‘Police, firefighters who refuse lie detector can be terminated’

Department of Public Safety’s police officers and firemen who refuse to undergo a lie detector test can be suspended and then terminated, according to veteran trial attorney Michael W. Dotts yesterday.

As this developed, Elbert Quitugua, grandfather of the missing sisters Faloma and Maleina Luhk, again appealed to the person or persons who may be holding the girls to release the children.

Last week, DPS Commissioner Ramon Mafnas confirmed that a DPS employee refused to undergo a lie detector test as part of the investigation into the girls’ disappearance.

Sources said the DPS employee is somehow “related” to the missing girls.

Asked for a legal expert’s opinion about the lie detector test, Dotts said the U.S. and the CNMI constitutions both ensure that a person cannot be compelled to testify against themselves and therefore can refuse to answer a question that might incriminate themselves in a crime.

“A statement to law enforcement personnel while attached to a lie detector machine would qualify for this protection,” Dotts said.

However, the lawyer said, if the DPS personnel were granted immunity from prosecution by the Attorney General then they could be compelled to answer questions.

“Granting immunity would mean that if the police officer then confessed to a crime he could not be prosecuted and that may be too high a price to pay to get his answers,” Dotts said.

He said DPS can legally suspend and then terminate a police officer or firefighter who refuses to take a lie detector test.

Dotts said if the DPS staff member is not a police officer or firefighter, then it might not be possible to discipline the employee for refusing to take the lie detector test.

“There are a lot of cases that have looked at this issue but the general rule is that employees who deal with public safety (police officers and firemen) can be required to take lie detector test as a condition of continued employment, and fired if they refuse,” he said.

The lawyer pointed out that police officers and other employees who deal with law enforcement are often treated harsher by the law when they break the law or are suspected of breaking the law.

Dotts said the reason is that people look to police officers as role models and people rely on their honesty and integrity.

“When they break the law they are punished more severely to ensure public confidence remains,” he said.

As a consequence for refusing to undergo lie detector test, police officers or firefighters could loose their job and that may affect their retirement benefits.

The police officer or firefighter, Dotts said, could file a civil rights action for wrongful termination against DPS if fired but the police officer or firefighter would likely loose because of the general rule.

Asked by Saipan Tribune about the DPS personnel’s reported refusal to undergo lie detector test, Elbert Quitugua said he does not want to comment anymore about the issue.

Quitugua instead appealed to anyone who has information about his grandchildren to come forward and call them or the authorities.

Ten-year-old Faloma and the 9-year-old Maleina have been missing in As Teo since May 25.