Common use of Internal Investigations Clause in Contracts

Internal Investigations. A. Employees shall be notified in writing at the beginning of a formal internal investigation unless such notification would jeopardize such investigation. B. Employees will be paid for the time during which they are being interviewed. The interviews will be held at the Police Division, or at a location designated by the Chief of Police. An employee will be permitted to have a Labor Council representative and/or legal counsel present during an interview, should the employee feel such interview could lead to discipline. C. The employee shall be informed of the nature of the investigation prior to questioning and shall be informed to the extent known at that time, whether the investigation is focused on the member for potential disciplinary charges. D. Investigations shall be concluded in thirty (30) business days. In the event that the investigation cannot be concluded, the Chief of Police may file for one (1) extension of thirty (30) business days. If the Chief of Police is unable to complete the investigation at the conclusion of the extension period, the investigation will be dismissed without prejudice. Dismissed without prejudice may be reopened in accordance with Section 10.3 (A) of this Article. E. When the City orders an employee to provide information in an investigation, such information may not be used in any criminal proceedings against the employee. Such information may be used by the City in taking action and in defending such action with respect to discharge or discipline of the employee. Before an employee may be charged for refusal to answer questions or participate in an investigation, the employee shall be advised that refusal to answer such questions or participate in such investigation may be the basis of such a charge, in itself. F. An employee may be required, at City expense, to undergo alcohol and/or substance abuse testing in accordance with Article 14 of this Agreement, and/or a fitness for duty evaluation, which may include both physical and mental fitness. G. The accused employee being interviewed shall not be subject to offensive language or threatened with transfer, dismissal or disciplinary action. No promise or reward shall be made as an inducement to answer any questions. H. An employee may be given a polygraph examination or a voice stress examination if the Chief has reason to believe the employee is a witness to an incident or occurrence being investigated; at the employee’s written request directly to the Chief; or if the employee is a focus of an investigation specifically related to the performance of the employee’s official duties. An employee shall not be disciplined based solely on the results of the polygraph examination. I. An employee, who has been under investigation, will be informed within three (3) business days of the outcome of the case at the conclusion of the investigation, which shall include case review by the Chief of Police.

Internal Investigations. A. Employees shall be notified in writing at the beginning of a formal internal investigation unless such notification would jeopardize such investigation. B. Employees will be paid for the time during which they are being interviewed. The interviews will be held at the Police Division, or at a location designated by the Chief of Police. An employee will be permitted to have a Labor Council representative and/or legal counsel present during an interview, should the employee feel such interview could lead to discipline. C. The employee shall be informed of the nature of the investigation prior to questioning and shall be informed to the extent known at that time, whether the investigation is focused on the member for potential disciplinary charges. D. Investigations shall be concluded in thirty (30) business days. In the event that the investigation cannot be concluded, the The Chief of Police may file for one shall be updated in writing every forty-five (145) extension days an investigation is still open. The Chief shall report the status of thirty such investigations to the Labor Council Representative within three (303) business days. If days and provide the Chief of Police is unable to complete the investigation at the conclusion subject matter of the extension period, the investigation will be dismissed without prejudice. Dismissed without prejudice may be reopened in accordance with Section 10.3 (A) of this Articleinvestigation. E. When the City orders an employee to provide information in an investigation, such information may not be used in any criminal proceedings against the employee. Such information may be used by the City in taking action and in defending such action with respect to discharge or discipline of the employee. Before an employee may be charged for refusal to answer questions or participate in an investigation, the employee shall be advised that refusal to answer such questions or participate in such investigation may be the basis of such a charge, in itself. F. An employee may be required, at City expense, to undergo alcohol and/or substance abuse testing in accordance with Article 14 of this Agreement, and/or a fitness for duty evaluation, which may include both physical and mental fitness. G. The accused employee being interviewed shall not be subject to offensive language or threatened with transfer, dismissal or disciplinary action. No promise or reward shall be made as an inducement to answer any questions. H. An employee may be given a polygraph examination or a voice stress examination if the Chief has reason to believe the employee is a witness to an incident or occurrence being investigated; at the employee’s 's written request directly to the Chief; or if the employee is a focus of an investigation specifically related to the performance of the employee’s 's official duties. An employee shall not be disciplined based solely on the results of the polygraph such examination. I. An employee, who has been under investigation, will be informed within three (3) business days of the outcome of the case at the conclusion of the investigation, which shall include case review by the Chief of Police.

Internal Investigations. A. Employees shall be notified in writing at the beginning of a formal internal investigation unless such notification would jeopardize such investigation. B. Employees will be paid for the time during which they are being interviewed. The interviews will be held at the Police Division, or at a location designated by the Chief of Police. An employee will be permitted to have a Labor Council representative and/or legal counsel present during an interview, should the employee feel such interview could lead to discipline. C. The employee shall be informed of the nature of the investigation prior to questioning and shall be informed to the extent known at that time, whether the investigation is focused on the member for potential disciplinary charges. D. Investigations shall be concluded in thirty (30) business days. In the event that the investigation cannot be concluded, the The Chief of Police may file for one shall be updated in writing every forty-five (145) extension days an investigation is still open. The Chief shall report the status of thirty such investigations to the Labor Council within three (303) business days. If the Chief of Police is unable to complete the investigation at the conclusion of the extension period, the investigation will be dismissed without prejudice. Dismissed without prejudice may be reopened in accordance with Section 10.3 (A) of this Article. E. When the City orders an employee to provide information in an investigation, such information may not be used in any criminal proceedings against the employee. Such information may be used by the City in taking action and in defending such action with respect to discharge or discipline of the employee. Before an employee may be charged for refusal to answer questions or participate in an investigation, the employee shall be advised that refusal to answer such questions or participate in such investigation may be the basis of such a charge, in itself. F. An employee may be required, at City expense, to undergo alcohol and/or substance abuse testing in accordance with Article 14 of this Agreement, and/or a fitness for duty evaluation, which may include both physical and mental fitness. G. The accused employee being interviewed shall not be subject to offensive language or threatened with transfer, dismissal or disciplinary action. No promise or reward shall be made as an inducement to answer any questions. H. An employee may be given a polygraph examination or a voice stress examination if the Chief has reason to believe the employee is a witness to an incident or occurrence being investigated; at the employee’s written request directly to the Chief; or if the employee is a focus of an investigation specifically related to the performance of the employee’s official duties. An employee shall not be disciplined based solely on the results of the polygraph such examination. I. An employee, who has been under investigation, will be informed within three (3) business days of the outcome of the case at within seven days following the conclusion of the investigation, which shall include case review by culminating with the concurrence of the Chief of Police.

Internal Investigations. A. Employees shall be notified in writing at the beginning of a formal internal investigation unless such notification would jeopardize such investigation. B. Employees will be paid for the time during which they are being interviewed. The interviews will be held at the Police Division, or at a location designated by the Chief of Police. An employee will be permitted to have a Labor Council representative and/or legal counsel present during an interview, should the employee feel such interview could lead to discipline. C. The employee shall be informed of the nature of the investigation prior to questioning and shall be informed to the extent known at that time, whether the investigation is focused on the member for potential disciplinary charges. D. Investigations shall be concluded in thirty (30) business days. In the event that the investigation cannot be concluded, the The Chief of Police may file for one shall be updated in writing every forty-five (145) extension of thirty (30) business daysdays an investigation is still open. If the The Chief of Police is unable shall report the status of such investigations to complete the investigation at the conclusion of the extension period, the investigation will be dismissed without prejudice. Dismissed without prejudice may be reopened in accordance with Section 10.3 Labor Council within three (A3) of this Articledays. E. When the City orders an employee to provide information in an investigation, such information may not be used in any criminal proceedings against the employee. Such information may be used by the City in taking action and in defending such action with respect to discharge or discipline of the employee. Before an employee may be charged for refusal to answer questions or participate in an investigation, the employee shall be advised that refusal to answer such questions or participate in such investigation may be the basis of such a charge, in itself. F. An employee may be required, at City expense, to undergo alcohol and/or substance abuse testing in accordance with Article 14 of this Agreement, and/or a fitness for duty evaluation, which may include both physical and mental fitness. G. The accused employee being interviewed shall not be subject to offensive language or threatened with transfer, dismissal or disciplinary action. No promise or reward shall be made as an inducement to answer any questions. H. An employee may be given a polygraph examination or a voice stress examination if the Chief of Police has reason to believe the employee is a witness to an incident or occurrence being investigated; at the employee’s written request directly to the ChiefChief of Police; or if the employee is a focus of an investigation specifically related to the performance of the employee’s official duties. An employee shall not be disciplined based solely on the results of the polygraph such examination. I. An employee, who has been under investigation, will be informed within three (3) business days of the outcome of the case at within seven (7) days following the conclusion of the investigation, which shall include case review by culminating with the concurrence of the Chief of Police.

Internal Investigations. A. Employees shall be notified in writing at the beginning of a formal internal investigation unless such notification would jeopardize such investigation. B. Employees will be paid for the time during which they are being interviewed. The interviews will be held at the Police Division, or at a location designated by the Chief of Police. An employee will be permitted to have a Labor Council representative and/or legal counsel present during an interview, should the employee feel such interview could lead to discipline. C. The employee shall be informed of the nature of the investigation prior to questioning and shall be informed to the extent known at that time, whether the investigation is focused on the member for potential disciplinary charges. D. Investigations shall be concluded in thirty (30) business days. In the event that the investigation cannot be concluded, the The Chief of Police may file for one shall be updated in writing every forty-five (145) extension days an investigation is still open. The Chief shall report the status of thirty such investigations to the Labor Council within three (303) business days. If the Chief of Police is unable to complete the investigation at the conclusion of the extension period, the investigation will be dismissed without prejudice. Dismissed without prejudice may be reopened in accordance with Section 10.3 (A) of this Article. E. When the City orders an employee to provide information in an investigation, such information may not be used in any criminal proceedings against the employee. Such information may be used by the City in taking action and in defending such action with respect to discharge or discipline of the employee. Before an employee may be charged for refusal to answer questions or participate in an investigation, the employee shall be advised that refusal to answer such questions or participate in such investigation may be the basis of such a charge, in itself. F. An employee may be required, at City expense, to undergo alcohol and/or substance abuse testing in accordance with Article 14 of this Agreement, and/or a fitness for duty evaluation, which may include both physical and mental fitness. G. The accused employee being interviewed shall not be subject to offensive language or threatened with transfer, dismissal or disciplinary action. No promise or reward shall be made as an inducement to answer any questions. H. An employee may be given a polygraph examination or a voice stress examination if the Chief has reason to believe the employee is a witness to an incident or occurrence being investigated; at the employee’s 's written request directly to the Chief; or if the employee is a focus of an investigation specifically related to the performance of the employee’s 's official duties. An employee shall not be disciplined based solely on the results of the polygraph such examination. I. An employee, who has been under investigation, will be informed within three (3) business days of the outcome of the case at the conclusion of the investigation, which shall include case review by the Chief of Police.

Internal Investigations. A. Employees shall be notified in writing at the beginning of a formal internal investigation unless such notification would jeopardize such investigation. B. Employees will be paid for the time during which they are being interviewed. The interviews will be held at the Police Division, or at a location designated by the Chief of Police. An employee will be permitted to have a Labor Council representative and/or legal counsel present during an interview, should the employee feel such interview could lead to discipline. C. The employee shall be informed of the nature of the investigation prior to questioning and shall be informed to the extent known at that time, whether the investigation is focused on the member for potential disciplinary charges. D. Investigations shall be concluded in thirty (30) business days. In the event that the investigation cannot be concluded, the The Chief of Police may file for one shall be updated in writing every forty-five (145) extension of thirty (30) business daysdays an investigation is still open. If the The Chief of Police is unable shall report the status of such investigations to complete the investigation at the conclusion of the extension period, the investigation will be dismissed without prejudice. Dismissed without prejudice may be reopened in accordance with Section 10.3 Labor Council within three (A3) of this Articledays. E. When the City orders an employee to provide information in an investigation, such information may not be used in any criminal proceedings against the employee. Such information may be used by the City in taking action and in defending such action with respect to discharge or discipline of the employee. Before an employee may be charged for refusal to answer questions or participate in an investigation, the employee shall be advised that refusal to answer such questions or participate in such investigation may be the basis of such a charge, in itself. F. An employee may be required, at City expense, to undergo alcohol and/or substance abuse testing in accordance with Article 14 of this Agreement, and/or a fitness for duty evaluation, which may include both physical and mental fitness. G. The accused employee being interviewed shall not be subject to offensive language or threatened with transfer, dismissal or disciplinary action. No promise or reward shall be made as an inducement to answer any questions. H. An employee may be given a polygraph examination or a voice stress examination if the Chief of Police has reason to believe the employee is a witness to an incident or occurrence being investigated; at the employee’s written request directly to the ChiefChief of Police; or if the employee is a focus of an investigation specifically related to the performance of the employee’s official duties. An employee shall not be disciplined based solely on the results of the polygraph such examination. I. An employee, who has been under investigation, will be informed within three (3) business days of the outcome of the case at within seven days following the conclusion of the investigation, which shall include case review by culminating with the concurrence of the Chief of Police.

Internal Investigations. Section 13.1. The purpose of this procedure is to outline the process to be followed in the handling of internal investigations dealing with complaints or misconduct by bargaining unit employees. Section 13.2. Internal investigations shall normally follow the below format: A. Employees When the Metro Parks determines that a formal investigation of complaints or misconduct of a bargaining unit member is necessary, employees shall be notified in writing at the beginning of a formal internal investigation unless such notification would jeopardize such investigation. B. Employees will be paid for the time during which they are being interviewedinterviewed as part of a formal internal investigation. The interviews will be held at the Police Division, or at a location designated by the Chief of PoliceMetro Parks. An employee will be permitted to have a Labor Council FOP/OLC representative and/or legal counsel present during an interview, for observation purposes only, unless a situation arises wherein the FOP/OLC representative determines that clarification is necessary, should the employee feel such interview could lead to discipline. C. The employee shall be informed of the nature of the investigation prior to questioning and shall be informed to the extent known at that time, whether the investigation is focused on the member for potential disciplinary charges. D. Investigations shall be concluded in thirty (30) business days. In the event that the investigation cannot be concluded, the Chief of Police may file for one (1) extension of thirty (30) business days. If the Chief of Police is unable to complete the investigation at the conclusion of the extension period, the investigation will be dismissed without prejudice. Dismissed without prejudice may be reopened in accordance with Section 10.3 (A) of this Article. E. When the City Metro Parks 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 Metro Parks in taking action and in defending such action with respect to discipline or discharge or discipline of the employee. Before an employee may be charged for refusal to answer questions or participate in an investigation, the employee shall be advised that refusal to answer such questions or participate in such investigation may be the basis of such a charge, in itself. F. E. An employee may be required, at City Metro Parks’ expense, to undergo alcohol and/or substance abuse testing in accordance with Article 14 of this Agreement, and/or a fitness for duty evaluation, which may include both physical and mental fitness. G. The accused F. All interviews will be conducted in a professional manner, with questions posed by one investigator at a time. 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 being interviewed and/or a pending question on the table. If a tape recording or an official transcript of the interview or questioning is made, the party making such recording shall not advise the other party of such recording or official transcription prior to the start of the interview or questioning. A copy of the tape recording or official transcript will be subject to offensive language or threatened with transfer, dismissal or disciplinary action. No promise or reward shall be made as an inducement to answer any questionsprovided upon request of either party. H. An employee may be given a polygraph examination or a voice stress examination if the Chief has reason to believe the employee is a witness to an incident or occurrence being investigated; at the employee’s written request directly to the Chief; or if the employee is a focus of an investigation specifically related to the performance of the employee’s official duties. An employee shall not be disciplined based solely on the results of the polygraph examination. I. G. An employee, who has been under investigation, will be informed within three (3) business days of the outcome of the case at within seven days following the conclusion of the investigation, which H. Nothing in the Article shall include case review limit or be construed as limiting the Metro Parks from initiating or participating in a criminal or other investigation being conducted by the Chief of Policeanother agency.