INTERNAL AFFAIRS. A. There will be established an internal affairs procedure by which complaints will be investigated by a sworn police officer chosen by the Chief or Executive Directorthat is a superior ranking officer to the officer being investigated. However, an officer of equal or lesser rank to the officer being investigated may be assigned to actively assist as a resource to the superior officer in the investigation. This is to ensure that investigations conducted into employee conduct, misconduct, or complaints raised against an officer, are governed in a manner conducive to public confidence, good order, discipline, and good management practices and recognizing the individual rights of each member of the force. An employee being requested to conduct an internal investigation, or the Association on behalf of that employee, may petition the Chief or Executive Director for removal from the internal investigation for due cause. 1. The interrogation of any officer shall be at reasonable hours, preferably when the employee is on duty and during daylight hours unless the circumstance of the investigation dictate otherwise as determined by the Chief or Executive Director . 2. The interrogation shall take place at a location designated by the Chief or Executive Director, usually a department facility, and the employee shall be provided with the name and rank of the officer in charge of the investigation, the name and rank of the officer conducting the interview, and names of all persons who will be present during the interview(s). 3. The name of the charging officer, complainant, or citizen making the charge, shall be disclosed if this information is known to the officer conducting the investigation. If this information is not known, this shall also be disclosed. Disclosure of the complainant’s name will not be required if revealing the name may jeopardize the investigation. However, once the investigation is completed and if the issue become(s) the subject of a later grievance, the names of the complainant(s) will be revealed at the request of the aggrieved along with a copy of the official complaint, signed or unsigned. a. The Department will not conduct internal investigations into unofficial complaints of non-criminal nature, however, the Department is not prohibited from conducting a preliminary review to determine if allegations may be factual. The review will be assigned to a person at an Officer in Charge level or above. If it is determined that the employee against whom the complaint is made needs to be interviewed as part of an Internal Affairs Investigation, an investigator other than the original fact finder will be assigned and the employee will be given Xxxxxxx Rights. This may result in an unofficial complaint being elevated into an official complaint. b. Official complaints shall be defined as any complaint made by any citizen, or member of the UNM community where the complainant provides his/her name, address, and telephone number and where the complainant has completed a signed statement. Complaints will also be classified as official if the complainant refuses to complete a signed statement and the charge is of such a serious nature as to warrant investigation or the charge is of a criminal nature. c. Unofficial complaints shall be defined as any complaint of a non-criminal nature made by a citizen or member of the UNM community where the complainant refuses to complete a signed statement. 4. The officer shall be informed of the nature, if known, of the investigation before any interrogation commences, and the specific violations that may have occurred, provided that all parties understand that the specific violations that are articulated in the pre-interrogation phase may change as the investigation progresses and as a determination is issued. Sufficient information shall be disclosed to reasonably appraise the officer of the allegations including new allegations. 5. The interrogations shall be conducted as soon as possible following receipt of a complaint, and the actual interrogations shall be limited as follows: a. On duty and off duty employees: Maximum of two, two hours sessions within any twenty-four
Appears in 2 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement
INTERNAL AFFAIRS. A. There will be established an internal affairs procedure by which complaints will be investigated by a sworn police officer chosen by the Chief or Executive Directorthat is a superior ranking officer to the officer being investigated. However, an officer of equal or lesser rank to the officer being investigated may be assigned to actively assist as a resource to the superior officer in the investigation. This is to ensure that investigations conducted into employee conduct, misconduct, or complaints raised against an officer, are governed in a manner conducive to public confidence, good order, discipline, and good management practices and recognizing the individual rights of each member of the force. An employee being requested to conduct an internal investigation, or the Association on behalf of that employee, may petition the Chief or Executive Director for removal from the internal investigation for due cause.
1. The interrogation of any officer shall be at reasonable hours, preferably when the employee is on duty and during daylight hours unless the circumstance of the investigation dictate otherwise as determined by the Chief or Executive Director .
2. The interrogation shall take place at a location designated by the Chief or Executive Director, usually a department facility, and the employee shall be provided with the name and rank of the officer in charge of the investigation, the name and rank of the officer conducting the interview, and names of all persons who will be present during the interview(s).
3. The name of the charging officer, complainant, or citizen making the charge, shall be disclosed if this information is known to the officer conducting the investigation. If this information is not known, this shall also be disclosed. Disclosure of the complainant’s name will not be required if revealing the name may jeopardize the investigation. However, once the investigation is completed and if the issue become(s) the subject of a later grievance, the names of the complainant(s) will be revealed at the request of the aggrieved along with a copy of the official complaint, signed or unsigned.
a. The Department will not conduct internal investigations into unofficial complaints of non-criminal nature, however, the Department is not prohibited from conducting a preliminary review to determine if allegations may be factual. The review will be assigned to a person at an Officer in Charge level or above. If it is determined that the employee against whom the complaint is made needs to be interviewed as part of an Internal Affairs Investigation, an investigator other than the original fact finder will be assigned and the employee will be given Xxxxxxx Rights. This may result in an unofficial complaint being elevated into an official complaint.
b. Official complaints shall be defined as any complaint made by any citizen, or member of the UNM community where the complainant provides his/her name, address, and telephone number and where the complainant has completed a signed statement. Complaints will also be classified as official if the complainant refuses to complete a signed statement and the charge is of such a serious nature as to warrant investigation or the charge is of a criminal nature.
c. Unofficial complaints shall be defined as any complaint of a non-criminal nature made by a citizen or member of the UNM community where the complainant refuses to complete a signed statement.
4. The officer shall be informed of the nature, if known, of the investigation before any interrogation commences, and the specific violations that may have occurred, provided that all parties understand that the specific violations that are articulated in the pre-interrogation phase may change as the investigation progresses and as a determination is issued. Sufficient information shall be disclosed to reasonably appraise the officer of the allegations including new allegations.
5. The interrogations shall be conducted as soon as possible following receipt of a complaint, and the actual interrogations shall be limited as follows: a. On duty and off duty employees: Maximum of two, two hours sessions within any twenty-fourtwenty- four (24) hour period with a one hour break between sessions. In most cases the officer's tour of duty and interrogation shall not exceed fourteen (14) hours.
Appears in 1 contract
Samples: Collective Bargaining Agreement
INTERNAL AFFAIRS. A. There will be established an internal affairs procedure by which complaints will be investigated by a sworn police officer chosen by the Chief or Executive Directorthat Director that is a superior ranking officer to the officer being investigated. However, an officer of equal or lesser rank to the officer being investigated may be assigned to actively assist as a resource to the superior officer in the investigation. This is to ensure that investigations conducted into employee conduct, misconduct, or complaints raised against an officer, are governed in a manner conducive to public confidence, good order, discipline, and good management practices and recognizing the individual rights of each member of the force. An employee being requested to conduct an internal investigation, or the Association on behalf of that employee, may petition the Chief or Executive Director for removal from the internal investigation for due cause.
1. The interrogation of any officer shall be at reasonable hours, preferably when the employee is on duty and during daylight hours unless the circumstance of the investigation dictate otherwise as determined by the Chief or Executive Director .
2. The interrogation shall take place at a location designated by the Chief or Executive Director, usually a department facility, and the employee shall be provided with the name and rank of the officer in charge of the investigation, the name and rank of the officer conducting the interview, and names of all persons who will be present during the interview(s).
3. The name of the charging officer, complainant, or citizen making the charge, shall be disclosed if this information is known to the officer conducting the investigation. If this information is not known, this shall also be disclosed. Disclosure of the complainant’s name will not be required if revealing the name may jeopardize the investigation. However, once the investigation is completed and if the issue become(s) the subject of a later grievance, the names of the complainant(s) will be revealed at the request of the aggrieved along with a copy of the official complaint, signed or unsigned.
a. The Department will not conduct internal investigations into unofficial complaints of non-criminal nature, however, the Department is not prohibited from conducting a preliminary review to determine if allegations may be factual. The review will be assigned to a person at an Officer in Charge level or above. If it is determined that the employee against whom the complaint is made needs to be interviewed as part of an Internal Affairs Investigation, an investigator other than the original fact finder will be assigned and the employee will be given Xxxxxxx Rights. This may result in an unofficial complaint being elevated into an official complaint.
b. Official complaints shall be defined as any complaint made by any citizen, or member of the UNM community where the complainant provides his/her name, address, and telephone number and where the complainant has completed a signed statement. Complaints will also be classified as official if the complainant refuses to complete a signed statement and the charge is of such a serious nature as to warrant investigation or the charge is of a criminal nature.
c. Unofficial complaints shall be defined as any complaint of a non-non- criminal nature made by a citizen or member of the UNM community where the complainant refuses to complete a signed statement.
4. The officer shall be informed of the nature, if known, of the investigation before any interrogation commences, and the specific violations that may have occurred, provided that all parties understand that the specific violations that are articulated in the pre-interrogation phase may change as the investigation progresses and as a determination is issued. Sufficient information shall be disclosed to reasonably appraise the officer of the allegations including new allegations.
5. The interrogations shall be conducted as soon as possible following receipt of a complaint, and the actual interrogations shall be limited as follows: a. On duty and off duty employees: Maximum of two, two hours sessions within any twenty-four
Appears in 1 contract
Samples: Collective Bargaining Agreement
