law is very complex, consult with your labor relations specialists when faced with such situations.

Taking notes. Since watching an investigator take notes can be intimidating to some people, it is important to establish rapport before beginning to take notes. The investigator should concentrate on observing the individual during the interview. Note-taking should not unduly interfere with observation. Note-taking materials should be positioned inconspicuously and not become a focus of attention. The investigator should learn and exercise the skill of taking adequate notes while still observing the individual and without distracting the person being interviewed. In some cases, it may even be useful to have a second investigator or other official present to take notes.

Should note-taking have a materially adverse effect on the interview process, the investigator may explain the purpose of note-taking. The notes are intended for the investigator's use in preparing a report and are not a verbatim transcript of the interview. The investigator can modify or cease note-taking so long as the information can be recorded in adequate detail after the interview.

Maintaining control of the interview. Questions developed ahead of time can be memorized, but they should never be read verbatim from a list or recited in a perfunctory manner. The investigator should know in advance the topics of concern to be covered. The investigator should maintain a singleness of purpose during the interview. The investigator should resist any efforts to shorten the interview or drift from topics of concern.

Developing rapport. The investigator should have a comfortable style that projects professionalism and competence. The investigator's style should generate rapport with the person being interviewed. An open approach that conveys a willingness to communicate generally fosters rapport. Rapport is evident when the individual appears comfortable with the investigator and is willing to confide personally sensitive information. Continuing rapport can oftentimes be maintained if the investigator does not become judgmental when disagreeable conduct or information is disclosed. The investigator who can project empathy when appropriate to do so often gains special insight but, at the same time, no investigator should get personally involved with the case.

Handling hostility. If the investigator feels threatened by the individual being interviewed, the investigator should stop the interview and report the situation to the appropriate authorities.

Investigators may encounter argumentative individuals. When this type of hostility is encountered, the investigator can seek to defuse it by explaining the purpose of the interview and that the interview is a required part of the investigation. Reminding the interviewee that the investigator has full authority to conduct the interview and that the interviewee is required to cooperate may lessen the reluctance.

Recognizing and acknowledging the person's hostility and the reason for it will sometimes let both parties reach the mutual understanding that the interview will proceed (whether or not the topics under discussion are related to the hostility).

If, after repeated attempts in various ways, an individual refuses to answer a specific question, the investigator should attempt to learn the reason. The investigator should record the refusal to answer any question and the reason. If the individual wants to terminate the interview, the investigator should attempt to learn the reason and to dissuade the individual by addressing the concerns. If the individual persists, the investigator should conclude the interview.

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