Monterey County 34D23

PUBLIC DEFENDER INVESTIGATOR II

DEFINITION Under direction, performs skilled investigative work involving sensitive and /or difficult cases referred to the Public Defender’s Office where criminal action is involved or suspected; performs related work as required.

DISTINGUISHING CHARACTERISTICS This is the full working level class in the Public Defender Investigator series. Incumbents independently conduct investigations of the more complex and sensitive misdemeanor and felony cases referred to the Public Defender’s Office, such as murder cases. Incumbents must possess a working knowledge of pertinent laws, regulations, court procedures, and departmental policies.

Public Defender Investigator II is distinguished from the lower Public Defender Investigator I class in that the latter is the entry level class, is generally assigned routine cases, and performs duties under closer supervision. The Public Defender Investigator II class is distinguished from the next higher class of Public Defender Investigator III in that the latter performs highly specialized investigatory duties for the most complex, sensitive, and/or difficult criminal cases that have significant legal implications and/or high degree of publicity, and may also function in a lead capacity.

This class is further distinguished from other investigative classes in that it does not have peace officer status and has no special powers of arrest or access to confidential law enforcement records.

EXAMPLES OF DUTIES Nothing in this specification restricts management’s right to assign or reassign duties and responsibilities to this job at any time. 1. Independently performs complex and sensitive investigations of misdemeanor and felony cases. 2. Evaluates various types of evidence and advises attorneys in investigative procedures and techniques, physical evidence matters, and information sources. 3. Assists attorneys in the preparation and presentation of defense evidence and testimony. 4. Locates and interviews defendants, complainants, and witnesses; interviews police and other public agencies, and others who may have official or professional information relevant to a legal defense. Confers with the attorneys on the reliability and credibility of witnesses; helps prepare witness testimony. 5. Locates and serves subpoenas for court appearances of defense witnesses. 6. Makes arrangements or transports witnesses to and from court or to court-ordered programs; arranges travel and lodging needs for out-of-county witnesses; attends to appropriate witness fee payments. 7. Locates, obtains, evaluates, and preserves documentary evidence from a variety of sources. 8. Uses special equipment - sound intercepting and recording devices, photographic equipment, and chemicals. 9. Prepares and provides oral and written reports and correspondence regarding investigation performed, contacts made, physical evidence found, which includes statements, scene descriptions, and analysis of physical evidence. 10. Examines and diagrams all necessary measurements at crime scenes. 11. Gathers, marks, records, and preserves physical evidence; determines the importance and relevance of the evidence in investigations. 12. Operates and maintains a variety of photographic, tape, graphic, and projection equipment. Photographs crime scenes, clients’ injuries for use as evidence in cases, and prepares photographic line-ups for witness review. Public Defender Investigator II Page 2 of 4

13. Reviews police dispatch tapes to determine pertinent and relevant case information, copies dispatch tapes for trial, further investigation, and/or experts. 14. Searches computer resources. 15. May testify in court regarding facts established by investigations or as an expert investigative witness. 16. Establishes and maintains informant contacts to develop information relevant to cases. 17. Conducts surveillance stakeouts as necessary. 18. Performs related work as required.

QUALIFICATIONS A combination of experience, education, and/or training which substantially demonstrates the following knowledge, skills and abilities: Knowledge and Skills: Thorough knowledge of principles, methods, and techniques of criminal investigations, including gathering, preserving, and presenting evidence, basic identification techniques, and methods of operation. Working Knowledge of: 1. Laboratory procedures, methods, and uses of scientific investigative equipment and analysis incident to the investigation of crimes. 2. Investigative methods applied in the penalty phase of capital offense cases. 3. Criminal law, including the laws of arrest, search and seizure, subpoena service, rules of evidence, rules and regulations regarding juveniles, laws, regulations, and procedures regarding conservatorship, custody, and mental health proceedings, and courtroom procedures in felony, misdemeanor, and juvenile court or jury trial matters. 4. Basic psychological principles, interviewing techniques, and interrogating witnesses of varied socio- economic and cultural backgrounds, and mentally deficient clients. 5. Current technology and trends in the profession. 6. Telephone, office, and online etiquette. 7. Location of and means to obtain information, evidence, records, and reports, including the use of skip tracing techniques. 8. Techniques employed in diagramming and making demonstrative evidence to be presented in court. 9. Various firearms, including identification, use, firepower, and ballistic patterns for the purpose of investigating cases involving the discharge of firearms. 10. Mental defenses to a crime such as diminished capacity and legal insanity. Skill and Ability to: 1. Gather, assemble, analyze, and evaluate facts and evidence to draw logical conclusions and to formulate sound recommendations. Be objective in fact finding. 2. Determine priorities and importance of various types of evidence. 3. Effectively communicate in oral and written form by preparing, reviewing, and evaluating comprehensive reports on investigations. 4. Obtain information through interviews. 5. Work effectively with minimum supervision. 6. Communicate clearly, concisely, calmly, respectfully, effectively, and diplomatically in dealing with clients, management, other employees, subordinates, professionals from other agencies, and the public from diverse cultures and backgrounds. 7. May be required to communicate effectively in Spanish. 8. Maintain effective audio-visual discrimination and perception needed for making observations, communicating with others, and reading and writing. 9. Maintain mental capacity, which allows the ability of making sound decisions and demonstrating intellectual capabilities. 10. Exercise good judgment and tact in dealing with sensitive cases.

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11. Develop demonstrative evidence for use in court, such as diagrams, charts, and photographs. 12. Testify in court in a direct, clear, and concise manner. 13. Read and comprehend legal material. 14. Deal effectively with various levels of government, law enforcement agencies, judicial groups, and individuals. 15. Recognize potentially hostile situations; adapt to many different environments; function calmly in situations which require a high degree of sensitivity, tact, and diplomacy. 16. Provide prompt, efficient, and responsive service to management, the attorneys, and/or the clients. 17. Exercise appropriate judgment in answering questions and releasing information; analyze and project consequences of decisions and/or recommendations. 18. Establish and maintain effective working relationships with employees, other criminal justice agencies, courts, and the public. 19. Use laptop and personal computers, word processing programs, and access the internet; learn computer programs and databases; use computer presentation software. 20. Use film and digital photographic equipment; use measuring devices; draw diagrams to scale; operate various scientific investigation equipment.

REQUIRED CONDITIONS OF EMPLOYMENT As a condition of employment, the incumbent will be required to possess and maintain a valid California Class C driver’s license, or the ability to arrange necessary and timely transportation for field travel. Employees in this class may be required to use their own vehicle to be later reimbursed at the prevailing IRS rate. Employees who drive on county business to carry out job-related duties require mandatory yearly review of recent DMV history. • Possession of a California Private Investigator license is highly recommended. • Spanish language communication, both oral and written, may be necessary for this position.

EXAMPLES OF EXPERIENCE/EDUCATION/TRAINING Any combination of training, education and/or experience which provides the knowledge, skills and abilities and required conditions of employment listed above is qualifying. An example of a way these requirements might be acquired is: Experience • Two years of experience performing duties comparable to the Monterey County Public Defender Investigator I class that included investigation of felony and misdemeanor cases referred to the Public Defender’s Office; or Two years of experience as a law enforcement officer that included the investigation of suspected criminal activities.

• Work experience, continuing education in the field of criminal investigations, participation in statewide criminal defense investigator groups, and a California Private Investigator license may be considered in evaluating equivalent experience.

PHYSICAL AND SENSORY REQUIREMENTS The physical and sensory abilities required for this classification include: 1. Continuous upward and downward flexion of the neck. 2. Frequent sitting; sitting for extended periods of time such as in surveillance settings. 3. Repetitive use of hands to operate computers, printers, and copiers. 4. Occasional walking, standing, bending. 5. Bending and twisting of waist.

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6. Squatting, simple grasping, reaching above and below shoulder level, and lifting and carrying files weighing up to 20 pounds. 7. Typical office exposure to computer screens. 8. Walking long distances to reach crime scenes. 9. Climbing in difficult terrain. 10. Exerting quick physical actions such as running. 11. Vision and hearing sufficient to function well in both office and surveillance settings.

CLASS HISTORY CLASS DATA Class Code: 34D23 Job Group: 13 Established Date: June 6, 1990 EEO Category: PP Revised Date: September, 2012 Work Comp. Code: 9410 Former Title: Bargaining/Employee Unit: J FLSA: N

Prepared by: Don Landis, Assistant Public Defender Gerta McClay, Senior Personnel Analyst

Approved by:

/s/ Kim Moore Human Resources Department

12/18/13 Date

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