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.
Appears in 3 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement
