Common use of Internal Review Procedures Clause in Contracts

Internal Review Procedures. 34.01 At the time any employee covered by this Agreement is notified or is contacted by any supervisor in reference to any third party complaint that is likely to result in suspension or dismissal, that employee shall have the right to request the presence of his bargaining unit representative, and said bargaining unit representative shall have the right to accompany the employee during all interview sessions. 34.02 Members shall be informed of the nature of the incident prior to any questioning and shall be informed, to the extent known at the time, whether the investigation is focused on the member for a potential charge. Members shall be given a written summary of the nature of the incident or complaint prior to any questioning. If a member requests it, he shall be given a brief time prior to any questioning to locate and review any written documents he possesses regarding the event(s) being investigated in order to fully prepare himself to accurately and completely respond to the questioning. An investigating officer may accompany the member during his brief search and review of such documents. 34.03 When a member is to be interviewed in an investigation of any other member, such interview shall be conducted in accordance with procedures established herein. 34.04 Any interrogation, questioning, or interviewing of a member will be conducted, insofar as possible, at hours reasonably related to the shifts of both the interrogator and the member being interrogated, but preferably during working hours. Interrogation sessions shall be for reasonable periods of time, and time shall be allowed during such questioning for attendance to physical necessities. 34.05 All interrogations and or interviews of members shall be tape-recorded by the Division of Police at the request of either party. The member and bargaining unit representative will be afforded the opportunity, upon written request, directly to the Chief of Police or his designee, to listen to and make personal notes or verify the accuracy of a tape made of his interview subsequent to that interview,. If a transcript of a tape is made by the Division of Police, the member will be provided a copy of such transcript upon written request to the Chief of Police or his designee. 34.06 Before a member may be charged with insubordination or like offense for refusing to answer questions or participate in an investigation, he shall be advised that such conduct if continued may be made the basis for such charge. 34.07 No polygraph examination may be given without advance approval by the Chief of Police. 34.08 Any citizen alleging a wrongdoing on the part of a member of the bargaining unit will be asked to sign a complaint form. When an anonymous or unsigned complaint is made against a member and there is no corroborative evidence, then the complaint shall be classified as unfounded and the accused member shall not be required to submit a written report. Complaints designated to be unfounded shall not be included in the personnel file of the member and may not be used in any subsequent disciplinary proceeding. 34.09 A member who is charged with violating Division of Police Rules and Regulations, and his bargaining unit representative when one is involved, shall be provided access to transcripts, records, written statements, video-tapes, and results of any polygraph examinations being submitted at the hearing as evidence. Such access shall be provided reasonably in advance of said hearing. The Division of Police shall be provided access reasonably in advance to the Departmental Hearing, to transcripts, records, written statements, video-tapes, and the results of any polygraph examinations being submitted at the hearing as evidence. 34.10 Any member who has been under investigation by the Division of Police and has been interviewed shall be informed in writing of the outcome of the case at the conclusion of the investigation. 34.11 If any of these procedures are alleged to be violated, such allegations shall be subject to the grievance procedure beginning at Step 3 of the Grievance Procedure. 34.12 Classification of complaints: - SUSTAINED: When the facts obtained support the complaint, the case is classified as Sustained. - EXONERATED: When the evidence indicates that the act complained of did in fact occur but was legal, proper, and necessary, the case is classified as Exonerated.

Internal Review Procedures. 34.01 At the time any employee covered by this Agreement is notified or is contacted by any supervisor in reference to any third party complaint that is likely to result in suspension or dismissal, that employee shall have the right to request the presence of his bargaining unit representative, and said bargaining unit representative shall have the right to accompany the employee during all interview sessions. 34.02 Members shall be informed of the nature of the incident prior to any questioning and shall be informed, to the extent known at the time, whether the investigation is focused on the member for a potential charge. Members shall be given a written summary of the nature of the incident or complaint prior to any questioning. If a member requests it, he shall be given a brief time prior to any questioning to locate and review any written documents he possesses regarding the event(s) being investigated in order to fully prepare himself to accurately and completely respond to the questioning. An investigating officer may accompany the member during his brief search and review of such documents. 34.03 When a member is to be interviewed in an investigation of any other member, such interview shall be conducted in accordance with procedures established herein. 34.04 Any interrogation, questioning, or interviewing of a member will be conducted, insofar as possible, at hours reasonably related to the shifts of both the interrogator and the member being interrogated, but preferably during working hours. Interrogation sessions shall be for reasonable periods of time, and time shall be allowed during such questioning for attendance to physical necessities. 34.05 All interrogations and or interviews of members shall be tape-recorded by the Division of Police at the request of either party. The member and bargaining unit representative will be afforded the opportunity, upon written request, directly to the Chief of Police or his designeedesignate, to listen to and make personal notes or verify the accuracy of a tape made of his interview subsequent to that interview,. If a transcript of a tape is made by the Division of Police, the member will be provided a copy of such transcript upon written request to the Chief of Police or his designeedesignate. 34.06 Before a member may be charged with insubordination or like offense for refusing to answer questions or participate in an investigation, he shall be advised that such conduct if continued may be made the basis for such charge. 34.07 No polygraph examination may be given without advance approval by the Chief of Police. 34.08 Any citizen alleging a wrongdoing on the part of a member of the bargaining unit will be asked to sign a complaint form. When an anonymous or unsigned complaint is made against a member and there is no corroborative evidence, then the complaint shall be classified as unfounded and the accused member shall not be required to submit a written report. Complaints designated to be unfounded shall not be included in the personnel file of the member and may not be used in any subsequent disciplinary proceeding. 34.09 A member who is charged with violating Division of Police Rules and Regulations, and his bargaining unit representative when one is involved, shall be provided access to transcripts, records, written statements, video-tapes, and results of any polygraph examinations being submitted at the hearing as evidence. Such access shall be provided reasonably in advance of said hearing. The Division of Police shall be provided access reasonably in advance to the Departmental Hearing, to transcripts, records, written statements, video-tapes, and the results of any polygraph examinations being submitted at the hearing as evidence. 34.10 Any member who has been under investigation by the Division of Police and has been interviewed shall be informed in writing of the outcome of the case at the conclusion of the investigation. 34.11 If any of these procedures are alleged to be violated, such allegations shall be subject to the grievance procedure beginning at Step 3 of the Grievance Procedure. 34.12 Classification of complaints: - SUSTAINED: When the facts obtained support the complaint, the case is classified as Sustained. - EXONERATED: When the evidence indicates that the act complained of did in fact occur but was legal, proper, and necessary, the case is classified as Exonerated.

Internal Review Procedures. 34.01 At the time any employee covered by this Agreement is notified or is contacted by any supervisor in reference to any third party complaint that is likely to result in suspension or dismissalA. A Bargaining Unit member, that employee shall have the right to request the presence of his bargaining unit representative, and said bargaining unit representative shall have the right to accompany the employee during all interview sessions. 34.02 Members shall be informed of the nature of the incident prior to any questioning and shall be informed, to the extent known at the time, whether the investigation is focused on the member for a potential charge. Members shall be given a written summary of the nature of the incident or complaint prior to any questioning. If a member requests it, he shall be given a brief time prior to any questioning to locate and review any written documents he possesses regarding the event(s) being investigated in order to fully prepare himself to accurately and completely respond to the questioning. An investigating officer may accompany the member during his brief search and review of such documents. 34.03 When a member who is to be interviewed questioned as a suspect in an any investigation of any other memberwhere criminal charges may result, such interview shall be conducted advised of the member’s Constitutional Rights in accordance with procedures established hereinthe law. 34.04 Any interrogation, questioning, or interviewing of a member will be conducted, insofar as possible, at hours reasonably related to the shifts of both the interrogator and the member being interrogated, but preferably during working hours. Interrogation sessions shall be for reasonable periods of time, and time shall be allowed during such questioning for attendance to physical necessities. 34.05 All interrogations and or interviews of members shall be tape-recorded by the Division of Police at the request of either party. The member and bargaining unit representative will be afforded the opportunity, upon written request, directly to the Chief of Police or his designee, to listen to and make personal notes or verify the accuracy of a tape made of his interview subsequent to that interview,. If a transcript of a tape is made by the Division of Police, the member will be provided a copy of such transcript upon written request to the Chief of Police or his designee. 34.06 B. Before a Bargaining Unit member may be charged with insubordination or like offense for refusing to answer questions or participate in an investigation, he the member shall be advised that such conduct conduct, if continued continued, may be made the basis for such a charge. In cases where criminal charges may result; if a member desires, the member shall be given a reasonable opportunity to consult with an attorney or Union representative before being required to answer questions. 34.07 No polygraph examination C. When a bargaining unit member is to be questioned as part of an internal investigation, the member may bring to the investigation interview either an attorney and/or a Union representative of choice, including, but not limited to, a non-employee Union representative. If the attorney or Union representative is unavailable at the time of the scheduled investigative interview, the employee shall be given without advance approval a reasonable opportunity to secure that person’s attendance prior to the interview proceeding. D. When a Bargaining Unit member suspected of a violation is being interviewed, such interview shall be recorded at the request of either party by the Chief requesting party. No recording of Policeinterviews or interrogations shall be without the knowledge of the Bargaining Unit member and the Employer. 34.08 Any citizen alleging E. The Employer shall not require one employee to investigate another employee in the same Bargaining Unit, except that a wrongdoing on lieutenant may investigate a sergeant. F. For purposes of Internal Investigation, Detectives shall not be considered members of the part “same” Bargaining Unit and are therefore excluded from this prohibition. G. Nothing herein shall be construed as restricting members of a member the Bargaining Unit from reporting violations of departmental rules or policy committed by other members of the bargaining unit will unit. H. If any of the procedures of these articles are violated, such violation shall be asked subject to sign a complaint form. When the Grievance Procedure. I. The Mayor, the Director of Public Safety, the Chief, or the Captain xxx investigate an anonymous or unsigned complaint is made against a member complaint, and there is no corroborative evidenceif corroborated, then may become the complaint shall be classified as unfounded accusing party and pursue discipline under the accused member shall not be required to submit a written report. Complaints designated to be unfounded shall not be included in the personnel file terms of the member and may not be used in any subsequent disciplinary proceedingthis Agreement. 34.09 A X. Excluding matters involving criminal investigations, any member who is charged with violating Division of Police Rules the department rules and Regulationsregulations and issued a reduction in pay or position, and his bargaining unit representative when one is involvedremoval or suspension will, shall upon written request (including e-mail), be provided access to transcripts, records, written statements, video-tapes, and results of any polygraph examinations being submitted at tapes pertinent to the hearing as evidencecase. Such access The information shall be provided reasonably within a reasonable time to allow the member and/or the Union to conduct an independent investigation in advance the matter. K. All members of said hearingthe department shall be obligated to cooperate in the investigation conducted by the employer and/or the Union and shall not be subjected to administrative/union pressure not to cooperate in the investigation. Either party has the right to take notes during an interview. If a transcript of the tape is made by the employer, the member will be provided a copy of such transcript upon written request directly to the Employer. L. The Division Employer will not use a polygraph machine or other mechanical or chemical truth testing device to investigate the truth of statements made by members without the written consent of the member and the member’s representative. M. Any complaints of violation of rules and regulations or of improper conduct that could not result in criminal charge shall be filed by the complainant within thirty (30) days of the alleged occurrence or of the date that the Chief of Police becomes aware or should reasonably have become aware of the alleged occurrence. N. Notification to the Bargaining Unit member within fourteen (14) days that an investigation is being conducted shall be provided access reasonably in advance sufficient to comply with this section. Any complaint against a Bargaining Unit member shall be reduced to writing. Any complaint, which is filed as harassment, and after investigation is found to have been fabricated, shall be forwarded to the Departmental HearingBargaining Unit member. O. The City shall endeavor to complete internal investigations that cannot result in criminal charges within ninety (90) days. If the City cannot complete an investigation within ninety (90) days, to transcripts, records, written statements, video-tapes, it shall inform the affected employee concerning the status of the investigation and the results of any polygraph examinations being submitted at anticipated date on which the hearing as evidenceinvestigation will be concluded. 34.10 Any member who has been under investigation by the Division of Police and has been interviewed shall be informed in writing of the outcome of the case at the conclusion of the investigation. 34.11 If any of these procedures are alleged to be violated, such allegations shall be subject to the grievance procedure beginning at Step 3 of the Grievance Procedure. 34.12 Classification of complaints: - SUSTAINED: When the facts obtained support the complaint, the case is classified as Sustained. - EXONERATED: When the evidence indicates that the act complained of did in fact occur but was legal, proper, and necessary, the case is classified as Exonerated.

Internal Review Procedures. 34.01 At the time any employee covered by this Agreement is notified or is contacted by any supervisor in reference to any third party complaint that is likely to result in suspension or dismissalA. A Bargaining Unit member, that employee shall have the right to request the presence of his bargaining unit representative, and said bargaining unit representative shall have the right to accompany the employee during all interview sessions. 34.02 Members shall be informed of the nature of the incident prior to any questioning and shall be informed, to the extent known at the time, whether the investigation is focused on the member for a potential charge. Members shall be given a written summary of the nature of the incident or complaint prior to any questioning. If a member requests it, he shall be given a brief time prior to any questioning to locate and review any written documents he possesses regarding the event(s) being investigated in order to fully prepare himself to accurately and completely respond to the questioning. An investigating officer may accompany the member during his brief search and review of such documents. 34.03 When a member who is to be interviewed questioned as a suspect in an any investigation of any other memberwhere criminal charges may result, such interview shall be conducted advised of the member’s Constitutional Rights in accordance with procedures established hereinthe law. 34.04 Any interrogation, questioning, or interviewing of a member will be conducted, insofar as possible, at hours reasonably related to the shifts of both the interrogator and the member being interrogated, but preferably during working hours. Interrogation sessions shall be for reasonable periods of time, and time shall be allowed during such questioning for attendance to physical necessities. 34.05 All interrogations and or interviews of members shall be tape-recorded by the Division of Police at the request of either party. The member and bargaining unit representative will be afforded the opportunity, upon written request, directly to the Chief of Police or his designee, to listen to and make personal notes or verify the accuracy of a tape made of his interview subsequent to that interview,. If a transcript of a tape is made by the Division of Police, the member will be provided a copy of such transcript upon written request to the Chief of Police or his designee. 34.06 B. Before a Bargaining Unit member may be charged with insubordination or like offense for refusing to answer questions or participate in an investigation, he the member shall be advised that such conduct conduct, if continued continued, may be made the basis for such a charge. In cases where criminal charges may result; if a member desires, the member shall be given a reasonable opportunity to consult with an attorney or Union representative before being required to answer questions. 34.07 No polygraph examination C. When a bargaining unit member is to be questioned as part of an internal investigation, the member may bring to the investigation interview either an attorney and/or a Union representative of choice, including, but not limited to, a non-employee Union representative. If the attorney or Union representative is unavailable at the time of the scheduled investigative interview, the employee shall be given without advance approval a reasonable opportunity to secure that person’s attendance prior to the interview proceeding. D. When a Bargaining Unit member suspected of a violation is being interviewed, such interview shall be recorded at the request of either party by the Chief requesting party. No recording of Policeinterviews or interrogations shall be without the knowledge of the Bargaining Unit member and the Employer. 34.08 Any citizen alleging E. The Employer shall not require one employee to investigate another employee in the same Bargaining Unit, except that a wrongdoing on lieutenant may investigate a sergeant. F. For purposes of Internal Investigation, Detectives shall not be considered members of the part “same” Bargaining Unit and are therefore excluded from this prohibition. G. Nothing herein shall be construed as restricting members of a member the Bargaining Unit from reporting violations of departmental rules or policy committed by other members of the bargaining unit will unit. H. If any of the procedures of these articles are violated, such violation shall be asked subject to sign a complaint form. When the Grievance Procedure. I. The Mayor, the Director of Public Safety, the Chief, or the Captain xxx investigate an anonymous or unsigned complaint is made against a member complaint, and there is no corroborative evidenceif corroborated, then may become the complaint shall be classified as unfounded accusing party and pursue discipline under the accused member shall not be required to submit a written report. Complaints designated to be unfounded shall not be included in the personnel file terms of the member and may not be used in any subsequent disciplinary proceedingthis Agreement. 34.09 A J. Excluding matters involving criminal investigations, any member who is charged with violating Division of Police Rules the department rules and Regulationsregulations and issued a reduction in pay or position, and his bargaining unit representative when one is involvedremoval or suspension will, shall upon written request (including e-mail), be provided access to transcripts, records, written statements, video-tapes, and results of any polygraph examinations being submitted at tapes pertinent to the hearing as evidencecase. Such access The information shall be provided reasonably within a reasonable time to allow the member and/or the Union to conduct an independent investigation in advance the matter. K. All members of said hearingthe department shall be obligated to cooperate in the investigation conducted by the employer and/or the Union and shall not be subjected to administrative/union pressure not to cooperate in the investigation. Either party has the right to take notes during an interview. If a transcript of the tape is made by the employer, the member will be provided a copy of such transcript upon written request directly to the Employer. L. The Division Employer will not use a polygraph machine or other mechanical or chemical truth testing device to investigate the truth of statements made by members without the written consent of the member and the member’s representative. M. Any complaints of violation of rules and regulations or of improper conduct that could not result in criminal charge shall be filed by the complainant within thirty (30) days of the alleged occurrence or of the date that the Chief of Police becomes aware or should reasonably have become aware of the alleged occurrence. N. Notification to the Bargaining Unit member within fourteen (14) days that an investigation is being conducted shall be provided access reasonably in advance sufficient to comply with this section. Any complaint against a Bargaining Unit member shall be reduced to writing. Any complaint, which is filed as harassment, and after investigation is found to have been fabricated, shall be forwarded to the Departmental HearingBargaining Unit member. O. The City shall endeavor to complete internal investigations that cannot result in criminal charges within ninety (90) days. If the City cannot complete an investigation within ninety (90) days, to transcripts, records, written statements, video-tapes, it shall inform the affected employee concerning the status of the investigation and the results of any polygraph examinations being submitted at anticipated date on which the hearing as evidenceinvestigation will be concluded. 34.10 Any member who has been under investigation by the Division of Police and has been interviewed shall be informed in writing of the outcome of the case at the conclusion of the investigation. 34.11 If any of these procedures are alleged to be violated, such allegations shall be subject to the grievance procedure beginning at Step 3 of the Grievance Procedure. 34.12 Classification of complaints: - SUSTAINED: When the facts obtained support the complaint, the case is classified as Sustained. - EXONERATED: When the evidence indicates that the act complained of did in fact occur but was legal, proper, and necessary, the case is classified as Exonerated.

Internal Review Procedures. 34.01 At the time any employee covered by this Agreement is notified or is contacted by any supervisor in reference to any third party complaint that is likely to result in suspension or dismissalA. A Bargaining Unit member, that employee shall have the right to request the presence of his bargaining unit representative, and said bargaining unit representative shall have the right to accompany the employee during all interview sessions. 34.02 Members shall be informed of the nature of the incident prior to any questioning and shall be informed, to the extent known at the time, whether the investigation is focused on the member for a potential charge. Members shall be given a written summary of the nature of the incident or complaint prior to any questioning. If a member requests it, he shall be given a brief time prior to any questioning to locate and review any written documents he possesses regarding the event(s) being investigated in order to fully prepare himself to accurately and completely respond to the questioning. An investigating officer may accompany the member during his brief search and review of such documents. 34.03 When a member who is to be interviewed questioned as a suspect in an any investigation of any other memberwhere criminal charges may result, such interview shall be conducted advised of the member’s Constitutional Rights in accordance with procedures established hereinthe law. 34.04 Any interrogation, questioning, or interviewing of a member will be conducted, insofar as possible, at hours reasonably related to the shifts of both the interrogator and the member being interrogated, but preferably during working hours. Interrogation sessions shall be for reasonable periods of time, and time shall be allowed during such questioning for attendance to physical necessities. 34.05 All interrogations and or interviews of members shall be tape-recorded by the Division of Police at the request of either party. The member and bargaining unit representative will be afforded the opportunity, upon written request, directly to the Chief of Police or his designee, to listen to and make personal notes or verify the accuracy of a tape made of his interview subsequent to that interview,. If a transcript of a tape is made by the Division of Police, the member will be provided a copy of such transcript upon written request to the Chief of Police or his designee. 34.06 B. Before a Bargaining Unit member may be charged with insubordination or like offense for refusing to answer questions or participate in an investigation, he the member shall be advised that such conduct conduct, if continued continued, may be made the basis for such a charge. In cases where criminal charges may result; if a member desires, the member shall be given a reasonable opportunity to consult with an attorney or Union representative before being required to answer questions. 34.07 No polygraph examination C. When a bargaining unit member is to be questioned as part of an internal investigation, the member may bring to the investigation interview either an attorney and/or a Union representative of choice, including, but not limited to, a non-employee Union representative. If the attorney or Union representative is unavailable at the time of the scheduled investigative interview, the employee shall be given without advance approval a reasonable opportunity to secure that person’s attendance prior to the interview proceeding. D. When a Bargaining Unit member suspected of a violation is being interviewed, such interview shall be recorded at the request of either party by the Chief requesting party. No recording of Policeinterviews or interrogations shall be without the knowledge of the Bargaining Unit member and the Employer. 34.08 Any citizen alleging E. The Employer shall not require one employee to investigate another employee in the same Bargaining Unit, except that a wrongdoing on lieutenant may investigate a sergeant. F. For purposes of Internal Investigation, Detectives shall not be considered members of the part “same” Bargaining Unit and are therefore excluded from this prohibition. G. Nothing herein shall be construed as restricting members of a member the Bargaining Unit from reporting violations of departmental rules or policy committed by other members of the bargaining unit will unit. H. If any of the procedures of these articles are violated, such violation shall be asked subject to sign a complaint form. When the Grievance Procedure. I. The Mayor, the Director of Public Safety, the Chief, or the Captain may investigate an anonymous or unsigned complaint is made against a member complaint, and there is no corroborative evidenceif corroborated, then may become the complaint shall be classified as unfounded accusing party and pursue discipline under the accused member shall not be required to submit a written report. Complaints designated to be unfounded shall not be included in the personnel file terms of the member and may not be used in any subsequent disciplinary proceedingthis Agreement. 34.09 A J. Excluding matters involving criminal investigations, any member who is charged with violating Division of Police Rules the department rules and Regulationsregulations and issued a reduction in pay or position, and his bargaining unit representative when one is involvedremoval or suspension will, shall upon written request (including e-mail), be provided access to transcripts, records, written statements, video-tapes, and results of any polygraph examinations being submitted at tapes pertinent to the hearing as evidencecase. Such access The information shall be provided reasonably within a reasonable time to allow the member and/or the Union to conduct an independent investigation in advance the matter. K. All members of said hearingthe department shall be obligated to cooperate in the investigation conducted by the employer and/or the Union and shall not be subjected to administrative/union pressure not to cooperate in the investigation. Either party has the right to take notes during an interview. If a transcript of the tape is made by the employer, the member will be provided a copy of such transcript upon written request directly to the Employer. L. The Division Employer will not use a polygraph machine or other mechanical or chemical truth testing device to investigate the truth of statements made by members without the written consent of the member and the member’s representative. M. Any complaints of violation of rules and regulations or of improper conduct that could not result in criminal charge shall be filed by the complainant within thirty (30) days of the alleged occurrence or of the date that the Chief of Police becomes aware or should reasonably have become aware of the alleged occurrence. N. Notification to the Bargaining Unit member within fourteen (14) days that an investigation is being conducted shall be provided access reasonably in advance sufficient to comply with this section. Any complaint against a Bargaining Unit member shall be reduced to writing. Any complaint, which is filed as harassment, and after investigation is found to have been fabricated, shall be forwarded to the Departmental HearingBargaining Unit member. O. The City shall endeavor to complete internal investigations that cannot result in criminal charges within ninety (90) days. If the City cannot complete an investigation within ninety (90) days, to transcripts, records, written statements, video-tapes, it shall inform the affected employee concerning the status of the investigation and the results of any polygraph examinations being submitted at anticipated date on which the hearing as evidenceinvestigation will be concluded. 34.10 Any member who has been under investigation by the Division of Police and has been interviewed shall be informed in writing of the outcome of the case at the conclusion of the investigation. 34.11 If any of these procedures are alleged to be violated, such allegations shall be subject to the grievance procedure beginning at Step 3 of the Grievance Procedure. 34.12 Classification of complaints: - SUSTAINED: When the facts obtained support the complaint, the case is classified as Sustained. - EXONERATED: When the evidence indicates that the act complained of did in fact occur but was legal, proper, and necessary, the case is classified as Exonerated.