Common use of Interviews of officers Clause in Contracts

Interviews of officers. in connection with a complaint investigation shall be conducted in compliance with the following conditions: a. As soon as reasonably possible, but within no more than two (2) business days of an officer being placed on administrative assignment, the officer shall be informed as to whether the allegation(s) against the officer is criminal and/or administrative and the general nature of the allegation(s) unless the notification would interfere with or jeopardize the integrity of the investigation as determined by the Chief. Prior to any interview or special examination, the employee under investigation will receive confidential written notification of the complaint. This notification will include a copy of the original complaint or a summary adequately listing the relevant facts and a reference to the employee’s rights and responsibilities during the investigation. The employee will be allowed ten (10) working days following the receipt of such notification to review the aforementioned rights and responsibilities and to secure a personal representative, if desired, prior to any interviews. This time period of ten (10) working days prior to interviews being conducted may be extended based on extenuating circumstances acceptable to and by mutual written agreement of the parties. The parties further agree management shall not refuse an extension request of the FOP for reasons that are arbitrary, capricious or discriminatory. b. After a preliminary investigation of the complaint, if the Chief or his designee determine that the allegations are not sufficient to merit further investigation, they may waive any interview of the affected officer. c. Prior to an interview or special examination, the officer shall be informed whether the investigation or inquiry is criminal or administrative in nature. An officer may decline to answer questions in a criminal investigation but must participate in an administrative interview if required by supervisor. d. The officer under investigation shall be informed of the rank, name, and command of the officer in charge of the investigation, the interviewing officer and all persons present during the interrogation or interview. All questions directed to the officer during the interview shall be asked by and through one and only one person at a time. All parties in an investigatory interview or interrogation shall be permitted to record the proceedings. e. In accordance with the “Xxxxxxx Rule”, if the activities, circumstances, or events which pertain to the alleged conduct of acts(s) under investigation could reasonably be expected to subject the officer to criminal charges, the officer shall not be compelled to answer any questions or submit to any special examinations prior to the administration of the Xxxxxxx Admonition. Exercising the protections provided under Xxxxxxx shall not subject the officer to disciplinary action. f. All interviewing shall be limited in scope to the activities, circumstances, or events which pertain to the alleged conduct, act(s), or omission(s) which form the basis for or come to light during the investigation. g. Interviewing sessions shall be for reasonable periods and shall be timed to allow for such personal necessities and rest periods as are reasonably necessary. h. When investigation results in discipline against the Officer, the Officer, upon written request, may review the reports, transcripts, or other recordings of the proceedings upon which the discipline is based, and shall be given electronic or hard copies of the same.

Interviews of officers. in connection with a complaint investigation shall be conducted in compliance with the following conditions: a. As soon as reasonably possible, but within no more than two (2) business days of an officer being placed on administrative assignment, the officer shall be informed as to whether the allegation(s) against the officer is criminal and/or administrative and the general nature of the allegation(s) unless the notification would interfere with or jeopardize the integrity of the investigation as determined by the Chief. Prior to any interview or special examination, the employee under investigation will receive confidential written notification of the complaint. This notification will include a copy of the original complaint or a summary adequately listing the relevant facts and a reference to the employee’s rights and responsibilities during the investigation. The employee will be allowed ten (10) working days following the receipt of such notification to review the aforementioned rights and responsibilities and to secure a personal representative, if desired, prior to any interviews. This time period of ten (10) working days prior to interviews being conducted may be extended based on extenuating circumstances acceptable to and by mutual written agreement of the parties. The parties further agree management shall not refuse an extension request of the FOP for reasons that are arbitrary, capricious or discriminatory. b. After a preliminary investigation of the complaint, if the Chief or his designee determine that the allegations are not sufficient to merit further investigation, they may waive any interview of the affected officer. c. Prior to an interview or special examination, the officer shall be informed whether the investigation or inquiry is criminal or administrative in nature. An officer may decline to answer questions in a criminal investigation but must participate in an administrative interview if required by supervisor. d. The officer under investigation shall be informed of the rank, name, and command of the officer in charge of the investigation, the interviewing officer and all persons present during the interrogation or interview. All questions directed to the officer during the interview shall be asked by and through one and only one person at a time. All parties in an investigatory interview or interrogation shall be permitted to record the proceedings. e. In accordance with the “Xxxxxxx Rule”, if the activities, circumstances, or events which pertain to the alleged conduct of acts(sor act(s) under investigation could reasonably be expected to subject the officer to criminal charges, the officer shall not be compelled to answer any questions or submit to any special examinations prior to the administration of the Xxxxxxx Admonition. Exercising the protections provided under Xxxxxxx shall not subject the officer to disciplinary action. f. All interviewing shall be limited in scope to the activities, circumstances, or events which pertain to the alleged conduct, act(s), or omission(s) which form the basis for or come to light during the investigation. g. Interviewing sessions shall be for reasonable periods and shall be timed to allow for such personal necessities and rest periods as are reasonably necessary. h. When investigation results in discipline against the Officer, the Officer, upon written request, may review the reports, transcripts, or other recordings of the proceedings upon which the discipline is based, and shall be given electronic or hard copies of the same.