Formal Questioning Clause Samples
The Formal Questioning clause establishes a structured process for parties to submit and respond to official questions during a contractual relationship or dispute resolution. Typically, it outlines the procedures for submitting questions in writing, sets deadlines for responses, and may specify the format or scope of permissible inquiries. This clause ensures that all parties have a clear and fair opportunity to seek clarification or additional information, thereby promoting transparency and reducing misunderstandings.
Formal Questioning. Whenever a Unit member is subjected to formal systematic questioning by representatives of the Employer where a disciplinary or adverse action is contemplated or where the Officer reasonably believes that the examination may result in disciplinary action, or for any reason that could lead to criminal charges, or where a grievance is in progress, the Officer being questioned shall, upon request, have the right to be represented by a Union representative. Whenever an officer is issued a “Garritty Warning” the Employer shall advise the officer in writing of his/her “▇▇▇▇▇▇▇▇▇▇ Rights°. Failure to advise an officer of his/her “▇▇▇▇▇▇▇▇▇▇ Rights” shall not necessarily preclude the Employer from taking disciplinary/adverse action.
Formal Questioning member is subjected to formal systematic questioning by representatives of the Agency where a disciplinary or adverse action is contemplated or where the Officer reasonably believes that the examination may result in disciplinary action, the Officer being questioned shall, upon request, have the right to be represented by a Union representative.
Formal Questioning. Whenever an Officer is subjected to formal questioning by the Employer or asked to submit a written response during an investigation, such questioning or written response shall be conducted under the following conditions:
1. The Officer has the right to Union representation during such questioning/written response that he/she believes may result in disciplinary action; however, to exercise this right, the Officer must request Union representation. Whenever an officer is issued a "Garritty Warning" the Employer shall advise the officer in writing of his/her ▇▇▇▇▇▇▇▇▇▇ Rights." Failure to advise an officer of his/her "▇▇▇▇▇▇▇▇▇▇ Rights" shall not necessarily preclude the Employer from taking disciplinary/adverse action. The representative must not be a subject of the investigation. The Officer may request adjournment of any such meeting for a reasonable period of time until such time as Union representation is available. During these sessions, the Officer shall have the right to confer privately with his/her representative, if present.
2. The questioning shall be conducted at a reasonable hour, preferably at a time when the Officer is on duty, unless the seriousness of the questioning is of such a degree that immediate information is required. In that case, the Officer's tour of duty will be changed so that the Officer is on duty during questioning or will be compensated in accordance with law.
3. The questioning shall take place either at the office of the questioning official or at the office of the station or police unit in which the incident allegedly occurred, or other appropriate place as designated by the questioning official.
4. The Officer being questioned shall be informed of the * rank, name, and command of the official in charge of the questioning, the official who does the questioning and all persons present during the questioning session. An Officer being questioned will be given reasonable time to respond to questions, but such time must not impede the investigation.
5. The Officer should be informed of the nature of the complaint prior to any questioning, unless such information would impede the investigation.
6. These sessions shall be for reasonable periods -and shall be timed to allow for such personal necessities and rest periods as are necessary.
7. The formal questioning of an Officer may be recorded by Management.
Formal Questioning. Whenever an Officer is subjected to formal questioning by the Employer or asked to submit a written response during an investigation, such questioning or written response shall be conducted under the following conditions:
1. The Officer has the right to Union representation during such questioning/written response that he/she believes may result in disciplinary action; however, to exercise this right, the Officer must request Union representation. Whenever an officer is issued a