Common use of Potential Discipline Situations Clause in Contracts

Potential Discipline Situations. Any employee who will be interviewed at a disciplinary interview concerning an act which, if proven, could reasonably result in disciplinary action involving loss of pay or dismissal, will be afforded the following safeguards: 1. The employee and the Association will be informed that a formal investigation is commencing, unless the employee is under investigation for violation of the Controlled Substance Act, or violations which are punishable as felonies or misdemeanors under law, or if doing so would jeopardize either the criminal or administrative investigation. 2. At least seventy-two (72) hours prior to a disciplinary interview by the City of an employee, the result of which could be that the City may impose an economic sanction upon the employee as a result of the underlying incident, the employee and the Association will be informed, in writing, of the nature of the investigation and the specific allegations, policies, procedures and/or laws which form the basis for the investigation at that time; the employee will be afforded the opportunity to consult with an Association representative; and the employee and the Association will be provided all available materials the City possesses related to the investigation, unless the City elects to provide a written statement of essential facts which would support any contemplated basis of discipline. When releasing information to the employee and the Association, the City may place conditions on disclosure of witness statements under circumstances where the conditions are warranted in order to limit risk of claims or aggravation of difficult circumstances in the work place or in the City’s relationship with a victim. In such event, the City and the Association shall cooperate to meet appropriate investigative and due process needs. The employee shall be allowed the right to have an Association representative present during the interview. The opportunity to have the Association representative present at the interview shall not delay the interview more than four (4) hours, except for minor complaints (incidents for which no more than a verbal warning may result) which may be handled immediately when a representative is not readily available. However, if in the course of the interview it appears as if a more serious disciplinary problem has developed, the employee will be allowed up to four (4) hours to obtain a representative to be present at the interview. 3. All interviews shall take place at Department facilities, or elsewhere if mutually agreed, unless an emergency exists which requires the interview to be conducted elsewhere. 4. The City shall make a reasonable good faith effort to conduct these interviews during the employee’s regularly scheduled shift, except for emergencies. However, where the Chief or the Chief’s designee is a party to the interview, the City may schedule the interview outside the employee’s regular working hours as long as the appropriate overtime payments are made to the employee. Where an employee is working on a graveyard shift, the City will endeavor to conduct the interview contiguously to the employee’s shift, and the appropriate overtime or irregular hours payments shall be made to the employee. 5. The employee will be directed to answer any questions specifically involving the non-criminal matter(s) under investigation and will be afforded all rights and privileges to which they are entitled under the laws of the State of Oregon or the United States of America. 6. The employee shall be entitled to such reasonable intermissions as may be requested for personal necessities. 7. All interviews shall be limited in scope to activities, circumstances, events, conduct or acts which pertain to the incident which is the subject of the investigation. Nothing in this section shall prohibit the City from questioning the employee about information which is developed during the course of the interview. 8. The City shall tape record the interview and a copy of the complete interview of the employee shall be furnished, upon request, to the Association. If the interviewed employee is subsequently disciplined, the recording shall be transcribed by the City, and the employee and the Association shall be provided a copy thereof. 9. Interviews and investigations shall be concluded without unreasonable delay. 10. The employee and the Association shall be notified in writing of the results of any investigation, and for non-criminal investigations, those results must be presented in writing to the employee and the Association within forty- five (45) days from discovery by the City of the basis of discipline. If not, the employee will be exonerated of all charges.

Potential Discipline Situations. Any employee who will be interviewed at a disciplinary interview concerning an act which, if proven, could reasonably result in disciplinary action involving loss of pay or dismissal, will be afforded the following safeguards: 1. The employee and the Association will be informed that a formal investigation is commencing, unless the employee is under investigation for violation of the Controlled Substance Act, or violations which are punishable as felonies or misdemeanors under law, or if doing so would jeopardize either the criminal or administrative investigation. 2. At least seventy-two (72) hours prior to a disciplinary interview by the City of an employee, the result of which could be that the City may impose an economic sanction upon the employee as a result of the underlying incident, the employee and the Association will be informed, in writing, of the nature of the investigation and the specific allegations, policies, procedures and/or laws which form the basis for the investigation at that time; the employee will be afforded the opportunity to consult with an Association representative; and the employee and the Association will be provided all available materials the City possesses related to the investigation, unless the City elects to provide a written statement of essential facts which would support any contemplated basis of discipline. When releasing information to the employee and the Association, the City may place conditions on disclosure of witness statements under circumstances where the conditions are warranted in order to limit risk of claims or aggravation of difficult circumstances in the work place or in the City’s relationship with a victim. In such event, the City and the Association shall cooperate to meet appropriate investigative and due process needs. The employee shall be allowed the right to have an Association representative present during the interview. The opportunity to have the Association representative present at the interview shall not delay the interview more than four (4) hours, except for minor complaints (incidents for which no more than a verbal warning may result) which may be handled immediately when a representative is not readily available. However, if in the course of the interview it appears as if a more serious disciplinary problem has developed, the employee will be allowed up to four (4) hours to obtain a representative to be present at the interview. 3. All interviews shall take place at Department facilities, or elsewhere if mutually agreed, unless an emergency exists which requires the interview to be conducted elsewhere. 4. The City shall make a reasonable good faith effort to conduct these interviews during the employee’s regularly scheduled shift, except for emergencies. However, where the Chief or the Chief’s designee is a party to the interview, the City may schedule the interview outside the employee’s regular working hours as long as the appropriate overtime payments are made to the employee. Where an employee is working on a graveyard shift, the City will endeavor to conduct the interview contiguously to the employee’s shift, and the appropriate overtime or irregular hours payments shall be made to the employee. 5. The employee will be directed to answer any questions specifically involving the non-criminal matter(s) under investigation and will be afforded all rights and privileges to which they are entitled under the laws of the State of Oregon or the United States of Americaand federal law. 6. The employee shall be entitled to such reasonable intermissions as may be requested for personal necessities. 7. All interviews shall be limited in scope to activities, circumstances, events, conduct or acts which pertain to the incident which is the subject of the investigation. Nothing in this section shall prohibit the City from questioning the employee about information which is developed during the course of the interview. 8. The City shall tape record the interview and a copy of the complete interview of the employee shall be furnished, upon request, to the Association. If the interviewed employee is subsequently disciplined, the recording shall be transcribed by the City, and the employee and the Association shall be provided a copy thereof. 9. Interviews and investigations shall be concluded without unreasonable delay. 10. The employee and the Association shall be notified in writing of the results of any investigation, and for non-criminal investigations, those results must be presented in writing to the employee and the Association within forty- five (45) days from discovery by the City of the basis of disciplinediscipline except in cases described in paragraphs (B) and (C) of this section, unless the parties otherwise agree. Consent to an extension of time shall not be unreasonably withheld. If not, the employee will be exonerated of all charges.

Potential Discipline Situations. Any employee who will be interviewed at a disciplinary interview concerning an act which, if proven, could reasonably result in disciplinary action involving loss of pay or dismissal, discharge will be afforded the following safeguards: 1. The employee and the Association will be informed that a formal investigation is commencing, unless the employee is under investigation for violation of the Controlled Substance Act, or violations which are punishable as felonies or misdemeanors under law, or if doing so would jeopardize either the criminal or administrative investigation. 2. At least seventy-two (72) hours prior to a disciplinary interview by the City of an employee, the result of which could be that the City may impose an economic sanction upon the employee as a result of the underlying incidentemployee, the employee and the Association will be informed, in writing, of the nature of the investigation and the specific allegations, policies, procedures and/or laws which form the basis for the investigation at that timetime (See Appendix B which is an example); the employee will be afforded the opportunity to consult with an Association representative; and the employee and the Association will be provided all available materials the City possesses related to the investigation, unless the City elects to provide a written statement of essential facts which would support any contemplated basis of discipline. 3. When releasing information to the employee and the Association, the City may place conditions on disclosure of witness statements under circumstances where the conditions are warranted in order to limit risk of claims or aggravation of difficult circumstances in the work place or in the City’s relationship with a victimvictim or when the City can provide a good faith basis that release of information would jeopardize the integrity of the investigation. In such event, the City and the Association shall cooperate to meet appropriate investigative and due process needs. 4. The employee shall be allowed the right to have an Association representative present during the interview. The opportunity to have the Association representative present at the interview shall not normally delay the interview more than twenty-four (424) hours, except for minor complaints (incidents for which no more than a verbal warning counseling may result) which may be handled immediately when a representative is not readily available. However, if in the course of the interview it appears as if a more serious disciplinary problem has developed, the employee will be allowed up to twenty-four (424) hours to obtain a representative to be present at the interview. 35. All interviews shall take place at Department facilities, or elsewhere if mutually agreed, unless an emergency exists which requires the interview to be conducted elsewhere. 46. The City shall make a reasonable good faith effort to conduct these interviews during the employee’s regularly scheduled shift, except for emergencies. However, where the Chief or the Chief’s designee is a party to the interview, the City may schedule the interview outside the employee’s regular working hours as long as the appropriate overtime payments are made to the employee. Where an employee is working on a graveyard shift, the City will endeavor to conduct the interview contiguously to the employee’s shift, and the appropriate overtime or irregular hours payments shall be made to the employee. 57. The employee will be directed to answer any questions specifically involving the non-criminal matter(s) under investigation and will be afforded all rights and privileges to which they are entitled under the laws of the State of Oregon or the United States of America, including a Xxxxxxx notice in the event the investigation involves criminal matter(s). 68. The employee shall be entitled to such reasonable intermissions as may be requested for personal necessities. 79. All interviews shall be limited in scope to activities, circumstances, events, conduct or acts acts, which pertain to the incident incident(s) which is are the subject of the investigation. Nothing in this section Section shall prohibit the City from questioning the employee about information which is developed during the course of the interview. 810. The City shall tape record the interview and a copy of the complete interview of the employee shall be furnished, upon request, to the Association. If the interviewed employee is subsequently disciplined, the recording shall be transcribed by the City, City and the employee and the Association shall be provided a copy thereofcopy. 911. Interviews and investigations shall be concluded without unreasonable delay. 1012. The employee and the Association shall be notified in writing of the results of any investigation, and for non-criminal investigations, those results must be presented in writing to the employee and the Association within forty- five one (451) days year from discovery by the City of the basis of discipline. If not, the employee will be exonerated of all charges.

Potential Discipline Situations. Any employee who will be interviewed at a disciplinary interview concerning an act which, if proven, could reasonably result in disciplinary action involving loss of pay or dismissal, untruthfulness, unlawful use of force, and/or a violation of civil rights will be afforded the following safeguards: (1. ) The employee and the Association will be informed that a formal investigation is commencing, unless the employee is under investigation for violation of the Controlled Substance Act, or violations which are punishable as felonies or misdemeanors under law, or if doing so would jeopardize either the criminal or administrative investigation. (2. ) At least seventy-two (72) hours prior to a disciplinary interview by the City of an employee, the result of which could be that the City may impose an economic sanction upon the employee as a result of the underlying incident, the employee and the Association will be informed, in writing, of the nature of the investigation and the specific allegations, policies, procedures and/or laws which form the basis for the investigation at that time; the employee will be afforded the opportunity to consult with an Association representative; and the employee and the Association will be provided all available materials the City possesses related to the investigation, unless the City elects to provide a written statement of essential facts which would support any contemplated basis of discipline. When releasing information to the employee and the Association, the City may place conditions on disclosure of witness statements under circumstances where the conditions are warranted in order to limit risk of claims or aggravation of difficult circumstances in the work place or in the City’s 's relationship with a victim. In such event, the City and the Association shall cooperate to meet appropriate investigative and due process needs. The employee shall be allowed the right to have an Association representative present during the interview. The opportunity to have the Association representative present at the interview shall not delay the interview more than four (4) hours, except for minor complaints (incidents for which no more than a verbal an oral warning may result) which may be handled immediately when a representative is not readily available. However, if in the course of the interview it appears as if a more serious disciplinary problem has developed, the employee will be allowed up to four (4) hours to obtain a representative to be present at the interview. (3. ) All interviews shall take place at Department facilities, or elsewhere if mutually agreed, unless an emergency exists which requires the interview to be conducted elsewhere. (4. ) The City shall make a reasonable good faith effort to conduct these interviews during the employee’s 's regularly scheduled shift, except for emergencies. However, where the Chief or the Chief’s 's designee is a party to the interview, the City may schedule the interview outside the employee’s 's regular working hours as long as the appropriate overtime or irregular hours payments are made to the employee. Where an employee is working on a graveyard shift, the City will endeavor to conduct the interview contiguously to the employee’s 's shift, and the appropriate overtime or irregular hours payments shall be made to the employee. (5. ) The employee will be directed required to answer any questions specifically involving the non-criminal matter(s) under investigation and will be afforded all rights and privileges to which they are entitled under the laws of the State of Oregon or the United States of America. (6. ) The employee shall be entitled to such reasonable intermissions as may be requested for personal necessities. (7. ) All interviews shall be limited in scope to activities, circumstances, events, conduct or acts which pertain to the incident which is the subject of the investigation. Nothing in this section shall prohibit the City from questioning the employee about information which is developed during the course of the interview. 8. (8) The City shall tape record the interview and a copy of the complete interview of the employee shall be furnished, upon request, to the Association. If the interviewed employee is subsequently disciplined, the recording shall be transcribed by the City, and the employee and the Association shall be provided a copy thereof. (9. ) Interviews and investigations shall be concluded without unreasonable delay. 10. The employee and the Association shall be notified in writing of the results of any investigation, and for nonwithin forty-criminal investigations, those results must be presented in writing to the employee and the Association within forty- five (45) days from discovery by the City of the basis of discipline. If not, the employee will be exonerated of all charges.five

Potential Discipline Situations. Any employee who will be interviewed at a disciplinary interview concerning an act which, if proven, could reasonably result in disciplinary action involving loss of pay or dismissal, untruthfulness, unlawful use of force, and/or a violation of civil rights will be afforded the following safeguards: (1. ) The employee and the Association will be informed that a formal investigation is commencing, unless the employee is under investigation for violation of the Controlled Substance Act, or violations which are punishable as felonies or misdemeanors under law, or if doing so would jeopardize either the criminal or administrative investigation. (2. ) At least seventy-two (72) hours prior to a disciplinary interview by the City of an employee, the result of which could be that the City may impose an economic sanction upon the employee as a result of the underlying incident, the employee and the Association will be informed, in writing, of the nature of the investigation and the specific allegations, policies, procedures and/or laws which form the basis for the investigation at that time; the employee will be afforded the opportunity to consult with an Association representative; and the employee and the Association will be provided all available materials the City possesses related to the investigation, unless the City elects to provide a written statement of essential facts which would support any contemplated basis of discipline. When releasing information to the employee and the Association, the City may place conditions on disclosure of witness statements under circumstances where the conditions are warranted in order to limit risk of claims or aggravation of difficult circumstances in the work place workplace or in the City’s 's relationship with a victim. In such event, the City and the Association shall will cooperate to meet appropriate investigative and due process needs. The employee shall will be allowed the right to have an Association representative present during the interview. The opportunity to have the Association representative present at the interview shall will not delay the interview more than four (4) hours, except for minor complaints (incidents for which no more than a verbal an oral warning may result) which may be handled immediately when a representative is not readily available. However, if in the course of during the interview it appears as if a more serious disciplinary problem has developed, the employee will be allowed up to four (4) hours to obtain a representative to be present at the interview, or otherwise as mutually agreed. (3. ) All interviews shall will take place at Department facilities, or elsewhere if mutually agreed, unless an emergency exists which requires the interview to be conducted elsewhere. (4. ) The City shall will make a reasonable good faith effort to conduct these interviews during the employee’s 's regularly scheduled shift, except for emergencies. However, where the Chief or the Chief’s Chiefs designee is a party to the interview, the City may schedule the interview outside the employee’s regular 's regular' working hours as long as the appropriate overtime or irregular hours payments are made to the employee. Where an employee is working on a graveyard shift, the City will endeavor to conduct the interview contiguously to the employee’s 's shift, and the appropriate overtime or irregular hours hour’s payments shall will be made to the employee. (5. ) The employee will be directed required to answer any questions specifically involving the non-criminal matter(s) under investigation and will be afforded all rights and privileges to which they are entitled under the laws of the State of Oregon or the United States of America. Whenever a Xxxxxxx statement is obtained pursuant to this Agreement, this Agreement constitutes a waiver of the Fifth Amendment rights for purposes of giving the compelled statement to the City, and Xxxxxxx precludes admissibility of the compelled statement or the fruits thereof in any criminal proceeding which is an independent right not waived hereby. Xxxxxxx advice and acknowledgment will be accomplished in writing. The compelled statement will not be provided in any form to the District Attorney or a criminal investigator. (6. ) The employee shall will be entitled to such reasonable intermissions as may be requested for personal necessities. (7. ) All interviews shall will be limited in scope to activities, circumstances, events, conduct or acts which pertain to the incident which is the subject of the investigation. Nothing in this section shall will prohibit the City from questioning the employee about information which is developed during the course of the interview. 8. (8) The City shall will tape record the interview and a copy of the complete interview of the employee shall will be furnished, upon request, to the Association. If the interviewed employee is subsequently disciplined, disciplined and the recording shall be is transcribed by the City, and the employee and the Association shall will be provided a copy thereof. (9. ) Interviews and investigations shall will be concluded without unreasonable delay. 10. The employee and the Association shall be notified in writing of the results of any investigation, and for non-criminal investigations, those results must be presented in writing to the employee and the Association within forty- five (45) days from discovery by the City of the basis of discipline. If not, the employee will be exonerated of all charges.

Potential Discipline Situations. Any employee who will be interviewed at a disciplinary interview concerning an act which, if proven, could reasonably result in disciplinary action involving loss of pay or dismissal, untruthfulness, unlawful use of force, and/or a violation of civil rights will be afforded the following safeguards: (1. ) The employee and the Association will be informed that a formal investigation is commencing, unless the employee is under investigation for violation of the Controlled Substance Act, or violations which are punishable as felonies or misdemeanors under law, or if doing so would jeopardize either the criminal or administrative investigation. (2. ) At least seventy-two (72) hours prior to a disciplinary interview by the City of an employee, the result of which could be that the City may impose an economic sanction upon the employee as a result of the underlying incident, the employee and the Association will be informed, in writing, of the nature of the investigation and the specific allegations, policies, procedures and/or laws which form the basis for the investigation at that time; the employee will be afforded the opportunity to consult with an Association representative; and the employee and the Association will be provided all available materials the City possesses related to the investigation, unless the City elects to provide a written statement of essential facts which would support any contemplated basis of discipline. When releasing information to the employee and the Association, the City may place conditions on disclosure of witness statements under circumstances where the conditions are warranted in order to limit risk of claims or aggravation of difficult circumstances in the work place or in the City’s 's relationship with a victim. In such event, the City and the Association shall will cooperate to meet appropriate investigative and due process needs. The employee shall will be allowed the right to have an Association representative present during the interview. The opportunity to have the Association representative present at the interview shall will not delay the interview more than four (4) hours, except for minor complaints (incidents for which no more than a verbal an oral warning may result) which may be handled immediately when a representative is not readily available. However, if in the course of the interview it appears as if a more serious disciplinary problem has developed, the employee will be allowed up to four (4) hours to obtain a representative to be present at the interview, or otherwise as mutually agreed. (3. ) All interviews shall will take place at Department facilities, or elsewhere if mutually agreed, unless an emergency exists which requires the interview to be conducted elsewhere. (4. ) The City shall will make a reasonable good faith effort to conduct these interviews during the employee’s 's regularly scheduled shift, except for emergencies. However, where the Chief or the Chief’s Chiefs designee is a party to the interview, the City may schedule the interview outside the employee’s regular 's regular' working hours as long as the appropriate overtime or irregular hours payments are made to the employee. Where an employee is working on a graveyard shift, the City will endeavor to conduct the interview contiguously to the employee’s 's shift, and the appropriate overtime or irregular hours hour’s payments shall will be made to the employee. (5. ) The employee will be directed required to answer any questions specifically involving the non-criminal matter(s) under investigation and will be afforded all rights and privileges to which they are entitled under the laws of the State of Oregon or the United States of America. Whenever a Xxxxxxx statement is obtained pursuant to this Agreement, this Agreement constitutes a waiver of the Fifth Amendment rights for purposes of giving the compelled statement to the City, and Xxxxxxx precludes admissibility of the compelled statement or the fruits thereof in any criminal proceeding which is an independent right not waived hereby. Xxxxxxx advice and acknowledgment will be accomplished in writing. The compelled statement will not be provided in any form to the District Attorney or a criminal investigator. (6. ) The employee shall will be entitled to such reasonable intermissions as may be requested for personal necessities. (7. ) All interviews shall will be limited in scope to activities, circumstances, events, conduct or acts which pertain to the incident which is the subject of the investigation. Nothing in this section shall will prohibit the City from questioning the employee about information which is developed during the course of the interview. 8. (8) The City shall will tape record the interview and a copy of the complete interview of the employee shall will be furnished, upon request, to the Association. If the interviewed employee is subsequently disciplined, disciplined and the recording shall be is transcribed by the City, and the employee and the Association shall will be provided a copy thereof. (9. ) Interviews and investigations shall will be concluded without unreasonable delay. 10. The employee and the Association shall be notified in writing of the results of any investigation, and for non-criminal investigations, those results must be presented in writing to the employee and the Association within forty- five (45) days from discovery by the City of the basis of discipline. If not, the employee will be exonerated of all charges.

Potential Discipline Situations. Any employee officer who will be interviewed at a disciplinary interview concerning an act whichact, which if proven, could reasonably result in disciplinary action involving loss of pay or dismissal, against them will be afforded the following safeguards: 1. ) The employee and the Association will be informed that a formal investigation is commencing, unless prior to the interview if the University believes the employee is under investigation for violation a subject of the Controlled Substance Act, or violations which are punishable as felonies or misdemeanors under law, or if doing so would jeopardize either the criminal or administrative investigation. 2. At least seventytwenty-two four (7224) hours prior to a disciplinary any interview by where the City University may impose discipline of an employee, the result of which could be that the City may impose an economic sanction upon the employee as a result of the underlying incident, the employee and the Association Union will be informed, in writing, writing of the nature of the investigation and the specific allegations, policies, procedures and/or laws law which form the basis for the investigation at that time; the . The employee may consult with a Union representative. The employee will not be afforded notified if doing so may jeopardize either the opportunity to consult with an Association representative; and the employee and the Association will be provided all available materials the City possesses related to the criminal or administrative investigation, unless the City elects to provide a written statement of essential facts which would support any contemplated basis of discipline. When releasing information to the employee and the Association, the City may place conditions on disclosure of witness statements under circumstances where the conditions are warranted in order to limit risk of claims or aggravation of difficult circumstances in the work place or in the City’s relationship with a victim. In such event, the City and the Association shall cooperate to meet appropriate investigative and due process needs. . 2) The employee shall be allowed the right to have an Association a Union representative present during the interview. The opportunity to have the Association a Union representative present at the interview shall not unduly delay the interview more than four (4) hours, except for minor complaints (incidents for which no more than a verbal warning may result) which may be handled immediately when a representative is not readily available. However, if in the course of the interview it appears as if a more serious disciplinary problem has developed, the employee will be allowed up to four (4) hours to obtain a representative to be present at the interview. 3. All interviews shall take place at Department facilities, or elsewhere if mutually agreed, unless an emergency exists which requires the interview to be conducted elsewhere. 4. ) The City University shall make a reasonable good faith effort to conduct these interviews during the employee’s regularly scheduled shift, except for emergencies. However, where the Chief or the Chief’s designee is a party to the interview, the City may schedule If the interview is held outside the employee’s regular working hours as long as regularly scheduled shift, the appropriate overtime payments are made to the employeeshall be made. Where an employee is working on a graveyard shift, the City will University shall endeavor to conduct the interview contiguously to the employee’s shift, and the appropriate overtime or irregular hours payments shall be made to the employee. 5. The employee will shall be directed entitled to answer any questions specifically involving the non-criminal matter(sattend to physical needs. 4) under investigation and The employee will be afforded all rights and privileges to which they are entitled under the laws of the State of Oregon or the United States of AmericaAmerica including required warnings and notices per state and federal laws (e.g., ORS 659.840). 6. The employee shall be entitled to such reasonable intermissions as may be requested for personal necessities. 7. 5) All interviews shall be limited in scope to activities, circumstances, events, conduct or acts which pertain to the incident which is the subject of the investigation. Nothing in this section shall prohibit the City University from questioning the employee about information which is developed during the course of the interview. 8. The City shall tape record 6) If the interview and University audio or video records the interview, a copy of the complete interview of the employee employee, noting all recess periods, shall be furnished, upon request, to . The employee may at their choice record the Associationinterview. If the interviewed employee is subsequently disciplined, charged and any part of the recording shall be is transcribed by the CityUniversity, and the employee and the Association shall be provided provided, upon request, a copy thereofof the interview transcript. 9. Interviews (A) The employee must be given a copy of any written statement or report describing the employee’s statements. (B) Materials required to be given to the employee under this article must be given before subsequent interviews in the course of the same investigation. 7) Interview and investigations shall be concluded without unreasonable delay. 108) The University shall complete its investigation into an allegation of misconduct by an employee and provide notification no later than six (6) months from the date of the first interview. The employee and University may extend the Association shall be notified in writing investigation to a maximum of twelve (12) months from the date of the results of any investigationfirst interview, and provided that before the extended period begins, the University provides written notice explaining the reasons for non-criminal investigations, those results must be presented in writing the extension to the employee and the Association Union. The related exemptions to this time line in ORS 236.360 shall apply when applicable. 9) No more than (2) interviewers at a time may question the officer. 10) This article does not apply to criminal investigations. If the University questions an employee during a criminal investigation of one of its employees, it shall advise the employee of the criminal nature of the investigation and whether the employee is a suspect or a witness before interviewing the employee and that they are not required to answer questions in the criminal investigation as a condition of employment. The requirement to advise the employee of the criminal nature of the investigation and whether the employee is a suspect or a witness before interviewing the employee does not apply to covert or undercover investigations. Investigations of the use of deadly force will be conducted pursuant to Article 18 Use of Deadly Force. 11) The University shall have the following statement appear on all disciplines noted above: “If you choose to contest this action, you have a right to be represented by the SEIU Local 503, OPEU and you must file an appeal within forty- five thirty (4530) calendar days from discovery by the City effective date of this action in accordance with Article 16 Grievance and Arbitration Procedure.” Failure to include this notice will not void the basis of discipline. If not, the employee will be exonerated of all chargesdisciplinary action.

Potential Discipline Situations. Any employee who will be interviewed at a disciplinary interview in an administrative internal inquiry concerning an act by that employee which, if proven, could reasonably result in disciplinary action involving loss of pay or dismissal, against that employee will be afforded the following safeguardssafeguards related to such employee: 1. The employee and the Association will be informed that a formal an internal investigation is commencing, unless the employee is under investigation for violation of the Controlled Substance Act, or violations which are punishable as felonies or misdemeanors under law, or if doing so would jeopardize either the criminal or administrative investigation. 2. At least seventy-two (72) hours prior to a disciplinary any interview by the City of an employee, the result of which could be that the City County may impose an economic sanction upon the employee as a result of the underlying incident, the employee and the Association will be informed, in writing, of the nature of the investigation and the specific allegations, policies, procedures procedures, and/or laws which form the basis for the investigation which are known at that time; the . The employee will be afforded the opportunity to consult with an Association representative; representative and the employee and the Association will be provided all available materials the City possesses related to facts upon which the investigationallegations are based including the date, unless the City elects to provide a written statement of essential facts which would support any contemplated basis of disciplinelocation and those present. When releasing information to the employee and the Association, the City County may place conditions on disclosure of witness statements under circumstances where the conditions are warranted in order to limit risk of claims or aggravation of difficult circumstances in the work place workplace or in the CityCounty’s relationship with a victim. In such event, the City County and the Association shall cooperate to meet appropriate investigative and due process needs. The employee shall be allowed the right to have an Association representative present during the interview. The opportunity to have the Association representative present at the interview shall not delay the interview more than four (4) hours, except for minor complaints (incidents for which no more than a verbal warning an oral reprimand may result) which may be handled immediately when a representative is not readily available. However, if in the course of the interview it appears as if a more serious disciplinary problem has developed, the employee will be allowed up to four (4) hours to obtain a representative to be present at the interview. 3. All interviews shall take place at Department facilities, or elsewhere if mutually agreed, unless an emergency exists which requires the interview to be conducted elsewhere. 4. The City County shall make a reasonable reasonably good faith effort to conduct these interviews during the employee’s regularly scheduled shift, except for emergencies. However, where the Chief Sheriff or the ChiefSheriff’s designee is a party to the any interview, the City County may schedule schedule- the interview outside of the employee’s regular working hours as long as the appropriate overtime or irregular hours payments are made to the employee. Where an employee is working on a graveyard shift, the City County will endeavor to conduct the interview contiguously to the employee’s shift, and the appropriate overtime or irregular pay hours payments shall be made to the employee. 5. The employee will be directed required to answer any questions specifically involving the non-criminal matter(s) noncriminal matters under investigation and will be afforded all rights and privileges to which they are entitled under the laws of the State of Oregon or the United States of America. 6. The employee shall be entitled to such reasonable intermissions as may be requested for personal necessities. 7. All interviews shall be limited in scope to activities, circumstances, events, conduct or acts which pertain to the incident which is the subject of the investigation. Nothing in this section shall prohibit the City County from questioning the employee about information which is developed during the course of the interview. 8. The City Department shall tape record the interview and a copy of the complete interview of the employee shall be furnished, upon request, to the Association. If the interviewed employee is subsequently disciplined, the recording shall be transcribed by the CityCounty upon request of the Association, and the employee and the Association shall be provided a copy thereof. 9. Interviews and investigations shall be concluded without unreasonable unjustifiable delay. 10. The employee and the Association shall be notified in writing of the results of any the investigation, and for non-criminal investigations, those results must be presented in writing to the employee and the Association within forty- five one (451) days from discovery by year, exclusive of any period of time during which a criminal investigation related to the City of the basis of disciplineinternal investigation is underway. If not, the employee will be exonerated of all charges.

Potential Discipline Situations. Any employee who will be interviewed at a disciplinary interview concerning an act whichact, which if proven, could reasonably result in disciplinary action involving loss of pay or dismissal, will be afforded the following safeguards: (1. ) The employee and the Association will be informed that a formal investigation is commencing, unless the employee is under investigation for violation of the Controlled Substance Act, or violations which are punishable as felonies or misdemeanors under law, or if doing so would jeopardize either the criminal or administrative investigation. (2. ) At least seventy-two (72) hours prior to a disciplinary interview by the City of an employee, the result of which could be that the City may impose an economic sanction upon the employee as a result of the underlying incident, the employee and the Association will be informed, in writing, of the nature of the investigation and the specific allegations, policies, procedures and/or laws which form the basis for the investigation at that time; the employee will be afforded the opportunity to consult with an Association representative; and the employee and the Association will be provided all available materials the City possesses related to the investigation, unless the City elects to provide a written statement of essential facts which would support any contemplated basis of discipline. When releasing information to the employee and the Association, the City may place conditions on disclosure of witness statements under circumstances where the conditions are warranted in order to limit risk of claims or aggravation of difficult circumstances in the work place or in the City’s 's relationship with a victim. In such event, the City and the Association shall cooperate to meet appropriate investigative and due process needs. The employee shall be allowed the right to have an Association representative present during the interview. The opportunity to have the Association representative present at the interview shall not delay the interview more than four (4) hours, except for minor complaints (incidents for which no more than a verbal warning may result) which may be handled immediately when a representative is not readily available. However, if in the course of the interview it appears as if a more serious disciplinary problem has developed, the employee will be allowed up to four (4) hours to obtain a representative to be present at the interview. (3. ) All interviews shall take place at Department facilities, or elsewhere if mutually agreed, unless an emergency exists which requires the interview to be conducted elsewhere. (4. ) The City shall make a reasonable good faith effort to conduct these interviews during the employee’s 's regularly scheduled shift, except for emergencies. However, where the Police/Fire Chief or the Police/Fire Chief’s designee is a party to the interview, the City may schedule the interview outside the employee’s 's regular working hours as long as the appropriate overtime payments are made to the employee. Where an employee is working on a graveyard shift, the City will endeavor to conduct the interview contiguously to the employee’s 's shift, and the appropriate overtime or irregular hours hours' payments shall be made to the employee. (5. ) The employee will be directed to answer any questions specifically involving the non-criminal matter(s) under investigation and will be afforded all rights and privileges to which they are entitled under the laws of the State of Oregon or the United States of America. (6. ) The employee shall be entitled to such reasonable intermissions as may be requested for personal necessities. (7. ) All interviews shall be limited in scope to activities, circumstances, events, conduct or acts which pertain to the incident which is the subject of the investigation. Nothing in this section shall prohibit the City from questioning the employee about information which is developed during the course of the interview. 8. (8) The City shall tape record the interview and a copy of the complete interview of the employee shall be furnished, upon request, to the Association. If the interviewed employee is subsequently disciplined, and if the recording shall be is transcribed by the City, and the employee and the Association shall be provided a copy thereof. (9. ) Interviews and investigations shall be concluded without unreasonable delay. (10. ) The employee and the Association shall be notified in writing of the results of any investigation, and for non-criminal investigations, those results must be presented in writing to the employee and the Association within forty- five one (451) days year from discovery by the City of the basis of discipline. If not, the employee will be exonerated of all charges. (a) Use of Deadly Force Situations. Employees involved in the use of deadly force shall be advised of their rights to and shall be allowed to consult with an Association representative or attorney prior to being required to give an oral or written statement about the use of force. Such right to consult with a representative or with counsel shall not unduly delay the giving of the statement.