Common use of Bill of Rights Clause in Contracts

Bill of Rights. A. Members of the South Bound Brook Police Force hold a unique status as public Officers in that the nature of their office and employment involves the exercise of a portion of the police power of the municipality. The security of the community depends to a great extent on the manner in which Police Officers perform their duty. Their employment is thus in the nature of a public trust. B. The wide-ranging powers and duties given to the Department and its members in all manner of contacts and relationships with the public. Out of these contacts may come questions concerning the actions of members of the force. These questions often require immediate investigation by Superior Officers designated by the Chief of Police. In an effort to ensure that these investigations are conducted in a manner, which is conducive to good order and discipline, the following rules are here by adopted. C. Unless the exigencies of the investigation dictate otherwise the interrogation of a member of the force shall be at a reasonable hour and when the member of the force is on duty. D. When, however the exigencies of the situation dictate that a member of the force be subject to interrogation when he/she is not on-duty, he/she shall then be paid at a compensatory rate. E. The interrogation shall take place at a location designated by the investigating Officer. Usually it will be at Police Headquarters or the location where the incident allegedly occurred. F. The member of the force shall be informed of the nature of the investigation before any interrogation commences. G. The questioning shall be completed with reasonable dispatch. Reasonable respites shall be allowed. This shall be provided also for personal necessities, meals, telephone calls and rest periods as are reasonably necessary. H. The member of the force shall not be subject to offensive language nor shall he/she be threatened with transfer, dismissal or other disciplinary punishment. No promises of reward shall be made as an inducement to answering questions. I. The complete interrogation of the member of the force shall be recorded mechanically or by department stenographer. There shall be no “Off-The-Record” questions. All recesses called during the questioning shall be recorded. J. If a member of the force is under arrest or is likely to be, that is; if he/she is a suspect or target of a criminal investigation, he/she shall be given his/her rights pursuant to the current decisions of the Supreme Court of the United States. K. In all cases, in the interest of maintaining the usually high morale of the force, the Department shall afford an opportunity for a member of the force, if he/she so requests, to consult with counsel and/or his/her Association representative before being questioned concerning a violation of the Rules and Procedures. Council and a representative of the Association may be present during the interrogation of a member of the force.

Bill of Rights. A. Members All Employees within the bargaining unit shall be entitled to the protection of what shall hereafter be termed as the South Bound Brook Police Force hold a unique status as public Officers in that the nature of their office and employment involves the exercise of a portion of the police power of the municipality. The security of the community depends to a great extent on the manner in which “Police Officers perform their duty. Their employment is thus in the nature Bill of a public trustRights. B. ” The wide-ranging powers and duties given to the Department and its members involve them in all manner of contacts and relationships with the public. Out of Of these contacts may come many questions concerning the actions of members of the force. These questions often require an immediate investigation by Superior Officers superior officers designated by the Chief of Police. In an effort to ensure that these investigations are conducted in a manner, which is conducive to good order and discipline, the following rules guidelines are here promulgated: 7.7.1 Employees shall be informed in writing, of the nature of the investigation, the right to request Guild representation, and whether they are a witness or a subject of the investigation before any interview of the Employee commences. 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 be advised in writing a minimum of forty-eight (48) hours prior to the 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 termination. Employees who are given a forty-eight (48) hour notification may waive that delay by adoptedsigning a written waiver form, provided that the Employee either has Guild representation or waives the right to such representation in writing. C. Unless 7.7.2 Any interview of an Employee shall be at a reasonable hour, preferably when the Employee is on duty unless the exigencies of the investigation dictate otherwise the interrogation of a member of the force otherwise. Where practicable, interviews shall be at a reasonable hour and when scheduled for the member of the force is on dutydaytime. D. When7.7.3 The interview, however which shall not violate the exigencies of the situation dictate that a member of the force be subject to interrogation when he/she is not on-dutyEmployee’s constitutional rights, he/she shall then be paid at a compensatory rate. E. The interrogation 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 investigating Officer. Usually it will be at Police Headquarters or the location where the incident allegedly occurredlaw. F. The member of the force shall be informed of the nature of the investigation before any interrogation commences. G. 7.7.4 The questioning shall not be completed with reasonable dispatch. Reasonable respites overly long, and the Employee shall be allowed. This entitled to such reasonable intermissions as they shall be provided also request for personal necessities, meals, telephone calls calls, and rest periods as are reasonably necessaryperiods. H. 7.7.5 The member of the force Employee shall not be subject subjected to any offensive language language, nor shall he/she they be threatened with dismissal, transfer, dismissal or other disciplinary punishmentpunishment as a guise to attempt to obtain their resignation, nor shall they be intimidated in any other manner. No promises of reward or rewards shall be made as an inducement to answering answer questions. I. The complete interrogation of the member of the force 7.7.6 It shall be recorded mechanically unlawful for the City to require any Employee covered by this agreement to take or by department stenographerbe subjected to any polygraph or any polygraph type of examination as the condition of continued or continuous employment or to avoid any threatened disciplinary action. 7.7.7 By mutual agreement, the interview shall be recorded. A copy shall be provided to the Guild representative or Employee. There shall be no “Offoff-The-Recordthe record” questions. All recesses called during The Employer shall notify the questioning Guild and the Employee once the Chief of Police has determined an investigation has been completed. In cases where the contemplated discipline is an oral or written reprimand, the investigation shall be recorded. J. If provided to the Guild President or designee and the Employee upon request. In cases where the contemplated discipline is any discipline above a member written reprimand, within seven (7) calendar days of the force is under arrest or is likely to be, that is; if he/she is a suspect or target notification of a criminal investigation, he/she shall be given his/her rights pursuant to the current decisions completion of the Supreme Court of the United States. K. In all cases, in the interest of maintaining the usually high morale of the force, the Department shall afford an opportunity for a member of the force, if he/she so requests, to consult with counsel and/or his/her Association representative before being questioned concerning a violation of the Rules investigation and Procedures. Council and a representative of the Association may be present during the interrogation of a member of the force.no later than three

Bill of Rights. A. Members of the South Bound Brook Police Force hold a unique status as public Officers in that the nature of their office and employment involves the exercise of a portion of the police power of the municipality. The security of the community depends to a great extent on the manner in which Police Officers perform their duty. Their employment is thus in the nature of a public trust. B. The wide-ranging powers and duties given to the Department and its members in all manner of contacts and relationships with the public. Out of these contacts may come questions concerning the actions of members of the force. These questions often require immediate investigation by the Superior Officers designated by the Chief of Police. In an effort to ensure that these investigations are conducted in a manner, which is conducive to good order and discipline, the following rules are here by hereby adopted. C. Unless the exigencies of the investigation dictate otherwise otherwise, the interrogation of a member of the force shall be at a reasonable hour and when the member of the force is on duty. D. When, however the exigencies of the situation dictate that a member of the force be subject to interrogation when he/she the member is not on-duty, he/she the member shall then be paid at a compensatory rate. E. The interrogation shall take place at a location designated by the investigating Officer. Usually Usually, it will be at Police Headquarters or the location where the incident allegedly occurred. F. The member of the force shall be informed of the nature of the investigation before any interrogation commences. G. The questioning shall be completed with reasonable dispatch. Reasonable respites shall be allowed. This shall be provided also for personal necessities, meals, telephone calls and rest periods as are reasonably necessary. H. X. The member of the force shall not be subject to offensive language nor shall he/she the member be threatened with transfer, dismissal dismissal, or other disciplinary punishment. No promises of reward shall be made as an inducement to answering questions. I. The complete interrogation of the member of the force shall be recorded mechanically or by department stenographer. There shall be no “Off"off-Thethe-Record” record" questions. All recesses called during the questioning shall be recorded. J. X. If a member of the force is under arrest or is likely to be, that is; if he/she the member is a suspect or target of a criminal investigation, he/she the member shall be given his/her rights pursuant to the current decisions law of the Supreme Court of the United States. K. In all cases, in the interest of maintaining the usually high morale of the force, the Department shall afford an opportunity for a member of the force, if he/she the member so requests, to consult with counsel and/or his/her Association the member's PBA representative before being questioned concerning a violation of the Rules and Procedures. Council and a representative of the Association PBA may be present during the interrogation of a member of the force.

Bill of Rights. A. Members 31.1 Subject to the provisions of this contract and except as otherwise provided, employees have the right to use the grievance procedure contained herein to protect their rights as set forth in this Agreement. 31.2 All employees within the bargaining unit shall be covered by the following rules and regulations. The powers and duties of law enforcement officers involve them in many contacts with members of the South Bound Brook Police Force hold a unique status public and questions are bound to arise as public Officers in that to the nature of their office and employment involves the exercise of a portion of the police power of the municipality. The security of the community depends to a great extent on the manner in such contacts, which Police Officers perform their duty. Their employment is thus in the nature of a public trust. B. The wide-ranging powers and duties given to the Department and its members in all manner of contacts and relationships with the public. Out of these contacts may come questions concerning the actions of members of the force. These questions often require immediate investigation by Superior Officers designated superior officers who have been authorized to make such investigations by the Chief of Police. In an effort Such investigations shall be conducted under the following general guidelines: • When a permanent, non-probationary employee is the subject of a formal internal investigation by the Camas Police Department, prior to ensure any interview of the employee, the employee shall be advised of the specific nature of the inquiry of and whether the employee is suspected of (1) committing a criminal offense; (2) misconduct that these investigations are would be grounds for termination, demotion, suspension, or other disciplinary actions; (3) that the employee may not be qualified for continued employment with the Department. All interviews shall be conducted in a manner, which is conducive to good order and discipline, manner consistent with due process rights granted by law. The officer shall not thereafter contact the following rules are here by adopted. C. Unless the exigencies citizen or witnesses without prior permission of the investigation dictate otherwise Chief of Police. • If the interrogation Chief of a member of Police determines that the force shall officer should be at a reasonable hour and when questioned about the member of the force is on duty. D. Whenallegation, however the exigencies of the situation dictate that a member of the force be subject to interrogation when he/she is not on-duty, he/she shall then be paid at a compensatory rate. E. The interrogation shall take place at a location designated by the investigating Officer. Usually it will be at Police Headquarters or the location where the incident allegedly occurred. F. The member of the force shall be informed of the nature of the investigation before any interrogation commences. G. The such questioning shall be completed with reasonable dispatchdone as soon as practicable. Reasonable respites Unless an emergency is thought by the Chief of Police to exist, such questioning shall be allowedwhile the member is on duty and during the daytime, if possible. This • Questioning of the officer shall be provided also with full regard to the officer’s constitutional rights. If the allegations amount to a charge that the officer is guilty of a crime, the officer shall be fully advised of rights under the Miranda decision. The employee shall have the right to retain an attorney of the employee’s own choosing, (at no expense to the City of Camas). Such attorney (and/or a representative of the Association) shall have the right to be present during any questioning. • Questioning of an employee accused of misconduct shall not be overly long, and the employee shall be entitled to reasonable intermission for personal necessities, meals, telephone calls calls, and rest periods as are reasonably necessary. H. The member periods. Providing both parties agree, the Employer or the employee may provide for the mechanical, electronic, or stenographic recording of any formal employee interview which could likely lead to criminal charges being filed against the employee or which could result in discipline of the force employee by the Department. Whenever such a recording is made by one party, the other party shall not have the right to make a copy of the recording. An employee who is the subject for a formal investigation shall have a right to make copies of any statement the employee has signed pertaining to the investigation. • It is understood that under state law, no officer may be subject required to offensive language nor shall he/she be threatened with transfertake any lie detector test as a condition of continued employment, dismissal or other disciplinary punishmentthough the officer may request a polygraph test. No promises of reward If one is requested by the employee, it shall be made as taken by an inducement to answering questions. I. The complete interrogation of the member of the force shall be recorded mechanically or independent agency mutually agreed upon by department stenographer. There shall be no “Off-The-Record” questions. All recesses called during the questioning shall be recorded. J. If a member of the force is under arrest or is likely to be, that is; if he/she is a suspect or target of a criminal investigation, he/she shall be given his/her rights pursuant to the current decisions of the Supreme Court of the United States. K. In all cases, in the interest of maintaining the usually high morale of the force, the Department shall afford an opportunity for a member of the force, if he/she so requests, to consult with counsel and/or his/her Association representative before being questioned concerning a violation of the Rules and Procedures. Council and a representative of the Association may be present during and the interrogation Chief of a member of Police at the forceEmployer’s expense.