Refusal to Answer Questions. Before a Member may be charged with insubordination or like offense for refusing to answer questions or participate in an investigation, the Member shall be advised that such conduct, if continued, may be made the basis for such a charge. No Member shall be charged with insubordination where such refusal is based on the Member’s exercise of the rights afforded the Member in regard to a criminal investigation. However, if a Member is provided “Xxxxxxx Rights”, and is informed by the Investigating Officer that the Member’s responses to questions will not result in any criminal proceeding against the Member, and the Member is ordered to answer the questions, a Member’s refusal to answer questions or refusal to participate in the investigation may form the basis for a charge of insubordination.
Refusal to Answer Questions. An officer accused of violating Ohio University or Department Policy and Procedure and who refuses to answer questions or fully cooperate during an administrative investigation may be charged with insubordination or like offense. Before such charge, the officer must be advised that such conduct, if continued, may be the basis for such charges and corrective action up to and including termination. An officer accused of violating Ohio University or Department Policy and Procedure will be provided with a Xxxxxxx Warning before being ordered to answer questions. An officer refusing to answer questions after being provided Xxxxxxx may face the charge of insubordination or like offense and attendant corrective action up to and including termination.
Refusal to Answer Questions. A lieutenant accused of violating Ohio University or Department Policy and Procedure and who refuses to answer questions or fully cooperate during an administrative investigation may be charged with insubordination or like offense. Before such charge, the lieutenant must be advised that such conduct, if continued, may be the basis for such charges and corrective action up to and including termination. A lieutenant accused of violating Ohio University or Department Policy and Procedure will be provided with a Xxxxxxx Warning before being ordered to answer questions. A lieutenant refusing to answer questions after being provided Xxxxxxx may face the charge of insubordination or like offense and attendant corrective action up to and including termination.
Refusal to Answer Questions. In the case of an administrative investigation, before an employee may be charged with insubordination or like offense for refusing to answer questions or participate in an investigation, the employee shall be advised that such conduct, if continued, may be made the basis for such a charge. Except as set forth below, no employee shall be charged with insubordination where such refusal is based on the employee’s exercise of the rights afforded the employee in regard to a criminal investigation. However, if an employee is informed in writing by the investigating officer that his or her responses to questions will not result in criminal charges against the employee, and the employee is ordered to answer the questions, an employee’s refusal to answer questions or refusal to participate in the investigation may form the basis for a charge of insubordination.
Refusal to Answer Questions. The refusal of an officer to answer questions concerning non-criminal matters may result in disciplinary action. In any case in which a police officer is being questioned as part of an official investigation of the Brunswick Police Department, which could result in administrative disciplinary action, the so-called Xxxxxxx Warning shall be given to the member concerned prior to the commencement of any questioning. The Xxxxxxx Warning shall be as follows: "Officer you are being questioned as part of an official investigation of the Brunswick Police Department. You will be asked questions relating to the performance of your official duties and conduct. You are entitled to assert your Fifth Amendment rights during the investigation. If you do so, you may be subject to suspension, termination or some other appropriate penalty. If you decide not to invoke the Constitutional privilege, anything said of an incriminating nature may not be used against you in a criminal proceeding." The interview shall be conducted with as much confidentiality as possible. The interview of a member suspected of violating Department rules and regulations or other violations shall be limited to questions which are directly, narrowly and specifically related to the member's performance as it relates to the alleged violation. If the member is under arrest or is likely to be, that is, if he is a suspect or the target of a criminal investigation, he/she shall be afforded all rights granted under such circumstances to other persons. In all cases in which a member is interviewed concerning a serious violation of Departmental rules and regulations, which if proven could result in his/her removal from the department, he/she shall be afforded a reasonable opportunity and facilities to contact and consult privately with an attorney of his/her own choosing and/or Association Counsel before being interviewed, and his/her attorney and/or counsel may be present during the interview. The investigation will be conducted without unreasonable delay and the member will be advised of the final outcome of the investigation.
Refusal to Answer Questions. An officer accused of violating Ohio University or Department Policy and Procedure and who refuses to answer questions or fully cooperate during an administrative investigation may be charged with insubordination or like offense.
