Common use of Internal Investigations Clause in Contracts

Internal Investigations. A. The employee shall be informed of the nature of the investigation prior to questioning and shall be informed to the extent known at that time, whether the investigation is focused on the member for potential disciplinary charges. B. Before an employee may be charged with any violation of the Division's Rules and Regulations for a refusal to answer questions or participate in an investigation, the employee shall be advised that refusal to answer such questions or participate in such investigation may be the basis of such a charge, in itself. During interviews where an action of record may occur, if an employee desires, the employee shall be given a reasonable opportunity to consult with an appropriate Union representative and/or attorney before being required to answer questions. C. When the City orders an employee to provide information in an investigation, such information may not be used in any criminal proceedings against the employee. Such information may be used by the City in taking action and in defending such action with respect to discipline or discharge of the employee. D. All interrogations and/or interviews of members conducted in conjunction with an investigation shall be audio or video tape recorded by the City at the request of either party. If the employee's statement is reduced to writing, the employee or representative authorized by the employee shall be given a copy of said statement. E. When any anonymous or frivolous complaint is made against an employee and if after an investigation there is no corroborative evidence of any kind, then the complaint shall be classified as unfounded. F. Any interrogation, questioning, or interviewing of an employee will be conducted at hours reasonably related to the employees shift, preferably during working hours. Such sessions shall be for reasonable periods of time, and time shall be allowed during such questioning for rest periods and attendance to other physical necessities. G. In the interest of fair and expeditious corrective action, an employee who has allegedly committed a violation of a minor nature relating to the employee's performance may be interviewed by an immediate supervisor prior to orally correcting and counseling said employee.

Internal Investigations. A. The employee shall be informed of the nature of the investigation prior to questioning and shall be informed to the extent known at that time, whether the investigation is focused on the member for potential disciplinary charges. B. Before an employee may be charged with any violation of the Division's Rules and Regulations for a refusal to answer questions or participate in an investigation, the employee shall be advised that refusal to answer such questions or participate in such investigation may be the basis of such a charge, in itself. During interviews where an action of record may occur, if an employee desires, the employee shall be given a reasonable opportunity to consult with an appropriate Union Lodge representative and/or attorney before being required to answer questions. C. When the City orders an employee to provide information in an investigation, such information may not be used in any criminal proceedings against the employee. Such information may be used by the City in taking action and in defending such action with respect to discharge or discipline or discharge of the employee. D. All interrogations and/or interviews of members conducted in conjunction with an investigation shall be audio or video tape videotape recorded by the City at the request of either party. If the employee's statement is reduced to writing, the employee or representative authorized by the employee shall be given a copy of said statement. E. When any anonymous or frivolous complaint is made against an employee and if after an investigation there is no corroborative evidence of any kind, then the complaint shall be classified as unfounded. F. Any interrogation, questioning, or interviewing of an employee will be conducted at hours reasonably related to the employees shift, preferably during working hours. Such sessions shall be for reasonable periods of time, and time shall be allowed during such questioning for rest periods and attendance to other physical necessities. G. Employees may be given a polygraph examination and/or voice stress analyzer examination only if they are the primary focus of an investigation (or a known witness to the incident) that could lead to termination or at the employee's written request directly to the Chief of Police. H. In the interest of fair and expeditious corrective action, an employee who has allegedly committed a violation of a minor nature relating to the employee's performance may be interviewed by an immediate supervisor prior to orally correcting and counseling said employee.