Department of Public Safety & Correctional Services v. Shockley

MURPHY, Chief Judge.

This appeal from the Circuit Court for Somerset County involves the conflict between a public employer’s right to insist that its employees answer questions relating to their fitness for public service and the employees’ right to assert the privilege against self-incrimination. The Department of Public Safety and Correctional Services (“Department”), appellant, asks us to hold that it was entitled to discipline a correctional officer who refused to cooperate in an investigation of his off duty activities. Appellant presents two questions for our review:

I. Did the…