Common use of POLICE OFFICERS’ XXXX OF RIGHTS Clause in Contracts

POLICE OFFICERS’ XXXX OF RIGHTS. 1. No officer shall be discharged, suspended or disciplined except for just cause. Before an officer is suspended for a period in excess of five (5) days, involuntarily demoted, or terminated, the University Police Department shall conduct an interview with the officer at which time the officer will be informed of the reasons for the interview and the officer may respond. 2. Reasons for discipline shall be put in writing and Rutgers shall provide a copy of any written reprimand, notice of suspension, involuntary demotion or termination to the officer and the FOP-P. In cases of suspension, the length of the suspension will be stated in the notice. 3. In the case of any disciplinary action, the sole right and remedy under this Agreement shall be to file a grievance through and in accordance with the grievance procedure. 4. An officer being formally questioned by the Hearing Board or a superior officer investigating his/her alleged violation of the Weapons Policy shall be entitled to have FOP-P representation during such questioning. 5. An officer being formally questioned after investigation of a complaint arising outside the University Police Department shall be entitled to have FOP-P representation during such questioning. The officer will be informed of the nature of the investigation and of the name and the address of the complainant, if known, before such questioning commences. Rutgers will make a reasonable effort to ascertain such address. The officer's official record will carry a notation of the ultimate disposition of such investigations. 6. When a written complaint or a derogatory memo against an officer is to be placed in his/her personnel file, the officer will be given two (2) copies of the document. The officer shall return one copy, signed and dated, for the file, the signature serving to acknowledge only that he/she has read the document and not necessarily that he/she agrees with the contents thereof. The officer shall have the right to submit to the Chief or his/her designee a written answer which shall be attached to the file. 7. If an officer is under arrest while within the jurisdiction of the University Police Department he/she shall be entitled to the same rights as those of any other citizen. In such case, after charges have been served, the officer shall have the option of requesting the presence of an FOP-P representative before being subject to interrogation. 8. If a University Hearing Board outside the jurisdiction of the University Police Department convenes a hearing to investigate charges against an officer, and the officer is called to appear to answer questions, the following will apply: a. Rutgers shall issue a notice to all parties involved stating the time and place of the hearing and the charges. b. The officer will be given the opportunity to present evidence and argument with respect to the issue. c. The officer shall have the opportunity to cross‑examine witnesses and submit rebuttal evidence. d. The officer may be accompanied by his/her FOP-P representative and/or legal counsel. If the officer will be accompanied by legal counsel, the officer shall inform the Chief before the date of the hearing. 9. If an officer is instructed to write a supplementary report solely because a complaint has been filed against the officer with respect to the incident being reported upon, the officer shall be so informed. 10. If an officer is being questioned about his/her work performance or conduct and if the officer has a reasonable belief that the answers to such questions will result in discipline, then the officer may request that an FOP-P representative be present. 11. For the purpose of this Article, “FOP-P representative” or “FOP-P representation” shall mean a University police officer designated by the FOP-P for that purpose or one chosen by the individual police officer affected.

Appears in 2 contracts

Samples: Collective Bargaining Agreement, Collective Bargaining Agreement

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POLICE OFFICERS’ XXXX OF RIGHTS. 1SECTION 1 It is recognized that the citizen’s complaints against police officers must be investigated in order to preserve the integrity of the profession. No officer This investigation shall be dischargedcarried out in an expeditious and professional manner. Further, suspended or disciplined except for just cause. Before an officer that the Constitutional Rights of those individuals involved shall be preserved. SECTION 2 Whenever a member of the Bargaining Unit is suspended for a period in excess of five (5) days, involuntarily demotedunder investigation, or terminatedsubject to examination or questioning by a commanding and/or the appropriate bureau or unit for any reason which could lead to disciplinary action, transfer or charges, such investigation or questioning shall be conducted under the University Police Department following conditions: A. Members under investigation shall conduct an interview with the officer at which time the officer will be informed of the reasons for the interview and the officer may respond. 2. Reasons for discipline shall be put in writing and Rutgers shall provide a copy of any written reprimand, notice of suspension, involuntary demotion or termination to the officer and the FOP-P. In cases of suspension, the length of the suspension will be stated in the notice. 3. In the case of any disciplinary action, the sole right and remedy under this Agreement shall be to file a grievance through and in accordance with the grievance procedure. 4. An officer being formally questioned by the Hearing Board or a superior officer investigating his/her alleged violation of the Weapons Policy shall be entitled to have FOP-P representation during such questioning. 5. An officer being formally questioned after investigation of a complaint arising outside the University Police Department shall be entitled to have FOP-P representation during such questioning. The officer will be informed of the specific nature of the investigation and will be allowed time to discuss same with a Union Representative if there is reason to believe that disciplinary action or criminal charges may result. Any member required to make a written statement relative to an investigation shall have twenty-four (24) hours to do so. B. Questioning sessions shall be for reasonable periods and shall be timed to allow for personal necessities and rest periods as are reasonably necessary. C. The members under questioning shall not be subject to abusive language. No promise of reward shall be made or an inducement to answering any questions; nor shall their name, home address, or photographs be given to the press or news media without their express consent. D. If a tape recording is made of the name and questioning the address of member shall have access to the complainant, tape if known, before such questioning commences. Rutgers will make a reasonable effort to ascertain such address. The officer's official record will carry a notation of the ultimate disposition of such investigationsany further proceedings are contemplated. 6. When a written complaint E. If the member about to be questioned is under arrest, or a derogatory memo against an officer is likely to be placed in his/her personnel file, the officer will be given two (2) copies under arrest as a result of the documentquestioning, he shall be completely informed of all their constitutional rights prior to the commencement of the questioning. SECTION 3 No member of the bargaining unit shall be required to subject himself to a polygraph examination. The officer A member shall return one copy, signed and dated, not be subject to disciplinary action for the file, the signature serving to acknowledge only that he/she has read the document and not necessarily that he/she agrees with the contents thereof. The officer shall have the right refusal to submit to the Chief or his/her designee a written answer which polygraph examination. SECTION 4 No member of this bargaining unit shall be attached subjected to the filedisciplinary action for appearing before a state or federal grand jury at which he presents testimony under oath and has been sworn to secrecy. 7. If an officer is under arrest while within the jurisdiction SECTION 5 No member of the University Police Department he/she shall this bargaining unit will be entitled to the same rights as those of any other citizen. In such case, after charges have been served, the officer shall have the option of requesting the presence of an FOP-P representative before being subject to interrogationdisciplinary action for taking part in political activity when not on duty and out of uniform (except where prohibited by federal or state laws if such activity adversely reflects on the department). 8. If a University Hearing Board outside the jurisdiction of the University Police Department convenes a hearing to investigate charges against an officer, and the officer is called to appear to answer questions, the following will apply: a. Rutgers shall issue a notice to all parties involved stating the time and place of the hearing and the charges. b. The officer will be given the opportunity to present evidence and argument with respect to the issue. c. The officer shall have the opportunity to cross‑examine witnesses and submit rebuttal evidence. d. The officer may be accompanied by his/her FOP-P representative and/or legal counsel. If the officer will be accompanied by legal counsel, the officer shall inform the Chief before the date of the hearing. 9. If an officer is instructed to write a supplementary report solely because a complaint has been filed against the officer with respect to the incident being reported upon, the officer shall be so informed. 10. If an officer is being questioned about his/her work performance or conduct and if the officer has a reasonable belief that the answers to such questions will result in discipline, then the officer may request that an FOP-P representative be present. 11. For the purpose of this Article, “FOP-P representative” or “FOP-P representation” shall mean a University police officer designated by the FOP-P for that purpose or one chosen by the individual police officer affected.

Appears in 1 contract

Samples: Collective Bargaining Agreement

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POLICE OFFICERS’ XXXX OF RIGHTS. 1. No officer shall be discharged, suspended or disciplined except for just cause. Before an officer is suspended for a period in excess of five (5) days, involuntarily demoted, or terminated, the University Police Department shall conduct an interview with the officer at which time the officer will be informed of the reasons for the interview and the officer may respond. 2. Reasons for discipline shall be put in writing and Rutgers shall provide a copy of any written reprimand, notice of suspension, involuntary demotion or termination to the officer and the FOP-P. In cases of suspension, the length of the suspension will be stated in the notice. 3. In the case of any disciplinary action, the sole right and remedy under this Agreement shall be to file a grievance through and in accordance with the grievance procedure. 4. An officer being formally questioned by the Hearing Board or a superior officer investigating his/her alleged violation of the Weapons Policy shall be entitled to have FOP-P representation during such questioning. 5. An officer being formally questioned after investigation of a complaint arising outside the University Police Department shall be entitled to have FOP-P representation during such questioning. The officer will be informed of the nature of the investigation and of the name and the address of the complainant, if known, before such questioning commences. Rutgers will make a reasonable effort to ascertain such address. The officer's official record will carry a notation of the ultimate disposition of such investigations. 6. When a written complaint or a derogatory memo against an officer is to be placed in his/her personnel file, the officer will be given two (2) copies of the document. The officer shall return one copy, signed and dated, for the file, the signature serving to acknowledge only that he/she has read the document and not necessarily that he/she agrees with the contents thereof. The officer shall have the right to submit to the Chief or his/her designee a written answer which shall be attached to the file. 7. If an officer is under arrest while within the jurisdiction of the University Police Department he/she shall be entitled to the same rights as those of any other citizen. In such case, after charges have been served, the officer shall have the option of requesting the presence of an FOP-P representative before being subject to interrogation. 8. If a University Hearing Board outside the jurisdiction of the University Police Department convenes a hearing to investigate charges against an officer, and the officer is called to appear to answer questions, the following will apply: a. Rutgers shall issue a notice to all parties involved stating the time and place of the hearing and the charges. b. The officer will be given the opportunity to present evidence and argument with respect to the issue. c. The officer shall have the opportunity to cross‑examine cross-examine witnesses and submit rebuttal evidence. d. The officer may be accompanied by his/her FOP-P representative and/or legal counsel. If the officer will be accompanied by legal counsel, the officer shall inform the Chief before the date of the hearing. 9. If an officer is instructed to write a supplementary report solely because a complaint has been filed against the officer with respect to the incident being reported upon, the officer shall be so informed. 10. If an officer is being questioned about his/her work performance or conduct and if the officer has a reasonable belief that the answers to such questions will result in discipline, then the officer may request that an FOP-P representative be present. 11. For the purpose of this Article, “FOP-P representative” or “FOP-P representation” shall mean a University police officer designated by the FOP-P for that purpose or one chosen by the individual police officer affected.

Appears in 1 contract

Samples: Collective Bargaining Agreement

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