Common use of Conduct of Disciplinary Investigations Clause in Contracts

Conduct of Disciplinary Investigations. Supplementing all rights and processes due employees covered by this Agreement who may be the subject of a disciplinary investigation by the Inspector General, the interview will be conducted in the following manner: A. The interview of the employee shall be scheduled at a reasonable time, preferably while the employee is on duty, or if feasible, during day shift hours. B. The interview, depending upon the allegation, will take place at the employee's location of assignment, normal department location or other appropriate location. C. Prior to an interview, the employee under investigation shall be informed of the person in charge of the investigation, the identity of the interviewer and all persons present during the interview. When a formal statement is being taken, all questions directed to the employee shall be asked by and through one interviewer at a time. D. The length of the interview sessions will be reasonable, with reasonable interruptions permitted for personal necessities. E. At the beginning of the interview, the employee shall be informed of the nature of the matters to be discussed. F. An employee under investigation shall not be threatened with transfer, dismissal or disciplinary action, or promised a reward, as an inducement to provide information relating to the matter under investigation, or for exercising any rights contained in this Agreement, provided, however, that this Section shall not prohibit or prevent an accurate reading of the employee's administrative rights, or the imposition of discipline in accordance therewith. G. An employee under investigation will be provided without unreasonable delay with a copy of any written statement the employee has made. (1) If the allegation under investigation indicates a recommendation for discipline is probable against the employee, said employee will be given the statutory administrative proceedings rights prior to the commencement of the interview. (2) If the allegation indicates that criminal prosecution may be probable against said employee, the provisions of this Section shall be inapplicable and said employee will be afforded his constitutional rights concerning self- incrimination prior to the commencement of the interview. An employee will not be read his/her administrative and Miranda rights during the same interview. I. At the request of the employee under investigation, an employee who may be subject to discipline shall have the right to be represented in the interview by a representative of the Union. The employee shall be told that he/she has the right to Union representation before commencement of the interview. The interrogation shall be suspended until representation can be obtained, provided the suspension is not for an unreasonable time and the Employer does not have the interview unduly delayed. J. The Employer shall not compel an employee under investigation to speak or testify before, or to be questioned by, any non-governmental agency relating to any matter or issue under investigation. K. The results of a polygraph examination shall not be used against an employee in any forum adverse to the employee's interests. The Employer will not require a polygraph examination if it is illegal to do so. If an employee is asked to take a polygraph examination, he/she will be advised in writing 24 hours prior to the administration of the examination. The results of any polygraph examination shall be known to the employee within one week. L. This Section shall not apply to employee witnesses. M. The identity of an employee under investigation shall not be made available to the media during the course of an investigation until charges are filed by the Employer and the employee has the opportunity to respond thereto. If an employee is exonerated after the City initially informed the media of the charges against the employee, the City will make that fact available to the media where the employee requests it. N. In the event that disciplinary action is taken against an employee, any allegations of violations of this Section shall be heard in connection with, and in the same forum as, grievances which protest said disciplinary action, except as provided in paragraph O(2) below. If no disciplinary action is brought against the employee following the conclusion of the Inspector General's investigation, no grievance concerning the conduct of the investigation shall exist. (1) Any evidence or information including employee statements that is obtained in violation of the rights enumerated in this Section, shall be suppressed and shall not be used by the Employer for any disciplinary action against the employee, or in the case of promotions or transfers. (a) Notwithstanding the provisions of paragraph N above, at the option of the Union, a claim that the Inspector General has violated the provisions of this Section may be raised in a suppression hearing before a member of the permanent hearing panel listed herein, rather than in the disciplinary hearing as required in paragraph N above.

Conduct of Disciplinary Investigations. Supplementing all rights and processes due employees covered by this Agreement who may be the subject of a disciplinary investigation by the Inspector General, the interview will be conducted in the following manner: A. The interview of the employee shall be scheduled at a reasonable time, preferably while the employee is on duty, or if feasible, during day shift hours. B. The interview, depending upon the allegation, will take place at the employee's location of assignment, normal department location or other appropriate location. C. Prior to an interview, the employee under u nder investigation shall be informed of the person in charge of the investigation, the identity of the interviewer and all persons present during the interview. When a formal statement is being taken, all questions directed to the employee shall be asked by and through one interviewer at a time. D. The length of the interview sessions will be reasonable, with reasonable interruptions permitted for personal necessities. E. At the beginning of the interview, the employee shall be informed of the nature of the matters to be discussed. F. An employee under investigation shall not be threatened with transfer, dismissal or disciplinary action, or promised a reward, as an inducement to provide information relating to the matter under investigation, or for exercising any rights contained in this Agreement, provided, however, that this Section shall not prohibit or prevent an accurate reading of the employee's administrative rights, or the imposition of discipline in accordance therewith. G. An employee under investigation will be provided without unreasonable delay with a copy of any written statement the employee has made. (1) If the allegation under investigation indicates a recommendation for discipline is probable against the employee, said employee will be given the statutory administrative proceedings rights prior to the commencement of the interview.statutory (2) If the allegation indicates that criminal prosecution may be probable against said employee, the provisions of this Section shall be inapplicable and said employee will be afforded his constitutional rights concerning self- self-incrimination prior to the commencement of the interview. An employee will not be read his/her administrative and Miranda rights during the same interview. I. At the request of the employee under investigation, an employee who may be subject to discipline shall have the right to be represented in the interview by a representative of the Union. The employee shall be told that he/she has the right to Union representation before commencement of the interview. The interrogation shall be suspended until representation can be obtained, provided the suspension is not for an unreasonable time and the Employer does not have the interview unduly delayed. J. The Employer shall not compel an employee under investigation to speak or testify before, or to be questioned by, any non-non- governmental agency relating to any matter or issue under investigation. K. . The results of a polygraph examination shall not be used against an employee in any forum adverse to the employee's interests. The Employer will not require a polygraph examination if it is illegal to do so. If an employee is asked to take a polygraph examination, he/she will be advised in writing 24 hours prior to the administration of the examination. The results of any polygraph examination shall be known to the employee within one week. L. This Section shall not apply to employee witnesses. M. The identity of an employee under investigation shall not be made available to the media during the course of an investigation until charges are filed by the Employer and the employee has the opportunity to respond thereto. If an employee is exonerated after the City initially informed the media of the charges against the employee, the City will make that fact available to the media where the employee requests it. N. In the event that disciplinary action is taken against an employee, any allegations of violations of this Section shall be heard in connection with, and in the same forum as, grievances which protest said disciplinary action, except as provided in paragraph O(20(2) below. If no disciplinary action is brought against the employee following the conclusion of the Inspector General's investigation, no grievance concerning the conduct of the investigation shall exist. (1) Any evidence or information including employee statements that is obtained in violation of the rights enumerated in this Section, shall be suppressed and shall not be used by the Employer for any disciplinary action against the employee, or in the case of promotions or transfers. (2) (a) Notwithstanding the provisions of paragraph N above, at the option of the Union, a claim that the Inspector General has violated the provisions of this Section may be raised in a suppression hearing before a member of the permanent hearing panel listed herein, rather than in the disciplinary hearing as required in paragraph N above.

Conduct of Disciplinary Investigations. Supplementing all rights and processes due employees covered cov- ered by this Agreement who may be the subject of a disciplinary investigation by the Inspector General, the interview will be conducted con- ducted in the following manner: A. The interview of the employee shall be scheduled at a reasonable rea- sonable time, preferably while the employee is on duty, or if feasiblefea- sible, during day shift hours. B. The interview, depending upon the allegation, will take place at the employee's ’s location of assignment, normal department location lo- cation or other appropriate location. C. Prior to an interview, the employee under investigation shall be informed of the person in charge of the investigation, the identity iden- tity of the interviewer and all persons present during the interview. When a formal statement is being taken, all questions directed to the employee shall be asked by and through one interviewer at a time. D. The length of the interview sessions will be reasonable, with reasonable interruptions permitted for personal necessities. E. At the beginning of the interview, the employee shall be informed in- formed of the nature of the matters to be discussed. F. An employee under investigation shall not be threatened with transfer, dismissal or disciplinary action, or promised a reward, as an inducement to provide information relating to the matter under investigation, or for exercising any rights contained in this AgreementAgree- ment, provided, however, that this Section shall not prohibit or prevent pre- vent an accurate reading of the employee's ’s administrative rights, or the imposition of discipline in accordance therewith. G. An employee under investigation will be provided without unreasonable un- reasonable delay with a copy of any written statement the employee em- ployee has made. (1) If the allegation under investigation indicates a recommendation recom- mendation for discipline is probable against the employee, said employee will be given the statutory administrative proceedings rights prior to the commencement of the interview. (2) If the allegation indicates that criminal prosecution may be probable against said employee, the provisions of this Section Sec- tion shall be inapplicable and said employee will be afforded his constitutional rights concerning self- self-incrimination prior to the commencement of the interview. An employee will not be read his/her administrative and Miranda rights during the same interviewin- terview. I. At the request of the employee under investigation, an employee em- ployee who may be subject to discipline shall have the right to be represented in the interview by a representative of the Union. The employee shall be told that he/she has the right to Union representation repre- sentation before commencement of the interview. The interrogation interroga- tion shall be suspended until representation can be obtained, provided the suspension is not for an unreasonable time and the Employer does not have the interview unduly delayed. J. The Employer shall not compel an employee under investigation investi- gation to speak or testify before, or to be questioned by, any non-non- governmental agency relating to any matter or issue under investigation. K. The results of a polygraph examination shall not be used against an employee in any forum adverse to the employee's interests’s in- terests. The Employer will not require a polygraph examination if it is illegal to do so. If an employee is asked to take a polygraph examination, he/she will be advised in writing 24 hours prior to the administration of the examination. The results of any polygraph examination shall be known to the employee within one week. L. This Section shall not apply to employee witnesses. M. The identity of an employee under investigation shall not be made available to the media during the course of an investigation until charges are filed by the Employer and the employee has the opportunity to respond thereto. If an employee is exonerated after the City initially informed the media of the charges against the employeeem- ployee, the City will make that fact available to the media where the employee requests it. N. In the event that disciplinary action is taken against an employeeem- ployee, any allegations of violations of this Section shall be heard in connection with, and in the same forum as, grievances which protest said disciplinary action, except as provided in paragraph O(2) below. If no disciplinary action is brought against the employee em- ployee following the conclusion of the Inspector General's investigation’s inves- tigation, no grievance concerning the conduct of the investigation shall exist. (1) Any evidence or information including employee statements state- ments that is obtained in violation of the rights enumerated in this SectionSection 4.3, shall be suppressed and shall not be used by the Employer Em- ployer for any disciplinary action against the employee, or in the case of promotions or transfers. (a) Notwithstanding the provisions of paragraph N above, at the option of the Union, a claim that the Inspector General has violated vi- olated the provisions of this Section may be raised in a suppression suppres- sion hearing before a member of the permanent hearing panel listed herein, rather than in the disciplinary hearing as required in paragraph N above.

Conduct of Disciplinary Investigations. Supplementing all rights and processes due employees covered by this Agreement who may be the subject of a disciplinary investigation by the Inspector General, the interview will be conducted in the following manner: A. The interview of the employee shall be scheduled at a reasonable time, preferably while the employee is on duty, or if feasible, during day shift hours. B. The interview, depending upon the allegation, will take place at the employee's location of assignment, normal department location or other appropriate location. C. Prior to an interview, the employee under investigation shall be informed of the person in charge of the investigation, the identity of the interviewer and all persons present during the interview. When a formal statement is being taken, all questions directed to the employee shall be asked by and through one interviewer at a time. D. The length of the interview sessions will be reasonable, with reasonable interruptions permitted for personal necessities. E. At the beginning of the interview, the employee shall be informed of the nature of the matters to be discussed. F. An employee under investigation shall not be threatened with transfer, dismissal or disciplinary action, or promised a reward, as an inducement to provide information relating to the matter under investigation, or for exercising any rights contained in this Agreement, provided, however, that this Section shall not prohibit or prevent an accurate reading of the employee's administrative rights, or the imposition of discipline in accordance therewith. G. An employee under investigation will be provided without unreasonable delay with a copy of any written statement the employee has made. (1) If the allegation under investigation indicates a recommendation for discipline is probable against the employee, said employee will be given the statutory administrative proceedings rights prior to the commencement of the interview. (2) If the allegation indicates that criminal prosecution may be probable against said employee, the provisions of this Section shall be inapplicable and said employee will be afforded his constitutional rights concerning self- self-incrimination prior to the commencement of the interview. An employee will not be read his/her administrative and Miranda rights during the same interview. I. At the request of the employee under investigation, an employee who may be subject to discipline shall have the right to be represented in the interview by a representative of the Union. The employee shall be told that he/she has the right to Union representation before commencement of the interview. The interrogation shall be suspended until representation can be obtained, provided the suspension is not for an unreasonable time and the Employer does not have the interview unduly delayed. J. The Employer shall not compel an employee under investigation to speak or testify before, or to be questioned by, any non-governmental agency relating to any matter or issue under investigation. K. . The results of a polygraph examination shall not be used against an employee in any forum adverse to the employee's interests. The Employer will not require a polygraph examination if it is illegal to do so. If an employee is asked to take a polygraph examination, he/she will be advised in writing 24 hours prior to the administration of the examination. The results of any polygraph examination shall be known to the employee within one week. L. K. This Section shall not apply to employee witnesses. M. L. The identity of an employee under investigation shall not be made available to the media during the course of an investigation until charges are filed by the Employer and the employee has the opportunity to respond thereto. If an employee is exonerated after the City initially informed the media of the charges against the employee, the City will make that fact available to the media where the employee requests it. N. M. In the event that disciplinary action is taken against an employee, any allegations of violations of this Section shall be heard in connection with, and in the same forum as, grievances which protest said disciplinary action, except as provided in paragraph O(2N(2) below. If no disciplinary action is brought against the employee following the conclusion of the Inspector General's investigation, no grievance concerning the conduct of the investigation shall exist. (1) Any evidence or information including employee statements that is obtained in violation of the rights enumerated in this Section, shall be suppressed and shall not be used by the Employer for any disciplinary action against the employee, or in the case of promotions or transfers. (a) Notwithstanding the provisions of paragraph N above, at the option of the Union, a claim that the Inspector General has violated the provisions of this Section may be raised in a suppression hearing before a member of the permanent hearing panel listed herein, rather than in the disciplinary hearing as required in paragraph N above.