Bill of Rights. Section 1. A bargaining unit employee shall have the right to be represented by a Union officer or the Union's legal counsel, upon his request, at any time during any questioning when it relates to the employee's continued fitness for law enforcement services, or when the investigation could result in criminal charges. Section 2. A bargaining unit employee shall have the right to be completely informed of his rights prior to the commencement of any questioning if he could be placed under arrest as the result of the investigation. Section 3. A bargaining unit employee shall have the right, to the extent possible, to be informed at the initial contact if he is to be questioned as a witness only. If the meeting moves from investigatory to accusatory, the employee shall have the right to request Union representation. Section 4. A bargaining unit employee shall have the right for all formal questioning to be recorded and has the right to make a separate recording of any questioning at the time of questioning. Section 5. A bargaining unit employee shall have the right to request that at any one time all questions during an investigatory interview be directed through only one (1) questioner. When such request is made, it shall be honored. Section 6. Questioning shall take place at a location designated by the Chief of Police and at a reasonable hour for all persons concerned. Section 7. A bargaining unit employee shall have the right to be represented by a Union officer of his choice (within the bargaining unit or the FOP/OLC representative) during any questioning where the employee reasonably believes that punitive action could result. However, the interview will not be delayed to accommodate the attendance of a specific representative if the representative of choice is not available. Section 8. No polygraph test or CVSA shall be requested/required by the Employer without a bargaining unit employee's prior consent, and without the presence of his Union representative, if requested by the employee. Any polygraph or CVSA agreed to must be given by a licensed operator.
Appears in 2 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement
Bill of Rights.
Section 1. A bargaining unit employee shall have the right to be represented by a Union officer or the Union's legal counsel, upon his request, at any time during any questioning when it relates to the employee's continued fitness for law enforcement services, or when the investigation could result in criminal charges.
Section 2. A bargaining unit employee shall have the right to be completely informed of his rights prior to the commencement of any questioning if he could be placed under arrest as the result of the investigation.
Section 3. A bargaining unit employee shall have the right, to the extent possible, to be informed at the initial contact if he is to be questioned as a witness only. If the meeting moves from investigatory to accusatory, the employee shall have the right to request Union representation.
Section 4. A bargaining unit employee shall have the right for all formal questioning to be recorded and has the right to make a separate recording of any questioning at the time of questioning.
Section 5. A bargaining unit employee shall have the right to request that at any one time all questions during an investigatory interview be directed through only one (1) questioner. When such request is made, it shall be honored.
Section 6. Questioning shall take place at a location designated by the Chief of Police and at a reasonable hour for all persons concerned.
Section 7. A bargaining unit employee shall have the right to be represented by a Union officer of his choice (within the bargaining unit or the FOP/OLC representative) during any questioning where the employee reasonably believes that punitive action could result. However, the interview will not be delayed to accommodate the attendance of a specific representative if the representative of choice is not available.
Section 8. No polygraph test or CVSA shall be requested/required by the Employer without a bargaining unit employee's prior consent, and without the presence of his Union representative, if requested by the employee. Any polygraph or CVSA agreed to must be given by a licensed operator.
Appears in 2 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement
Bill of Rights. A. To ensure that the individual rights of employees in the Bargaining Unit are not violated, the following shall represent the employees’ Bill of Rights:
Section 1. A bargaining unit An employee shall be entitled to a disciplinary hearing. No disciplinary action involving a suspension of less than six (6) days shall be implemented until after Step 3 of the Grievance Procedure has been concluded. If, the employee files a grievance contesting the disciplinary action. In circumstances where the Borough considers that an employee’s action could potentially cause harm to himself/herself, to other employees or to Borough property, the employee may be suspended immediately.
2. An employee shall be entitled to Union representation at the disciplinary hearing.
3. Employees will be disciplined for just cause only.
4. An employee shall be entitled to Union representation at each and every step of the grievance procedure set forth in this Agreement.
5. No employee shall be required by the Employer and/or its Agents to submit to an interrogation unless the employee is afforded the opportunity of Union representation.
6. No recording devices or stenographer of any kind shall be used during any meeting unless both Union and Employer are made aware of their use prior to such meeting.
7. In all disciplinary hearings, the employee shall be presumed innocent until proven guilty and the burden of proof shall be on the Employer.
8. An employee shall not be coerced or intimidated or suffer any reprisals either directly or indirectly that may adversely affect his/her hours, wages or working conditions as the result of the exercise of his/her rights under this Agreement.
9. The first ninety (90) calendar days of employment with the Borough shall constitute the probationary period. During these ninety (90) calendar days, the probationary employee may be terminated, and such termination shall not be reviewable through this Agreement either by disciplinary hearing or the grievance procedure. However, during the ninety (90) calendar day probationary period, the employee shall receive at least one (1) evaluation, after forty-five (45) days which shall indicate the employee’s progress and identify any areas which need improvement, along with the recommendations as to how to improve. The failure to provide this evaluation shall be subject to the grievance procedure.
10. The Union as well as the affected employee shall receive a copy of any disciplinary action and attachment(s) which are placed in an employee’s file. All employees shall have the right to be represented by a Union officer or the Union's legal counsel, upon his request, at any time during any questioning when it relates to the employee's continued fitness for law enforcement services, or when the investigation could result review their personnel file in criminal charges.
Section 2. A bargaining unit employee shall have the right to be completely informed of his rights prior to the commencement of any questioning if he could be placed under arrest as the result of the investigation.
Section 3. A bargaining unit employee shall have the right, to the extent possible, to be informed at the initial contact if he is to be questioned as a witness only. If the meeting moves from investigatory to accusatory, the employee shall have the right to request Union representation.
Section 4. A bargaining unit employee shall have the right for all formal questioning to be recorded and has the right to make a separate recording of any questioning at the time of questioning.
Section 5. A bargaining unit employee shall have the right to request that at any one time all questions during an investigatory interview be directed through only one (1) questioner. When such request is made, it shall be honored.
Section 6. Questioning shall take place at a location designated by the Chief of Police and at a reasonable hour for all persons concerned.
Section 7. A bargaining unit employee shall have the right to be represented by a Union officer of his choice (within the bargaining unit or the FOP/OLC representative) during any questioning where the employee reasonably believes that punitive action could result. However, the interview will not be delayed to accommodate the attendance of a specific representative if the representative of choice is not available.
Section 8. No polygraph test or CVSA shall be requested/required by the Employer without a bargaining unit employee's prior consent, and without the presence of his Union representative, if requested by the employee. Any polygraph a management official or CVSA agreed to must be given by a licensed operatordesignee upon reasonable request.
Appears in 1 contract
Samples: Collective Bargaining Agreement
Bill of Rights.
Section 1. A bargaining unit employee 7.7.1 Employees shall have be informed in writing, of the right to be represented by a Union officer or the Union's legal counsel, upon his request, at any time during any questioning when it relates to the employee's continued fitness for law enforcement services, or when the investigation could result in criminal charges.
Section 2. A bargaining unit employee shall have the right to be completely informed of his rights prior to the commencement of any questioning if he could be placed under arrest as the result nature of the investigation.
Section 3. A bargaining unit employee shall have the right, to the extent possible, to be informed at the initial contact if he is to be questioned as a witness only. If the meeting moves from investigatory to accusatory, the employee shall have the right to request Union Guild representation.
Section 4, and whether they are a witness or a subject of the investigation, before any interview of the employee commences. A bargaining unit In investigations other than criminal, this will include the name, address, and other information necessary to reasonably apprise them of the allegations of such complaint. An employee who is identified as a subject of the investigation, shall have be advised in writing a minimum of forty-eight (48) hours prior to the right time of the interview, if the interviewer either knows or reasonably should know that the questioning concerns a matter that could lead to criminal charges or misconduct that could be grounds for all formal questioning to be recorded and termination. Employees who are given a forty-eight (48) hour notification may waive that delay by signing a written waiver form, provided that the employee either has Guild representation or waives the right to make a separate recording of any questioning at the time of questioningsuch representation in writing.
Section 5. A bargaining unit 7.7.2 Any interview of an employee shall have be at a reasonable hour, preferably when the right to request that at any one time all questions during an investigatory interview be directed through only one (1) questioneremployee is on duty unless the exigencies of the investigation dictate otherwise. When such request is madeWhere practicable, it interviews shall be honoredscheduled for the daytime.
Section 6. Questioning 7.7.3 The interview, which shall not violate the employee’s constitutional rights, shall take place at the Xxxxxxxx Police Station facility, except where impractical. The employee shall be afforded the opportunity and facilities to contact and consult privately with an attorney of the employee’s own choosing and/or a location designated representative of the Guild. Said attorney and/or representative of the Guild may be present during the interview but shall not participate in the interview except to counsel the employee, provided that the Guild representative or attorney may participate to the extent permitted by the Chief of Police and at a reasonable hour for all persons concernedlaw.
Section 7. A bargaining unit 7.7.4 The questioning shall not be overly long, and the employee shall have be entitled to such reasonable intermissions as they shall request for personal necessities, meals, telephone calls, and rest periods.
7.7.5 The employee shall not be subjected to any offensive language, nor shall they be threatened with dismissal, transfer, or other disciplinary punishment as a guise to attempt to obtain their resignation, nor shall they be intimidated in any other manner. No promises or rewards shall be made as an inducement to answer questions.
7.7.6 It shall be unlawful for the right City to require any employee covered by this agreement to take or be represented by a Union officer subjected to any polygraph or any polygraph type of his choice (within examination as the bargaining unit condition of continued or continuous employment or to avoid any threatened disciplinary action.
7.7.7 At the FOP/OLC representative) during any questioning where the employee reasonably believes that punitive action could result. Howeveremployee’s request, the interview will not be delayed to accommodate the attendance of a specific representative if the representative of choice is not available.
Section 8. No polygraph test or CVSA shall be requested/required by recorded on tape. One copy shall be provided to the Employer without a bargaining unit employee's prior consent, and without the presence of his Union representative, if requested by the Guild representative or employee. Any polygraph or CVSA agreed to must There shall be given by a licensed operator.no “off-the record” questions. The Employer shall notify the Guild and the Employee within seven
Appears in 1 contract
Samples: Collective Bargaining Agreement
Bill of Rights. Individual rights of employees in the Anchorage Police Department shall not be violated. To insure this, the following shall represent the Employee's Bill of Rights:
Section 1. A bargaining unit A. An employee shall have be entitled to representation from the right Association or its designee at each step of the Grievance Procedure set forth in this Agreement.
B. An employee shall be entitled to be represented representation by the Association or its designee at each stage of a disciplinary proceeding brought against an Association member. Disciplinary proceeding is defined as any action taken against an employee by a Union officer superior officer, that may affect his working conditions, integrity, hours or wages, and which could reasonably lead to oral reprimand, written reprimand, suspension, discharge, demotion or disciplinary transfer.
C. No employee shall be required by the Union's legal counsel, upon his request, at any time during any questioning when it relates Municipality to submit to an interview in a disciplinary proceeding unless the employee is afforded the opportunity of having an Association representative or its designee present. If the Employer has reasonable cause to question an employee's fitness for duty, the Employer may require the employee to undergo a physical or mental examination to determine continued fitness for law enforcement servicesduty. If the employee disagrees with the results of such examination, or when the investigation could result in criminal charges.
Section 2. A bargaining unit employee shall have the right to be completely informed of his rights prior to the commencement of any questioning if he could be placed under arrest as the result results of the investigation.
Section 3first examination indicate that a further examination is required, then either the employee or Employer may require a second examination. A bargaining unit Should the findings and recommendations of the examining physicians significantly differ, a third opinion from another qualified physician selected jointly by the two physicians shall be obtained. The third opinion shall be followed by the Employer, the Association and affected employee. The first and, where applicable, third examination shall be paid for by the Employer and the second examination shall be paid by the employee shall have the right, (to the extent possiblethat such examination is not paid for through the Health and Welfare Plan) if the employee requests the examination, to be informed at or the initial contact Employer if he is to be questioned as a witness only. If the meeting moves from investigatory to accusatoryEmployer requires the second examination.
D. In all disciplinary hearings, the employee shall have be presumed innocent until proven guilty. This presumption does not increase the right Employer's burden to request Union representationestablish just cause in any disciplinary action.
Section 4. A bargaining unit E. An employee shall have not be coerced or intimidated or suffer any reprisals either directly or indirectly that may adversely affect hours, wages, or other terms and conditions of employment as a result of the right for all formal questioning to be recorded and has the right to make a separate recording exercise of any questioning at the time of questioningrights under this Agreement.
Section 5. A bargaining unit F. When an employee shall have is (a) under investigation, and (b) subjected to interview by the right Department, (c) which could lead to request that at any one time all questions during an investigatory disciplinary action (which is defined as oral reprimand, written reprimand, suspension, discharge, demotion or disciplinary transfer), the interview be directed through only one (1) questioner. When such request is made, it shall be honoredconducted under conditions listed in this Section.
Section 6G. The following provisions shall apply to such interviews:
1. Questioning Interviews shall take place at a location designated by the Chief of Police and be conducted at a reasonable hour for all persons concernedhour, preferably when the employee is on duty, unless the seriousness of the investigation requires otherwise.
Section 72. A bargaining unit employee Employees shall have the right to be represented by a Union officer of his choice (within the bargaining unit or the FOP/OLC representative) during any questioning where the employee reasonably believes that punitive action could result. However, compensated if the interview will not be delayed to accommodate occurs off-duty, at the attendance appropriate overtime rate of a specific representative if the representative of choice is not availablepay.
Section 83. No polygraph test or CVSA Employees under non-criminal investigation shall be requested/required by informed of the Employer without nature of the investigation and provided a bargaining unit employee's prior consent, and without copy of the presence of his Union representativewritten complaint, if requested by the employee. Any polygraph or CVSA agreed to must be given by a licensed operator.one exists, within four
Appears in 1 contract
Samples: Collective Bargaining Agreement
Bill of Rights. Individual rights of employees in the Anchorage Police Department shall not be violated. To insure this, the following shall represent the Employee's Bill of Rights:
Section A. An employee shall be entitled to representation from the Association or its designee at each step of the Grievance Procedure set forth in this Agreement.
B. An employee shall be entitled to representation by the Association or its designee at each stage of a disciplinary proceeding brought against an Association member. Disciplinary proceeding is defined as any action taken against an employee by a superior officer, that may affect his working conditions, integrity, hours or wages, and which could reasonably lead to oral reprimand, written reprimand, suspension, discharge, demotion or disciplinary transfer.
C. No employee shall be required by the Municipality to submit to an interview in a disciplinary proceeding unless the employee is afforded the opportunity of having an Association representative or its designee present. If the Employer has reasonable cause to question an employee's fitness for duty, the Employer may require the employee to undergo a physical or mental examination to determine continued fitness for duty. If the employee disagrees with the results of such examination, or the results of the first examination indicate that a further examination is required, then either the employee or Employer may require a second examination. Should the findings and recommendations of the examining physicians significantly differ, a third opinion from another qualified physician selected jointly by the two physicians shall be obtained. The third opinion shall be followed by the Employer, the Association and affected employee. The first and, where applicable, third examination shall be paid for by the Employer and the second examination shall be paid by the employee (to the extent that such examination is not paid for through the Health and Welfare Plan) if the employee requests the examination, or the Employer if the Employer requires the second examination.
D. In all disciplinary hearings, the employee shall be presumed innocent until proven guilty. This presumption does not increase the Employer's burden to establish just cause in any disciplinary action.
E. An employee shall not be coerced or intimidated or suffer any reprisals either directly or indirectly that may adversely affect hours, wages, or other terms and conditions of employment as a result of the exercise of rights under this Agreement.
F. When an employee is (a) under investigation, and (b) subjected to interview by the Department, (c) which could lead to disciplinary action (which is defined as oral reprimand, written reprimand, suspension, discharge, demotion or disciplinary transfer), the interview shall be conducted under conditions listed in this Section.
G. The following provisions shall apply to such interviews:
1. A bargaining unit Interviews shall be conducted at a reasonable hour, preferably when the employee is on duty, unless the seriousness of the investigation requires otherwise.
2. Employees shall be compensated if the interview occurs off-duty, at the appropriate overtime rate of pay.
3. Employees under non-criminal investigation shall be informed of the nature of the investigation and provided a copy of the written complaint, if one exists, within four (4) working days of when the complaint is received. Employees on leave status shall be notified within four (4) workdays of the employee returning to duty. The APDEA shall be contemporaneously provided with copies of all investigation notifications and disciplinary action reports given to the employee. Where known, employees shall be advised of the name of the complainant. Employees shall be informed of all details of the investigation which are necessary to reasonably apprise the employee of the factual background of the complaint. When, in the reasonable judgment of the Chief of Police, disclosure of the complaint will seriously jeopardize an investigation of the complaint, the notice requirement under this provision shall not apply.
4. Interview sessions shall be for a reasonable period and under reasonable conditions. Save when in the reasonable judgment of the Police Chief prior notice of an interview will seriously jeopardize an investigation, an employee under investigation for a non-criminal offense shall be provided with a minimum of twenty-four (24) hours notice of any non-criminal interview.
5. Employees being interviewed shall be informed that failure to answer questions directly related to the investigation can result in disciplinary action, which includes discharge, unless the incident is being investigated as a criminal act, in which case, no employee shall be required to answer any questions and no disciplinary action can be taken for failure to answer under these circumstances. No promise of reward shall be made as an inducement to answering questions.
a. If the incident may result in either a civil suit and/or a criminal action, the employee may have an attorney, at his own cost, in addition to an Association Representative, be present at all steps of the investigation, provided the attorney does not obstruct the course of the investigation.
6. The interview may be recorded, and if it is, the employee shall have access to the recording, if any further proceedings are contemplated, or prior to any further interviews at a subsequent time. The employee that is being interviewed shall also have the right to bring his or her own recording device and record any and all aspects of the interview and, if the employee does so, the employee shall provide the Municipality access to the recording. No recording device may be used by any party unless the Association and the Municipality are made aware of the fact prior to such interview. Employees shall be entitled to a transcribed copy of any notes made by a stenographer.
7. If prior to or during the interview of an employee, it is determined that the employee may be charged with a criminal offense, the employee shall immediately be informed of this fact.
8. Interviews shall be conducted under circumstances devoid of abuse.
9. Unless the circumstances of the investigation requires more time, an internal affairs investigation shall be completed within 45 days of initiation. The Department’s disciplinary decision shall be finalized within 45 days of the completion of the internal affairs investigation.
10. Internal investigation files shall not be used for the purposes of training other employees unless prior written consent is received from each employee mentioned in the files.
11. Employees who would like to review their internal affairs file should coordinate with the Internal Affairs Unit to schedule a time to review the file. Internal Affairs will make the file available for a reasonable amount of time so that an employee can review the contents of the file. Employees shall be entitled to review and copies of their Internal affairs files as follows:
a. In investigations where there are sustained complaints against an employee and/or for which there is discipline imposed, the employee will have access/copies to the entire investigation as part of due process rights.
b. In investigations where there is no sustained complaint against the employee, the employee will have access to all portions of the file except the transcript or recordings of interviews. Provided, however, that if the Municipality intends to use the investigation narrative or the transcript or recordings of interviews for any purpose impacting the employee’s wages, hours, or terms and condition of employment, or if the Municipality is contemplating releasing the investigation narrative or the transcript or recordings of interviews or executive summary to a third party, the Municipality shall contemporaneously provide the employee with access/copies to the relevant documents and recordings.
c. The APDEA President shall have the right to review the entire contents of Internal Affairs files that have resulted in other than a sustained complaint.
H. All disciplinary matters will be represented by a Union officer or removed from the Union's legal counsel, upon his request, personnel file at the following times and under the following conditions: At any time during any questioning when it relates to after the employee's continued fitness for law enforcement serviceseffective date of this Agreement, or when the investigation could result in criminal charges.
Section 2. A bargaining unit employee employees shall have the right opportunity to notify the Municipality of any disciplinary records that are subject to the provisions of this section. In all cases where the Municipality receives such notification, and in all cases where discipline is imposed after the effective date of this Agreement, the Municipality shall remove the disciplinary matters from the employee’s file on the time schedule set forth in this section, and shall provide the employee with the original of the documents removed from the file.
I. Unless otherwise described herein, all investigations will be completely informed conducted in accordance with State and Federal law.
J. Except where obligated by law or with prior written consent of his rights the affected employee, the Municipality will not release information which is not otherwise a public record from an employee's personnel file to any third party not associated with or acting on behalf of the Municipality. Where release is required by law, the employer will make a reasonable effort to notify the employee prior to the commencement of any questioning if he could be placed under arrest as the result release of the investigationinformation.
Section 3. A bargaining unit employee shall have the right, to the extent possible, to be informed at the initial contact if he is to be questioned as a witness only. If the meeting moves from investigatory to accusatory, the employee shall have the right to request Union representation.
Section 4. A bargaining unit employee shall have the right for all formal questioning to be recorded and has the right to make a separate recording of any questioning at the time of questioning.
Section 5. A bargaining unit employee shall have the right to request that at any one time all questions during an investigatory interview be directed through only one (1) questioner. When such request is made, it shall be honored.
Section 6. Questioning shall take place at a location designated by the Chief of Police and at a reasonable hour for all persons concerned.
Section 7. A bargaining unit employee shall have the right to be represented by a Union officer of his choice (within the bargaining unit or the FOP/OLC representative) during any questioning where the employee reasonably believes that punitive action could result. However, the interview will not be delayed to accommodate the attendance of a specific representative if the representative of choice is not available.
Section 8. No polygraph test or CVSA shall be requested/required by the Employer without a bargaining unit employee's prior consent, and without the presence of his Union representative, if requested by the employee. Any polygraph or CVSA agreed to must be given by a licensed operator.
Appears in 1 contract
Samples: Collective Bargaining Agreement
