Common use of Investigative Interviews Clause in Contracts

Investigative Interviews. A. Whenever any employee is questioned or interrogated by management or any other member designated by the employing department or licensing or certifying agency concerning any matter, which could lead to punitive action, the employee may request that a representative of his/her choice be present during the questioning or interrogation session. B. In the event the employee exercises such right, no questioning or interrogation shall proceed until such time as the representative is made available to attend such session. C. An employee suspected of criminal misconduct shall be provided with a written formal grant of immunity from criminal prosecution before the employee may be compelled to respond to incriminating questions in an interrogation. Subject to that grant of immunity, a firefighter refusing to respond to questions or submit to interrogations shall be informed that the failure to answer questions directly related to the investigation or interrogation may result in punitive action. D. For the purpose of this agreement, employees assigned the duties of Arson Investigation shall be deemed Peace Officers, and this agreement will neither diminish nor enhance rights granted under California Government Code 3300, if any exist. E. OCFA may have up to two (2) management representatives in attendance at any investigative interview. F. In addition to the employee represented, Local 3631 may have up to two (2) representatives in attendance (unless the employee represented is also a union representative, in which case two (2) other union representatives and a total of three (3) management representatives may attend). G. Each party shall designate one (1) lead representative unless otherwise agreed to. X. In extraordinary circumstances it may be desirable for either or both parties to have more than two (2) representatives. In such cases, additional representatives may attend upon mutual agreement. I. OCFA shall be responsible for release time for the employee represented and up to one (1) representative. J. OCFA retains discretion to backfill positions associated with such release time and shall be responsible therefore. K. The presence of attorneys for either party shall not count against the limitations herein.

Investigative Interviews. A. Whenever any employee is questioned or interrogated by management or any other member designated by the employing department or licensing or certifying agency concerning any matter, which could lead to punitive action, the employee may request that a representative of his/her their choice be present during the questioning or interrogation session. B. In the event the employee exercises such right, no questioning or interrogation shall proceed until such time as the representative is made available to attend such session. C. An employee suspected of criminal misconduct shall be provided with a written formal grant of immunity from criminal prosecution before the employee may be compelled to respond to incriminating questions in an interrogation. Subject to that grant of immunity, a firefighter refusing to respond to questions or submit to interrogations shall be informed that the failure to answer questions directly related to the investigation or interrogation may result in punitive action. D. For the purpose of this agreement, employees assigned the duties of Arson Investigation shall be deemed Peace Officers, and this agreement will neither diminish nor enhance rights granted under California Government Code 3300, if any exist. E. OCFA may have up to two (2) management representatives in attendance at any investigative interview. F. In addition to the employee represented, Local 3631 may have up to two (2) representatives in attendance (unless the employee represented is also a union representative, in which case two (2) other union representatives and a total of three (3) management representatives may attend). G. Each party shall designate one (1) lead representative unless otherwise agreed to. X. In extraordinary circumstances it may be desirable for either or both parties to have more than two (2) representatives. In such cases, additional representatives may attend upon mutual agreement. I. OCFA shall be responsible for release time for the employee represented and up to one (1) representative. J. OCFA retains discretion to backfill positions associated with such release time and shall be responsible therefore. K. The presence of attorneys for either party shall not count against the limitations herein.

Investigative Interviews. A. Whenever any employee is questioned or interrogated by management or any other member designated by the employing department or licensing or certifying agency concerning any matter, which could lead to punitive action, the employee may request that a representative of his/her hertheir choice be present during the questioning or interrogation session. B. In the event the employee exercises such right, no questioning or interrogation shall proceed until such time as the representative is made available to attend such session. C. An employee suspected of criminal misconduct shall be provided with a written formal grant of immunity from criminal prosecution before the employee may be compelled to respond to incriminating questions in an interrogation. Subject to that grant of immunity, a firefighter refusing to respond to questions or submit to interrogations shall be informed that the failure to answer questions directly related to the investigation or interrogation may result in punitive action. D. For the purpose of this agreement, employees assigned the duties of Arson Investigation shall be deemed Peace Officers, and this agreement will neither diminish nor enhance rights granted under California Government Code 3300, if any exist. E. OCFA may have up to two (2) management representatives in attendance at any investigative interview. F. In addition to the employee represented, Local 3631 may have up to two (2) representatives in attendance (unless the employee represented is also a union representative, in which case two (2) other union representatives and a total of three (3) management representatives may attend). G. Each party shall designate one (1) lead representative unless otherwise agreed to. X. In extraordinary circumstances it may be desirable for either or both parties to have more than two (2) representatives. In such cases, additional representatives may attend upon mutual agreement. I. OCFA shall be responsible for release time for the employee represented and up to one (1) representative. J. OCFA retains discretion to backfill positions associated with such release time and shall be responsible therefore. K. The presence of attorneys for either party shall not count against the limitations herein.