Common use of Internal Investigations Clause in Contracts

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. 6. At the beginning of an Internal Investigative Interrogation, any officer under investigation will be given the Xxxxxxx Warning. Any officer who refuses to answer questions or withholds evidence or information pertaining to an investigation may be subject to discipline by the Chief or designee. 7. The Officer under investigation will be allowed up to two (2) representatives during the interrogation. 8. The complete interview of the officer shall be recorded. There will be no off-the- record conversations pertaining to the investigation. All recesses will be noted in the record. 9. Disciplinary actions and determinations shall only be made by the Chief of Police or his designee. 10. Investigation of an officer will be conducted as soon as possible. The officer being investigated may contact the person conducting the investigation to determine the status of the internal investigation. 11. Upon completion of the investigation, the Chief or his designee shall review the facts and shall make a finding. The Chief or his designee, in writing, shall notify the officer being investigated as to the disposition of the investigation within ten (10) days of its completion. The Chief or designee shall classify the results of the investigation in one of the following categories:

Internal Investigations. ‌ A. The Internal Affairs Investigations Officer/s is X. Xxxxx to be being questioned as a staff investigative bodysuspect in any investigation that may lead to criminal charges against him, responsible to an employee shall be advised of his constitutional rights in accordance with 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 designeeapplicable law. 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 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 investigationinvestigation prior to questioning. If the Sheriff, and or his designee, has reasonable cause to believe that an investigation concerning an employee may result in suspension, reduction, or removal, the names employee will be notified, prior to commencement of the known complainantsquestioning, unless the Chief or designee determines that the identification of the complainant shall not be disclosed because it such result is necessary for the protection of an informant or because disclosure would jeopardize or compromise the integrity of security of the investigationpossible. 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 the beginning of an Internal Investigative Interrogation, any officer under investigation C. No employee will be given the Xxxxxxx Warning. Any officer who refuses charged with insubordination for failure to answer questions or withholds evidence or information pertaining for failure to participate in an investigation unless he has first been advised that such conduct, if continued, may be subject the basis for such a charge. In regards to discipline by interviews where suspension, reduction, or removal may result, the Chief or designeeemployee, if he so desires, shall be given a reasonable opportunity to consult with an appropriate Union representative and/or OPBA attorney prior to the interview. Once the interview begins, the employee will not be permitted to consult with the union representative and/or OPBA attorney before answering a question. 7D. Any questioning of an employee relative to suspected non-criminal conduct will be conducted at hours reasonably related to his shift, preferably during his working hours. Such questioning shall be for reasonable intervals of time, and time shall be allowed during such questioning for rest periods and attendance to other physical necessities. E. The Officer Sheriff, or his designee, may elect to tape record any questioning of an employee in conjunction with an investigation; however, the employee shall first be advised before such tape recording commences and, upon request, a copy of the recording shall be provided to the union. Likewise, an employee who is being questioned shall have the right to tape record the session after first advising the Sheriff, or his designee, of his election to make such tape recording at the employee’s own expense and upon request a copy of the recording shall be provided to the Sheriff. If the Sheriff’s recording of the session is reduced to writing, the employee, or his authorized representative, shall be given a copy of said written record. F. If, after investigation, no corroborative evidence is found to substantiate an anonymous complaint, the complaint shall be classified as unfounded. G. An employee, who is charged with non-criminal violation of Office Rules and/or Regulations, will be provided access to transcripts, reports, records, lists, written statements and tapes relative to the charge. H. The Sheriff shall not utilize any type or surveillance device to record or transcribe any conversation or action of an employee unless disclosure of such device is made prior to such recording, except upon the authority of the courts, or unless such device is utilized in the normal course of the employee’s performance of his duties. I. The Sheriff shall not, in the course of an investigation, obtain evidence through the use of threats, coercion, or administrative pressures. J. Any employee who has been under investigation will shall be allowed up to two (2) representatives during the interrogation. 8. The complete interview informed, in writing, of the officer shall be recorded. There will be no off-the- record conversations pertaining to outcome at the conclusion of the investigation. All recesses will be noted in the record. 9. Disciplinary actions and determinations shall only be made by the Chief of Police or his designee. 10. Investigation of an officer will be conducted as soon as possible. The officer being investigated may contact the person conducting the investigation to determine the status of the internal investigation. 11. Upon completion of the investigationinvestigations, the Chief or his designee shall review the facts and shall make a finding. The Chief or his designee, in writingexcept those concerning criminal charges, shall notify the officer being investigated as to the disposition be completed within ninety (90) consecutive calendar days after having knowledge of the any alleged violation. Said investigation should be completed within ten (10) days a reasonable amount of its completion. The Chief or designee shall classify the results of the investigation in one of the following categories:time.

Internal Investigations. ‌ A. The Internal Affairs Investigations Officer/s is a staff investigative body, responsible Employees shall be informed of the basic facts of an incident prior to any questioning and shall be informed to the Chief or his designeeextent known at that time, whether the investigation is focused on the member 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 designeepotential charges. 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 Before an employee who is a sworn certified police officer is under investigation by the employer may be charged with insubordination, for alleged actions that could result failure to answer questions or for failure to participate in administrative actionan investigation, the employee shall be afforded all rights provided advised that such conduct, if continued, may be the basis for such a charge. 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 O.L.C. representative and/or attorney before being required to answer questions. C. Any interrogation, questioning, or interviewing of an employee will be conducted at hours reasonably related to the employee's shift, preferably during the employee's working hours. Interrogation 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. D. All interrogations and/or interviews of members conducted in conjunction with an investigation, shall be tape-recorded by the New Mexico Peace Officer’s Employer-Employee Relations Act as amended, other employment laws (Refer to appendix A), and applicable employment laws. 2City at the request of either party. The member may also tape the meeting at the member's expense. If the officer employee's statement is under arrest reduced to writing, the employee or is likely to berepresentative authorized by the employee, he/she shall be afforded all rights pursuant to Xxxxxxxgiven a copy of said statement. 3. The department E. When any anonymous complaint is made against an employee and if after an investigation there is no corroborative evidence of any kind, then the complaint 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 otherwisebe classified as unfounded. 4. If the investigation F. Any employee, who is due to a citizen’s complaintcharged with violating Department Rules and Regulations, that citizen will be asked provided access to sign a statement clearly stating transcripts, reports, records, lists, written statements and tapes pertinent to the allegation. case. G. The officer employee shall be informed of the nature of the investigationinvestigation prior to questioning. At any time, an investigation concerning an employee occurs wherein disciplinary action of record, suspension, reduction or removal will or may result, the employee will be notified when first questioned, that such result is possible. H. The City shall not use a polygraph machine or any other mechanical, or electrical means to investigate the truth of statements made by members. No member shall be required to submit to such tests and no disciplinary action shall be taken against members who refuse to permit any such tests. I. The City nor the names Union shall not utilize any tape or surveillance device to record or transcribe any conversation or action of employees unless disclosure of such device is made prior to such recording, except upon the authority of the known complainantscourts. J. The City shall not in the course of an investigation obtain evidence through the use of threats, unless the Chief coercion, promises, or designee determines that the identification administrative pressures. K. Any employee who has been under investigation shall be informed, in writing, 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 outcome of the investigation. 5. In case at 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 conclusion of Police in writing that he/she is pursuing legal remedies against the complainant. 6. At the beginning of an Internal Investigative Interrogation, any officer under investigation will be given the Xxxxxxx Warning. Any officer who refuses to answer questions or withholds evidence or information pertaining to an investigation may be subject to discipline by the Chief or designee. 7. The Officer under investigation will be allowed up to two (2) representatives during the interrogation. 8. The complete interview of the officer shall be recorded. There will be no off-the- record conversations pertaining to the investigation. All recesses will investigations, except those concerning criminal charges, shall be noted in completed within thirty-five (35) days from the record. 9filing of the complaint. Disciplinary actions and determinations shall only By mutual agreement the total time may be made by the Chief of Police or his designee. 10extended to forty-five (45) days. Investigation of an officer will be conducted as soon as possible. The officer being investigated may contact the person conducting If the investigation to determine the status of the internal investigation. 11. Upon completion of the investigationconcerns criminal charges, the Chief or his designee investigation shall review the facts and shall make a finding. The Chief or his designee, in writing, shall notify the officer being investigated as to be completed within thirty-five (35) days from the disposition of the investigation within ten (10) days of its completioncriminal case or investigation. The Chief or designee shall classify parties may agree to extend the results of the investigation in one of the following categories:total time to forty-five (45) days.

Internal Investigations. ‌ A. The Section 11.1 Whenever a bargaining unit member is notified to report for any internal investigation or is contacted by an Internal Affairs Investigations Officer/s investigator, an Equal Employment Opportunity Officer (EEO) or a Supervisor, who has been requested to contact the employee, concerning any internal affairs or EEO investigation or complaint, that member shall be provided in writing, on a form developed by the Sheriff, with the nature of the complaint and shall be given an opportunity, within a reasonable time period of not less than seventy-two (72) hours, to contact a Union Officer for the purpose of obtaining a Union representative, or an attorney, prior to being interviewed. If requested by the bargaining unit member, the Union representative or the attorney shall be allowed to accompany the member during all interview sessions. During an interview session, if the member chooses to obtain an attorney, the interview session shall cease until an attorney is obtained or advice acquired within a reasonable time period of not less than seventy-two (72) hours. The bargaining unit member and the Internal Affairs Bureau may waive the seventy-two (72) hour time limit by mutual agreement. Section 11.2 Prior to any questioning of the bargaining unit member, i.e., the member under investigation, the member shall be advised in writing of the nature and specifications of the alleged complaint, and will be given a brief synopsis of the facts surrounding the investigation. Upon request by the employee or his or her representative (including Union representative), the employer shall provide all documents required to be provided pursuant to R.C. 149.43. The member shall maintain all provisions under Section 1 of this Article. Section 11.3 When a bargaining unit member is to be interviewed as a witness, such interview shall be conducted in accordance with the procedures established herein. Upon request, a member who is being interviewed as a witness shall be given a copy of any citizen complaint or a written summary of any non-citizen complaint prior to any questioning. Section 11.4 Prior to any questioning, a bargaining unit member who is being interviewed shall be advised of his criminal rights and/or administrative rights, whichever are applicable. Section 11.5 Any interrogation, questioning or interviewing of a bargaining unit member will be conducted during his working hours. Interrogation sessions shall be for reasonable periods of time, and time shall be allowed during such questioning for attendance to physical necessities. Section 11.6 Any interrogation and/or interview, including lie detection examinations, of bargaining unit members shall be tape recorded by the Sheriff's staff investigative bodyat the request of either party. The bargaining unit member and/or his attorney and/or Union representative will be afforded the opportunity, responsible upon written notice, directly to the Chief Sheriff or his designee, for to listen to and make personal notes to verify the purpose accuracy of conducting administrative investigations with four (4) major purposesa tape made of his interview. If a transcript of the tape is made by the Sheriff's staff, the bargaining unit member will be provided a copy of such transcript. 1. Assist Section 11.7 Any evidence obtained 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 course 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, Investigation through 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 use of 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 pressure shall not be disclosed because admissible in any subsequent criminal action, EEO hearing or pre-disciplinary hearing. However, it is necessary not administrative pressure in relation to an investigation relating to an EEO or a pre-disciplinary hearing or an allegation being investigated to charge a member with insubordination 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 the beginning of an Internal Investigative Interrogation, any officer under investigation will be given the Xxxxxxx Warning. Any officer who refuses failing to answer questions or withholds evidence or information pertaining to participate in an investigation investigation, but the member must be advised that such conduct may be subject to discipline by made the Chief or designeebasis for such a charge. 7Section 11.8 A bargaining unit member shall not be ordered to submit to a lie detection examination unless the complainant against him takes a lie detection examination and the results of the Complainant's lie detection examination support the complaint against the accused member. A member ordered to submit to a lie detector examination shall be provided advance notification of at least seventy-two (72) hours of the date, time and place of such examination. The Officer examiner's interpretive results of the bargaining unit member’s lie detection examination shall only be used to support or rebut other evidence; it shall not be used as basis for disciplinary action. Section 11.9 When any anonymous complaint is made against a bargaining unit member and there is no corroborative evidence, then the complaint shall be classified as unfounded. Section 11.10 Any bargaining unit member who has been under investigation will shall be allowed up to two (2) representatives during the interrogation. 8. The complete interview informed, in writing, of the officer shall be recorded. There will be no off-the- record conversations pertaining to outcome of the case at the conclusion of the investigation. All recesses will be noted in the record. 9. Disciplinary actions and determinations shall only be made by the Chief of Police or his designee. 10. Investigation of an officer will be conducted as soon as possible. The officer being investigated may contact the person conducting Further, if the investigation exceeds sixty (60) days, a representative of Internal Affairs shall inform the concerned member in writing that additional time is required to determine complete the investigation. Thereafter, the concerned member shall receive a status report outlining the status of the internal investigationinvestigation and the reasons requiring additional time for it every thirty (30) days. Due to the nature of a charge, a member may be reassigned from his or her current position to another position performing bargaining unit work determined by the Sheriff. The employee’s rate of pay and benefits shall not be reduced, nor shall this reassignment count against the transfer limit set in Article 15, Section 8. 11. Upon completion of Section 11.11 After the investigationbargaining unit member receives notice that the investigation is complete or to appear before a pre-disciplinary hearing officer, the Chief member shall be provided access to and, if requested, copies of transcript records, written statements, video and audio tapes, and results of any lie detector examinations pertinent to the case. Such access will be provided upon written notice by the bargaining unit member, his or his designee shall her attorney, or union representative to the Sheriff. A request for a continuance for a reasonable amount of time to review the facts and above referenced material shall make a findingnot be unreasonably denied. The Chief or his designeelength of such continuance shall be mutually agreed upon. Except under unusual circumstances, in writing, only one continuance shall notify the officer being investigated as be granted not to the disposition of the investigation within exceed ten (10) days of its completioncalendar days. Section 11.12 Complaints, whether written or oral, shall be referred to a supervisor. Oral complaints will be reduced to writing on a standard form. The Chief or designee supervisor shall classify then proceed to investigate said complaint. If the results of complainant is unwilling to give the investigation in one of contact information and there is no corroborative evidence, the following categories:complaint shall be considered unfounded and no further action will be taken against the member.

Internal Investigations. ‌ A. The Internal Affairs Investigations Officer/s is a staff investigative body, responsible Employees shall be informed of basic facts of an incident prior to any questioning and shall be informed to the Chief or his designeeextent known at that time, whether the investigation is focused on the member 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 designeepotential charge. 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 Before an employee who is a sworn certified police officer is under investigation by the employer may be charged with insubordination for alleged actions that could result failure to answer questions or for failure to participate in administrative actionan investigation, the employee shall be afforded all rights provided advised that such conduct, if continued, may be the basis for such a charge. During interviews where an action of record may occur, if an employee desires, the employee shall be given a reasonable opportunity to consult with and/or have present a Labor Council representative before being required to answer questions. The Labor Council representative is bound by the New Mexico Peace Officersame confidentiality as the employee. C. Any interrogation, questioning, or interviewing of an employee will be conducted at hours reasonably related to the employee’s Employer-Employee Relations Act as amendedshift, other employment laws (Refer to appendix A)preferably during the employee’s working hours. Interrogation sessions shall be for reasonable periods of time, and applicable employment lawstime shall be allowed during such questioning for rest periods and attendance to other physical necessities. 2D. All interrogations and/or interviews of members conducted in conjunction with an investigation shall be tape recorded by the City at the request of either party. The member may also tape the meeting at the member’s expense. If the officer employee’s statement is under arrest reduced to writing, the employee or is likely to be, he/she representative authorized by the employee shall be afforded all rights pursuant to Xxxxxxxgiven a copy of said statement. 3. The department E. When any anonymous complaint is made against an employee and if after an investigation there is no corroborative evidence of any kind, then the complaint 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 otherwisebe classified as unfounded. 4. If F. Any employee, who is charged with violating Department Rules and Regulations/General Directives that could result in the investigation is due to a citizen’s complaintloss of pay, that citizen will be asked provided access to sign a statement clearly stating transcripts, reports, records, lists, written statements, and tapes pertinent to the allegation. case. G. The officer employee shall be informed of the nature of the investigationinvestigation prior to questioning. At any time an investigation concerning an employee occurs wherein disciplinary action of record, suspension, reduction, or removal will or may result, the employee will be notified when first questioned, and that such result is possible. H. The City may request to use a polygraph machine or any other mechanical or electrical means to investigate the names truth of statements made by members. No member shall be required to submit to such tests and no disciplinary action shall be taken against members who refuse to permit any such tests. I. The City shall not in the course of an investigation obtain evidence through the use of threats, coercion, promises, or administrative pressures. J. Any employee who has been under investigation shall be informed, in writing, of the known complainants, unless the Chief or designee determines that the identification conclusion 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 the beginning of an Internal Investigative Interrogation, any officer under investigation will be given the Xxxxxxx Warning. Any officer who refuses to answer questions or withholds evidence or information pertaining to an investigation may be subject to discipline by the Chief or designee. 7. The Officer under investigation will be allowed up to two (2) representatives during the interrogation. 8. The complete interview of the officer shall be recorded. There will be no off-the- record conversations pertaining to the investigation. All recesses investigations, except those concerning criminal investigations, shall be completed within sixty (60) calendar days after probable cause has been established that a formal investigation shall commence. The bargaining unit employee will be noted in the record. 9notified at that time. Disciplinary actions and determinations shall only Extensions may be made mutually agreed to by the Chief of Police or his designeeparties. 10. Investigation of an officer will be conducted as soon as possible. The officer being investigated may contact the person conducting the investigation to determine the status of the internal investigation. 11. Upon completion of the investigation, the Chief or his designee shall review the facts and shall make a finding. The Chief or his designee, in writing, shall notify the officer being investigated as to the disposition of the investigation within ten (10) days of its completion. The Chief or designee shall classify the results of the investigation in one of the following categories:

Internal Investigations. ‌ A. The Internal Affairs Investigations Officer/s is a staff investigative body, responsible Employees shall be informed of the basic facts of an incident prior to any questioning and shall be informed to the Chief or his designeeextent known at that time, whether the investigation is focused on the member 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 designeepotential charges. 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 Before an employee who is a sworn certified police officer is under investigation by the employer may be charged with insubordination, for alleged actions that could result failure to answer questions or for failure to participate in administrative actionan investigation, the employee shall be afforded all rights provided advised that such conduct, if continued, may be the basis for such a charge. 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 O.L.C. representative and/or attorney before being required to answer questions. C. Any interrogation, questioning, or interviewing of an employee will be conducted at hours reasonably related to the employee's shift, preferably during the employee's working hours. Interrogation 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. D. All interrogations and/or interviews of members conducted in conjunction with an investigation, shall be tape-recorded by the New Mexico Peace Officer’s Employer-Employee Relations Act as amended, other employment laws (Refer to appendix A), and applicable employment laws. 2City at the request of either party. The member may also tape the meeting at the member's expense. If the officer employee's statement is under arrest reduced to writing, the employee or is likely to berepresentative authorized by the employee, he/she shall be afforded all rights pursuant to Xxxxxxxgiven a copy of said statement. 3. The department E. When any anonymous complaint is made against an employee and if after an investigation there is no corroborative evidence of any kind, then the complaint 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 otherwisebe classified as unfounded. 4. If the investigation F. Any employee, who is due to a citizen’s complaintcharged with violating Department Rules and Regulations, that citizen will be asked provided access to sign a statement clearly stating transcripts, reports, records, lists, written statements and tapes pertinent to the allegation. case. G. The officer employee shall be informed of the nature of the investigationinvestigation prior to questioning. At any time an investigation concerning an employee occurs wherein disciplinary action of record, suspension, reduction or removal will or may result, the employee will be notified when first questioned, that such result is possible. H. The City shall not use a polygraph machine or any other mechanical, or electrical means to investigate the truth of statements made by members. No member shall be required to submit to such tests and no disciplinary action shall be taken against members who refuse to permit any such tests. I. The City nor the names Union shall not utilize any tape or surveillance device to record or transcribe any conversation or action of employees unless disclosure of such device is made prior to such recording, except upon the authority of the known complainantscourts. J. The City shall not in the course of an investigation obtain evidence through the use of threats, unless the Chief coercion, promises, or designee determines that the identification administrative pressures. K. Any employee who has been under investigation shall be informed, in writing, 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 outcome of the investigation. 5. In case at 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 conclusion of Police in writing that he/she is pursuing legal remedies against the complainant. 6. At the beginning of an Internal Investigative Interrogation, any officer under investigation will be given the Xxxxxxx Warning. Any officer who refuses to answer questions or withholds evidence or information pertaining to an investigation may be subject to discipline by the Chief or designee. 7. The Officer under investigation will be allowed up to two (2) representatives during the interrogation. 8. The complete interview of the officer shall be recorded. There will be no off-the- record conversations pertaining to the investigation. All recesses will investigations, except those concerning criminal charges, shall be noted in completed within thirty-five (35) days from the record. 9filing of the complaint. Disciplinary actions and determinations shall only If both parties agree, the total time may be made by the Chief of Police or his designee. 10extended to forty-five (45) days. Investigation of an officer will be conducted as soon as possible. The officer being investigated may contact the person conducting If the investigation to determine the status of the internal investigation. 11. Upon completion of the investigationconcerns criminal charges, the Chief or his designee investigation shall review the facts and shall make a finding. The Chief or his designee, in writing, shall notify the officer being investigated as to be completed thirty-five (35) days from the disposition of the investigation within ten criminal case or investigation. If both parties agree, the total time may be extended to forty-five (1045) days of its completion. The Chief or designee shall classify the results of the investigation in one of the following categories:days.

Internal Investigations. ‌ A. The Internal Affairs Investigations Officer/s is a staff investigative bodyPrior to any questioning, 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 being interviewed shall be afforded all advised of his criminal rights provided by and/or administrative rights, whichever is applicable under the New Mexico Peace Officer’s Employer-Employee Relations Act as amended, other employment laws (Refer to appendix A), and applicable employment lawscircumstances. 2. If the officer is under arrest or is likely to be, he/she shall B. Before an employee may 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 charged with insubordination 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 the beginning of an Internal Investigative Interrogation, any officer under investigation will be given the Xxxxxxx Warning. Any officer who refuses failure to answer questions or withholds evidence or information pertaining for failure to participate in an investigation investigation, he shall be advised that such conduct, if continued, may be subject the basis for such a charge. During interviews where an action of record may occur, if an employee desires, he shall be given a reasonable opportunity, of not more than forty-eight (48) hours, to discipline consult with an appropriate Labor Council representative and/or an attorney before being required to answer questions. C. Any interrogation, questioning, or interviewing of an employee will be conducted at hours reasonably related to his shift, preferably during, or immediately after his working hours. Interrogation 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. D. Any interrogations of employees under this Article shall be tape recorded by the Chief or designee. 7Department at the request of either party. The Officer under investigation employee will be allowed up offered the opportunity, upon written request, to two (2) representatives during listen to and make personal notes to verify the interrogation. 8accuracy of a tape made of this interview. The complete interview If a transcript of the officer shall be recorded. There will be no off-the- record conversations pertaining to the investigation. All recesses will be noted in the record. 9. Disciplinary actions and determinations shall only be tape is made by the Chief Department, the employee will be provided a copy of Police or his designeesuch transcript. 10. Investigation E. When any anonymous complaint is made against an employee and if after an investigation there is no corroborative evidence, then the complaint shall be classified as unfounded and no further action will be taken. F. An employee who is notified, in writing, that he is charged with violating a Department rule and regulation as a result of an officer internal investigation shall be provided access to his transcripts, reports, records, lists, and tapes pertinent to the charges if such are to be used in the Department pre-disciplinary hearing on the charges(s) involved. G. Every reasonable effort will be conducted as soon as possible. The officer being investigated may contact the person conducting the investigation made to determine the status complete noncriminal investigations within forty-five (45) workdays of the internal investigation. 11filing of the complaint. Upon completion of If a time extension is necessary to complete the investigation, the Chief or his designee shall review the facts and shall make a finding. The Chief or his designeeconcerned employee will be informed, in writing, shall notify the officer being investigated as to the disposition of the investigation within ten no more than forty-five (1045) days after the complaint was filed of its completionsuch time extension and the specific reasons necessitating such time extension. The Chief or designee Thereafter, the concerned employee will receive a status report every thirty (30) workdays. Any employee who has been under investigation shall classify be informed, in writing, of the results of the investigation at its conclusion. H. The City shall not, in one the course of an investigation, obtain evidence through the use of threats, coercion or promises. I. In the course of internal investigations, a Bargaining Unit member may be given a polygraph examination upon execution by the employee of the following categories:standard American Polygraph Association release form, only if the member is within the primary focus of the investigation, a known witness to an incident which precipitates the investigations, or at the member's written request directly to the Chief of Police. Polygraph examinations shall be administered by a polygraph examiner certified by a school accredited by the American Polygraph Association, provided that the polygraph examiner is from an outside agency and has no interest in the proceedings, and further provided that the selection of the polygraph examiner is made by mutual Agreement. No polygraph examination may be given without the advance permission of the Safety-Service Director. The results of this examination shall not be used in any subsequent criminal action unless agreed to by both parties prior to the giving of such examination.

Internal Investigations. ‌The parties recognize that the Employer has the right to expect that a professional standard of conduct shall be adhered to by all employees. Internal investigations may be undertaken to inquire into allegations of misconduct by bargaining unit employees. Pursuant to O.R.C. 4117.10(A), the parties intend the following procedures to be the exclusive procedures followed for the conduct of internal investigations. Internal investigations may be undertaken to inquire into allegations of misconduct by bargaining unit employees. A. The Internal Affairs Investigations Officer/s (a) When an employee is to be interviewed or questioned concerning a staff investigative bodycomplaint or allegation of misconduct, responsible the employee will be informed, prior to the Chief interview, of the nature of the investigation and whether the employee is the subject of the investigation or his designeea witness. When the employee being interviewed is the subject of the investigation, for the purpose employee will also be informed at the time of conducting administrative investigations with four (4) major purposesthe interview of the allegations of misconduct giving rise to the investigation. 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 (b) When 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 Employer questions an employee who is a sworn certified police officer is under investigation by the employer for alleged actions that could result in administrative actionsubject of an internal investigation, the employee shall be afforded all rights provided informed that he or she is subject to disciplinary action, including dismissal, for failure to answer any questions presented by the New Mexico Peace OfficerEmployer. If during the investigation, the Employer believes that the employee has knowledge of or has participated in any act which violates the criminal laws of the United States, the State of Ohio, or any of its political subdivisions, the employee shall be advised prior to questioning of his rights in the same manner as a criminal suspect, as required by applicable state and federal law. Failure to advise the employee of his rights as set forth in this section shall not prejudice the Employer’s Employer-Employee Relations Act as amended, other employment laws (Refer right to appendix A), and applicable employment lawsimpose discipline for any misconduct of the employee. 2(c) The Employer will make reasonable efforts to conduct interviews during an employee’s regularly scheduled working hours. If In any event, employees will be in on duty paid status for the officer duration of all interviews. (d) Xxxxx to an interview which might reasonably lead to disciplinary action, the employee will, upon request, be given an opportunity to have a Labor Council representative present during the interview. The Labor Council representative may serve as the employee’s representative at the interview. Except for situations in which the interview must take place immediately, no interview will occur until the employee has a reasonable opportunity to secure such representation. This right is under arrest limited to interviews which might reasonably lead to disciplinary action and does not extend to other discussions between the Employer and an employee such as performance evaluations. (e) Representation in investigatory interviews is limited exclusively to Labor Council Representative(s) as defined in Article 1. (f) An internal investigation interview may be recorded with mutual agreement of all the participants. The party recording the interview shall provide a copy of the tape recording, or is likely transcript to be, he/she any party of the interview upon request. (g) The interview shall be afforded all rights pursuant conducted in a professional manner, with questions posed by one investigator at a time. No threats or promises will be made to Xxxxxxxinduce an answer to a question. Reasonable breaks for necessities will be permitted and questioning will not exceed fifty (50) minutes without a ten (10) minute break unless waived by the employee. 3(h) There shall be only one internal investigation of an employee regarding any given allegation. The department This investigation shall notify be conducted with all reasonable speed and the employee under investigation shall be notified 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. 6. At the beginning of an Internal Investigative Interrogation, any officer under investigation will be given the Xxxxxxx Warning. Any officer who refuses to answer questions or withholds evidence or information pertaining to an investigation may be subject to discipline by the Chief or designee. 7. The Officer under investigation will be allowed up to two (2) representatives during the interrogation. 8. The complete interview of the officer shall be recorded. There will be no off-the- record conversations pertaining to the investigation. All recesses will be noted in the record. 9. Disciplinary actions and determinations shall only be made by the Chief of Police or his designee. 10. Investigation of an officer will be conducted as soon as possible. The officer being investigated may contact the person conducting the investigation to determine the status of the internal investigation. 11. Upon completion of the investigation, the Chief or his designee shall review the facts and shall make a finding. The Chief or his designee, in writing, shall notify the officer being investigated as to the disposition outcome of the investigation within ten twenty-one (1021) calendar days of its completion. The Chief or designee shall classify the results of the investigation in one of the following categories:conclusion. Section 20.2 Line-ups

Internal Investigations. ‌ A. The Internal Affairs Investigations Officer/s is X. Xxxxx to be being questioned as a staff investigative bodysuspect in any investigation that may lead to criminal charges against him, responsible to an employee shall be advised of his constitutional rights in accordance with 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 designeeapplicable law. 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 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 investigationinvestigation prior to questioning. If the Sheriff, and or his designee, has reasonable cause to believe that an investigation concerning an employee may result in suspension, reduction, or removal, the names employee will be notified, prior to commencement of the known complainantsquestioning, unless the Chief or designee determines that the identification of the complainant shall not be disclosed because it such result is necessary for the protection of an informant or because disclosure would jeopardize or compromise the integrity of security of the investigationpossible. 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 the beginning of an Internal Investigative Interrogation, any officer under investigation C. No employee will be given the Xxxxxxx Warning. Any officer who refuses charged with insubordination for failure to answer questions or withholds evidence or information pertaining for failure to participate in an investigation unless he has first been advised that such conduct, if continued, may be subject the basis for such a charge. In regards to discipline by interviews where suspension, reduction, or removal may result, the Chief or designeeemployee, if he so desires, shall be given a reasonable opportunity to consult with an appropriate Union representative and/or OPBA attorney prior to the interview. Once the interview begins, the employee will not be permitted to consult with the union representative and/or OPBA attorney before answering a question. 7D. Any questioning of an employee relative to suspected non-criminal conduct will be conducted at hours reasonably related to his shift, preferably during his working hours. Such questioning shall be for reasonable intervals of time, and time shall be allowed during such questioning for rest periods and attendance to other physical necessities. E. The Officer Sheriff, or his designee, may elect to tape record any questioning of an employee in conjunction with an investigation; however, the employee shall first be advised before such tape recording commences and, upon request, a copy of the recording shall be provided to the union. If the Sheriff’s recording of the session is reduced to writing, the employee, or his authorized representative, shall be given a copy of said written record. F. If, after investigation, no corroborative evidence is found to substantiate an anonymous complaint, the complaint shall be classified as unfounded. G. An employee, who is charged with non-criminal violation of Office Rules and/or Regulations, will be provided access to transcripts, reports, records, lists, written statements and tapes relative to the charge. H. The Sheriff shall not utilize any type or surveillance device to record or transcribe any conversation or action of an employee unless disclosure of such device is made prior to such recording, except upon the authority of the courts, or unless such device is utilized in the normal course of the employee’s performance of his duties. I. The Sheriff shall not, in the course of an investigation, obtain evidence through the use of threats, coercion, or administrative pressures. J. Any employee who has been under investigation will shall be allowed up to two (2) representatives during the interrogation. 8. The complete interview informed, in writing, of the officer shall be recorded. There will be no off-the- record conversations pertaining to outcome at the conclusion of the investigation. All recesses will be noted in the record. 9. Disciplinary actions and determinations shall only be made by the Chief of Police or his designee. 10. Investigation of an officer will be conducted as soon as possible. The officer being investigated may contact the person conducting the investigation to determine the status of the internal investigation. 11. Upon completion of the investigationinvestigations, the Chief or his designee shall review the facts and shall make a finding. The Chief or his designee, in writingexcept those concerning criminal charges, shall notify the officer being investigated as to the disposition be completed within ninety (90) consecutive calendar days after having knowledge of the any alleged violation. Said investigation should be completed within ten (10) days a reasonable amount of its completion. The Chief or designee shall classify the results of the investigation in one of the following categories:time.

Internal Investigations. ‌ A. The Internal Affairs Investigations Officer/s is Employees shall be notified in writing at the beginning of 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 designeeformal internal investigation unless such notification would jeopardize such investigation. B. The section establishes Fire Chief may defer 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 investigation 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, another agency if he/she shall be afforded all rights pursuant to Xxxxxxxsees fit. 3C. Employees will be paid for the time during which they are being interviewed. The department shall notify interviews will be held at the Fire Division, or at a location designated by the Fire Chief. An employee will be permitted to have a representative and/or legal counsel present during an interview, should the employee under investigation of the date and time of the feel such interview at least twenty-four (24) hours in advance of the interview being conducted unless the investigation requires otherwisecould lead to discipline. 4. If the investigation is due to a citizen’s complaint, that citizen will be asked to sign a statement clearly stating the allegation. D. The officer 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. E. The Fire Chief shall be updated in writing every forty-five (45) days an investigation is still open. The Chief shall report the status of such investigations to the Bargaining Unit within three (3) days. F. 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 the names in defending such action with respect to discharge or discipline of the known complainantsemployee. Before an employee may be charged for refusal to answer questions or participate in an investigation, unless the Chief employee shall be advised that refusal to answer such questions or designee determines that participate in such investigation may be the identification basis of the complainant such a charge, in itself. G. An employee may be required, at City expense, to undergo alcohol and/or substance abuse testing in accordance with Article 18 of this Agreement, and/or a fitness for duty evaluation, which may include both physical and mental fitness. X. The accused employee being interviewed shall not be disclosed because it 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. I. An employee may be given a polygraph examination or a voice stress examination if the Chief has reason to believe the employee is necessary for a witness to an incident or occurrence being investigated; at the protection employee’s written request directly to the Chief; or if the employee is a focus of an informant or because disclosure would jeopardize or compromise investigation specifically related to the integrity performance of security the employee’s official duties. An employee shall not be disciplined based solely on the results of the polygraph examination. X. Xx employee, who has been under investigation, will be informed of the outcome of the case at the conclusion 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 the beginning of an Internal Investigative Interrogation, any officer under investigation will be given the Xxxxxxx Warning. Any officer who refuses to answer questions or withholds evidence or information pertaining to an investigation may be subject to discipline by the Chief or designee. 7. The Officer under investigation will be allowed up to two (2) representatives during the interrogation. 8. The complete interview of the officer shall be recorded. There will be no off-the- record conversations pertaining to the investigation. All recesses will be noted in the record. 9. Disciplinary actions and determinations shall only be made by the Chief of Police or his designee. 10. Investigation of an officer will be conducted as soon as possible. The officer being investigated may contact the person conducting the investigation to determine the status of the internal investigation. 11. Upon completion of the investigation, the Chief or his designee shall review the facts and shall make a finding. The Chief or his designee, in writing, shall notify the officer being investigated as to the disposition of the investigation within ten (10) days of its completion. The Chief or designee shall classify the results of the investigation in one of the following categories:

Internal Investigations. ‌ A. The Internal Affairs Investigations Officer/s is a staff investigative body, responsible Employees shall be informed of the basic facts of an incident prior to any questioning and shall be informed to the Chief or his designeeextent known at that time, whether the investigation is focused on the member for potential charges. Before an employee may be charged with insubordination, for the purpose of conducting administrative investigations with four (4) major purposes. 1. Assist failure to answer questions or for failure to participate 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 actioninvestigation, the employee shall be afforded all rights provided advised that such conduct, if continued, may be the basis for such a charge. 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 O.L.C. representative and/or attorney before being required to answer questions. Any interrogation, questioning, or interviewing of an employee will be conducted at hours reasonably related to the employee's shift, preferably during the employee's working hours. Interrogation 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. All interrogations and/or interviews of members conducted in conjunction with an investigation, shall be tape‑recorded by the New Mexico Peace Officer’s Employer-Employee Relations Act as amended, other employment laws (Refer to appendix A), and applicable employment laws. 2Employer at the request of either party. The member may also tape the meeting at the member's expense. If the officer employee's statement is under arrest reduced to writing, the employee or is likely to berepresentative authorized by the employee, he/she shall be afforded all rights pursuant given a copy of said statement. When any anonymous 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. Any employee, who is charged with violating Department Rules and Regulations, will be provided access to Xxxxxxx. 3transcripts, reports, records, lists, written statements and tapes pertinent to the case. 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 prior to questioning. At any time an investigation concerning an employee occurs wherein disciplinary action of record, suspension, reduction or removal will or may result, the employee will be notified when first questioned, that such result is possible. Employees may be ordered to submit to a polygraph or voice stress examination if they are the focus of an investigation, and a known witness to the names of incident being investigated, or at 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 Employee’s written request to the Chief of Police Police. The Employer shall not utilize any tape or surveillance device to record or transcribe any conversation or action of employees unless disclosure of such device is made prior to such recording, except upon the authority of the courts. The Employer shall not in writing that he/she is pursuing legal remedies against the complainant. 6. At the beginning course of an Internal Investigative Interrogationinvestigation obtain evidence through the use of threats, any officer coercion, promises, or administrative pressures. Any employee who has been under investigation will shall be given the Xxxxxxx Warning. Any officer who refuses to answer questions or withholds evidence or information pertaining to an investigation may be subject to discipline by the Chief or designee. 7. The Officer under investigation will be allowed up to two (2) representatives during the interrogation. 8. The complete interview informed, in writing, of the officer shall be recorded. There will be no off-the- record conversations pertaining to outcome of the case at the conclusion of the investigation. All recesses will investigations, except those concerning criminal charges, shall be noted in completed within thirty (30) days from the record. 9. Disciplinary actions and determinations shall only be made by the Chief of Police or his designee. 10. Investigation of an officer will be conducted as soon as possible. The officer being investigated may contact the person conducting the investigation to determine the status filing of the internal investigationcomplaint. By mutual agreement the total time may be extended to forty five (45) days. 11. Upon completion of the investigation, the Chief or his designee shall review the facts and shall make a finding. The Chief or his designee, in writing, shall notify the officer being investigated as to the disposition of the investigation within ten (10) days of its completion. The Chief or designee shall classify the results of the investigation in one of the following categories:

Internal Investigations. ‌ A. The Section 11.1 Whenever a bargaining unit member is notified to report for any internal investigation or is contacted by an Internal Affairs Investigations Officer/s investigator, an Equal Employment Opportunity Officer (EEO) or a Supervisor, who has been requested to contact the employee, concerning any internal affairs or EEO investigation or complaint, that member shall be provided in writing, on a form developed by the Sheriff, with the nature of the complaint and shall be given an opportunity, within a reasonable time period of not less than seventy-two (72) hours, to contact a Union Officer for the purpose of obtaining a Union representative, or an attorney, prior to being interviewed. If requested by the bargaining unit member, the Union representative or the attorney shall be allowed to accompany the member during all interview sessions. During an interview session, if the member chooses to obtain an attorney, the interview session shall cease until an attorney is obtained or advice acquired within a reasonable time period of not less than seventy-two (72) hours. The bargaining unit member and the Internal Affairs Bureau may waive the seventy-two (72) hour time limit by mutual agreement. Section 11.2 Prior to any questioning of the bargaining unit member, i.e., the member under investigation, the member shall be advised in writing of the nature and specifications of the alleged complaint and will be given a brief synopsis of the facts surrounding the investigation. Upon request by the employee or his or her representative (including Union representative), the employer shall provide all documents required to be provided pursuant to R.C. 149.43. The member shall maintain all provisions under Section 1 of this Article. Section 11.3 When a bargaining unit member is to be interviewed as a witness, such interview shall be conducted in accordance with the procedures established herein. Upon request, a member who is being interviewed as a witness shall be given a copy of any citizen complaint or a written summary of any non-citizen complaint prior to any questioning. Section 11.4 Prior to any questioning, a bargaining unit member who is being interviewed shall be advised of his criminal rights and/or administrative rights, whichever are applicable. Section 11.5 Any interrogation, questioning or interviewing of a bargaining unit member will be conducted during his working hours. Interrogation sessions shall be for reasonable periods of time, and time shall be allowed during such questioning for attendance to physical necessities. Section 11.6 Any interrogation and/or interview, including lie detection examinations, of bargaining unit members shall be tape recorded by the Sheriff's staff investigative bodyat the request of either party. The bargaining unit member and/or his attorney and/or Union representative will be afforded the opportunity, responsible upon written notice, directly to the Chief Sheriff or his designee, for to listen to and make personal notes to verify the purpose accuracy of conducting administrative investigations with four (4) major purposesa tape made of his interview. If a transcript of the tape is made by the Sheriff's staff, the bargaining unit member will be provided a copy of such transcript. 1. Assist Section 11.7 Any evidence obtained 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 course 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, Investigation through 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 use of 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 pressure shall not be disclosed because admissible in any subsequent criminal action, EEO hearing or pre-disciplinary hearing. However, it is necessary not administrative pressure in relation to an investigation relating to an EEO or a pre-disciplinary hearing or an allegation being investigated to charge a member with insubordination 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 the beginning of an Internal Investigative Interrogation, any officer under investigation will be given the Xxxxxxx Warning. Any officer who refuses failing to answer questions or withholds evidence or information pertaining to participate in an investigation investigation, but the member must be advised that such conduct may be subject to discipline by made the Chief or designeebasis for such a charge. 7Section 11.8 A bargaining unit member shall not be ordered to submit to a lie detection examination unless the complainant against him takes a lie detection examination and the results of the Complainant's lie detection examination support the complaint against the accused member. A member ordered to submit to a lie detector examination shall be provided advance notification of at least seventy-two (72) hours of the date, time and place of such examination. The Officer examiner's interpretive results of the bargaining unit member’s lie detection examination shall only be used to support or rebut other evidence; it shall not be used as basis for disciplinary action. Section 11.9 When any anonymous complaint is made against a bargaining unit member and there is no corroborative evidence, then the complaint shall be classified as unfounded. Section 11.10 Any bargaining unit member who has been under investigation will shall be allowed up to two (2) representatives during the interrogation. 8. The complete interview informed, in writing, of the officer shall be recorded. There will be no off-the- record conversations pertaining to outcome of the case at the conclusion of the investigation. All recesses will be noted in the record. 9. Disciplinary actions and determinations shall only be made by the Chief of Police or his designee. 10. Investigation of an officer will be conducted as soon as possible. The officer being investigated may contact the person conducting Further, if the investigation exceeds sixty (60) days, a representative of Internal Affairs shall inform the concerned member in writing that additional time is required to determine complete the investigation. Thereafter, the concerned member shall receive a status report outlining the status of the internal investigationinvestigation and the reasons requiring additional time for it every thirty (30) days. Due to the nature of a charge, a member may be reassigned from his or her current position to another position performing bargaining unit work determined by the Sheriff. The employee’s rate of pay and benefits shall not be reduced, nor shall this reassignment count against the transfer limit set in Article 15, Section 8. 11. Upon completion of Section 11.11 After the investigationbargaining unit member receives notice that the investigation is complete or to appear before a pre-disciplinary hearing officer, the Chief member shall be provided access to and, if requested, copies of transcript records, written statements, video and audio tapes, and results of any lie detector examinations pertinent to the case. Such access will be provided upon written notice by the bargaining unit member, his or his designee shall her attorney, or union representative to the Sheriff. A request for a continuance for a reasonable amount of time to review the facts and above referenced material shall make a findingnot be unreasonably denied. The Chief or his designeelength of such continuance shall be mutually agreed upon. Except under unusual circumstances, in writing, only one continuance shall notify the officer being investigated as be granted not to the disposition of the investigation within exceed ten (10) days of its completioncalendar days. Section 11.12 Complaints, whether written or oral, shall be referred to a supervisor. Oral complaints will be reduced to writing on a standard form. The Chief or designee supervisor shall classify then proceed to investigate said complaint. If the results of complainant is unwilling to give the investigation in one of contact information and there is no corroborative evidence, the following categories:complaint shall be considered unfounded and no further action will be taken against the member.

Internal Investigations. ‌ A. The Internal Affairs Investigations Officer/s is Employees shall be notified in writing at the beginning of 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 designeeformal internal investigation unless such notification would jeopardize such investigation. B. The section establishes Fire Chief may defer 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 investigation 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, another agency if he/she shall be afforded all rights pursuant to Xxxxxxxsees fit. 3C. Employees will be paid for the time during which they are being interviewed. The department shall notify interviews will be held at the Fire Division, or at a location designated by the Fire Chief. An employee will be permitted to have a representative and/or legal counsel present during an interview, should the employee under investigation of the date and time of the feel such interview at least twenty-four (24) hours in advance of the interview being conducted unless the investigation requires otherwisecould lead to discipline. 4. If the investigation is due to a citizen’s complaint, that citizen will be asked to sign a statement clearly stating the allegation. D. The officer 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. E. The Fire Chief shall be updated in writing every forty-five (45) days an investigation is still open. The Chief shall report the status of such investigations to the Bargaining Unit within three (3) days. F. 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 the names in defending such action with respect to discharge or discipline of the known complainantsemployee. Before an employee may be charged for refusal to answer questions or participate in an investigation, unless the Chief employee shall be advised that refusal to answer such questions or designee determines that participate in such investigation may be the identification basis of the complainant such a charge, in itself. G. An employee may be required, at City expense, to undergo alcohol and/or substance abuse testing in accordance with Article 18 of this Agreement, and/or a fitness for duty evaluation, which may include both physical and mental fitness. H. The accused employee being interviewed shall not be disclosed because it 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. I. An employee may be given a polygraph examination or a voice stress examination if the Chief has reason to believe the employee is necessary for a witness to an incident or occurrence being investigated; at the protection employee’s written request directly to the Chief; or if the employee is a focus of an informant or because disclosure would jeopardize or compromise investigation specifically related to the integrity performance of security the employee’s official duties. An employee shall not be disciplined based solely on the results of the polygraph examination. J. An employee, who has been under investigation, will be informed of the outcome of the case at the conclusion 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 the beginning of an Internal Investigative Interrogation, any officer under investigation will be given the Xxxxxxx Warning. Any officer who refuses to answer questions or withholds evidence or information pertaining to an investigation may be subject to discipline by the Chief or designee. 7. The Officer under investigation will be allowed up to two (2) representatives during the interrogation. 8. The complete interview of the officer shall be recorded. There will be no off-the- record conversations pertaining to the investigation. All recesses will be noted in the record. 9. Disciplinary actions and determinations shall only be made by the Chief of Police or his designee. 10. Investigation of an officer will be conducted as soon as possible. The officer being investigated may contact the person conducting the investigation to determine the status of the internal investigation. 11. Upon completion of the investigation, the Chief or his designee shall review the facts and shall make a finding. The Chief or his designee, in writing, shall notify the officer being investigated as to the disposition of the investigation within ten (10) days of its completion. The Chief or designee shall classify the results of the investigation in one of the following categories: