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 designee, for the purpose of conducting administrative investigations with four (4) major purposes; 1. Assist in maintaining Department integrity. 2. Identify members or employees guilty of misconduct so that they me be retrained and corrected, or if unacceptable for further police service, be removed through proper administrative action. 3. Protect innocent students and employees of the District. 4. Enable the District’s attorney to render professional, legal advice to the Chief or designee. B. The section establishes the guidelines for conduct of Internal Investigative interviews. The existence of an Internal Investigative Officer/s does not lessen a commanding officer’s authority or responsibility. In an effort to ensure that interviews are conducted in a manner that is conducive to good order and discipline, the following guidelines are promulgated: 1. When an employee who is a sworn certified police officer is under investigation by the employer for alleged actions that could result in administrative action, the employee shall be afforded all rights provided by the New Mexico Peace Officer’s Employer-Employee Relations Act as amended, other employment laws (Refer to appendix A), and applicable employment laws. 2. If the officer is under arrest or is likely to be, he/she shall be afforded all rights pursuant to Xxxxxxx. 3. The department shall notify the employee under investigation of the date and time of the interview at least 24 hours in advance of the interview being conducted, unless the investigation requires otherwise. 4. If the investigation is due to a citizen’s complaint that citizen will be asked to sign a statement clearly stating the allegation. The officer shall be informed of the nature of the investigation, and the names of the known complainants, unless the Chief or designee determines that the identification of the complainant shall not be disclosed because it is necessary for the protection of an informant or because disclosure would jeopardize or compromise the integrity of security of the investigation. 5. In the event it is determined that the complainant falsified the complaint, the Department shall take whatever action it deems appropriate and the officer may pursue legal remedies against the complainant, and will advise the Chief of Police in writing that he/she is pursuing legal remedies against the complainant. 6. At 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 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 designee shall review the facts and shall make a finding. The Chief or 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 This section is a staff investigative body, responsible designed to the Chief or designee, for the purpose address internal investigations 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. 4Bargaining Unit. Enable the District’s attorney to render professional, legal advice to the Chief or designee. B. The section establishes the guidelines for conduct of Internal Investigative interviews. The existence of an Internal Investigative Officer/s does not lessen a commanding officer’s authority or responsibility. In an effort to ensure that interviews are conducted in a manner that is conducive to good order and disciplineDuring such investigations, the following guidelines are promulgatedcriteria apply: 1. When A. Whenever an investigation appears to be leading to an employee who is a sworn certified police officer is under investigation by the employer for alleged actions that could result in administrative actionbeing disciplined including being suspended from work or discharged, the employee shall be afforded all rights provided by the New Mexico Peace Officer’s Employer-Employee Relations Act as amendedwill receive notice, other employment laws (Refer to appendix A), and applicable employment laws. 2. If the officer is under arrest or is likely to be, he/she shall be afforded all rights pursuant to Xxxxxxx. 3. The department shall notify the employee under investigation of the date and time of the interview at least 24 hours in advance of the interview interview, as to the specific facts which support allegations made against the member. During such questioning, the employee has the right of choice to privately B. Whenever an investigation appears to be leading to criminal charges being conductedbrought against an employee, the employee will be informed of the criminal nature of the investigation prior to any questioning. During such questioning, the employee has the right to be represented and advised by a Union Representative. from the employee's Bargaining Unit, an O.L.C. Staff Representative and or an attorney, provided that such representative is not also a subject of the investigation. C. In all internal investigations, the member's chosen representative shall have a reasonable period of time to appear for the investigation interview. However, such interviews shall not be unduly delayed due to the unavailability of a particular representative. D. Before a member may be charged with insubordination for refusing to answer questions or participate in any investigation, the member shall be advised that such conduct, if continued, may be the basis for such a charge. E. Any interviewing of a member will be conducted at hours reasonably related to the member's shift, preferably during work hours, unless the investigation requires seriousness of the offense in question warrants otherwise. Sessions shall be for reasonable periods of time and time shall be allowed during such interviews for rest periods and attendance to other personal necessities. 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 F. Members shall be informed of the nature of the investigation prior to any questioning, including whether or not the investigation is focused on the member for either a potential felony or misdemeanor charge if known at the time. G. When a member suspected of a violation is being interviewed in an internal investigation, and such questioning will be taped by the names City. A copy of the known complainantstape will be provided to the member being investigated, unless if requested. H. Any evidence obtained in the Chief course of internal investigations through the use of threats, coercion, or designee determines that the identification of the complainant promises shall not be disclosed because it admissible in any subsequent criminal action or internal hearing. However, explaining to a member that potential corrective action could result if the member continues to refuse to answer questions or participate in an investigation shall not be construed as such threats, coercions, or promises. Further, explanation of the potential disciplinary consequences as to the matter under investigation shall not be construed as a threat or coercion. I. In the course of internal investigations, a member may be given a polygraph examination "only if the member is necessary for the protection primary focus of the investigation or a known witness to an informant incident which precipitates the investigation, or because disclosure would jeopardize at the member's written request directly to the Chief of Police. No polygraph examination shall be administered without the member's consent. However, refusal to consent to a polygraph is evidence which may be admitted in a disciplinary proceeding. 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. No polygraph examination may be given without the advance permission of the Chief of Police (or compromise designee). The results of the integrity examination shall not be used in any subsequent criminal action unless agreed to by both parties. For purposes of security the Agreement, polygraph examinations include, without limitation, devices, instruments and procedures which purport to differentiate between truthful and untruthful statements (e.g. polygraphs, psychological stress evaluations (PSE), etc.). X. When a member is to be interviewed in an investigation of any other member, such interview will be conducted in accordance with the procedures established in this section. X. A member who is charged with violating Department orders or regulations will be provided a copy of the report issued as a result of the completed investigation. Such access shall be provided in advance of any Department hearing related to the charge involved. L. All complaints, internal investigation and Department charges shall initially be investigated by a supervisor who shall make recommendations to the Chief of Police through the chain of command. Prior to any suspension, reduction in pay, position or termination being taken against any member based on complaints or charges, the Mayor/Safety Director shall conduct a hearing. At such hearing, the member and/or the member's representative shall have the opportunity to confront and cross-examine any accusers and offer testimony and other evidence on the member's behalf. Reasonable advance notice (no less than forty­ eight [48] hours) of a hearing date and time, as well as the charges to be heard, will be provided to the member. M. Any member who has been under internal investigation and has been interviewed shall be informed, in writing, of the outcome of the case at the conclusion of the investigation. 5. In the event it is determined that the complainant falsified the complaintN. If any of these procedures are violated, the Department such violation 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 designeeGrievance Procedure beginning at Step 3. 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 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 designee shall review the facts and shall make a finding. The Chief or 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 This section is a staff investigative body, responsible designed to the Chief or designee, for the purpose address internal investigations 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. 4Bargaining Unit. Enable the District’s attorney to render professional, legal advice to the Chief or designee. B. The section establishes the guidelines for conduct of Internal Investigative interviews. The existence of an Internal Investigative Officer/s does not lessen a commanding officer’s authority or responsibility. In an effort to ensure that interviews are conducted in a manner that is conducive to good order and disciplineDuring such investigations, the following guidelines are promulgatedcriteria apply: 1. When A. Whenever an investigation appears to be leading to an employee who is a sworn certified police officer is under investigation by the employer for alleged actions that could result in administrative actionbeing disciplined including being suspended from work or discharged, the employee shall be afforded all rights provided by the New Mexico Peace Officer’s Employer-Employee Relations Act as amendedwill receive notice, other employment laws (Refer to appendix A), and applicable employment laws. 2. If the officer is under arrest or is likely to be, he/she shall be afforded all rights pursuant to Xxxxxxx. 3. The department shall notify the employee under investigation of the date and time of the interview at least 24 hours in advance of the interview interview, as to the specific facts which support allegations made against the member. During such questioning, the employee has the right of choice to privately B. Whenever an investigation appears to be leading to criminal charges being conductedbrought against an employee, the employee will be informed of the criminal nature of the investigation prior to any questioning. During such questioning, the employee has the right to be represented and advised by a Union Representative. from the employee's Bargaining Unit, an O.L.C. Staff Representative and or an attorney, provided that such representative is not also a subject of the investigation. C. In all internal investigations, the member's chosen representative shall have a reasonable period of time to appear for the investigation interview. However, such interviews shall not be unduly delayed due to the unavailability of a particular representative. D. Before a member may be charged with insubordination for refusing to answer questions or participate in any investigation, the member shall be advised that such conduct, if continued, may be the basis for such a charge. E. Any interviewing of a member will be conducted at hours reasonably related to the member's shift, preferably during work hours, unless the investigation requires seriousness of the offense in question warrants otherwise. Sessions shall be for reasonable periods of time and time shall be allowed during such interviews for rest periods and attendance to other personal necessities. 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 F. Members shall be informed of the nature of the investigation prior to any questioning, including whether or not the investigation is focused on the member for either a potential felony or misdemeanor charge if known at the time. G. When a member suspected of a violation is being interviewed in an internal investigation, and such questioning will be taped by the names City. A copy of the known complainantstape will be provided to the member being investigated, unless if requested. H. Any evidence obtained in the Chief course of internal investigations through the use of threats, coercion, or designee determines that the identification of the complainant promises shall not be disclosed because it admissible in any subsequent criminal action or internal hearing. However, explaining to a member that potential corrective action could result if the member continues to refuse to answer questions or participate in an investigation shall not be construed as such threats, coercions, or promises. Further, explanation of the potential disciplinary consequences as to the matter under investigation shall not be construed as a threat or coercion. I. In the course of internal investigations, a member may be given a polygraph examination "only if the member is necessary for the protection primary focus of the investigation or a known witness to an informant incident which precipitates the investigation, or because disclosure would jeopardize at the member's written request directly to the Chief of Police. No polygraph examination shall be administered without the member's consent. However, refusal to consent to a polygraph is evidence which may be admitted in a disciplinary proceeding. 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. No polygraph examination may be given without the advance permission of the Chief of Police (or compromise designee). The results of the integrity examination shall not be used in any subsequent criminal action unless agreed to by both parties. For purposes of security the Agreement, polygraph examinations include, without limitation, devices, instruments and procedures which purport to differentiate between truthful and untruthful statements (e.g. polygraphs, psychological stress evaluations (PSE), etc.). J. When a member is to be interviewed in an investigation of any other member, such interview will be conducted in accordance with the procedures established in this section. K. A member who is charged with violating Department orders or regulations will be provided a copy of the report issued as a result of the completed investigation. Such access shall be provided in advance of any Department hearing related to the charge involved. L. All complaints, internal investigation and Department charges shall initially be investigated by a supervisor who shall make recommendations to the Chief of Police through the chain of command. Prior to any suspension, reduction in pay, position or termination being taken against any member based on complaints or charges, the Mayor/Safety Director shall conduct a hearing. At such hearing, the member and/or the member's representative shall have the opportunity to confront and cross-examine any accusers and offer testimony and other evidence on the member's behalf. Reasonable advance notice (no less than forty­ eight [48] hours) of a hearing date and time, as well as the charges to be heard, will be provided to the member. M. Any member who has been under internal investigation and has been interviewed shall be informed, in writing, of the outcome of the case at the conclusion of the investigation. 5. In the event it is determined that the complainant falsified the complaintN. If any of these procedures are violated, the Department such violation 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 designeeGrievance Procedure beginning at Step 3. 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 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 designee shall review the facts and shall make a finding. The Chief or 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. ‌6.1 Whenever an employee is under investigation and subject to interrogation by the University Police Department in a matter which could lead to suspension, demotion or dismissal of the employee under interrogation, such interrogation of such employee shall be conducted in the following manner: A. The Internal Affairs Investigations Officer/s interrogation shall be conducted at a reasonable hour, preferably at a time when the employee is a staff investigative bodyon duty, responsible to unless the Chief or designee, for the purpose of conducting administrative investigations with four (4) major purposes; 1. Assist in maintaining Department integrity. 2. Identify members or employees guilty of misconduct so that they me be retrained and corrected, or if unacceptable for further police service, be removed through proper administrative action. 3. Protect innocent students and employees seriousness of the District. 4. Enable the District’s attorney to render professional, legal advice to the Chief or designeeinvestigation is of such a degree that immediate action is required. B. The section establishes interrogation shall be conducted at the guidelines for conduct of Internal Investigative interviews. University police station. C. The existence of an Internal Investigative Officer/s does not lessen a commanding officer’s authority or responsibility. In an effort to ensure that interviews are conducted in a manner that is conducive to good order and discipline, the following guidelines are promulgated: 1. When an employee who shall be advised if he is a sworn certified police officer witness or 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 if under investigation of the date and time of the interview at least 24 hours in advance of the interview being conducted, unless the investigation requires otherwise. 4. If the investigation is due to a citizen’s complaint that citizen will be asked to sign a statement clearly stating the allegation. The officer shall be informed of the nature of the investigation, charge which is under investigation and the names rank, name and command 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 employee in charge of the investigation. 5, the interrogation employee, and all persons present during the interrogation. In the event it that an employee is determined that called as a witness and during interrogation becomes the complainant falsified subject of an investigation he shall be so informed and shall be given a reasonable opportunity to exercise the complaint, right to representation afforded by this Article. All questions directed to the Department employee under interrogation shall take whatever action it deems appropriate be asked by and through one (1) interrogator. The employee under investigation shall be informed of the officer may pursue legal remedies against identity of the complainantcomplainant(s). D. Interrogation sessions shall be for reasonable periods and shall allow for personal necessities and rest periods. E. The employee under interrogation shall not be subjected to offensive language. No promises or reward shall be made as an inducement to answering any questions. F. The formal interrogation of the employee shall be recorded, and will advise there shall be no unrecorded questions or statements. Upon the Chief subject employee's request, an unedited verbatim transcript or tape recorded copy of Police in writing that he/she is pursuing legal remedies against the complainantemployee's statement shall be provided to the employee within seventy-two (72) hours, excluding weekends and holidays. 6. At X. If the beginning of an Internal Investigative Interrogation any officer employee under investigation will is under arrest, or is likely to be given placed under arrest as a result of the Xxxxxxx Warning. Any officer who refuses investigation, he shall be informed of all of his rights prior 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 commencement of the interrogation. 8X. Xx employee who is the subject of an investigation shall have the right, upon request, to have a representative of his choice present at all times during such interrogation. Whenever such representative is not immediately available, the interrogation shall be postponed for a reasonable period of time in order to afford the employee the opportunity to a representative. I. The complete interview employee shall, if he so requests, receive a copy of his statement, any transcript, which is prepared of the officer oral questions and answers, or any summary of his testimony prepared by the University Police Department. X. In any matter where an employee is required to submit a written statement justifying or explaining his actions in a particular situation, the employee, upon his request, shall be recorded. There will be no off granted twenty-four (24) hours or until the record conversations pertaining start of his next scheduled shift, whichever is sooner, to the investigation. All recesses will be noted in the recordsubmit such a statement. 9. Disciplinary actions K. If, as the result of an internal investigation an employee's conduct is unbecoming an officer of this agency, the charge shall be specific in its allegations and determinations shall describe the conduct which is the basis of the charge. L. The provisions of this section shall apply only be made to investigations covered by this section and shall not apply to any other form of investigation or discipline. 6.2 In cases where it is decided to relieve an employee from duty pending an investigation or other administrative action, the employee will remain on full salary and shall not lose any benefits during this period of time. 6.3 When an investigation by the University Police Department is completed, the Chief of Police or 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 designee shall review the facts and shall make a finding. The Chief or designee, in writing, shall notify the officer being investigated as to determine the disposition of the investigation within ten according to the following: A. Proper Conduct (10) days of its completion. Exonerated): The Chief or designee shall classify allegation is true, but the results actions of the investigation in one employee were consistent with University Police Department policy. B. Improper Conduct (Sustained): The allegation is true and the actions of the following categories:employee were inconsistent with University Police Department policy. C. Insufficient Evidence (Not Sustained): There is not sufficient evidence to prove or refute the allegation. D. Unfounded Complaint: Either the allegation is demonstrably false or there is no credible evidence to support the allegation.

Internal Investigations. ‌9.1 Whenever an employee covered by this Agreement has been advised by the Town that he/she is the subject of a formal investigation and thereafter is subject to a formal interrogation for reasons which could lead to disciplinary action, such interrogation will be conducted under the following (NOTE: A formal investigation shall exist whenever a preliminary investigation, which may include questioning of the affected officer, indicated that disciplinary action is probable.) A. (a) The Internal Affairs Investigations Officer/s interrogation will be conducted at a reasonable hour, whenever possible at a time when the employee is a staff investigative bodyon duty, responsible to unless of course the Chief or designee, for seriousness of the purpose investigation is of conducting administrative investigations with four (4) major purposessuch an important degree that immediate questioning is required; 1. Assist in maintaining (b) The interrogation will take place at the Police Department integrity.or Town Hall, whenever possible and practical based upon the circumstances; 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 (c) At the request of the District. 4. Enable the District’s attorney to render professional, legal advice to the Chief or designee. B. The section establishes the guidelines for conduct of Internal Investigative interviews. The existence of an Internal Investigative Officer/s does not lessen a commanding officer’s authority or responsibility. In an effort to ensure that interviews are conducted in a manner that is conducive to good order and discipline, the following guidelines are promulgated: 1. When an employee officer who is a sworn certified police officer is under subject to 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 beinterrogation, he/she shall be afforded a reasonable period of time to have a representative of his/her own choice present during the questioning; (d) The employee who is subject of the investigation and interrogation will be informed of the name and rank of the person asking the questions and also will be advised of the names and ranks of all rights pursuant to Xxxxxxx. 3persons present during questioning. The department shall notify It is agreed that only one person will question the employee under investigation at any time; (e) The employee who is subject of the date investigation and time of the interview at least 24 hours in advance of the interview interrogation, prior to his/her being conductedquestioned, 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 charges against him/her and he/she shall be informed of the name of all persons lodging a complaint against him, and witnesses if any; (f) No employee shall be forced to submit to an examination by a polygraph or other mechanical or electronic device (e.g., "PSE") to determine the truth of his/her statement. However, such employee may be asked and may consent to the taking of such an examination; (g) It is agreed that questioning sessions will be for reasonable periods of time and that break periods will be allowed for the employee to attend to "personal necessities" and rest periods will be allowed when necessary; (h) The employee under the formal investigation and interrogation will not be subject to offensive language; (i) The formal interrogation of any employee, including all recess periods, may be recorded by either party; (j) If the employee who is subject to the investigation is placed under arrest, or if it is likely that he/she will be placed under arrest as a result of the formal interrogation, it is agreed that he/she shall be completely advised of his/her rights prior to the beginning of the formal interrogation. 9.2 If a statement is taken or an interrogation is conducted in violation of the procedures contained in this Article, such violation shall only affect the admissibility of such statement and shall not automatically invalidate any action taken as a result of the statement. 9.3 The employee shall be given an exact copy of any written statement he/she may execute, at no cost to the employee. Upon conclusion of the investigation, and the names employee will be furnished with a copy of the known complainantsfindings. 9.4 No employee will be compelled to speak or testify before, or be questioned by, any non- governmental agency unless under proper court subpoena, or as directed by the Chief or designee determines his designee. 9.5 Whenever possible, the Town will request that the identification of the complainant shall citizen complaints be made in writing or that a recorded statement be obtained. An employee will not be disclosed because it is necessary for the protection of disciplined based upon an informant or because disclosure would jeopardize or compromise the integrity of security of the investigation. 5. In the event anonymous complaint unless following a full and fair investigation supported by competent and substantial evidence, 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 complaint is pursuing legal remedies against the complainantsustained. 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 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 designee shall review the facts and shall make a finding. The Chief or 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: