Common use of Investigatory Procedures Clause in Contracts

Investigatory Procedures. Whenever an employee is under investigation and subject to interview by the Department for any reason which could lead to disciplinary action, which shall include but not be limited to; written reprimand, forfeiture of accrued time off, suspension, demotion or dismissal, the investigation and interview shall be conducted in accordance with the following: 1. The interview shall be conducted at a reasonable hour, preferably at a time when the employee is on duty unless the seriousness of the investigation is of such a degree that an immediate interview is required. 2. The interview shall take place at Police Headquarters or at some other location having a reasonable relationship to the incident being investigated. 3. The employee under investigation shall be informed of the name and rank of the supervisor in charge of the investigation and of all persons present during the interview. 4. The employee shall be informed of the nature of the investigation, in writing and prior to any interview. Sufficient information will be provided for the employee to be reasonably appraised of the allegations involved. If the investigation is based on a formal written complaint filed with the Department, the employee shall be provided with a copy of said complaint within a reasonable period of time prior to any interview of the employee. 5. Interviews shall be for reasonable periods and shall be timed to allow for such personal necessities and rest periods as are reasonably necessary. 6. Questions shall be asked one at a time and the employee will not be threatened with transfer, dismissal or disciplinary action. This shall not be construed to prohibit advising the employee that refusal to answer proper questions, as specified in paragraph (A) (7) of this Article, may subject the employee to additional charges and discipline. 7. All employees are obliged to cooperate in an investigation and are required to answer any questions concerning their conduct as it relates to their employment except any questions which violate their constitutional rights. 8. At the request of the employee under investigation, the employee shall be given an opportunity to consult with counsel and/or a representative of the Association prior to any interview. At the request of the employee, said counsel and/or Association Executive Board representative may be present during the interview. 9. All employees shall have the right to review the contents of their files maintained by the Police Department and the Town on reasonable notice. No material of an adverse nature shall be placed in said files without the employee being provided with a copy of such material. Copies of any disciplinary actions shall likewise be copied to the Association. 10. Performance Improvement Notices are not considered discipline; they are part of a corrective action plan designed to improve employee behavior. The behavioral deficiency indicated in the Performance Improvement Notice will be mentioned in the employee’s Annual Performance Evaluation. A Performance Improvement Notice is not grievable pursuant to Article XXIII of the collective bargaining agreement. An employee receiving a Performance Improvement Notice who disputes its merits may appeal it to the Chief of Police; the Chief’s decision shall be final. 11. Performance Improvement Notices and other non-disciplinary material of an adverse nature, will remain in the employee’s Police Department Personnel File for a period of twenty-four (24) months from date of issue after which time it shall be removed from said file and placed in the Department’s Historic File for, at minimum, an additional thirty-six (36) months, after which period, upon written request from the employee to the Chief of Police, the Department shall submit an application to the appropriate Connecticut State authority to have the material destroyed pursuant to the laws of the State of Connecticut. The Chief of Police shall notify the employee of the response received from the appropriate Connecticut State authority as to the disposition of the application. 12. Written Reprimands will remain in an employee’s Police Department Personnel File for a period of thirty-six (36) months from date of issue after which time it shall be removed from said file and placed in the Department’s Historic File. for, at minimum, an additional twenty-four (24) months, after which period upon written request from the employee to the Chief of Police, the Department shall submit an application to the appropriate Connecticut State authority to have the material destroyed pursuant to the laws of the State of Connecticut. The Chief of Police shall notify the employee of the response received from the appropriate Connecticut State authority as to the disposition of the application. 13. Material contained in the Department’s Historic File, including Performance Improvement Notices, non-disciplinary material and Written Reprimands shall not be used for purposes of progressive discipline or during promotional evaluations. 14. In the event that an employee, or the Association, files a written complaint with the Chief of Police, or other designated authority, the Department shall conduct an appropriate investigation of the complaint and advise the employee, or Association, in writing of the outcome of the investigation. The investigation of such complaints are to be completed as expeditiously as possible and are intended to be completed within thirty (30) days from the receipt of the complaint. In instances when the investigation of the complaint will exceed thirty (30) days, the Chief of Police will notify the employee or Association that the investigation will not be completed within such time frame and provide an expected time frame for the completion of the investigation. The Chief of Police or designee, shall provide the employee or the Association with a written notice of the outcome of the investigation upon its completion.

Investigatory Procedures. Whenever 25 When an employee is under investigation and subject to interview by the Department for any reason which County and subjected to an 26 interview concerning an act which, if proven, could reasonably lead to disciplinary action, which shall include but not be limited to; written reprimand, forfeiture a loss of accrued time off, suspension, demotion pay or 27 dismissal, the investigation and interview employee shall be conducted in accordance with afforded the followingfollowing safeguards: 1. 28 A. The employee and the Federation will be informed that a formal 29 investigation is commencing, unless the employee is under investigation for violation 30 of the Controlled Substance Act, or violations which are punishable as felonies or 1 misdemeanors under law, or if doing so would jeopardize either the criminal or 2 administrative investigation. 3 B. Any interview of an employee shall be conducted at a reasonable hour, preferably at a time occur when the employee is on duty duty, 4 unless the County reasonably believes that the seriousness of the investigation is 5 dictates otherwise. If such interview does occur during the employee’s off-duty time, 6 the employee shall be compensated for such off-duty time in accordance with the 7 provisions of such a degree that an immediate interview is requiredthis Agreement. 2. The interview 8 C. All interviews shall take place at Police Headquarters Department facilities, or at some other location having a reasonable relationship elsewhere if 9 mutually agreed, unless an emergency exists which requires the interview to the incident being investigatedbe 10 conducted elsewhere. 3. The 11 D. Unless release of such information would otherwise compromise the 12 investigation, the employee under investigation shall be informed informed, in writing, at least 13 forty-eight (48) hours prior to the commencement of the name and rank of the supervisor in charge of the investigation and of all persons present interview that he/she has a 14 right to have Federation representation during the interview. 4. The employee shall be informed , the names of the nature of the investigation, in writing 15 interviewer and prior all other persons to any interview. Sufficient information will be provided for the employee to be reasonably appraised of the allegations involved. If the investigation is based on a formal written complaint filed with the Department, the employee shall be provided with a copy of said complaint within a reasonable period of time prior to any interview of the employee. 5. Interviews shall be for reasonable periods and shall be timed to allow for such personal necessities and rest periods as are reasonably necessary. 6. Questions shall be asked one at a time and the employee will not be threatened with transfer, dismissal or disciplinary action. This shall not be construed to prohibit advising the employee that refusal to answer proper questions, as specified in paragraph (A) (7) of this Article, may subject the employee to additional charges and discipline. 7. All employees are obliged to cooperate in an investigation and are required to answer any questions concerning their conduct as it relates to their employment except any questions which violate their constitutional rights. 8. At the request of the employee under investigation, the employee shall be given an opportunity to consult with counsel and/or a representative of the Association prior to any interview. At the request of the employee, said counsel and/or Association Executive Board representative may be present during the interview. 9. All employees shall have the right to review the contents of their files maintained by the Police Department , and the Town on reasonable noticespecific 16 allegations which form the basis for the investigation and provided information 17 necessary to reasonably apprise him/her of the facts upon which the allegations are 18 based. No material If the employee opts for Federation representation, the Federation 19 representative shall not be a subject of an adverse nature shall be placed in said files without the same investigation as the employee being provided with 20 interviewed. 21 E. The employee’s right to have a Federation representative present at the 22 interview shall not unreasonably delay the conducting of the interview. 23 F. Interviews shall be limited in scope to activities, circumstances, events, 24 conduct or acts which pertain to the incident or incidents which are the subject of the 25 investigation. Nothing in this section shall prohibit the County from questioning the 26 employee about information which is developed in the course of the interview. 27 G. No promise or reward shall be made as an inducement to answering any 28 question. The employee may not be subject to intimidation or abusive language in the 29 course of the interview. 30 H. The interview session shall be for a reasonable period taking into 31 consideration the gravity and complexity of the issue being investigated. The employee 1 shall be entitled to such reasonable intermissions as may be required for personal 2 necessities. 3 I. The County may record, either by tape or digitally, the interview. A copy of 4 the complete interview shall be furnished by the County to the employee and/or the 5 Federation upon request. If the County elects to have a stenographic record made of 6 the interview, a copy of such material. Copies of any disciplinary actions shall likewise will be copied provided to the Association. 10. Performance Improvement Notices are not considered discipline; they are part of a corrective action plan designed to improve employee behavior. The behavioral deficiency indicated in and/or the Performance Improvement Notice will be mentioned in the employee’s Annual Performance Evaluation. A Performance Improvement Notice is not grievable pursuant to Article XXIII of the collective bargaining agreement. An employee receiving a Performance Improvement Notice who disputes its merits may appeal it to the Chief of Police; the Chief’s decision shall be final. 11. Performance Improvement Notices and other non-disciplinary material of an adverse nature, will remain in the employee’s Police Department Personnel File for a period of twenty-four (24) months from date of issue after which time it shall be removed from said file and placed in the Department’s Historic File for, at minimum, an additional thirty-six (36) months, after which period, upon written request from the employee to the Chief of Police, the Department shall submit an application to the appropriate Connecticut State authority to have the material destroyed pursuant to the laws of the State of Connecticut. The Chief of Police shall notify the employee of the response received from the appropriate Connecticut State authority as to the disposition of the application. 12. Written Reprimands will remain in an employee’s Police Department Personnel File for a period of thirty-six (36) months from date of issue after which time it shall be removed from said file and placed in the Department’s Historic File. for, at minimum, an additional twenty-four (24) months, after which period upon written request from the employee to the Chief of Police, the Department shall submit an application to the appropriate Connecticut State authority to have the material destroyed pursuant to the laws of the State of Connecticut. The Chief of Police shall notify the employee of the response received from the appropriate Connecticut State authority as to the disposition of the application. 13. Material contained in the Department’s Historic File, including Performance Improvement Notices, non-disciplinary material and Written Reprimands shall not be used for purposes of progressive discipline or during promotional evaluations. 14. In the event that an employee, or the Association, files a written complaint with the Chief of Police, or other designated authority, the Department shall conduct an appropriate investigation of the complaint and advise the employee, or Association, in writing of the outcome of the investigation. The investigation of such complaints are to be completed as expeditiously as possible and are intended to be completed within thirty (30) days from the receipt of the complaint. In instances when the investigation of the complaint will exceed thirty (30) days, the Chief of Police will notify the employee or Association that the investigation will not be completed within such time frame and provide an expected time frame for the completion of the investigation. The Chief of Police or designee, shall provide the employee or the Association with a written notice of the outcome of the investigation upon its completion.Federation upon

Investigatory Procedures. Whenever (a) Employees under investigation shall be afforded the right to an Association representative prior to any discipline being administered or at any time during an investigation process if the employee should request such representation. In the event that an employee requests such representation, that request shall not be allowed to delay the investigation. Up to twenty-four (24) hours generally will not be considered a delay. It is understood that the City will not incur overtime based on an employee’s request for a delay in an investigation in order to obtain an Association representative. (b) Employees may be interviewed concerning any acts related to the scope of their employment. They will be required to answer any questions involving matters under investigation and subject will be afforded all rights and privileges to which the employee is entitled under the laws of the State or the United States, including rights under Xxxxxxx. In a compelled interview by the Department solely for any reason which could noncriminal purposes, an employee who refuses to respond to questions or to be interviewed must be informed that refusal may lead to disciplinary action. In an investigatory interview, which shall include but employees will not be limited to; written reprimandsubjected to offensive language (unless part of testimony or evidence) nor threatened with punitive action, forfeiture absent notice of accrued time offpotential discipline or Xxxxxxx. (c) The City shall make a reasonable good faith effort to conduct these interviews during the employee's regular working hours, suspension, demotion or dismissal, the investigation and interview shall except for emergencies when interviews can be conducted in accordance with the following: 1. The interview shall be conducted at a reasonable hour, preferably at a time when the employee is on duty unless the seriousness of the investigation is of such a degree that an immediate interview is requiredby telephone or virtually. 2. The interview shall take place at Police Headquarters or at some other location having a reasonable relationship to the incident being investigated. 3. (d) The employee under investigation shall be informed of and the name and rank of the supervisor in charge of the investigation and of all persons present during the interview. 4. The employee shall Association President will be informed of the nature of the investigation, investigation and the allegations as well as the nature of the actions which might be taken by the City if said allegations are proven. (e) The Association will be notified in writing and prior anytime an employee receives written notification of a future meeting to any discuss matters for which the employee is under investigation that may lead to discipline or anytime potential discipline may exceed a written reprimand. (f) All interviews shall be limited in scope to activities, circumstances, events, conduct, or acts which pertain to the incident which is the subject of the investigation. Nothing in this section shall prohibit the City from questioning the employee about information which is developed during the course of the interview. Sufficient information No more than two interviewers at a time will be provided for the employee to be reasonably appraised of the allegations involved. If the investigation is based on a formal written complaint filed with the Department, the employee shall be provided with a copy of said complaint within a reasonable period of time prior to any interview of question the employee. 5. Interviews shall be for reasonable periods and shall be timed to allow for such personal necessities and rest periods as are reasonably necessary. 6. Questions shall be asked one at (g) In a time and the employee will not be threatened with transfer, dismissal disciplinary or disciplinary action. This shall not be construed to prohibit advising the employee that refusal to answer proper questions, as specified in paragraph (A) (7) of this Article, may subject the employee to additional charges and discipline. 7. All employees are obliged to cooperate in an investigation and are required to answer any questions concerning their conduct as it relates to their employment except any questions which violate their constitutional rights. 8. At the request of the employee under administrative investigation, the employee shall employee's Association representative, acting in such capacity, may not be given an opportunity required to consult with counsel and/or a representative of the Association prior disclose, or be subject to any interview. At the request of the employee, said counsel and/or Association Executive Board representative may be present during the interview. 9. All employees shall have the right disciplinary action for refusing to review the contents of their files maintained disclose statements made by the Police Department and the Town on reasonable notice. No material of an adverse nature shall be placed in said files without the employee being provided with a copy of such material. Copies of any disciplinary actions shall likewise be copied to the Association. 10. Performance Improvement Notices are not considered discipline; they are part of a corrective action plan designed to improve employee behavior. The behavioral deficiency indicated in the Performance Improvement Notice will be mentioned in the employee’s Annual Performance Evaluation. A Performance Improvement Notice is not grievable pursuant to Article XXIII of the collective bargaining agreement. An employee receiving a Performance Improvement Notice who disputes its merits may appeal it to the Chief of Police; the Chief’s decision shall be final. 11. Performance Improvement Notices and other non-disciplinary material of an adverse nature, will remain in the employee’s Police Department Personnel File for a period of twenty-four (24) months from date of issue after which time it shall be removed from said file and placed in the Department’s Historic File for, at minimum, an additional thirty-six (36) months, after which period, upon written request from the employee to the Chief representative for the purposes of Policerepresentation. (h) All investigatory interviews will be audio recorded by the City, and a timely copy of the audio recorded, or transcription if transcribed, will be provided to the Association or employee upon request. The Association or employee are not precluded from audio recording subject to providing appropriate notice. (i) Prior to any subsequent investigatory interview, the Department shall submit employee will be provided a copy of any audio recording, written statement or report describing the officer's statement from a prior investigatory interview in the course of the same investigation. (j) During the investigatory interview, as soon as it is determined that an application employee may be charged with a criminal offense, the employee will be informed of the employee's right to consult with a criminal defense attorney with respect to the appropriate Connecticut State authority to have the material destroyed pursuant to the laws criminal charge. This does not prevent continuation of the State of Connecticut. The Chief of Police shall notify the employee of the response received from the appropriate Connecticut State authority as to the disposition of the applicationany administrative investigatory interview if a Xxxxxxx warning was already provided. 12. Written Reprimands will remain in (k) The City shall make a good faith effort to complete an employee’s Police Department Personnel File for a period of thirty-six (36) months from date of issue after which time it shall be removed from said file and placed in the Department’s Historic File. for, at minimum, an additional twenty-four (24) months, after which period upon written request from the employee to the Chief of Police, the Department shall submit an application to the appropriate Connecticut State authority to have the material destroyed pursuant to the laws of the State of Connecticut. The Chief of Police shall notify the employee of the response received from the appropriate Connecticut State authority as to the disposition of the application. 13. Material contained in the Department’s Historic File, including Performance Improvement Notices, non-disciplinary material and Written Reprimands shall not be used for purposes of progressive discipline or during promotional evaluations. 14. In the event that an employee, or the Association, files a written complaint with the Chief of Police, or other designated authority, the Department shall conduct an appropriate internal investigation of the complaint and advise the employee, or Association, in writing of the outcome of the investigation. The investigation of such complaints are to be completed as expeditiously as possible and are intended to be completed within thirty (30) days from days. If the receipt of City cannot complete the complaint. In instances when internal investigation within the investigation of the complaint will exceed thirty thirty-day (30) daysperiod, the Chief of Police City will notify the employee or Association that the investigation will not be completed within such time frame and provide an expected time frame for the completion of the investigation. The Chief of Police or designee, shall provide the employee or the Association with a written notice of the outcome of the investigation upon its completionAssociation.