MEMBER’S RIGHTS. The Chief or Deputy Chief shall be responsible to ensure that all allegations of misconduct and other violations shall be investigated. Such investigation shall be completed within a reasonable time based upon the circumstances or the alleged misconduct and the investigation. If the investigation is as a result of a complaint from the public, misconduct or other violations that come to the attention of a superior officer, the following procedure shall be followed: The Chief or Deputy Chief (or designated officer) shall investigate all such allegations. Such investigator shall inform any member under investigation and his/her commanding officer of the nature of the investigation before it commences. If diligent efforts to contact the member fail, the investigator shall advise the designated representatives of the Association. If the investigation is the result of an outside complaint, the Investigator shall mail written notice or e-mail notice to the member and the MSTA within fourteen (14) calendar days after providing verbal notice. The member’s notice shall be sent to the member’s work location. The MSTA’s notice shall be sent to their business address. Sufficient information to apprise the member of the specific allegations will be provided. The investigating officer shall be allowed to interview the complainant prior to notifying the member. Where no probable cause is found, the investigation will terminate and the record shall not become part of the member's personnel file. When an investigator believes that there is reasonable cause to interview a member under investigation concerning an alleged violation of the Department's operating procedure or misconduct, the member shall be afforded forty-eight (48) hours, unless an emergency exists or such right is waived, to contact and consult privately with an attorney or other counsel of his/her own choosing before being interviewed. The interview of any Department member shall be at a reasonable hour, preferably when the member is on duty, and during the daylight hours, unless the course of the investigation dictates otherwise, and such interview will be conducted without unreasonable delay. The interview shall take place at a location designated by the investigating officer and shall be at a State Police headquarters when feasible. If requested, a representative may be present at the initial interview and shall be allowed to confer privately with the employee. The member of the Department being questioned shall be informed of the identity of all persons present during the interview. If it is known that the member of the Department being interviewed is a witness only, he/she shall be so informed. The interview shall be conducted with the maximum amount of confidentiality possible. The questions shall be specifically related to the alleged violation. If any other previously undisclosed matter is discovered which may be subject to investigation, it shall be handled pursuant to this procedure. If after the investigating officer has interviewed the complainant and the member in question and it is determined by the Chief or Deputy Chief that such misconduct, or other violation, is not a dismissible offense or of such magnitude that a suspension or demotion would result, the findings shall be provided to the member's commanding officer for disposition within ten (10) days of such determination, and the member so informed. Upon completion of such investigation where probable cause exists to warrant suspension, demotion or dismissal, the results of such investigation and interviews shall be provided to the Chief or Deputy Chief. In such cases, when formal charges are preferred, such charges shall be provided the member in question in writing and a copy provided to the President of the Association. In cases where probable cause exists that a criminal offense has been committed, the member may be suspended immediately without pay pending disposition of the charges. If the member under investigation is requested to submit to a polygraph examination, he/she will be furnished a list of the questions to be asked, sufficiently prior to the examination to enable the member to confer with counsel of his/her choosing prior to the polygraph examination. If a member is requested to submit to any other type of test, he/she shall be advised of the type of test and the member will be afforded an opportunity to obtain a similar independent test if available. Within fifteen (15) calendar days of the completion of the investigation, the member shall be advised of the final outcome. No charges shall be brought before a Disciplinary Board or Administrative Hearing by the investigating officer unless the proper interview procedures were followed as outlined in the previous paragraphs and probable cause was found by the investigating officer. Failure to follow the above procedures, unless waived by the member in question, shall result in dismissal of all charges, with prejudice and destruction of all related records.
Appears in 2 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement
MEMBER’S RIGHTS. 22.1 Members of the Portland Police Department hold a unique status as public officials, and the security of the City and its citizens depends to a great extent upon the manner in which members of the Department perform their manifold duties. The Chief or Deputy Chief shall be responsible to ensure that performance of such duties involves the members in all allegations manner of misconduct contacts and other violations shall be investigatedrelationships with the public. Out of such contacts and relationships may arise questions concerning the actions of members of the force. Such questions may require prompt investigation shall be completed within a reasonable time based upon by Superior Officers designated by the circumstances or the alleged misconduct and the investigation. If the investigation is as a result Chief of a complaint from the public, misconduct Police or other violations competent authority.
22.2 To insure that come such investigations are conducted in a manner conducive to good order and discipline, while observing and protecting the attention individual rights of a superior officereach member of the Department, the following rules of procedure are established:
22.2.1 As much as possible, the interrogation will be conducted at a reasonable time taking into consideration the working hours of the member and the legitimate interests of the Department. The Officer conducting the interrogation shall be followed: advise the member that an official investigation is being conducted. The Chief or Deputy Chief (or designated officer) shall investigate all such allegations. Such investigator investigating Officer shall inform any the member under investigation and his/her commanding officer of the nature of the investigation before it commences. If diligent efforts to contact alleged conduct which is the member fail, the investigator shall advise the designated representatives subject matter of the Association. If the investigation is the result of an outside complaint, the Investigator shall mail written notice or e-mail notice to the member and the MSTA within fourteen (14) calendar days after providing verbal notice. The member’s notice shall be sent to the member’s work location. The MSTA’s notice shall be sent to their business address. Sufficient information to apprise the member of the specific allegations will be provided. The investigating officer shall be allowed to interview the complainant prior to notifying the member. Where no probable cause is found, the investigation will terminate and the record shall not become part of the member's personnel file. When an investigator believes that there is reasonable cause to interview a member under investigation concerning an alleged violation of the Department's operating procedure or misconduct, the member shall be afforded forty-eight (48) hoursinterrogation and, unless an emergency exists or such right is waivedcircumstances warrant anonymity, to contact and consult privately with an attorney or other counsel of his/her own choosing before being interviewed. The interview of any Department member shall be at a reasonable hour, preferably when identify the member is on duty, and during the daylight hours, unless the course of the investigation dictates otherwise, and such interview will be conducted without unreasonable delay. The interview shall take place at a location designated by the investigating officer and shall be at a State Police headquarters when feasible. If requested, a representative may be present at the initial interview and shall be allowed to confer privately with the employee. The member of the Department being questioned shall be informed of the identity of all persons present during the interviewcomplainant. If it is known that the member of the Department being interviewed interrogated is a witness only, he/she he shall be so informed.
22.2.2 The interrogation shall be tape recorded and the tape preserved by the investigating Officer until he investigation is resolved. A copy of the tape shall be provided to the member upon his written request. The interview interrogation shall be conducted with the maximum amount of confidentiality possible. The questions interrogation of a member suspected of violating Department Rules and Regulations shall be limited to questions which are directly, narrowly, and specifically related to the member's performance of duty as it relates to the alleged violation. .
22.2.3 If any the member is under arrest or is likely to be, that is, if he is a suspect or the target of a criminal investigation, he shall be afforded all rights granted under such circumstances to other previously undisclosed matter persons.
22.2.4 In all cases wherein a member is discovered which to be interrogated concerning an alleged violation of Departmental Rules and Regulations which, if proven, could result in his removal from the Department, he shall be afforded a reasonable opportunity and facilities to contact and consult privately with an attorney of his choosing and/or a representative of the Association before being interrogated, and his attorney and/or a representative of the Association may be subject present during the interrogation, but may not participate in the interrogation, except to investigation, it shall be handled pursuant to this procedure. If after the investigating officer has interviewed the complainant and the member in question and it is determined by the Chief or Deputy Chief that such misconduct, or other violation, is not a dismissible offense or of such magnitude that a suspension or demotion would result, the findings shall be provided to counsel the member's commanding officer for disposition within ten (10) days of such determination, and the member so informed. Upon completion of such investigation where probable cause exists to warrant suspension, demotion or dismissal, the results of such investigation and interviews shall be provided to the Chief or Deputy Chief. In such cases, when formal charges are preferred, such charges shall be provided the member in question in writing and a copy provided to the President of the Association. In cases where probable cause exists that a criminal offense has been committed, the member may be suspended immediately without pay pending disposition of the charges. .
22.2.5 If the member under investigation is requested to submit to a polygraph examination, he/he or she will be furnished a list apprised in writing of the questions incident or incidents about which the inquiry is to be asked, sufficiently prior to the examination made to enable the member to confer with counsel of his/his or her choosing prior choosing. The questions asked on the polygraph examination will be limited to those directly and specifically related to the polygraph examinationalleged violation. If a member is requested to submit to any other type of test, he/he or she shall will be advised of the type of test and the member will be afforded an opportunity to obtain a similar independent test if available. Within fifteen (15) calendar days of the completion of the investigation, .
22.2.6 The investigation will be conducted without unreasonable delay and the member shall will be advised of the final outcomeoutcome of the investigation. At the end of thirty (30) working days the member will be informed of the status of the investigation.
22.2.7 Consistent with Maine State Law and with the Union's approval all internal affairs records that exceed the seven (7) year statute of limitation will be destroyed once per year as determined by the Chief. Any member may request that their records be destroyed on the anniversary of the seven (7) year statute of limitations.
22.3 No charges disciplinary action shall be brought before a Disciplinary Board or Administrative Hearing taken by the investigating officer Chief of Police, or his/her designee, against any member of the Department covered by this Agreement without due notice and the opportunity for a fair hearing before the Chief of Police or his/her designee.
22.4 For purposes of Section 22.3 of this provision, designee refers to an Officer above the rank of Captain. Any reference to the Chief of Police in this Article may also apply to the Chief's designee.
22.5 Any member charged with a violation of Departmental Rules and Regulations, incompetence, misconduct, negligence, insubordination, disloyalty, or other charge, shall be informed of the exact nature of the charge, and shall be given sufficient notice of the hearing date and time to allow him an opportunity to consult legal counsel, conduct an investigation, and prepare a defense. At the hearing before the Chief, the member may be accompanied by legal counsel and/or a representative of the Association. The member shall have the right to confer with his counsel at any time during the hearing and shall have the right to have his counsel speak on his behalf.
22.6 The hearing before the Chief of Police shall be informal in nature.
22.7 If, following the hearing, the Chief of Police finds there is just cause for taking disciplinary action, he may:
22.7.1 Suspend the member for not more than fifteen (15) working days;
22.7.2 In lieu of suspension and upon concurrence of the member, require the member to work not more than ten (10) days off without compensation; or,
22.7.3 In lieu of suspension and upon concurrence of the member, require the member to attend a corrective school or counseling on off-duty time without pay.
22.8 No written reprimand involving an alleged violation of Departmental Rules and Regulations shall be placed in a member's personnel file and/or records unless the proper interview procedures were followed as outlined member is first given a copy of the written reprimand. The member shall have the opportunity to respond in writing and contest the validity of the written reprimand. The Chief of Police shall review both the reprimand and contesting document and upon finding just cause for the reprimand, may place in the previous paragraphs member's personnel file and/or records the written reprimand and probable cause was found by the investigating officercontesting document. Failure to follow the above procedures, unless waived Such written refutation by the member shall be submitted to the Chief of Police within five (5) days after the member has received a copy of the reprimand.
22.9 When, through appropriate procedures, it is determined by the Chief of Police that just cause exists for removing a member or for suspending him for a period greater than fifteen (15) working days, the Chief of Police may recommend his removal or suspension to the Civil Service Commission. Any such recommendation shall be processed under the Civil Service Ordinance and shall not be grievable under this Agreement. Any final decision of the Civil Service Commission may be appealed only to Superior Court.
22.9.1 In the event that an employee is suspended by the Commission for a period in questionexcess of thirty (30) consecutive days, the employee shall result not accrue vacation, sick, or holiday benefits during the period of such suspension.
22.9.2 In lieu of the discipline being processed under the Civil Service Ordinance, the employee may waive in dismissal of writing all charges, Civil Service procedures regarding the proposed discipline and proceed before the Chief in accordance with prejudice and destruction of all related recordsthe procedures set forth in 22.3 through 22.
Appears in 1 contract
Samples: Collective Bargaining Agreement
MEMBER’S RIGHTS. 20.1 Members of the Portland Police Department hold a unique status as public officials, and the security of the City and its citizens depends to a great extent upon the manner in which members of the Department perform their manifold duties. The performance of such duties involves the members in all manner of contacts and relationships with the public. Out of such contacts and relationships may arise questions concerning the actions of members of the force. Such questions may require prompt investigation by Superior Officers designated by the Chief of Police or Deputy Chief shall be responsible to other competent authority.
20.2 To ensure that all allegations such investigations are conducted in a manner conducive to good order and discipline, while observing and protecting the individual rights of misconduct and other violations shall be investigated. Such investigation shall be completed within a reasonable time based upon each member of the circumstances or the alleged misconduct and the investigation. If the investigation is as a result of a complaint from the public, misconduct or other violations that come to the attention of a superior officerDepartment, the following rules of procedure are established and cover all members of the Department; provided, however, no member who has completed the working test period shall be followed: disciplined without just cause.
20.2.1 As much as possible, the interrogation will be conducted at a reasonable time taking into consideration the working hours of the member and the legitimate interests of the Department. The Chief or Deputy Chief (or designated officer) Officer conducting the interrogation shall investigate all such allegationsadvise the member that an official investigation is being conducted. Such investigator The investigating Officer shall inform any the member under investigation and his/her commanding officer of the nature of the investigation before it commences. If diligent efforts to contact alleged conduct which is the member fail, the investigator shall advise the designated representatives subject matter of the Association. If interrogation and, unless in the investigation is the result of an outside complaint, the Investigator shall mail written notice or e-mail notice to the member and the MSTA within fourteen (14) calendar days after providing verbal notice. The member’s notice shall be sent to the member’s work location. The MSTA’s notice shall be sent to their business address. Sufficient information to apprise the member judgment of the specific allegations will be provided. The investigating officer Chief of Police circumstances warrant anonymity, shall be allowed to interview identify the complainant prior to notifying the member. Where no probable cause is found, the investigation will terminate and the record shall not become part of the member's personnel file. When an investigator believes that there is reasonable cause to interview a member under investigation concerning an alleged violation of the Department's operating procedure or misconduct, the member shall be afforded forty-eight (48) hours, unless an emergency exists or such right is waived, to contact and consult privately with an attorney or other counsel of his/her own choosing before being interviewed. The interview of any Department member shall be at a reasonable hour, preferably when the member is on duty, and during the daylight hours, unless the course of the investigation dictates otherwise, and such interview will be conducted without unreasonable delay. The interview shall take place at a location designated by the investigating officer and shall be at a State Police headquarters when feasible. If requested, a representative may be present at the initial interview and shall be allowed to confer privately with the employee. The member of the Department being questioned shall be informed of the identity of all persons present during the interviewcomplainant. If it is known that the member of the Department being interviewed interrogated is a witness only, he/she he shall be so informed.
20.2.2 The interrogation shall be recorded and preserved by the investigation Officer until the investigation is resolved. A copy shall be provided to the member upon his/her written request. The interview interrogation shall be conducted with the maximum amount of confidentiality possible. The questions interrogation of a member suspected of violating Department rules and Regulations shall be limited to questions which are directly, narrowly, and specifically related to the member's performance of duty as it relates to the alleged violation. .
20.2.3 If a member is under arrest or may be, or if he/she is a suspect or the target of a criminal investigation, he/she shall be afforded all constitutional and statutory rights granted under such circumstances to other persons, including the right to counsel prior to any other previously undisclosed matter questioning or interrogation.
20.2.4 In all cases wherein a member is discovered which to be interrogated concerning an alleged violation of Departmental Rules and Regulations which, if proven, could result in his/her suspension or removal from the Department, the officer may, at his/her request, be afforded a reasonable opportunity and facilities to contact and consult privately with an attorney of his/her choosing and/or a representative of the Association before being interrogated, and his/her attorney and/or a representative of the Association may be subject to investigationpresent during the interrogation, it shall be handled pursuant to this procedure. If after the investigating officer has interviewed the complainant and the member in question and it is determined by the Chief or Deputy Chief that such misconduct, or other violation, is not a dismissible offense or of such magnitude that a suspension or demotion would result, the findings shall be provided may participate to the member's commanding officer for disposition within ten (10) days of such determination, and the member so informed. Upon completion of such investigation where probable cause exists to warrant suspension, demotion or dismissal, the results of such investigation and interviews shall be provided to the Chief or Deputy Chief. In such cases, when formal charges are preferred, such charges shall be provided the member in question in writing and a copy provided to the President full extent of the Association. In cases where probable cause exists that employee's Xxxxxxxxxx rights.
20.2.5 If a criminal offense has been committed, the member may be suspended immediately without pay pending disposition of the charges. If the member under investigation is requested to submit to a polygraph examination, he/he or she will be furnished a list apprised in writing of the questions incident or incidents about which the inquiry is to be asked, sufficiently prior to the examination made to enable the member to confer with counsel of his/his or her choosing prior to the polygraph examination who may monitor the examination. If The questions asked on the polygraph examination will be narrow and specific as defined by American Polygraph Association guidelines and will be allowed to be reviewed by member's counsel prior to the examination. The exam will be offered in a member is requested format approved by the American Polygraph Association. Such polygraph examination shall be voluntary and the officer shall not be disciplined for refusal to submit to any other type of test, he/she such examination.
20.2.6 The investigation shall be advised of the type of test conducted without unreasonable delay and the member will be afforded an opportunity to obtain a similar independent test if available. Within fifteen (15) calendar days of the completion of the investigation, the member shall be advised of the final outcome. No charges shall outcome of the investigation.
20.2.7 Consistent with Maine State Law and with the Union's approval all internal affairs records, including computerized records developed during the investigation but excluding the computerized complaint log, that exceed the seven (7) year Statute of Limitations will be brought before a Disciplinary Board or Administrative Hearing destroyed once per year as determined by the investigating officer unless Chief. Any member may request that their records be destroyed on the proper interview procedures were followed as outlined in anniversary of the previous paragraphs and probable cause was found by the investigating officer. Failure to follow the above procedures, unless waived by the member in question, shall result in dismissal seven (7) year Statute of all charges, with prejudice and destruction of all related recordsLimitations.
Appears in 1 contract
Samples: Collective Bargaining Agreement
MEMBER’S RIGHTS. 20.1 Members of the Portland Police Department hold a unique status as public officials, and the security of the City and its citizens depends to a great extent upon the manner in which members of the Department perform their manifold duties. The performance of such duties involves the members in all manner of contacts and relationships with the public. Out of such contacts and relationships may arise questions concerning the actions of members of the force. Such questions may require prompt investigation by Superior Officers designated by the Chief of Police or Deputy Chief shall be responsible to other competent authority.
20.2 To ensure that all allegations such investigations are conducted in a manner conducive to good order and discipline, while observing and protecting the individual rights of misconduct and other violations shall be investigated. Such investigation shall be completed within a reasonable time based upon each member of the circumstances or the alleged misconduct and the investigation. If the investigation is as a result of a complaint from the public, misconduct or other violations that come to the attention of a superior officerDepartment, the following rules of procedure are established and cover all members of the Department; provided, however, no member who has completed the working test period shall be followed: disciplined without just cause.
20.2.1 As much as possible, the interrogation will be conducted at a reasonable time taking into consideration the working hours of the member and the legitimate interests of the Department. The Chief or Deputy Chief (or designated officer) Officer conducting the interrogation shall investigate all such allegationsadvise the member that an official investigation is being conducted. Such investigator The investigating Officer shall inform any the member under investigation and his/her commanding officer of the nature of the investigation before it commences. If diligent efforts to contact alleged conduct which is the member fail, the investigator shall advise the designated representatives subject matter of the Association. If interrogation and, unless in the investigation is the result of an outside complaint, the Investigator shall mail written notice or e-mail notice to the member and the MSTA within fourteen (14) calendar days after providing verbal notice. The member’s notice shall be sent to the member’s work location. The MSTA’s notice shall be sent to their business address. Sufficient information to apprise the member judgment of the specific allegations will be provided. The investigating officer Chief of Police circumstances warrant anonymity, shall be allowed to interview identify the complainant prior to notifying the member. Where no probable cause is found, the investigation will terminate and the record shall not become part of the member's personnel file. When an investigator believes that there is reasonable cause to interview a member under investigation concerning an alleged violation of the Department's operating procedure or misconduct, the member shall be afforded forty-eight (48) hours, unless an emergency exists or such right is waived, to contact and consult privately with an attorney or other counsel of his/her own choosing before being interviewed. The interview of any Department member shall be at a reasonable hour, preferably when the member is on duty, and during the daylight hours, unless the course of the investigation dictates otherwise, and such interview will be conducted without unreasonable delay. The interview shall take place at a location designated by the investigating officer and shall be at a State Police headquarters when feasible. If requested, a representative may be present at the initial interview and shall be allowed to confer privately with the employee. The member of the Department being questioned shall be informed of the identity of all persons present during the interviewcomplainant. If it is known that the member of the Department being interviewed interrogated is a witness only, he/she he shall be so informed.
20.2.2 The interrogation shall be tape recorded and the tape preserved by the investigation Officer until the investigation is resolved. A copy of the tape shall be provided to the member upon his written request. The interview interrogation shall be conducted with the maximum amount of confidentiality possible. The questions interrogation of a member suspected of violating Department rules and Regulations shall be limited to questions which are directly, narrowly, and specifically related to the member's performance of duty as it relates to the alleged violation. .
20.2.3 If a member is under arrest or may be, or if he is a suspect or the target of a criminal investigation, he shall be afforded all constitutional and statutory rights granted under such circumstances to other persons, including the right to counsel prior to any other previously undisclosed matter questioning or interrogation.
20.2.4 In all cases wherein a member is discovered which to be interrogated concerning an alleged violation of Departmental Rules and Regulations which, if proven, could result in his suspension or removal from the Department, the officer may, at his request, be afforded a reasonable opportunity and facilities to contact and consult privately with an attorney of his choosing and/or a representative of the Association before being interrogated, and his attorney and/or a representative of the Association may be subject to investigationpresent during the interrogation, it shall be handled pursuant to this procedure. If after the investigating officer has interviewed the complainant and the member in question and it is determined by the Chief or Deputy Chief that such misconduct, or other violation, is not a dismissible offense or of such magnitude that a suspension or demotion would result, the findings shall be provided may participate to the member's commanding officer for disposition within ten (10) days of such determination, and the member so informed. Upon completion of such investigation where probable cause exists to warrant suspension, demotion or dismissal, the results of such investigation and interviews shall be provided to the Chief or Deputy Chief. In such cases, when formal charges are preferred, such charges shall be provided the member in question in writing and a copy provided to the President full extent of the Association. In cases where probable cause exists that employee's Xxxxxxxxxx rights.
20.2.5 If a criminal offense has been committed, the member may be suspended immediately without pay pending disposition of the charges. If the member under investigation is requested to submit to a polygraph examination, he/he or she will be furnished a list apprised in writing of the questions incident or incidents about which the inquiry is to be asked, sufficiently prior to the examination made to enable the member to confer with counsel of his/his or her choosing prior to the polygraph examination who may monitor the examination. If The questions asked on the polygraph examination will be narrow and specific as defined by American Polygraph Association guidelines and will be allowed to be reviewed by member's counsel prior to the examination. The exam will be offered in a member is requested format approved by the American Polygraph Association. Such polygraph examination shall be voluntary and the officer shall not be disciplined for refusal to submit to any other type of test, he/she such examination.
20.2.6 The investigation shall be advised of the type of test conducted without unreasonable delay and the member will be afforded an opportunity to obtain a similar independent test if available. Within fifteen (15) calendar days of the completion of the investigation, the member shall be advised of the final outcome. No charges shall outcome of the investigation.
20.2.7 Consistent with Maine State Law and with the Union's approval all internal affairs records, including computerized records developed during the investigation but excluding the computerized complaint log, that exceed the seven (7) year Statute of Limitations will be brought before a Disciplinary Board or Administrative Hearing destroyed once per year as determined by the investigating officer unless Chief. Any member may request that their records be destroyed on the proper interview procedures were followed as outlined in anniversary of the previous paragraphs and probable cause was found by the investigating officer. Failure to follow the above procedures, unless waived by the member in question, shall result in dismissal seven (7) year Statute of all charges, with prejudice and destruction of all related recordsLimitations.
Appears in 1 contract
Samples: Collective Bargaining Agreement
MEMBER’S RIGHTS. 20.1 Members of the Portland Police Department hold a unique status as public officials, and the security of the City and its citizens depends to a great extent upon the manner in which members of the Department perform their manifold duties. The performance of such duties involves the members in all manner of contacts and relationships with the public. Out of such contacts and relationships may arise questions concerning the actions of members of the force. Such questions may require prompt investigation by Superior Officers designated by the Chief of Police or Deputy Chief shall be responsible to other competent authority.
20.2 To ensure that all allegations such investigations are conducted in a manner conducive to good order and discipline, while observing and protecting the individual rights of misconduct and other violations shall be investigated. Such investigation shall be completed within a reasonable time based upon each member of the circumstances or the alleged misconduct and the investigation. If the investigation is as a result of a complaint from the public, misconduct or other violations that come to the attention of a superior officerDepartment, the following rules of procedure are established and cover all members of the Department; provided, however, no member who has completed the working test period shall be followed: disciplined without just cause.
20.2.1 As much as possible, the interrogation will be conducted at a reasonable time taking into consideration the working hours of the member and the legitimate interests of the Department. The Chief or Deputy Chief (or designated officer) Officer conducting the interrogation shall investigate all such allegationsadvise the member that an official investigation is being conducted. Such investigator The investigating Officer shall inform any the member under investigation and his/her commanding officer of the nature of the investigation before it commences. If diligent efforts to contact alleged conduct which is the member fail, the investigator shall advise the designated representatives subject matter of the Association. If interrogation and, unless in the investigation is the result of an outside complaint, the Investigator shall mail written notice or e-mail notice to the member and the MSTA within fourteen (14) calendar days after providing verbal notice. The member’s notice shall be sent to the member’s work location. The MSTA’s notice shall be sent to their business address. Sufficient information to apprise the member judgment of the specific allegations will be provided. The investigating officer Chief of Police circumstances warrant anonymity, shall be allowed to interview identify the complainant prior to notifying the member. Where no probable cause is found, the investigation will terminate and the record shall not become part of the member's personnel file. When an investigator believes that there is reasonable cause to interview a member under investigation concerning an alleged violation of the Department's operating procedure or misconduct, the member shall be afforded forty-eight (48) hours, unless an emergency exists or such right is waived, to contact and consult privately with an attorney or other counsel of his/her own choosing before being interviewed. The interview of any Department member shall be at a reasonable hour, preferably when the member is on duty, and during the daylight hours, unless the course of the investigation dictates otherwise, and such interview will be conducted without unreasonable delay. The interview shall take place at a location designated by the investigating officer and shall be at a State Police headquarters when feasible. If requested, a representative may be present at the initial interview and shall be allowed to confer privately with the employee. The member of the Department being questioned shall be informed of the identity of all persons present during the interviewcomplainant. If it is known that the member of the Department being interviewed interrogated is a witness only, he/she he shall be so informed.
20.2.2 The interrogation shall be recorded and preserved by the investigation Officer until the investigation is resolved. A copy shall xx provided to the member upon his/her written request. The interview interrogation shall be conducted with the maximum amount of confidentiality possible. The questions interrogation of a member suspected of violating Department rules and Regulations shall be limited to questions which are directly, narrowly, and specifically related to the member's performance of duty as it relates to the alleged violation. .
20.2.3 If a member is under arrest or may be, or if he/she is a suspect or the target of a criminal investigation, he/she shall be afforded all constitutional and statutory rights granted under such circumstances to other persons, including the right to counsel prior to any other previously undisclosed matter questioning or interrogation.
20.2.4 In all cases wherein a member is discovered which to be interrogated concerning an alleged violation of Departmental Rules and Regulations which, if proven, could result in his/her suspension or removal from the Department, the officer may, at his/her request, be afforded a reasonable opportunity and facilities to contact and consult privately with an attorney of his/her choosing and/or a representative of the Association before being interrogated, and his/her attorney and/or a representative of the Association may be subject to investigationpresent during the interrogation, it shall be handled pursuant to this procedure. If after the investigating officer has interviewed the complainant and the member in question and it is determined by the Chief or Deputy Chief that such misconduct, or other violation, is not a dismissible offense or of such magnitude that a suspension or demotion would result, the findings shall be provided may participate to the member's commanding officer for disposition within ten (10) days of such determination, and the member so informed. Upon completion of such investigation where probable cause exists to warrant suspension, demotion or dismissal, the results of such investigation and interviews shall be provided to the Chief or Deputy Chief. In such cases, when formal charges are preferred, such charges shall be provided the member in question in writing and a copy provided to the President full extent of the Association. In cases where probable cause exists that employee's Xxxxxxxxxx rights.
20.2.5 If a criminal offense has been committed, the member may be suspended immediately without pay pending disposition of the charges. If the member under investigation is requested to submit to a polygraph examination, he/he or she will be furnished a list apprised in writing of the questions incident or incidents about which the inquiry is to be asked, sufficiently prior to the examination made to enable the member to confer with counsel of his/his or her choosing prior to the polygraph examination who may monitor the examination. If The questions asked on the polygraph examination will be narrow and specific as defined by American Polygraph Association guidelines and will be allowed to be reviewed by member's counsel prior to the examination. The exam will be offered in a member is requested format approved by the American Polygraph Association. Such polygraph examination shall be voluntary and the officer shall not be disciplined for refusal to submit to any other type of test, he/she such examination.
20.2.6 The investigation shall be advised of the type of test conducted without unreasonable delay and the member will be afforded an opportunity to obtain a similar independent test if available. Within fifteen (15) calendar days of the completion of the investigation, the member shall be advised of the final outcome. No charges shall outcome of the investigation.
20.2.7 Consistent with Maine State Law and with the Union's approval all internal affairs records, including computerized records developed during the investigation but excluding the computerized complaint log, that exceed the seven (7) year Statute of Limitations will be brought before a Disciplinary Board or Administrative Hearing destroyed once per year as determined by the investigating officer unless Chief. Any member may request that their records be destroyed on the proper interview procedures were followed as outlined in anniversary of the previous paragraphs and probable cause was found by the investigating officer. Failure to follow the above procedures, unless waived by the member in question, shall result in dismissal seven (7) year Statute of all charges, with prejudice and destruction of all related recordsLimitations.
Appears in 1 contract
Samples: Collective Bargaining Agreement
MEMBER’S RIGHTS. 20.1 Members of the Portland Police Department hold a unique status as public officials, and the security of the City and its citizens depends to a great extent upon the manner in which members of the Department perform their manifold duties. The performance of such duties involves the members in all manner of contacts and relationships with the public. Out of such contacts and relationships may arise questions concerning the actions of members of the force. Such questions may require prompt investigation by Superior Officers designated by the Chief of Police or Deputy Chief shall be responsible to other competent authority.
20.2 To ensure that all allegations such investigations are conducted in a manner conducive to good order and discipline, while observing and protecting the individual rights of misconduct and other violations shall be investigated. Such investigation shall be completed within a reasonable time based upon each member of the circumstances or the alleged misconduct and the investigation. If the investigation is as a result of a complaint from the public, misconduct or other violations that come to the attention of a superior officerDepartment, the following rules of procedure are established and cover all members of the Department; provided, however, no member who has completed the working test period shall be followed: disciplined without just cause.
20.2.1 As much as possible, the interrogation will be conducted at a reasonable time taking into consideration the working hours of the member and the legitimate interests of the Department. The Chief or Deputy Chief (or designated officer) Officer conducting the interrogation shall investigate all such allegationsadvise the member that an official investigation is being conducted. Such investigator The investigating Officer shall inform any the member under investigation and his/her commanding officer of the nature of the investigation before it commences. If diligent efforts to contact alleged conduct which is the member fail, the investigator shall advise the designated representatives subject matter of the Association. If interrogation and, unless in the investigation is the result of an outside complaint, the Investigator shall mail written notice or e-mail notice to the member and the MSTA within fourteen (14) calendar days after providing verbal notice. The member’s notice shall be sent to the member’s work location. The MSTA’s notice shall be sent to their business address. Sufficient information to apprise the member judgment of the specific allegations will be provided. The investigating officer Chief of Police circumstances warrant anonymity, shall be allowed to interview identify the complainant prior to notifying the member. Where no probable cause is found, the investigation will terminate and the record shall not become part of the member's personnel file. When an investigator believes that there is reasonable cause to interview a member under investigation concerning an alleged violation of the Department's operating procedure or misconduct, the member shall be afforded forty-eight (48) hours, unless an emergency exists or such right is waived, to contact and consult privately with an attorney or other counsel of his/her own choosing before being interviewed. The interview of any Department member shall be at a reasonable hour, preferably when the member is on duty, and during the daylight hours, unless the course of the investigation dictates otherwise, and such interview will be conducted without unreasonable delay. The interview shall take place at a location designated by the investigating officer and shall be at a State Police headquarters when feasible. If requested, a representative may be present at the initial interview and shall be allowed to confer privately with the employee. The member of the Department being questioned shall be informed of the identity of all persons present during the interviewcomplainant. If it is known that the member of the Department being interviewed interrogated is a witness only, he/she he shall be so informed.
20.2.2 The interrogation shall be recorded and preserved by the investigating Officer until the investigation is resolved. A copy shall be provided to the member upon his/her written request. The interview interrogation shall be conducted with the maximum amount of confidentiality possible. The questions interrogation of a member suspected of violating Department rules and Regulations shall be limited to questions which are directly, narrowly, and specifically related to the member's performance of duty as it relates to the alleged violation. .
20.2.3 If a member is under arrest or may be, or if he/she is a suspect or the target of a criminal investigation, he/she shall be afforded all constitutional and statutory rights granted under such circumstances to other persons, including the right to counsel prior to any other previously undisclosed matter questioning or interrogation.
20.2.4 In all cases wherein a member is discovered which to be interrogated concerning an alleged violation of Departmental Rules and Regulations which, if proven, could result in his/her suspension or removal from the Department, the officer may, at his/her request, be afforded a reasonable opportunity and facilities to contact and consult privately with an attorney of his/her choosing and/or a representative of the Association before being interrogated, and his/her attorney and/or a representative of the Association may be subject to investigationpresent during the interrogation, it shall be handled pursuant to this procedure. If after the investigating officer has interviewed the complainant and the member in question and it is determined by the Chief or Deputy Chief that such misconduct, or other violation, is not a dismissible offense or of such magnitude that a suspension or demotion would result, the findings shall be provided may participate to the member's commanding officer for disposition within ten (10) days of such determination, and the member so informed. Upon completion of such investigation where probable cause exists to warrant suspension, demotion or dismissal, the results of such investigation and interviews shall be provided to the Chief or Deputy Chief. In such cases, when formal charges are preferred, such charges shall be provided the member in question in writing and a copy provided to the President full extent of the Association. In cases where probable cause exists that employee's Xxxxxxxxxx rights.
20.2.5 If a criminal offense has been committed, the member may be suspended immediately without pay pending disposition of the charges. If the member under investigation is requested to submit to a polygraph examination, he/he or she will be furnished a list apprised in writing of the questions incident or incidents about which the inquiry is to be asked, sufficiently prior to the examination made to enable the member to confer with counsel of his/his or her choosing prior to the polygraph examination who may monitor the examination. If The questions asked on the polygraph examination will be narrow and specific as defined by American Polygraph Association guidelines and will be allowed to be reviewed by member's counsel prior to the examination. The exam will be offered in a member is requested format approved by the American Polygraph Association. Such polygraph examination shall be voluntary and the officer shall not be disciplined for refusal to submit to any other type of test, he/she such examination.
20.2.6 The investigation shall be advised of the type of test conducted without unreasonable delay and the member will be afforded an opportunity to obtain a similar independent test if available. Within fifteen (15) calendar days of the completion of the investigation, the member shall be advised of the final outcome. No charges shall outcome of the investigation.
20.2.7 Consistent with Maine State Law and with the Union's approval all internal affairs records, including computerized records developed during the investigation but excluding the computerized complaint log, that exceed the seven (7) year Statute of Limitations will be brought before a Disciplinary Board or Administrative Hearing destroyed once per year as determined by the investigating officer unless Chief. Any member may request that their records be destroyed on the proper interview procedures were followed as outlined in anniversary of the previous paragraphs and probable cause was found by the investigating officer. Failure to follow the above procedures, unless waived by the member in question, shall result in dismissal seven (7) year Statute of all charges, with prejudice and destruction of all related recordsLimitations.
Appears in 1 contract
Samples: Collective Bargaining Agreement
MEMBER’S RIGHTS. The Chief or Deputy Chief shall be responsible to ensure To insure that all allegations the rights o f members are protected regarding this agreement, questions may arise from time-to-time concerning the actions of misconduct and other violations shall be investigatedthe members of the department. Such questions may require prompt investigation shall be completed within by the Chief o f Police or his/her designated officers. To insure that such investigations are conducted in a reasonable time based upon manner conducive to good order and discipline, meanwhile observing and protecting the circumstances or rights of each member of the alleged misconduct and the investigation. If the investigation is as a result of a complaint from the public, misconduct or other violations that come to the attention of a superior officerdepartment, the following rules of procedure shall be followed: The Chief or Deputy Chief (or designated officer) shall investigate all such allegations. Such investigator shall inform any member under investigation and his/her commanding officer of the nature of the investigation before it commences. If diligent efforts to contact the member fail, the investigator shall advise the designated representatives of the Association. If the investigation is the result of an outside complaint, the Investigator shall mail written notice or e-mail notice to the member and the MSTA within fourteen (14) calendar days after providing verbal notice. The member’s notice shall be sent to the member’s work location. The MSTA’s notice shall be sent to their business address. Sufficient information to apprise the member of the specific allegations will be provided. The investigating officer shall be allowed to interview the complainant prior to notifying the member. Where no probable cause is found, the investigation will terminate and the record shall not become part of the member's personnel file. When an investigator believes that there is reasonable cause to interview a member under investigation concerning an alleged violation of the Department's operating procedure or misconduct, the member shall be afforded forty-eight (48) hours, unless an emergency exists or such right is waived, to contact and consult privately with an attorney or other counsel of his/her own choosing before being interviewed. are hereby established.
24.1 The interview of o f any Department department member shall be at a reasonable hour, preferably when the member officer is on duty, duty and if possible during the daylight hours, hours unless the course exigencies of the investigation dictates dictate otherwise, and such interview will . This involves any investigation where disciplinary action may be taken against that member.
24.2 Said interviews shall be conducted without unreasonable delay. The interview shall take place at a location designated by the investigating officer and officer, usually at Police Headquarters. Said investigations shall be not be made at a State Police headquarters when feasible. If member’s home if so requested, a representative may be present at the initial interview and shall be allowed to confer privately with the employee. .
24.3 The member of the Department being questioned shall be informed of the rank, name and command of the officer in charge o f the investigation, as well as the name and rank of the officer conducting the investigation/interview, and the complete identity of all persons present during the interview.
24.4 The member will be informed of the nature of the investigation before any interview commences. Sufficient information to reasonably apprise the member of the allegations made should be provided. If it is known that the member of the Department being interviewed is only a witness only, he/she shall be so informed. The interview shall be conducted with in the maximum amount of confidentiality possible. The questions shall be specifically related to the alleged violation. If any other previously undisclosed matter is discovered which may be subject to investigation, it shall be handled pursuant to this procedure. If after the investigating officer has interviewed the complainant and the member in question and it is determined by the Chief or Deputy Chief that such misconduct, or other violation, is not a dismissible offense or of such magnitude that a suspension or demotion would result, the findings shall be provided to the member's commanding officer for disposition within ten (10) days of such determination, and the member so informed. Upon completion of such investigation where probable cause exists to warrant suspension, demotion or dismissal, the results of such investigation and interviews shall be provided to the Chief or Deputy Chief. In such cases, when formal charges are preferred, such charges shall be provided the member in question in writing and a copy provided to the President of the Association. In cases where probable cause exists that a criminal offense has been committed, the member may be suspended immediately without pay pending disposition of the charges. If the member under investigation is requested to submit to a polygraph examination, he/she will be furnished a list of the questions to be asked, sufficiently prior to the examination to enable the member to confer with counsel of his/her choosing prior to the polygraph examination. If a member is requested to submit to any other type of testmatter, he/she shall be advised of that fact.
24.5 The interview shall be completed with reasonable dispatch and reasonable respites shall be allowed. Time will also be provided for the type personal necessities, meals, telephone calls and rest periods. Any determination of test the reasonableness shall be at the discretion of the investigation officer.
24.6 The member shall not be subjected to any offensive language nor shall be threatened with transfer, dismissal or any other disciplinary punishment. No promise of reward shall be made as an inducement to answering questions. Nothing herein contained is to be construed as to prohibit the investigating officer from informing the member that his/her conduct can become the subject of disciplinary action resulting in disciplinary punishment.
24.7 In all cases where a member is to be interviewed concerning an alleged violation of department rules and regulations which, if proven, may result in dismissal or the infliction of other disciplinary punishment upon him/her, he/she shall be afforded reasonable time and facilities to contact and consult privately with an attorney of his/her choosing and/or representative of the Police Club before being interviewed. An attorney of his/her own choosing and/or representative of the Police Club may be present during the interview but may not participate in the investigation except to counsel the member. However, in such cases, the interview may not be postponed for any purpose for more than twenty-four (24) hours from the time o f notification of the interview. A request for an extension o f the 24-hour period shall not be unreasonably denied.
24.8 If known by the investigating officer that a special report may result in disciplinary action against the member, no member will be ordered to write a special report regarding such possible disciplinary action unless he/she is informed by the investigating officer of the reason for the report and that the report may result in disciplinary action. The member will be afforded reasonable time to consult with an opportunity to obtain a similar independent test if availableattorney before writing said report. Within fifteen (15) calendar days Such reasonable time shall be at the discretion of the completion investigation officer but shall not exceed twenty-four (24) hours from the time a special report is requested. A request for an extension of the twenty-four (24) hour period shall not be unreasonably denied.
24.9 The member will be provided with a copy of said special report.
24.10 A member officer xxx consult with his/her attorney and/or representative of the Police Club prior to and before answering any questions in any critical incident investigation. A critical incident shall be defined as an incident in which serious physical injury or death has occurred by police action or the omission thereof. An attorney of his/her own choosing and/or representative of the Police Club may be present during the interview but may not participate in the investigation except to counsel the member. However, in such cases, the member shall interview may not be advised postponed for any purpose for more than twenty-four (24) hours from the time of notification of the final outcomeinterview. No charges A request for an extension of the twenty-four (24) hour period shall not be brought before a Disciplinary Board or Administrative Hearing by the investigating officer unless the proper interview procedures were followed as outlined in the previous paragraphs and probable cause was found by the investigating officer. Failure to follow the above procedures, unless waived by the member in question, shall result in dismissal of all charges, with prejudice and destruction of all related recordsunreasonably denied.
Appears in 1 contract
Samples: Collective Bargaining Agreement
MEMBER’S RIGHTS. The Chief or Deputy Chief shall be responsible to ensure that all allegations of misconduct and other violations shall be investigated. Such investigation shall be completed within a reasonable time based upon the circumstances or the alleged misconduct and the investigation. If the investigation is as a result of a complaint from the public, misconduct or other violations that come to the attention of a superior officer, the following procedure shall be followed: The Chief or Deputy Chief (or designated officer) shall investigate all such allegations. Such investigator shall inform any member under investigation and his/her commanding officer of the nature of the investigation before it commences. If diligent efforts to contact the member fail, the investigator shall advise the designated representatives of the Association. If the investigation is the result of an outside complaint, the Investigator shall mail written notice or e-mail notice to the member and the MSTA within fourteen (14) calendar days after providing verbal notice. The member’s notice shall be sent to the member’s work location. The MSTA’s notice shall be sent to their business address. Sufficient information to apprise the member of the specific allegations will be provided. The investigating officer shall be allowed to interview the complainant prior to notifying the member. Where no probable cause is found, the investigation will terminate and the record shall not become part of the member's personnel file. When an investigator believes that there is reasonable cause to interview a member under investigation concerning an alleged violation of the Department's operating procedure or misconduct, the member shall be afforded forty-eight (48) hours, unless an emergency exists or such right is waived, to contact and consult privately with an attorney or other counsel of his/her own choosing before being interviewed. A. The interview of any Department department member shall be at a reasonable hour, preferably when the member officer is on duty, duty and during the daylight hours, unless the course exigencies of the investigation dictates dictate otherwise, and such . A determination as to the reasonableness of the hour shall be at the discretion of the investigating officer.
X. Xxxx interview will shall be conducted without unreasonable delay. The interview shall take place at a location designated by the investigating officer and shall be at a State Police headquarters when feasible. If requestedofficer, a representative may be present usually at the initial police headquarters. Said interview and shall not be allowed to confer privately with conducted at the employee. member’s home if he so requests.
X. The member of the Department being questioned shall be informed of the rank, name and command of the officer in charge of the investigation as well as the rank and name of the officer conducting the interview and the complete identity of all persons present during the interview.
D. The member will be informed of the nature of the investigation before any interview commences. If known, sufficient information to reasonably apprise the member of the allegations made should be provided. If it is known that the member of the Department being interviewed is only a witness onlyin the matter, he/she he shall be so informed. advised of that fact.
E. The interview shall be conducted completed with the maximum amount of confidentiality possible. The questions reasonable dispatch and reasonable respites shall be specifically related allowed. Time will also be provided for personal necessities, meals, telephone calls and rest periods.
F. The member has the right to receive copies, if available of all statements taken from witnesses in the alleged violation. If any other previously undisclosed matter is discovered which may be subject to investigation, it shall be handled pursuant free of charge.
G. The member has the right to this procedure. If after the investigating officer has interviewed the complainant and the member in question and it is determined by the Chief or Deputy Chief that such misconduct, or other violation, is not have a dismissible offense or of such magnitude that a suspension or demotion would result, the findings shall be provided to the member's commanding officer for disposition within ten (10) days of such determination, and the member so informed. Upon completion of such investigation where probable cause exists to warrant suspension, demotion or dismissal, the results of such investigation and interviews shall be provided to the Chief or Deputy ChiefStetson Club representative and/or an attorney present during his interview. In such cases, when formal charges are preferred, such charges the member shall be provided afforded reasonable time and facilities to contact and consult privately with an attorney of his own choosing and/or his representative of the Stetson Club.
X. If it is known by the investigating officer that a special report may result in disciplinary action against the member, no member will be ordered to write a special report regarding such disciplinary action, unless he is informed by the investigating officer of the reason for the report and that the report may result in question in disciplinary action. The member will be afforded twelve (12) hours to consult an attorney and/or his Stetson Club representative, unless an emergency exists, before writing and said special report.
I. Any member who provides a special report shall be entitled to a copy provided to the President of the Association. said special report upon submission.
J. In cases where probable cause exists that no event shall a criminal offense has been committed, the member may be suspended immediately without pay pending disposition of the charges. If the member under investigation is ordered or requested to submit to a polygraph examinationlie detector test.
X. Xxxxx to interrogating an officer or requesting a special report which may result in disciplinary action, he/she will be furnished the employer shall provide a list personnel complaint form which contains, but is not limited to, the complaint filed against the officer, the name of the questions complainant, and any other information which adequately apprises the officer of the nature of the complaint filed against him.
L. The member shall have made available to him, any and all reports which he has submitted regarding said investigation.
M. The member of the Stetson Club, subject to such investigation by the Police Department, shall have the right to a copy of any written, oral recorded or stenographic statement he shall make to the Police Department, free of charge. No recording device is to be asked, sufficiently prior used during an interrogation unless the member is advised in advance that one is being used and a transcript is supplied to the examination member of said recording.
N. A member of the Stetson Club subject to enable such an investigation by the member to confer with counsel of his/her choosing prior to the polygraph examination. If a member is requested to submit Police Department shall not be subject to any offensive language nor, except as provided herein, shall he be threatened with transfer, dismissal or any other type of test, he/she disciplinary punishment nor promise or reward shall be advised of the type of test and the member will be afforded made as an opportunity inducement to obtain a similar independent test if available. Within fifteen (15) calendar days of the completion of the investigation, the answering questions.
O. A member shall be advised tendered a copy of any warning, reprimand, or memorandum entered in his personnel file. Letters of reprimand may not be retained longer than thirty- six (36) months...
P. A member of the final outcome. No charges shall be brought before a Disciplinary Board or Administrative Hearing Stetson Club subject to such investigation by the investigating officer unless Police Department shall suffer no reprisals, directly or indirectly, for exercising his rights under this section.
Q. Members may, on an annual basis, request via the proper interview procedures were followed as outlined in the previous paragraphs and probable cause was found by the investigating officer. Failure chain of command, permission to follow the above procedures, unless waived by the member in question, shall result in dismissal of all charges, with prejudice and destruction of all related recordsexamine their respective personnel folders.
Appears in 1 contract
Samples: Collective Bargaining Agreement
