Common use of Disciplinary Investigations Clause in Contracts

Disciplinary Investigations. In lieu of the provisions of the Firemen’s Disciplinary Act (50 ILCS 745/1 et seq.), employees shall have the following rights with respect to disciplinary investigations: 1. Employees shall have the right to Union representation, if so requested, where the employee reasonably believes questioning by the employer may lead to discipline. 2. No employee shall be subjected to questioning or interrogation in relation to allegation(s) which, if proven, may result in removal, discharge or suspension without pay without first being so advised in writing and informed of the nature of the allegation(s). 3. If an employee is informed, in writing, that the questioning or interrogation may result in removal, discharge or suspension without pay, the employee shall be entitled to the following: a. The right to request that an attorney be present at such questioning or interrogation, provided that if the employee has requested the presence of both a Union representative and an attorney, only one may be present in the room at the questioning or interrogation, with the understanding that the other may be nearby. b. The right to request that the questioning or interrogation be recorded by tape or other electronic means and, if requested, the right to a copy of any such recording at no charge. 4. If an employee makes an appropriate request for either a Union representative or an attorney and the Union representative or attorney is not reasonably available, the employee may be questioned or interrogated without a Union representative or attorney being present. 5. The presence of a Union representative or attorney at such questioning or interrogation shall not interrupt or interfere with the Village’s right to question employees or the obligation of employees to respond to questions relevant to the allegations being investigated. 6. Questioning shall be conducted in a professional manner and shall occur, if practicable, considering the circumstances and nature of the allegations during an employee’s on-duty hours, at reasonable times of the day; and in Village facilities. If an employee is required to participate in questioning or interrogation during off duty hours, the employee shall be paid at his applicable hourly rate of pay for the time spent at such meeting. 7. No employee shall be required to submit to, or be disciplined for a refusal to submit to, a polygraph examination or any test questioning by means of any chemical substance, except as is provided in Article XIV, Section 5 of this Agreement. 8. Notwithstanding any of the foregoing, the Village retains the right to question or interrogate employees in emergency situations involving an immediate danger to the health or safety of one or more persons without any obligation to wait until a Union representative or attorney is present at the questioning or interrogation. Notwithstanding the general rule to the contrary, if a grievance is arbitrated concerning whether there was an emergency situation involving such an immediate danger, the Village shall proceed first with the presentation of its case. 9. Admissions or confessions obtained during the course of any questioning or interrogation not conducted in accordance with the provisions of this Section may not be utilized in any subsequent disciplinary proceeding against the employee who made the admission or confession. The foregoing does not preclude an arbitrator from considering whether or not other relief is appropriate if it is determined that the Village violated the provisions of this Section. 10. There shall be no retaliation or threats of retaliation against an employee solely because of an employee’s exercise of the rights set forth in this Section. 11. The provisions of this Section do not apply for: a. any employee charged with violating any provisions of the Criminal Code of 1961, or any other federal, state, or local criminal law; or b. questioning of an employee by the Village as to allegations of misconduct which in and of themselves, will not result in removal, discharge, or suspension without pay, provided that the provisions of Subsection 1 of this Section shall be applicable; or c. a meeting solely for the purpose of informing the employee of disciplinary action or a decision to prefer charges with the Fire and Police Commission.

Disciplinary Investigations. In lieu of the provisions of the Firemen’s Disciplinary Act (50 ILCS 745/1 et seq.), employees shall have the following rights with respect to disciplinary investigations: 1. Employees shall have the right (a) An employee who has objective reasons to Union representation, if so requested, where the employee reasonably believes believe that questioning or interrogation by the employer Village may lead to discipline. 2. No employee shall be subjected to questioning or interrogation in relation to allegation(s) which, if proven, may result in removal, discharge or suspension without pay without first being so advised in writing and informed of the nature of the allegation(s). 3. If an employee is informed, in writing, that the questioning or interrogation may result in removaldiscipline (i.e., discharge or suspension without pay, ) may request that a Union representative who is a member of the bargaining unit be present at such questioning or interrogation. (b) An employee who has objective reasons to believe that questioning or interrogation by the Village may lead to discipline in excess of three (3) working days shall be entitled to the following: a. (1) The right to request that an attorney be present at such questioning or interrogation, provided that if the employee has requested the presence of both a Union representative and an attorney, only one may be present in the room at the questioning or interrogation, with the understanding that the other may be nearby. b. (2) The right to request written notice of the subject matter of the investigation prior to questioning or interrogation. (3) The right to request that the questioning or interrogation be recorded by tape or other electronic means and, if requested, the right to a copy of any such recording at no chargerecording. 4. (c) If an employee makes an appropriate request for either a Union representative or an attorney and the Union representative or attorney is not reasonably available, the employee may be questioned or interrogated without a Union representative or attorney being present. 5. (d) The presence of a Union representative or attorney at such questioning or interrogation shall not interrupt or interfere with the Village’s right to question employees or the obligation of employees to respond to questions relevant to the allegations matter being investigated. 6. Questioning (e) The foregoing provisions shall not be conducted in a professional manner and shall occur, applicable if practicable, considering the circumstances and nature purpose of the allegations during an employee’s onmeeting is solely for the purpose of informing the employee of disciplinary action (e.g., a one-duty hours, at reasonable times of the day; and in Village facilities. day suspension without pay). (f) If an employee is required to participate in questioning or interrogation during off duty hours, the employee shall be paid at his applicable hourly rate of pay for the time spent at such meeting. 7. (g) No employee shall be required to submit to, or be disciplined for a refusal to submit to, a polygraph examination or any test questioning by means of any chemical substance, except as is provided in Article XIVXII, Section 5 12.6 of this Agreement. 8. (h) The provisions of this Section do not apply to any employee charged with violating any provisions of the Criminal Code of 1961, or any other federal, state, or local criminal law. (i) Notwithstanding any of the foregoing, the Village retains the right to question or interrogate employees in emergency situations involving an immediate danger to the health or safety of one or more persons without any obligation to wait until a Union representative or attorney is present at the questioning or interrogation. Notwithstanding the general rule to the contraryprovisions of Article XIII, Section 13.3(d)(3), if a grievance is arbitrated concerning whether there was an emergency situation involving such an immediate danger, the Village shall proceed first with the presentation of its case. 9. (j) Admissions or confessions obtained during the course of any questioning or interrogation not conducted in accordance with the provisions of this Section may not be utilized in any subsequent disciplinary proceeding against the employee who made the admission or confession. The foregoing does not preclude an arbitrator from considering whether or not other relief is appropriate if it is determined that the Village violated the provisions of this Section. 10. There shall be no retaliation or threats of retaliation against an employee solely because of an employee’s exercise of the rights set forth in this Section. 11. The provisions of this Section do not apply for: a. any employee charged with violating any provisions of the Criminal Code of 1961, or any other federal, state, or local criminal law; or b. questioning of an employee by the Village as to allegations of misconduct which in and of themselves, will not result in removal, discharge, or suspension without pay, provided that the provisions of Subsection 1 of this Section shall be applicable; or c. a meeting solely for the purpose of informing the employee of disciplinary action or a decision to prefer charges with the Fire and Police Commission.