Common use of Member Rights Clause in Contracts

Member Rights. (A) This article shall apply to any investigation conducted by someone other than the member’s immediate supervisor or as directed by the Chief of Police. The article shall not govern matters of supervisory-initiated discipline below the level of a written reprimand, counseling, or inquiry, but the supervisor shall follow the Division of Police prescribed procedures and applicable laws. Whenever an investigation may lead to criminal charges or formal disciplinary action against a bargaining unit member in the form of a written reprimand, suspension or dismissal, that particular bargaining unit member shall be allowed reasonable time to contact the Lodge Representative and/or attorney prior to any interview, and to have the Lodge Representative present during all interview sessions. A bargaining unit member suspected of having committed a criminal offense shall be assured the same rights as any other citizen regarding police inquiry. (B) At least twenty-four (24) hours prior to questioning in an investigation that may lead to formal disciplinary action as described in Section 1(A) of this article, the bargaining unit member under investigation shall be provided with written notice by the Chief of Police or designee of the nature of the investigation and the time of their interview. After the exhaustion of the 80 working hours set forth in Article 11.1, the Chief of Police may temporarily reassign a bargaining unit member who is the subject of an investigation for a period of time not to exceed an additional sixty (60) days. (C) When a member is to be interviewed as a witness in an investigation of any other member, the member to be interviewed shall be fairly apprised prior to the beginning of questioning of the circumstances giving rise to the interview. (1) If during the interview of the witness, the investigator has reason to believe the witness has become a focus of the investigation or has provided information which would cause the witness to become a focus of another investigation for which it would be reasonable for the investigator or the witness to believe that either formal discipline or criminal charges may result, the investigator shall immediately notify the member of such belief and inform the member of the member's rights under this Article. (2) If, during the interview, the witness has reason to believe that he/she has become the focus of the investigation or has provided information which would cause the member to become the focus of another investigation for which either formal discipline or criminal charges may result, the member may invoke his/her rights under this Article and, where the witness is not represented by a Lodge Representative during the interview, immediately contact a Lodge Representative for representation. (D) Recordings may be made by either party of any/all proceedings under this article. Prior to any recording, all parties shall have knowledge of such recordings. A copy must be provided to the other party upon request.