Common use of Procedures and Safeguards Clause in Contracts

Procedures and Safeguards. 7.7.1 The Agency may conduct investigations to discover the facts and circumstances surrounding any complaint, allegation, or suspicion of wrongdoing by a bargaining unit employee. However, the Agency will take precautions to protect the rights and privacy of personnel being investigated. 7.7.2 Investigations conducted by the Agency will not commit any act which would deprive the bargaining unit employee of any statutory or constitutional rights or privileges. 7.7.3 The Employer will provide the employee with copies of all personnel orders pertaining to bargaining unit employees as soon as the personnel orders are issued. As used in this section "personnel orders" shall be defined as all written notices of actual disciplinary actions (notices of intent to take disciplinary actions), transfer notices, promotion notices and termination notices. 7.7.4 A bargaining unit employee shall be required to answer only those questions specifically relating to such employee’s duties and responsibilities within the scope of his/her employment, and acts or conduct (on or off the job) which adversely affects the employee's performance and/or the employing agency's performance or function. 7.7.5 The employee shall be entitled to such reasonable intermissions as he/she shall request for personal necessities. 7.7.6 The interview of the employee shall be during regular business hours. With the exception of telephone interviews, interviews shall take place at Employer facilities, or elsewhere if mutually agreed unless an emergency exists which requires the interview to be conducted elsewhere. No employee shall be scheduled for interviews on his/her day off; however, any employee who is interviewed off duty will be compensated. 7.7.7 The employee under investigation must, at the time of an interview, be informed of the name of the individual in charge of the investigation and the name of the individual who will be conducting the interview. At the State Fire Marshal’s Office, the investigating officer and the individual who will be conducting the interviews shall be one of the District Chief Deputies, the Chief Investigator, or the Fuels Division Manager. An investigating officer may do both duties. At any time an investigation of a complaint, allegation or suspicion of wrongdoing by a bargaining unit employee is determined to involve a violation of a criminal law, the investigation shall be turned over to the Nebraska State Patrol.

Appears in 6 contracts

Samples: Labor Contract, Labor Contract, Labor Contract

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Procedures and Safeguards. 7.7.1 The Agency may conduct investigations to discover the facts and circumstances surrounding any complaint, allegation, or suspicion of wrongdoing by a bargaining unit employee. However, the Agency will take precautions to protect the rights and privacy of personnel being investigated. 7.7.2 Investigations conducted by the Agency will not commit any act which would deprive the bargaining unit employee of any statutory or constitutional rights or privileges. 7.7.3 The Employer will provide the employee with copies of all personnel orders pertaining to bargaining unit employees as soon as the personnel orders are issued. As used in this section "personnel orders" shall be defined as all written notices of actual disciplinary actions (notices of intent to take disciplinary actions), transfer notices, promotion notices and termination notices. 7.7.4 A bargaining unit employee shall be required to answer only those questions specifically relating to such employee’s duties and responsibilities within the scope of his/her employment, and acts or conduct (on or off the job) which adversely affects the employee's performance and/or the employing agency's performance or function. 7.7.5 The employee shall be entitled to such reasonable intermissions as he/she shall request for personal necessities. 7.7.6 The interview of the employee shall be during regular business hours. With the exception of telephone interviews, interviews shall take place at Employer facilities, or elsewhere if mutually agreed unless an emergency exists which requires the interview to be conducted elsewhere. No employee shall be scheduled for interviews on his/her day off; however, any employee who is interviewed off duty will be compensated. 7.7.7 The employee under investigation must, at the time of an interview, be informed of the name of the individual in charge of the investigation and the name of the individual who will be conducting the interview. At the State Fire Marshal’s Office, the investigating officer and the individual who will be conducting the interviews shall be one of the three District Chief Deputies, the . A District Chief Investigator, or the Fuels Division Manager. An investigating officer Deputy may do both duties. At any time an investigation of a complaint, allegation or suspicion of wrongdoing by a bargaining unit employee is determined to involve a violation of a criminal law, the investigation shall be turned over to the Nebraska State Patrol.

Appears in 4 contracts

Samples: Labor Contract, Labor Contract, Labor Contract

Procedures and Safeguards. 7.7.1 29.7.1 The Agency may conduct investigations to discover the facts and circumstances surrounding any complaint, allegation, or suspicion of wrongdoing by a bargaining unit employeemember. HoweverNo employee shall have an allegation of untruthfulness, deception, or lack of candor determined to be founded, or be the basis for discipline, unless the allegation is established by evidence that provides the basis for a firm belief or conviction that the employee acted with an intent to deceive, rather than has made a mistake of fact, memory, or mistake of communication. The Agency will take precautions to protect the rights and privacy of personnel being investigated. 7.7.2 29.7.2 Investigations conducted by the Agency will not commit any act which would deprive the bargaining unit employee member of any statutory or constitutional rights or privileges. 7.7.3 29.7.3 The Employer will provide the employee with copies of all personnel orders pertaining to bargaining unit employees members as soon as the personnel orders are issued. As used in this section "personnel orders" shall be defined as all written notices of actual disciplinary actions (notices of intent to take disciplinary actions), transfer notices, promotion notices and termination notices. 7.7.4 29.7.4 An employee under investigation may be interviewed by an investigator for Internal Affairs or by a supervisor assigned to investigate as to a matter under investigation. The employee may be compelled to provide information concerning the complaint or allegation of wrongdoing against him/her. Xxxxxxx warnings shall be given in the appropriate circumstances on the form found at Appendix D. Counsel or other representative may accompany the employee to the interview. 29.7.4.1 A bargaining unit employee member shall be required to answer only those questions specifically relating to such employeemember’s duties and responsibilities within the scope of his/her employment, and acts or conduct (on or off the job) which adversely affects the employee's ’s performance and/or the employing agency's ’s performance or function. An employee shall only be compelled to respond to questions directly related to the subject matter under investigation by Internal Affairs. 7.7.5 The employee shall be entitled 29.7.4.2 Prior to such reasonable intermissions as he/she shall request for personal necessities. 7.7.6 The interview of the employee shall be during regular business hours. With the exception of telephone interviews, interviews shall take place at Employer facilities, or elsewhere if mutually agreed unless an emergency exists which requires the interview to be conducted elsewhere. No employee shall be scheduled for interviews on his/her day off; howeverrepresentative shall be given access to their own applicable case reports, body camera video and dashcam video, and copies of any Complaint Control Form (NSP 801 and 801A) but excluding documents containing confidential or privileged information, at least forty-eight ( 48) hours prior to such interview. Notwithstanding the above paragraphs, in cases where an investigation could result in a charge of a class I misdemeanor or felony, or there exists an allegation involving dishonesty, reports and materials concerning the internal investigation of the bargaining unit member shall not be disclosed. In such instances, the bargaining unit member shall be advised of the nature of the complaint underlying the investigation. At the conclusion of the initial interview, the employee who is interviewed off duty will or his/her representative shall be compensated. 7.7.7 given all existing reports contained in the case file, but excluding documents containing confidential or privileged information. The employee under investigation must, at the time of an interview, or his/her representative shall be informed of the name of the individual allowed to provide a written response to be considered in charge of the investigation and the name disciplinary conference when the recommended discipline is of the individual who will be conducting the interviewlevel of suspension or higher. At the State Fire Marshal’s Office, the investigating officer and the individual who will be conducting the interviews The employee or his/her representative shall be one of allowed to provide additional information as well as witness statements in the District Chief Deputies, the Chief Investigator, or the Fuels Division Managerwritten response. An investigating officer may do both duties. At any time an investigation of a complaint, allegation or suspicion of wrongdoing by a bargaining unit employee is determined to involve a violation of a criminal law, the investigation shall Such written response must be turned over to the Nebraska State Patrol.submitted within eighteen

Appears in 3 contracts

Samples: Labor Contract, Labor Contract, Labor Contract

Procedures and Safeguards. 7.7.1 The Agency may conduct investigations to discover the facts and circumstances surrounding any complaint, allegation, or suspicion of wrongdoing by a bargaining unit employee. However, the Agency will take precautions to protect the rights and privacy of personnel being investigated. 7.7.2 Investigations conducted by the Agency will not commit any act which would deprive the bargaining unit employee of any statutory or constitutional rights or privileges. 7.7.3 The Employer will provide the employee with copies of all personnel orders pertaining to bargaining unit employees as soon as the personnel orders are issued. As used in this section "personnel orders" shall be defined as all written notices of actual disciplinary actions (notices of intent to take disciplinary actions), transfer notices, promotion notices and termination notices. 7.7.4 A bargaining unit employee shall be required to answer only those questions specifically relating to such employee’s duties and responsibilities within the scope of his/her employment, and acts or conduct (on or off the job) which adversely affects the employee's performance and/or the employing agency's performance or function. 7.7.5 The employee shall be entitled to such reasonable intermissions as he/she shall request for personal necessities. 7.7.6 The interview of the employee shall be during regular business hours. With the exception of telephone interviews, interviews shall take place at Employer facilities, or elsewhere if mutually agreed unless an emergency exists which requires the interview to be conducted elsewhere. No employee shall be scheduled for interviews on his/her day off; however, any employee who is interviewed off duty will be compensated. 7.7.7 The employee under investigation must, at the time of an interview, be informed of the name of the individual in charge of the investigation and the name of the individual who will be conducting the interview. At the State Fire Marshal’s Office, the investigating officer and the individual who will be conducting the interviews shall be one of the District Chief Deputies, the Chief Investigator, or the Fuels Division Manager. An investigating officer may do both duties. At any time an investigation of a complaint, allegation or suspicion of wrongdoing by a bargaining unit employee is determined to involve a violation of a criminal law, the investigation shall be turned over to the Nebraska State Patrol.

Appears in 3 contracts

Samples: Labor Contract, Labor Contract, Labor Contract

Procedures and Safeguards. 7.7.1 29.7.1 The Agency may conduct investigations to discover the facts and circumstances surrounding any complaint, allegation, or suspicion of wrongdoing by a bargaining unit employeemember. However, the Agency will take precautions to protect the rights and privacy of personnel being investigated. 7.7.2 29.7.2 Investigations conducted by the Agency will not commit any act which would deprive the bargaining unit employee member of any statutory or constitutional rights or privileges. 7.7.3 29.7.3 The Employer will provide the employee with copies of all personnel orders pertaining to bargaining unit employees members as soon as the personnel orders are issued. As used in this section "personnel orders" shall be defined as all written notices of actual disciplinary actions (notices of intent to take disciplinary actions), transfer notices, promotion notices and termination notices. 7.7.4 29.7.4 An employee under investigation may be interviewed by an investigator for Internal Affairs or by a supervisor assigned to investigate as to a matter under investigation. The employee may be compelled to provide information concerning the complaint or allegation of wrongdoing against him/her. Xxxxxxx warnings shall be given in the appropriate circumstances on the form found at Appendix D. Counsel or other representative may accompany the employee to the interview. 29.7.4.1 A bargaining unit employee member shall be required to answer only those questions specifically relating to such employeemember’s duties and responsibilities within the scope of his/her employment, and acts or conduct (on or off the job) which adversely affects the employee's ’s performance and/or the employing agency's ’s performance or function. An employee shall only be compelled to respond to questions directly related to the subject matter under investigation by Internal Affairs. 7.7.5 29.7.4.2 Prior to such interview the employee or his/her representative shall be given the right to review all existing reports contained in the case file that forms the basis for the requested interview, including copies of any Complaint Control Form (NSP 801 and 801A) but excluding documents containing confidential or privileged information, at least forty-eight (48) hours prior to such interview. The employee may waive notice and access to the reports. In cases where initial allegations could result in a felony charge or involve alleged dishonesty, the initial interview with the employee or his/her representative may be held prior to the employee or his/her representative reviewing existing reports contained in the case file that forms the basis for the requested interview. The employee or his/her representative shall receive a copy of the Complaint Control Form (NSP 801 and 801A) prior to the initial interview. At the conclusion of the initial interview, the employee or his/her representative shall be given all existing reports contained in the case file, but excluding documents containing confidential or privileged information. Not sooner than 14 calendar days, a second interview with the employee or his/her representative shall be conducted with an Internal Affairs investigator. The employee or his/her representative shall be allowed to provide additional information as well as witness statements at this second interview. The Internal Affairs investigator shall make an attempt to interview the witnesses identified by the employee prior to, or after the second interview. This second interview may be waived by the employee. If necessary, the timeline for completing the Internal Affairs investigation in cases where initial allegations could result in a felony charge or alleged dishonesty, may be extended. The employee or his/her representative shall be given verbatim transcripts of the interview if they exist. If a transcript does not exist the employee, or his/her representative, shall be given a copy of the audio recording. 29.7.4.3 “Confidential or privileged” as used herein shall refer to the name or identity of a person providing information about an employee to the Agency and who otherwise fits within the definition of Chapter 27 of the Nebraska State Statutes. Information which the Agency intends to use to impose discipline in the administrative process shall be made available to the employee or his/her representative, but the name or identity of the person providing such information may be removed from the report if the same is deemed “confidential or privileged” as defined herein. 29.7.5 The employee shall be entitled to such reasonable intermissions as he/she shall request for personal necessities. 7.7.6 29.7.6 The interview of the employee shall be during regular business hours. With the exception of telephone interviews, interviews shall take place at Employer facilities, or elsewhere if mutually agreed unless an emergency exists which requires the interview to be conducted elsewhere. No employee shall be scheduled for interviews on his/her day off; however, any employee who is interviewed off duty will be compensated. 7.7.7 29.7.7 The employee under investigation must, at the time of an interview, be informed of the name of the individual officer in charge of the investigation and the name of the individual officer who will be conducting the interview. At the State Fire Marshal’s Office. 29.7.8 Unless authorized by statute or policy, the investigating officer and the individual who will be conducting the interviews no bargaining unit members shall be one required to submit to a polygraph examination designed to measure the truthfulness of the District Chief Deputies, the Chief Investigator, his or the Fuels Division Manager. An investigating officer may do both duties. At any time her responses during an investigation of a complaint, complaint or allegation or suspicion of wrongdoing by wrongdoing. 29.7.9 When a bargaining unit employee member is determined questioned or interviewed concerning a complaint or allegation, he or she will be informed, prior to involve a violation questioning of a criminal law, the nature of the investigation and whether he or she is a witness or subject at that time. All such interviews and questions shall be turned over conducted in a professional manner. 29.7.10 A bonafide attempt to interview the Nebraska State Patrolcomplainant shall be made by the Investigator before a Conduct And Procedures Review Meeting is held, unless the complainant is anonymous.

Appears in 3 contracts

Samples: Labor Contract, Labor Contract, Labor Contract

Procedures and Safeguards. 7.7.1 29.7.1 The Agency may conduct investigations to discover the facts and circumstances surrounding any complaint, allegation, or suspicion of wrongdoing by a bargaining unit employeemember. HoweverNo employee shall have an allegation of untruthfulness, deception, or lack of candor determined to be founded, or be the basis for discipline, unless the allegation is established by evidence that provides the basis for a firm belief or conviction that the employee acted with an intent to deceive, rather than has made a mistake of fact, memory, or mistake of communication. The Agency will take precautions to protect the rights and privacy of personnel being investigated. 7.7.2 29.7.2 Investigations conducted by the Agency will not commit any act which would deprive the bargaining unit employee member of any statutory or constitutional rights or privileges. 7.7.3 29.7.3 The Employer will provide the employee with copies of all personnel orders pertaining to bargaining unit employees members as soon as the personnel orders are issued. As used in this section "personnel orders" shall be defined as all written notices of actual disciplinary actions (notices of intent to take disciplinary actions), transfer notices, promotion notices and termination notices. 7.7.4 29.7.4 An employee under investigation may be interviewed by an investigator for Internal Affairs or by a supervisor assigned to investigate as to a matter under investigation. The employee may be compelled to provide information concerning the complaint or allegation of wrongdoing against him/her. Xxxxxxx warnings shall be given in the appropriate circumstances on the form found at Appendix D. Counsel or other representative may accompany the employee to the interview. 29.7.4.1 A bargaining unit employee member shall be required to answer only those questions specifically relating to such employeemember’s duties and responsibilities within the scope of his/her employment, and acts or conduct (on or off the job) which adversely affects the employee's ’s performance and/or the employing agency's ’s performance or function. An employee shall only be compelled to respond to questions directly related to the subject matter under investigation by Internal Affairs. 7.7.5 The employee shall be entitled 29.7.4.2 Prior to such reasonable intermissions as he/she shall request for personal necessities. 7.7.6 The interview of the employee shall be during regular business hours. With the exception of telephone interviews, interviews shall take place at Employer facilities, or elsewhere if mutually agreed unless an emergency exists which requires the interview to be conducted elsewhere. No employee shall be scheduled for interviews on his/her day off; howeverrepresentative shall be given access to their own applicable case reports, body camera video and dashcam video, and copies of any Complaint Control Form (NSP 801 and 801A) but excluding documents containing confidential or privileged information, at least forty-eight ( 48) hours prior to such interview. Notwithstanding the above paragraphs, in cases where an investigation could result in a charge of a class I misdemeanor or felony, or there exists an allegation involving dishonesty, reports and materials concerning the internal investigation of the bargaining unit member shall not be disclosed. In such instances, the bargaining unit member shall be advised of the nature of the complaint underlying the investigation. At the conclusion of the initial interview, the employee who is interviewed off duty will or his/her representative shall be compensated. 7.7.7 given all existing reports contained in the case file, but excluding documents containing confidential or privileged information. The employee under investigation must, at the time of an interview, or his/her representative shall be informed of the name of the individual allowed to provide a written response to be considered in charge of the investigation and the name disciplinary conference when the recommended discipline is of the individual who will level of suspension or higher. The employee or his/her representative shall be conducting the allowed to provide additional information as well as witness statements at this second interview. At the State Fire Marshal’s Office, the investigating officer and the individual who will Such written response must be conducting the interviews shall be one of the District Chief Deputies, the Chief Investigator, or the Fuels Division Manager. An investigating officer may do both duties. At any time an investigation of a complaint, allegation or suspicion of wrongdoing by a bargaining unit employee is determined to involve a violation of a criminal law, the investigation shall be turned over to the Nebraska State Patrol.submitted within eighteen

Appears in 2 contracts

Samples: Labor Contract, Labor Contract

Procedures and Safeguards. 7.7.1 29.7.1 The Agency may conduct investigations to discover the facts and circumstances surrounding any complaint, allegation, or suspicion of wrongdoing by a bargaining unit employeemember. However, the Agency will take precautions to protect the rights and privacy of personnel being investigated. 7.7.2 29.7.2 Investigations conducted by the Agency will not commit any act which would deprive the bargaining unit employee member of any statutory or constitutional rights or privileges. 7.7.3 29.7.3 The Employer will provide the employee with copies of all personnel orders pertaining to bargaining unit employees members as soon as the personnel orders are issued. As used in this section "personnel orders" shall be defined as all written notices of actual disciplinary actions (notices of intent to take disciplinary actions), transfer notices, promotion notices and termination notices. 7.7.4 29.7.4 An employee under investigation may be interviewed by an investigator for Internal Affairs or by a supervisor assigned to investigate as to a matter under investigation. The employee may be compelled to provide information concerning the complaint or allegation of wrongdoing against him/her. Xxxxxxx warnings shall be given in the appropriate circumstances on the form found at Appendix D. Counsel or other representative may accompany the employee to the interview. 29.7.4.1 A bargaining unit employee member shall be required to answer only those questions specifically relating to such employeemember’s duties and responsibilities within the scope of his/her employment, and acts or conduct (on or off the job) which adversely affects the employee's ’s performance and/or the employing agency's ’s performance or function. An employee shall only be compelled to respond to questions directly related to the subject matter under investigation by Internal Affairs. 7.7.5 29.7.4.2 Prior to such interview the employee or his/her representative shall be given the right to review all existing reports contained in the case file that forms the basis for the requested interview, including copies of any Complaint Control Form (NSP 801 and 801A) but excluding documents containing confidential or privileged information, at least forty-eight (48) hours prior to such interview. The employee may waive notice and access to the reports. 29.7.4.3 “Confidential or privileged” as used herein shall refer to the name or identity of a person providing information about an employee to the Agency and who otherwise fits within the definition of Chapter 27 of the Nebraska State Statutes. Information which the Agency intends to use to impose discipline in the administrative process shall be made available to the employee or his/her representative, but the name or identity of the person providing such information may be removed from the report if the same is deemed “confidential or privileged” as defined herein. 29.7.5 The employee shall be entitled to such reasonable intermissions as he/she shall request for personal necessities. 7.7.6 29.7.6 The interview of the employee shall be during regular business hours. With the exception of telephone interviews, interviews shall take place at Employer facilities, or elsewhere if mutually agreed unless an emergency exists which requires the interview to be conducted elsewhere. No employee shall be scheduled for interviews on his/her day off; however, any employee who is interviewed off duty will be compensated. 7.7.7 29.7.7 The employee under investigation must, at the time of an interview, be informed of the name of the individual officer in charge of the investigation and the name of the individual officer who will be conducting the interview. At the State Fire Marshal’s Office. 29.7.8 Unless authorized by statute or policy, the investigating officer and the individual who will be conducting the interviews no bargaining unit members shall be one required to submit to a polygraph examination designed to measure the truthfulness of the District Chief Deputies, the Chief Investigator, his or the Fuels Division Manager. An investigating officer may do both duties. At any time her responses during an investigation of a complaint, complaint or allegation or suspicion of wrongdoing by wrongdoing. 29.7.9 When a bargaining unit employee member is determined questioned or interviewed concerning a complaint or allegation, he or she will be informed, prior to involve a violation questioning of a criminal law, the nature of the investigation and whether he or she is a witness or subject at that time. All such interviews and questions shall be turned over conducted in a professional manner. 29.7.10 A bonafide attempt to interview the Nebraska State Patrolcomplainant shall be made by the Investigator before a Conduct And Procedures Review Meeting is held, unless the complainant is anonymous.

Appears in 2 contracts

Samples: Labor Contract, Labor Contract

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Procedures and Safeguards. 7.7.1 29.7.1 The Agency may conduct investigations to discover the facts and circumstances surrounding any complaint, allegation, or suspicion of wrongdoing by a bargaining unit employeemember. HoweverNo employee shall have an allegation of untruthfulness, deception, or lack of candor determined to be founded, or be the basis for discipline, unless the allegation is established by evidence that provides the basis for a firm belief or conviction that the employee acted with an intent to deceive, rather than has made a mistake of fact, memory, or mistake of communication. The Agency will take precautions to protect the rights and privacy of personnel being investigated. 7.7.2 29.7.2 Investigations conducted by the Agency will not commit any act which would deprive the bargaining unit employee member of any statutory or constitutional rights or privileges. 7.7.3 29.7.3 The Employer will provide the employee with copies of all personnel orders pertaining to bargaining unit employees members as soon as the personnel orders are issued. As used in this section "personnel orders" shall be defined as all written notices of actual disciplinary actions (notices of intent to take disciplinary actions), transfer notices, promotion notices and termination notices. 7.7.4 29.7.4 An employee under investigation may be interviewed by an investigator for Internal Affairs or by a supervisor assigned to investigate as to a matter under investigation. The employee may be compelled to provide information concerning the complaint or allegation of wrongdoing against him/her. Xxxxxxx warnings shall be given in the appropriate circumstances on the form found at Appendix D. Counsel or other representative may accompany the employee to the interview. 29.7.4.1 A bargaining unit employee member shall be required to answer only those questions specifically relating to such employeemember’s duties and responsibilities within the scope of his/her employment, and acts or conduct (on or off the job) which adversely affects the employee's ’s performance and/or the employing agency's ’s performance or function. An employee shall only be compelled to respond to questions directly related to the subject matter under investigation by Internal Affairs. 7.7.5 29.7.4.2 Prior to such interview the employee or his/her representative shall be given access to their own applicable case reports, body camera video and dashcam video, and copies of any Complaint Control Form (NSP 801 and 801A) but excluding documents containing confidential or privileged information, at least forty-eight ( 48) hours prior to such interview. Notwithstanding the above paragraphs, in cases where an investigation could result in a charge of a class I misdemeanor or felony, or there exists an allegation involving dishonesty, reports and materials concerning the internal investigation of the bargaining unit member shall not be disclosed. In such instances, the bargaining unit member shall be advised of the nature of the complaint underlying the investigation. At the conclusion of the initial interview, the employee or his/her representative shall be given all existing reports contained in the case file, but excluding documents containing confidential or privileged information. The employee or his/her representative shall be allowed to provide a written response to be considered in the investigation and the disciplinary conference when the recommended discipline is of the level of suspension or higher. The employee or his/her representative shall be allowed to provide additional information as well as witness statements in the written response at this second interview. Such written response must be submitted within eighteen (18) calendar days of receipt of existing reports contained in the case file, or notification that no such reports shall be provided. The Internal Affairs investigator shall make an attempt to interview the witnesses identified by the employee If necessary, the timeline for completing the Internal Affairs investigation in cases where initial allegations could result in a felony charge or alleged dishonesty, may be extended. The employee or his/her representative shall be given verbatim transcripts of the interview if they exist. If a transcript does not exist the employee, or his/her representative, shall be given a copy of the audio recording. 29.7.4.3 “Confidential or privileged” as used herein shall refer to the name or identity, including agency-specific personal identifiable information, of a person providing information about an employee to the Agency and or who otherwise fits within the definition of Chapter 27 of the Nebraska State Statutes. Information which the Agency intends to use to impose discipline in the administrative process shall be made available to the employee or his/her representative, but the name or identity of the person providing such information, including agency-specific personal identifiable information, may be removed from the report if the same is deemed “confidential or privileged” as defined herein. 29.7.5 The employee shall be entitled to such reasonable intermissions as he/she shall request for personal necessities. 7.7.6 29.7.6 The interview of the employee shall be during regular business hours. With the exception of telephone interviews, interviews shall take place at Employer facilities, or elsewhere if mutually agreed unless an emergency exists which requires the interview to be conducted elsewhere. No employee shall be scheduled for interviews on his/her day off; however, any employee who is interviewed off duty will be compensated. 7.7.7 29.7.7 The employee under investigation must, at the time of an interview, be informed of the name of the individual officer in charge of the investigation and the name of the individual officer who will be conducting the interview. At the State Fire Marshal’s Office. 29.7.8 Unless authorized by statute or policy, the investigating officer and the individual who will be conducting the interviews no bargaining unit members shall be one required to submit to a polygraph examination designed to measure the truthfulness of the District Chief Deputies, the Chief Investigator, his or the Fuels Division Manager. An investigating officer may do both duties. At any time her responses during an investigation of a complaint, complaint or allegation or suspicion of wrongdoing by wrongdoing. 29.7.9 When a bargaining unit employee member is determined questioned or interviewed concerning a complaint or allegation, he or she will be informed, prior to involve a violation questioning of a criminal law, the nature of the investigation and whether he or she is a witness or subject at that time. All such interviews and questions shall be turned over to the Nebraska State Patrolconducted in a professional manner.

Appears in 2 contracts

Samples: Labor Contract, Labor Contract

Procedures and Safeguards. 7.7.1 29.7.1 The Agency may conduct investigations to discover the facts and circumstances surrounding any complaint, allegation, or suspicion of wrongdoing by a bargaining unit employeemember. However, the Agency will take precautions to protect the rights and privacy of personnel being investigated. 7.7.2 29.7.2 Investigations conducted by the Agency will not knowingly commit any act which would deprive the bargaining unit employee member of any statutory or constitutional rights or privileges. 7.7.3 29.7.3 The Employer will provide the employee with copies of all personnel orders pertaining to bargaining unit employees members as soon as the personnel orders are issued. As used in this section "personnel orders" shall be defined as all written notices of actual disciplinary actions (notices of intent to take disciplinary actions), transfer notices, promotion notices and termination notices. 7.7.4 29.7.4 An employee under investigation may be interviewed by an investigator for Internal Affairs or by a supervisor assigned to investigate as to a matter under investigation. The employee may be compelled to provide information concerning the complaint or allegation of wrongdoing against him/her. Xxxxxxx warnings shall be given in the appropriate circumstances on the form found at Appendix D. Counsel or other representative may accompany the employee to the interview. 29.7.4.1 A bargaining unit employee member shall be required to answer only those questions specifically relating to such employeemember’s duties and responsibilities within the scope of his/her employment, and acts or conduct (on or off the job) which adversely affects the employee's ’s performance and/or the employing agency's ’s performance or function. An employee shall only be compelled to respond to questions directly related to the subject matter under investigation by Internal Affairs. 7.7.5 The employee shall be entitled 29.7.4.2 Prior to such reasonable intermissions as he/she shall request for personal necessities. 7.7.6 The interview of the employee shall be during regular business hours. With the exception of telephone interviews, interviews shall take place at Employer facilities, or elsewhere if mutually agreed unless an emergency exists which requires the interview to be conducted elsewhere. No employee shall be scheduled for interviews on his/her day off; howeverrepresentative shall be given the right to review all existing reports contained in the case file that forms the basis for the requested interview, including copies of any employee who is interviewed off duty will be compensated. 7.7.7 The employee under investigation mustComplaint Control Form (NSP 801 and 801A) but excluding documents containing confidential or privileged information, at the time of an interview, be informed of the name of the individual in charge of the investigation and the name of the individual who will be conducting the interview. At the State Fire Marshal’s Office, the investigating officer and the individual who will be conducting the interviews shall be one of the District Chief Deputies, the Chief Investigator, or the Fuels Division Manager. An investigating officer may do both duties. At any time an investigation of a complaint, allegation or suspicion of wrongdoing by a bargaining unit employee is determined to involve a violation of a criminal law, the investigation shall be turned over to the Nebraska State Patrol.least forty-eight

Appears in 1 contract

Samples: Labor Contract

Procedures and Safeguards. 7.7.1 29.7.1 The Agency may conduct investigations to discover the facts and circumstances surrounding any complaint, allegation, or suspicion of wrongdoing by a bargaining unit employeemember. However, the Agency will take precautions to protect the rights and privacy of personnel being investigated. 7.7.2 29.7.2 Investigations conducted by the Agency will not commit any act which would deprive the bargaining unit employee member of any statutory or constitutional rights or privileges. 7.7.3 29.7.3 The Employer will provide the employee with copies of all personnel orders pertaining to bargaining unit employees members as soon as the personnel orders are issued. As used in this section "personnel orders" shall be defined as all written notices of actual disciplinary actions (notices of intent to take disciplinary actions), transfer notices, promotion notices and termination notices. 7.7.4 29.7.4 An employee under investigation may be interviewed by an investigator for Internal Affairs or by a supervisor assigned to investigate as to a matter under investigation. The employee may be compelled to provide information concerning the complaint or allegation of wrongdoing against him/her. Xxxxxxx warnings shall be given in the appropriate circumstances on the form found at Appendix D. Counsel or other representative may accompany the employee to the interview. 29.7.4.1 A bargaining unit employee member shall be required to answer only those questions specifically relating to such employeemember’s duties and responsibilities within the scope of his/her employment, and acts or conduct (on or off the job) which adversely affects the employee's ’s performance and/or the employing agency's ’s performance or function. An employee shall only be compelled to respond to questions directly related to the subject matter under investigation by Internal Affairs. 7.7.5 The employee shall be entitled 29.7.4.2 Prior to such reasonable intermissions as he/she shall request for personal necessities. 7.7.6 The interview of the employee shall be during regular business hours. With the exception of telephone interviews, interviews shall take place at Employer facilities, or elsewhere if mutually agreed unless an emergency exists which requires the interview to be conducted elsewhere. No employee shall be scheduled for interviews on his/her day off; howeverrepresentative shall be given the right to review all existing reports contained in the case file that forms the basis for the requested interview, including copies of any employee who is interviewed off duty will be compensated. 7.7.7 Complaint Control Form (NSP 801 and 801A) but excluding documents containing confidential or privileged information, at least forty-eight (48) hours prior to such interview. The employee under investigation must, at the time of an interview, be informed of the name of the individual in charge of the investigation may waive notice and the name of the individual who will be conducting the interview. At the State Fire Marshal’s Office, the investigating officer and the individual who will be conducting the interviews shall be one of the District Chief Deputies, the Chief Investigator, or the Fuels Division Manager. An investigating officer may do both duties. At any time an investigation of a complaint, allegation or suspicion of wrongdoing by a bargaining unit employee is determined to involve a violation of a criminal law, the investigation shall be turned over access to the Nebraska State Patrolreports.

Appears in 1 contract

Samples: Labor Contract

Procedures and Safeguards. 7.7.1 The Agency may conduct investigations to discover the facts and circumstances surrounding any complaint, allegation, or suspicion of wrongdoing by a bargaining unit employee. However, the Agency will take precautions to protect the rights and privacy of personnel being investigated. 7.7.2 Investigations conducted by the Agency will not knowingly commit any act which would deprive the bargaining unit employee of any statutory or constitutional rights or privileges. 7.7.3 The Employer will provide the employee with copies of all personnel orders pertaining to bargaining unit employees as soon as the personnel orders are issued. As used in this section "personnel orders" shall be defined as all written notices of actual disciplinary actions (notices of intent to take disciplinary actions), transfer notices, promotion notices and termination notices. 7.7.4 A bargaining unit employee shall be required to answer only those questions specifically relating to such employee’s duties and responsibilities within the scope of his/her employment, and acts or conduct (on or off the job) which adversely affects the employee's performance and/or the employing agency's performance or function. 7.7.5 The employee shall be entitled to such reasonable intermissions as he/she shall request for personal necessities. 7.7.6 The interview of the employee shall be during regular business hours. With the exception of telephone interviews, interviews shall take place at Employer facilities, or elsewhere if mutually agreed unless an emergency exists which requires the interview to be conducted elsewhere. No employee shall be scheduled for interviews on his/her day off; however, any employee who is interviewed off duty will be compensated. 7.7.7 The employee under investigation must, at the time of an interview, be informed of the name of the individual in charge of the investigation and the name of the individual who will be conducting the interview. At the State Fire Marshal’s Office, the investigating officer and the individual who will be conducting the interviews shall be one of the three District Chief Deputies, the Deputy’s. A District Chief Investigator, or the Fuels Division Manager. An investigating officer Deputy may do both duties. At any time an investigation of a complaint, allegation or suspicion of wrongdoing by a bargaining unit employee is determined to involve a violation of a criminal law, the investigation shall be turned over to the Nebraska State Patrol.

Appears in 1 contract

Samples: Labor Contract

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