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. (h) The subject employee shall be provided an opportunity to respond to the complaint and/or charge and shall be assured that the Department will consider the employee's response. (i) All interviews conducted as a PSI, shall be electronically recorded and all questions shall be "on-the-record". (j) Once the investigation is completed, and as soon as practical after requested, and reasonably in advance of any pre•disciplinary conference, the employee, his representative and/or FOP attorney will be provided access to transcripts, records, written statements, tapes pertinent to the investigation, including transcripts of questioning and responses to any truth verification examination and, subject to written authorization by the employee, a copy of the employee's personnel file.
Appears in 2 contracts
Samples: Cooperative Agreement, Cooperative Agreement
FORMAL INVESTIGATIONS. If after this informal 37.1 Whenever an employee is under investigation (as described in Subsection C(l) of this Article), and subject to interrogation by the Internal Affairs Unit or by the Department determines that further investigation is warrantedin a matter which could lead to disciplinary action, demotion or dismissal of the employee under interrogation, such further investigation interrogation of such an employee shall be conducted in accordance with the following general guidelinesmanner:
(a) An The interrogation shall be conducted at a reasonable hour, preferably at a time when the employee 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 or Internal Affairs Bureau.
(c) The employee shall be advised if they are a witness or are 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 employee is called as a witness and during interrogation becomes the subject of an investigation they 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 employee under interrogation shall be asked by and through one (1) interrogator at a time. The employee under investigation shall be informed of the identity of the individual person(s) who are the complainant(s) The employee under investigation, along with legal counsel or any other representatives of their choice, limited to two (2) total, may review the complaint and all statements regardless of form made by the complainant and witnesses immediately prior to the beginning of the investigative interview.
(d) Interrogation sessions shall be for reasonable periods and shall be timed to allow for such personal necessities and rest periods as are reasonable.
(e) The employee 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 employee, including all recess periods, shall be recorded on audio tape, or otherwise preserved in such a manner as to allow a transcript to be prepared, and there shall be no unrecorded questions or statements. Additional recordation may be by the employee or their representative. Upon the request of the interrogated officer, a copy of any such recording of the interrogation session must be made available to the interrogated officer no later than 72 hours, excluding holidays and weekends, following said interrogation.
(g) If the employee under investigation is under arrest, or is likely to be placed under arrest as a result of the interrogation, they shall be completely informed of all of their rights prior to the commencement of the interrogation.
(h) Upon the request of 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, investigation covered by this Article they shall have the right to be represented by a designated representative, or any representatives of their choice including 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 , limited to two (2) total, who shall be suspended present at all times during such interrogation. Whenever such representative(s) are not immediately available, the investigation shall be postponed for a reasonable time, not period of time in order to exceed three (3) days, to allow for a representative(s) of afford the employee's choosing to be present for employee 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.
(h) The subject employee shall be provided an opportunity to respond to the complaint and/or charge and shall be assured that the Department will consider the employee's responserepresentation.
(i) All interviews conducted as The employee shall, if they so request, receive a PSIcopy of their statement, shall be electronically recorded any transcript which is prepared of the oral questions and all questions shall be "on-the-record"answers or any summary of their testimony prepared by the Department.
(j) Once Notwithstanding the investigation rights and privileges provided by Florida Statutes 112.532, Florida Statutes 112.532 does not limit the right of the City to discipline or to pursue criminal charges against an officer.
(k) In any matter where an employee is completed, and as soon as practical after requested, and reasonably required to submit a written statement justifying or explaining their actions in advance of any pre•disciplinary conferencea particular situation, the employee, his representative and/or FOP attorney upon their request, shall be granted forty-eight (48) hours or until the end of their next scheduled shift, whichever is later, to submit such a statement. The employee shall be entitled to review all supporting documentation prior to submitting the written statement.
(l) Should an employee be charged with Standard of Conduct, the charge shall be specific in its allegations and shall describe the conduct, which is the basis of the charge.
(m) The provisions of this section shall apply only to investigations covered by this section and shall not apply to any other form of investigation.
37.2 In cases where it is decided to relieve an employee from duty pending an investigation or other administrative action, the employee will be provided access to transcriptsremain on full salary and shall not lose any benefits during this period of time.
37.3 When an investigation by Internal Affairs is completed, records, written statements, tapes pertinent the Division Commander shall determine the disposition of the investigation according to the investigation, including transcripts of questioning and responses to any truth verification examination and, subject to written authorization by the employee, a copy of the employee's personnel file.following:
Appears in 1 contract
Samples: Collective Bargaining Agreement
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, No officer shall be informed, subjected to interrogation without first being informed in writing of the existence nature of the complaint and/or investigation. If an administrative proceeding is instituted, the specific allegations which initiated the PSI.
(b) Employees officer shall be given specific notice of any charges that have been or could be filed against him and informed beforehand of the specific names of all complainants. The information shall be sufficient to reasonably apprise the officer of the nature of the investigation.
(b) All interrogations shall be conducted at a reasonable time of day. Whenever the nature of the alleged incident and operational requirements permit, interrogations shall be conducted during the time when the officer is on duty. In the event that such interrogations are conducted on the employee's off-duty hours at the request of the Village, then the employee shall be compensated in accordance with the overtime payment provisions of this Agreement.
(c) An employeeThe officer under investigation shall be informed of the name, who is rank and unit or command of the subject officer in charge of an internal the investigation, the interrogators, and all persons present during any interrogation except at a public administrative proceeding.
(d) Interrogation sessions shall be of reasonable duration and shall permit the officer interrogated reasonable periods for rest and personal necessities.
(e) The officer being interrogated shall not be subjected to professional or personal abuse, including offensive language.
(f) A complete record of any interrogation shall be made, and a complete transcript or copy shall be made available to the officer under investigation without charge and without undue delay. Such record may be electronically recorded, or may be transcribed by a court reporter.
(g) No officer shall be interrogated without first being advised in writing that admissions made in the course of the interrogation may be used as evidence of misconduct or as the basis for charges seeking suspension, removal or discharge.
(h) The officer under formal investigation shall have the right to be represented by either legal counsel, or a designated Labor Council 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 choosing, and may request said representation at any time during the interrogation. When such request is made for representation, no interrogation shall proceed until reasonable time and opportunity are provided the employee to be present obtain such representation. If the appropriate request for the interview.
(d) Representatives may representation is made, and that representation is not be a witness inreasonably available, the subject or potential subject of employee may be questioned without the administrative investigation or be a supervisor in the chain of command of the employeerepresentation being present. 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 Labor Council representation at an interrogation shall not be permitted to interrupt or otherwise disrupt interfere with the interviewerVillage'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 right to being required to attend any meetings, interviewsquestion employees, or hearings held as a part the obligation 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.
(h) The subject employee shall be provided an opportunity to respond to questions relevant to the complaint and/or charge and shall be assured that the Department will consider the employee's responsematter being investigated.
(i) All interviews Admissions or confessions obtained during the course of any interrogation not conducted as a PSI, shall in accordance with this Article may not be electronically recorded and all questions shall be "on-the-record"utilized in any subsequent disciplinary proceeding against the officer.
(j) Once In the investigation is completed, and as soon as practical after requested, and reasonably in advance course of any pre•disciplinary conferenceinterrogation, no officer shall be required to submit to a polygraph test or any other test questioning by means of any chemical substance, except with the employeeofficer's expressed written consent, or except as provided in Section 17.7 of this Agreement (Drug & Alcohol Testing). Refusal to submit to such tests shall not result in any disciplinary action nor shall such refusal be made a part of his representative and/or FOP attorney will be provided access to transcripts, records, written statements, tapes pertinent to the investigation, including transcripts of questioning and responses to any truth verification examination and, subject to written authorization by the employee, a copy of the employee's personnel fileor her record.
Appears in 1 contract
Samples: Collective Bargaining Agreement
FORMAL INVESTIGATIONS. If after this informal investigation (38.1 The City shall adhere to the Firefighters’ Xxxx of Rights, FS112.81-112.82, which provides as described in Subsection C(l) of this Article), the Department determines that further investigation follows: Whenever an employee is warrantedsubjected to an interrogation, such further investigation interrogation shall be conducted in accordance with the following general guidelinesmanner:
(a) An employeeThe interrogation shall be conducted at Fire Station #1.
(b) No employee shall be subjected to interrogation without first receiving written notice of sufficient detail of the investigation in order to reasonably apprise the firefighter of the nature of the investigation. The employee shall be informed beforehand of the names of all complainants.
(c) All interrogations shall be conducted at a reasonable time of day, preferably when the employee is on duty, unless the importance of the interrogation is of such a nature that immediate action is required.
(d) The employee under investigation shall be informed of the name, rank, and unit of command of the person in charge of the investigation, the interrogators, and all persons present during any interrogation.
(e) Interrogation sessions shall be of reasonable duration and the firefighter shall be permitted reasonable periods for rest and personal necessities.
(f) The employee being interrogated shall not be subjected to offensive language or offered any incentive as an inducement to answer any questions.
(g) A complete record of any interrogation shall be made, and if a transcript of such interrogation is made, the employee under investigation shall be entitled to a copy without charge. Such record may be electronically recorded.
(h) Upon the request of an employee who is the subject of an internal investigationinterrogation, 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, employee shall have the right to be represented by a designated representative, or representative of his choice including an attorneyattorney who shall be present at all times during such interrogation. The employee and/ or the FOP will bear the cost of Whenever such representation by an attorney. The City will pay is not immediately available, the FOP representative his/her regular pay for attendance at such interview during his/her regular duty cycle. Investigative interviews interrogation shall be suspended postponed for a reasonable time, not period in order to exceed three (3) days, to allow for a representative(s) of afford the employee's choosing to be present for employee 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.
(h) The subject employee shall be provided an opportunity to respond to the complaint and/or charge and shall be assured that the Department will consider the employee's responsea representative.
(i) All interviews conducted as In any matter where a PSIFirefighter is required to submit a written statement justifying or explaining his actions in a particular situation, the Firefighter, upon his request, shall be electronically recorded and all questions shall be "ongranted twenty-the-record"four (24) hours or until the start of his next scheduled shift, whichever is sooner, to submit such a statement.
(j) Once the investigation is completed, and as soon as practical after requested, and reasonably in advance of any pre•disciplinary conferenceShould an employee be charged with conduct unbecoming a Firefighter, the employee, his representative and/or FOP attorney will charge shall be provided access to transcripts, records, written statements, tapes pertinent to specific in its allegations and shall describe the investigation, including transcripts of questioning and responses to any truth verification examination and, subject to written authorization by conduct which is the employee, a copy basis of the employee's personnel filecharge.
Appears in 1 contract
Samples: Collective Bargaining Agreement
FORMAL INVESTIGATIONS. If after this informal investigation (as described in Subsection C(lC(1) 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 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 ’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 ’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- 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.
(h) The subject employee shall be provided an opportunity to respond to the complaint and/or charge and shall be assured that the Department will consider the employee's response.
(i) All interviews conducted as a PSI, shall be electronically recorded and all questions shall be "“on-the-record"”.
(j) Once the investigation is completed, and as soon as practical after requested, and reasonably in advance of any pre•disciplinary pre- disciplinary conference, the employee, his representative and/or FOP attorney will be provided access to transcripts, records, written statements, tapes pertinent to the investigation, including transcripts of questioning and responses to any truth verification examination and, subject to written authorization by the employee, a copy of the employee's ’s personnel file.
Appears in 1 contract
Samples: Collective Bargaining Agreement
FORMAL INVESTIGATIONS. If after this informal 37.1 Whenever an employee is under investigation (as described in Subsection C(l) of this Article), and subject to interrogation by the Internal Affairs Unit or by the Department determines that further investigation is warrantedin a matter which could lead to disciplinary action, demotion or dismissal of the employee under interrogation, such further investigation interrogation of such an employee shall be conducted in accordance with the following general guidelinesmanner:
(a) An The interrogation shall be conducted at a reasonable hour, preferably at a time when the employee 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 or Internal Affairs Bureau.
(c) The employee shall be advised if he 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 employee is called as a witness and during interrogation becomes the subject of an investigation he 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 employee under interrogation shall be asked by and through one (1) interrogator at a time. The employee under investigation shall be informed of the identity of the individual person(s) who are the complainant(s) The employee under investigation, along with legal counsel or any other representative of his choice, may review the complaint and all statements regardless of form made by the complainant and witnesses immediately prior to the beginning of the investigative interview.
(d) Interrogation sessions shall be for reasonable periods and shall be timed to allow for such personal necessities and rest periods as are reasonable.
(e) The employee 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 employee, including all recess periods, shall be recorded on audio tape, or otherwise preserved in such a manner as to allow a transcript to be prepared, and there shall be no unrecorded questions or statements. Additional recordation may be by the employee or his representative. Upon the request of the interrogated officer, a copy of any such recording of the interrogation session must be made available to the interrogated officer no later than 72 hours, excluding holidays and weekends, following said interrogation.
(g) If the employee under investigation is under arrest, or is likely to be placed under arrest as a result of the interrogation, he shall be completely informed of all of his rights prior to the commencement of the interrogation.
(h) Upon the request of 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, investigation covered by this Article he shall have the right to be represented by a designated representative, or representative of his choice including 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 attorney who shall be suspended present at all times during such interrogation. Whenever such representative(s) are not immediately available, the investigation shall be postponed for a reasonable time, not period of time in order to exceed three (3) days, to allow for a representative(s) of afford the employee's choosing to be present for employee 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.
(h) The subject employee shall be provided an opportunity to respond to the complaint and/or charge and shall be assured that the Department will consider the employee's responserepresentation.
(i) All interviews conducted as The employee shall, if he so requests, receive a PSIcopy of his statement, shall be electronically recorded any transcript which is prepared of the oral questions and all questions shall be "on-the-record"answers or any summary of his testimony prepared by the Department.
(j) Once Notwithstanding the investigation rights and privileges provided by Florida Statutes 112.532, Florida Statutes 112.532 does not limit the right of the City to discipline or to pursue criminal charges against an officer.
(k) In any matter where an employee is completed, and as soon as practical after requested, and reasonably required to submit a written statement justifying or explaining his actions in advance of any pre•disciplinary conferencea particular situation, the employee, upon his representative and/or FOP attorney request, shall be granted twenty-four (24) hours or until the start of his next scheduled shift, whichever is sooner, to submit such a statement. The employee shall be entitled to review all supporting documentation prior to submitting the written statement.
(l) Should an employee be charged with Standard of Conduct, the charge shall were specific in its allegations and shall describe the conduct, which is the basis of the charge.
(m) The provisions of this section shall apply only to investigations covered by this section and shall not apply to any other form of investigation.
37.2 In cases where it is decided to relieve an employee from duty pending an investigation or other administrative action, the employee will be provided access to transcriptsremain on full salary and shall not lose any benefits during this period of time.
37.3 When an investigation by Internal Affairs is completed, records, written statements, tapes pertinent the Division Commander shall determine the disposition of the investigation according to the investigation, including transcripts of questioning and responses to any truth verification examination and, subject to written authorization by the employee, a copy of the employee's personnel file.following:
Appears in 1 contract
Samples: Collective Bargaining Agreement
