Internal Investigation Procedures. When a bargaining unit member is under investigation by the Employer for administrative rule violations, the following minimum standards shall apply:
Internal Investigation Procedures. Unit member who is to be questioned as a suspect in any investigation which may result in his/her being charged under the criminal statutes of this or any other state or of the United States, shall be advised of his/her constitutional rights according to law. The members shall have the right to legal counsel and upon such a request, all questioning shall cease. It shall be the duty of any employee who is the subject of any internal affairs investigation to cooperate fully with the Internal Affairs Unit. Any employee who is contacted regarding any internal affairs investigation, whether or not he/she is the subject of the investigation, shall cooperate fully with the Internal Affairs Unit. All employees requested to give any statement shall, when requested by an Internal Affairs Investigator, give a statement of facts concerning the incident being investigated. The request for the statement should be timed so that a complete rational answer can be given. This statement shall be either in inner- office form or a formal statement, at the discretion of the Internal Affairs Investigator. The County cannot in the course of an investigation obtain evidence through the use of administrative pressure, threats, coercion, or promise. The County may require an employee to give a blood sample, urine sample, or breath sample to be used in an internal investigation process. The County may ask that the employee voluntarily submit to a polygraph examination to be used in the course of an internal investigation. Some of these situations may lead to disciplinary action at which time the employee will be offered the normal time sequence and the availability of witnesses of his own choosing. If the investigation reveals criminal activity and the employee has not waived his/her constitutional rights, the employee may be represented by counsel, either in the form of an attorney, an O.P.B.A. representative, or a witness of his/her own choice. All investigations of an internal nature shall be instituted at the discretion and under the specific orders of the Sheriff with the investigation under the direct supervision of the Administrative Aide or other designated Hearing Officer. When a single anonymous complaint is made against a member of the Bargaining Unit and there is no corroborative evidence of any kind, the Bargaining Unit member accused shall not be required to submit to interrogation or make a report. If the complaint is found to be invalid or progress is not possible due...
Internal Investigation Procedures. Section 1. The security of the City and its citizens depends upon the manner in which Memphis Police Services Division employees perform their duties. The performance of such duties involves those employees in all manner of contacts and relationships with the public, superior officers, and fellow employees. Management and the Association recognize and appreciate the obligation and responsibility of maintaining the public trust in the Police Services Division and its employees.
Section 2. Out of such contacts and relationships situations may arise involving reports of alleged misconduct by said employees. Such situations may require prompt investigation by superior officers designated by the Director of Police Services, the Deputy Director of Operations, the Deputy Chiefs of Administration, Uniform Patrol, Investigative Services and Special Operations, the Precinct or Bureau Commanders, or other competent authority.
Section 3. There will be two types of investigations covered by this article:
(a) Investigations by the Department of allegations of a violation of the rules and regulations of the Department will be known as an Administrative Investigation.
(b) Investigations by the Department and/or other law enforcement agencies of conduct, which constitutes a violation of City, County, State, or Federal criminal laws, will be known as a Criminal Investigation.
A. Administrative Investigations by the Internal Affairs Bureau are to be conducted in a manner conducive to public confidence, good order and discipline, which observe and protect the individual rights of each employee of the Department. The following rules of procedure are hereby established:
1. The interviewing of any employee will be at a reasonable hour, preferably when the employee is on duty or during the daylight hours unless the exigencies of the investigation dictate otherwise as determined by the City.
2. The interview will take place at a location designated by the investigating officer, usually at a Police Services Division facility. Interviews will not be conducted at an employee's home unless the employee specifically requests that it be done.
3. The employee will be informed of the rank, name and command of the officer in charge of the investigation and the identity of all persons present during the interview.
4. The employee will be informed of the nature of the investigation before any interview commences. Sufficient information to reasonably apprise the employee of the allegations sh...
Internal Investigation Procedures. Unit member who is to be questioned as a suspect in any investigation which may result in his/her being charged under the criminal statutes of this or any other state or of the United States, shall be advised of his/her constitutional rights according to law. The members shall have the right to legal counsel and upon such a request, all questioning shall cease.
Internal Investigation Procedures. The Chief of Police or his designee may initiate and conduct investigations of a Bargaining Unit Member. Any investigation shall be conducted as provided in the Department General Orders, as those General Orders are written on the date this Agreement is executed.
Internal Investigation Procedures. The parties agree that discipline is a command function, and that the Department may institute a disciplinary procedure. So much of said procedure that relates to the right of an employee to a hearing and the mechanics thereof are outlined in this Article; provided, however, that it is understood that if deemed appropriate by the Chief of the Department, discipline or discharge may be implemented immediately, and the disciplinary action shall be subject to a subsequent appeal under the complaint hearing procedures set forth below. Disciplinary action shall be for just cause and the discipline shall be proportional to the offense. In the case of an officer receiving a sustained complaint involving dishonesty in the course of the officer’s official duties or relating to the administration of justice, a presumption of termination shall apply. For purposes of this presumption of termination the Department must prove dishonesty by clear and convincing evidence. Dishonesty is defined as intentionally providing false information, which the officer knows to be false, or intentionally providing incomplete responses to specific questions, regarding facts that are clearly material to the allegation(s). Specific questions do not include general or ‘catch-all’ questions. For purposes of this Section dishonesty means more than mere inaccuracy or faulty memory. Notwithstanding this provision, consistent with the principals of just cause an Association member retains the right to challenge both an investigative finding and/or the associated discipline in the grievance/arbitration process.
Internal Investigation Procedures. Section 1. It shall be the duty of any officer who is the subject of any internal affairs investigation to
Section 2. Questioning or interviewing of an employee in the course of an internal investigation will be conducted at hours reasonably related to the employee’s shift, or normal business hours as operational necessities require otherwise. Interrogation sessions shall be for reasonable periods of time and time shall be provided for rest periods and attendance to physical necessities. Such sessions shall not normally be tape recorded, however, in the event the Employer elects to record the session, the employee may also record such session or be granted a copy of such tape.
Section 3. When the Employer has a reasonable belief an employee may be under the influence of drugs or alcohol, the Employer may require an employee to give a blood sample, urine sample or breath sample to be used in an internal investigation process. The Employer may ask that the employee voluntarily submit to a polygraph examination to be used in the course of an internal investigation. No employee shall be ordered or required to take a polygraph examination.
Section 4. Any employee who may be subject to disciplinary action, the primary basis of which are generated by a citizen complaint, shall be entitled to a copy of such complaint prior to the implementation of disciplinary action. Unless there is corroborative evidence, unsigned and/or anonymous complaints shall not form the sole basis of disciplinary action, however, an unsigned and/or anonymous complaint may be the basis in which an investigation is conducted.
Internal Investigation Procedures. Section 37.1. Scope.
Internal Investigation Procedures. The Department will have a directive that governs the administration of Internal Affairs Investigations. The directive will set out the procedures for investigations, including but not limited to: the prompt notification of Bargaining Unit Members under investigation and continual notifications where appropriate during the investigation; the right of Bargaining Unit Members to representation during interviews; and timelines for the completion of investigations and when the City Administrator is to be informed/involved. If future changes are made to the current directive, as outlined in the Police Directive 21.1, effective November 17, 2014, the Department will provide written notice to the Bargaining Unit a minimum of thirty (30) days prior to the new directive going into effect and the Lodge shall be given an opportunity to meet and discuss such contemplated directive with the City. Provided the City timely provides such notice to the Lodge, and following a request by the Lodge, the City meets and discusses the proposed revisions with the Lodge during the notice period, nothing contained in this Agreement requires the City to either delay the effective date of any proposed changes to the directive or otherwise obtain agreement of the Lodge to the proposed changes to the directive. Nothing in this Article is intended to inhibit or reduce the Department’s right and need to conduct internal investigations or discipline officers found to be in violation of federal, state, county or local law or any Department or City directives, policies, or rules, where appropriate.
Internal Investigation Procedures. The parties agree that discipline is a command function, and that the Department may institute a disciplinary procedure. So much of said procedure that relates to the right of an employee to a hearing and the mechanics thereof are outlined in this Article; provided, however, that it is understood that if deemed appropriate by the Chief of the Department, discipline or discharge may be implemented immediately, and the disciplinary action shall be subject to a subsequent appeal under the complaint hearing procedures set forth below. Disciplinary action shall be for just cause.
