Common use of FORMAL INVESTIGATIONS Clause in Contracts

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, incidents involving excessive use of force, matters requiring confidential investigation, time-consuming investigations impractical for District / Division Commanders to assign within their respective area, incidents involving Deputies from more than one District / Division, and / or complaints involving criminal misconduct. Nothing contained in this Article shall preclude the Employer from determining which allegations will be investigated at the District / Division level or by Internal Affairs. 17.6 Formalized administrative investigations shall be completed within the forty-five day period set forth by law unless an extension is approved by the Employer, upon which time the affected Deputy shall be notified in writing of such extension. Extensions of formalized investigations will be made in good faith and shall not be granted without cause. 17.7 Criminal investigations of Deputies by the Employer shall only be subject to the provisions set forth by applicable law and / or the Police Officer Xxxx of Rights. Nothing contained in this Agreement shall grant any additional privileges, rights, or restrictions to Deputies or the Employer during a criminal investigation other than those defined by law. The Employer retains the sole discretion to determine the point at which a formal administrative investigation will begin when the allegations of misconduct against a Deputy involve actual or potential criminal acts. 17.8 All formalized administrative investigations will be forwarded to the Employer through the chain of command, and / or Disciplinary Review Board when applicable, for final disposition. Final disposition findings are defined as follows:

FORMAL INVESTIGATIONS. 17.1 Both parties agree that formal investigations involving allegations of administrative and / or criminal misconduct by Deputies Officers will be received, processed, conducted, and completed in accordance with established directivespolicies, Civil applicable Career Service Rules, the Police Officer Xxxx Bill 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 Bill 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 Bill 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 written administrative complaint of misconduct is defined as an accusation or charge accusing a member of the Sheriff’s Office Pasco County Corrections Department of violating a policy, procedure, rule, regulation, or other official directive. This does not include a complainant’s 's misunderstanding or disagreement with the application of law law, Pasco County PPPM or Sheriff’s Office directivesDepartment Directives. 17.4 Upon receipt of a formal administrative complaint, as currently outlined in policy, the investigating supervisor or Internal Affairs investigator Professional Standards Unit shall notify the affected Deputy(sOfficer(s) in writing of the nature of the complaint and identify all complainants prior to an investigative interview with the named DeputyOfficer. 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 Officers 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 Officers 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 Officer 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 EmployerOfficer’s assigned supervisor. Allegations that require investigation by Internal Affairs the Professional Standards Unit are those involving: involving corruption, violation of civil rights, sexual harassment, incidents involving excessive use of force, matters requiring confidential investigation, time-consuming investigations impractical for District / Division Commanders to assign within their respective area, incidents involving Deputies from more than one District / Division, and / or complaints involving criminal misconduct. Nothing contained in this Article shall preclude the Employer from determining which allegations will be investigated at the District / Division supervisor level or by Internal Affairsthe Professional Standards Unit. 17.6 Formalized administrative investigations shall be completed within the forty-five day period set forth by law unless an extension is approved by the Employer, upon which time the affected Deputy Officer shall be notified in writing of such extension. Extensions of formalized investigations will be made in good faith and shall not be granted without cause. 17.7 Criminal investigations of Deputies Officers by the Employer shall only be subject to the provisions set forth by applicable law and / and/ or the Police Officer Xxxx Bill of Rights. Nothing contained in this Agreement shall grant any additional privileges, rights, or restrictions to Deputies Officers or the Employer during a criminal investigation other than those defined by law. The Employer retains the sole discretion to determine the point at which a formal administrative investigation will begin when the allegations of misconduct against a Deputy an Officer involve actual or potential criminal acts. 17.8 All formalized administrative investigations will be forwarded to the Employer Chief of Corrections/or designee through the chain of command, and / or Disciplinary Review Board when applicable, for final disposition. Final disposition findings are defined as follows:

FORMAL INVESTIGATIONS. 17.1 Both parties agree that formal investigations involving allegations of administrative and / or criminal misconduct by Deputies Officers will be received, processed, conducted, and completed in accordance with established directivespolicies, Civil applicable Career Service Rules, the Police Officer Xxxx Bill 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 Bill 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 Bill 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 written administrative complaint of misconduct is defined as an accusation or charge accusing a member of the Sheriff’s Office Pasco County Corrections Department of violating a policy, procedure, rule, regulation, or other official directive. This does not include a complainant’s 's misunderstanding or disagreement with the application of law law, Pasco County PPPM or Sheriff’s Office directivesDepartment Directives. 17.4 Upon receipt of a formal administrative complaint, as currently outlined in policy, the investigating supervisor or Internal Affairs investigator Professional Standards Unit shall notify the affected Deputy(sOfficer(s) in writing of the nature of the complaint and identify all complainants prior to an investigative interview with the named DeputyOfficer. 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 Officers 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 Officers 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 Officer 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 EmployerOfficer’s assigned supervisor. Allegations that require investigation by Internal Affairs the Professional Standards Unit are those involving: involving corruption, violation of civil rights, sexual harassment, incidents involving excessive use of force, matters requiring confidential investigation, time-time- consuming investigations impractical for District / Division Commanders to assign within their respective area, incidents involving Deputies from more than one District / Division, and / or complaints involving criminal misconduct. Nothing contained in this Article shall preclude the Employer from determining which allegations will be investigated at the District / Division supervisor level or by Internal Affairsthe Professional Standards Unit. 17.6 Formalized administrative investigations shall be completed within the forty-five day period set forth by law unless an extension is approved by the Employer, upon which time the affected Deputy Officer shall be notified in writing of such extension. Extensions of formalized investigations will be made in good faith and shall not be granted without cause. 17.7 Criminal investigations of Deputies Officers by the Employer shall only be subject to the provisions set forth by applicable law and / and/ or the Police Officer Xxxx Bill of Rights. Nothing contained in this Agreement shall grant any additional privileges, rights, or restrictions to Deputies Officers or the Employer during a criminal investigation other than those defined by law. The Employer retains the sole discretion to determine the point at which a formal administrative investigation will begin when the allegations of misconduct against a Deputy an Officer involve actual or potential criminal acts. 17.8 All formalized administrative investigations will be forwarded to the Employer Chief of Corrections/or designee through the chain of command, and / or Disciplinary Review Board when applicable, for final disposition. Final disposition findings are defined as follows: