Common use of Notice of Investigatory Interviews Clause in Contracts

Notice of Investigatory Interviews. Whenever an employee covered by this Agreement is a party to an internal investigation as a subject or witness and is so notified as per Department Procedure 5/101.26 or MOVE policy, such notice shall be e-mailed to the President of the Association and the Labor Representative. Notification to the President, Labor Representative and employee shall be completed the same business day. If the notice is e-mailed to the President and Labor Representative any time after 3:00 p.m. on the last business day of the week, the President shall also receive telephonic notification. If no telephonic notification is provided, there shall be at least one intervening business day between the e-mailing of the notice and the interview. A. The parties agree that the employees in this Bargaining Unit are “peace officers Category 1” and are covered by NRS 289. B. Employees called for a witness interview in an investigation will have the same rights as subject employees and will be entitled to representation during any interview. C. The parties agree that on any investigation conducted pursuant to NRS 289, a summary of facts will be provided to the subject employee who is to be interviewed. For purposes of this section, “summary” means a description of the allegation, with the locations, time, and date. If the location, time, or date are unknown, the notice will so state. If there are multiple allegations, then the summary of facts must address all of the allegations and include a description of the misconduct or performance problem. The Association may raise issue with the named investigator as required by NRS 289 if it is believed there is a conflict of interest. In such instance, the matter shall be presented to the Bureau Commander of the Internal Affairs Bureau (IAB) and his/her decision regarding the matter shall not be appealable. D. When alleged employee misconduct is discovered during the course of an internal affairs (IA) investigation unrelated to the original matter under investigation, a second complaint number will be obtained, and a separate investigation initiated into the unrelated misconduct. This provision will not apply if it is determined an employee was untruthful during the investigation. In such instances, the finding will be “misconduct not based on complaint”. E. When the Department receives notice of a complaint against an employee, that employee will be notified as to the existence of the complaint through the employee’s chain of command as expeditiously as practicable. Such notice shall be made via e-mail. In situations where covert actions may be necessary to properly engage an investigation, no notice will be given to the employee until those actions are completed. Additionally, the parties agree that notice will only be necessary when it is determined an IA investigation will be undertaken. This alleviates the need for any notice while a supervisor or IAB is conducting a preliminary review to determine if an investigation should go forward. F. Untruthfulness during an IA investigation is defined as the willful making of a knowingly false statement of material fact. This finding shall be reviewed and approved by the Assistant Sheriff responsible for IAB prior to a disposition being sent out. G. When the Department possesses information or facts which contradict an employee’s recollection of those facts under investigation, the investigator will allow the employee an opportunity to explain an answer or refute the negative implication of his/her recollection after informing the employee of the specific contradiction(s). H. When the Department possesses information in an electronic, audio, video, or written format, the investigator will allow the employee an opportunity to explain an answer or refute the negative implication of his/her recollection after the employee is given the opportunity to review the media evidence. I. On any statement, report, or document prepared at the direction of the Department for an IA investigation, the protections afforded to employees pursuant to NRS 289 and under the doctrines set forth in Xxxxxxx v. New Jersey, 000 X.X. 000 (1967), will apply to all employees. J. Employees, whether a witness or subject employee, will receive 48-hours’ notice of an interview unless such notice is specifically waived in writing with the employee’s signature. If a subject employee waives the notice period, this waiver must also be approved by the Association. A reasonable extension will be granted for a subject employee at the request of the Association. K. As a guideline, no interview session will extend more than four (4) hours unless the employee agrees to more time in one 24-hour period. Regular breaks will occur during the interview based on any person’s request attending the interview. L. When charged with a criminal offense, the Department may, at the employee and the Association’s request, waive an interview of the subject employee if there are sufficient facts present to make a fair determination in the case. M. The Association, an employee, IAB, or Labor Relations may suggest that a case meets the criteria where a formal investigation may be waived. If the parties agree to the alleged allegation and the appropriate level of discipline, the investigation and any subsequent right to the grievance procedure will be waived. N. An employee may be relieved of duty without pay when the employee has been criminally indicted or arrested and approved for prosecution for a felony offense under state or federal law.

Appears in 2 contracts

Samples: Collective Bargaining Agreement, Collective Bargaining Agreement

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Notice of Investigatory Interviews. Whenever an employee covered by this Agreement the collective bargaining agreement is a party to an internal investigation as a subject or witness and is so notified as per Department Procedure 5/101.26 or MOVE policy5/101.26, such notice shall be e-mailed to the President of the Association and the Labor Representativeoffice. Notification to the President, Labor Representative Association and employee shall be completed the same business day. If the notice is e-e- mailed to the President and Labor Representative Association any time after 3:00 p.m. on the last business day of the week, the President Association shall also receive telephonic notification. If no telephonic notification is provided, there shall be at least one intervening business day between the e-mailing of the notice and the interview. A. The parties agree that recognize the employees in this Bargaining Unit rights of all police officers under NRS 289 (Attachment B). The Association will receive a copy of all notices and summaries of any internal investigation of an employee at the time the notice and summary are “peace officers Category 1” and are covered by NRS 289sent to the employee via e-mail or 1000 miler. B. Employees called for a witness interview in an investigation will have the same rights as subject employees and will be entitled to representation during any interview. C. The parties agree that on any investigation conducted pursuant to NRS 289, a summary of facts will be provided to the subject employee who is to be interviewed. For purposes of this section, “summary” means a description of the allegation, with the locations, time, and date. If the location, time, or date are unknown, the notice will so state. If there are multiple allegations, then the summary of facts must address all of the allegations and include a description of the misconduct or performance problem. The Association may raise issue with the named investigator as required by NRS 289 if it is believed there is a conflict of interest. In such instance, the matter shall be presented to the Bureau Commander of the Internal Affairs Bureau (IAB) Professional Standards and his/her decision regarding the matter shall not be appealable. D. When alleged employee misconduct is discovered during the course of an internal affairs (IA) investigation unrelated to the original matter under investigation, a second complaint number will be obtained, and a separate investigation initiated into the unrelated misconduct. This provision will not apply if it is determined an employee was untruthful during the investigation. In such instances, the finding will be “misconduct not based on complaint”. E. When the Department receives notice of a complaint against an employee, that employee will be notified as to the existence of the complaint through the employee’s chain of command as expeditiously as practicable. Such notice shall be made via e-mailmail or 1000 miler. In situations where covert actions may be necessary to properly engage an investigation, no notice will be given to the employee until those actions are completed. Additionally, the parties agree that notice will only be necessary when it is determined an IA investigation will be undertaken. This alleviates the need for any notice while a supervisor or IAB IA is conducting a preliminary review to determine if an investigation should go forward. F. Untruthfulness during an IA internal investigation is defined as the willful making of a knowingly false statement of material fact. This finding shall be reviewed and approved by the Assistant Sheriff responsible for IAB the Office of Internal Affairs prior to a disposition being sent out. G. When the Department possesses information or facts which contradict an employee’s recollection of those facts under investigation, the investigator will allow the employee an opportunity to explain an answer or refute the negative implication of his/her recollection after informing the employee of the specific contradiction(s). H. When the Department possesses information in an electronic, audio, video, or written format, the investigator will allow the employee an opportunity to explain an answer or refute the negative implication of his/her recollection after the employee is given the opportunity to review the media evidence. I. On any statement, report, or document prepared at the direction of the Department for an IA internal investigation, the protections afforded to employees pursuant to NRS 289 and under the doctrines set forth in Xxxxxxx v. New Jersey, 000 X.X. 000 385 U.S. 493 (1967), will apply to all employees. J. EmployeesX. Xxxxxxxxx, whether a witness or subject employee, will receive 48-hours’ notice of an interview unless such notice is specifically waived in writing with the employee’s signature. If a subject employee waives the notice period, this waiver must also be approved by the Association. A reasonable extension will be granted for a subject employee at the request of the Association. K. As a guideline, no interview session will extend more than four (4) hours unless the employee agrees to more time in one 24-hour period. Regular breaks will occur during the interview based on any person’s request attending the interview. L. When charged with a criminal offense, the Department may, at the employee and the Association’s request, waive an interview of the subject employee if there are sufficient facts present to make a fair determination in the case. M. The Association, an employee, IABthe Internal Affairs Bureau, or Labor Relations may suggest that a case meets the criteria where a formal investigation may be waived. If the parties agree to the alleged allegation and the appropriate level of discipline, the investigation and any subsequent right to the grievance procedure will be waived. If an employee accepts an expedited investigation the purge date will start the date Labor Relations receives the signed expedited agreement. N. An employee may be relieved of duty without pay when the employee has been criminally indicted or arrested and approved for prosecution for a felony offense under state or federal law.

Appears in 2 contracts

Samples: Collective Bargaining Agreement, Collective Bargaining Agreement

Notice of Investigatory Interviews. Whenever an employee covered by this Agreement the collective bargaining agreement is a party to an internal investigation as a subject or witness and is so notified as per Department Procedure 5/101.26 or MOVE policy5/101.26, such notice shall be e-mailed to the President of the Association and the Labor Representative. Notification to the President, Labor Representative and employee shall be completed the same business day. If the notice is e-mailed to the President and Labor Representative any time after 3:00 p.m. on the last business day of the week, the President shall also receive telephonic notification. If no telephonic notification is provided, there shall be at least one intervening business day between the e-mailing of the notice and the interviewoffice. A. The parties agree that recognize the employees in this Bargaining Unit are “peace rights of all police officers Category 1” under NRS 289 (Attachment B). The Association will receive a copy of all notices and are covered by NRS 289summaries of any internal investigation of an employee at the time the notice and summary is sent to the employee via e-mail or 1000 miler. B. Employees called for a witness interview in an investigation will have the same rights as subject employees and will be entitled to representation during any interview. C. The parties agree that on any investigation conducted pursuant to NRS 289, a summary of facts will be provided to the subject employee who is to be interviewed. For purposes of this section, “summary” means a description of the allegation, with the locations, time, and date. If the location, time, or date are unknown, the notice will so state. If there are multiple allegations, then the summary of facts must address all of the allegations and include a description of the misconduct or performance problem. The Association may raise issue with the named investigator as required by NRS 289 if it is believed there is a conflict of interest. In such instance, the matter shall be presented to the Bureau Commander of the Internal Affairs Bureau (IAB) Professional Standards and his/her decision regarding the matter shall not be appealable. D. When alleged employee misconduct is discovered during the course of an internal affairs (IA) investigation unrelated to the original matter under investigation, a second complaint number will be obtained, obtained and a separate investigation initiated into the unrelated misconduct. This provision will not apply if it is determined an employee was untruthful during the investigation. In such instances, the finding will be “misconduct not based on complaint”. E. When the Department receives notice of a complaint against an employee, that employee will be notified as to the existence of the complaint through the employee’s chain of command as expeditiously as practicable. Such notice shall be made via e-mailmail or 1000 miler. In situations where covert actions may be necessary to properly engage an investigation, no notice will be given to the employee until those actions are completed. Additionally, the parties agree agreed that notice will only be necessary when it is determined an IA investigation will be undertaken. This alleviates the need for any notice while a supervisor or IAB IA is conducting a preliminary review to determine if an investigation should go forward. F. Untruthfulness during an IA internal investigation is defined as the willful making of a knowingly false statement of material fact. This finding shall be reviewed and approved by the Assistant Sheriff responsible for IAB the Office of Internal Affairs prior to a disposition being sent out. G. When the Department possesses information or facts which contradict an employee’s recollection of those facts under investigation, the investigator will allow the employee an opportunity to explain an answer or refute the negative implication of his/her recollection after informing the employee of the specific contradiction(s). H. When the Department possesses information in an electronic, audio, video, or written format, the investigator will allow the employee an opportunity to explain an answer or refute the negative implication of his/her recollection after the employee is given the opportunity to review the media evidence. I. On any statement, report, or document prepared at the direction of the Department for an IA internal investigation, the protections afforded to employees pursuant to NRS 289 and under the doctrines set forth in Xxxxxxx v. New Jersey, 000 X.X. 000 (1967), will apply to all employees. J. Employees, whether a witness or subject employee, will receive 48-hours’ hours notice of an interview unless such notice is specifically waived in writing with the employee’s signature. If a subject employee waives the notice period, this waiver must also be approved by the Association. A reasonable extension will be granted for a subject employee at the request of the Association. K. As a guideline, no interview session will extend more than four (4) hours unless the employee agrees to more time in one 24-hour period. Regular breaks will occur during the interview based on any person’s request attending the interview. L. When charged with a criminal offense, the Department may, at the employee and the Association’s request, waive an interview of the subject employee if there are sufficient facts present to make a fair determination in the case. M. The Association, an employee, IAB, or Labor Relations may suggest that a case meets the criteria where a formal investigation may be waived. If the parties agree to the alleged allegation and the appropriate level of discipline, the investigation and any subsequent right to the grievance procedure will be waived. N. An employee may be relieved of duty without pay when the employee has been criminally indicted or arrested and approved for prosecution for a felony offense under state or federal law.

Appears in 1 contract

Samples: Collective Bargaining Agreement

Notice of Investigatory Interviews. Whenever an employee covered by this Agreement the collective bargaining agreement is a party to an internal investigation as a subject or witness and is so notified as per Department Procedure 5/101.26 or MOVE policynotified, such notice shall be e-mailed to the President of the Association and the Labor RepresentativeFOP. Notification to the President, Labor Representative FOP and employee shall be completed the same business day. If the notice is e-mailed to the President and Labor Representative any time after 3:00 p.m. on the last business day of the week, the President shall also receive telephonic notification. If no telephonic notification is provided, there shall be at least one intervening business day between the e-mailing of the notice and the interview. A. The parties agree support services sergeant is responsible for internal affairs investigations. The chief of police may assign other supervisory personnel (rank of sergeant or higher) to assist in the investigation(s) as needed; due to the complexity, timeliness, extensive work, or other unforeseen factors involved in the investigation(s). Due to known conflicts of interest or extenuating circumstances on a case by case basis, the chief of police may request another law enforcement agency conduct the internal affairs investigation(s). Under this situation the FOP will be made aware of the circumstances, unless releasing that information compromises the employees in this Bargaining Unit are “peace officers Category 1” investigation(s), and are covered by NRS 289advised which agency will conduct the investigation. B. The FOP will receive a copy of all notices and summaries of any internal investigation of an employee at the time the notice and summary is sent to the employee via e-mail or inter-department mail. C. Employees called for a subject or witness interview in an investigation will have the same rights as subject employees and will be entitled right to representation and/or legal counsel during any interview. C. D. The parties agree that on any investigation conducted pursuant to NRS 289conducted, a summary of facts will be provided to the subject employee who is to be interviewedinterviewed prior to the interview with sufficient time for the employee to review the summary before making a statement or being asked questions. For purposes of this section, “summary” means a description of the allegation, with the locations, time, and date. If the location, time, or date are unknown, the notice will so state. If there are multiple allegations, then the summary of facts must address all of the allegations and include a description of the misconduct or performance problem. The Association may raise issue with the named investigator as required by NRS 289 if it is believed there is a conflict of interest. In such instance, the matter shall be presented to the Bureau Commander of the Internal Affairs Bureau (IAB) and his/her decision regarding the matter shall not be appealable. D. E. When alleged employee misconduct is discovered during the course of an internal affairs (IA) investigation unrelated to the original matter under investigation, a second complaint number will be obtained, obtained and a separate investigation initiated into the unrelated misconduct. This provision will not apply if it is determined an employee was untruthful during the investigation. In such instances, the finding will be “misconduct not based on complaint”. E. F. When the Department receives notice of a complaint against an employee, that employee will be notified as to the existence of the complaint through the employee’s chain of command as expeditiously as practicable. Such notice shall be made via e-mail or inter-department mail. In situations where covert actions may be necessary to properly engage an investigation, no notice will be given to the employee until those actions are completed. Additionally, the parties agree that notice will only be necessary when it is determined an IA investigation will be undertaken. This alleviates the need for any notice while a supervisor or IAB IA is conducting a preliminary review to determine if an investigation should go forward. F. G. Untruthfulness during an IA internal investigation is defined as the willful making of a knowingly false statement of material fact. This finding shall be reviewed and approved by the Assistant Sheriff responsible for IAB Chief of Police prior to a disposition being sent out. G. H. When the Department possesses information or facts which contradict an employee’s recollection of those facts under investigation, the investigator will allow the employee an opportunity to explain an answer or refute the negative implication of his/her recollection after informing the employee of the specific contradiction(s). H. I. When the Department possesses information in an electronic, audio, video, or written format, the investigator will allow the employee an opportunity to explain an answer or refute the negative implication of his/her recollection after the employee is given the opportunity to review the media evidence. I. J. On any statement, report, or document prepared at the direction of the Department for an IA internal investigation, the protections afforded to employees pursuant to NRS 289 and under the doctrines set forth in Xxxxxxx v. New Jersey, 000 X.X. 000 385 U.S. 493 (1967), will apply to all employees. J. EmployeesX. Xxxxxxxxx, whether a witness or subject employee, will receive 48-hours’ notice of an interview unless such notice is specifically waived in writing with the employee’s signature. If a subject employee waives the notice period, this waiver must also be approved by the AssociationFOP. A reasonable extension will be granted for a subject employee at the request of the AssociationFOP. K. L. As a guideline, no interview session will extend more than four (4) hours unless the employee agrees to more time in one 24-hour period. Regular breaks will occur during the interview based on any person’s request attending the interview. L. M. When charged with a criminal offense, the Department may, at the employee and the AssociationFOP’s request, waive an interview of the subject employee if there are sufficient facts present to make a fair determination in the case. M. N. The AssociationFOP, an employee, IAB, employee or Labor Relations the Mayor may suggest that a case meets the criteria where a formal investigation may be waived. If the parties agree to the alleged allegation and the appropriate level of discipline, the investigation and any subsequent right to the grievance procedure will be waived. This agreement will be reflected in a letter sent from the FOP to the Chief of Police. N. An employee may be relieved of duty without pay when the employee has been criminally indicted or arrested and approved for prosecution for a felony offense under state or federal law.

Appears in 1 contract

Samples: Collective Bargaining Agreement

Notice of Investigatory Interviews. Whenever an employee covered by this Agreement is a party to an internal investigation as a subject or witness and is so notified as per Department Procedure 5/101.26 or MOVE policy, such notice shall be e-mailed to the President of Association office at xxxxxx@xxxxx.xxx. To the Association and the Labor Representativeextent practicable, affected employees will be notified while they are on duty. Notification to the President, Labor Representative and employee Association shall be completed at or near the same business day. If time the notice employee is e-mailed to the President and Labor Representative any time after 3:00 p.m. on the last business day notified of the week, the President shall also receive telephonic notification. If no telephonic notification is provided, there shall be at least one intervening business day between the e-mailing of the notice and the required interview. A. The parties agree that Association will receive a copy of all notices and summaries of any internal investigation of an employee at the employees in this Bargaining Unit are “peace officers Category 1” time the notice and are covered by NRS 289summary is sent to the employee via e-mail. B. Employees called for a witness interview in an investigation will have the same rights as subject employees and will be entitled to representation during any interview. C. The parties agree that on any investigation conducted pursuant to NRS 289formal investigation, a summary of facts will be provided to the subject employee who is to be interviewed. For purposes of this section, “summary” means a description of the allegation, with the locations, time, and date. If the location, time, or date are unknown, the notice will so state. If there are multiple allegations, then the summary of facts must address all of the allegations and include a description of the misconduct or performance problem. The Association may raise issue with the named investigator as required by NRS 289 if it is believed there is a conflict of interest. In such instance, the matter shall be presented to the Bureau Commander of the Internal Affairs Bureau (IAB) and his/her decision regarding the matter shall not be appealable.the D. When alleged employee misconduct is discovered during the course of an internal affairs (IA) investigation unrelated to the original matter under investigation, a second complaint number will be obtained, and a separate investigation initiated into the unrelated misconduct. This provision will not apply if it is determined an employee was untruthful during the investigation. In such instances, the finding will be “misconduct not based on complaint”.the E. When the Department receives notice of a complaint against an employee, that employee will be notified as to the existence of the complaint through the employee’s chain of command as expeditiously as practicable. Such notice shall be made via e-mail. In situations where covert actions may be necessary to properly engage an investigation, no notice will be given to the employee until those actions are completed. Additionally, the parties agree that notice will only be necessary when it is determined an IA investigation will be undertaken. This alleviates the need for any notice while a supervisor or IAB is conducting a preliminary review to determine if an investigation should go forward.be F. Untruthfulness during an IA internal investigation is defined as the willful making of a knowingly false statement of material fact. This finding shall be reviewed and approved by the Assistant Sheriff responsible for IAB the Office of Internal Affairs prior to a disposition being sent out. G. When the Department possesses information or facts which contradict an employee’s recollection of those facts under investigation, the investigator will allow the employee an opportunity to explain an answer or refute the negative implication of his/her recollection after informing the employee of the specific contradiction(s). H. When the Department possesses information in an electronic, audio, video, or written format, the investigator will allow the employee an opportunity to explain an answer or refute the negative implication of his/her recollection after the employee is given the opportunity to review the media evidence. I. On any statement, report, or document prepared at the direction of the Department Department, under threat of termination, for an IA internal investigation, the employee will be advised of protections afforded to employees pursuant to NRS 289 and under the doctrines set forth in Xxxxxxx v. New Jersey, 000 X.X. 000 385 U.S. 493 (1967), will apply to all employees. J. Employees, whether a witness or subject employee, will receive 48-hours’ notice of an interview unless such notice is specifically waived in writing with the employee’s signature. If a subject employee waives the notice period, this waiver must also be approved by the Association. A reasonable extension will be granted for a subject employee at the request of the Association.interview K. As a guideline, no interview session will extend more than four (4) hours unless the employee agrees to more time in one 24-hour period. Regular breaks will occur during the interview based on any person’s request attending the interview.based L. When charged with a criminal offense, the Department may, at the employee and the Association’s request, waive an interview of the subject employee if there are sufficient facts present to make a fair determination in the case. M. The Association, an employee, IABthe Internal Affairs Bureau, or Labor Relations may suggest that a case meets the criteria where a formal investigation may be waived. If the parties agree to the alleged allegation and the appropriate level of discipline, the investigation and any subsequent right to the grievance procedure will be waived. If an employee accepts an expedited investigation the purge date will start the date Labor Relations receives the signed expedited agreement. N. An employee may be relieved of duty without pay when the employee has been criminally indicted or arrested and approved for prosecution for a felony offense under state or federal law.

Appears in 1 contract

Samples: Collective Bargaining Agreement

Notice of Investigatory Interviews. Whenever an employee covered by this Agreement is a party to an internal investigation as a subject or witness and is so notified as per Department Procedure 5/101.26 8.330 or MOVE policy, such notice shall be e-mailed to the President of the Association and the Labor Representative. Notification to the President, Labor Representative and employee shall be completed the same business day. If the notice is e-mailed to the President and Labor Representative any time after 3:00 p.m. on the last business day of the week, the President shall also receive telephonic notification. If no telephonic notification is provided, there shall be at least one intervening business day between the e-mailing of the notice and the interview. A. The parties agree that the employees in this Bargaining Unit are “peace officers Category 1” and are covered by NRS 289. B. Employees called for a witness interview in an investigation will have the same rights as subject employees and will be entitled to representation during any interview. C. The parties agree that on any investigation conducted pursuant to NRS 289, a summary of facts will be provided to the subject employee who is to be interviewed. For purposes of this section, “summary” means a description of the allegation, with the locations, time, and date. If the location, time, or date are unknown, the notice will so state. If there are multiple allegations, then the summary of facts must address all of the allegations and include a description of the misconduct or performance problem. The Association may raise issue with the named investigator as required by NRS 289 if it is believed there is a conflict of interest. In such instance, the matter shall be presented to the Bureau Commander of the Internal Affairs Bureau (IAB) and his/her decision regarding the matter shall not be appealable. D. When alleged employee misconduct is discovered during the course of an internal affairs (IA) investigation unrelated to the original matter under investigation, a second complaint number will be obtained, and a separate investigation initiated into the unrelated misconduct. This provision will not apply if it is determined an employee was untruthful during the investigation. In such instances, the finding will be “misconduct not based on complaint”. E. When the Department receives notice of a complaint against an employee, that employee will be notified as to the existence of the complaint through the employee’s chain of command as expeditiously as practicable. Such notice shall be made via e-mail. In situations where covert actions may be necessary to properly engage an investigation, no notice will be given to the employee until those actions are completed. Additionally, the parties agree that notice will only be necessary when it is determined an IA investigation will be undertaken. This alleviates the need for any notice while a supervisor or IAB is conducting a preliminary review to determine if an investigation should go forward. F. Untruthfulness during an IA investigation is defined as the willful making of a knowingly false statement of material fact. This finding shall be reviewed and approved by the Assistant Sheriff responsible for IAB prior to a disposition being sent out. G. When the Department possesses information or facts which contradict an employee’s recollection of those facts under investigation, the investigator will allow the employee an opportunity to explain an answer or refute the negative implication of his/her recollection after informing the employee of the specific contradiction(s). H. When the Department possesses information in an electronic, audio, video, or written format, the investigator will allow the employee an opportunity to explain an answer or refute the negative implication of his/her recollection after the employee is given the opportunity to review the media evidence. I. On any statement, report, or document prepared at the direction of the Department for an IA investigation, the protections afforded to employees pursuant to NRS 289 and under the doctrines set forth in Xxxxxxx v. New Jersey, 000 X.X. 000 385 U.S. 493 (1967), will apply to all employees. J. Employees, whether a witness or subject employee, will receive 48-hours’ notice of an interview unless such notice is specifically waived in writing with the employee’s signature. If a subject employee waives the notice period, this waiver must also be approved by the Association. A reasonable extension will be granted for a subject employee at the request of the Association. K. As a guideline, no interview session will extend more than four (4) hours unless the employee agrees to more time in one 24-hour period. Regular breaks will occur during the interview based on any person’s request attending the interview. L. When charged with a criminal offense, the Department may, at the employee and the Association’s request, waive an interview of the subject employee if there are sufficient facts present to make a fair determination in the case. M. The Association, an employee, IAB, or Labor Relations may suggest that a case meets the criteria where a formal investigation may be waived. If the parties agree to the alleged allegation and the appropriate level of discipline, the investigation and any subsequent right to the grievance procedure will be waived. N. An employee may be relieved of duty without pay when the employee has been criminally indicted or arrested and approved for prosecution for a felony offense under state or federal law.

Appears in 1 contract

Samples: Collective Bargaining Agreement

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Notice of Investigatory Interviews. Whenever an employee covered by this Agreement the collective bargaining agreement is a party to an internal investigation as a subject or witness and is so notified as per Department Procedure 5/101.26 or MOVE policynotified, such notice shall be e-mailed to the President of the Association and the Labor RepresentativeFOP. Notification to the President, Labor Representative FOP and employee shall be completed the same business day. If the notice is e-mailed to the President and Labor Representative any time after 3:00 p.m. on the last business day of the week, the President shall also receive telephonic notification. If no telephonic notification is provided, there shall be at least one intervening business day between the e-mailing of the notice and the interview. A. The parties agree that FOP will receive a copy of all notices and summaries of any internal investigation of an employee at the employees in this Bargaining Unit are “peace officers Category 1” time the notice and are covered by NRS 289summary is sent to the employee via e-mail or inter-department mail. B. Employees called for a subject or witness interview in an investigation will have the same rights as subject employees and will be entitled right to representation and/or legal counsel during any interview. C. The parties agree that on any investigation conducted pursuant to NRS 289conducted, a summary of facts will be provided to the subject employee who is to be interviewedinterviewed prior to the interview with sufficient time for the employee to review the summary before making a statement or being asked questions. For purposes of this section, “summary” means a description of the allegation, with the locations, time, and date. If the location, time, or date are unknown, the notice will so state. If there are multiple allegations, then the summary of facts must address all of the allegations and include a description of the misconduct or performance problem. The Association may raise issue with the named investigator as required by NRS 289 if it is believed there is a conflict of interest. In such instance, the matter shall be presented to the Bureau Commander of the Internal Affairs Bureau (IAB) and his/her decision regarding the matter shall not be appealable. D. When alleged employee misconduct is discovered during the course of an internal affairs (IA) investigation unrelated to the original matter under investigation, a second complaint number will be obtained, obtained and a separate investigation initiated into the unrelated misconduct. This provision will not apply if it is determined an employee was untruthful during the investigation. In such instances, the finding will be “misconduct not based on complaint”. E. When the Department receives notice of a complaint against an employee, that employee will be notified as to the existence of the complaint through the employee’s chain of command as expeditiously as practicable. Such notice shall be made via e-mail or inter-department mail. In situations where covert actions may be necessary to properly engage an investigation, no notice will be given to the employee until those actions are completed. Additionally, the parties agree that notice will only be necessary when it is determined an IA investigation will be undertaken. This alleviates the need for any notice while a supervisor or IAB IA is conducting a preliminary review to determine if an investigation should go forward. F. Untruthfulness during an IA internal investigation is defined as the willful making of a knowingly false statement of material fact. This finding shall be reviewed and approved by the Assistant Sheriff responsible for IAB Chief of Police prior to a disposition being sent out. G. When the Department possesses information or facts which contradict an employee’s recollection of those facts under investigation, the investigator will allow the employee an opportunity to explain an answer or refute the negative implication of his/her recollection after informing the employee of the specific contradiction(s). H. When the Department possesses information in an electronic, audio, video, or written format, the investigator will allow the employee an opportunity to explain an answer or refute the negative implication of his/her recollection after the employee is given the opportunity to review the media evidence. I. On any statement, report, or document prepared at the direction of the Department for an IA internal investigation, the protections afforded to employees pursuant to NRS 289 and under the doctrines set forth in Xxxxxxx v. New Jersey, 000 X.X. 000 385 U.S. 493 (1967), will apply to all employees. J. Employees, whether a witness or subject employee, will receive 48-hours’ notice of an interview unless such notice is specifically waived in writing with the employee’s signature. If a subject employee waives the notice period, this waiver must also be approved by the AssociationFOP. A reasonable extension will be granted for a subject employee at the request of the AssociationFOP. K. As a guideline, no interview session will extend more than four (4) hours unless the employee agrees to more time in one 24-hour period. Regular breaks will occur during the interview based on any person’s request attending the interview. L. When charged with a criminal offense, the Department may, at the employee and the AssociationFOP’s request, waive an interview of the subject employee if there are sufficient facts present to make a fair determination in the case. M. The AssociationFOP, an employee, IAB, employee or Labor Relations the City Manager may suggest that a case meets the criteria where a formal investigation may be waived. If the parties agree to the alleged allegation and the appropriate level of discipline, the investigation and any subsequent right to the grievance procedure will be waived. This agreement will be reflected in a letter sent from the FOP to the Chief of Police. N. An employee may be relieved of duty without pay when the employee has been criminally indicted or arrested and approved for prosecution for a felony offense under state or federal law.

Appears in 1 contract

Samples: Collective Bargaining Agreement

Notice of Investigatory Interviews. Whenever an employee covered by this Agreement the collective bargaining agreement is a party to an internal investigation as a subject or witness and is so notified as per Department Procedure 5/101.26 or MOVE policy5/101.26, such notice shall be e-mailed to the President of the Association and the Labor Representative. Notification to the President, Labor Representative and employee shall be completed the same business day. If the notice is e-mailed to the President and Labor Representative any time after 3:00 p.m. on the last business day of the week, the President shall also receive telephonic notification. If no telephonic notification is provided, there shall be at least one intervening business day between the e-mailing of the notice and the interviewoffice. A. The parties agree that recognize the employees in this Bargaining Unit rights of all police officers under NRS 289 (Attachment B). The Association will receive a copy of all notices and summaries of any internal investigation of an employee at the time the notice and summary are “peace officers Category 1” and are covered by NRS 289sent to the employee via e-mail or 1000 miler. B. Employees called for a witness interview in an investigation will have the same rights as subject employees and will be entitled to representation during any interview. C. The parties agree that on any investigation conducted pursuant to NRS 289, a summary of facts will be provided to the subject employee who is to be interviewed. For purposes of this section, “summary” means a description of the allegation, with the locations, time, and date. If the location, time, or date are unknown, the notice will so state. If there are multiple allegations, then the summary of facts must address all of the allegations and include a description of the misconduct or performance problem. The Association may raise issue with the named investigator as required by NRS 289 if it is believed there is a conflict of interest. In such instance, the matter shall be presented to the Bureau Commander of the Internal Affairs Bureau (IAB) Professional Standards and his/her decision regarding the matter shall not be appealable.be D. When alleged employee misconduct is discovered during the course of an internal affairs (IA) investigation unrelated to the original matter under investigation, a second complaint number will be obtained, and a separate investigation initiated into the unrelated misconduct. This provision will not apply if it is determined an employee was untruthful during the investigation. In such instances, the finding will be “misconduct not based on complaint”. E. When the Department receives notice of a complaint against an employee, that employee will be notified as to the existence of the complaint through the employee’s chain of command as expeditiously as practicable. Such notice shall be made via e-mailmail or 1000 miler. In situations where covert actions may be necessary to properly engage an investigation, no notice will be given to the employee until those actions are completed. Additionally, the parties agree that notice will only be necessary when it is determined an IA investigation will be undertaken. This alleviates the need for any notice while a supervisor or IAB IA is conducting a preliminary review to determine if an investigation should go forward. F. Untruthfulness during an IA internal investigation is defined as the willful making of a knowingly false statement of material fact. This finding shall be reviewed and approved by the Assistant Sheriff responsible for IAB the Office of Internal Affairs prior to a disposition being sent out. G. When the Department possesses information or facts which contradict an employee’s recollection of those facts under investigation, the investigator will allow the employee an opportunity to explain an answer or refute the negative implication of his/her recollection after informing the employee of the specific contradiction(s). H. When the Department possesses information in an electronic, audio, video, or written format, the investigator will allow the employee an opportunity to explain an answer or refute the negative implication of his/her recollection after the employee is given the opportunity to review the media evidence. I. On any statement, report, or document prepared at the direction of the Department for an IA internal investigation, the protections afforded to employees pursuant to NRS 289 and under the doctrines set forth in Xxxxxxx v. New Jersey, 000 X.X. 000 385 U.S. 493 (1967), will apply to all employees. J. EmployeesX. Xxxxxxxxx, whether a witness or subject employee, will receive 48-hours’ notice of an interview unless such notice is specifically waived in writing with the employee’s signature. If a subject employee waives the notice period, this waiver must also be approved by the Association. A reasonable extension will be granted for a subject employee at the request of the Association. K. As a guideline, no interview session will extend more than four (4) hours unless the employee agrees to more time in one 24-hour period. Regular breaks will occur during the interview based on any person’s request attending the interview. L. When charged with a criminal offense, the Department may, at the employee and the Association’s request, waive an interview of the subject employee if there are sufficient facts present to make a fair determination in the case. M. The Association, an employee, IABthe Internal Affairs Bureau, or Labor Relations may suggest that a case meets the criteria where a formal investigation may be waived. If the parties agree to the alleged allegation and the appropriate level of discipline, the investigation and any subsequent right to the grievance procedure will be waived. If an employee accepts an expedited investigation the purge date will start the date Labor Relations receives the signed expedited agreement. N. An employee may be relieved of duty without pay when the employee has been criminally indicted or arrested and approved for prosecution for a felony offense under state or federal law.

Appears in 1 contract

Samples: Collective Bargaining Agreement

Notice of Investigatory Interviews. Whenever an employee covered by this Agreement the collective bargaining agreement is a party to an internal investigation as a subject or witness and is so notified as per Department Procedure 5/101.26 or MOVE policy5/101.26, such notice shall be e-mailed to the President of the Association and the Labor Representativeoffice. Notification to the President, Labor Representative Association and employee shall be completed the same business day. If the notice is e-e- mailed to the President and Labor Representative any time Association anytime after 3:00 p.m. on the last business day of the week, the President Association shall also receive telephonic notification. If no telephonic notification is provided, there shall be at least one intervening business day between the e-mailing of the notice and the interview. A. The parties agree that recognize the employees in this Bargaining Unit are “peace rights of all police officers Category 1” under NRS 289 (Attachment B). The Association will receive a copy of all notices and are covered by NRS 289summaries of any internal investigation of an employee at the time the notice and summary is sent to the employee via e-mail or 1000 miler. B. Employees called for a witness interview in an investigation will have the same rights as subject employees and will be entitled to representation during any interview. C. The parties agree that on any investigation conducted pursuant to NRS 289, a summary of facts will be provided to the subject employee who is to be interviewed. For purposes of this section, “summary” means a description of the allegation, with the locations, time, and date. If the location, time, or date are unknown, the notice will so state. If there are multiple allegations, then the summary of facts must address all of the allegations and include a description of the misconduct or performance problem. The Association may raise issue with the named investigator as required by NRS 289 if it is believed there is a conflict of interest. In such instance, the matter shall be presented to the Bureau Commander of the Internal Affairs Bureau (IAB) Professional Standards and his/her decision regarding the matter shall not be appealable. D. When alleged employee misconduct is discovered during the course of an internal affairs (IA) investigation unrelated to the original matter under investigation, a second complaint number will be obtained, obtained and a separate investigation initiated into the unrelated misconduct. This provision will not apply if it is determined an employee was untruthful during the investigation. In such instances, the finding will be “misconduct not based on complaint”. E. When the Department receives notice of a complaint against an employee, that employee will be notified as to the existence of the complaint through the employee’s chain of command as expeditiously as practicable. Such notice shall be made via e-mailmail or 1000 miler. In situations where covert actions may be necessary to properly engage an investigation, no notice will be given to the employee until those actions are completed. Additionally, the parties agree that notice will only be necessary when it is determined an IA investigation will be undertaken. This alleviates the need for any notice while a supervisor or IAB IA is conducting a preliminary review to determine if an investigation should go forward. F. Untruthfulness during an IA internal investigation is defined as the willful making of a knowingly false statement of material fact. This finding shall be reviewed and approved by the Assistant Sheriff responsible for IAB the Office of Internal Affairs prior to a disposition being sent out. G. When the Department possesses information or facts which contradict an employee’s recollection of those facts under investigation, the investigator will allow the employee an opportunity to explain an answer or refute the negative implication of his/her recollection after informing the employee of the specific contradiction(s). H. When the Department possesses information in an electronic, audio, video, or written format, the investigator will allow the employee an opportunity to explain an answer or refute the negative implication of his/her recollection after the employee is given the opportunity to review the media evidence. I. On any statement, report, or document prepared at the direction of the Department for an IA internal investigation, the protections afforded to employees pursuant to NRS 289 and under the doctrines set forth in Xxxxxxx v. New Jersey, 000 X.X. 000 (1967), will apply to all employees. J. EmployeesX. Xxxxxxxxx, whether a witness or subject employee, will receive 48-hours’ hours notice of an interview unless such notice is specifically waived in writing with the employee’s signature. If a subject employee waives the notice period, this waiver must also be approved by the Association. A reasonable extension will be granted for a subject employee at the request of the Association. K. As a guideline, no interview session will extend more than four (4) hours unless the employee agrees to more time in one 24-hour period. Regular breaks will occur during the interview based on any person’s request attending the interview. L. When charged with a criminal offense, the Department may, at the employee and the Association’s request, waive an interview of the subject employee if there are sufficient facts present to make a fair determination in the case. M. The Association, an employee, IABthe Internal Affairs Bureau, or Labor Relations may suggest that a case meets the criteria where a formal investigation may be waived. If the parties agree to the alleged allegation and the appropriate level of discipline, the investigation and any subsequent right to the grievance procedure will be waived. This agreement will be reflected in a letter sent from the Association to the Internal Affairs Bureau Lieutenant through Labor Relations. If an employee accepts an expedited investigation the purge date will start the date Labor Relations receives the signed expedited agreement. N. An employee may be relieved of duty without pay when the employee has been criminally indicted or arrested and approved for prosecution for a felony offense under state or federal law.

Appears in 1 contract

Samples: Collective Bargaining Agreement

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