Voluntary Unpaid Leave Option a. During the Administrative Investigation of an allegation that an employee has committed a felony or an offense that could result in a decertification, refusal to certify, or refusal to recertify by the POST Board, the Internal Affairs Office, Chief of Police, or the Chief’s designee, may compel the subject employee to provide an interview, in accordance with Article 35 of this Agreement.
b. An employee who has had a felony charge or a charge that could result in decertification, refusal to certify, or refusal to recertify by the POST Board filed against him or her by a local, state or federal prosecutor’s office, but who has not been placed on unpaid administrative leave by the Chief/designee, may voluntarily request to be placed on unpaid administrative leave to protect against self- incrimination should a Xxxxxxx interview be compelled by the agency. The request to be placed on unpaid administrative leave shall be made by the employee to the Chief Human Resources Officer. Upon the employee’s request, the Chief Human Resources Officer will consult with the President of the FOP and the granting of unpaid administrative leave is subject to the approval of the Chief of Police/designee.
c. If the request to be placed on unpaid administrative leave is granted, and the employee decides not to give a Xxxxxxx interview about the criminal charges, it shall not be considered insubordination or a violation of any policy regarding non- compliance with the administrative investigation or order. However, if there are other allegations of misconduct that are not elements of the criminal charges, the City may compel an interview with the employee regarding those allegations. Refusal to cooperate with that interview shall be considered insubordination and a violation of policy. Any hours associated with a compelled interview will be considered hours worked and will be paid at the employee’s normal hourly rate.
d. The City will continue the administrative investigation of the alleged felony or offense that could result in a decertification, refusal to certify, or refusal to recertify by the POST Board. When the investigation reaches a point where the employee’s interview is necessary prior to concluding the investigation, and the criminal case has not reached a disposition, the City will request the employee to cooperate in that investigation and submit to an interview. If the employee refuses and the City determines the alleged felony or offense (that could result in a...
