Internal Investigations. (A) The parties recognize that Florida Highway Patrol personnel occupy a special place in American society. Therefore, it is understood that the state has the right to expect that a professional standard of conduct be adhered to by all Florida Highway Patrol personnel regardless of rank or assignment. Since internal investigations may be undertaken to inquire into complaints of Florida Highway Patrol misconduct, the state reserves the right to conduct such investigations to uncover the facts in each case, but expressly agrees to carefully guard and protect the rights and dignity of accused personnel. In the course of an internal investigation, the investigative methods employed will be consistent with the law (including but not limited to section 112.532, Florida Statutes) and this agreement; nothing in this agreement, however, shall be deemed to diminish the rights of employees under applicable law.
(B) When an allegation is made against an employee, the state will make every reasonable effort to ensure that the allegation and any related statements are reduced to writing, under oath, and signed. The written allegation shall be known as a complaint.
(C) When an employee is to be questioned or interviewed concerning a complaint or allegation, the employee will be informed prior to the interview of the nature of the investigation and whether he is the subject of the investigation or a witness in an investigation. Employees shall be informed of the right to have a union representative in attendance at the interview and where requested, an employee shall be given 48 hours to contact, consult with and secure the attendance of a representative at the interview. If he is the subject of the investigation, the employee and his representative will also be informed of each complaint or allegation against him and they shall be permitted to review all written statements and recordings made by the complainant and witnesses will be made available for review at least one hour prior to the commencement of the interview in accordance with section 112, Florida Statutes. In the event the written statement or recordings are such that additional review time is warranted, the employee may request, and be granted, additional time unless the request is made for the purposes of delay. Pursuant to section 112.533, Florida Statutes, the employee who is the subject of the investigation shall not disclose the contents to anyone other than his representative or attorney until the inves...
Internal Investigations.
A. The Internal Affairs Investigations Officer/s is a staff investigative body, responsible to the Chief or his designee, for the purpose of conducting administrative investigations with four (4) major purposes.
1. Assist in maintaining Department integrity.
2. Identify members or employees guilty of misconduct so that they me be retrained and corrected, or if unacceptable for further police service, be removed through proper administrative action.
3. Protect innocent students and employees of the District.
4. Enable the District’s attorney to render professional, legal advice to the Chief or designee.
B. The section establishes the guidelines for conduct of Internal Investigative interviews. The existence of an Internal Investigative Officer/s does not lessen a commanding officer’s authority or responsibility. To ensure that interviews are conducted in a manner that is conducive to good order and discipline, the following guidelines are promulgated:
1. When an employee who is a sworn certified police officer is under investigation by the employer for alleged actions that could result in administrative action, the employee shall be afforded all rights provided by the New Mexico Peace Officer’s Employer-Employee Relations Act as amended, other employment laws (Refer to appendix A), and applicable employment laws.
2. If the officer is under arrest or is likely to be, he/she shall be afforded all rights pursuant to Xxxxxxx.
3. The department shall notify the employee under investigation of the date and time of the interview at least twenty-four (24) hours in advance of the interview being conducted unless the investigation requires otherwise.
4. If the investigation is due to a citizen’s complaint, that citizen will be asked to sign a statement clearly stating the allegation. The officer shall be informed of the nature of the investigation, and the names of the known complainants, unless the Chief or designee determines that the identification of the complainant shall not be disclosed because it is necessary for the protection of an informant or because disclosure would jeopardize or compromise the integrity of security of the investigation.
5. In the event it is determined that the complainant falsified the complaint, the Department shall take whatever action it deems appropriate, and the officer may pursue legal remedies against the complainant and will advise the Chief of Police in writing that he/she is pursuing legal remedies against the complainant.
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Internal Investigations. A. Employees shall be notified in writing at the beginning of a formal internal investigation unless such notification would jeopardize such investigation.
B. Employees will be paid for the time during which they are being interviewed. The interviews will be held at the Police Division, or at a location designated by the Chief of Police. An employee will be permitted to have a Labor Council representative and/or legal counsel present during an interview, should the employee feel such interview could lead to discipline.
C. 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.
D. Investigations shall be concluded in thirty (30) business days. In the event that the investigation cannot be concluded, the Chief of Police may file for one (1) extension of thirty (30) business days. If the Chief of Police is unable to complete the investigation at the conclusion of the extension period, the investigation will be dismissed without prejudice. Dismissed without prejudice may be reopened in accordance with Section 10.3 (A) of this Article.
E. 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. Before an employee may be charged for 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.
F. An employee may be required, at City expense, to undergo alcohol and/or substance abuse testing in accordance with Article 14 of this Agreement, and/or a fitness for duty evaluation, which may include both physical and mental fitness.
G. The accused employee being interviewed shall not be subject to offensive language or threatened with transfer, dismissal or disciplinary action. No promise or reward shall be made as an inducement to answer any questions.
H. An employee may be given a polygraph examination or a voice stress examination if the Chief has reason to believe the employee is a witness to an incident or occurrence being investigated; at the employee’s written request directly to the Chief; or if t...
Internal Investigations. 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 Division'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 Union 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 discipline or discharge of the employee.
D. All interrogations and/or interviews of members conducted in conjunction with an investigation shall be audio or video tape 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 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 employee who has allegedly committed a violation of a minor nature relating to the employee's performance may be interviewed by an immediate supervisor prior to orally correcting and counseling said employee.
Internal Investigations. The Employer shall give employees notice of the status of internal investigations when completed and the disposition thereof within fourteen (14) days of the disposition. If an internal investigation is not sustained, within fourteen (14) days of the determination of not sustained the Employer shall notify the officer in writing that the investigation was not sustained.
Internal Investigations. The parties recognize that law enforcement personnel occupy a unique position in our community and, therefore, expect its law enforcement personnel to adhere to a standard of conduct which contributes to the safety and welfare of students and employees and harmonious community relations. Accordingly, when a complaint about an employee is received and further administrative action is warranted, the following procedures will be implemented:
A. Since internal investigations may be undertaken to inquire into complaints of law enforcement misconduct, the Department reserves the right to conduct reasonable investigations designed to uncover the facts in each case, but expressly agrees to carefully guard and protect the rights and dignity of accused personnel. In the course of internal investigation, law enforcement personnel will be treated as professionals. The investigative methods employed will be reasonable and consistent with the law and ethics. The Department will make every reasonable effort to obtain complainants statements under oath. Said complaints shall be taken and sworn to on a standard form.
B. The findings of all Miami-Dade Schools Police Department Internal Affairs investigations shall be termed as:
1. Not Sustained; in that there is insufficient evidence to sustain the complaint.
2. Exonerated; in that the incident occurred, but employee’s actions were justified, lawful and proper.
3. Unfounded; in that the complainant admits to false allegations; the charges were false or not factual or the employee was not involved in the incident.
Internal Investigations. Bargaining unit members required to respond to questions during internal investigations shall, when applicable, be informed of their constitutional rights and responsibilities. Before a bargaining unit member may be charged with insubordination or like offense for refusing to answer questions or participate in an investigation, he shall be advised that such conduct, if continued, may be the basis for such a charge. All members shall be obligated to cooperate in any investigation conducted. At any time a formal investigation concerning a bargaining unit member occurs wherein disciplinary action of record (reprimand of record, suspension, reduction, or removal) will or may result, the member will be notified when he is first questioned, that such result is possible. When a bargaining unit member suspected of a violation is being interviewed, such interview shall be recorded at the request of either party by the requesting party. If recordings are made the other party shall be provided a copy. Nothing herein shall be construed as restricting members of the bargaining unit from reporting violations of Departmental rules or policy committed by other members of the bargaining unit. All employees of the bargaining unit shall be responsible for reporting violations of Department rules and regulations, statutes, and appropriate standards of conduct. If any of the procedures of this Article are violated, such violations shall be subject to the grievance procedure.
Internal Investigations. A. The parties recognize that law enforcement personnel occupy a special place in American society. Therefore, it is understood that the University has the right to expect that a professional standard of conduct be adhered to by all law enforcement personnel regardless of rank or assignment. Since internal investigations may be undertaken to inquire into complaints of misconduct, the University reserves the right to conduct such investigations to uncover the facts in each case, but expressly agrees to carefully guard and protect the rights and dignity of accused employees. In the course of any internal investigation, the investigative methods, and processes used will be consistent with thelaw.
B. When a complaint of misconduct is made against an employee, the University will make every effort to ensure that the complaint, if verbal, and any statements regarding the complaint are reduced to writing, signed, and under oath. If the complaint is criminal in nature, the complaint and any statement received should also be under oath.
C. For the purpose of this Section, "Interrogation" refers to a disciplinary investigation meeting in response to a complaint in which the information to be obtained from an employee by management at that meeting will be the basis for a decision as to whether to suspend or dismiss the employee. It does not include counseling sessions, meetings at which the employee is solely being advised of intended disciplinary action and offered an opportunity to explain why he/she should not be disciplined, or inquiries which may result in oral or written reprimands. If during the inquiry, it is concluded that more serious discipline is warranted, the inquiry will cease and the matter will proceed in accordance with internal investigation procedures. The employee has the right, upon request, to PBA representation at any such meeting.
D. When an employee is provided a written set of questions to which to respond or is interrogated concerning a complaint, the employee will be informed prior to such written questions being provided or prior to interrogation of the nature of the investigation and whether the employee is the subject of the investigation or a witness in an investigation. Where requested, an employee shall be given up to twenty‐four (24) hours to respond to such written questions or to contact, consult with, or secure the attendance of a representative at the interrogation. If the employee is the subject of the investigation, the emplo...
Internal Investigations.
A. The Internal Affairs Investigations Officer/s is a staff investigative body, responsible to the Chief or designee, for the purpose of conducting administrative investigations with four (4) major purposes;
1. Assist in maintaining Department integrity.
2. Identify members or employees guilty of misconduct so that they me be retrained and corrected, or if unacceptable for further police service, be removed through proper administrative action.
3. Protect innocent students and employees of the District.
4. Enable the District’s attorney to render professional, legal advice to the Chief or designee.
B. The section establishes the guidelines for conduct of Internal Investigative interviews. The existence of an Internal Investigative Officer/s does not lessen a commanding officer’s authority or responsibility. In an effort to ensure that interviews are conducted in a manner that is conducive to good order and discipline, the following guidelines are promulgated:
1. When an employee who is a sworn certified police officer is under investigation by the employer for alleged actions that could result in administrative action, the employee shall be afforded all rights provided by the New Mexico Peace Officer’s Employer-Employee Relations Act as amended, other employment laws (Refer to appendix A), and applicable employment laws.
2. If the officer is under arrest or is likely to be, he/she shall be afforded all rights pursuant to Xxxxxxx.
3. The department shall notify the employee under investigation of the date and time of the interview at least 24 hours in advance of the interview being conducted, unless the investigation requires otherwise.
4. If the investigation is due to a citizen’s complaint that citizen will be asked to sign a statement clearly stating the allegation. The officer shall be informed of the nature of the investigation, and the names of the known complainants, unless the Chief or designee determines that the identification of the complainant shall not be disclosed because it is necessary for the protection of an informant or because disclosure would jeopardize or compromise the integrity of security of the investigation.
5. In the event it is determined that the complainant falsified the complaint, the Department shall take whatever action it deems appropriate and the officer may pursue legal remedies against the complainant, and will advise the Chief of Police in writing that he/she is pursuing legal remedies against the complainant.
6. At ...
Internal Investigations. (A) The parties recognize that law enforcement personnel occupy a special place in American society. Therefore, it is understood that the state has the right to expect that a professional standard of conduct be adhered to by all law enforcement personnel regardless of rank or assignment. Since internal investigations may be undertaken to inquire into complaints of law enforcement misconduct, the state reserves the right to conduct such investigations to uncover the facts in each case, but expressly agrees to carefully guard and protect the rights and dignity of accused personnel. In the course of an internal investigation, the investigative methods employed will be consistent with the law (including but not limited to section 112.532, Florida Statutes) and this agreement; nothing in this agreement, however, shall be deemed to diminish the rights of employees under applicable law.
(B) When an allegation is made against an employee, the state will make every reasonable effort to ensure that the allegation and any related statements are reduced to writing, under oath, and signed. The written allegation shall be known as a complaint.