DEPARTMENTAL INVESTIGATION. When a complaint is filed that leads to an investigation involving a bargaining unit employee Department Management shall conduct as comprehensive an investigation as it deems necessary. Bargaining unit members shall fully cooperate in all aspects of such investigations. All investigations shall be conducted in a fair and reasonable manner. If employee is the subject of the investigation, the employee is entitled to be interviewed, with union representation present as part of the investigation, prior to the final determination of guilt or innocence of the employee and imposition of a penalty.
DEPARTMENTAL INVESTIGATION. SECTION A. Whenever any complaint or charge shall be brought against an employee from external or internal sources which focuses the investigation upon an employee, who is covered by this agreement under such circumstances that if the facts alleged to be true, the employee would be guilty of the commission of the crime or offense under the State or Federal law or a traffic violation involving death or serious injury of a citizen, the following procedure shall be established for the obtaining of statements in connection with said complaint and the employee shall specifically have the right to representation by the Association at every stage of the proceeding:
1. The employee shall be given a summary of the charges against him.
2. Before he is interrogated or required to make any statement, he shall be allowed the opportunity to obtain the advice of counsel.
3. Any order to make a statement shall be a written order, the violation of which would constitute grounds for disciplinary action by the Department.
4. The order and the statement shall be considered a private record and shall not be made available, except under judicial subpoena, to any other agent or agency without the consent of the employee. Nothing in the foregoing procedure shall limit the right of the Department to use such statement for Department disciplinary purposes.
SECTION B. The summary referred to in paragraph l above, shall set forth the name of the complainant, the time, date, place at which the alleged offense or incident occurred, and a description of the offense or incident.
SECTION C. It is understood that the Employer may request an employee to submit to examination questioning or interrogation by polygraph; however, no disciplinary action of any kind shall be taken against said officer for his refusal to take such tests. It is specifically agreed that employees shall never be ordered to take such a test unless and until it is declared by the Courts of the State of Michigan that evidence or information obtained in this manner is acceptable to aid in proving guilt or innocence. Such polygraph, if administered, will be administered by the Michigan State Police.
DEPARTMENTAL INVESTIGATION. At the request of any officer in an interview with the Chief of Police or his/her representative, where the subject of said interview is potential or possible discipline against said officer, the officer shall have the right to have a non-attorney union representative present. An officer has the right to be represented by an attorney, at the officer’s own expense, when the officer is required to appear at a meeting or hearing at which the Town is represented by an attorney.
DEPARTMENTAL INVESTIGATION. It is understood that, notwithstanding an election by the Firefighter to follow the procedures of Steps 2 and 3 above, the Department may investigate the facts surrounding the grievance in any manner it deems appropriate, subject to the terms of this Agreement, including the conduct of a hearing as authorized pursuant to Section 75 of the Civil Service Law. However, should the Chief, in his discretion, decide to hold such a hearing, the Firefighter under investigation shall not be bound by the results of said hearing, nor shall he be obligated to appear in person or by counsel. Counsel for the Association shall have the right to examine the transcript and exhibits of the Section 75 hearing, if held, and to make copies thereof at the Association’s expense.
DEPARTMENTAL INVESTIGATION. SECTION A. Whenever any complaint or charge shall be brought against an employee from external or internal sources which focuses the investigation upon an employee, who is covered by this Agreement under such
1. The employee shall be given a summary of the charges against him.
2. Before he is interrogated or required to make any statement, he shall be allowed the opportunity to obtain the advice of counsel.
3. Any order to make a statement shall be a written order, the violation of which would constitute grounds for disciplinary action by the Department.
4. The order and the statement shall be considered a private record and shall not be made available, except under judicial subpoena, to any other agent or agency without the consent of the employee. Nothing in the foregoing procedure shall limit the right of the Department to use such statement for Department disciplinary purposes.
SECTION B. The summary referred to in paragraph 1 above, shall set forth the name of the
SECTION C. It is understood that the Employer may request an employee to submit to examination questioning or interrogation by polygraph; however, no disciplinary action of any kind shall be taken against said officer for his refusal to take such tests. It is specifically agreed that employees shall never be ordered to take such a test unless and until it is declared by the appellate courts of the State of Michigan, from whose decision no appeal is taken, that evidence or information obtained in this manner is acceptable to aid in proving guilt or innocence.
