INTERNAL AFFAIRS INVESTIGATIONS. Section 1: The City hereby recognizes and agrees to the following Florida Statute 112.532(1) also known as the Law Enforcement's Officer's Xxxx of Rights:in instances when A. The interrogation of any member being investigated for disciplinary violation must be conducted at a reasonable hour and, if possible, during the member's tour of duty. B. The member under investigation must be informed, in writing, of the charges against the member prior to giving a statement to the investigator. C. The member under investigation must be informed of the individual (s) in charge of the investigation and of the individual who will be conducting the investigation and/or interrogation. Any interrogation shall be conducted in the Margate Police Station. D. The length of an interview must be reasonable, with rest periods being called periodically for personal necessities, meals and telephone calls. E. The member shall neither be threatened with transfer, dismissal, or other disciplinary action as a means of obtaining information nor be subjected to abusive language or promise or reward as inducement for answering questions. F. The member may have legal counsel and/or a FOP representative present during any interrogation and be granted reasonable periods of private consultation with that legal counsel and/or FOP representative. A. When such counsel or representationve is not immediately available, the interrogation shall be postponed for not more than forty-eight (48) hours in order to afford the member the opportunity to secure counsel or representation. G. There shall be no "off the record" questioning. All interrogations must be recorded, with a copy going to the member being investigated. All in conformance with State law. H. A member shall answer all questions concerning a non-criminal matter that may result in disciplinary action; however, if during the course of an internal investigation or interrogation the member under investigation is suspected of committing a criminal offense, the member shall be advised of the member's rights under the Miranda Decision. The City hereby recognizes that a member has the right to refuse to answer all questions concerning criminal matters.
Appears in 1 contract
Samples: Collective Bargaining Agreement
INTERNAL AFFAIRS INVESTIGATIONS. Section 1: The City hereby recognizes and agrees to the following follow Florida Statute 112.532(1) also known as the Law Enforcement's Enforcement Officer's Xxxx Bill of Rights:Rights in instances when
A. The interrogation of any member being investigated for disciplinary violation must be conducted at a reasonable hour and, if possible, during the member's tour of duty.
B. The member when members are under investigation must be informed, in writing, of the charges against the member prior to giving a statement to the investigator.
C. The member under investigation must be informed of the individual (s) in charge of the investigation and of the individual who will be conducting the investigation and/or interrogation. Any interrogation shall be conducted in the Margate Police Station.
D. The length of an interview must be reasonable, with rest periods being called periodically for personal necessities, meals and telephone calls.
E. The member shall neither be threatened with transfer, dismissal, or other disciplinary action as a means of obtaining information nor be subjected to abusive language or promise or reward as inducement for answering questions.
F. The member may have legal counsel and/or a FOP representative present during any interrogation and be granted reasonable periods of private consultation with that legal counsel and/or FOP representative.investigation:
A. When such counsel or representationve representation is not immediately available, the interrogation investigation shall be postponed for not more than forty-eight (48) hours in order to afford the member the opportunity to secure counsel or representation.
G. There shall be no "off the record" questioning. All interrogations must be recorded, with a copy going to the member being investigated. All in conformance with State law.
H. B. A member shall answer all questions concerning a non-criminal matter that may result in disciplinary action; however.
C. A member shall not be ordered to submit to any device designed to measure the truth of the member's response(s) during questioning. No member shall be coerced in any manner for refusing to submit to such a device.
D. A personnel transfer will not be used in the form of disciplinary action.
E. During internal investigations or interrogations, all questions must be limited to the circumstances surrounding the member's alleged violation of City or department rules.
X. A member under investigation shall not be told that if during the course member does not resign from the department, criminal charges will be brought against the member.
X. A member shall not be threatened with disciplinary action for not testifying against her/himself or any other officer before a criminal proceeding.
H. No police officer shall be required to speak or give testimony before a non-governmental agency.
I. The City, the PBA, and the unit members agree to make no public statements concerning the alleged violation of the law or department rules until an internal investigation has been completed. No public statements that could jeopardize an accused member's right to a fair hearing and a trial shall be issued at any time.
X. Should a member receive disciplinary action as a result of an internal investigation or interrogation and/or interrogation, the member under shall serve at least the first thirty hours of each disciplinary action; the member then shall be allowed to utilize compensatory leave hours, holiday leave hours, or vacation leave hours any time after the first thirty hours are served to satisfy each disciplinary action.
K. The findings of an internal affairs investigation shall be labeled "sustained" (guilty as charged) or "not sustained" (not guilty). No other terminology may be used.
L. Only a "sustained" finding shall be inserted in a member's personnel records.
M. No member shall be ordered to submit a written response to a citizen's complaint against one's self. All safeguards of Florida Statutes Chapter 112.532 - 534 shall be observed. This does not preclude a supervisor from ordering that a police report and other policy directed documentation be written by an officer as a result of a call for service, wherein a report should have been taken.
N. A "not sustained" letter of complaint from a citizen shall not be inserted in a member's personnel records.
O. The City agrees that no adverse action will be taken against a member who exercises any right provided for in the article.
A. A member shall not engage in any political activity whenever the member is on duty or is acting in the member's official capacity.
B. The City agrees that its police officers should have the right to engage in the full range of political activities guaranteed to all citizens and hereby insures that right, except while on duty or in uniform, or when directly or indirectly identifying themselves as members of the department.
Section 3: When the internal affairs investigation is suspected of committing a criminal offenseclosed, the member shall be advised of the member's rights under the Miranda Decision. The City hereby recognizes that a member has the right to refuse to answer all questions concerning criminal matters.notified, in
Appears in 1 contract
Samples: Collective Bargaining Agreement
INTERNAL AFFAIRS INVESTIGATIONS. Section 1: The City hereby recognizes and agrees to the following follow Florida Statute 112.532(1) also known as the Law Enforcement's Officer's Xxxx of Rights:Rights in instances when
A. The interrogation of any member being investigated for disciplinary violation must be conducted at a reasonable hour and, if possible, during the member's tour of duty.
B. The member when members are under investigation must be informed, in writing, of the charges against the member prior to giving a statement to the investigator.
C. The member under investigation must be informed of the individual (s) in charge of the investigation and of the individual who will be conducting the investigation and/or interrogation. Any interrogation shall be conducted in the Margate Police Station.
D. The length of an interview must be reasonable, with rest periods being called periodically for personal necessities, meals and telephone calls.
E. The member shall neither be threatened with transfer, dismissal, or other disciplinary action as a means of obtaining information nor be subjected to abusive language or promise or reward as inducement for answering questions.
F. The member may have legal counsel and/or a FOP representative present during any interrogation and be granted reasonable periods of private consultation with that legal counsel and/or FOP representative.investigation:
A. When such counsel or representationve representation is not immediately available, the interrogation investigation shall be postponed for not more than forty-eight (48) hours in order to afford the member the opportunity to secure counsel or representation.
G. There shall be no "off the record" questioning. All interrogations must be recorded, with a copy going to the member being investigated. All in conformance with State law.
H. B. A member shall answer all questions concerning a non-criminal matter that may result in disciplinary action; however.
C. A member shall not be ordered to submit to any device designed to measure the truth of the member's response(s) during questioning. No member shall be coerced in any manner for refusing to submit to such a device.
D. A personnel transfer will not be used in the form of disciplinary action.
E. During internal investigations or interrogations, all questions must be limited to the circumstances surrounding the member's alleged violation of City or department rules.
F. A member under investigation shall not be told that if during the course member does not resign from the department, criminal charges will be brought against the member.
G. A member shall not be threatened with disciplinary action for not testifying against her/himself or any other officer before a criminal proceeding.
H. No police officer shall be required to speak or give testimony before a non-governmental agency.
I. The City, the PBA, and the unit members agree to make no public statements concerning the alleged violation of the law or department rules until an internal investigation has been completed. No public statements that could jeopardize an accused member's right to a fair hearing and a trial shall be issued at any time.
J. Should a member receive disciplinary action as a result of an internal investigation or interrogation and/or interrogation, the member under shall serve at least the first sixteen hours of each disciplinary action; the member then shall be allowed to utilize compensatory leave hours, holiday leave hours, or vacation leave hours any time after the first sixteen hours are served to satisfy each disciplinary action.
K. The findings of an internal affairs investigation shall be labeled "sustained" (guilty as charged) or "not sustained" (not guilty). No other terminology may be used.
L. Only a "sustained" finding shall be inserted in a member's personnel records.
M. No member shall be ordered to submit a written response to a citizen's complaint against one's self. All safeguards of Florida Statutes Chapter 112.532 - 534 shall be observed. This does not preclude a supervisor from ordering that a police report and other policy directed documentation be written by an officer as a result of a call for service, wherein a report should have been taken.
N. A "not sustained" letter of complaint from a citizen shall not be inserted in a member's personnel records.
O. The City agrees that no adverse action will be taken against a member who exercises any right provided for in the article.
A. A member shall not engage in any political activity whenever the member is on duty or is acting in the member's official capacity.
B. The City agrees that its police officers should have the right to engage in the full range of political activities guaranteed to all citizens and hereby insures that right, except while on duty or in uniform, or when directly or indirectly identifying themselves as members of the department.
Section 3: When the internal affairs investigation is suspected of committing a criminal offenseclosed, the member shall be advised of the member's rights under the Miranda Decision. The City hereby recognizes that a member has the right to refuse to answer all questions concerning criminal matters.notified, in
Appears in 1 contract
Samples: Collective Bargaining Agreement
INTERNAL AFFAIRS INVESTIGATIONS. Section 1: The City hereby recognizes and agrees to the following follow Florida Statute 112.532(1) also known as the Law Enforcement's Officer's Xxxx of Rights:in instances when
A. The interrogation of any member being investigated for disciplinary violation must be conducted at a reasonable hour 112.532 and, if possible, during the member's tour of duty.
B. The member under investigation must be informed, in writing, of the charges against the member prior to giving a statement to the investigator.
C. The member under investigation must be informed of the individual (s) in charge of the investigation and of the individual who will be conducting the investigation and/or interrogation. Any interrogation shall be conducted in the Margate Police Station.
D. The length of an interview must be reasonable, with rest periods being called periodically for personal necessities, meals and telephone calls.
E. The member shall neither be threatened with transfer, dismissal, or other disciplinary action as a means of obtaining information nor be subjected to abusive language or promise or reward as inducement for answering questions.
F. The member may have legal counsel and/or a FOP representative present during any interrogation and be granted reasonable periods of private consultation with that legal counsel and/or FOP representative.
A. When such counsel or representationve representation is not immediately available, the interrogation shall be postponed for not more than forty-eight (48) hours in order to afford the member the opportunity to secure counsel or representation.
G. There shall be no "off the record" questioning. All interrogations must be recorded, with a copy going to the member being investigated. All in conformance with State law.
H. A member shall answer all questions concerning a non-criminal matter that may result in disciplinary action; however.
B. A member shall not be ordered to submit to any device designed to measure the truth of the member's response(s) during questioning. No member shall be coerced in any manner for refusing to submit to such a device.
C. A personnel transfer will not be used in the form of disciplinary action.
D. During internal investigations or interrogations, all questions must be limited to the circumstances surrounding the member's alleged violation of City or department rules.
X. A member under investigation shall not be told that if during the course member does not resign from the department, criminal charges will be brought against the member.
F. A member shall not be threatened with disciplinary action for not testifying against her/himself or any other officer before a criminal proceeding.
G. No police officer shall be required to speak or give testimony before a non-governmental agency.
H. The City, the PBA, and the unit members agree to make no public statements concerning the alleged violation of the law or department rules until an internal investigation has been completed. No public statements that could jeopardize an accused member's right to a fair hearing and a trial shall be issued at any time.
I. Should a member receive disciplinary action as a result of an internal investigation or interrogation and/or interrogation, the member under shall serve at least the first thirty (30) hours of each disciplinary action; the member then shall be allowed to utilize compensatory leave hours, holiday leave hours, or vacation leave hours any time after the first thirty (30) hours are served to satisfy each disciplinary action.
X. The findings of an internal affairs investigation shall be labeled "sustained" (guilty as charged) or "not sustained" (not guilty). No other terminology may be used.
K. Only a "sustained" finding shall be inserted in a member's personnel records.
L. No member shall be ordered to submit a written response to a citizen's complaint against one's self. All safeguards of Florida Statutes Chapter 112.532 - 534 shall be observed. This does not preclude a supervisor from ordering that a police report and other policy directed documentation be written by an officer as a result of a call for service, wherein a report should have been taken.
M. A "not sustained" letter of complaint from a citizen shall not be inserted in a member's personnel records.
X. The City agrees that no adverse action will be taken against a member who exercises any right provided for in the article.
A. A member shall not engage in any political activity whenever the member is on duty or is acting in the member's official capacity.
B. The City agrees that its police officers should have the right to engage in the full range of political activities guaranteed to all citizens and hereby insures that right, except while on duty or in uniform, or when directly or indirectly identifying themselves as members of the department.
Section 3: When the internal affairs investigation is suspected of committing a criminal offenseclosed, the member shall be advised of the member's rights under the Miranda Decision. The City hereby recognizes that a member has the right to refuse to answer all questions concerning criminal matters.notified, in
Appears in 1 contract
Samples: Collective Bargaining Agreement
