Common use of Conduct of Investigations Clause in Contracts

Conduct of Investigations. ‌ (a) The City shall not reinvestigate any incident that was previously investigated by an appropriate authority unless there is reasonable belief the new information is available. An appropriate authority is defined as the Chief, Assistant Chief, Internal Affairs Officer or such other person expressly designated by the Chief of Police to conduct a specific investigation. (b) Unless specifically authorized in writing by the City Manager, no complaint of misconduct or allegation of any misconduct concerning any incident or event which occurred five (5) years prior to the date the complaint or allegation became known to the Department shall be made the subject of an investigation or informal inquiry. (c) Any internal investigation or informal inquiry shall be completed in a reasonable period of time. The parties herein agree a reasonable period of time shall be deemed to be no longer than 180 days after the receipt of the complaint. Mutual agreements for extensions will be allowed if the City can show due diligence in the processing of the investigation. Nothing in this section shall apply to any investigation of allegations of criminal wrongdoing by an officer. (d) At least seventy two (72) hours prior to the interrogation of an officer, the officer shall be informed in writing of the name of the person conducting the investigation. (e) Disciplinary action based on the complaint shall be commenced no later than forty-five (45) days after completion of the investigation. (f) The officer shall be notified in writing of the findings of the investigation or informal inquiry within fifteen (15) days after the completion of the investigation. (g) The provisions of 50 ILCS 725/1 et seq. shall apply to all disciplinary investigations of conduct by an officer except to the extent to which the provisions of this Agreement provide specifically to the contrary. (h) Nothing in this Section shall apply to questions from a superior officer in the course of performing his normal day-to-day supervisory duties. (i) Officers shall be notified of all exculpatory evidence known to the City within a reasonable time of its discovery by the person conducting the investigation on behalf of the City. (j) The City shall notify the Union of any books, papers, documents, charts, logs, handwritten logs, memoranda, photographs or tangible objects which the City or its agents intend to use in any disciplinary hearing upon appropriate request by the officer or the officer’s representative. (k) There shall be no off-the-record questions asked of the officer during a formal interrogation.

Conduct of Investigations. ‌‌ Investigations shall be conducted in accordance with the provisions of the Uniform Peace Officers Disciplinary Act. Employees shall be informed in writing of their rights under said Act and of their constitutional rights as dictated by current decisions of the U. S. Supreme Court prior to any interrogation. From the date an employee is notified of an investigation the department will, every thirty (30) days, give a written status report to the employee. (a) The City shall determine that an investigation will not reinvestigate any incident that be conducted if an investigation was previously investigated by an appropriate authority unless conducted based on identical allegations and when there is no reasonable belief the likelihood that new information is available. An appropriate authority is defined as available regarding the Chief, Assistant Chief, Internal Affairs Officer allegations. b) Anonymous complaints shall not normally be made the subject of a formal inquiry or such other person expressly designated by the Chief of Police to conduct a specific internal investigation. (bc) Unless specifically authorized in writing by the City Manager, no complaint of misconduct or allegation of any misconduct concerning any incident or event which occurred five (5) years prior to the date the complaint or allegation became known to the Department department shall be made the subject of an investigation or informal inquiry. (cd) Any internal investigation or informal inquiry shall be completed in a reasonable period of time. The parties herein agree a reasonable period of time shall be deemed to be no longer than 180 days after the receipt of the complaint. Mutual agreements for extensions will be allowed if the City can show due diligence in the processing of the investigation. Nothing in this section shall apply to any investigation of allegations of criminal wrongdoing by an officeremployee. (de) At least seventy two (72) hours prior to the interrogation of an officeremployee, the officer employee shall be informed informed, in writing writing, of the name of the person conducting the investigation. (ef) Disciplinary action based on the complaint shall be commenced no later than forty-five (45) days after completion of the investigation. (fg) The officer employee shall be notified notified, in writing writing, of the findings of the investigation or informal inquiry within fifteen (15) days after the completion of the investigation. (gh) The provisions of 50 ILCS 725/1 et et. seq. shall apply to all disciplinary investigations of conduct by of an officer employee except to the extent to which the provisions of this Agreement provide specifically to the contrary. (hi) Nothing in this Section section shall apply to questions from a superior officer in the course of performing his normal day-to-day supervisory duties. (ij) Officers Employees may conduct an investigation into other members of the bargaining unit, however, an employee who is asked to conduct such an investigation may be excused from such duty assignment upon showing reasonable cause. k) Employees shall be notified of all exculpatory evidence known to the City within a reasonable time of its discovery by the person conducting the investigation on behalf of on the City. (jl) The City shall notify the Union of any books, papers, documents, charts, logs, handwritten logs, memoranda, photographs photographs, or tangible objects which the City or its agents intend intends to use in any disciplinary hearing upon appropriate request by the officer employee or the officeremployee’s representative. (km) There shall be no off-the-record questions asked of the officer member during a formal interrogation.

Conduct of Investigations. ‌Investigations shall be conducted in accordance with the provisions of the Uniform Peace Officers Disciplinary Act and the provision of this agreement. Officers shall be informed in writing of their rights under said Act and of their constitutional rights as dictated by current decisions of the U.S. Supreme Court prior to any interrogation. From the date an officer is notified of an investigation the department will, every thirty (30) days, give a written status report to the officer. If an officer is questioned by a superior officer in the course of a formal or informal investigation and the officer reasonably believes the questioning may lead to his or her discipline, the officer may request union representation. In that event, the interview shall be delayed to provide the officer reasonable opportunity to obtain that representation. (a) The City shall not reinvestigate any incident that was previously investigated by an appropriate authority unless there is reasonable belief the new information is available. An appropriate authority is defined as the Chief, Assistant Chief, Internal Affairs Officer or such other person expressly designated by the Chief of Police to conduct a specific investigation. (b) Unless specifically authorized in writing by the City Manager, no complaint of misconduct or allegation of any misconduct concerning any incident or event which occurred five (5) years prior to the date the complaint or allegation became known to the Department shall be made the subject of an investigation or informal inquiry. (c) Any internal investigation or informal inquiry shall be completed in a reasonable period of time. The parties herein agree a reasonable period of time shall be deemed to be no longer than 180 days after the receipt of the complaint. Mutual agreements for extensions will be allowed if the City can show due diligence in the processing of the investigation. Nothing in this section shall apply to any investigation of allegations of criminal wrongdoing by an officer. (d) At least seventy two (72) hours prior to the interrogation of an officer, the officer shall be informed in writing of the name of the person conducting the investigation. (e) Disciplinary action based on the complaint shall be commenced no later than forty-five (45) days after completion of the investigation. (f) The officer shall be notified in writing of the findings of the investigation or informal inquiry within fifteen (15) days after the completion of the investigation. (g) The provisions of 50 ILCS 725/1 et seq. shall apply to all disciplinary investigations of conduct by an officer except to the extent to which the provisions of this Agreement provide specifically to the contrary. (h) Nothing in this Section shall apply to questions from a superior officer in the course of performing his normal day-to-day supervisory duties. (i) Officers shall be notified of all exculpatory evidence known to the City within a reasonable time of its discovery by the person conducting the investigation on behalf of the City. (j) The City shall notify the Union of any books, papers, documents, charts, logs, handwritten logs, memoranda, photographs or tangible objects which the City or its agents intend to use in any disciplinary hearing upon appropriate request by the officer or the officer’s representative. (k) There shall be no off-the-record questions asked of the officer during a formal interrogation.