Common use of Personnel Investigations Clause in Contracts

Personnel Investigations. A. An employee who is under investigation for an action or incident which is likely to result in formal adverse action shall be normally notified, at least twenty-four (24) hours prior to the investigative interview, simultaneously, in writing, of both the subject matter and his/her right to representation prior to any interrogation,fact- finding, investigatory interview, or shooting review board, or similarly-purposed discussion which has the potential of obtaining information which, if found to be true, could or is likely to result in formal adverse action. The employee will be given a reasonable opportunity to secure the representative of his/her choice. B. If an employee is called to an investigatory interview and the employee reasonably believes the subject matter of the investigation is such that the employee could possibly receive discipline, the employee, at his or her request, shall be given a reasonable opportunity to secure a representative of his/her choice. C. The employee will be provided with a copy of all documents and/or other investigatory material in accordance with the Public Safety Officers Procedural Bill of Rights (POBR) and any current or subsequent court decisions which impact or alter Government Code Section 3300, et seq. D. Whenever a xxxx/inmate/parolee/patient files or submits a grievance, a 602 (“Inmate Appeal”), any written complaint, or verbal complaint which is later reduced to writing by either the inmate or the State, which, if found true, could result in adverse action against the employee or contain a threat against the employee, the Department agrees to immediately notice the employee of said filing. The State agrees to provide the affected employee a copy of said document if the employee so requests. This is not intended to preclude the informal level response procedure in the current CDC Operations Manual. Upon the employee’s request, a copy of the outcome of the xxxx/inmate/parolee/patient’s complaint shall be provided, if the complaint has progressed beyond the informal stage. E. However, whenever the Department is conducting an investigation which necessitates surveillance, obtaining a search warrant, undercover operations, or a “sting,” the employer need not inform the employee of the written complaint until the investigation is completed. F. The State agrees that any Unit 6 member under investigation shall be granted an opportunity to view the cell extraction videotape with his/her representative prior to the related investigatory interview. Management can have a representative present at the viewing to ensure the integrity of the tape, but the management’s representative shall not be so close as to intrude in a private communication. G. The Departments acknowledge their obligation to complete all Unit 6 personnel investigations within twelve (12) months under the terms and exceptions of Government Code Sections 3304 and 3309.5

Personnel Investigations. A. An employee who is under investigation for an action or incident which is likely to result in formal adverse action shall be normally notified, at least twenty-four (24) hours prior to the investigative interview, simultaneously, in writing, of both the subject matter and his/her right to representation prior to any interrogation,fact- finding, investigatory interview, or shooting review board, or similarly-purposed discussion which has the potential of obtaining information which, if found to be true, could or is likely to result in formal adverse action. The employee will be given a reasonable opportunity to secure the representative of his/her choice. B. If an employee is called to an investigatory interview and the employee reasonably believes the subject matter of the investigation is such that the employee could possibly receive discipline, the employee, at his or her request, shall be given a reasonable opportunity to secure a representative of his/her choice. C. The employee will be provided with a copy of all documents and/or other investigatory material in accordance with the Public Safety Officers Procedural Bill Xxxx of Rights (POBR) and any current or subsequent court decisions which impact or alter Government Code Section 3300, et seq. D. Whenever a xxxx/inmate/parolee/patient files or submits a grievance, a 602 (“Inmate Appeal”), any written complaint, or verbal complaint which is later reduced to writing by either the inmate or the State, which, if found true, could result in adverse action against the employee or contain a threat against the employee, the Department agrees to immediately notice the employee of said filing. The State agrees to provide the affected employee a copy of said document if the employee so requests. This is not intended to preclude the informal level response procedure in the current CDC Operations Manual. Upon the employee’s request, a copy of the outcome of the xxxx/inmate/parolee/patient’s complaint shall be provided, if the complaint has progressed beyond the informal stage. E. However, whenever the Department is conducting an investigation which necessitates surveillance, obtaining a search warrant, undercover operations, or a “sting,” the employer need not inform the employee of the written complaint until the investigation is completed. F. The State agrees that any Unit 6 member under investigation shall be granted an opportunity to view the cell extraction videotape with his/her representative prior to the related investigatory interview. Management can have a representative present at the viewing to ensure the integrity of the tape, but the management’s representative shall not be so close as to intrude in a private communication. G. The Departments acknowledge their obligation to complete all Unit 6 personnel investigations within twelve (12) months under the terms and exceptions of Government Code Sections 3304 and 3309.5

Personnel Investigations. A. An employee who is under investigation for an action or incident which is likely to result in formal adverse action shall be normally notified, at least twenty-four (24) hours prior to the investigative interview, simultaneously, in writing, of both the subject matter and his/her right to representation prior to any interrogation,, fact- finding, investigatory interview, or shooting review board, or similarly-purposed discussion which has the potential of obtaining information which, if found to be true, could or is likely to result in formal adverse action. The employee will be given a reasonable opportunity to secure the representative of his/her choice. B. If an employee is called to an investigatory interview and the employee reasonably believes the subject matter of the investigation is such that the employee could possibly receive discipline, the employee, at his or her request, shall be given a reasonable opportunity to secure a representative of his/her choice. In the event of an incident (shooting or use of force) that requires an immediate investigation by the Deadly Force Investigation Team (DFIT) or Office of Internal Affairs (OIA), the affected Hiring Authority will notify the appropriate local CCPOA representative as soon as possible of the incident and the activation of DFIT/OIA. C. The employee will be provided with a copy of all documents and/or other investigatory material in accordance with the Public Safety Officers Procedural Bill Xxxx of Rights (POBR) and any current or subsequent court decisions which impact or alter Government Code Section 3300, et seq. D. Whenever a xxxx/inmate/parolee/patient files or submits a grievance, a 602 (“Inmate Appeal”), any written complaint, or verbal complaint which is later reduced to writing by either the inmate or the State, which, if found true, could result in adverse action against the employee or contain a threat against the employee, the Department agrees to immediately notice the employee of said filing. The State agrees to provide the affected employee a copy of said document if the employee so requests. This is not intended to preclude the informal level response procedure in the current CDC CDCR Operations Manual. Upon the employee’s request, a copy of the outcome of the xxxx/inmate/parolee/patient’s complaint shall be provided, if the complaint has progressed beyond the informal stage. The Employer and CCPOA agree that all video tapes, audio recordings or any other kind of memorialization of an inmate/xxxx/parolee/patient statement or complaint shall be treated as a writing within the meaning of this subsection. The video tapes and/or audio recordings or “writings” shall be turned over, regardless of whether the complaint/statement is deemed “inmate/xxxx/parolee/patient initiated” or not. E. However, whenever the Department is conducting an investigation which necessitates surveillance, obtaining a search warrant, undercover operations, or a “sting,” the employer need not inform the employee of the written complaint until the investigation is completed. F. The State agrees that any Unit 6 member under investigation shall be granted an opportunity to view the cell extraction videotape with his/her representative prior to the related investigatory interview. Management can have a representative present at the viewing to ensure the integrity of the tape, but the management’s representative shall not be so close as to intrude in a private communication. G. The Departments acknowledge their obligation to complete all Unit 6 personnel investigations within twelve (12) months under the terms and exceptions of Government Code Sections 3304 and 3309.5

Personnel Investigations. A. An employee who is under investigation for an action ac- tion or incident which is likely to result in formal adverse action shall be normally notified, at least twenty-four (24) hours prior to the investigative interviewin- terview, simultaneously, in writing, of both the subject sub- ject matter and his/her right to representation prior to any interrogation,fact- , fact-finding, investigatory interviewin- terview, or shooting review board, or similarly-purposed pur- posed discussion which has the potential of obtaining information which, if found to be true, could or is likely to result in formal adverse action. The employee will be given a reasonable opportunity opportu- nity to secure the representative of his/her choice. B. If an employee is called to an investigatory interview inter- view and the employee reasonably believes the subject matter of the investigation is such that the employee could possibly receive discipline, the employee, at his or her request, shall be given a reasonable opportunity to secure a representative of his/her choice. C. The employee will be provided with a copy of all documents and/or other investigatory material in accordance with the Public Safety Officers Procedural Bill Proce- xxxxx Xxxx of Rights (POBR) and any current or subsequent sub- sequent court decisions which impact or alter Government Code Section 3300, et seq. D. Whenever a xxxx/inmate/parolee/patient files or submits a grievance, a 602 (“Inmate Appeal”), any written complaint, or verbal complaint which is later reduced to writing by either the inmate or the State, which, if found true, could result in adverse action against the employee or contain a threat against the employee, the Department agrees to immediately immedi- ately notice the employee of said filing. The State agrees to provide the affected employee a copy of said document if the employee so requests. This is not intended to preclude the informal level response re- sponse procedure in the current CDC Operations Manual. Upon the employee’s request, a copy of the outcome of the xxxx/inmate/parolee/patient’s complaint shall be provided, if the complaint has progressed beyond the informal stage. The Em- ployer and CCPOA agree that all video tapes, au- dio tapes or any other kind of memorialization of an inmate/xxxx/parolee/patient statement or com- plaint shall be treated as a writing within the mean- ing of this subsection. The tapes or “writings” shall be turned over, regardless of whether the com- plaint/statement is deemed “inmate/xxxx/parolee/ patient initiated” or not. E. However, whenever the Department is conducting an investigation which necessitates surveillance, obtaining a search warrant, undercover operations, or a “sting,” the employer need not inform the employee of the written complaint until the investigation inves- tigation is completed. F. The State agrees that any Unit 6 member under investigation shall be granted an opportunity to view the cell extraction videotape with his/her representative rep- resentative prior to the related investigatory interviewinter- view. Management can have a representative present at the viewing to ensure the integrity of the tape, but the management’s representative shall not be so close as to intrude in a private communicationcommu- nication. G. The Departments acknowledge their obligation to complete all Unit 6 personnel investigations within twelve (12) months under the terms and exceptions excep- tions of Government Code Sections 3304 and 3309.5

Personnel Investigations. A. An employee who is under investigation for an action or incident which is likely to result in formal adverse action shall be normally notified, at least twenty-four (24) hours prior to the investigative interview, simultaneously, in writing, of both the subject matter and his/her their right to representation prior to any interrogation,fact- , fact-finding, investigatory interview, or shooting review board, or similarly-purposed discussion which has the potential of obtaining information which, if found to be true, could or is likely to result in formal adverse action. The employee will be given a reasonable opportunity to secure the representative of his/her their choice. B. If an employee is called to an investigatory interview and the employee reasonably believes the subject matter of the investigation is such that the employee could possibly receive discipline, the employee, at his or his/her their request, shall be given a reasonable opportunity to secure a representative of his/her their choice. In the event of an incident (shooting or use of force) that requires an immediate investigation by the Deadly Force Investigation Team (DFIT) or Office of Internal Affairs (OIA), the affected Hiring Authority will notify the appropriate local CCPOA representative as soon as possible of the incident and the activation of DFIT/OIA. C. The employee will be provided with a copy of all documents and/or other investigatory material in accordance with the Public Safety Officers Procedural Bill Xxxx of Rights (POBR) and any current or subsequent court decisions which impact or alter Government Code Section 3300, et seq. D. Whenever a xxxx/inmate/parolee/patient files or submits a grievance, a 602 (“Inmate Appeal”), any written complaint, or verbal complaint which is later reduced to writing by either the inmate or the State, which, if found true, could result in adverse action against the employee or contain a threat against the employee, the Department agrees to immediately notice the employee of said filing. The State agrees to provide the affected employee a copy of said document if the employee so requests. This is not intended to preclude the informal level response procedure in the current CDC CDCR Operations Manual. Upon the employee’s request, a copy of the outcome of the xxxx/inmate/parolee/patient’s complaint shall be provided, if the complaint has progressed beyond the informal stage. The Employer and CCPOA agree that all video tapes, audio recordings or any other kind of memorialization of an inmate/xxxx/parolee/patient statement or complaint shall be treated as a writing within the meaning of this subsection. The video tapes and/or audio recordings or “writings” shall be turned over, regardless of whether the complaint/statement is deemed “inmate/xxxx/parolee/patient initiated” or not. E. However, whenever the Department is conducting an investigation which necessitates surveillance, obtaining a search warrant, undercover operations, or a “sting,” the employer need not inform the employee of the written complaint until the investigation is completed. F. The State agrees that any Unit 6 member under investigation shall be granted an opportunity to view the cell extraction videotape with his/her their representative prior to the related investigatory interview. Management can have a representative present at the viewing to ensure the integrity of the tape, but the management’s representative shall not be so close as to intrude in a private communication. G. The Departments acknowledge their obligation to complete all Unit 6 personnel investigations within twelve (12) months under the terms and exceptions of Government Code Sections 3304 and 3309.5

Personnel Investigations. A. An employee who is under investigation for an action or incident which is likely to result in formal adverse action shall be normally notified, at least twenty-four (24) hours prior to the investigative interview, simultaneously, in writing, of both the subject matter and his/her right to representation prior to any interrogation,, fact- finding, investigatory interview, or shooting review board, or similarly-purposed discussion which has the potential of obtaining information which, if found to be true, could or is likely to result in formal adverse action. The employee will be given a reasonable opportunity to secure the representative of his/her choice. B. If an employee is called to an investigatory interview and the employee reasonably believes the subject matter of the investigation is such that the employee could possibly receive discipline, the employee, at his or her request, shall be given a reasonable opportunity to secure a representative of his/her choice. In the event of an incident (shooting or use of force) that requires an immediate investigation by the Deadly Force Investigation Team (DFIT) or Office of Internal Affairs (OIA), the affected Hiring Authority will notify the appropriate local CCPOA representative as soon as possible of the incident and the activation of DFIT/OIA. C. The employee will be provided with a copy of all documents and/or other investigatory material in accordance with the Public Safety Officers Procedural Bill Xxxx of Rights (POBR) and any current or subsequent court decisions which impact or alter Government Code Section 3300, et seq. D. Whenever a xxxx/inmate/parolee/patient files or submits a grievance, a 602 (“Inmate Appeal”), any written complaint, or verbal complaint which is later reduced to writing by either the inmate or the State, which, if found true, could result in adverse action against the employee or contain a threat against the employee, the Department agrees to immediately notice the employee of said filing. The State agrees to provide the affected employee a copy of said document if the employee so requests. This is not intended to preclude the informal level response procedure in the current CDC CDCR Operations Manual. Upon the employee’s request, a copy of the outcome of the xxxx/inmate/parolee/patient’s complaint shall be provided, if the complaint has progressed beyond the informal stage. E. However. The Employer and CCPOA agree that all video tapes, whenever the Department is conducting audio recordings or any other kind of memorialization of an investigation which necessitates surveillance, obtaining a search warrant, undercover operations, inmate/xxxx/parolee/patient statement or a “sting,” the employer need not inform the employee of the written complaint until the investigation is completed. F. The State agrees that any Unit 6 member under investigation shall be granted an opportunity to view treated as a writing within the cell extraction videotape with hismeaning of this subsection. The video tapes and/or audio recordings or “writings” shall be turned over, regardless of whether the complaint/her representative prior to the related investigatory interview. Management can have a representative present at the viewing to ensure the integrity of the tape, but the management’s representative shall not be so close as to intrude in a private communicationstatement is deemed “inmate/xxxx/parolee/patient initiated” or not. G. The Departments acknowledge their obligation to complete all Unit 6 personnel investigations within twelve (12) months under the terms and exceptions of Government Code Sections 3304 and 3309.5

Personnel Investigations. A. An employee who is under investigation for an action or incident which is likely to result in formal adverse action shall be normally notified, at least twenty-four (24) hours prior to the investigative interview, simultaneously, in writing, of both the subject matter and his/her right to representation prior to any interrogation,, fact- finding, investigatory interview, or shooting review board, or similarly-purposed discussion which has the potential of obtaining information which, if found to be true, could or is likely to result in formal adverse action. The employee will be given a reasonable opportunity to secure the representative of his/her choice. B. If an employee is called to an investigatory interview and the employee reasonably believes the subject matter of the investigation is such that the employee could possibly receive discipline, the employee, at his or her request, shall be given a reasonable opportunity to secure a representative of his/her choice. In the event of an incident (shooting or use of force) that requires an immediate investigation by the Deadly Force Investigation Team (DFIT) or Office of Internal Affairs (OIA), the affected Hiring Authority will notify the appropriate local CCPOA representative as soon as possible of the incident and the activation of DFIT/OIA. C. The employee will be provided with a copy of all documents and/or other investigatory material in accordance with the Public Safety Officers Procedural Bill Xxxx of Rights (POBR) and any current or subsequent court decisions which impact or alter Government Code Section 3300, et seq. D. Whenever a xxxx/inmate/parolee/patient files or submits a grievance, a 602 (“Inmate Appeal”), any written complaint, or verbal complaint which is later reduced to writing by either the inmate or the State, which, if found true, could result in adverse action against the employee or contain a threat against the employee, the Department agrees to immediately notice the employee of said filing. The State agrees to provide the affected employee a copy of said document if the employee so requests. This is not intended to preclude the informal level response procedure in the current CDC CDCR Operations Manual. Upon the employee’s request, a copy of the outcome of the xxxx/inmate/parolee/patient’s complaint shall be provided, if the complaint has progressed beyond the informal stage. The Employer and CCPOA agree that all video tapes, audio tapes or any other kind of memorialization of an inmate/xxxx/parolee/patient statement or complaint shall be treated as a writing within the meaning of this subsection. The tapes or “writings” shall be turned over, regardless of whether the complaint/statement is deemed “inmate/xxxx/parolee/patient initiated” or not. E. However, whenever the Department is conducting an investigation which necessitates surveillance, obtaining a search warrant, undercover operations, or a “sting,” the employer need not inform the employee of the written complaint until the investigation is completed. F. The State agrees that any Unit 6 member under investigation shall be granted an opportunity to view the cell extraction videotape with his/her representative prior to the related investigatory interview. Management can have a representative present at the viewing to ensure the integrity of the tape, but the management’s representative shall not be so close as to intrude in a private communication. G. The Departments acknowledge their obligation to complete all Unit 6 personnel investigations within twelve (12) months under the terms and exceptions of Government Code Sections 3304 and 3309.5