Common use of Disciplinary Investigations Clause in Contracts

Disciplinary Investigations. Any Employee who will be interviewed concerning an act that, if proven, could reasonably result in disciplinary action against him or her, will be afforded the following safeguards: 1. The Employee will be informed prior to the interview if the Employer believes the Employee is a subject in an inquiry that may lead to disciplinary action. 2. Prior to an interview where the Employer may impose an economic sanction upon the Employee as a result of the underlying incident, the Employee will be informed of the nature of the investigation and allegations and afforded the opportunity to consult with a Guild representative. If, after the complainant is interviewed regarding an action or inaction of an Employee, and further investigation is deemed necessary, the Employee shall be notified, orally or in writing, of the complaint as soon as is practicable. This requirement will not apply where the Employee is under investigation for violations that are punishable as felonies or misdemeanors under Washington law. Also, the Employee will not be notified if doing so would jeopardize either the criminal or administrative investigation. The officer may have a Guild representative present to witness the interview provided the representative does not participate in the interview. However, the interview may not be unduly delayed awaiting an unavailable Guild representative when other Guild representatives are available. 3. Interviews shall take place at Police Employer facilities or elsewhere if mutually agreed, unless an emergency exists which requires the interview to be conducted elsewhere. 4. The Employer shall make a reasonable good faith effort to conduct these interviews during the Employee’s regularly scheduled shift, except in cases involving exigent circumstances. 5. The Employee will be required to answer any questions involving noncriminal matters under investigation and will be afforded all rights and privileges to which he/she is entitled under the collective bargaining agreement and Employer rules and regulations. Prior to any questioning, where there is reasonable suspicion to believe the Employee may be the focus of an internal investigation, the Employee shall be notified in writing and acknowledge receipt of the following: “You are about to be questioned as part of an internal investigation being conducted by the Employer. You are hereby ordered to answer the questions which are put to you which relate to your conduct and/or job performance, and to cooperate with this investigation. Your failure to cooperate with this investigation can be the subject of disciplinary action in and of itself, including dismissal. The statements you make or evidence gained as a result of this required cooperation may be used for administrative purposes, but will not be used or introduced into evidence in a criminal proceeding.” 6. The Employee under investigation or the Employer representative shall not be subject to offensive language or threatened with punitive action. The Employer shall not require the Employee under interrogation to be subjected to visits by the press or news media without their express consent, nor shall their home address be given to the press or news media without the Employee’s consent or lawful order. 7. All interviews shall be limited in scope to activities, circumstances, events, conduct, or acts which pertain to the incident that is the subject of the investigation. Nothing in this section shall prohibit the Employer from questioning the Employee about information that is developed during the course of the interview. 8. If the Employer requires the Employee to submit to questioning which the Employee reasonably believes could result in disciplinary action, the Employee has the right to have either a Guild representative or an attorney represent the Employee during such questioning. Unless exigent circumstances exist, the Employer must give the Employee five (5) hours’ notice to arrange for a suitable representative. 9. The representative has the right to ascertain the charges against the Employee before the interview starts, offer mitigating circumstances and investigatory leads, question the Employee at the conclusion of the interview, consult with the Employee during the interview, and object to inappropriate questions that may relate to privileged communications between the Employee and his attorney. 10. The Employee or his representative and the Employer are permitted to record the proceedings. If the Employer tape records the interview, a copy of the complete interview of the Employee, noting all recess periods, shall be furnished, upon request, to the Employee. If the Employee or his representative records the interview, a copy of the complete interview shall be provided to the Employer upon request. If an interviewed Employee is subsequently charged and any part of the recording is transcribed by the Employer, the Employee shall be given a complimentary copy thereof. 11. Interviews and investigations shall be completed without unreasonable delay. For investigations that exceed thirty (30) days, the Employee shall be notified, in writing on a monthly basis, of the status of the investigation. 12. Upon completion, the Employee shall be advised of the results of the investigation and any future action to be taken on the incident, within five (5) calendar days of the Employee returning to work.

Disciplinary Investigations. Any Employee who will be interviewed concerning an act that, if proven, could reasonably result in disciplinary action against him At any time the City determines that it is necessary to examine or her, will be afforded the following safeguards: 1. The Employee will be informed prior to the interview if the Employer believes the Employee is a subject in an inquiry investigate events or circumstances that may lead to disciplinary action, at the outset, the employee shall be presumed innocent and the investigation shall be conducted in a fair and impartial manner in accordance with the general guidelines in sections 1 and 2 below. If it is deemed to be in the best interest of the community, department, or employee, the Police Chief may place the employee on administrative leave or reassign the employee during the investigation. No employee shall be placed on administrative leave without pay, without due process in accordance with the following procedures: a. Written notice to the employee of the Police Chief’s intent to place the employee on administrative leave without pay, including a statement of the basis for the decision to place the employee on leave without pay; and b. The employee shall have an opportunity to provide the Police Chief any information the employee deems appropriate to respond to the written notice; and c. The employee may be represented by BPOA and legal counsel at any meeting with the Police Chief. The Police Chief’s decision to place the employee on administrative leave without pay is not subject to appeal. 21. Prior Initial/Informal Investigations Supervisory personnel may at any time require written reports or meetings with employees to an interview where review events, circumstances, or employee's conduct. If the Employer may impose an economic sanction upon meeting or report is to review a specific allegation against the Employee as a result of the underlying incidentemployee, the Employee will be informed of the nature of the investigation and allegations and afforded the opportunity to consult with a Guild representative. If, after the complainant is interviewed regarding an action or inaction of an Employee, and further investigation is deemed necessary, the Employee shall be notified, orally or in writing, of the complaint as soon as is practicable. This requirement will not apply where the Employee is under investigation for violations that are punishable as felonies or misdemeanors under Washington law. Also, the Employee will not be notified if doing so would jeopardize either the criminal or administrative investigation. The officer may have a Guild representative present to witness the interview provided the representative does not participate in the interview. However, the interview may not be unduly delayed awaiting an unavailable Guild representative when other Guild representatives are available. 3. Interviews shall take place at Police Employer facilities or elsewhere if mutually agreed, unless an emergency exists which requires the interview to be conducted elsewhere. 4. The Employer shall make a reasonable good faith effort to conduct these interviews during the Employee’s regularly scheduled shift, except in cases involving exigent circumstances. 5. The Employee will be required to answer any questions involving noncriminal matters under investigation and will be afforded all rights and privileges to which he/she is entitled under will be so notified at the collective bargaining agreement and Employer rules and regulations. Prior to any questioning, where there is reasonable suspicion to believe the Employee may be the focus of an internal investigation, the Employee shall be notified in writing and acknowledge receipt outset of the following: “You are about to be questioned as part of an internal investigation being conducted by meeting or at the Employertime the report is requested. You are hereby ordered to answer the questions which are put to you which relate to your conduct and/or job performance, and to cooperate with this investigation. Your failure to cooperate with this investigation can be the subject of Until such time that disciplinary action in and is the likely outcome of itselfsuch meetings or reports, including dismissalemployee representation is not necessary. The statements you make employee(s) involved will be provided a copy of any written report or evidence gained recommendation made as a result of this required cooperation may initial review. 2. If after this informal investigation (described in (C)(1) of this article) the City determines that further investigation is warranted, it shall be used for administrative purposes, but will not be used or introduced into evidence in a criminal proceeding.” 6. The Employee under investigation or the Employer representative shall not be subject to offensive language or threatened with punitive action. The Employer shall not require the Employee under interrogation to be subjected to visits by the press or news media without their express consent, nor shall their home address be given conducted according to the press or news media without the Employee’s consent or lawful orderfollowing general guidelines. 7. All interviews shall be limited in scope to activities, circumstances, events, conduct, or acts which pertain to the incident that is the subject of the investigation. Nothing in this section shall prohibit the Employer from questioning the Employee about information that is developed during the course of the interview. 8. If the Employer requires the Employee to submit to questioning which the Employee reasonably believes could result in disciplinary action, the Employee has the right to have either a Guild representative or an attorney represent the Employee during such questioning. Unless exigent circumstances exist, the Employer must give the Employee five (5) hours’ notice to arrange for a suitable representative. 9. The representative has the right to ascertain the charges against the Employee before the interview starts, offer mitigating circumstances and investigatory leads, question the Employee at the conclusion of the interview, consult with the Employee during the interview, and object to inappropriate questions that may relate to privileged communications between the Employee and his attorney. 10. The Employee or his representative and the Employer are permitted to record the proceedings. If the Employer tape records the interview, a copy of the complete interview of the Employee, noting all recess periods, shall be furnished, upon request, to the Employee. If the Employee or his representative records the interview, a copy of the complete interview shall be provided to the Employer upon request. If an interviewed Employee is subsequently charged and any part of the recording is transcribed by the Employer, the Employee a. Employees shall be given a complimentary copy thereof. 11. Interviews and investigations shall specific notice of any charges that have been/will be completed without unreasonable delay. For investigations that exceed thirty (30) days, the Employee shall be notified, in writing on a monthly basis, filed against him/her and/or of the status specific nature of the investigation. 12. Upon completion, the Employee b. Employees shall be advised given reasonable notice prior to being required to attend any meetings or hearings held as a part of the results of such investigation. c. Employees shall assist the investigation and shall furnish information and/or give statements, as requested. d. Employees may be represented by BPOA or by legal counsel at any future action interview or meeting held as a part of such investigation. e. The employee who is the subject of such investigation (and representative) shall have the opportunity to review all evidence produced during the investigation upon reasonable notice and as such information becomes available. f. All interviews in regards to allegations of serious misconduct shall be taken on electronically recorded and all questions shall be “on-the-record”. Questions will be specifically directed and related to the incident, within five (5) calendar days of the Employee returning to workalleged violation.

Disciplinary Investigations. Any Employee employee who will be interviewed concerning an act that, if proven, could reasonably result in disciplinary action against him or her, her or another member will be afforded the following safeguards: 1. The Employee employee will be informed prior to the interview if the Employer believes the Employee employee or a fellow employee is a subject in an inquiry that may lead to disciplinary action. 2. Prior to an interview where the Employer may impose an economic sanction upon the Employee as a result of the underlying incident, the Employee will be informed of the nature of the investigation and allegations and afforded the opportunity to consult with a Guild representative. If, after the complainant is interviewed regarding an action or inaction of an Employee, and further investigation is deemed necessary, the Employee shall be notified, orally or in writing, of the complaint as soon as is practicable. This requirement will not apply where the Employee is under investigation for violations that are punishable as felonies or misdemeanors under Washington law. Also, the Employee will not be notified if doing so would jeopardize either the criminal or administrative investigation. The officer may have a Guild representative present employee has the right to witness Union representation during the interview provided the representative does not participate in the interview. However, the interview may not be unduly delayed awaiting an unavailable Guild representative when other Guild representatives are available. 3. Interviews shall take place at Police Employer facilities or elsewhere if mutually agreed, unless an emergency exists which requires the interview to be conducted elsewhere. 4investigatory process. The Employer shall make a reasonable good faith effort to conduct these interviews during the Employee’s regularly scheduled shift, except in cases involving exigent circumstances. 5. The Employee will employee may be required to answer any questions involving noncriminal matters under investigation and will be afforded all rights and privileges to which he/she is entitled under the collective bargaining agreement and Employer rules and regulations. Prior to any questioning, where there is reasonable suspicion to believe the Employee that an employee may be the focus of an internal investigation, the Employee employee shall be notified in writing and acknowledge receipt of the following: “You are about to be questioned as part of an internal investigation being conducted by the Employer. You are hereby ordered to answer the questions which are put to you which relate to your or a fellow employee’s conduct and/or and/ or job performance, and to cooperate with this investigation. Your failure to cooperate with this investigation can be the subject of disciplinary action in and of itself, including dismissal. The statements you make or evidence gained as a result of this required cooperation may be used for administrative purposes, but will not be used or introduced into evidence in a criminal proceeding.” 6” The City will not provide personal or confidential information outside the requirements of Washington State Public Disclosure Law. The Employee under investigation At the conclusion of the investigative process, if the charges or the Employer representative shall not allegations are founded, all identifying information will be subject to offensive language or threatened with punitive action. The Employer shall not require the Employee under interrogation to be subjected to visits by the press or news media without their express consent, nor shall their home address be given released to the press parties involved. Employees shall expect that their statements made can be investigated and, as a result, disciplinary action can be taken toward the employee for false or news media without the Employee’s consent or lawful order. 7inflated information. All interviews shall be limited in scope to activities, circumstances, events, conduct, or acts which pertain to the incident that is the subject of the investigation. Nothing in this section shall prohibit the Employer from questioning the Employee employee about information that is developed during the course of the interview. 8. If the Employer requires the Employee to submit to questioning which the Employee reasonably believes could result in disciplinary action, the Employee The employee being interviewed has the right to have either a Guild Union representative or and/or an attorney present to represent the Employee employee during such questioning. Unless exigent circumstances exist, the Employer must give the Employee five (5) hours’ employee reasonable notice and opportunity to arrange for a suitable representative. 9. The employee’s representative may not interfere with any legitimate Employer prerogative during the investigatory proceeding. The employee’s representative has the right to ascertain the charges against the Employee before the interview starts, offer mitigating circumstances and investigatory leads, question the Employee at the conclusion of the interviewemployee, consult with the Employee employee during the interview, and object to inappropriate ask clarifying questions that may relate to privileged communications between regarding the Employee and his attorney. 10. The Employee or his representative and the Employer are permitted to record the proceedings. If the Employer tape records the interview, a copy of the complete interview of the Employee, noting all recess periods, shall be furnished, upon request, to the Employee. If the Employee or his representative records the interview, a copy of the complete interview shall be provided to the Employer upon request. If an interviewed Employee is subsequently charged and any part of the recording is transcribed by the Employer, the Employee shall be given a complimentary copy thereof. 11. Interviews and investigations shall be completed without unreasonable delay. For investigations that exceed thirty (30) days, the Employee shall be notified, in writing on a monthly basis, of the status of questions posed during the investigation. 12. Upon completion, the Employee shall be advised of the results of the investigation and any future action to be taken on the incident, within five (5) calendar days of the Employee returning to work.

Disciplinary Investigations. Any Employee who will be interviewed concerning an act that, if proven, could reasonably result in disciplinary action against him or her, will be afforded Employees shall have the following safeguardsrights: A. At any investigatory interview where the Agency is investigating any Employee for possible disciplinary action, and the Employee reasonably believes that by answering the questions, discipline could result, the Employee shall have the right to Union representation at the investigative interview. (This is also known as Xxxxxxxxxx Rights). The Agency shall: 1. The Notify the Employee will be informed prior to at the outset of the interview if the Employer believes that the Employee is a subject in an inquiry that may lead to being investigated for possible disciplinary action.; 2. Prior to an interview where the Employer may impose an economic sanction upon On request, allow the Employee as the opportunity for Union representation; and, 3. If the Agency elects to proceed with the interview, provide the Employee with a result reasonable amount of time to confer with their Union representative. The Agency may not make a verbatim record of such interview unless it notifies the Employee at the outset of the underlying incident, interview of its intention to do so. If the Employee will be informed Agency does elect to make a verbatim record of the nature of the investigation and allegations and afforded the opportunity to consult with a Guild representative. If, after the complainant is interviewed regarding an action or inaction of an Employee, and further investigation is deemed necessaryinterview, the Employee shall be notified, orally or in writing, provided with a true and correct copy of the complaint as soon as record. In addition, if the Agency is practicable. This requirement will not apply where recording the Employee is under investigation for violations that are punishable as felonies or misdemeanors under Washington law. Alsointerview, the Employee will not be notified if doing so would jeopardize either the criminal or administrative investigation. The officer may have a Guild representative present to witness also record the interview provided the representative does not participate in the interview. However, that the interview may will not be unduly delayed awaiting an unavailable Guild representative when other Guild representatives are available.while the Employee obtains a recording device; 3. Interviews shall take place at Police Employer facilities or elsewhere if mutually agreed, unless an emergency exists which requires the interview to be conducted elsewhere. 4. The Employer shall make a reasonable good faith effort to conduct these interviews during the Employee’s regularly scheduled shift, except in cases involving exigent circumstances. 5. The B. An Employee will be required may refuse to answer any questions involving noncriminal matters under investigation and will be afforded all rights and privileges to which he/she is entitled under the collective bargaining agreement and Employer rules and regulations. Prior to any questioning, where there is reasonable suspicion to believe the Employee may be the focus of an internal investigation, the Employee shall be notified in writing and acknowledge receipt of the following: “You are about to be questioned as part of an internal investigation being conducted by the Employer. You are hereby ordered to answer the questions which are put to you which relate to your a superior that probe possible criminal conduct and/or job performance, and to cooperate with this investigation. Your failure to cooperate with this investigation can be the subject of disciplinary action in and of itself, including dismissal. The statements you make or evidence gained as a result of this required cooperation may be used for administrative purposes, but will not be used or introduced into evidence in a criminal proceeding.” 6. The Employee under investigation or the Employer representative shall not be subject to offensive language or threatened with punitive action. The Employer shall not require the Employee under interrogation to be subjected to visits by the press or news media without their express consent, nor shall their home address be given to the press or news media without the Employee’s consent or lawful order. 7. All interviews shall be limited in scope to activities, circumstances, events, conduct, or acts which pertain to the incident that is the subject of the investigation. Nothing in this section shall prohibit the Employer from questioning the Employee about information that is developed during the course of the interview. 8. If the Employer requires the Employee to submit to questioning which the Employee reasonably believes could result in disciplinary action, until the Employee has the right to have either a Guild representative or an attorney represent the Employee during such questioning. Unless exigent circumstances exist, the Employer must give the Employee five (5) hours’ notice to arrange for a suitable representative. 9obtained legal advice and/or counsel. The representative has the right to ascertain the charges against the Employee before the interview starts, offer mitigating circumstances and investigatory leads, question the Employee at the conclusion of the interview, consult with the Employee during the interview, and object to inappropriate questions that may relate to privileged communications between the Employee and his attorney. 10. The Employee or his representative and the Employer are permitted to record the proceedings. If the Employer tape records the interview, a copy of the complete interview of the Employee, noting all recess periods, shall be furnished, upon request, to the Employee. If the Employee or his representative records the interview, a copy of the complete interview shall be provided to the Employer upon request. If an interviewed Employee is subsequently charged and any part of the recording is transcribed by the Employer, the Employee shall be given a complimentary copy thereof.reasonable period of time to secure counsel; and, 11. Interviews and investigations C. If a superior needs to talk to an Employee concerning the Employee's performance or conduct, the meeting shall be completed without unreasonable delayheld in private. For investigations that exceed thirty (30) daysIn all cases, the Employee confidentiality of the disciplinary process shall be notified, in writing on a monthly basis, of maintained by the status of the investigationAgency and its representatives as required by law and this Agreement. 12. Upon completion, the Employee shall be advised of the results of the investigation and any future action to be taken on the incident, within five (5) calendar days of the Employee returning to work.