Internal Investigation. A. The employee shall be informed of the nature of the investigation prior to questioning and shall be informed to the extent known at that time, whether the investigation is focused on the member for potential disciplinary charges.
B. Before an employee may be charged with any violation of the Center's Rules and Regulations for a refusal to answer questions or participate in an investigation, the employee shall be advised that refusal to answer such questions or participate in such investigation may be the basis of such a charge, in itself. During interviews where an action of record may occur, if an employee desires, the employee shall be given a reasonable opportunity to consult with an appropriate Association representative and/or attorney before being required to answer questions.
C. When the City orders an employee to provide information in an investigation, such information may not be used in any criminal proceedings against the employee. Such information may be used by the City in taking action and in defending such action with respect to discharge or discipline of the employee.
D. All interrogations and/or interviews of members conducted in conjunction with an investigation shall be audio or videotape recorded by the City at the request of either party. If the employee's statement is reduced to writing, the employee or representative authorized by the employee shall be given a copy of said statement.
E. When any anonymous or frivolous complaint is made against an employee and if after an investigation there is no corroborative evidence of any kind, then the complaint shall be classified as unfounded.
F. Any interrogation, questioning, or interviewing of an employee will be conducted at hours reasonably related to the employees shift, preferably during the employee’s working hours. Such sessions shall be for reasonable periods of time, and time shall be allowed during such questioning for rest periods and attendance to other physical necessities.
G. In the interest of fair and expeditious corrective action, an operator who has allegedly committed a violation of a minor nature relating to the operator's performance may be interviewed by an immediate supervisor prior to orally correcting and counseling said operator.
Internal Investigation. A. Procedure - General
1. Questioning or interviewing of an employee accused of misconduct will be conducted or scheduled at a reasonable time, preferably while the member is on duty.
2. The length of the interview or interrogation session(s) will be reasonable, with interruptions provided for personal necessities, meals, telephone calls and rest.
3. Interrogations/interviews will normally be conducted at the Zanesville Safety Center or other appropriate location.
4. An accused employee who refuses to answer questions or participate in an investigation shall be advised that such conduct if continued will be the basis for a charge of insubordination.
5. Prior to the commencement of any interrogation-interview of an employee accused of misconduct, said employee shall be advised of the nature of the investigation and the allegations made against him.
6. Prior to questioning and upon request, an accused employee will be provided a reasonable opportunity to review any documents previously submitted by him that are specifically related and narrowly confined to the circumstances surrounding the allegations made against him.
7. Prior to an employee being asked questions during an internal noncriminal investigation which may lead to suspension without pay or termination of the employee questioned, that employee shall be informed of his right to have Labor Council representation. The Labor Council representative shall be the union xxxxxxx for the employee's bargaining unit or the xxxxxxx'x designee. If after a reasonable time (2 hours) to acquire the services of a Labor Council representative, the grievant fails and or neglects to do so, the investigation by the City will proceed without a Labor Council representative.
a. A bargaining unit member who is called upon to serve as a representative to an accused employee while both are on duty shall be released from the requirements and responsibilities of such duty while he is assisting such employee.
b. Such representative shall not suffer the loss of any compensation and/or benefits.
c. Such relief from duty is contingent upon the approval of his immediate supervisor, which will not be unreasonably withheld.
d. Bargaining unit members who are not on duty and are summoned to act as representatives of accused employees shall be compensated as provided for in the call-in section of the contract.
e. Off duty bargaining unit members who are summoned to represent an accused employee are not relieved from reporting to their ...
Internal Investigation. The City agrees to abide by the current adopted internal investigation procedure and Section 600, Discipline, of the Rules and Regulations. The City will first give the Association an opportunity to review and comment on any changes in the above, and the City agrees to collectively bargain over any mandatory negotiable changes in the above, in accordance with PECBA.
Internal Investigation. Internal Investigation shall be conducted in such a manner as will comply with all applicable state laws and will not infringe upon the constitutional rights of any employee. Specifically, the Employer will comply with the mandates of Xxxxxxx and Xxxxxxx.
Internal Investigation. The parties agree to abide by the standard operating procedure{s) set forth in the UNH Police Department Policy manual and applicable to Citizen Complaint/Internal Investigation. The parties further acknowledge that under Article 31, Management Rights and Article 29, Effect of Agreement, the University retains the authority and right to amend said standard operating procedure(s) from time to time and agree to abide by the terms of said standard operating procedure(s) as in effect at the time of application.
Internal Investigation. An Internal Investigation is defined as a formal inquiry, pre- authorized in writing by the Chief of Police, investigating an allegation(s) that an employee or employees violated a law, policy, procedure, rule, or regulation and when the employee misconduct, if sustained, will likely lead to suspension of an employee or greater discipline. This Section does not apply to criminal investigations. Investigations such as supervisory and administrative reviews, informal discussions regarding work performance, meetings to discuss performance evaluations, and meetings to discuss performance improvement plans are not internal investigations and are not the subject to this Section. Nothing in this Section prohibits an employee from invoking his or her right to have a representative present during a preliminary investigation, discussion, or meeting if the employee reasonably believes disciplinary action might result.
a. Employees shall be advised in writing prior to an internal investigation interview if they are a witness in the investigation.
b. Employees shall be advised in writing at least 48 hours prior to an internal investigation interview if they are the subject of the internal investigation. However, the employee may provide a written waiver of the 48 hour requirement. The advisement shall include sufficient information concerning the factual nature or subject of the investigation so as to reasonably apprise the employee of the alleged violation(s), and that the employee has the right to Guild representation during the interview. This advanced notice affords the subject employee with reasonable opportunity to contact and consult with his/her Guild representative prior to the internal investigation interview.
c. To the extent reasonably possible, interviews shall take place at department facilities.
d. During the internal investigation interview, employees shall not be subjected to offensive language, nor shall any promises or rewards be made as an inducement to answer questions.
e. All interviews shall be limited in scope to activities, circumstances, events, conduct, acts or background which pertains to the incident which is the subject of the investigation. Nothing in this section shall prohibit the employer from questioning the employee about information which is developed during the course of the interview, including information that may pertain to additional potential violations.
f. If the department electronically records the interview, a duplicate co...
Internal Investigation. The parties agree to abide by the standard operating procedure(s) set forth in the Department Policy manual and applicable to citizen complaints and internal investigations. The parties further acknowledge that under Article 31, Management Rights and Article 29, Effect of Agreement, the Employer retains the authority and right to amend said standard operating .procedure(s) from time to time and agree to abide by the terms of said standard operating procedure(s) as in effect upon application.
Internal Investigation. 1. Within thirty (30) days of the execution of this Agreement, the District will: (a) assess the totality of the facts collected pursuant to its internal investigation into the Complainant’s internal complaint of sex harassment and determine whether the conduct substantiated by the investigation includes conduct based on sex, including sex stereotyping, that created a hostile environment, thereby denying or limiting the Student’s ability to participate in or benefit from the educational program at the Student’s school, in noncompliance with Title IX; (b) provide the Complainant and the parents/guardians of the accused student, notice of the conclusion reached pursuant to subpart (a); and (c) if the assessment conducted pursuant to subpart (a) concludes that the Student was subjected to a hostile environment, extend to the Complainant a written offer to meet with the Complainant and the Student to identify steps that will address any hostile environment that may continue to exist for the Student if the Student returns to a District School.
Internal Investigation. Procedure - General 22 (1) Questioning or interviewing of an employee accused of misconduct will 23 be conducted or scheduled at a reasonable time, preferably while the 24 member is normally scheduled to work. The employer and employee 25 agree that all such interviews shall be done in a business-like and private 26 manner.
Internal Investigation. The Complainant may bypass the following Internal Investigation Procedure and advance their complaint directly to grievance should they so choose. They also maintain the right to pursue complaints through the applicable legislative procedure regardless of the Collective Agreement governed procedure chosen. The Employer will react promptly to any allegation under this section. The Employer will appoint one Manager at ACTRA Toronto Performers and one Manager at ACTRA National who will be the designated Investigator under this section. Should a case arise whereby the usual Investigator is somehow involved in the complaint as Complainant, Respondent (the individual alleged to have engaged in any discrimination or harassment) or Witness, the Union will inform Management and if necessary, a suitable substitute Investigator will be appointed. The Investigator must be informed in writing of the Complainant’s awareness of the circumstances giving rise to the complaint. The Investigator will immediately furnish the Union with a copy of the complaint if it has not otherwise been provided. The matter will be treated in as confidential a manner as possible. The Investigator will investigate the complaint by separately and confidentially interviewing the Complainant, Respondent and any witnesses. The Union reserves the right to have a representative present during interviews. The Respondent will be briefed by the Investigator as to the nature of the complaint. The Respondent may choose not to participate in the Internal Investigation. The Investigator may deem it appropriate to hold further interviews with the Complainant, Respondent or Witnesses. The Investigator will collect other relevant documentary evidence which may include attendance records, performance reviews, emails, etc. The Investigator will also consider whether special expertise is required to investigate (i.e. a computer expert to retrieve evidence from a computer). The Investigator must consider whether criminal charges may arise or have arisen from the alleged conduct, in which case criminal charges will not be undermined and proper authorities should be notified. Accurate records of the investigation will be kept by the Investigator, including where the interview was conducted, by whom and who was present. The investigation may be recorded in interviewer notes, by a note taker, via tape recording (upon permission of the parties), etc. Interviews will be scheduled at times and places to ensure confiden...
