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. 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. Recognizing that the formality of this process is intended to ensure member rights are adhered to, any member wishing to waive this process for oral or written reprimands may do so. If based on the information provided at the time of the allegation, the Chief of Police feels that, if sustained, the employee will only face discipline less than suspension, the Chief can advise the union representative and president. After discussing with the member that is under investigation, the member can choose to waive the process. If at any time during this process, including after the member has waived Article 19, the Chief of Police receives information that, if sustained, could lead to a suspension, demotion or potential termination, the Chief will adhere to the full provisions of Article 19.
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.
