Common use of Administrative Misconduct Interviews Clause in Contracts

Administrative Misconduct Interviews. 1. The OPA shall conduct in-person interviews of the named employee and any member of the Guild’s bargaining unit who has been determined to be a witness. Named and witness employee interviews shall be conducted in conformance with the Bill of Rights and all legal and constitutional protections and requirements. For the sole and exclusive purpose of determining whether or not an employee was a witness to an event or incident that is the subject of a complaint, the employee may be required to submit within five days of receipt a written response to questions provided to the employee in writing by the OPA. 2. At least five (5) calendar days and no more than thirty (30) days prior to the interview, the OPA shall provide notice to the Guild and the employee being interviewed. The Chief of Police, or Acting Chief of Police in the event the Chief is unavailable, may determine that notice of not less than one (1) calendar day is appropriate for interviews in a specific case due to exigent circumstances. The notice shall include all notice required by Article 3.12 of this Agreement, shall advise the employee of his/her right to representation by the Guild during the interview, and shall include the subject matter(s) about which the employee will be questioned. The classification report shall be provided together with the notice of the interview, if the classification report has not been previously provided to the employee. 3. If, during the course of the interview, the OPA believes that the employee’s answers raise the possibility that the employee engaged in misconduct unrelated to the original inquiry, the OPA may continue the interview in the new area after providing the employee with the notice required in 3.6F(2), unless otherwise agreed by the OPA, the Guild and the employee. 4. The Guild will be allowed reasonable on-duty release time for a Guild Board member or shop xxxxxxx to provide representation requested by the employee during the questioning. 5. Persons in attendance at OPA interviews will be limited to the employee, the employee’s Guild representative and/or attorney (no more than two (2) persons), the OPA investigator(s) assigned to the case and the OPA Director and/or Lieutenants and Captain, or the civilian positions that replace the Lieutenants and Captain in OPA, (no more than three (3) persons), and a court reporter or stenographer, if requested. An OIG representative may attend interviews as a neutral observer. OIG will make a good faith effort to provide the Guild and OPA at least three (3) days notice when an OIG representative will be in attendance at any interview, unless such notice would be inconsistent with the duties of the OIG. 6. All interviews shall be digitally audio recorded and transcribed unless the employee objects. Interviews that are not digitally audio recording for transcription by OPA shall be recorded by a court reporter or stenographer. The employee and/or entity requesting a court reporter or stenographer shall pay all appearance fees and transcription costs assessed by the court reporter or stenographer and shall make available to the other party an opportunity to obtain a copy of any transcription. 7. If the interview is digitally audio recorded by the OPA, the employee and/or the Guild shall have the right to make an independent digital audio recording of the interview, a copy of which shall be made available to the OPA upon request. The OPA shall provide the Guild a copy of the transcript of the digital audio recording made by OPA at no cost within five (5) days after completion of the transcription. If there is a follow-up interview, the transcript shall be provided, if requested, and shall be provided to SPOG at least five (5) days prior to the follow- up interview.

Administrative Misconduct Interviews. 1. The OPA DepartmentOPA shall conduct in-person interviews of the named employee and any member of the Guild’s bargaining unit who has been determined to be a witness. Named and witness employee interviews shall be conducted in conformance with the Bill of Rights and all legal and constitutional protections and requirements. For the sole and exclusive purpose of determining whether or not an employee was a witness to an event or incident that is the subject of a complaint, the employee may be required to submit within five days of receipt a written response to questions provided to the employee in writing by the OPAOPADepartment. 2. At least five (5) calendar days and no more than thirty (30) days prior to the interview, the OPA OPADepartment shall provide notice to the Guild and the employee being interviewed. The Chief of Police, or Acting Chief of Police in the event the Chief is unavailable, may determine that notice of not less than one (1) calendar day is appropriate for Seattle Police Officers’ Guild 18 Effective through December 31, 2014 2020 interviews in a specific case due to exigent circumstances. The notice shall include all notice required by Article 3.12 3. 12 Appendix D of this Agreement, shall advise the employee of his/her right to representation by the Guild during the interview, and shall include the subject matter(s) about which the employee will be questioned. The classification report shall be provided together with the notice of the interview, if the classification report has not been previously provided to the employee. 3. If, during the course of the interview, the OPA OPADepartment believes that the employee’s answers raise the possibility that the employee engaged in misconduct unrelated to the original inquiry, the OPA OPADepartment may continue the interview in the new area after providing the employee with the notice required in 3.6F(2), unless otherwise agreed by the OPAOPADepartment, the Guild and the employee. 4. The Guild will be allowed reasonable on-duty release time for a Guild Board member or shop xxxxxxx to provide representation requested by the employee during the questioning. 5. Persons in attendance at OPA interviews will be limited to the employee, the employee’s Guild representative and/or attorney (no more than two (2) persons), the OPA OPAIIS investigator(s) assigned to the case and one IIS command staff member the OPA Director and/or Lieutenants and Captain, or the civilian positions that replace the Lieutenants and Captain in OPA, (no more than three (3) persons), and a court reporter or stenographer, if requested. An OIG representative may attend interviews as a neutral observer. OIG will make a good faith effort to provide the Guild and OPA at least three (3) days notice when an OIG representative will be in attendance at any interview, unless such notice would be inconsistent with the duties of the OIG. 6. All interviews shall be digitally audio audiotape recorded and transcribed unless the employee objects. Interviews that are not digitally audio recording audiotape recordinged for transcription by OPA XXXXXX shall be recorded by a court reporter or stenographer. The employee and/or entity requesting a court reporter or stenographer shall pay all appearance fees and transcription costs assessed by the court reporter or stenographer and shall make available to the other party an opportunity to obtain a copy of any transcription. 7. If the interview is digitally audio audiotape recorded by the OPAOPADepartment, the employee and/or the Guild shall have the right to make an independent digital audio audiotape recording of the interview, a copy of which shall be made available to the OPA OPADepartment upon request. Seattle Police Officers’ Guild 19 Effective through December 31, 2014 2020 The OPA Department shall provide the Guild a copy of the transcript of the digital audio audiotape recording made by OPA OPAIIS at no cost within five (5) ten days after completion of the transcription. If transcription.interview; if there is a follow-up interview, the transcript shall be provided, if requested, and shall be provided to SPOG at least five (5) days prior to the follow- follow-up interview.

Administrative Misconduct Interviews. 1. The OPA Department shall conduct in-person interviews of the named employee and any member of the Guild’s bargaining unit who has been determined to be a witness. Named and witness employee interviews shall be conducted in conformance with the Bill Xxxx of Rights and all legal and constitutional protections and requirements. For the sole and exclusive purpose of determining whether or not an employee was a witness to an event or incident that is the subject of a complaint, the employee may be required to submit within five days of receipt a written response to questions provided to the employee in writing by the OPADepartment. 2. At least five (5) calendar days and no more than thirty (30) days prior to the interview, the OPA Department shall provide notice to the Guild and the employee being interviewed. The Chief of Police, or Acting Chief of Police in the event the Chief is unavailable, may determine that notice of not less than one (1) calendar day is appropriate for interviews in a specific case due to exigent circumstances. The notice shall include all notice required by Article 3.12 Appendix D of this Agreement, shall advise the employee of his/her right to representation by the Guild during the interview, and shall include the subject matter(s) about which the employee will be questioned. The classification report shall be provided together with the notice of the interview, if the classification report has not been previously provided to the employee. 3. If, during the course of the interview, the OPA Department believes that the employee’s answers raise the possibility that the employee engaged in misconduct unrelated to the original inquiry, the OPA Department may continue the interview in the new area after providing the employee with the notice required in 3.6F(2), unless otherwise agreed by the OPADepartment, the Guild and the employee. 4. The Guild will be allowed reasonable on-duty release time for a Guild Board member or shop xxxxxxx to provide representation requested by the employee during the questioning. 5. Persons in attendance at OPA interviews will be limited to the employee, the employee’s Guild representative and/or attorney (no more than two (2) persons), the OPA IIS investigator(s) assigned to the case and the OPA Director and/or Lieutenants and Captain, or the civilian positions that replace the Lieutenants and Captain in OPA, one IIS command staff member (no more than three (3) persons), and a court reporter or stenographer, if requested. An OIG representative may attend interviews as a neutral observer. OIG will make a good faith effort to provide the Guild and OPA at least three (3) days notice when an OIG representative will be in attendance at any interview, unless such notice would be inconsistent with the duties of the OIG. 6. All interviews shall be digitally audio tape recorded and transcribed unless the employee objects. Interviews that are not digitally audio recording tape recorded for transcription by OPA IIS shall be recorded by a court reporter or stenographer. The employee and/or entity requesting a court reporter or stenographer shall pay all appearance fees and transcription costs assessed by the court reporter or stenographer and shall make available to the other party an opportunity to obtain a copy of any transcription. 7. If the interview is digitally audio tape recorded by the OPADepartment, the employee and/or the Guild shall have the right to make an independent digital audio tape recording of the interview, a copy of which shall be made available to the OPA Department upon request. The OPA Department shall provide the Guild a copy of the transcript of the digital audio tape recording made by OPA IIS at no cost within five (5) ten days after completion of the transcription. If there is a follow-up interview, the transcript shall be provided, if requested, and shall be provided to SPOG at least five (5) days prior to the follow- up interview.

Administrative Misconduct Interviews. 1. The OPA Department shall conduct in-person interviews of the named employee and any member of the Guild’s bargaining unit who has been determined to be a witness. Named and witness employee interviews shall be conducted in conformance with the Bill of Rights and all legal and constitutional protections and requirements. For the sole and exclusive purpose of determining whether or not an employee was a witness to an event or incident that is the subject of a complaint, the employee may be required to submit within five days of receipt a written response to questions provided to the employee in writing by the OPADepartment. 2. At least five (5) calendar days and no more than thirty (30) days prior to the interview, the OPA Department shall provide notice to the Guild and the employee being interviewed. The Chief of Police, or Acting Chief of Police in the event the Chief is unavailable, may determine that notice of not less than one (1) calendar day is appropriate for interviews in a specific case due to exigent circumstances. The notice shall include all notice required by Article 3.12 Appendix D of this Agreement, shall advise the employee of his/her right to representation by the Guild during the interview, and shall include the subject matter(s) about which the employee will be questioned. The classification report shall be provided together with the notice of the interview, if the classification report has not been previously provided to the employee. 3. If, during the course of the interview, the OPA Department believes that the employee’s answers raise the possibility that the employee engaged in misconduct unrelated to the original inquiry, the OPA Department may continue the interview in the new area after providing the employee with the notice required in 3.6F(2), unless otherwise agreed by the OPADepartment, the Guild and the employee. 4. The Guild will be allowed reasonable on-duty release time for a Guild Board member or shop xxxxxxx to provide representation requested by the employee during the questioning. 5. Persons in attendance at OPA interviews will be limited to the employee, the employee’s Guild representative and/or attorney (no more than two (2) persons), the OPA IIS investigator(s) assigned to the case and the OPA Director and/or Lieutenants and Captain, or the civilian positions that replace the Lieutenants and Captain in OPA, one IIS command staff member (no more than three (3) persons), and a court reporter or stenographer, if requested. An OIG representative may attend interviews as a neutral observer. OIG will make a good faith effort to provide the Guild and OPA at least three (3) days notice when an OIG representative will be in attendance at any interview, unless such notice would be inconsistent with the duties of the OIG. 6. All interviews shall be digitally audio tape recorded and transcribed unless the employee objects. Interviews that are not digitally audio recording tape recorded for transcription by OPA IIS shall be recorded by a court reporter or stenographer. The employee and/or entity requesting a court reporter or stenographer shall pay all appearance fees and transcription costs assessed by the court reporter or stenographer and shall make available to the other party an opportunity to obtain a copy of any transcription. 7. If the interview is digitally audio tape recorded by the OPADepartment, the employee and/or the Guild shall have the right to make an independent digital audio tape recording of the interview, a copy of which shall be made available to the OPA Department upon request. The OPA Department shall provide the Guild a copy of the transcript of the digital audio tape recording made by OPA IIS at no cost within five (5) ten days after completion of the transcription. If there is a follow-up interview, the transcript shall be provided, if requested, and shall be provided to SPOG at least five (5) days prior to the follow- up interview.