Common use of Complaint Investigation Clause in Contracts

Complaint Investigation. The County will follow the Professional Standards Manual. A. The sheriff or designee may investigate a complaint against an employee when the complaint is not of a criminal nature but concerns a violation of rules, policy or procedure. Not all complaints will be investigated and the sheriff or designee may make inquiries before investigating the complaint. The sheriff or designee shall notify the employee of the allegations and information sufficient to understand the nature of the allegations within fifteen (15) days of the decision to investigate the complaint. The employee shall receive a copy of the complaint or allegations with citation to policies that may be implicated to the extent practical. The employee shall be given an opportunity to provide information he/she deems relevant. B. If the employee has reason to believe that such a discussion might adversely affect his/her employment, he/she shall have the right to have a representative of his/her choice present. C. If the sheriff chooses to remove the accused employee from his/her work assignment during the investigation, the employee may be assigned duties not related to his/her normal work or be stationed at home. D. If the charges are substantiated and disciplinary action is necessary, copies of all written reports, statements, and the results of the investigation shall be provided to the employee and his/her representative. The specific policy or policies applicable to the conduct will be substantiated. E. If the charges are unfounded, not sustained or exonerated, notice shall be given to the employee within seven (7) days of the decision. Documents related to such charges shall not be placed in the employee’s personnel file(s). F. Prior to being interviewed regarding an internal affairs investigation or allegations of a complaint for any reason, which could lead to disciplinary action: 1. An employee shall be informed of the nature of the investigation or allegations of the complaint whether he/she is a witness or a subject, if and when known; and, if a subject, be informed and be given copies of any other information necessary to reasonably apprise him/her of the nature of the allegations of the complaint, unless to do so would jeopardize the credibility of the investigation. 2. An employee shall be afforded an opportunity and facilities to contact and consult privately with a representative of the Federation. 3. Whenever delay in conducting the interview will not jeopardize the successful accomplishment of the investigation or when criminal culpability is not at issue, advance notice shall be given the employee not less than twenty-four (24) hours before the initial interview commences. 4. An employee shall be provided copies of any prior interviews the employee may have given during the current internal affairs investigation. G. During any non-criminal investigation, which is an internal affairs interview, the representative of the employee shall be allowed to counsel the employee during the course of the interview. However, the representative shall not be disruptive of the interview. Also, the employee shall be allowed to take reasonable breaks during the course of the interview.

Appears in 2 contracts

Samples: Collective Bargaining Agreement, Collective Bargaining Agreement

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Complaint Investigation. SECTION 1 Employer and all management personnel shall treat Officers professionally, without discrimination, bias, hostility, racism, or any threatening or coercive conduct which promotes, allows, creates, or promulgates a hostile work environment. Employer shall not discriminate against any Officer covered by this Agreement for their connection to, affiliation with, or participation in the Fraternal Order of Police, pursuant to the provisions established in this Agreement to include, but not limited to, the Oklahoma Fire and Police Arbitration Act, The County will follow the Professional Standards Manual'Xxxxxxx Rule' (Xxxxxxx v. New Jersey, 000 X.X. 000 [1967]), and 'Xxxxxxxxxx Rights' (NLRB x. Xxxxxxxxxx, Inc., 000 X.X. 000 [1975]). A. The sheriff SECTION 2 For the purposes of this Agreement, a “complaint” shall be defined as a written document containing specific allegations of misconduct, wrongdoing or designee may investigate violation(s) of law against an Officer by the specific alleged victim(s) of the misconduct, wrongdoing or illegal activity. Officers will be informed and provided with said information each and every time a complaint is received against them. (A) If an employee when Officer is under investigation, and subject to be questioned or interrogated for any reason which could potentially lead to disciplinary actions greater than a verbal warning, such interviews, questioning, or interrogations shall be conducted under the complaint is not of a criminal nature but concerns a violation of rules, policy or procedure. Not all complaints will following conditions; (1) Officer shall immediately be investigated and the sheriff or designee may make inquiries before investigating the complaint. The sheriff or designee shall notify the employee notified of the allegations and information sufficient to understand the nature of the allegations within fifteen complaint(s) made against him/her. (152) days of the decision to investigate the complaint. The employee Officer shall receive be provided a copy of the actual complaint document(s), which shall list the following information. (a) The name of the complainant(s). (b) The name, or allegations description, of the Officer alleged to have committed the action(s) under review. (c) The complete and specific nature of the allegation(s). (d) The complainant's signature, which shall be signed under penalty of perjury. (3) Officer shall be given, in writing, the disciplinary action(s) likely to be taken against him/her should the allegation(s) be sustained. (4) Preliminary discussions with citation supervisory personnel within the Police Department shall not include any questioning, or require the Officer to policies that may be implicated provide an oral or written response to the extent practical. The employee allegation(s) against him/her, and shall be given an opportunity strictly limited to: (a) Giving notice to provide information hethe Officer a complaint has been made against him/she deems relevanther. B. If (b) Providing a copy of the employee complaint(s) to the Officer. (c) Placing the Officer on administrative leave, pending the results of the investigation, should it be warranted. (5) Officer shall be provided, in writing, the name of the person(s) or Agency assigned to conduct, or assist in, the investigation. (6) Employer shall schedule such interviews, questioning, or interrogations no less than three (3) business days after Officer has reason been provided notification of such complaint(s), to believe that such a discussion might adversely affect hisallow him/her employment, he/she to obtain adequate representation. (7) Officer shall have the right to have consult a Lodge representative, attorney, or any other representative of his/her choice presentprior to being interviewed, questioned, or interrogated and to have such council or representation present during such event, or be represented by such directly. C. If the sheriff chooses to remove the accused employee from (8) During such interviews, questioning, or interrogations. (a) Officer shall be advised of his/her work assignment during rights, prior to commencement of any interview, questioning, or interrogation. (b) All questions directed to the investigationOfficer shall be asked by, the employee may and through, one (1) person at a time, and Officer shall be assigned duties not related allowed to answer each question to his/her normal work or be stationed at homesatisfaction. D. If (c) All interviews, questioning, or interrogations shall be limited in scope to activities, circumstances, or events pertaining directly to the charges are substantiated and disciplinary action is necessary, copies of all written reports, statements, and Officer's alleged misconduct or illegal activity which form the results basis of the investigation and are contained within the initial complaint. (d) Interviews, questioning, or interrogation sessions shall be provided conducted for reasonable periods, and shall be timed to allow the employee Officer such personal necessities, breaks, rest periods, and meals as are requested by the Officer and acceptable in a normal, professional setting. (e) Officer being interviewed, questioned, or interrogated shall not be subjected to any manner or repetitive questioning intended to confuse, or entrap, the Officer into providing conflicting responses to questions of the same nature. (f) Officer being interviewed, questioned, or interrogated shall not be subjected to offensive language, or to being threatened with transfer, dismissal, or any other disciplinary actions, nor be promised or rewarded as an inducement to obtain his/her representative. The specific policy testimony or policies applicable to the conduct will be substantiatedevidence. E. If the charges are unfounded(g) The interviewing, not sustained questioning, or exonerated, notice shall be given to the employee within seven (7) days interrogations of the decision. Documents related to Officer may be audio-recorded, at the discretion of the investigator, as may the Officer record such charges shall not be placed in the employee’s personnel file(s)proceedings. F. Prior to being interviewed regarding (A) After the completion of any investigation conducted against an internal affairs investigation or allegations Officer, the Chief of a complaint for any reason, which could lead to disciplinary action: 1. An employee Police shall be informed of determine the nature of the investigation or allegations final classification of the complaint whether he/she is a witness or a subject, if and when known; and, if a subject, be informed and be given copies of any other information necessary to reasonably apprise him/her of the nature of the allegations of the complaint, unless to do so would jeopardize the credibility of the investigation. 2. An employee shall be afforded an opportunity and facilities to contact and consult privately with a representative of the Federation. 3. Whenever delay in conducting the interview will not jeopardize the successful accomplishment of the investigation or when criminal culpability is not at issue, advance notice shall be given the employee not less than twenty-four (24) hours before the initial interview commences. 4. An employee shall be provided copies of any prior interviews the employee may have given during the current internal affairs investigation. G. During any non-criminal investigation, which is an internal affairs interview, the representative of the employee shall be allowed to counsel the employee during the course of the interview. However, the representative shall not be disruptive of the interview. Also, the employee shall be allowed to take reasonable breaks during the course of the interview.as follows:

Appears in 2 contracts

Samples: Collective Bargaining Agreement, Collective Bargaining Agreement

Complaint Investigation. (a) The County will follow Xxxx shall within five (5) working days schedule a meeting with the Professional Standards Manualcomplainant and obtain all relevant details from him/her concerning the allegation(s) of discrimination/harassment. The Xxxx shall record and document all relevant details concerning the complaint. A. The sheriff or designee may investigate a complaint against an employee when the complaint is not of a criminal nature but concerns a violation of rules, policy or procedure. Not all complaints will be investigated and the sheriff or designee may make inquiries before investigating the complaint. The sheriff or designee shall notify the employee of the allegations and information sufficient to understand the nature of the allegations within (b) Within fifteen (15) working days of such meeting, the decision to investigate the complaint. The employee Xxxx shall receive ensure that a copy complete investigation of the complaint takes place. (c) In the course of carrying out the investigation, the Xxxx/Senior Director may interview individuals with relevant knowledge of the facts or allegations with citation to policies that may incident in issue. The notes summarizing the content of the interview(s) or, if available, the transcript of the interview(s) [which will include the name of individuals interviewed and name(s) of individual(s) referenced in the interview(s)], will be implicated provided to the extent practical. The employee shall be given an opportunity Union representative, after the completion of all interview(s) and prior to provide information hethe Xxxx/she deems relevant. B. If the employee has reason to believe that such a discussion might adversely affect Senior Director communicating his/her employmentdecision, for review and appropriate comment. Should the Union representative wish to provide comments upon receiving the above mentioned material, he/she shall have provide such comments to the right Xxxx/Senior Director within five (5) working days of receipt of the information. (d) On completion of the investigation and upon reviewing all the facts the Xxxx shall determine the appropriate course of action to have a representative of be taken, and he/she shall communicate in writing within ten (10) working days his/her choice present. C. If decision to the sheriff chooses to remove complainant which shall include a copy of the accused employee from his/her work assignment during report and will outline the investigationconclusion(s) drawn, decision(s) reached and action(s) which shall be taken concerning the employee may be assigned duties not related to his/her normal work or be stationed at home. D. If disposition of the charges are substantiated and disciplinary action is necessary, copies complaint. A copy of all written reports, statements, and the results of the investigation communication shall be provided forwarded to the employee and his/her representative. The specific policy or policies applicable to the conduct will be substantiatedAssistant Vice President, Human Resources. E. If (e) Where the charges are unfoundedXxxx does not have jurisdictional authority over the respondent, not sustained the Xxxx shall involve the appropriate administrative or exonerated, notice shall be given to the employee within seven (7) days of the decision. Documents related to such charges shall not be placed academic line manager in the employee’s personnel file(s). F. Prior to being interviewed regarding an internal affairs investigation or allegations of a complaint for any reason, which could lead to disciplinary action: 1. An employee shall be informed of the nature of the investigation or allegations of the complaint whether he/she is a witness or a subject, if and when known; and, if a subject, be informed and be given copies of any other information necessary to reasonably apprise him/her of the nature of the allegations of the complaint, unless to do so would jeopardize the credibility of the investigation. 2. An employee shall be afforded an opportunity and facilities to contact and consult privately with a representative of the Federation. 3. Whenever delay in conducting the interview will not jeopardize the successful accomplishment of the investigation or when criminal culpability is not at issue, advance notice shall be given the employee not less than twenty-four (24) hours before the initial interview commences. 4. An employee shall be provided copies of any prior interviews the employee may have given during the current internal affairs investigation. G. During any non-criminal investigation, which is an internal affairs interview, the representative of the employee shall be allowed to counsel the employee during the course of the interview. However, the representative shall not be disruptive of the interview. Also, the employee shall be allowed to take reasonable breaks during the course of the interview.

Appears in 2 contracts

Samples: Collective Agreement, Collective Agreement

Complaint Investigation. SECTION 1 Employer and all management personnel shall treat Officers professionally, without discrimination, bias, hostility, racism, or any threatening or coercive conduct which promotes, allows, creates, or promulgates a hostile work environment. Employer shall not discriminate against any Officer covered by this Agreement for their connection to, affiliation with, or participation in the Fraternal Order of Police, pursuant to the provisions established in this Agreement to include, but not limited to, the Oklahoma Fire and Police Arbitration Act, The County will follow the Professional Standards Manual'Xxxxxxx Rule' (Xxxxxxx v. New Jersey, 000 X.X. 000 [1967]), and 'Xxxxxxxxxx Rights' (NLRB x. Xxxxxxxxxx, Inc., 000 X.X. 000 [1975]). A. The sheriff SECTION 2 For the purposes of this Agreement, a “complaint” shall be defined as a written document containing specific allegations of misconduct, wrongdoing or designee may investigate violation(s) of law against an Officer by the specific alleged victim(s) of the misconduct, wrongdoing or illegal activity. Officers will be informed and provided with said information each and every time a complaint is received against them. (A) If an employee when Officer is under investigation, and subject to be questioned or interrogated for any reason which could potentially lead to disciplinary actions greater than a verbal warning, such interviews, questioning, or interrogations shall be conducted under the complaint is not of a criminal nature but concerns a violation of rules, policy or procedure. Not all complaints will following conditions; (1) Officer shall immediately be investigated and the sheriff or designee may make inquiries before investigating the complaint. The sheriff or designee shall notify the employee notified of the allegations and information sufficient to understand the nature of the allegations within fifteen complaint(s) made against him/her; (152) days of the decision to investigate the complaint. The employee Officer shall receive be provided a copy of the actual complaint document(s), which shall list the following information; (a) The name of the complainant(s); (b) The name, or allegations description, of the Officer alleged to have committed the action(s) under review; (c) The complete and specific nature of the allegation(s); (d) The complainant's signature, which shall be signed under penalty of perjury; (3) Officer shall be given, in writing, the disciplinary action(s) likely to be taken against him/her should the allegation(s) be sustained; (4) Preliminary discussions with citation supervisory personnel within the Police Department shall not include any questioning, or require the Officer to policies that may be implicated provide an oral or written response to the extent practical. The employee allegation(s) against him/her, and shall be given an opportunity strictly limited to; (a) Giving notice to provide information hethe Officer a complaint has been made against him/she deems relevant.her; B. If (b) Providing a copy of the employee complaint(s) to the Officer; (c) Placing the Officer on administrative leave, pending the results of the investigation, should it be warranted; (5) Officer shall be provided, in writing, the name of the person(s) or Agency assigned to conduct, or assist in, the investigation; (6) Employer shall schedule such interviews, questioning, or interrogations no less than three (3) business days after Officer has reason been provided notification of such complaint(s), to believe that such a discussion might adversely affect hisallow him/her employment, he/she to obtain adequate representation; (7) Officer shall have the right to have consult a Lodge representative, attorney, or any other representative of his/her choice present.prior to being interviewed, questioned, or interrogated and to have such council or representation present during such event, or be represented by such directly; C. If the sheriff chooses to remove the accused employee from (8) During such interviews, questioning, or interrogations; (a) Officer shall be advised of his/her work assignment during rights, prior to commencement of any interview, questioning, or interrogation. (b) All questions directed to the investigationOfficer shall be asked by, the employee may and through, one (1) person at a time, and Officer shall be assigned duties not related allowed to answer each question to his/her normal work satisfaction; (c) All interviews, questioning, or interrogations shall be stationed at home. D. If limited in scope to activities, circumstances, or events pertaining directly to the charges are substantiated and disciplinary action is necessary, copies of all written reports, statements, and Officer's alleged misconduct or illegal activity which form the results basis of the investigation and are contained within the initial complaint; (d Interviews, questioning, or interrogation sessions shall be provided to the employee conducted for reasonable periods, and his/her representative. The specific policy or policies applicable to the conduct will be substantiated. E. If the charges are unfounded, not sustained or exonerated, notice shall be given timed to allow the employee within seven (7) days of Officer such personal necessities, breaks, rest periods, and meals as are requested by the decision. Documents related to such charges shall not be placed Officer and acceptable in the employee’s personnel file(s). F. Prior to being interviewed regarding an internal affairs investigation or allegations of a complaint for any reasonnormal, which could lead to disciplinary action: 1. An employee shall be informed of the nature of the investigation or allegations of the complaint whether he/she is a witness or a subject, if and when known; and, if a subject, be informed and be given copies of any other information necessary to reasonably apprise him/her of the nature of the allegations of the complaint, unless to do so would jeopardize the credibility of the investigation. 2. An employee shall be afforded an opportunity and facilities to contact and consult privately with a representative of the Federation. 3. Whenever delay in conducting the interview will not jeopardize the successful accomplishment of the investigation or when criminal culpability is not at issue, advance notice shall be given the employee not less than twenty-four (24) hours before the initial interview commences. 4. An employee shall be provided copies of any prior interviews the employee may have given during the current internal affairs investigation. G. During any non-criminal investigation, which is an internal affairs interview, the representative of the employee shall be allowed to counsel the employee during the course of the interview. However, the representative shall not be disruptive of the interview. Also, the employee shall be allowed to take reasonable breaks during the course of the interview.professional setting;

Appears in 1 contract

Samples: Collective Bargaining Agreement

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Complaint Investigation. (a) The County will follow Xxxx shall within five (5) working days schedule a meeting with the Professional Standards Manualcomplainant and obtain all relevant details from him/her concerning the allegation(s) of discrimination/harassment. The Xxxx shall record and document all relevant details concerning the complaint. A. The sheriff or designee may investigate a complaint against an employee when the complaint is not of a criminal nature but concerns a violation of rules, policy or procedure. Not all complaints will be investigated and the sheriff or designee may make inquiries before investigating the complaint. The sheriff or designee shall notify the employee of the allegations and information sufficient to understand the nature of the allegations within (b) Within fifteen (15) working days of such meeting, the decision to investigate the complaint. The employee Xxxx shall receive ensure that a copy complete investigation of the complaint takes place. (c) In the course of carrying out the investigation, the Xxxx/Senior Director may interview individuals with relevant knowledge of the facts or allegations with citation to policies that may incident in issue. The notes summarizing the content of the interview(s) or, if available, the transcript of the interview(s) [which will include the name of individuals interviewed and name(s) of individual(s) referenced in the interview(s)], will be implicated provided to the extent practical. The employee shall be given an opportunity Union representative, after the completion of all interview(s) and prior to provide information hethe Xxxx/she deems relevant. B. If the employee has reason to believe that such a discussion might adversely affect Senior Director communicating his/her employmentdecision, for review and appropriate comment. Should the Union representative wish to provide comments upon receiving the above mentioned material, he/she shall have provide such comments to the right Xxxx/Senior Director within five (5) working days of receipt of the information. (d) On completion of the investigation and upon reviewing all the facts the Xxxx shall determine the appropriate course of action to have a representative of be taken, and he/she shall communicate in writing within ten (10) working days his/her choice present. C. If decision to the sheriff chooses to remove complainant which shall include a copy of the accused employee from his/her work assignment during report and will outline the investigationconclusion(s) drawn, decision(s) reached and action(s) which shall be taken concerning the employee may be assigned duties not related to his/her normal work or be stationed at home. D. If disposition of the charges are substantiated and disciplinary action is necessary, copies complaint. A copy of all written reports, statements, and the results of the investigation communication shall be provided forwarded to the employee and his/her representative. The specific policy or policies applicable to the conduct will be substantiatedAssistant Vice-President, Human Resources. E. If (e) Where the charges are unfoundedXxxx does not have jurisdictional authority over the respondent, not sustained the Xxxx shall involve the appropriate administrative or exonerated, notice shall be given to the employee within seven (7) days of the decision. Documents related to such charges shall not be placed academic line manager in the employee’s personnel file(s). F. Prior to being interviewed regarding an internal affairs investigation or allegations of a complaint for any reason, which could lead to disciplinary action: 1. An employee shall be informed of the nature of the investigation or allegations of the complaint whether he/she is a witness or a subject, if and when known; and, if a subject, be informed and be given copies of any other information necessary to reasonably apprise him/her of the nature of the allegations of the complaint, unless to do so would jeopardize the credibility of the investigation. 2. An employee shall be afforded an opportunity and facilities to contact and consult privately with a representative of the Federation. 3. Whenever delay in conducting the interview will not jeopardize the successful accomplishment of the investigation or when criminal culpability is not at issue, advance notice shall be given the employee not less than twenty-four (24) hours before the initial interview commences. 4. An employee shall be provided copies of any prior interviews the employee may have given during the current internal affairs investigation. G. During any non-criminal investigation, which is an internal affairs interview, the representative of the employee shall be allowed to counsel the employee during the course of the interview. However, the representative shall not be disruptive of the interview. Also, the employee shall be allowed to take reasonable breaks during the course of the interview.

Appears in 1 contract

Samples: Collective Agreement

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