Common use of Investigation of Misconduct Clause in Contracts

Investigation of Misconduct. A. An Employee may be initially questioned by a supervisor or management during or practically contemporaneous to an event in question without prior notice or representation when the purpose of such questioning is to review circumstances to determine if an investigation should be undertaken. B. An Employee who is alleged to have committed a minor violation relating to his/her performance may be questioned by their supervisor or management without prior notice or representation prior to oral counseling. Such counseling will not be an official reprimand of record. C. Management may conduct investigations of alleged misconduct by an Employee and require an Employee to submit written reports relative to investigation. 1. The report may be used by Management in taking action and in defending such action with respect to discharge or discipline of the Employee. 2. Failure by an Employee to complete the report may result in disciplinary action. 3. If any report shows or tends to show that the Employee submitting the report has committed a crime, the report may not be voluntarily made available by Management for use at any stage (grand jury or trial) in any criminal proceeding against the Employee. 4. An Employee who is under criminal investigation shall be informed that the investigation is criminal in nature, as opposed to administrative, and afforded the applicable Constitutional considerations guaranteed by law. D. In matters of discipline involving policy violations or infractions that would potentially result in discipline up to and including a written reprimand, all as determined by the Chief of Police, the Chief, prior to referring any preliminary report findings for a formal Internal Affairs investigation and with notice to the Lodge President or designee, may afford the Employee the opportunity to waive any formal investigation, fourteen (14) day notice of investigation status, pre-disciplinary hearing notice of formal charges, and a pre-disciplinary hearing. Should the Employee choose to exercise the waiver option, discipline as determined by the Chief will be administered as soon as practical. The Employee’s exercising of the waiver will constitute a final resolution of the matter, and the discipline administered (which may be no greater than a written reprimand) can be used for purposes of progressive discipline as outlined in this Agreement.

Investigation of Misconduct. A. An X. Xx Employee may be initially questioned by a supervisor or management during or practically contemporaneous to an event in question without prior notice or representation when the purpose of such questioning is to review circumstances to determine if an investigation should be undertaken. B. An Employee X. Xx Xxxxxxxx who is alleged to have committed a minor violation relating to his/her performance may be questioned by their supervisor or management without prior notice or representation prior to oral counseling. Such counseling will not be an official reprimand of record. C. Management may conduct investigations of alleged misconduct by an Employee and require an Employee to submit written reports relative to investigation. 1. The report may be used by Management in taking action and in defending such action with respect to discharge or discipline of the Employee. 2. Failure by an Employee to complete the report may result in disciplinary action. 3. If any report shows or tends to show that the Employee submitting the report has committed a crime, the report may not be voluntarily made available by Management for use at any stage (grand jury or trial) in any criminal proceeding against the Employee. 4. An Employee who is under criminal investigation shall be informed that the investigation is criminal in nature, as opposed to administrative, and afforded the applicable Constitutional considerations guaranteed by law. D. In matters of discipline involving policy violations or infractions that would potentially result in discipline up to and including a written reprimand, all as determined by the Chief of Police, the Chief, prior to referring any preliminary report findings for a formal Internal Affairs investigation and with notice to the Lodge President or designee, may afford the Employee the opportunity to waive any formal investigation, fourteen (14) day notice of investigation status, pre-disciplinary hearing notice of formal charges, and a pre-disciplinary hearing. Should the Employee choose to exercise the waiver option, discipline as determined by the Chief will be administered as soon as practical. The Employee’s exercising of the waiver will constitute a final resolution of the matter, and the discipline administered (which may be no greater than a written reprimand) can be used for purposes of progressive discipline as outlined in this Agreement.