FORMAL INVESTIGATIONS Sample Clauses

FORMAL INVESTIGATIONS. If after this informal investigation (as described in Subsection C(l) of this Article), the Department determines that further investigation is warranted, such further investigation shall be conducted in accordance with the following general guidelines: (a) An employee, who is the subject of an internal investigation, shall be informed, in writing of the existence of the complaint and/or the specific allegations which initiated the PSI. (b) Employees shall be given specific notice of any charges that have been or could be filed against him and of the specific nature of the investigation. (c) An employee, who is the subject of an internal investigation, shall have the right to be represented by a designated representative, or an attorney. The employee and/ or the FOP will bear the cost of such representation by an attorney. The City will pay the FOP representative his/her regular pay for attendance at such interview during his/her regular duty cycle. Investigative interviews shall be suspended for a reasonable time, not to exceed three (3) days, to allow for a representative(s) of the employee's choosing to be present for the interview. (d) Representatives may not be a witness in, the subject or potential subject of the administrative investigation or be a supervisor in the chain of command of the employee. The representative's role shall be that of an advisor and counsel to the employee. (e) The employee may request the presence of a representative or legal counsel of his choice before or during any related interview, but that representative will not be permitted to interrupt or otherwise disrupt the interviewer's questioning. Further the representative shall not answer any questions on behalf of the employee. (f) An employee who is the subject of an investigation shall be given seventy- two (72) hour notice prior to being required to attend any meetings, interviews, or hearings held as a part of such investigation or a meeting that would likely lead to disciplinary action. The seventy-two (72) hour notice period may be waived if the Chief determines that there is a critical need for an immediate interview. (g) The employee shall be given a Xxxxxxx advisement prior to any questioning in a PSI. Questions will be specifically directed and related to the alleged violation. Employees shall assist the investigation and shall furnish information and/or give statements as requested. All employees are required to be truthful when they are participating in a PSI. (...
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FORMAL INVESTIGATIONS. 17.1 Both parties agree that formal investigations involving allegations of administrative and / or criminal misconduct by Deputies will be received, processed, conducted, and completed in accordance with established directives, Civil Service Rules, the Police Officer Xxxx of Rights as described by Florida Statute, and other applicable laws. 17.2 The sole remedy available for an alleged violation of the Police Officer Xxxx of Rights as described by Florida Statute are the remedies available in F.S.S. 112.534 or other applicable law, and in no event shall an alleged violation of the Police Officer Xxxx of Rights under Florida Statutes 112.532 and / or 112.533 be subject to the grievance procedures or processes described herein. 17.3 A formal administrative complaint of misconduct is defined as an accusation or charge accusing a member of the Sheriff’s Office of violating a policy, procedure, rule, regulation, or other official directive. This does not include a complainant’s misunderstanding or disagreement with the application of law or Sheriff’s Office directives. 17.4 Upon receipt of a formal administrative complaint, the investigating supervisor or Internal Affairs investigator shall notify the affected Deputy(s) in writing of the nature of the complaint and identify all complainants prior to an investigative interview with the named Deputy. In cases where advanced notice could jeopardize the investigation, the written notification may be given immediately prior to the investigative interview as permitted by applicable law. Such limited notice shall not be made without cause. Deputies shall have the right to be accompanied by counsel or a representative of their choice during any formal investigative interviews. All formal investigative interviews with Deputies who are the named subject of a formal investigation shall be audio recorded by the Employer. Nothing contained in this Article shall preclude the Employer from initially speaking with any Deputy informally and / or obtaining a written synopsis about an incident involving a complaint to determine if there is any basis to proceed with a formalized investigation subject to the rights and privileges described herein. 17.5 Allegations of a less serious nature will generally be investigated at the District / Division level by the Employer’s assigned supervisor. Allegations that require investigation by Internal Affairs are those involving: corruption, violation of civil rights, sexual harassment, incid...
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FORMAL INVESTIGATIONS. SECTION I The parties recognize that the security of the City, and its citizens, depends to a great extent upon the manner in which the employee covered by this Agreement perform their various duties. Additionally, the parties recognize that the performance of such duties involves these employees in all manners of contacts and relationships with the public. Out of such contacts, and/or relationships, questions may arise or complaints may be made concerning the actions of employees covered by this Agreement. Investigations of such questions and complaints will be conducted by, or under the direction of departmental management officials. The primary concern of the officials must be the security of the City, the preservation of the public interest, and fair and objective investigation of all allegations made against law enforcement officers. All criminal investigations must be sworn to in writing. SECTION II In order to maintain the security of the City and protect the interests if its citizens, the parties agree that the City must have the unrestricted right to conduct investigations of citizen's complaints and matters of internal security. The parties understand that any investigation and investigative interrogation of any employee covered by this Agreement, relative to citizen's complaint and/or matter of internal security, will be conducted in compliance with Chapter 112.532 and 112.533, Florida Statutes. Complaints will include all written statements, video, and audio recordings. SECTION III Should an employee be charged with conduct unbecoming an officer, the charge will be specific in its allegations, and will describe the conduct that is the basis of the charge. In cases where it is decided to relieve an employee from duty, pending an investigation or other administrative action, the employee will remain on full salary and will suffer no loss of benefits during this period of time, unless the employee is arrested for a first degree misdemeanor or felony. SECTION IV When an investigation of an employee by the department is completed, the Chief of Police or designee will determine disposition of the investigation according to the following.
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FORMAL INVESTIGATIONS. (a) A formal investigation will be held: (i) in the case of an employee committing an alleged dismissable offense; (ii) when an employee is alleged to have committed a minor offense where the seriousness of such offense might warrant discipline to the extent that when added to his/her current record could result in discharge for accumulation of demerit marks; (iii) when an employee is alleged to have been involved in a major incident; (iv) when an employee is involved in an incident where the need for information and appropriate documentation is required by order, regulation or Company requirements. (b) When required to attend a formal investigation, an employee will be given at least 24 hours' notice in writing. The notice will include the date, time, place and subject matter of the hearing. (c) Where an employee wishes to have an *accredited representative appear with him/her at a hearing and such a representative cannot be made available for the time set for the hearing, the employee, either directly or through an accredited representative, may seek a delay in the hearing sufficient for the Union to have an accredited representative made available. Concurrence to such a request will not be unreasonably withheld by the proper officer of the Company. Application of this provision will not result in a need for a second notice period under the terms of Item (b) above. * For the purposes of the provision, the following Brotherhood Officers will be considered accredited representatives: System Federation General Chairman, Federation General Chairmen, General Chairmen, Area Chairmen, Local Chairmen, and Grievance Representatives (d) Where an employee so wishes, an accredited representative may appear with him/her at the hearing. Prior to the commencement of the hearing, the employee will be provided with a copy of all the written evidence as well as any oral evidence which has been recorded and which has a bearing on his/her involvement. The employee and his/her accredited representative will have the right to hear all of the evidence submitted and will be given an opportunity through the presiding officer to ask questions of the witnesses (including Company Officers where necessary) whose evidence may have a bearing on his/her involvement. The questions and answers will be recorded and the employee and his/her accredited representative will be furnished with a copy of the statement. (e) If corrective action is to be taken, the employee will be so notified in ...
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FORMAL INVESTIGATIONS. Section 1. Whenever an officer is under investigation by the Department in a matter which could lead to the suspension, demotion or dismissal of the officer under interrogation, the interrogation of such an officer shall be conducted in the following manner: a. The interrogation shall be conducted at a reasonable hour, preferably at a time when the officer is on duty, unless the seriousness of the investigation is of such a degree that an immediate action is required. b. The interrogation shall be conducted at the Police Station. c. The officer shall be advised if he or she is a witness or is under investigation and if under investigation shall be informed of the nature of the charge which is under investigation and the rank, name and command of the officer in charge of the investigation, the interrogation officer, and all persons present during the interrogation. In the event that an officer is called as a witness and during interrogation becomes the subject of an investigation, he or she shall be so informed and shall be given a reasonable opportunity to exercise the right to representation afforded by this Article. All questions directed to the officer under this interrogation shall be asked by and through one (1) interrogator at a time. d. Interrogation sessions shall be reasonable periods and shall be timed to allow for such personal necessities and rest periods as are reasonable. e. The officer under interrogation shall not be subjected to offensive language. No promises or reward shall be made as an inducement to answering any questions. f. The formal interrogation of the officer shall be recorded, and there shall be no unrecorded questions or statements. Additional recordation may be made by the officer or his or her representative. g. If the officer under investigation is under arrest or is likely to be placed under arrest as a result of the investigation, he or she shall be completely informed of all of his or her rights prior to the commencement of the interrogation. h. Upon the request of an officer who is the subject of an investigation covered by this Article, he or she shall have the right to be represented by a representative of his or her choice including any attorney who shall be i. The employee shall, if he or she so requests, receive a copy of his or her statement, any transcript which is prepared of the oral questions and answers or any summary of his or her testimony prepared by the Department. j. In any matter where an officer is req...
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FORMAL INVESTIGATIONS. The process and procedure for conducting a formal investigation, known as Administrative Investigation Boards (AIB) (also known as Administrative Board of Investigation (ABI) and Administrative Investigations (AI)), is established under VA Directive 0700 and VA Handbook 0700 or its successor and all applicable Regulations and Law. The Department agrees that before employees conduct a formal investigation, they shall be properly trained. Consistent with VA Handbook 0700, it is the responsibility of the Convening Authority to ensure that personnel conducting a formal investigation are sufficiently trained to perform duties of a board member. Additionally, the Convening Authority must ensure that the AIB, as a whole, has sufficient expertise and capability to completely address the issues to be investigated or are otherwise able to obtain the required expertise. The charge letter will include a list of the AIB members and whom the convening authority has determined are trained. Charge Letters used in formal investigations will be drafted consistent with VA Handbook 0700. Charge Letters are used to appoint board members to the formal investigation and define the scope of the investigation for such board members, including the general matter to be investigated and any special requirements or limitations on conduct of the investigation. Specific information about charge letters, including format and amendments, can be found in VA Handbook 0700. The Department will inform the Local, in writing, in advance of a formal administrative investigation when a bargaining unit employee is the subject of, or a witness in, the investigation or inquiry. If an employee is the subject of an investigation, the employee will be informed, in writing, of the right to union representation prior to being questioned or asked to provide a statement. The employee will also be informed, in writing, of the nature of the allegation(s) by receiving two copies of the Charge Letter. Once an employee requests union representation, except in very rare and unusual circumstances, no further questioning will take place until the Union is present. Investigations should consider all facts, circumstances, and human factors. An investigation must be completed in an expeditious and timely manner. Consistent with VA Handbook 0700, it is the goal of the Department to generally complete the formal investigation report within 45 calendar days of the date the formal investigation is convened. If the AIB me...
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FORMAL INVESTIGATIONS. Formal investigations are commander directed investigations. a. Investigators should be knowledgeable of investigative procedures. b. The Employer will inform the union in advance of a formal administrative investigation when a bargaining unit employee is the subject of the investigation or inquiry. c. Investigations should consider all facts, circumstances, and human factors. An investigation shall be conducted in an expeditious and timely manner. d. Employees have the right to be represented by the Union while being questioned in a formal investigation or while being required to provide a written or sworn statement. Before such questioning begins or a statement given, employees will be informed of the reasons they are being questioned or asked to provide a statement. The employees are reminded of their Fifth Amendment rights. e. Once an employee requests union representation no further questioning will take place until the union is present. The union will respond and the employer will make the union representative available in a timely manner. f. Supervisors, employees, and union representatives will not, except as specifically authorized, disclose any information about an investigation outside the chain of command. A copy of the statement of the employee will be given to the employee and/or the employee’s representative upon request. If no action was taken as a result of this investigation, the employee who was the subject will receive the findings. g. The subject of the investigation and the union can request a copy of the complete investigation file (not just the evidence file) and all other relevant and pertinent information which would be provided under the Freedom of Information Act (FOIA) or 5 USC Section 7114. The employer will provide a written explanation of any denial of information requested, the authority under which the information is not given in a timely manner, and/or the reason(s) for denial. h. Employee rights and obligations will be consistently applied throughout CAFB. i. When an employee has requested union representation in an investigative proceeding, the union representative may fully represent the employee and is not limited to the role of an observer.
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FORMAL INVESTIGATIONS 
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Related to FORMAL INVESTIGATIONS

  • Geotechnical Investigation Perform in accordance with the City Design Manual and other City requirements as designated in writing by the Director.

  • Cooperation with Investigations You agree to cooperate with us in the investigation of unusual transactions, poor quality transmissions, and resolution of customer claims, including by providing, upon request and without further cost, any originals or copies of items deposited through the Service in your possession and your records relating to such items and transmissions.

  • Complaints Investigation The employee who complains of harassment under the provisions of the Human Rights Code must first comply with the Employer’s harassment policy procedures before filing a grievance or human rights complaint.

  • COMPLAINTS AND INVESTIGATIONS 1. This article applies to complaints or allegations made externally and not from normal supervisory activities. 2. A department head shall be responsible for ensuring that all allegations of misconduct or other complaints against an employee on which any action is to be taken or a record is to be made shall be investigated. The investigator shall be allowed to interview the complainant prior to notifying the employee.

  • Environmental Investigation (a) Heritage shall engage an environmental consultant acceptable to Acquiror to conduct a preliminary ("Phase I") environmental assessment of each of the parcels of real estate used in the operation of the businesses of Heritage and any Heritage Subsidiary and any other real estate owned by Heritage or a Heritage Subsidiary (other than single family residences). The fees and expenses of the consultant with respect to the Phase I assessments shall be shared equally by Acquiror and Heritage. The consultant shall complete and deliver the Phase I assessments not later than 60 days after the date of this Agreement. If any environmental conditions are found, suspected, or would tend to be indicated by the report of the consultant which may be contrary to the representations and warranties of Heritage set forth herein without regard to any exceptions that may be contained in Heritage's Schedules, then the parties shall obtain from one or more mutually acceptable consultants or contractors, as appropriate, an estimate of the cost of any further environmental investigation, sampling, analysis, remediation or other follow-up work that may be necessary to address those conditions in accordance with applicable laws and regulations. (b) Upon receipt of the estimate of the costs of all follow-up work to the Phase I assessments or any subsequent investigation phases that may be conducted, the parties shall attempt to agree upon a course of action for further investigation and remediation of any environmental condition suspected, found to exist, or that would tend to be indicated by the report of the consultant. All post-Phase I investigations or assessments (the cost of which shall be paid by Heritage), all work plans for any post-Phase I assessments or remediation, and any removal or remediation actions that may be performed, shall be mutually satisfactory to Acquiror and Heritage. If such work plans or removal or remediation actions would cost more than $3,000,000 (individually or in the aggregate on a tax affected basis) to complete, Acquiror and Heritage shall discuss a mutually acceptable modification of this Agreement. Acquiror and Heritage shall cooperate in the review, approval and implementation of all work plans. (c) If the parties are unable to agree upon a course of action for further investigation and remediation of an environmental condition or issue raised by an environmental assessment and/or a mutually acceptable modification to this Agreement, and the condition or issue is not one for which it can be determined to a reasonable degree of certainty that the risk and expense to which the Surviving Corporation and its Subsidiaries would be subject as owner of the property involved can be quantified, in good faith, and limited to an amount less than $3,000,000 (on a tax affected basis), then Acquiror may terminate this Agreement by the earlier to occur of (i) 120 days after the receipt of the Phase I assessments, or (ii) the receipt of all consents and approvals of government regulatory authorities as legally required to consummate the Merger and the expiration of all statutory waiting periods.

  • Grievance Investigations Where an employee has asked or is obliged to be represented by the Institute in relation to the presentation of a grievance and an employee acting on behalf of the Institute wishes to discuss the grievance with that employee, the employee and the representative of the employee will, where operational requirements permit, be given reasonable leave with pay for this purpose when the discussion takes place in the headquarters area of such employee and leave without pay when it takes place outside the headquarters area of such employee.

  • Investigations; Litigation There is no investigation or review pending (or, to the knowledge of Parent, threatened) by any Governmental Entity with respect to Parent or any of its Subsidiaries which would have, individually or in the aggregate, a Parent Material Adverse Effect, and there are no actions, suits, inquiries, investigations or proceedings pending (or, to Parent’s knowledge, threatened) against or affecting Parent or its Subsidiaries, or any of their respective properties at law or in equity before, and there are no orders, judgments or decrees of, or before, any Governmental Entity, in each case which would have, individually or in the aggregate, a Parent Material Adverse Effect.

  • Due Diligence Investigation Pubco shall be reasonably satisfied with the results of its due diligence investigation of the Company in its sole and absolute discretion.

  • Independent Investigation Subscriber, in making the decision to purchase the Units, has relied upon an independent investigation of the Company and has not relied upon any information or representations made by any third parties or upon any oral or written representations or assurances from the Company, its officers, directors or employees or any other representatives or agents of the Company, other than as set forth in this Agreement. Subscriber is familiar with the business, operations and financial condition of the Company and has had an opportunity to ask questions of, and receive answers from the Company’s officers and directors concerning the Company and the terms and conditions of the offering of the Units and has had full access to such other information concerning the Company as Subscriber has requested. Subscriber confirms that all documents that it has requested have been made available and that Subscriber has been supplied with all of the additional information concerning this investment which Subscriber has requested.

  • Grievance Investigation The Employer agrees to supply to the Union the names of all applicants for a vacancy, or new position in the course of a grievance investigation.

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