Disciplinary Examinations of Fire Investigators. The following provisions shall apply only to disciplinary examinations involving a Fire Investigator’s use or exercise of police authority: 1. Prior to any interview or examination of a Fire Investigator, for which there may be criminal or civil implications24, the Fire Investigator shall be advised of the nature of the investigation. 2. At the request of the Fire Investigator under investigation for conduct that may have criminal or civil implications, the Fire Investigator shall have the right to be represented by counsel or any other representative of his or her choosing. The employee’s counsel or other representative of his or her choosing may, in the discretion of the employee, be present at any interview or examination connected to an investigation for conduct that the Employer reasonably believes may result in a criminal investigation/charge or a civil action. 3. If the Fire Investigator requests to be represented at such an examination having criminal or civil implications, the Employer will afford the Fire Investigator a reasonable amount of time to arrange for representation, normally forty-eight (48) hours. 4. If a Fire Investigator is examined as a witness or third-party, and it becomes evident that the Fire Investigator may be implicated in conduct for which there may be criminal or civil implications, the Fire Investigator shall have the right, upon request, to be represented by counsel or a representative of his or her choosing.
Appears in 2 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement
Disciplinary Examinations of Fire Investigators. The following provisions shall apply only to disciplinary examinations involving a Fire Investigator’s use or exercise of police authority:
1. Prior to any interview or examination of a Fire Investigator, for which there may be criminal or civil implications24implications16, the Fire Investigator shall be advised of the nature of the investigation.
2. At the request of the Fire Investigator under investigation for conduct that may have criminal or civil implications, the Fire Investigator shall have the right to be represented by counsel or any other representative of his or her choosing. The employee’s counsel or other representative of his or her choosing may, in the discretion of the employee, be present at any interview or examination connected to an investigation for conduct that the Employer reasonably believes may result in a criminal investigation/charge or a civil action.
3. If the Fire Investigator requests to be represented at such an examination having criminal or civil implications, the Employer will afford the Fire Investigator a reasonable amount of time to arrange for representation, normally forty-eight (48) hours. 16 For purposes of this Section, the phrase “criminal or civil implications” means that the conduct for which the Fire Investigator is being interviewed or examined, if established, would likely result in a criminal charge or a civil action being filed against the Fire Investigator.
4. If a Fire Investigator is examined as a witness or third-party, and it becomes evident that the Fire Investigator may be implicated in conduct for which there may be criminal or civil implications, the Fire Investigator shall have the right, upon request, to be represented by counsel or a representative of his or her choosing.
Appears in 2 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement
Disciplinary Examinations of Fire Investigators. The following provisions shall apply only to disciplinary examinations involving a Fire Investigator’s use or exercise of police authority:
1. Prior to any interview or examination of a Fire Investigator, for which there may be criminal or civil implications24implications23, the Fire Investigator shall be advised of the nature of the investigation.
2. At the request of the Fire Investigator under investigation for conduct that may have criminal or civil implications, the Fire Investigator shall have the right to be represented by counsel or any other representative of his or her choosing. The employee’s counsel or other representative of his or her choosing may, in the discretion of the employee, be present at any interview or examination connected to an investigation for conduct that the Employer reasonably believes may result in a criminal investigation/charge or a civil action.
3. If the Fire Investigator requests to be represented at such an examination having criminal or civil implications, the Employer will afford the Fire Investigator a reasonable amount of time to arrange for representation, normally forty-eight forty‐eight (48) hours.
4. If a Fire Investigator is examined as a witness or third-partythird‐party, and it becomes evident that the Fire Investigator may be implicated in conduct for which there may be criminal or civil implications, the Fire Investigator shall have the right, upon request, to be represented by counsel or a representative of his or her choosing.
Appears in 2 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement
Disciplinary Examinations of Fire Investigators. The following provisions shall apply only to disciplinary examinations involving a Fire Investigator’s use or exercise of police authority:
1. Prior to any interview or examination of a Fire Investigator, for which there may be criminal or civil implications24implications23, the Fire Investigator shall be advised of the nature of the investigation.
2. At the request of the Fire Investigator under investigation for conduct that may have criminal or civil implications, the Fire Investigator shall have the right to be represented by counsel or any other representative of his or her choosing. The employee’s counsel or other representative of his or her choosing may, in the discretion of the employee, be present at any interview or examination connected to an investigation for conduct that the Employer reasonably believes may result in a criminal investigation/charge or a civil action.
3. If the Fire Investigator requests to be represented at such an examination having criminal or civil implications, the Employer will afford the Fire Investigator a reasonable amount of time to arrange for representation, normally forty-eight (48) hours.
4. If a Fire Investigator is examined as a witness or third-party, and it becomes evident that the Fire Investigator may be implicated in conduct for which there may be criminal or civil implications, the Fire Investigator shall have the right, upon request, to be represented by counsel or a representative of his or her choosing.
Appears in 1 contract
Samples: Collective Bargaining Agreement
Disciplinary Examinations of Fire Investigators. The following provisions shall apply only to disciplinary examinations involving a Fire Investigator’s use or exercise of police authority:
1. Prior to any interview or examination of a Fire Investigator, for which there may be criminal or civil implications24implications17, the Fire Investigator shall be advised of the nature of the investigation.
2. At the request of the Fire Investigator under investigation for conduct that may have criminal or civil implications, the Fire Investigator shall have the right to be represented by counsel or any other representative of his or her choosing. The employee’s counsel or other representative of his or her choosing may, in the discretion of the employee, be present at any interview or examination connected to an investigation for conduct that the Employer reasonably believes may result in a criminal investigation/charge or a civil action.
3. If the Fire Investigator requests to be represented at such an examination having criminal or civil implications, the Employer will afford the Fire Investigator a reasonable amount of time to arrange for representation, normally forty-eight (48) hours.
4. If a Fire Investigator is examined as a witness or third-party, and it becomes evident that the Fire Investigator may be implicated in conduct for which there may be criminal or civil implications, the Fire Investigator shall have the right, upon request, to be represented by counsel or a representative of his or her choosing.
Appears in 1 contract
Samples: Collective Bargaining Agreement