Criminal Investigations. If the Bureau questions an officer during a criminal investigation of one of its officers, it shall advise the member of the criminal nature of the investigation and whether the member is a suspect or a witness before interviewing the member. The preceding sentence shall not apply to covert or undercover investigations. If the member is a witness, the member shall be informed of and afforded the right to Association representation during any interview. Investigations of the use of deadly force by members shall be conducted pursuant to G.O. 1010.10.
Criminal Investigations. This article shall not apply to criminal investigations conducted by the Department. In such criminal investigations, the following procedures shall be followed prior to the commencement of the interview:
(1) The investigator shall notify the employee of the criminal nature of the investigation; (2) The investigator shall notify the employee that a refusal to answer questions asked by the investigator will not be a basis for disciplinary action against the employee. The employee has the right to not participate in the interview, and the right to terminate the interview, without resulting discipline.
Criminal Investigations. A bargaining unit member who is to be questioned as suspect in any investigation where criminal charges may result shall be advised of his constitutional rights in accordance with the law. Any employee under indictment, arrested for a crime, or otherwise charged with the violation of any criminal statute who is not disciplined or discharged by the Employer, may be placed on a leave of absence without pay until resolution of such charges. An employee may use accrued vacation or holiday time during the leave. An employee who is found guilty by any court of competent jurisdiction or who enters into a plea Agreement as a consequence of any criminal charges shall be summarily discharged, notwithstanding any appeal the employee may pursue. Alternatively, the Employer may take disciplinary action against the employee which action shall be subject to appeal by the employee pursuant to the provisions of this Agreement.
Criminal Investigations. The Chief, after consultation with OPA will determine the appropriate investigative unit with expertise in the type of criminal conduct alleged to conduct the criminal investigation and the associated interviews of the named employee(s), witness employee(s) and other witnesses. Unless otherwise required by law, while there is a presumption that criminal investigations will be performed by the City of Seattle, investigations may be sent to other agencies to be performed on behalf of the City in cases of a potential conflict of interest or other extenuating/unusual circumstances. In the event the Chief decides to have the Department conduct a criminal investigation internally despite the objection of OPA, the Chief will provide a written statement of the material reasons for the decision to the Mayor and the City Council President. OPA will not conduct criminal investigations. OPA and specialty unit investigators conducting the investigation may communicate about the status and progress of the criminal investigation, but OPA will not direct or otherwise influence the conduct of the criminal investigation. In the discretion of the Department, simultaneous OPA and criminal investigations may be conducted. In the event the Department is conducting an OPA investigation while the matter is being considered by a prosecuting authority, the 180-day timeline provision continues to run. The criminal investigation shall become part of the administrative investigation. The Chief of Police may, at his/her discretion, request that an outside law enforcement agency conduct a criminal investigation.
Criminal Investigations. All employees subject to criminal investigation shall be provided the same constitutional and statutory safeguards afforded to all citizens.
Criminal Investigations. Unless otherwise directed by Washington State Public Disclosure laws, when the investigation results in criminal charges being filed, after the investigation is complete, the Employee will be given an opportunity to review the reports of the investigation with the names of all witnesses and complainants that will appear against him/her. This obligation shall continue even if criminal charges have been filed against the Employee, according to current public disclosure laws. This article shall not apply to criminal investigations conducted by the Employer. In such criminal investigations, the Employee’s refusal to answer questions asked by the investigator will not be a basis for disciplinary action against the Employee by the Employer. The Employee has the right to not participate in the interview or the investigation and the right to terminate the interview without resulting in discipline.
Criminal Investigations. If, during the course of any investigation, it becomes apparent that the employee's alleged conduct may amount to criminal activity, the Department shall determine whether to refer the matter for criminal investigation. During the pendency of any criminal investigation, management may suspend the administrative investigation and may elect either to place the employee on administrative leave, with pay, or it may elect to take appropriate disciplinary action based on the information gathered independently from the criminal investigation.
Criminal Investigations. A. If the filing of criminal charges is contemplated or if the officer becomes a suspect of a criminal act during the interview, the Investigating Officer shall advise the officer:
1. Of the nature of the charges.
2. That the Chief of Police may relieve him of duty pending a hearing.
3. Of his right to remain silent and that anything he may say, can and will, be used against him in court.
4. And allow the accused time to obtain counsel to be present during the interview.
5. Of his right to cease answering questions and invoke his Constitutional rights at any time.
B. Any criminal investigation of an accused officer shall conform to established Constitutional principles.
Criminal Investigations. A. In the event of a criminal investigation of an Association member, all constitutional protections shall apply. No negative inference shall be drawn from the exercise of the constitutional right against self- incrimination.
B. OPA will not conduct criminal investigations. While OPA will not direct or otherwise influence the conduct of a criminal investigation, OPA may communicate with the criminal investigators and/or prosecutors about the status and progress of a criminal investigation. In the discretion of the OPA Department, simultaneous OPA and criminal investigations may be conducted. In the event the Department is conducting an OPA investigation while the matter is being considered by a prosecuting authority, the 180-day timeline provision continues to run. Additionally, in the case of concurrent investigations, OPA may coordinate with the criminal investigators and prosecutors regarding administrative investigatory details, such as witness interview scheduling or review of evidence articles. In the case of criminal allegations, OPA (after consulting with the Investigations Bureau Chief) shall identify the appropriate investigative unit outside of OPA with expertise in the type of criminal conduct alleged to conduct the criminal investigation and the associated interviews of the named employee(s), witness employee(s) and other witnesses. The criminal investigation shall become part of the administrative investigation. The OPA may, at its discretion, recommend to the Chief of Police that an outside law enforcement agency conduct a criminal investigation.
Criminal Investigations.
(1) The investigator shall notify the employee of the criminal nature of the investigation; (2) The investigator shall notify the employee that a refusal to answer questions asked by the investigator will not be a basis for disciplinary action against the employee. The employee has the right to not participate in the interview, and the right to terminate the interview, without resulting discipline.
