Common use of EMPLOYEE RIGHTS IN INVESTIGATIONS Clause in Contracts

EMPLOYEE RIGHTS IN INVESTIGATIONS. 19.1 The Employer has the authority to determine the method of conducting investigations, including the procedures contained in the Administrative Investigation Manual; however, an investigation based on a complaint must be conducted in an open and fair manner, with the truth as the primary objective. Prior to implementation of changes to any term or provision of the Regulation Manual or the Administrative Investigation Manual concerning internal investigations, the Employer will send copies of the proposed changes to the President of the Association. The Employer will consider any comments or concerns of the Association before finalizing and publishing the changes. This Section shall not be interpreted to restrict the Association’s right, under state law, to bargain the decision and/or impact of changes in subjects of bargaining where the Employer is compelled to negotiate over the matter by state law. 19.2 Because police officers must be free to exercise their best judgment and to initiate law enforcement in a reasonable, lawful and impartial manner, and because the Employer is committed to respecting the rights of bargaining unit employees by providing procedural protection to all employees during the complaint and disciplinary process, complaints involving members of the bargaining unit shall be resolved in a manner that is expeditious, fair, just, reduces the amount of formal process and is designed to resolve issues at the lowest possible level. The Employer will continue to use the Non-Investigative Matters (NIM) and Settlement Agreement Process as mechanisms for accomplishing this goal. 19.3 The Employer accepts and investigates complaints against employees. The Employer shall continue to use an Internal Incident Report (IIR) form. The form shall contain at least the following information: A. The complainant’s name and address; B. The date of the complaint; C. The specific allegations against the employee; and D. A signature line for the complainant’s use. Anonymous minor complaints shall not be investigated; however, the employee shall be informed that an anonymous complaint has been received. The Employer may document receipt of the complaint, but such documentation shall not be included in the employee’s complaint history or personnel file. Anonymous moderate and major complaints may be investigated. The Employer shall instruct its employees on the Employer’s procedures to be followed in accepting citizen complaints. 19.4 The provisions of this Article shall not apply to routine discussions with an employee in the normal course of duty. These provisions shall apply when the employee is subject to questioning by a supervisor or any other member of the Agency, and where such questioning is about actions or a failure to act by the employee that, if proven, could lead to discipline. 19.5 De minimis (minor or insignificant) variations from the following provisions shall not be the basis for overturning discipline or affect the admissibility of evidence. 19.6 Prior to questioning, the employee under investigation shall be informed of the name of the person in charge of the investigation and the name(s) of questioners, and all other persons to be present during the questioning. The employee shall be informed of what investigative section the investigator represents. 19.7 The questioning shall be conducted at a reasonable hour, preferably at a time when the employee is on duty or during the normal waking hours for the employee, unless the seriousness of the investigation requires otherwise. If such questioning occurs during off-duty time of the employee being questioned, the employee shall be compensated for such off-duty time in accordance with regular Employer procedures. 19.8 Any questioning session shall be for a reasonable period, taking into consideration the gravity and complexity of the issue being investigated. Employees being questioned shall be allowed to attend to their own personal physical necessities as needed. 19.9 If prior to or during any questioning it appears the employee's actions or omissions may amount to criminal conduct, the investigation shall stop and the Chief shall be notified immediately. The Chief shall determine whether to continue the administrative investigation or to conduct a criminal investigation or both. 19.10 Any criminal investigation of an employee conducted by the Employer will be conducted by the Investigative Services Bureau. Any attempt to obtain a written or verbal statement from the suspected employee will be preceded by the giving of and inquiring as to the understanding of the employee's constitutional rights. A suspected employee is one for whom a criminal investigation has gone past the investigatory stage to the accusatory stage. 19.11 Employees are required to fully and truthfully answer all questions asked during, and cooperate fully in, any and all administrative investigations. All questions asked and actions taken during such administrative investigations will be specifically, directly, and narrowly related to performance of duties within the scope of employment and fitness to hold the position. 19.12 Whenever an employee is being investigated, the employee shall be informed of the general scope of the investigation prior to questioning. The notification shall include the name of the complainant, the complaint form completed by the complainant, the date of the incident, the specific rules the Employer alleges were violated, whether the complainant has signed a complaint form, and a summary of the factual allegations against the employee sufficient to reasonably apprise the employee of the nature of the charges. The employee may agree to answer questions at that time or request that questioning be delayed for up to five (5) calendar days in order to obtain legal advice or other assistance. If the Employer decides to substitute the Agency as the complainant, the Employer agrees to contact the Association to discuss the reasons for doing so.

EMPLOYEE RIGHTS IN INVESTIGATIONS. 19.1 16.1 The Employer has the authority to determine the method of conducting investigations, including the procedures contained in the Administrative Investigation Manual; however, an investigation based on a complaint must be conducted in an open and fair manner, with the truth as the primary objective. Prior to implementation of changes Any proposed change to any term or provision of the Regulation Manual or the Administrative Investigation Investigations Manual concerning internal investigations, the Employer will send copies of the proposed changes investigations shall be subject to the President of the Associationconcurrence process in Article 19. The Employer will consider any comments or concerns of the Association before finalizing and publishing the changes. This Section shall not be interpreted to restrict the Association’s right, under state law, to bargain the decision and/or impact of changes in subjects of bargaining where the Employer is compelled to negotiate over the matter by state law. 19.2 Because police officers must be free to exercise their best judgment and to initiate law enforcement in a reasonable, lawful and impartial manner, and because the Employer is committed to respecting the rights of bargaining unit employees by providing procedural protection to all employees during the complaint and disciplinary process, complaints involving members of the bargaining unit shall be resolved in a manner that is expeditious, fair, just, reduces the amount of formal process and is designed to resolve issues at the lowest possible level. The Employer will continue to use the Non-Investigative Matters (NIM) and Settlement Agreement Process as mechanisms for accomplishing this goal. 19.3 16.2 The Employer accepts and investigates complaints against employees. The Employer shall continue to use an Internal Incident Report (IIR) a citizen complaint form. The form shall contain at least the following information: A. The complainant’s name and address; B. The date of the complaint; C. The specific allegations against the employee; and D. A signature line for the complainant’s use. Anonymous minor complaints The citizen shall be advised that if he/she chooses not be investigated; howeverto sign the form and if the allegation is minor, the Employer will not investigate the complaint but will advise the employee shall be informed that an anonymous complaint has been receivedof the existence of the complaint. The Employer may document receipt of the complaint, but such documentation shall not be included in the employee’s complaint history or personnel file. Anonymous A citizen choosing not to sign the form will also be advised that if the allegation is moderate and major complaints may be investigated. The or major, the Employer shall instruct its employees on reserves the Employer’s procedures right not to be followed in accepting citizen complaintspursue an investigation and/or to discontinue an investigation once commenced. 19.4 16.3 The provisions of this Article shall will not apply to routine discussions with an employee in the normal course of duty. These provisions They shall apply when the employee is subject to questioning by a supervisor or any other member of the AgencyDepartment, and where the employee reasonably believes such questioning is about actions or a failure to act by the employee employee, that, if proven, could lead to discipline. 19.5 16.4 De minimis (minor or insignificant) variations from the following provisions shall not be the basis for overturning discipline or affect the admissibility of evidence. 19.6 16.5 Prior to questioning, the employee under investigation shall be informed of the name of the person in charge of the investigation and investigation, the name(s) of questioners, his/her questioners and all other persons to be present during the questioning. The employee shall be informed of what investigative section the investigator represents. 19.7 16.6 The questioning shall be conducted at a reasonable hour, preferably at a time when while the employee is on duty or during the normal waking hours for the employeeduty, unless the seriousness of the investigation requires otherwise. If such the questioning occurs during off-duty time of the employee being questioned, the employee shall be compensated for such off-duty time in accordance with regular Employer procedures. If an employee is required to return from leave to appear for questioning, the employee shall be paid for the time under the provisions for a call out under Article 10.6, and the employee will have leave hours equal to the amount of time spent appearing for the questioning (including travel time), rounded up to the nearest hour, returned to the appropriate leave balance. 19.8 16.7 Any questioning session shall be for a reasonable period, taking into consideration the gravity and complexity of the issue being investigated. Employees being questioned shall be allowed to attend to their own personal physical necessities as needed. 19.9 16.8 If prior to or during any questioning it appears the employee's ’s actions or omissions may amount to criminal conduct, the investigation shall stop and the Chief shall be notified immediately. The Chief shall determine whether to continue the administrative investigation or to conduct a criminal investigation or both. 19.10 Any 16.9 During any criminal investigation conducted of an employee conducted by the Employer will be conducted by the Investigative Services Bureau. Any or its agent, any attempt to obtain a written or verbal statement from the suspected employee under investigation will be preceded by the giving of and inquiring as to the understanding of the employee's ’s constitutional rights. A suspected employee is one for whom a criminal investigation has gone past the investigatory stage to the accusatory stage. 19.11 16.10 Employees are required to fully and truthfully answer all questions asked during, and cooperate fully in, any and all administrative investigations. All questions asked and actions taken during such administrative investigations will be specifically, directly, and narrowly related to performance of duties within the scope of employment and fitness to hold the position. 19.12 Whenever an employee is being investigated, the employee shall be informed of the general scope of the investigation prior to questioning. The notification shall include the name of the complainant, the complaint form completed by the complainant, the date of the incident, the specific rules the Employer alleges were violated, whether the complainant has signed a complaint form, and a summary of the factual allegations against the employee sufficient to reasonably apprise the employee of the nature of the charges. 16.11 The employee may agree to answer questions at that time or request that questioning be delayed for up to five (5) calendar days in order to obtain legal advice or other assistance. If the Employer decides to substitute the Agency Department as the complainant, the Employer agrees to contact the Association to discuss the reasons for doing so.

EMPLOYEE RIGHTS IN INVESTIGATIONS. 19.1 The Employer has the authority to determine the method of conducting investigations, including the procedures contained in the Administrative Investigation Manual; however, an investigation based on a complaint must be conducted in an open and fair manner, with the truth as the primary objective. Prior to implementation of changes to any term or provision of the Regulation Manual or the Administrative Investigation Manual concerning internal investigations, the Employer will send copies of the proposed changes to the President of the Association. The Employer will consider any comments or concerns of the Association before finalizing and publishing the changes. This Section shall not be interpreted to restrict the Association’s right, under state law, to bargain the decision and/or impact of changes in subjects of bargaining where the Employer is compelled to negotiate over the matter by state law.law.‌ 19.2 Because police officers must be free to exercise their best judgment and to initiate law enforcement in a reasonable, lawful and impartial manner, and because the Employer is committed to respecting the rights of bargaining unit employees by providing procedural protection to all employees during the complaint and disciplinary process, complaints involving members of the bargaining unit shall be resolved in a manner that is expeditious, fair, just, reduces the amount of formal process and is designed to resolve issues at the lowest possible level. The Employer will continue to use the Non-Investigative Matters (NIM) and Settlement Agreement Process as mechanisms for accomplishing this goal.goal.‌ 19.3 The Employer accepts and investigates complaints against employees. The Employer shall continue to use an Internal Incident Report (IIR) form. The form shall contain at least the following information: A. The complainant’s name and address; B. The date of the complaint; C. The specific allegations against the employee; and D. A signature line for the complainant’s use. Anonymous minor complaints shall not be investigated; however, the employee shall be informed that an anonymous complaint has been received. The Employer may document receipt of the complaint, but such documentation shall not be included in the employee’s complaint history or personnel file. Anonymous moderate and major complaints may be investigated. The Employer shall instruct its employees on the Employer’s procedures to be followed in accepting citizen complaints. 19.4 The provisions of this Article shall not apply to routine discussions with an employee in the normal course of duty. These provisions shall apply when the employee is subject to questioning by a supervisor or any other member of the Agency, and where such questioning is about actions or a failure to act by the employee that, if proven, could lead to discipline.discipline.‌‌‌ 19.5 De minimis (minor or insignificant) variations from the following provisions shall not be the basis for overturning discipline or affect the admissibility of evidence. 19.6 Prior to questioning, the employee under investigation shall be informed of the name of the person in charge of the investigation and the name(s) of questioners, and all other persons to be present during the questioning. The employee shall be informed of what investigative section the investigator represents. 19.7 The questioning shall be conducted at a reasonable hour, preferably at a time when the employee is on duty or during the normal waking hours for the employee, unless the seriousness of the investigation requires otherwise. If such questioning occurs during off-duty time of the employee being questioned, the employee shall be compensated for such off-duty time in accordance with regular Employer procedures.procedures.‌‌‌ 19.8 Any questioning session shall be for a reasonable period, taking into consideration the gravity and complexity of the issue being investigated. Employees being questioned shall be allowed to attend to their own personal physical necessities as needed. 19.9 If prior to or during any questioning it appears the employee's actions or omissions may amount to criminal conduct, the investigation shall stop and the Chief shall be notified immediately. The Chief shall determine whether to continue the administrative investigation or to conduct a criminal investigation or both. 19.10 Any criminal investigation of an employee conducted by the Employer will be conducted by the Investigative Services Bureau. Any attempt to obtain a written or verbal statement from the suspected employee will be preceded by the giving of and inquiring as to the understanding of the employee's constitutional rights. A suspected employee is one for whom a criminal investigation has gone past the investigatory stage to the accusatory stage. 19.11 Employees are required to fully and truthfully answer all questions asked during, and cooperate fully in, any and all administrative investigations. All questions asked and actions taken during such administrative investigations will be specifically, directly, and narrowly related to performance of duties within the scope of employment and fitness to hold the position. 19.12 Whenever an employee is being investigated, the employee shall be informed of the general scope of the investigation prior to questioning. The notification shall include the name of the complainant, the complaint form completed by the complainant, the date of the incident, the specific rules the Employer alleges were violated, whether the complainant has signed a complaint form, and a summary of the factual allegations against the employee sufficient to reasonably apprise the employee of the nature of the charges. The employee may agree to answer questions at that time or request that questioning be delayed for up to five (5) calendar days in order to obtain legal advice or other assistance. If the Employer decides to substitute the Agency as the complainant, the Employer agrees to contact the Association to discuss the reasons for doing so.were

EMPLOYEE RIGHTS IN INVESTIGATIONS. 19.1 16.1 The Employer has the authority to determine the method of conducting investigations, including the procedures contained in the Administrative Investigation Manual; however, an investigation based on a complaint must be conducted in an open and fair manner, with the truth as the primary objective. Prior to implementation of changes Any proposed change to any term or provision of the Regulation Manual or the Administrative Investigation Investigations Manual concerning internal investigations, the Employer will send copies of the proposed changes investigations shall be subject to the President of the Associationconcurrence process in Article 19. The Employer will consider any comments or concerns of the Association before finalizing and publishing the changes. This Section shall not be interpreted to restrict the Association’s right, under state law, to bargain the decision and/or impact of changes in subjects of bargaining where the Employer is compelled to negotiate over the matter by state law. 19.2 Because police officers must be free to exercise their best judgment and to initiate law enforcement in a reasonable, lawful and impartial manner, and because the Employer is committed to respecting the rights of bargaining unit employees by providing procedural protection to all employees during the complaint and disciplinary process, complaints involving members of the bargaining unit shall be resolved in a manner that is expeditious, fair, just, reduces the amount of formal process and is designed to resolve issues at the lowest possible level. The Employer will continue to use the Non-Investigative Matters (NIM) and Settlement Agreement Process as mechanisms for accomplishing this goal. 19.3 16.2 The Employer accepts and investigates complaints against employees. The Employer shall continue to use an Internal Incident Report (IIR) a citizen complaint form. The form shall contain at least the following information: A. The complainant’s name and address; B. The date of the complaint; C. The specific allegations against the employee; and D. A signature line for the complainant’s use. Anonymous minor complaints The citizen shall be advised that if they choose not be investigated; howeverto sign the form and if the allegation is minor, the Employer will not investigate the complaint but will advise the employee shall be informed that an anonymous complaint has been receivedof the existence of the complaint. The Employer may document receipt of the complaint, but such documentation shall not be included in the employee’s complaint history or personnel file. Anonymous A citizen choosing not to sign the form will also be advised that if the allegation is moderate and major complaints may be investigated. The or major, the Employer shall instruct its employees on reserves the Employer’s procedures right not to be followed in accepting citizen complaintspursue an investigation and/or to discontinue an investigation once commenced. 19.4 16.3 The provisions of this Article shall will not apply to routine discussions with an employee in the normal course of duty. These provisions They shall apply when the employee is subject to questioning by a supervisor or any other member of the AgencyDepartment, and where the employee reasonably believes such questioning is about actions or a failure to act by the employee employee, that, if proven, could lead to discipline. 19.5 16.4 De minimis (minor or insignificant) variations from the following provisions shall not be the basis for overturning discipline or affect the admissibility of evidence. 19.6 16.5 Prior to questioning, the employee under investigation shall be informed of the name of the person in charge of the investigation and investigation, the name(s) of questioners, their questioners and all other persons to be present during the questioning. The employee shall be informed of what investigative section the investigator represents. 19.7 16.6 The questioning shall be conducted at a reasonable hour, preferably at a time when while the employee is on duty or during the normal waking hours for the employeeduty, unless the seriousness of the investigation requires otherwise. If such the questioning occurs during off-duty time of the employee being questioned, the employee shall be compensated for such off-duty time in accordance with regular Employer procedures. If an employee is required to return from leave to appear for questioning, the employee shall be paid for the time under the provisions for a call out under Article 10.6, and the employee will have leave hours equal to the amount of time spent appearing for the questioning (including travel time), rounded up to the nearest hour, returned to the appropriate leave balance. 19.8 16.7 Any questioning session shall be for a reasonable period, taking into consideration the gravity and complexity of the issue being investigated. Employees being questioned shall be allowed to attend to their own personal physical necessities as needed. 19.9 16.8 If prior to or during any questioning it appears the employee's ’s actions or omissions may amount to criminal conduct, the investigation shall stop and the Chief shall be notified immediately. The Chief shall determine whether to continue the administrative investigation or to conduct a criminal investigation or both. 19.10 Any 16.9 During any criminal investigation conducted of an employee conducted by the Employer will be conducted by the Investigative Services Bureau. Any or its agent, any attempt to obtain a written or verbal statement from the suspected employee under investigation will be preceded by the giving of and inquiring as to the understanding of the employee's ’s constitutional rights. A suspected employee is one for whom a criminal investigation has gone past the investigatory stage to the accusatory stage. 19.11 16.10 Employees are required to fully and truthfully answer all questions asked during, and cooperate fully in, any and all administrative investigations. All questions asked and actions taken during such administrative investigations will be specifically, directly, and narrowly related to performance of duties within the scope of employment and fitness to hold the position. 19.12 Whenever an employee is being investigated, the employee shall be informed of the general scope of the investigation prior to questioning. The notification shall include the name of the complainant, the complaint form completed by the complainant, the date of the incident, the specific rules the Employer alleges were violated, whether the complainant has signed a complaint form, and a summary of the factual allegations against the employee sufficient to reasonably apprise the employee of the nature of the charges. 16.11 The employee may agree to answer questions at that time or request that questioning be delayed for up to five (5) calendar days in order to obtain legal advice or other assistance. If the Employer decides to substitute the Agency Department as the complainant, the Employer agrees to contact the Association to discuss the reasons for doing so.

EMPLOYEE RIGHTS IN INVESTIGATIONS. 19.1 The Employer has the authority to determine the method of conducting investigations, including the procedures contained in the Administrative Investigation Manual; however, an investigation based on a complaint must be conducted in an open and fair manner, with the truth as the primary objective. Prior to implementation of changes to any term or provision of the Regulation Manual or the Administrative Investigation Manual concerning internal investigations, the Employer will send copies of the proposed changes to the President of the Association. The Employer will consider any comments or concerns of the Association before finalizing and publishing the changes. This Section shall not be interpreted to restrict the Association’s right, under state law, to bargain the decision and/or impact of changes in subjects of bargaining where the Employer is compelled to negotiate over the matter by state law.the 19.2 Because police officers must be free to exercise their best judgment and to initiate law enforcement in a reasonable, lawful and impartial manner, and because the Employer is committed to respecting the rights of bargaining unit employees by providing procedural protection to all employees during the complaint and disciplinary process, complaints involving members of the bargaining unit shall be resolved in a manner that is expeditious, fair, just, reduces the amount of formal process and is designed to resolve issues at the lowest possible level. The Employer will continue to use the Non-Investigative Matters (NIM) and Settlement Agreement Process as mechanisms for accomplishing this goal. 19.3 The Employer accepts and investigates complaints against employees. The Employer shall continue to use an Internal Incident Report (IIR) form. The form shall contain at least the following information: A. The complainant’s name and address; B. The date of the complaint; C. The specific allegations against the employee; and D. A signature line for the complainant’s use. Anonymous minor complaints shall not be investigated; however, the employee shall be informed that an anonymous complaint has been received. The Employer may document receipt of the complaint, but such documentation shall not be included in the employee’s complaint history or personnel file. Anonymous moderate and major complaints may be investigated. The Employer shall instruct its employees on the Employer’s procedures to be followed in accepting citizen complaints. 19.4 The provisions of this Article shall not apply to routine discussions with an employee in the normal course of duty. These provisions shall apply when the employee is subject to questioning by a supervisor or any other member of the Agency, and where such questioning is about actions or a failure to act by the employee that, if proven, could lead to discipline. 19.5 De minimis (minor or insignificant) variations from the following provisions shall not be the basis for overturning discipline or affect the admissibility of evidence. 19.6 Prior to questioning, the employee under investigation shall be informed of the name of the person in charge of the investigation and the name(s) of questioners, and all other persons to be present during the questioning. The employee shall be informed of what investigative section the investigator represents. 19.7 The questioning shall be conducted at a reasonable hour, preferably at a time when the employee is on duty or during the normal waking hours for the employee, unless the seriousness of the investigation requires otherwise. If such questioning occurs during off-duty time of the employee being questioned, the employee shall be compensated for such off-duty time in accordance with regular Employer procedures.be 19.8 Any questioning session shall be for a reasonable period, taking into consideration the gravity and complexity of the issue being investigated. Employees being questioned shall be allowed to attend to their own personal physical necessities as needed. 19.9 If prior to or during any questioning it appears the employee's actions or omissions may amount to criminal conduct, the investigation shall stop and the Chief shall be notified immediately. The Chief shall determine whether to continue the administrative investigation or to conduct a criminal investigation or both. 19.10 Any criminal investigation of an employee conducted by the Employer will be conducted by the Investigative Services Bureau. Any attempt to obtain a written or verbal statement from the suspected employee will be preceded by the giving of and inquiring as to the understanding of the employee's constitutional rights. A suspected employee is one for whom a criminal investigation has gone past the investigatory stage to the accusatory stage. 19.11 Employees are required to fully and truthfully answer all questions asked during, and cooperate fully in, any and all administrative investigations. All questions asked and actions taken during such administrative investigations will be specifically, directly, and narrowly related to performance of duties within the scope of employment and fitness to hold the position. 19.12 Whenever an employee is being investigated, the employee shall be informed of the general scope of the investigation prior to questioning. The notification shall include the name of the complainant, the complaint form completed by the complainant, the date of the incident, the specific rules the Employer alleges were violated, whether the complainant has signed a complaint form, and a summary of the factual allegations against the employee sufficient to reasonably apprise the employee of the nature of the charges. The employee may agree to answer questions at that time or request that questioning be delayed for up to five (5) calendar days in order to obtain legal advice or other assistance. If the Employer decides to substitute the Agency as the complainant, the Employer agrees to contact the Association to discuss the reasons for doing so.

EMPLOYEE RIGHTS IN INVESTIGATIONS. 19.1 The Employer has the authority to determine the method of conducting investigations, including the procedures contained in the Administrative Investigation Manual; however, an investigation based on a complaint must be conducted in an open and fair manner, with the truth as the primary objective. Prior to implementation of changes to any term or provision of the Regulation Manual or the Administrative Investigation Manual concerning internal investigations, the Employer will send copies of the proposed changes to the President of the Association. The Employer will consider any comments or concerns of the Association before finalizing and publishing the changes. This Section shall not be interpreted to restrict the Association’s right, under state law, to bargain the decision and/or impact of changes in subjects of bargaining where the Employer is compelled to negotiate over the matter by state law. 19.2 Because police officers must be free to exercise their best judgment and to initiate law enforcement in a reasonable, lawful and impartial manner, and because the Employer is committed to respecting the rights of bargaining unit employees by providing procedural protection to all employees during the complaint and disciplinary process, complaints involving members of the bargaining unit shall be resolved in a manner that is expeditious, fair, just, reduces the amount of formal process and is designed to resolve issues at the lowest possible level. The Employer will continue to use the Non-Investigative Matters (NIM) and Settlement Agreement Process as mechanisms for accomplishing this goal.by 19.3 The Employer accepts and investigates complaints against employees. The Employer shall continue to use an Internal Incident Report (IIR) form. The form shall contain at least the following information: A. The complainant’s name and address; B. The date of the complaint; C. The specific allegations against the employee; and D. A signature line for the complainant’s use. Anonymous minor complaints shall not be investigated; however, the employee shall be informed that an anonymous complaint has been received. The Employer may document receipt of the complaint, but such documentation shall not be included in the employee’s complaint history or personnel file. Anonymous moderate and major complaints may be investigated. The Employer shall instruct its employees on the Employer’s procedures to be followed in accepting citizen complaints. 19.4 The provisions of this Article shall not apply to routine discussions with an employee in the normal course of duty. These provisions shall apply when the employee is subject to questioning by a supervisor or any other member of the Agency, and where such questioning is about actions or a failure to act by the employee that, if proven, could lead to discipline. 19.5 De minimis (minor or insignificant) variations from the following provisions shall not be the basis for overturning discipline or affect the admissibility of evidence. 19.6 Prior to questioning, the employee under investigation shall be informed of the name of the person in charge of the investigation and the name(s) of questioners, and all other persons to be present during the questioning. The employee shall be informed of what investigative section the investigator represents. 19.7 The questioning shall be conducted at a reasonable hour, preferably at a time when the employee is on duty or during the normal waking hours for the employee, unless the seriousness of the investigation requires otherwise. If such questioning occurs during off-duty time of the employee being questioned, the employee shall be compensated for such off-duty time in accordance with regular Employer procedures. 19.8 Any questioning session shall be for a reasonable period, taking into consideration the gravity and complexity of the issue being investigated. Employees being questioned shall be allowed to attend to their own personal physical necessities as needed.being 19.9 If prior to or during any questioning it appears the employee's actions or omissions may amount to criminal conduct, the investigation shall stop and the Chief shall be notified immediately. The Chief shall determine whether to continue the administrative investigation or to conduct a criminal investigation or both. 19.10 Any criminal investigation of an employee conducted by the Employer will be conducted by the Investigative Services Bureau. Any attempt to obtain a written or verbal statement from the suspected employee will be preceded by the giving of and inquiring as to the understanding of the employee's constitutional rights. A suspected employee is one for whom a criminal investigation has gone past the investigatory stage to the accusatory stage. 19.11 Employees are required to fully and truthfully answer all questions asked during, and cooperate fully in, any and all administrative investigations. All questions asked and actions taken during such administrative investigations will be specifically, directly, and narrowly related to performance of duties within the scope of employment and fitness to hold the position. 19.12 Whenever an employee is being investigated, the employee shall be informed of the general scope of the investigation prior to questioning. The notification shall include the name of the complainant, the complaint form completed by the complainant, the date of the incident, the specific rules the Employer alleges were violated, whether the complainant has signed a complaint form, and a summary of the factual allegations against the employee sufficient to reasonably apprise the employee of the nature of the charges. The employee may agree to answer questions at that time or request that questioning be delayed for up to five (5) calendar days in order to obtain legal advice or other assistance. If the Employer decides to substitute the Agency as the complainant, the Employer agrees to contact the Association to discuss the reasons for doing so.

EMPLOYEE RIGHTS IN INVESTIGATIONS. 19.1 The Employer has the authority to determine the method of conducting investigations, including the procedures contained in the Administrative Investigation Manual; however, an investigation based on a complaint must be conducted in an open and fair manner, with the truth as the primary objective. Prior to implementation of changes to any term or provision of the Regulation Manual or the Administrative Investigation Manual concerning internal investigations, the Employer will send copies of the proposed changes to the President of the Association. The Employer will consider any comments or concerns of the Association before finalizing and publishing the changes. This Section shall not be interpreted to restrict the Association’s right, under state law, to bargain the decision and/or impact of changes in subjects of bargaining where the Employer is compelled to negotiate over the matter by state law., 19.2 Because police officers must be free to exercise their best judgment and to initiate law enforcement in a reasonable, lawful and impartial manner, and because the Employer is committed to respecting the rights of bargaining unit employees by providing procedural protection to all employees during the complaint and disciplinary process, complaints involving members of the bargaining unit shall be resolved in a manner that is expeditious, fair, just, reduces the amount of formal process and is designed to resolve issues at the lowest possible level. The Employer will continue to use the Non-Investigative Matters (NIM) and Settlement Agreement Process as mechanisms for accomplishing this goal. 19.3 The Employer accepts and investigates complaints against employees. The Employer shall continue to use an Internal Incident Report (IIR) form. The form shall contain at least the following information: A. The complainant’s name and address; B. The date of the complaint; C. The specific allegations against the employee; and D. A signature line for the complainant’s use. Anonymous minor complaints shall not be investigated; however, the employee shall be informed that an anonymous complaint has been received. The Employer may document receipt of the complaint, but such documentation shall not be included in the employee’s complaint history or personnel file. Anonymous moderate and major complaints may be investigated. The Employer shall instruct its employees on the Employer’s procedures to be followed in accepting citizen complaints. 19.4 The provisions of this Article shall not apply to routine discussions with an employee in the normal course of duty. These provisions shall apply when the employee is subject to questioning by a supervisor or any other member of the Agency, and where such questioning is about actions or a failure to act by the employee that, if proven, could lead to discipline. 19.5 De minimis (minor or insignificant) variations from the following provisions shall not be the basis for overturning discipline or affect the admissibility of evidence. 19.6 Prior to questioning, the employee under investigation shall be informed of the name of the person in charge of the investigation and the name(s) of questioners, and all other persons to be present during the questioning. The employee shall be informed of what investigative section the investigator represents., 19.7 The questioning shall be conducted at a reasonable hour, preferably at a time when the employee is on duty or during the normal waking hours for the employee, unless the seriousness of the investigation requires otherwise. If such questioning occurs during off-duty time of the employee being questioned, the employee shall be compensated for such off-duty time in accordance with regular Employer procedures. 19.8 Any questioning session shall be for a reasonable period, taking into consideration the gravity and complexity of the issue being investigated. Employees being questioned shall be allowed to attend to their own personal physical necessities as needed. 19.9 If prior to or during any questioning it appears the employee's actions or omissions may amount to criminal conduct, the investigation shall stop and the Chief shall be notified immediately. The Chief shall determine whether to continue the administrative investigation or to conduct a criminal investigation or both. 19.10 Any criminal investigation of an employee conducted by the Employer will be conducted by the Investigative Services Bureau. Any attempt to obtain a written or verbal statement from the suspected employee will be preceded by the giving of and inquiring as to the understanding of the employee's constitutional rights. A suspected employee is one for whom a criminal investigation has gone past the investigatory stage to the accusatory stage. 19.11 Employees are required to fully and truthfully answer all questions asked during, and cooperate fully in, any and all administrative investigations. All questions asked and actions taken during such administrative investigations will be specifically, directly, and narrowly related to performance of duties within the scope of employment and fitness to hold the position. 19.12 Whenever an employee is being investigated, the employee shall be informed of the general scope of the investigation prior to questioning. The notification shall include the name of the complainant, the complaint form completed by the complainant, the date of the incident, the specific rules the Employer alleges were violated, whether the complainant has signed a complaint form, and a summary of the factual allegations against the employee sufficient to reasonably apprise the employee of the nature of the charges. The employee may agree to answer questions at that time or request that questioning be delayed for up to five (5) calendar days in order to obtain legal advice or other assistance. If the Employer decides to substitute the Agency as the complainant, the Employer agrees to contact the Association to discuss the reasons for doing so.Employer

EMPLOYEE RIGHTS IN INVESTIGATIONS. 19.1 17.1 The Employer has the authority to determine the method of conducting investigations, including the procedures contained in the Administrative Investigation Manual; however, an investigation based on a complaint must be conducted in an open and fair manner, with the truth as the primary objective. Prior to implementation of changes Any proposed change to any term or provision of the Regulation Manual or the Administrative Investigation Investigations Manual concerning internal investigations, the Employer will send copies of the proposed changes investigations shall be subject to the President of the Associationconcurrence process in Article 20. The Employer will consider any comments or concerns of the Association before finalizing and publishing the changes. This Section shall not be interpreted to restrict the Association’s right, under state law, to bargain the decision and/or impact of changes in subjects of bargaining where the Employer is compelled to negotiate over the matter by state law. 19.2 Because police officers must be free to exercise their best judgment and to initiate law enforcement in a reasonable, lawful and impartial manner, and because the Employer is committed to respecting the rights of bargaining unit employees by providing procedural protection to all employees during the complaint and disciplinary process, complaints involving members of the bargaining unit shall be resolved in a manner that is expeditious, fair, just, reduces the amount of formal process and is designed to resolve issues at the lowest possible level. The Employer will continue to use the Non-Investigative Matters (NIM) and Settlement Agreement Process as mechanisms for accomplishing this goal. 19.3 17.2 The Employer accepts and investigates complaints against employees. The Employer shall continue to use an Internal Incident Report (IIR) a citizen complaint form. The form shall contain at least the following information: A. The complainant’s name and address; B. The date of the complaint; C. The specific allegations against the employee; and D. A signature line for the complainant’s use. Anonymous minor complaints The citizen shall be advised that if he/she chooses not be investigated; howeverto sign the form and if the allegation is minor, the Employer will not investigate the complaint but will advise the employee shall be informed that an anonymous complaint has been receivedof the existence of the complaint. The Employer may document receipt of the complaint, but such documentation shall not be included in the employee’s complaint history or personnel file. Anonymous A citizen choosing not to sign the form will also be advised that if the allegation is moderate and major complaints may be investigated. The or major, the Employer shall instruct its employees on reserves the Employer’s procedures right not to be followed in accepting citizen complaintspursue an investigation and/or to discontinue an investigation once commenced. 19.4 17.3 The provisions of this Article shall will not apply to routine discussions with an employee in the normal course of duty. These provisions They shall apply when the employee is subject to questioning by a supervisor or any other member of the AgencyDepartment, and where the employee reasonably believes such questioning is about actions or a failure to act by the employee employee, that, if proven, could lead to discipline. 19.5 17.4 De minimis (minor or insignificant) variations from the following provisions shall not be the basis for overturning discipline or affect the admissibility of evidence. 19.6 17.5 Prior to questioning, the employee under investigation shall be informed of the name of the person in charge of the investigation and investigation, the name(s) of questioners, his/her questioners and all other persons to be present during the questioning. The employee shall be informed of what investigative section the investigator represents. 19.7 17.6 The questioning shall be conducted at a reasonable hour, preferably at a time when while the employee is on duty or during the normal waking hours for the employeeduty, unless the seriousness of the investigation requires otherwise. If such the questioning occurs during off-duty time of the employee being questioned, the employee shall be compensated for such off-duty time in accordance with regular Employer procedures. If an employee is required to return from leave to appear for questioning, the employee shall be paid for the time under the provisions for a call out under Article 10.6, and the employee will have leave hours equal to the amount of time spent appearing for the questioning (including travel time), rounded up to the nearest hour, returned to the appropriate leave balance. 19.8 17.7 Any questioning session shall be for a reasonable period, taking into consideration the gravity and complexity of the issue being investigated. Employees being questioned shall be allowed to attend to their own personal physical necessities as needed. 19.9 17.8 If prior to or during any questioning it appears the employee's ’s actions or omissions may amount to criminal conduct, the investigation shall stop and the Chief shall be notified immediately. The Chief shall determine whether to continue the administrative investigation or to conduct a criminal investigation or both. 19.10 Any 17.9 During any criminal investigation conducted of an employee conducted by the Employer will be conducted by the Investigative Services Bureau. Any or its agent, any attempt to obtain a written or verbal statement from the suspected employee under investigation will be preceded by the giving of and inquiring as to the understanding of the employee's ’s constitutional rights. A suspected employee is one for whom a criminal investigation has gone past the investigatory stage to the accusatory stage. 19.11 17.10 Employees are required to fully and truthfully answer all questions asked during, and cooperate fully in, any and all administrative investigations. All questions asked and actions taken during such administrative investigations will be specifically, directly, and narrowly related to performance of duties within the scope of employment and fitness to hold the position. 19.12 Whenever an employee is being investigated17.11 Prior to any questioning, the employee being investigated shall be informed in writing of the general scope name(s) of the investigation prior to questioning. The notification shall include complainant(s), if known (unless the name of the complainant, the complaint form completed by the complainantcomplainant is a peer or subordinate), the date of the incidentcomplaint was received, the specific rules the Employer alleges were violated, whether the complainant has signed a complaint formviolations alleged, and a summary of the factual allegations against the employee sufficient to reasonably apprise the employee of the nature of the chargesDepartment rules or regulations allegedly violated. The employee may agree to answer questions at that time or request that questioning be delayed for up to five (5) calendar days in order to obtain legal advice or other assistance. If the Employer decides to substitute the Agency Department as the complainant, the Employer agrees to contact the Association to discuss the reasons for doing so.

EMPLOYEE RIGHTS IN INVESTIGATIONS. 19.1 The Employer has the authority to determine the method of conducting investigations, including the procedures contained in the Administrative Investigation Manual; however, an investigation based on a complaint must be conducted in an open and fair manner, with the truth as the primary objective. Prior to implementation of changes to any term or provision of the Regulation Manual or the Administrative Investigation Manual concerning internal investigations, the Employer will send copies of the proposed changes to the President of the Association. The Employer will consider any comments or concerns of the Association before finalizing and publishing the changes. This Section shall not be interpreted to restrict the Association’s right, under state law, to bargain the decision and/or impact of changes in subjects of bargaining where the Employer is compelled to negotiate over the matter by state law. 19.2 Because police officers must be free to exercise their best judgment and to initiate law enforcement in a reasonable, lawful and impartial manner, and because the Employer is committed to respecting the rights of bargaining unit employees by providing procedural protection to all employees during the complaint and disciplinary process, complaints involving members of the bargaining unit shall be resolved in a manner that is expeditious, fair, just, reduces the amount of formal process and is designed to resolve issues at the lowest possible level. The Employer will continue to use the Non-Investigative Matters (NIM) and Settlement Agreement Process as mechanisms for accomplishing this goal. 19.3 The Employer accepts and investigates complaints against employees. The Employer shall continue to use an Internal Incident Report (IIR) form. The form shall contain at least the following information: A. The complainant’s name and address; B. The date of the complaint; C. The specific allegations against the employee; and D. A signature line for the complainant’s use. Anonymous minor complaints shall not be investigated; however, the employee shall be informed that an anonymous complaint has been received. The Employer may document receipt of the complaint, but such documentation shall not be included in the employee’s complaint history or personnel file. Anonymous moderate and major complaints may be investigated. The Employer shall instruct its employees on the Employer’s procedures to be followed in accepting citizen complaints. 19.4 The provisions of this Article shall not apply to routine discussions with an employee in the normal course of duty. These provisions shall apply when the employee is subject to questioning by a supervisor or any other member of the Agency, and where such questioning is about actions or a failure to act by the employee that, if proven, could lead to discipline. 19.5 De minimis (minor or insignificant) variations from the following provisions shall not be the basis for overturning discipline or affect the admissibility of evidence. 19.6 Prior to questioning, the employee under investigation shall be informed of the name of the person in charge of the investigation and the name(s) of questioners, and all other persons to be present during the questioning. The employee shall be informed of what investigative section the investigator represents. 19.7 The questioning shall be conducted at a reasonable hour, preferably at a time when the employee is on duty or during the normal waking hours for the employee, unless the seriousness of the investigation requires otherwise. If such questioning occurs during off-duty time of the employee being questioned, the employee shall be compensated for such off-duty time in accordance with regular Employer procedures. 19.8 Any questioning session shall be for a reasonable period, taking into consideration the gravity and complexity of the issue being investigated. Employees being questioned shall be allowed to attend to their own personal physical necessities as needed. 19.9 If prior to or during any questioning it appears the employee's actions or omissions may amount to criminal conduct, the investigation shall stop and the Chief shall be notified immediately. The Chief shall determine whether to continue the administrative investigation or to conduct a criminal investigation or both. 19.10 Any criminal investigation of an employee conducted by the Employer will be conducted by the Investigative Services Bureau. Any attempt to obtain a written or verbal statement from the suspected employee will be preceded by the giving of and inquiring as to the understanding of the employee's constitutional rights. A suspected employee is one for whom a criminal investigation has gone past the investigatory stage to the accusatory stage. 19.11 Employees are required to fully and truthfully answer all questions asked during, and cooperate fully in, any and all administrative investigations. All questions asked and actions taken during such administrative investigations will be specifically, directly, and narrowly related to performance of duties within the scope of employment and fitness to hold the position. 19.12 Whenever an employee is being investigated, the employee shall be informed of the general scope of the investigation prior to questioning. The notification shall include the name of the complainant, the complaint form completed by the complainant, the date of the incident, the specific rules the Employer alleges were violated, whether the complainant has signed a complaint form, and a summary of the factual allegations against the employee sufficient to reasonably apprise the employee of the nature of the charges. The employee may agree to answer questions at that time or request that questioning be delayed for up to five (5) calendar days in order to obtain legal advice or other assistance. If the Employer decides to substitute the Agency as the complainant, the Employer agrees to contact the Association to discuss the reasons for doing so.were

EMPLOYEE RIGHTS IN INVESTIGATIONS. 19.1 The Employer has the authority to determine the method of conducting investigations, including the procedures contained in the Administrative Investigation Manual; however, an investigation based on a complaint must be conducted in an open and fair manner, with the truth as the primary objective. Prior to implementation of changes to any term or provision of the Regulation Manual or the Administrative Investigation Manual concerning internal investigations, the Employer will send copies of the proposed changes to the President of the Association. The Employer will consider any comments or concerns of the Association before finalizing and publishing the changes. This Section shall not be interpreted to restrict the Association’s right, under state law, to bargain the decision and/or impact of changes in subjects of bargaining where the Employer is compelled to negotiate over the matter by state law. 19.2 Because police officers must be free to exercise their best judgment and to initiate law enforcement in a reasonable, lawful and impartial manner, and because the Employer is committed to respecting the rights of bargaining unit employees by providing procedural protection to all employees during the complaint and disciplinary process, complaints involving members of the bargaining unit shall be resolved in a manner that is expeditious, fair, just, reduces the amount of formal process and is designed to resolve issues at the lowest possible level. The Employer will continue to use the Non-Investigative Matters (NIM) and Settlement Agreement Process as mechanisms for accomplishing this goal.the 19.3 The Employer accepts and investigates complaints against employees. The Employer shall continue to use an Internal Incident Report (IIR) form. The form shall contain at least the following information: A. The complainant’s name and address; B. The date of the complaint; C. The specific allegations against the employee; and D. A signature line for the complainant’s use. Anonymous minor complaints shall not be investigated; however, the employee shall be informed that an anonymous complaint has been received. The Employer may document receipt of the complaint, but such documentation shall not be included in the employee’s complaint history or personnel file. Anonymous moderate and major complaints may be investigated. The Employer shall instruct its employees on the Employer’s procedures to be followed in accepting citizen complaints. 19.4 The provisions of this Article shall not apply to routine discussions with an employee in the normal course of duty. These provisions shall apply when the employee is subject to questioning by a supervisor or any other member of the Agency, and where such questioning is about actions or a failure to act by the employee that, if proven, could lead to discipline. 19.5 De minimis (minor or insignificant) variations from the following provisions shall not be the basis for overturning discipline or affect the admissibility of evidence. 19.6 Prior to questioning, the employee under investigation shall be informed of the name of the person in charge of the investigation and the name(s) of questioners, and all other persons to be present during the questioning. The employee shall be informed of what investigative section the investigator represents. 19.7 The questioning shall be conducted at a reasonable hour, preferably at a time when the employee is on duty or during the normal waking hours for the employee, unless the seriousness of the investigation requires otherwise. If such questioning occurs during off-off- duty time of the employee being questioned, the employee shall be compensated for such off-duty time in accordance with regular Employer procedures. 19.8 Any questioning session shall be for a reasonable period, taking into consideration the gravity and complexity of the issue being investigated. Employees being questioned shall be allowed to attend to their own personal physical necessities as needed. 19.9 If prior to or during any questioning it appears the employee's actions or omissions may amount to criminal conduct, the investigation shall stop and the Chief shall be notified immediately. The Chief shall determine whether to continue the administrative investigation or to conduct a criminal investigation or both. 19.10 Any criminal investigation of an employee conducted by the Employer will be conducted by the Investigative Services Bureau. Any attempt to obtain a written or verbal statement from the suspected employee will be preceded by the giving of and inquiring as to the understanding of the employee's constitutional rights. A suspected employee is one for whom a criminal investigation has gone past the investigatory stage to the accusatory stage.the 19.11 Employees are required to fully and truthfully answer all questions asked during, and cooperate fully in, any and all administrative investigations. All questions asked and actions taken during such administrative investigations will be specifically, directly, and narrowly related to performance of duties within the scope of employment and fitness to hold the position. 19.12 Whenever an employee is being investigated, the employee shall be informed of the general scope of the investigation prior to questioning. The notification shall include the name of the complainant, the complaint form completed by the complainant, the date of the incident, the specific rules the Employer alleges were violated, whether the complainant has signed a complaint form, and a summary of the factual allegations against the employee sufficient to reasonably apprise the employee of the nature of the charges. The employee may agree to answer questions at that time or request that questioning be delayed for up to five (5) calendar days in order to obtain legal advice or other assistance. If the Employer decides to substitute the Agency as the complainant, the Employer agrees to contact the Association to discuss the reasons for doing so.

EMPLOYEE RIGHTS IN INVESTIGATIONS. 19.1 17.1 The Employer has the authority to determine the method of conducting investigations, including the procedures contained in the Administrative Investigation Manual; however, an investigation based on a complaint must be conducted in an open and fair manner, with the truth as the primary objective. Prior to implementation of changes Any proposed change to any term or provision of the Regulation Manual or the Administrative Investigation Investigations Manual concerning internal investigations, the Employer will send copies of the proposed changes investigations shall be subject to the President of the Associationconcurrence process in Article 20. The Employer will consider any comments or concerns of the Association before finalizing and publishing the changes. This Section shall not be interpreted to restrict the Association’s right, under state law, to bargain the decision and/or impact of changes in subjects of bargaining where the Employer is compelled to negotiate over the matter by state law. 19.2 Because police officers must be free to exercise their best judgment and to initiate law enforcement in a reasonable, lawful and impartial manner, and because the Employer is committed to respecting the rights of bargaining unit employees by providing procedural protection to all employees during the complaint and disciplinary process, complaints involving members of the bargaining unit shall be resolved in a manner that is expeditious, fair, just, reduces the amount of formal process and is designed to resolve issues at the lowest possible level. The Employer will continue to use the Non-Investigative Matters (NIM) and Settlement Agreement Process as mechanisms for accomplishing this goal. 19.3 17.2 The Employer accepts and investigates complaints against employees. The Employer shall continue to use an Internal Incident Report (IIR) a citizen complaint form. The form shall contain at least the following information: A. The complainant’s name and address; B. The date of the complaint; C. The specific allegations against the employee; and D. A signature line for the complainant’s use. Anonymous minor complaints The citizen shall be advised that if he/she chooses not be investigated; howeverto sign the form and if the allegation is minor, the Employer will not investigate the complaint but will advise the employee shall be informed that an anonymous complaint has been receivedof the existence of the complaint. The Employer may document receipt of the complaint, but such documentation shall not be included in the employee’s complaint history or personnel file. Anonymous A citizen choosing not to sign the form will also be advised that if the allegation is moderate and major complaints may be investigated. The or major, the Employer shall instruct its employees on reserves the Employer’s procedures right not to be followed in accepting citizen complaintspursue an investigation and/or to discontinue an investigation once commenced. 19.4 17.3 The provisions of this Article shall will not apply to routine discussions with an employee in the normal course of duty. These provisions They shall apply when the employee is subject to questioning by a supervisor or any other member of the AgencyDepartment, and where the employee reasonably believes such questioning is about actions or a failure to act by the employee employee, that, if proven, could lead to discipline. 19.5 17.4 De minimis (minor or insignificant) variations from the following provisions shall not be the basis for overturning discipline or affect the admissibility of evidence. 19.6 17.5 Prior to questioning, the employee under investigation shall be informed of the name of the person in charge of the investigation and investigation, the name(s) of questioners, his/her questioners and all other persons to be present during the questioning. The employee shall be informed of what investigative section the investigator represents. 19.7 17.6 The questioning shall be conducted at a reasonable hour, preferably at a time when while the employee is on duty or during the normal waking hours for the employeeduty, unless the seriousness of the investigation requires otherwise. If such the questioning occurs during off-duty time of the employee being questioned, the employee shall be compensated for such off-duty time in accordance with regular Employer procedures. If an employee is required to return from leave to appear for questioning, the employee shall be paid for the time under the provisions for a call out under Article 10.6, and the employee will have leave hours equal to the amount of time spent appearing for the questioning (including travel time), rounded up to the nearest hour, returned to the appropriate leave balance. 19.8 17.7 Any questioning session shall be for a reasonable period, taking into consideration the gravity and complexity of the issue being investigated. Employees being questioned shall be allowed to attend to their own personal physical necessities as needed.being 19.9 17.8 If prior to or during any questioning it appears the employee's ’s actions or omissions may amount to criminal conduct, the investigation shall stop and the Chief shall be notified immediately. The Chief shall determine whether to continue the administrative investigation or to conduct a criminal investigation or both. 19.10 Any 17.9 During any criminal investigation conducted of an employee conducted by the Employer will be conducted by the Investigative Services Bureau. Any or its agent, any attempt to obtain a written or verbal statement from the suspected employee under investigation will be preceded by the giving of and inquiring as to the understanding of the employee's ’s constitutional rights. A suspected employee is one for whom a criminal investigation has gone past the investigatory stage to the accusatory stage. 19.11 17.10 Employees are required to fully and truthfully answer all questions asked during, and cooperate fully in, any and all administrative investigations. All questions asked and actions taken during such administrative investigations will be specifically, directly, and narrowly related to performance of duties within the scope of employment and fitness to hold the position. 19.12 Whenever an employee is being investigated17.11 Prior to any questioning, the employee being investigated shall be informed in writing of the general scope name(s) of the investigation prior to questioning. The notification shall include complainant(s), if known (unless the name of the complainant, the complaint form completed by the complainantcomplainant is a peer or subordinate), the date of the incidentcomplaint was received, the specific rules the Employer alleges were violated, whether the complainant has signed a complaint formviolations alleged, and a summary of the factual allegations against the employee sufficient to reasonably apprise the employee of the nature of the chargesDepartment rules or regulations allegedly violated. The employee may agree to answer questions at that time or request that questioning be delayed for up to five (5) calendar days in order to obtain legal advice or other assistance. If the Employer decides to substitute the Agency Department as the complainant, the Employer agrees to contact the Association to discuss the reasons for doing so.