Common use of INTERNAL INVESTIGATIONS AND OBLIGATIONS TO THE PUBLIC Clause in Contracts

INTERNAL INVESTIGATIONS AND OBLIGATIONS TO THE PUBLIC. 13.1: The parties recognize that the security of the City and its citizens depends to a great extent upon the manner in which the employees covered by this Agreement perform their various duties. Further, the parties recognize that the performance of such duties involves those employees in all manner of contacts and relationships with the public and out of such contacts and relationships questions may arise or complaints may be made concerning the actions of employees covered by this Agreement. Investigation of such questions and complaints must necessarily be conducted by, or under the direction of department supervisory officials whose primary concern must be the security of the City and the preservation of the public interest. 13.2: Letters of reprimand shall be shown to the employee with the requirement that he/she signs same before it is placed in the employee's file, with the understanding only that his/her signature verifies that the employee has seen the letter and does not constitute agreement with the contents. Personnel files shall be open or closed to the public in accordance with state law. Where state law permits personnel files to be closed, then they will be closed to the public. 13.3: In order to maintain the security of the City and protect the interests of its citizens, the parties agree that the City must have the unrestricted right to conduct investigations of citizens' complaints and matters of internal security; provided, however, that any investigative interrogation of an employee covered by this Agreement relative to a citizen's complaint and/or matter of internal security shall be conducted under the following conditions: A. The interrogation shall be conducted at a reasonable hour, preferable at a time when the employee is on duty, unless the seriousness of the investigation is of such a degree that immediate action is required. B. The employee under investigation shall be informed of the nature of the investigation prior to any interrogation, and he shall be informed of the name of all complainants. C. The employee under investigation may review the complaint and all written statements and recorded statements made by the complainant and witnesses immediately prior to the beginning of the investigative interview, subject to applicable provisions of Chapters 112 and 119, Florida State Statutes. D. The employee under investigation shall be informed of the rank, name and command of the officer in charge of the investigation, the interrogating officer, and all persons present during the interrogation. All questions directed to the employee under interrogation shall be asked by and through one (1) interrogator at any one time. E. Interrogation sessions shall be for reasonable periods and shall be timed to allow for such rest periods as are reasonably necessary. All interrogations must be held at the headquarters of the Coconut Creek Police Department or at City Hall. F. At the request of any employee under investigation, he/she shall have the right to be represented by counsel or any other representative of his/her choice who shall be present at all times during such interrogation whenever the interrogation relates to the employee's continued fitness for law enforcement service. G. The formal interrogation of an employee, including all recess periods, shall be recorded, and there shall be no unrecorded questions or statements. X. If the employee under interrogation is under arrest or is likely to be placed under arrest as a result of the interrogation, he shall be completely informed of all of his/her rights prior to commencement of the interrogation. I. No employee shall be ordered to submit to any device designed to measure the truth of his responses during questioning; provided, however, that there shall be no restriction on the right of any employee to submit to such device on a voluntary basis. X. During interrogation covered hereunder questions shall be limited to the circumstances surrounding the allegations which are the subject of the investigation. K. In the interest of internal security and fairness to the employee under investigation, the City, insofar as is legally permissible, agrees to make no conclusionary statements concerning the validity of the allegations under investigation until such time as the investigation has been completed. L. Upon payment of the cost involved, an employee under investigation may obtain a copy of any written or recorded statement he has executed. M. The City agrees that no adverse action will be taken against any employee covered by this Agreement who exercises the rights provided for in this Article.

INTERNAL INVESTIGATIONS AND OBLIGATIONS TO THE PUBLIC. 13.1: The parties recognize that the security of the City and its citizens depends to a great extent upon the manner in which the employees covered by this Agreement perform their various duties. Further, the parties recognize that the performance of such duties involves those employees in all manner of contacts and relationships with the public and out of such contacts and relationships questions may arise or complaints may be made concerning the actions of employees covered by this Agreement. Investigation of such questions and complaints must necessarily be conducted by, or under the direction of department supervisory officials whose primary concern must be the security of the City and the preservation of the public interest. 13.2: Letters of reprimand shall be shown to the employee with the requirement that he/she signs same before it is placed in the employee's file, with the understanding only that his/her signature verifies that the employee has seen the letter and does not constitute agreement with the contents. Personnel files shall be open or closed to the public in accordance with state law. Where state law permits personnel files to be closed, then they will be closed to the public. 13.3: In order to maintain the security of the City and protect the interests of its citizens, the parties agree that the City must have the unrestricted right to conduct investigations of citizens' complaints and matters of internal security; provided, however, that any investigative interrogation of an employee covered by this Agreement relative to a citizen's complaint and/or matter of internal security shall be conducted under the following conditions: A. The interrogation shall be conducted at a reasonable hour, preferable at a time when the employee is on duty, unless the seriousness of the investigation is of such a degree that immediate action is required. B. The employee under investigation shall be informed of the nature of the investigation prior to any interrogation, and he shall be informed of the name of all complainants. C. The employee under investigation may review the complaint and all written statements and recorded statements made by the complainant and witnesses immediately prior to the beginning of the investigative interview, subject to applicable provisions of Chapters 112 and 119, Florida State Statutes. D. The employee under investigation shall be informed of the rank, name and command of the officer in charge of the investigation, the interrogating officer, and all persons present during the interrogation. All questions directed to the employee under interrogation shall be asked by and through one (1) interrogator at any one time. E. Interrogation sessions shall be for reasonable periods and shall be timed to allow for such rest periods as are reasonably necessary. All interrogations must be held at the headquarters of the Coconut Creek Police Department or at City Hall. F. At the request of any employee under investigation, he/she shall have the right to be represented by counsel or any other representative of his/her choice who shall be present at all times during such interrogation whenever the interrogation relates to the employee's continued fitness for law enforcement service. G. The formal interrogation of an employee, including all recess periods, shall be recorded, and there shall be no unrecorded questions or statements. X. H. If the employee under interrogation is under arrest or is likely to be placed under arrest as a result of the interrogation, he shall be completely informed of all of his/her rights prior to commencement of the interrogation. I. No employee shall be ordered to submit to any device designed to measure the truth of his responses during questioning; provided, however, that there shall be no restriction on the right of any employee to submit to such device on a voluntary basis. X. J. During interrogation covered hereunder questions shall be limited to the circumstances surrounding the allegations which are the subject of the investigation. K. In the interest of internal security and fairness to the employee under investigation, the City, insofar as is legally permissible, agrees to make no conclusionary statements concerning the validity of the allegations under investigation until such time as the investigation has been completed. L. Upon payment of the cost involved, an employee under investigation may obtain a copy of any written or recorded statement he has executed. M. The City agrees that no adverse action will be taken against any employee covered by this Agreement who exercises the rights provided for in this Article.

INTERNAL INVESTIGATIONS AND OBLIGATIONS TO THE PUBLIC. 13.117.1: The parties recognize that the security of the City and its citizens depends to a great extent upon the manner in which the employees covered by this Agreement perform their various duties. Further, the parties recognize that the performance of such duties involves those employees in all manner of contacts and relationships with the public and out of such contacts and relationships questions may arise or complaints may be made concerning the actions of employees covered by this Agreement. Investigation of such questions and complaints must necessarily be conducted by, or under the direction of of, department supervisory officials whose primary concern must be the security of the City and the preservation of the public interest. 13.217.2: Letters of reprimand shall be shown to the employee with the requirement that he/she signs same before it is placed in the employee's file, with the understanding only that his/her signature verifies that the employee has seen the letter and does not constitute agreement with the contents. Personnel files shall be open or closed to the public in accordance with state law. Where state law permits personnel files to be closed, then they will be closed to the public. 13.317.3: In order to maintain the security of the City and protect the interests of its citizens, the parties agree that the City must have the unrestricted right to conduct investigations of citizens' complaints and matters of internal security; provided, however, that any investigative interrogation of an employee covered by this Agreement relative to a citizen's complaint and/or matter of internal security shall be conducted under in accordance with the following conditionslaw enforcement officers’ xxxx of rights as set forth in Chapter 112, Florida Statutes. 17.4: The findings of internal investigations shall be labeled as one of the following: A. The interrogation Sustained – Investigation provided sufficient factual evidence to prove allegations of misconduct; B. Not Sustained – Investigation failed to provide sufficient evidence to prove/disapprove the allegations; C. Unfounded – Investigation finds no factual basis exists that the allegation occurred; D. Exonerated – Investigation indicates incident did occur, but employee’s actions were justified, lawful and proper. 17.5: Internal investigations and any findings of not sustained, unfounded or exonerated shall not be conducted at a reasonable hour, preferable at a time when the employee is on dutyplaced in an employee’s regular personnel file, unless the seriousness of the investigation is of such otherwise required by law. Instead, they will be maintained in a degree that immediate action is required. B. The employee under investigation shall be informed of the nature of the investigation prior to any interrogation, and he shall be informed of the name of all complainants. C. The employee under investigation may review the complaint and all written statements and recorded statements made by the complainant and witnesses immediately prior to the beginning of the investigative interview, subject to applicable provisions of Chapters 112 and 119, Florida State Statutes. D. The employee under investigation shall be informed of the rank, name and command of the officer in charge of the investigationseparate internal affairs file. Further, the interrogating officer, City will purge all internal affairs records and all persons present during findings in accordance with the interrogation. All questions directed to the employee under interrogation shall be asked by and through one (1) interrogator at any one timeminimum statutory retention schedule. E. Interrogation sessions shall be for reasonable periods and shall be timed to allow for such rest periods as are reasonably necessary. All interrogations must be held at the headquarters of the Coconut Creek Police Department or at City Hall. F. At the request of any employee under investigation, he/she shall have the right to be represented by counsel or any other representative of his/her choice who shall be present at all times during such interrogation whenever the interrogation relates to the employee's continued fitness for law enforcement service. G. The formal interrogation of an employee, including all recess periods, shall be recorded, and there shall be no unrecorded questions or statements. X. If the employee under interrogation is under arrest or is likely to be placed under arrest as a result of the interrogation, he shall be completely informed of all of his/her rights prior to commencement of the interrogation. I. No employee shall be ordered to submit to any device designed to measure the truth of his responses during questioning; provided, however, that there shall be no restriction on the right of any employee to submit to such device on a voluntary basis. X. During interrogation covered hereunder questions shall be limited to the circumstances surrounding the allegations which are the subject of the investigation. K. In the interest of internal security and fairness to the employee under investigation, the City, insofar as is legally permissible, agrees to make no conclusionary statements concerning the validity of the allegations under investigation until such time as the investigation has been completed. L. Upon payment of the cost involved, an employee under investigation may obtain a copy of any written or recorded statement he has executed. M. The City agrees that no adverse action will be taken against any employee covered by this Agreement who exercises the rights provided for in this Article.

INTERNAL INVESTIGATIONS AND OBLIGATIONS TO THE PUBLIC. 13.117.1: The parties recognize that the security of the City and its citizens depends to a great extent upon the manner in which the employees covered by this Agreement perform their various duties. Further, the parties recognize that the performance of such duties involves those employees in all manner of contacts and relationships with the public and out of such contacts and relationships questions may arise or complaints may be made concerning the actions of employees covered by this Agreement. Investigation of such questions and complaints must necessarily be conducted by, or under the direction of department supervisory officials whose primary concern must be the security of the City and the preservation of the public interest. 13.217.2: Letters of reprimand shall be shown to the employee with the requirement officer and a request that he/she signs they sign same before it is placed in the employee's file, with the understanding only that his/her signature verifies that the employee has seen the letter and does not constitute agreement with letter, without agreeing to the contents. Personnel files shall be open or closed to the public in accordance with state law. Where state law permits personnel files to be closed, then they will be closed to the public. 13.317.3: In order to maintain the security of the City and protect the interests of its citizens, the parties agree that the City must have the unrestricted right to conduct investigations of citizens' complaints and matters of internal security; provided, however, that any investigative interrogation of an employee covered by this Agreement relative to a citizen's complaint and/or matter of internal security shall be conducted under the following conditions: A. The interrogation shall be conducted at a reasonable hour, preferable at a time when the employee is on duty, unless the seriousness of the investigation is of such a degree that immediate action is required. B. The employee under investigation shall be informed of the nature of the investigation prior to any interrogation, and he shall be informed of the name of all complainants. C. The employee under investigation may review the complaint and all written statements and recorded statements made by the complainant and witnesses immediately prior to the beginning of the investigative interview, subject to applicable provisions of Chapters 112 and 119, Florida State Statutes. D. The employee under investigation shall be informed of the rank, name and command of the officer in charge of the investigation, the interrogating officer, and all persons present during the interrogation. All questions directed to the employee under interrogation shall be asked by and through one (1) interrogator at any one time. E. Interrogation sessions shall be for reasonable periods and shall be timed to allow for such rest periods as are reasonably necessary. All interrogations must be held at the headquarters of the Coconut Creek Police Department or at City HallDepartment. F. At the request of any employee under investigation, he/she shall have the right to be represented by counsel or any other representative of his/her choice who shall be present at all times during such interrogation whenever the interrogation relates to the employee's continued fitness for law enforcement service. G. The formal interrogation of an employee, including all recess periods, shall be recorded, and there shall be no unrecorded questions or statements. X. H. If the employee under interrogation is under arrest or is likely to be placed under arrest as a result of the interrogation, he shall be completely informed of all of his/her rights prior to commencement of the interrogation. I. No employee shall be ordered to submit to any device designed to measure the truth of his responses during questioning; provided, however, that there shall be no restriction on the right of any employee to submit to such device on a voluntary basis. X. J. During interrogation covered hereunder questions shall be limited to the circumstances surrounding the allegations which are the subject of the investigation. K. In the interest of internal security and fairness to the employee under investigation, the City, insofar as is legally permissible, agrees to make no conclusionary statements concerning the validity of the allegations under investigation until such time as the investigation has been completed. In the event the employee under investigation; or any organization or person representing said employee makes public statement concerning the allegations under investigation, the City shall have the right to respond in any manner it deems appropriate. L. Upon payment of the cost involved, an employee under investigation may obtain a copy of any written or recorded statement he has executed. M. The City agrees that no adverse action will be taken against any employee covered by this Agreement who exercises the rights provided for in this Article.

INTERNAL INVESTIGATIONS AND OBLIGATIONS TO THE PUBLIC. 13.117.1: The parties recognize that the security of the City and its citizens depends to a great extent upon the manner in which the employees covered by this Agreement perform their various duties. Further, the parties recognize that the performance of such duties involves those employees in all manner of contacts and relationships with the public and out of such contacts and relationships questions may arise or complaints may be made concerning the actions of employees covered by this Agreement. Investigation of such questions and complaints must necessarily be conducted by, or under the direction of of, department supervisory officials whose primary concern must be the security of the City and the preservation of the public interest. 13.217.2: Letters of reprimand shall be shown to the employee with the requirement that he/she signs same before it is placed in the employee's file, with the understanding only that his/her signature verifies that the employee has seen the letter and does not constitute agreement with the contents. Personnel files shall be open or closed to the public in accordance with state law. Where state law permits personnel files to be closed, then they will be closed to the public. 13.317.3: In order to maintain the security of the City and protect the interests of its citizens, the parties agree that the City must have the unrestricted right to conduct investigations of citizens' complaints and matters of internal security; , provided, however, that any investigative interrogation of an employee covered by this Agreement relative to a citizen's complaint and/or matter of internal security shall be conducted under in accordance with the following conditions: A. The interrogation shall be conducted at a reasonable hour, preferable at a time when the employee is on duty, unless the seriousness law enforcement officers’ xxxx of the investigation is of such a degree that immediate action is required. B. The employee under investigation shall be informed of the nature of the investigation prior to any interrogation, and he shall be informed of the name of all complainants. C. The employee under investigation may review the complaint and all written statements and recorded statements made by the complainant and witnesses immediately prior to the beginning of the investigative interview, subject to applicable provisions of Chapters 112 and 119rights as set forth in Chapter 112, Florida State Statutes. D. 17.4: The employee under investigation findings of internal investigations shall be informed labeled as one of the rankfollowing: A. Sustained – Investigation provided sufficient factual evidence to prove allegations of misconduct; B. Not Sustained – Investigation failed to provide sufficient evidence to prove/disapprove the allegations; C. Unfounded – Investigation finds no factual basis exists that the allegation occurred; D. Exonerated – Investigation indicates incident did occur, name but employee’s actions were justified, lawful and command of the officer in charge of the investigation, the interrogating officer, proper. 17.5: Internal investigations and all persons present during the interrogation. All questions directed to the employee under interrogation their findings shall be asked by stored, retained, purged, released for public inspection, and/or maintained exempt and through one (1) interrogator at any one timeconfidential in accordance with applicable State and Federal law. E. Interrogation sessions shall be for reasonable periods and shall be timed to allow for such rest periods as are reasonably necessary. All interrogations must be held at the headquarters of the Coconut Creek Police Department or at City Hall. F. At the request of any employee under investigation, he/she shall have the right to be represented by counsel or any other representative of his/her choice who shall be present at all times during such interrogation whenever the interrogation relates to the employee's continued fitness for law enforcement service. G. The formal interrogation of an employee, including all recess periods, shall be recorded, and there shall be no unrecorded questions or statements. X. If the employee under interrogation is under arrest or is likely to be placed under arrest as a result of the interrogation, he shall be completely informed of all of his/her rights prior to commencement of the interrogation. I. No employee shall be ordered to submit to any device designed to measure the truth of his responses during questioning; provided, however, that there shall be no restriction on the right of any employee to submit to such device on a voluntary basis. X. During interrogation covered hereunder questions shall be limited to the circumstances surrounding the allegations which are the subject of the investigation. K. In the interest of internal security and fairness to the employee under investigation, the City, insofar as is legally permissible, agrees to make no conclusionary statements concerning the validity of the allegations under investigation until such time as the investigation has been completed. L. Upon payment of the cost involved, an employee under investigation may obtain a copy of any written or recorded statement he has executed. M. The City agrees that no adverse action will be taken against any employee covered by this Agreement who exercises the rights provided for in this Article.

INTERNAL INVESTIGATIONS AND OBLIGATIONS TO THE PUBLIC. 13.117.1: The parties recognize that the security of the City and its citizens depends to a great extent upon the manner in which the employees covered by this Agreement perform their various duties. Further, the parties recognize that the performance of such duties involves those employees in all manner of contacts and relationships with the public and out of such contacts and relationships questions may arise or complaints may be made concerning the actions of employees covered by this Agreement. Investigation of such questions and complaints must necessarily be conducted by, or under the direction of department supervisory officials whose primary concern must be the security of the City and the preservation of the public interest. 13.217.2: Letters of reprimand shall be shown to the employee with the requirement officer and a request that he/she signs they sign same before it is placed in the employee's file, with the understanding only that his/her signature verifies that the employee has seen the letter and does not constitute agreement with letter, without agreeing to the contents. Personnel files shall be open or closed to the public in accordance with state law. Where state law permits personnel files to be closed, then they will be closed to the public. 13.317.3: In order to maintain the security of the City and protect the interests of its citizens, the parties agree that the City must have the unrestricted right to conduct investigations of citizens' complaints and matters of internal security; provided, however, that any investigative interrogation of an employee covered by this Agreement relative to a citizen's complaint and/or matter of internal security shall be conducted under the following conditions: A. The interrogation shall be conducted at a reasonable hour, preferable at a time when the employee is on duty, unless the seriousness of the investigation is of such a degree that immediate action is required. B. The employee under investigation shall be informed of the nature of the investigation prior to any interrogation, and he shall be informed of the name of all complainants. C. The employee under investigation may review the complaint and all written statements and recorded statements made by the complainant and witnesses immediately prior to the beginning of the investigative interview, subject to applicable provisions of Chapters 112 and 119, Florida State Statutes. D. The employee under investigation shall be informed of the rank, name and command of the officer in charge of the investigation, the interrogating officer, and all persons present during the interrogation. All questions directed to the employee under interrogation shall be asked by and through one (1) interrogator at any one time. E. Interrogation sessions shall be for reasonable periods and shall be timed to allow for such rest periods as are reasonably necessary. All interrogations must be held at the headquarters of the Coconut Creek Police Department or at City HallDepartment. F. At the request of any employee under investigation, he/she shall have the right to be represented by counsel or any other representative of his/her choice who shall be present at all times during such interrogation whenever the interrogation relates to the employee's continued fitness for law enforcement service. G. The formal interrogation of an employee, including all recess periods, shall be recorded, and there shall be no unrecorded questions or statements. X. If the employee under interrogation is under arrest or is likely to be placed under arrest as a result of the interrogation, he shall be completely informed of all of his/her rights prior to commencement of the interrogation. I. No employee shall be ordered to submit to any device designed to measure the truth of his responses during questioning; provided, however, that there shall be no restriction on the right of any employee to submit to such device on a voluntary basis. X. During interrogation covered hereunder questions shall be limited to the circumstances surrounding the allegations which are the subject of the investigation. K. In the interest of internal security and fairness to the employee under investigation, the City, insofar as is legally permissible, agrees to make no conclusionary statements concerning the validity of the allegations under investigation until such time as the investigation has been completed. In the event the employee under investigation; or any organization or person representing said employee makes public statement concerning the allegations under investigation, the City shall have the right to respond in any manner it deems appropriate. L. Upon payment of the cost involved, an employee under investigation may obtain a copy of any written or recorded statement he has executed. M. The City agrees that no adverse action will be taken against any employee covered by this Agreement who exercises the rights provided for in this Article.