Common use of Polygraph Examination Clause in Contracts

Polygraph Examination. (A) Polygraph examinations shall be administered by the Polygraph Section of the Division of Police unless the Chief of Police decides to have the polygraph administered by another agency. Members may be given a polygraph examination only if they are the primary focus of an investigation, known witness to an incident, or at the member's written (B) Pursuant to adoption by the State Employment Relations Board of a Settlement Agreement reached between the Lodge and the City in Case No. 02-ULP-10-0657, the following provisions apply to the conduct of polygraph examinations: (1) During the actual polygraph examination, a Lodge Representative will be able to observe the examination from a different location (e.g., one-way mirror, audio-video feed); (2) The member’s Lodge Representative shall, upon the request of the member, be permitted to be in the room during the pre-test and post-test phases of the polygraph examination; (3) During the pre-test phase, the member’s Lodge Representative will remain out of the line of sight of the member; the member’s Lodge Representative will raise any objections to the questions at the end of the pre-test phase and shall not engage in any action that creates a distraction or interferes with this phase of the examination; (4) The member shall be permitted to take breaks and consult with his/her Lodge Representative during any phase of the polygraph examination, providing such breaks do not cause a distraction to or interfere with the polygraph examination; (5) None of the information obtained during the pre-interview phase will be used in any disciplinary action against the member, unless the information obtained is related to criminal misconduct. The polygraph examiner may use information during the pre-interview phase to authenticate the polygraph examination; (6) The test questions to be asked during the testing phase of the polygraph examination shall be reviewed with the member and Lodge Representative prior to the testing phase. Any objections of the member or Lodge Representative to the test questions shall be noted. If the polygraph examiner asks the member questions which deviate from the questions reviewed prior to the testing phase, the Lodge Representative may interrupt the questioning and make objection to any questions which deviate from the questions reviewed prior to the test; and (7) When Lodge representation has been requested by a member, the polygraph examination will not be conducted without the Lodge Representative being present.

Polygraph Examination. (A) Polygraph examinations examinations, shall be administered by the Polygraph Section of the Division of Police unless the Chief of Police decides to have the polygraph administered by another agency. Members may be given a polygraph examination only if they are the primary focus of an investigation, known witness to an incident, or at the member's writtenwritten request directly to the Chief of Police. No polygraph shall be given in an incident that could not amount to a violation of law, unless requested by the member. In any investigation involving a complainant, a member shall not be ordered to submit to a polygraph unless the complainant takes a polygraph and the results of the polygraph support the complaint against the member. No polygraph shall be given without the advance written approval of the Chief of Police. The results of this examination cannot be used in any subsequent criminal action unless properly stipulated prior to the giving of such examination in accordance with the laws of the State of Ohio. Further, the results of this examination cannot be used in any subsequent disciplinary action, unless the City can produce additional evidence to corroborate the allegations and provided further that the provisions of Section 8.10 shall apply to polygraph. (B) Pursuant to adoption by the State Employment Relations Board of a Settlement Agreement reached between the Lodge and the City in Case No. 02-ULP-10-0657, the The following provisions apply to the conduct of polygraph examinations: (1) During the actual polygraph examination, a Lodge Representative will be able to observe the examination from a different location (e.g., one-way mirror, audio-video feed); (2) The member’s Lodge Representative shall, upon the request of the member, be permitted to be in the room during the pre-test and post-post- test phases of the polygraph examination; (3) During the pre-test phase, the member’s Lodge Representative will remain out of the line of sight of the member; the member’s Lodge Representative will raise any objections to the questions at the end of the pre-test phase and shall not engage in any action that creates a distraction or interferes with this phase of the examination; (4) The member shall be permitted to take breaks and consult with his/her Lodge Representative during any phase of the polygraph examination, providing such breaks do not cause a distraction to or interfere with the polygraph examination; (5) None of the information obtained during the pre-interview phase will be used in any disciplinary action against the member, unless the information obtained is related to criminal misconduct. The polygraph examiner may use information during the pre-interview phase to authenticate the polygraph examination; (6) The test questions to be asked during the testing phase of the polygraph examination shall be reviewed with the member and Lodge Representative prior to the testing phase. Any objections of the member or Lodge Representative to the test questions shall be noted. If the polygraph examiner asks the member questions which deviate from the questions reviewed prior to the testing phase, the Lodge Representative may interrupt the questioning and make objection to any questions which deviate from the questions reviewed prior to the test; and (7) When Lodge representation has been requested by a member, the polygraph examination will not be conducted without the Lodge Representative being present.

Polygraph Examination. (A) Polygraph examinations examinations, shall be administered by the Polygraph Section of the Division of Police unless the Chief of Police decides to have the polygraph administered by another agency. Members may be given a polygraph examination only if they are the primary focus of an investigation, known witness to an incident, or at the member's written’s written request directly to the Chief of Police. No polygraph shall be given in an incident that could not amount to a violation of law, unless requested by the member. In any investigation involving a complainant, a member shall not be ordered to submit to a polygraph unless the complainant takes a polygraph and the results of the polygraph support the complaint against the member. No polygraph shall be given without the advance written approval of the Chief of Police. The results of this examination cannot be used in any subsequent criminal action unless properly stipulated prior to the giving of such examination in accordance with the laws of the State of Ohio. Further, the results of this examination cannot be used in any subsequent disciplinary action, unless the City can produce additional evidence to corroborate the allegations and provided further that the provisions of Section 8.10 shall apply to polygraph. [Note: The first yellow-shaded sentence could be somewhat problematic because the presumption in favor of using the Police Department’s Polygraph Section conveys the impression that “the fox is guarding the henhouse.” The second yellow-shaded sentence seems odd and almost a bit juvenile. These are probably not large areas of concern. Check out this blog about lie-detectors generally: xxxxx://xxx.xxxx.xxx/blog/privacy- technology/how-lie-detectors-enable-racial-bias] (B) Pursuant to adoption by the State Employment Relations Board of a Settlement Agreement reached between the Lodge and the City in Case No. 02-ULP-10-0657, the The following provisions apply to the conduct of polygraph examinations: (1) During the actual polygraph examination, a Lodge Representative will be able to observe the examination from a different location (e.g., one-way mirror, audio-video feed); (2) The member’s Lodge Representative shall, upon the request of the member, be permitted to be in the room during the pre-test and post-test phases of the polygraph examination; (3) During the pre-test phase, the member’s Lodge Representative will remain out of the line of sight of the member; the member’s Lodge Representative will raise any objections to the questions at the end of the pre-test phase and shall not engage in any action that creates a distraction or interferes with this phase of the examination; (4) The member shall be permitted to take breaks and consult with his/her Lodge Representative during any phase of the polygraph examination, providing such breaks do not cause a distraction to or interfere with the polygraph examination; (5) None of the information obtained during the pre-interview phase will be used in any disciplinary action against the member, unless the information obtained is related to criminal misconduct. The polygraph examiner may use information during the pre-interview phase to authenticate the polygraph examination; (6) The test questions to be asked during the testing phase of the polygraph examination shall be reviewed with the member and Lodge Representative prior to the testing phase. Any objections of the member or Lodge Representative to the test questions shall be noted. If the polygraph examiner asks the member questions which deviate from the questions reviewed prior to the testing phase, the Lodge Representative may interrupt the questioning and make objection to any questions which deviate from the questions reviewed prior to the test; and (7) When Lodge representation has been requested by a member, the polygraph examination will not be conducted without the Lodge Representative being present.

Polygraph Examination. (A) Polygraph examinations shall be administered by the Polygraph Section of the Division of Police unless the Chief of Police decides to have the polygraph administered by another agency. Members may be given a polygraph examination only if they are the primary focus of an investigation, known witness to an incident, or at the member's writtenwritten request directly to the Chief of Police. No polygraph examination shall be given in an incident that could not amount to a violation of law, unless requested by the member. In any investigation involving a complainant, a member shall not be ordered to submit to a polygraph examination unless the complainant takes a polygraph examination and the results of the polygraph support the complaint against the member. No polygraph examination shall be given without the advance written approval of the Chief of Police. The results of this examination cannot be used in any subsequent criminal action unless properly stipulated prior to the giving of such examination in accordance with the laws of the State of Ohio. Further, the results of this examination cannot be used in any subsequent disciplinary action, unless the City can produce additional evidence to corroborate the allegations and provided further that the provisions of Section 8.10 shall apply to polygraph examinations. (B) Pursuant to adoption by the State Employment Relations Board of a Settlement Agreement reached between the Lodge and the City in Case No. 02-ULP-10-0657, the following provisions apply to the conduct of polygraph examinations: (1) During the actual polygraph examination, a Lodge Representative will be able to observe the examination from a different location (e.g., one-way mirror, audio-video feed); (2) The member’s Lodge Representative shall, upon the request of the member, be permitted to be in the room during the pre-test and post-test phases of the polygraph examination; (3) During the pre-test phase, the member’s Lodge Representative will remain out of the line of sight of the member; the member’s Lodge Representative will raise any objections to the questions at the end of the pre-test phase and shall not engage in any action that creates a distraction or interferes with this phase of the examination; (4) The member shall be permitted to take breaks and consult with his/her Lodge Representative during any phase of the polygraph examination, providing such breaks do not cause a distraction to or interfere with the polygraph examination; (5) None of the information obtained during the pre-interview phase will be used in any disciplinary action against the member, unless the information obtained is related to criminal misconduct. The polygraph examiner may use information during the pre-interview phase to authenticate the polygraph examination; (6) The test questions to be asked during the testing phase of the polygraph examination shall be reviewed with the member and Lodge Representative prior to the testing phase. Any objections of the member or Lodge Representative to the test questions shall be noted. If the polygraph examiner asks the member questions which deviate from the questions reviewed prior to the testing phase, the Lodge Representative may interrupt the questioning and make objection to any questions which deviate from the questions reviewed prior to the test; and (7) When Lodge representation has been requested by a member, the polygraph examination will not be conducted without the Lodge Representative being present.

Polygraph Examination. (A) Polygraph examinations examinations, shall be administered by the Polygraph Section of the Division of Police unless the Chief of Police decides to have the polygraph administered by another agency. Members may be given a polygraph examination only if they are the primary focus of an investigation, known witness to an incident, or at the member's written’s written request directly to the Chief of Police. No polygraph shall be given in an incident that could not amount to a violation of law, unless requested by the member. In any investigation involving a complainant, a member shall not be ordered to submit to a polygraph unless the complainant takes a polygraph and the results of the polygraph support the complaint against the member. No polygraph shall be given without the advance written approval of the Chief of Police. The results of this examination cannot be used in any subsequent criminal action unless properly stipulated prior to the giving of such examination in accordance with the laws of the State of Ohio. Further, the results of this examination cannot be used in any subsequent disciplinary action, unless the City can produce additional evidence to corroborate the allegations and provided further that the provisions of Section 8.10 shall apply to polygraph. [Note: The first yellow-shaded sentence could be somewhat problematic because the presumption in favor of using the Police Department’s Polygraph Section conveys the impression that “the fox is guarding the henhouse.” The second yellow-shaded sentence seems odd and almost a bit juvenile. These are probably not large areas of concern. Check out this blog about lie-detectors generally: xxxxx://xxx.xxxx.xxx/blog/privacy- technology/how-lie-detectors-enable-racial-bias] (B) Pursuant to adoption by the State Employment Relations Board of a Settlement Agreement reached between the Lodge and the City in Case No. 02-ULP-10-0657, the The following provisions apply to the conduct of polygraph examinations: (1) During the actual polygraph examination, a Lodge Representative will be able to observe the examination from a different location (e.g., one-way mirror, audio-video feed); (2) The member’s Lodge Representative shall, upon the request of the member, be permitted to be in the room during the pre-test and post-test phases of the polygraph examination; (3) During the pre-test phase, the member’s Lodge Representative will remain out of the line of sight of the member; the member’s Lodge Representative will raise any objections to the questions at the end of the pre-test phase and shall not engage in any action that creates a distraction or interferes with this phase of the examination; (4) The member shall be permitted to take breaks and consult with his/her Lodge Representative during any phase of the polygraph examination, providing such breaks do not cause a distraction to or interfere with the polygraph examination; (5) None of the information obtained during the pre-interview phase will be used in any disciplinary action against the member, unless the information obtained is related to criminal misconduct. The polygraph examiner may use information during the pre-interview phase to authenticate the polygraph examination; (6) The test questions to be asked during the testing phase of the polygraph examination shall be reviewed with the member and Lodge Representative prior to the testing phase. Any objections of the member or Lodge Representative to the test questions shall be noted. If the polygraph examiner asks the member questions which deviate from the questions reviewed prior to the testing phase, the Lodge Representative may interrupt the questioning and make objection to any questions which deviate from the questions reviewed prior to the test; and (7) When Lodge representation has been requested by a member, the polygraph examination will not be conducted without the Lodge Representative being present.

Polygraph Examination. (A) Polygraph examinations examinations, shall be administered by the Polygraph Section of the Division of Police unless the Chief of Police decides to have the polygraph administered by another agency. Members may be given a polygraph examination only if they are the primary focus of an investigation, known witness to an incident, or at the member's writtenwritten request directly to the Chief of Police. No polygraph shall be given in an incident that could not amount to a violation of law, unless requested by the member. In any investigation involving a complainant, a member shall not be ordered to submit to a polygraph unless the complainant takes a polygraph and the results of the polygraph support the complaint against the member. No polygraph shall be given without the advance written approval of the Chief of Police. The results of this examination cannot be used in any subsequent criminal action unless properly stipulated prior to the giving of such examination in accordance with the laws of the State of Ohio. Further, the results of this examination cannot be used in any subsequent disciplinary action, unless the City can produce additional evidence to corroborate the allegations and provided further that the provisions of Section 8.10 shall apply to polygraph. (B) Pursuant to adoption by the State Employment Relations Board of a Settlement Agreement reached between the Lodge and the City in Case No. 02-ULP-10-0657, the Tthe following provisions apply to the conduct of polygraph examinations: (1) During the actual polygraph examination, a Lodge Representative will be able to observe the examination from a different location (e.g., one-way mirror, audio-video feed); (2) The member’s Lodge Representative shall, upon the request of the member, be permitted to be in the room during the pre-test and post-test phases of the polygraph examination; (3) During the pre-test phase, the member’s Lodge Representative will remain out of the line of sight of the member; the member’s Lodge Representative will raise any objections to the questions at the end of the pre-test phase and shall not engage in any action that creates a distraction or interferes with this phase of the examination; (4) The member shall be permitted to take breaks and consult with his/her Lodge Representative during any phase of the polygraph examination, providing such breaks do not cause a distraction to or interfere with the polygraph examination; (5) None of the information obtained during the pre-interview phase will be used in any disciplinary action against the member, unless the information obtained is related to criminal misconduct. The polygraph examiner may use information during the pre-interview phase to authenticate the polygraph examination; (6) The test questions to be asked during the testing phase of the polygraph examination shall be reviewed with the member and Lodge Representative prior to the testing phase. Any objections of the member or Lodge Representative to the test questions shall be noted. If the polygraph examiner asks the member questions which deviate from the questions reviewed prior to the testing phase, the Lodge Representative may interrupt the questioning and make objection to any questions which deviate from the questions reviewed prior to the test; and (7) When Lodge representation has been requested by a member, the polygraph examination will not be conducted without the Lodge Representative being present.

Polygraph Examination. ‌ (A) Polygraph examinations examinations, shall be administered by the Polygraph Section of the Division of Police unless the Chief of Police decides to have the polygraph administered by another agency. Members may be given a polygraph examination only if they are the primary focus of an investigation, known witness to an incident, or at the member's writtenwritten request directly to the Chief of Police. No polygraph shall be given in an incident that could not amount to a violation of law, unless requested by the member. In any investigation involving a complainant, a member shall not be ordered to submit to a polygraph unless the complainant takes a polygraph and the results of the polygraph support the complaint against the member. No polygraph shall be given without the advance written approval of the Chief of Police. The results of this examination cannot be used in any subsequent criminal action unless properly stipulated prior to the giving of such examination in accordance with the laws of the State of Ohio. Further, the results of this examination cannot be used in any subsequent disciplinary action, unless the City can produce additional evidence to corroborate the allegations and provided further that the provisions of Section 8.10 shall apply to polygraph. (B) Pursuant to adoption by the State Employment Relations Board of a Settlement Agreement reached between the Lodge and the City in Case No. 02-ULP-10-0657, the The following provisions apply to the conduct of polygraph examinations: (1) During the actual polygraph examination, a Lodge Representative will be able to observe the examination from a different location (e.g., one-way mirror, audio-video feed); (2) The member’s Lodge Representative shall, upon the request of the member, be permitted to be in the room during the pre-test and post-post- test phases of the polygraph examination; (3) During the pre-test phase, the member’s Lodge Representative will remain out of the line of sight of the member; the member’s Lodge Representative will raise any objections to the questions at the end of the pre-test phase and shall not engage in any action that creates a distraction or interferes with this phase of the examination; (4) The member shall be permitted to take breaks and consult with his/her Lodge Representative during any phase of the polygraph examination, providing such breaks do not cause a distraction to or interfere with the polygraph examination; (5) None of the information obtained during the pre-interview phase will be used in any disciplinary action against the member, unless the information obtained is related to criminal misconduct. The polygraph examiner may use information during the pre-interview phase to authenticate the polygraph examination; (6) The test questions to be asked during the testing phase of the polygraph examination shall be reviewed with the member and Lodge Representative prior to the testing phase. Any objections of the member or Lodge Representative to the test questions shall be noted. If the polygraph examiner asks the member questions which deviate from the questions reviewed prior to the testing phase, the Lodge Representative may interrupt the questioning and make objection to any questions which deviate from the questions reviewed prior to the test; and (7) When Lodge representation has been requested by a member, the polygraph examination will not be conducted without the Lodge Representative being present.

Polygraph Examination. (A) Polygraph examinations examinations, shall not be administered to bargaining unit members. by the Polygraph Section of the Division of Police unless the Chief of Police decides to have the polygraph administered by another agency. Members may be given a polygraph examination only if they are the primary focus of an investigation, known witness to an incident, or at the member's writtenwritten request directly to the Chief of Police. No (B) Pursuant to adoption by the State Employment Relations Board of a Settlement Agreement reached between the Lodge and the City in Case No. 02-ULP-10-0657, the The following provisions apply to the conduct of polygraph examinations: (1) During the actual polygraph examination, a Lodge Representative will be able to observe the examination from a different location (e.g., one-way mirror, audio-video feed); (2) The member’s Lodge Representative shall, upon the request of the member, be permitted to be in the room during the pre-test and post-test phases of the polygraph examination; (3) During the pre-test phase, the member’s Lodge Representative will remain out of the line of sight of the member; the member’s Lodge Representative will raise any objections to the questions at the end of the pre-test phase and shall not engage in any action that creates a distraction or interferes with this phase of the examination; (4) The member shall be permitted to take breaks and consult with his/her Lodge Representative during any phase of the polygraph examination, providing such breaks do not cause a distraction to or interfere with the polygraph examination; (5) None of the information obtained during the pre-interview phase will be used in any disciplinary action against the member, unless the information obtained is related to criminal misconduct. The polygraph examiner may use information during the pre-interview phase to authenticate the polygraph examination; (6) The test questions to be asked during the testing phase of the polygraph examination shall be reviewed with the member and Lodge Representative prior to the testing phase. Any objections of the member or Lodge Representative to the test questions shall be noted. If the polygraph examiner asks the member questions which deviate from the questions reviewed prior to the testing phase, the Lodge Representative may interrupt the questioning and make objection to any questions which deviate from the questions reviewed prior to the test; and (7) When Lodge representation has been requested by a member, the polygraph examination will not be conducted without the Lodge Representative being present.