Common use of Investigation of Employees Clause in Contracts

Investigation of Employees. Any unit employee who becomes the subject of an administrative investigation conducted by his/her agency shall be afforded, as a minimum, the following rights: a. The agency head or designee shall inform the subject employee in writing within ten (10) calendar days of the date the investigation commences that an investigation of that employee has commenced and the reason(s) for the investigation. b. The agency head or designee shall inform the subject employee bi-weekly or more often in writing or by email as to the status of the investigation and the probable date of completion. c. During the investigation, the status, schedule, and assignment of the subject employee shall remain unchanged unless the agency head or designee determines that, for good cause, the subject employee’s status, schedule, assignment, or other conditions of employment should be changed. In such a circumstance, every possible effort shall be made to keep the subject employee on the same shift and the same regular days off. d. If the investigation results in an exoneration of the subject employee, that employee shall be informed of that result in writing and all reports and documents pertaining to the investigation shall be sealed and stored separately from the employee’s personnel records and files. e. Any change undertaken pursuant to sub-section “c.” above shall be immediately and completely reversed if the investigation results in an exoneration of the subject employee. f. For the purposes of this provision, an investigation is defined as an inquiry into an allegation or allegations against a unit employee which, if founded, could possibly result in serious discipline including suspension without pay and dismissal. g. No unit employee shall suffer loss of state-paid benefits during a suspension with or without pay pending investigation.

Investigation of Employees. Any unit employee who becomes the subject of an administrative investigation conducted by his/her agency against whom a complaint is made from any source shall be afforded, as a minimum, the following rights: a. The agency head or designee shall inform In every case when the subject employee in writing within ten (10) calendar days of the date the investigation commences Employer determines that an investigation of that the facts or circumstances behind the complaint is to be undertaken, the employee has commenced and shall be so notified in writing within seven (7) workdays. Notification shall include the reason(s) and/or cause(s) for the investigation. b. The agency head or designee shall inform the subject employee bi-weekly or more often in writing or by email as to the status of the investigation and the probable date of completion. c. During All investigations shall be completed and the investigation, final report thereof shall be filed with the status, scheduleCommissioner within forty five (45) workdays. This deadline may only be extended by the Commissioner and then only for exceptional reasons. Notice of any extension shall be in writing to the employee before the expiration of the 45-day period, and assignment shall include all of the subject reasons for the extension and its duration. d. During any investigation the employee shall remain unchanged unless the agency head or designee determines that, for good cause, the subject employee’s retain his/her current status, schedule, assignment, and like rights unless the Commissioner determines that, for the good of the complainant or other conditions of employment the employee being investigated, the employee should be changedremoved from his/her current status, schedule, assignment, etc. In such a circumstance, every possible effort shall be made to keep the subject employee on the same shift and the same regular days off. d. If e. In all cases where the investigation results determines that the allegation(s) in an exoneration of the subject employeea complaint are unfounded, that employee shall be informed of that result in writing and all reports and documents pertaining to the investigation thereto shall be labeled as "UNFOUNDED" then sealed and stored separately by the Commissioner separate from the employee’s 's personnel records and files. e. f. Any change transfer or reassignment undertaken pursuant to sub-section “c.” "d" above shall be immediately and completely reversed if the investigation results in an exoneration of the subject employeeupon a determination that a complaint was unfounded. f. g. For the purposes of this provision, an investigation is defined as an inquiry into an allegation or allegations against a unit employee which, if founded, could possibly result in serious discipline including suspension without pay and dismissal. g. No h. In the event that a bargaining unit employee is suspended from duty pending completion of an investigation, all benefits as described with their Collective Bargaining Agreement shall suffer loss of state-paid remain in effect as provided below: 1. All persons suspended without pay shall maintain their medical and dental benefits during a the suspension. 2. All persons suspended with pay or placed on Administrative leave shall maintain their level of benefits as expressed within their Collective Bargaining Agreement. 3. If reinstated, seniority, eligibility for step increases and creditable service toward retirement shall be restored for the period of suspension with or without pay pending investigationpay. 4. In all cases any person suspended shall be afforded their due process under law, statute, policy, rules and/or procedures. i. The foregoing provisions will apply until the time that formal disciplinary action is taken.

Investigation of Employees. Any unit employee who becomes the subject of an administrative investigation conducted by his/her agency shall be afforded, as a minimum, the following rights: a. The agency head or designee shall inform the subject employee in writing within ten (10) calendar days of the date the investigation commences that an investigation of that employee has commenced and the reason(s) for the investigation. b. The agency head or designee shall inform the subject employee bi-weekly or more often in writing or by email as to the status of the investigation and the probable date of completion. c. During the investigation, the status, schedule, and assignment of the subject employee shall remain unchanged unless the agency head or designee determines that, for good cause, the subject employee’s status, schedule, assignment, or other conditions of employment should be changed. In such a circumstance, every possible effort shall be made to keep the subject employee on the same shift and the same regular days off. d. If the investigation results in an exoneration of the subject employee, that employee shall be informed of that result in writing and all reports and documents pertaining to the investigation shall be sealed and stored separately from the employee’s personnel records and files. e. Any change undertaken pursuant to sub-section “c.” above shall be immediately and completely reversed if the investigation results in an exoneration of the subject employee. f. For the purposes of this provision, an investigation is defined as an inquiry into an allegation or allegations against a unit employee which, if founded, could possibly result in serious discipline including suspension without pay and dismissal. g. No unit employee shall suffer loss of state-paid benefits during a suspension with or without pay pending investigation. 16.5.1. In recognition of questions regarding the timeliness and current practices associated with the initiation and completion of personnel investigations, the Parties agree to establish a Task Force composed of not more than four (4) persons to be appointed by the Association and four (4) persons appointed by the Employer. The purpose of the Task Force is to identify issues with existing practice, if any, and to recommend processes for implementing any proposed solutions collectively identified by the Parties. The Task Force shall have its first meeting no later than September 15, 2023 and, thereafter, shall meet as necessary per the agreement of the task force members. The task force shall produce a written report to be presented to the Employer and the Association no later than May 1, 2024, unless an extension is agreed upon within the members of the Task Force.

Investigation of Employees. Any unit employee who becomes the subject of an administrative investigation conducted by his/her agency the Department of Corrections shall be afforded, as a minimum, the following rights: a. The agency head or designee shall inform the subject employee in writing within ten (10) calendar days of the date the investigation commences that an investigation of that employee has commenced and the reason(s) for the investigation. b. The agency head or designee shall inform the subject employee bi-weekly or more often in writing or by email as to the status of the investigation and the probable date of completion. c. During the investigation, the status, schedule, and assignment of the subject employee shall remain unchanged unless the agency head or designee determines that, for good cause, the subject employee’s status, schedule, assignment, or other conditions of employment should be changed. In such a circumstance, every possible effort shall be made to keep the subject employee on the same shift and the same regular days off. d. If the investigation results in an exoneration of the subject employee, that employee shall be informed of that result in writing and all reports and documents pertaining to the investigation shall be sealed and stored separately from the employee’s personnel records and files. e. Any change undertaken pursuant to sub-section “c.” above shall be immediately and completely reversed if the investigation results in an exoneration of the subject employee. f. For the purposes of this provision, an investigation is defined as an inquiry into an allegation or allegations against a unit employee which, if founded, could possibly result in serious discipline including suspension without pay and dismissal. g. No unit employee shall suffer loss of state-paid benefits during a suspension with or without pay pending investigation.

Investigation of Employees. Any unit employee who becomes the subject of an administrative investigation conducted by his/her agency shall be afforded, as a minimum, the following rights: a. The agency head or designee shall inform the subject employee in writing within ten (10) calendar days of the date the investigation commences that an investigation of that employee has commenced and the reason(s) for the investigation. b. The agency head or designee shall inform the subject employee bi-weekly or more often in writing or by email as to the status of the investigation and the probable date of completion. c. During the investigation, the status, schedule, and assignment of the subject employee shall remain unchanged unless the agency head or designee determines that, for good cause, the subject employee’s employee‟s status, schedule, assignment, or other conditions of employment should be changed. In such a circumstance, every possible effort shall be made to keep the subject employee on the same shift and the same regular days off. d. If the investigation results in an exoneration of the subject employee, that employee shall be informed of that result in writing and all reports and documents pertaining to the investigation shall be sealed and stored separately from the employee’s employee‟s personnel records and files. e. Any change undertaken pursuant to sub-section “c.” above shall be immediately and completely reversed if the investigation results in an exoneration of the subject employee. f. For the purposes of this provision, an investigation is defined as an inquiry into an allegation or allegations against a unit employee which, if founded, could possibly result in serious discipline including suspension without pay and dismissal. g. No unit employee shall suffer loss of state-paid benefits during a suspension with or without pay pending investigation.

Investigation of Employees. Any unit employee who becomes the subject of an administrative investigation conducted by his/her agency against whom a complaint is made from any source shall be afforded, as a minimum, the following rights: a. The agency head or designee shall inform In every case when the subject employee in writing within ten (10) calendar days of the date the investigation commences Employer determines that an investigation of that the facts or circumstances behind the complaint is to be undertaken, the employee has commenced and shall be so notified in writing within fourteen (14) work days. Notification shall include the reason(s) and / or cause(s) for the investigation. b. The agency head or designee shall inform the subject employee bi-bi- weekly or more often in writing or by email as to the status of the investigation and the probable date of completion. c. During All investigations shall be completed and the investigation, final report thereof shall be filed with the status, scheduleCommissioner within forty-five (45) work days. This deadline may only extended by the Commissioner and then only for exceptional reasons. Notice of any extension shall be in writing to the employee before the expiration of the 45-day period, and assignment shall include all of the subject reasons for the extension and its duration. d. During any investigation the employee shall remain unchanged unless the agency head or designee determines that, for good cause, the subject employee’s retain his / her current status, schedule, assignment, and like rights unless the Commissioner determines that, for the good of the complainant or other conditions of employment the employee being investigated, the employee should be changedremoved from his / her current status, schedule, assignment, etc. In such a circumstance, every possible effort shall be made to keep the subject employee on the same shift and the same regular days off. d. If e. In all cases where the investigation results determines that the allegation(s) in an exoneration of the subject employeea complaint are unfounded, that employee shall be informed of that result in writing and all reports and documents pertaining to the investigation thereto shall be labeled as “UNFOUNDED” then sealed and stored separately by the Commissioner separate from the employee’s employee‟s personnel records and files. e. f. Any change transfer or reassignment undertaken pursuant to sub-section “c.d” above shall be immediately and completely reversed if the investigation results in an exoneration of the subject employeeupon a determination that a complaint was unfounded. f. g. For the purposes of this provision, an investigation is defined as an inquiry into an allegation or allegations against a unit employee which, if founded, could possibly result in serious discipline including suspension without pay and dismissal. g. No h. In the event that a bargaining unit employee is suspended from duty all benefits as described within this Agreement shall suffer loss of state-paid remain in effect as provided below: 1. All persons suspended without pay shall maintain their medical and dental benefits during a the suspension. 2. All persons suspended with pay or placed on Administrative leave shall maintain their medical and dental benefits. 3. If reinstated, seniority, eligibility for step increases and creditable service toward retirement shall be restored for the period of suspension with or without pay pending investigationpay. 4. In all cases any person suspended shall be afforded their due process under law, statute, policy, rules and/or procedures.

Investigation of Employees. Any unit employee who becomes the subject of an administrative investigation conducted by his/her agency against whom a complaint is made from any source shall be afforded, as a minimum, the following rights: a. The agency head or designee shall inform In every case when the subject employee in writing within ten (10) calendar days of the date the investigation commences Employer determines that an investigation of that the facts or circumstances behind the complaint is to be undertaken, the employee has commenced and shall be so notified in writing within fourteen (14) work days. Notification shall include the reason(s) and / or cause(s) for the investigation. b. The agency head or designee shall inform the subject employee bi-bi- weekly or more often in writing or by email as to the status of the investigation and the probable date of completion. c. During All investigations shall be completed and the investigation, final report thereof shall be filed with the status, scheduleCommissioner within forty-five (45) work days. This deadline may only extended by the Commissioner and then only for exceptional reasons. Notice of any extension shall be in writing to the employee before the expiration of the 45-day period, and assignment shall include all of the subject reasons for the extension and its duration. d. During any investigation the employee shall remain unchanged unless the agency head or designee determines that, for good cause, the subject employee’s retain his / her current status, schedule, assignment, and like rights unless the Commissioner determines that, for the good of the complainant or other conditions of employment the employee being investigated, the employee should be changedremoved from his / her current status, schedule, assignment, etc. In such a circumstance, every possible effort shall be made to keep the subject employee on the same shift and the same regular days off. d. If e. In all cases where the investigation results determines that the allegation(s) in an exoneration of the subject employeea complaint are unfounded, that employee shall be informed of that result in writing and all reports and documents pertaining to the investigation thereto shall be labeled as “UNFOUNDED” then sealed and stored separately by the Commissioner separate from the employee’s personnel records and files. e. f. Any change transfer or reassignment undertaken pursuant to sub-section “c.d” above shall be immediately and completely reversed if the investigation results in an exoneration of the subject employeeupon a determination that a complaint was unfounded. f. g. For the purposes of this provision, an investigation is defined as an inquiry into an allegation or allegations against a unit employee which, if founded, could possibly result in serious discipline including suspension without pay and dismissal. g. No h. In the event that a bargaining unit employee is suspended from duty all benefits as described within this Agreement shall suffer loss of state-paid remain in effect as provided below: 1. All persons suspended without pay shall maintain their medical and dental benefits during a the suspension. 2. All persons suspended with pay or placed on Administrative leave shall maintain their medical and dental benefits. 3. If reinstated, seniority, eligibility for step increases and creditable service toward retirement shall be restored for the period of suspension with or without pay pending investigationpay. 4. In all cases any person suspended shall be afforded their due process under law, statute, policy, rules and/or procedures.

Investigation of Employees. Any unit employee who becomes the subject of an administrative investigation conducted by his/her agency against whom a complaint is made from any source shall be afforded, as a minimum, the following rights: a. The agency head or designee shall inform In every case when the subject employee in writing within ten (10) calendar days of the date the investigation commences Employer determines that an investigation of that the facts or circumstances behind the complaint is to be undertaken, the employee has commenced and shall be so notified in writing within seven (7) workdays. Notification shall include the reason(s) and/or cause(s) for the investigation. b. The agency head or designee shall inform the subject employee bi-weekly or more often in writing or by email as to the status of the investigation and the probable date of completion. c. During All investigations shall be completed and the investigation, final report thereof shall be filed with the status, scheduleCommissioner within forty five (45) workdays. This deadline may only be extended by the Commissioner and then only for exceptional reasons. Notice of any extension shall be in writing to the employee before the expiration of the 45- day period, and assignment shall include all of the subject reasons for the extension and its duration. d. During any investigation the employee shall remain unchanged unless the agency head or designee determines that, for good cause, the subject employee’s retain his/her current status, schedule, assignment, and like rights unless the Commissioner determines that, for the good of the complainant or other conditions of employment the employee being investigated, the employee should be changedremoved from his/her current status, schedule, assignment, etc. In such a circumstance, every possible effort shall be made to keep the subject employee on the same shift and the same regular days off. d. If e. In all cases where the investigation results determines that the allegation(s) in an exoneration of the subject employeea complaint are unfounded, that employee shall be informed of that result in writing and all reports and documents pertaining to the investigation thereto shall be labeled as "UNFOUNDED" then sealed and stored separately by the Commissioner separate from the employee’s 's personnel records and files. e. f. Any change transfer or reassignment undertaken pursuant to sub-section “c.” "d" above shall be immediately and completely reversed if the investigation results in an exoneration of the subject employeeupon a determination that a complaint was unfounded. f. g. For the purposes of this provision, an investigation is defined as an inquiry into an allegation or allegations against a unit employee which, if founded, could possibly result in serious discipline including suspension without pay and dismissal. g. No h. In the event that a bargaining unit employee is suspended from duty pending completion of an investigation, all benefits as described with their Collective Bargaining Agreement shall suffer loss of state-paid remain in effect as provided below: 1. All persons suspended without pay shall maintain their medical and dental benefits during a the suspension. 2. All persons suspended with pay or placed on Administrative leave shall maintain their level of benefits as expressed within their Collective Bargaining Agreement. 3. If reinstated, seniority, eligibility for step increases and creditable service toward retirement shall be restored for the period of suspension with or without pay pending investigationpay. 4. In all cases any person suspended shall be afforded their due process under law, statute, policy, rules and/or procedures. i. The foregoing provisions will apply until the time that formal disciplinary action is taken.

Investigation of Employees. Any unit employee who becomes the subject of an administrative investigation conducted by his/her agency shall be afforded, as a minimum, the following rights: a. The agency head or designee shall inform the subject employee in writing within ten (10) calendar days of the date the investigation commences that an investigation of that employee has commenced and the reason(s) for the investigation. b. The agency head or designee shall inform the subject employee bi-weekly or more often in writing or by email as to the status of the investigation and the probable date of completionofcompletion. c. During the investigation, the status, schedule, and assignment of the subject employee shall remain unchanged unless the agency head or designee determines that, for good cause, the subject employee’s status, schedule, assignment, or other conditions of employment should be changed. In such a circumstance, every possible effort shall be made to keep the subject employee on the same shift and the same regular days off. d. If the investigation results in an a exoneration of the subject employee, that employee shall be informed of that result in writing and all reports and documents pertaining to the investigation shall be sealed and stored separately from the employee’s personnel records and files. e. Any change undertaken pursuant to sub-section “c.c” above shall be immediately and completely reversed if the investigation results in an exoneration of the subject employee. f. For the purposes of this provision, an investigation is defined as an inquiry into an allegation or allegations against a unit employee which, if in founded, could possibly result in serious discipline including suspension without pay and dismissal. g. No unit employee shall suffer loss of state-paid benefits during a suspension with or without pay pending investigation.

Investigation of Employees. Any unit employee who becomes the subject of an administrative investigation conducted by his/her agency against whom a complaint is made from any source shall be afforded, as a minimum, the following rights: a. The agency head or designee shall inform In every case when the subject employee in writing within ten (10) calendar days of the date the investigation commences Employer determines that an investigation of that the facts or circumstances behind the complaint is to be undertaken, the employee has commenced and shall be so notified in writing within seven (7) work days. Notification shall include the reason(s) and / or cause(s) for the investigation. b. The agency head or designee shall inform the subject employee bi-bi- weekly or more often in writing or by email as to the status of the investigation and the probable date of completion. c. During All investigations shall be completed and the investigation, final report thereof shall be filed with the status, scheduleCommissioner within forty-five (45) work days. This deadline may only extended by the Commissioner and then only for exceptional reasons. Notice of any extension shall be in writing to the employee before the expiration of the 45-day period, and assignment shall include all of the subject reasons for the extension and its duration. d. During any investigation the employee shall remain unchanged unless the agency head or designee determines that, for good cause, the subject employee’s retain his / her current status, schedule, assignment, and like rights unless the Commissioner determines that, for the good of the complainant or other conditions of employment the employee being investigated, the employee should be changedremoved from his / her current status, schedule, assignment, etc. In such a circumstance, every possible effort shall be made to keep the subject employee on the same shift and the same regular days off. d. If e. In all cases where the investigation results determines that the allegation(s) in an exoneration of the subject employeea complaint are unfounded, that employee shall be informed of that result in writing and all reports and documents pertaining to the investigation thereto shall be labeled as “UNFOUNDED” then sealed and stored separately by the Commissioner separate from the employee’s personnel records and files. e. f. Any change transfer or reassignment undertaken pursuant to sub-section “c.d” above shall be immediately and completely reversed if the investigation results in an exoneration of the subject employeeupon a determination that a complaint was unfounded. f. g. For the purposes of this provision, an investigation is defined as an inquiry into an allegation or allegations against a unit employee which, if founded, could possibly result in serious discipline including suspension without pay and dismissal. g. No h. In the event that a bargaining unit employee is suspended from duty all benefits as described within this Agreement shall suffer loss of state-paid remain in effect as provided below: 1. All persons suspended without pay shall maintain their medical and dental benefits during a the suspension. 2. All persons suspended with pay or placed on Administrative leave shall maintain their medical and dental benefits. 3. If reinstated, seniority, eligibility for step increases and creditable service toward retirement shall be restored for the period of suspension with or without pay pending investigationpay. 4. In all cases any person suspended shall be afforded their due process under law, statute, policy, rules and/or procedures.