Common use of Investigatory Interview Clause in Contracts

Investigatory Interview. When an investigator believes that reasonable cause to investigate further has been established, and the employee under investigation is to be interviewed under this section, the employee shall be afforded three (3) working days, unless an emergency exists, to contact and consult privately with union attorney and/or other union representative before being interviewed. The union attorney and/or union representative may attend the interview. For purpose of this section, working days shall be Monday through Friday, exclusive of holidays. In the event of an emergency a reasonable amount of time will be afforded. a. The interview of any employee under this section shall be conducted at a reasonable hour, and without unreasonable delay. It shall take place at a suitable location designated by the investigating officer and shall be at the appropriate agency headquarters when feasible. b. The employee being interviewed shall be informed of the identity of all persons present during the interview. c. If it is known that the employee being interviewed is a witness only, he/she shall be so informed. d. The investigation shall be conducted with the maximum amount of confidentiality possible. e. In situations where the conduct being investigated could result in a separate criminal investigation, the employee shall be advised in writing prior to his/her interview that s/he is required to answer questions in the personnel investigation or face disciplinary action up to and including discharge. The employee shall be further advised in writing that any statements made by the employee and any evidence obtained as a result of the statements made by the employee in the course of the personnel investigation may not be used against him/her in a court of law (Xxxxxxx notice). The employee will be given an opportunity to sign the Xxxxxxx notice. The employer shall record all such interviews, except as designated below, with the recordings made a part of the investigatory file. Neither the employee nor MSLEA will record the interview while it is being conducted. Once the investigation is closed and if the investigation results in proposed discipline, MSLEA will be given a copy of the recording of the interview with the employee under investigation along with the investigative report. The employer will not release copies of any other recordings made in the course of the investigation to MSLEA until such time as other evidence is released to MSLEA in the grievance process. The following interviews will not be recorded without express written permission of the interviewee(s): Interviews of State employees who are not in the Law Enforcement Services Bargaining Unit; Interviews of State employees who are in the Law Enforcement Services Bargaining Unit who are not members of MSLEA and who elect not to be represented by MSLEA in either the investigative process or the grievance process. In situations where an investigation is conducted pursuant to a collective bargaining agreement other than the agreement between the State and MSLEA and an MSLEA member is a witness in the investigation, the MSLEA member’s interview may be recorded upon request of the MSLEA member.

Investigatory Interview. When an investigator believes that reasonable cause to investigate further has been established, and the employee under investigation is to be interviewed under this section, the employee shall be afforded three (3) working days, unless an emergency exists, to contact and consult privately with union attorney and/or other union representative before being interviewed. The union attorney and/or union representative may attend the interview. For purpose of this section, working days shall be Monday through Friday, exclusive of holidays. In the event of an emergency a reasonable amount of time will be afforded. a. The interview of any employee under this section shall be conducted at a reasonable hour, and without unreasonable delay. It shall take place at a suitable location designated by the investigating officer and shall be at the appropriate agency headquarters when feasible. b. The employee being interviewed shall be informed of the identity of all persons present during the interview. c. If it is known that the employee being interviewed is a witness only, he/she shall be so informed. d. The investigation shall be conducted with the maximum amount of confidentiality possible. e. In situations where the conduct being investigated could result in a separate criminal investigation, the employee shall be advised in writing prior to his/her interview that s/he is required to answer questions in the personnel investigation or face disciplinary action up to and including discharge. The employee shall be further advised in writing that any statements made by the employee and any evidence obtained as a result of the statements made by the employee in the course of the personnel investigation may not be used against him/her in a court of law (Xxxxxxx notice). The employee will be given an opportunity to sign the Xxxxxxx notice. The employer shall record all such interviews, except as designated below, with the recordings made a part of the investigatory file. Neither the employee nor MSLEA will record the interview while it is being conducted. Once the investigation is closed and if the investigation results in proposed discipline, MSLEA will be given a copy of the recording of the interview with the employee under investigation along with the investigative report. The employer will not release copies of any other recordings made in the course of the investigation to MSLEA until such time as other evidence is released to MSLEA in the grievance process. The following interviews will not be recorded without express written permission of the interviewee(s): • Interviews of State employees who are not in the Law Enforcement Services Bargaining Unit; • Interviews of State employees who are in the Law Enforcement Services Bargaining Unit who are not members of MSLEA and who elect not to be represented by MSLEA in either the investigative process or the grievance process. In situations where an investigation is conducted pursuant to a collective bargaining agreement other than the agreement between the State and MSLEA and an MSLEA member is a witness in the investigation, the MSLEA member’s interview may be recorded upon request of the MSLEA member.

Investigatory Interview. When an investigator believes that reasonable cause to investigate further has been established, and the employee under investigation is to be interviewed under this section, the employee shall be afforded three (3) working days, unless an emergency exists, to contact and consult privately with union attorney and/or other union representative before being interviewed. The union attorney and/or union representative may attend the interview. For purpose of this section, working days shall be Monday through Friday, exclusive of holidays. In the event of an emergency a reasonable amount of time will be afforded. a. The interview of any employee under this section shall be conducted at a reasonable hour, and without unreasonable delay. It shall take place at a suitable location designated by the investigating officer and shall be at the appropriate agency headquarters when feasible. b. The employee being interviewed shall be informed of the identity of all persons present during the interview. c. If it is known that the employee being interviewed is a witness only, he/she shall be so informed. d. The investigation shall be conducted with the maximum amount of confidentiality possible. e. In situations where the conduct being investigated could result in a separate criminal investigation, the employee shall be advised in writing prior to his/her interview that s/he is required to answer questions in the personnel investigation or face disciplinary action up to and including discharge. The employee shall be further advised in writing that any statements made by the employee and any evidence obtained as a result of the statements made by the employee in the course of the personnel investigation may not be used against him/her in a court of law (Xxxxxxx notice). The employee will be given an opportunity to sign the Xxxxxxx notice. The employer shall record all such interviews, except as designated below, with the recordings made a part of the investigatory file. Neither the employee nor MSLEA will record the interview while it is being conducted. Once the investigation is closed and if the investigation results in proposed discipline, MSLEA will be given a copy of the recording of the interview with the employee under investigation along with the investigative report. The employer will not release copies of any other recordings made in the course of the investigation to MSLEA until such time as other evidence is released to MSLEA in the grievance process. The following interviews will not be recorded without express written permission of the interviewee(s):  Interviews of State employees who are not in the Law Enforcement Services Bargaining Unit;  Interviews of State employees who are in the Law Enforcement Services Bargaining Unit who are not members of MSLEA and who elect not to be represented by MSLEA in either the investigative process or the grievance process. In situations where an investigation is conducted pursuant to a collective bargaining agreement other than the agreement between the State and MSLEA and an MSLEA member is a witness in the investigation, the MSLEA member’s interview may be recorded upon request of the MSLEA member.

Investigatory Interview. If a personnel investigation is necessary, the employee will be given an opportunity to present all pertinent information supporting their actions or behavior. When an investigator believes that reasonable cause any employee is under investigation and may be subject to investigate further has been establisheddiscipline, and is subject to questioning, the employee interview shall be conducted under the following conditions. (a) Xxxxx to being interviewed in connection with an investigation is to be which could result in discipline for the interviewed under this sectionemployee, the employee shall be afforded three (3) working days, unless an emergency exists, apprised of the nature of the allegations of the prior to contact and consult privately with union attorney and/or other union representative before being interviewed. The union attorney and/or union representative may attend the interview. For purpose of this section, working days shall be Monday through Friday, exclusive of holidays. In the event of an emergency a reasonable amount of time will be affordedquestioning. a. (b) The interview of any employee under this section shall be conducted at a reasonable hour, and without unreasonable delay. It shall take place preferably at a suitable location designated by time when the investigating officer and employee is on duty, or during the normal waking hours, unless the seriousness of the investigation requires otherwise. (c) Unless a delay would jeopardize the investigation, or when possible criminal conduct is an issue, the employee shall be at the appropriate agency headquarters when feasiblegiven 72 hours advance notice prior to being interviewed. b. (d) The employee being interviewed under investigation shall be informed of the identity rank and name of the person conducting the investigation. During the interview, all persons present questions directed at the employee shall be asked by no more than two interviewers. (e) At the beginning of the interview, the subject employee shall be informed that failure to answer questions directly related to the investigation may result in disciplinary action. (f) All investigatory interviews shall be limited in scope to activities, circumstances, events, conduct, or acts which pertain to the subject investigation, unless during the interviewcourse of the investigatory interview new allegations emerge from the responses of the employee. In which case, the employee will be notified of the new allegation and the nature of the violation. c. If it is known that (g) All interviews pertaining to the employee being interviewed is a witness only, he/she shall be so informed. d. The investigation shall be conducted with the maximum amount of confidentiality possiblerecorded. e. In situations where the conduct being investigated could result in a separate criminal investigation(h) Upon notification of an investigation and interview, the employee shall be advised in writing prior to his/her interview that s/he is required to answer questions in have the personnel investigation or face disciplinary action up to and including discharge. The employee shall be further advised in writing that any statements made by the employee and any evidence obtained as a result of the statements made by the employee in the course of the personnel investigation may not be used against him/her in a court of law (Xxxxxxx notice). The employee will be given an opportunity to sign the Xxxxxxx notice. The employer shall record all such interviews, except as designated below, with the recordings made a part of the investigatory file. Neither the employee nor MSLEA will record the interview while it is being conducted. Once the investigation is closed and if the investigation results in proposed discipline, MSLEA will be given a copy of the recording of the interview with the employee under investigation along with the investigative report. The employer will not release copies of any other recordings made in the course of the investigation to MSLEA until such time as other evidence is released to MSLEA in the grievance process. The following interviews will not be recorded without express written permission of the interviewee(s): Interviews of State employees who are not in the Law Enforcement Services Bargaining Unit; Interviews of State employees who are in the Law Enforcement Services Bargaining Unit who are not members of MSLEA and who elect not right to be represented by MSLEA in either a representative of their choice who may be present at all times during the investigative process or interview. After the grievance process. In situations where an investigation is conducted pursuant to a collective bargaining agreement other than interviewer has completed questioning the agreement between the State and MSLEA and an MSLEA member is a witness in the investigationemployee, the MSLEA member’s representative may ask questions to clarify issues, elicit information, suggest additional witnesses to be interviewed or present additional relevant information. The representative shall not be required by the Employer to disclose any information regarding statements made to him or her by the employee under investigation. The parties’ intention is that this provision shall be interpreted and applied to extend the rights and procedures provided for by Oregon law. (i) If during the interview of an employee it is deemed that he or she may be recorded upon request charged with a criminal offense, he or she shall be immediately informed of the MSLEA memberhis or her constitutional rights.

Investigatory Interview. If a personnel investigation is necessary, the employee will be given an opportunity to present all pertinent information supporting their actions or behavior. When an investigator believes that reasonable cause any employee is under investigation and may be subject to investigate further has been establisheddiscipline, and is subject to questioning, the employee interview shall be conducted under the following conditions. (a) Prior to being interviewed in connection with an investigation is to be which could result in discipline for the interviewed under this sectionemployee, the employee shall be afforded three (3) working days, unless an emergency exists, apprised of the nature of the allegations of the prior to contact and consult privately with union attorney and/or other union representative before being interviewed. The union attorney and/or union representative may attend the interview. For purpose of this section, working days shall be Monday through Friday, exclusive of holidays. In the event of an emergency a reasonable amount of time will be affordedquestioning. a. (b) The interview of any employee under this section shall be conducted at a reasonable hour, and without unreasonable delay. It shall take place preferably at a suitable location designated by time when the investigating officer and employee is on duty, or during the normal waking hours, unless the seriousness of the investigation requires otherwise. (c) Unless a delay would jeopardize the investigation, or when possible criminal conduct is an issue, the employee shall be at the appropriate agency headquarters when feasiblegiven 72 hours advance notice prior to being interviewed. b. (d) The employee being interviewed under investigation shall be informed of the identity rank and name of the person conducting the investigation. During the interview, all persons present questions directed at the employee shall be asked by no more than two interviewers. (e) At the beginning of the interview, the subject employee shall be informed that failure to answer questions directly related to the investigation may result in disciplinary action. (f) All investigatory interviews shall be limited in scope to activities, circumstances, events, conduct, or acts which pertain to the subject investigation, unless during the interviewcourse of the investigatory interview new allegations emerge from the responses of the employee. In which case, the employee will be notified of the new allegation and the nature of the violation. c. If it is known that (g) All interviews pertaining to the employee being interviewed is a witness only, he/she shall be so informed. d. The investigation shall be conducted with the maximum amount of confidentiality possiblerecorded. e. In situations where the conduct being investigated could result in a separate criminal investigation(h) Upon notification of an investigation and interview, the employee shall be advised in writing prior to his/her interview that s/he is required to answer questions in have the personnel investigation or face disciplinary action up to and including discharge. The employee shall be further advised in writing that any statements made by the employee and any evidence obtained as a result of the statements made by the employee in the course of the personnel investigation may not be used against him/her in a court of law (Xxxxxxx notice). The employee will be given an opportunity to sign the Xxxxxxx notice. The employer shall record all such interviews, except as designated below, with the recordings made a part of the investigatory file. Neither the employee nor MSLEA will record the interview while it is being conducted. Once the investigation is closed and if the investigation results in proposed discipline, MSLEA will be given a copy of the recording of the interview with the employee under investigation along with the investigative report. The employer will not release copies of any other recordings made in the course of the investigation to MSLEA until such time as other evidence is released to MSLEA in the grievance process. The following interviews will not be recorded without express written permission of the interviewee(s): Interviews of State employees who are not in the Law Enforcement Services Bargaining Unit; Interviews of State employees who are in the Law Enforcement Services Bargaining Unit who are not members of MSLEA and who elect not right to be represented by MSLEA in either a representative of their choice who may be present at all times during the investigative process or interview. After the grievance process. In situations where an investigation is conducted pursuant to a collective bargaining agreement other than interviewer has completed questioning the agreement between the State and MSLEA and an MSLEA member is a witness in the investigationemployee, the MSLEA member’s representative may ask questions to clarify issues, elicit information, suggest additional witnesses to be interviewed or present additional relevant information. The representative shall not be required by the Employer to disclose any information regarding statements made to him or her by the employee under investigation. The parties’ intention is that this provision shall be interpreted and applied to extend the rights and procedures provided for by Oregon law. (i) If during the interview of an employee it is deemed that he or she may be recorded upon request charged with a criminal offense, he or she shall be immediately informed of the MSLEA memberhis or her constitutional rights.

Investigatory Interview. When an investigator believes that reasonable cause to investigate further has been established, and the employee under investigation is to be interviewed under this section, the employee shall be afforded three (3) working days, unless an emergency exists, to contact and consult privately with union attorney and/or other union representative before being interviewed. The union attorney and/or union representative may attend the interview. For purpose of this section, working days shall be Monday through Friday, exclusive of holidays. In the event of an emergency a reasonable amount of time will be afforded. a. The interview of any employee under this section shall be conducted at a reasonable hour, and without unreasonable delay. It shall take place at a suitable location designated by the investigating officer and shall be at the appropriate agency headquarters when feasible. b. The employee being interviewed shall be informed of the identity of all persons present during the interview. c. If it is known that the employee being interviewed is a witness only, he/she shall be so informed. d. The investigation shall be conducted with the maximum amount of confidentiality possible. e. In situations where the conduct being investigated could result in a separate criminal investigation, the employee shall be advised in writing prior to his/her interview that s/he is required to answer questions in the personnel investigation or face disciplinary action up to and including discharge. The employee shall be further advised in writing that any statements made by the employee and any evidence obtained as a result of the statements made by the employee in the course of the personnel investigation may not be used against him/her in a court of law (Xxxxxxx notice). The employee will be given an opportunity to sign the Xxxxxxx notice. The employer shall record all such interviews, except as designated below, with the recordings made a part of the investigatory file. Neither the employee nor MSLEA will record the interview while it is being conducted. Once the investigation is closed and if the investigation results in proposed discipline, MSLEA will be given a copy of the recording of the interview with the employee under investigation along with the investigative report. The employer will not release copies of any other recordings made in the course of the investigation to MSLEA until such time as other evidence is released to MSLEA in the grievance process. The following interviews will not be recorded without express written permission of the interviewee(s): Interviews of State employees who are not in the Law Enforcement Services Bargaining Unit; Interviews of State employees who are in the Law Enforcement Services Bargaining Unit who are not members of MSLEA and who elect not to be represented by MSLEA in either the investigative process or the grievance process. In situations where an investigation is conducted pursuant to a collective bargaining agreement other than the agreement between the State and MSLEA and an MSLEA member is a witness in the investigation, the MSLEA member’s interview may be recorded upon request of the MSLEA member.;

Investigatory Interview. When an investigator believes that reasonable cause to investigate further has been established, and the employee under investigation is to be interviewed under this section, the employee shall be afforded three (3) working days, unless an emergency exists, to contact and consult privately with union attorney and/or other union representative before being interviewed. The union attorney and/or union representative may attend the interview. For purpose of this section, working days shall be Monday through Friday, exclusive of holidays. In the event of an emergency a reasonable amount of time will be afforded. a. The interview of any employee under this section shall be conducted at a reasonable hour, and without unreasonable delay. It shall take place at a suitable location designated by the investigating officer and shall be at the appropriate agency headquarters when feasible.take b. The employee being interviewed shall be informed of the identity of all persons present during the interview. c. If it is known that the employee being interviewed is a witness only, he/she shall be so informed. d. The investigation shall be conducted with the maximum amount of confidentiality possible. e. In situations where the conduct being investigated could result in a separate criminal investigation, the employee shall be advised in writing prior to his/her interview that s/he is required to answer questions in the personnel investigation or face disciplinary action up to and including discharge. The employee shall be further advised in writing that any statements made by the employee and any evidence obtained as a result of the statements made by the employee in the course of the personnel investigation may not be used against him/her in a court of law (Xxxxxxx notice). The employee will be given an opportunity to sign the Xxxxxxx notice. The employer shall record all such interviews, except as designated below, with the recordings made a part of the investigatory file. Neither the employee nor MSLEA will record the interview while it is being conducted. Once the investigation is closed and if the investigation results in proposed discipline, MSLEA will be given a copy of the recording of the interview with the employee under investigation along with the investigative report. The employer will not release copies of any other recordings made in the course of the investigation to MSLEA until such time as other evidence is released to MSLEA in the grievance process. The following interviews will not be recorded without express written permission of the interviewee(s): • Interviews of State employees who are not in the Law Enforcement Services Bargaining Unit; • Interviews of State employees who are in the Law Enforcement Services Bargaining Unit who are not members of MSLEA and who elect not to be represented by MSLEA in either the investigative process or the grievance process. In situations where an investigation is conducted pursuant to a collective bargaining agreement other than the agreement between the State and MSLEA and an MSLEA member is a witness in the investigation, the MSLEA member’s interview may be recorded upon request of the MSLEA member.