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 Association office at xxxxxx@xxxxx.xxx. To the extent practicable, affected employees will be notified while they are on duty. Notification to the Association shall be completed at or near the time the employee is notified of the required interview. A. The parties recognized that the employees covered by this Agreement will be afforded the rights of all police officers under NRS 289. 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 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 purpose of this Article, “ summary” means a description of the allegation, with 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 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 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 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 and reasonable as practicable. Such notice shall be made via e-mail 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 investigation will be undertaken. This alleviates the need for any notice while a supervisor or IA is conducting a preliminary review to determine if an investigation should go forward F. Untruthfulness during an 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 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 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’ 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 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, the 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.

Appears in 1 contract

Samples: Collective Bargaining Agreement

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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 policyor, such notice shall be e-mailed to the Association office at xxxxxx@xxxxx.xxx. To the extent practicable, affected employees will be notified while they are on duty. Notification to the Association shall be completed at or near the time the employee is notified of the required interview. A. The parties recognized that the employees covered by this Agreement will be afforded the rights of all police officers under NRS 289. 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 is sent to the employee via e-mail or 1000 milermail. 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 purpose purposes of this Article, 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 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 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, thethe 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 and reasonable as practicable. Such notice shall be made via e-mail or 1000 milermail. 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 investigation will be undertaken. This alleviates the need for any notice while a supervisor or IA is conducting a preliminary review to determine if an investigation should go forward. F. Untruthfulness during an 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 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 internal investigation, the employee will be advised of protections afforded to employees pursuant to NRS 289 and under the doctrines set forth in Xxxxxxx G arrity 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 basedbased 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, the 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 or MOVE policyor, such notice shall be e-mailed to the Association office at xxxxxx@xxxxx.xxx. To the extent practicable, affected employees will be notified while they are on duty. Notification to the Association shall be completed at or near the time the employee is notified of the required interview. A. The parties recognized that the employees covered by this Agreement will be afforded the rights of all police officers under NRS 289. 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 is sent to the employee via e-mail or 1000 milermail. 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 purpose purposes of this Article, 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 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 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, thethe 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 and reasonable as practicable. Such notice shall be made via e-mail or 1000 milermail. 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 investigation will be undertaken. This alleviates the need for any notice while a supervisor or IA is conducting a preliminary review to determine if an investigation should go forward. F. Untruthfulness during an 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 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 internal investigation, the employee will be advised of protections afforded to employees pursuant to NRS 289 and under the doctrines set forth in Xxxxxxx Garrity 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 basedbased 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, the 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

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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 policyor, such notice shall be e-mailed to the Association office at xxxxxx@xxxxx.xxx. To the extent practicable, affected employees will be notified while they are on duty. Notification to the Association shall be completed at or near the time the employee is notified of the required interview. A. The parties recognized that the employees covered by this Agreement will be afforded the rights of all police officers under NRS 289. 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 is sent to the employee via e-mail or 1000 milermail. 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 purpose purposes of this Article, 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 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 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, thethe 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 and reasonable as practicable. Such notice shall be made via e-mail or 1000 milermail. 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 investigation will be undertaken. This alleviates the need for any notice while a supervisor or IA is conducting a preliminary review to determine if an investigation should go forward. F. Untruthfulness during an 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 the Office of Internal Affairs prior to a disposition being sent out.Assistant 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 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. 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 basedbased 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, the 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

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