XXXX OF RIGHTS. 31.1 Subject to the provisions of this contract and except as otherwise provided, employees have the right to use the grievance procedure contained herein to protect their rights as set forth in this Agreement.
31.2 All employees within the bargaining unit shall be covered by the following rules and regulations. The powers and duties of law enforcement officers involve them in many contacts with members of the public and questions are bound to arise as to the nature of such contacts, which questions require immediate investigation by superior officers who have been authorized to make such investigations by the Chief of Police. Such investigations shall be conducted under the following general guidelines: • When a permanent, non-probationary employee is the subject of a formal internal investigation by the Camas Police Department, prior to any interview of the employee, the employee shall be advised of the specific nature of the inquiry of and whether the employee is suspected of (1) committing a criminal offense; (2) misconduct that would be grounds for termination, demotion, suspension, or other disciplinary actions; (3) that the employee may not be qualified for continued employment with the Department. All interviews shall be conducted in a manner consistent with due process rights granted by law. The officer shall not thereafter contact the citizen or witnesses without prior permission of the Chief of Police. • If the Chief of Police determines that the officer should be questioned about the allegation, such questioning shall be done as soon as practicable. Unless an emergency is thought by the Chief of Police to exist, such questioning shall be while the member is on duty and during the daytime, if possible. • Questioning of the officer shall be with full regard to the officer’s constitutional rights. If the allegations amount to a charge that the officer is guilty of a crime, the officer shall be fully advised of rights under the Miranda decision. The employee shall have the right to retain an attorney of the employee’s own choosing, (at no expense to the City of Camas). Such attorney (and/or a representative of the Association) shall have the right to be present during any questioning. • Questioning of an employee accused of misconduct shall not be overly long, and the employee shall be entitled to reasonable intermission for personal necessities, meals, telephone calls, and rest periods. Providing both parties agree, the Employer or the employee ma...
XXXX OF RIGHTS. 38.1: No employee shall be ordered or coerced in any manner to submit to a polygraph examination, lie detector test or similar test, or chemical such as sodium pentothal or truth serum tests or similar tests by whatever name called for any reason unless such employee shall demand said examination in writing.
38.2: No employee shall be discharged, disciplined, or in any way discriminated against for refusing or declining to submit to a polygraph examination, lie detector test, or similar test by whatever name called.
38.3: The employer and/or employee shall not utilize any type of recording device or electronic surveillance device to record or transcribe any conversation between the employer and any employee unless disclosure of such device is made to the employer and/or employee prior to such conversation or the employer has received a proper court order.
38.4: Except when on duty, in uniform, or when acting in his official capacity, no employee shall be prohibited from engaging in political activity or be denied the right to refrain from engaging in political activity.
38.5: Employees shall have the right to bring civil suit against any person, group of persons, or any organizations or corporations or the heads of such organizations or corporations for damages suffered, either pecuniary or otherwise, or for abridgment of their civil rights arising out of the officer’s performance of official duties.
38.6: Any employee shall have the right to examine any and all personnel files maintained by the employer regarding the employee with the exception of employment letters of recommendation, upon written request during normal business hours construed to be 9:00 a.m. to 5:00 p.m., Monday through Friday, excepting holidays. Officers may comment in writing to any adverse materials placed in his or her personnel file.
38.7: The employee’s files shall not be made available to any person or organization other than the employer and employee without the employee’s written authorization, except pursuant to an appropriate Court or Civil Service Commission order or subpoena.
38.8: No employee shall be required or requested for purposes of assignment or other personnel action to disclose any item of his or her property, income, assets, source of income, debts, or personal or domestic expenditures (including those of any member of his or her family or household), unless such information is obtained under proper legal procedures or tends to indicate a conflict of interest wit...
XXXX OF RIGHTS. It is understood that a positive work environment is in the best interest of all members of Seminole County Public Schools, from the Office of the Superintendent to the students of this school district. In order to ensure this positive work environment, the Board and the Association agree that the following eight (8) statements, known as the Teacher Xxxx of Rights, will be followed without exception. It is also agreed that the burden of following these Teacher Xxxx of Rights will be placed on the school’s administration.
XXXX OF RIGHTS. Resumption of assignment at the beginning of a school year.
XXXX OF RIGHTS. 11.1 Whenever a law enforcement officer is under investigation and subject to interrogation by members of his or her agency for any reason, which could lead to disciplinary action, demotion, or dismissal, such interrogation shall be conducted under the following conditions:
(a) The interrogation shall be conducted at a reasonable hour, preferably at a time when the law enforcement officer is on duty, unless the seriousness of the investigation is of such a degree that immediate action is required.
(b) The interrogation shall take place either at the office of the command of the investigating officer or at the office of the local precinct, or police unit in which the incident allegedly occurred, as designated by the investigating officer of agency.
(c) The law enforcement officer under investigation shall be informed of the rank, name, and command of the officer in charge of the investigation, the interrogating officer, and all persons present during the interrogation. All questions directed to the officer under interrogation shall be asked by or through one (1) interrogator during any one (1) investigative interrogation, unless specifically waived by the officer under investigation.
(d) The law enforcement officer under investigation shall be informed of the nature of the investigation prior to any interrogation, and he or she shall be informed of the name of all complainants.
(e) Interrogating sessions shall be for reasonable periods and shall be timed to allow for such personal necessities and rest periods as are reasonably necessary.
(f) The law enforcement officer under interrogation shall not be subjected to offensive language or threatened with transfer, dismissal, or disciplinary action. No promise or reward shall be made as an inducement to answer any questions.
(g) The formal interrogation of a law enforcement officer, including all recess periods, shall be recorded on audio tape, or otherwise preserved in such a manner as to allow a transcript to be prepared, and there shall be no unrecorded questions or statements. Upon the request of the interrogated officer, a copy of any such recording of the interrogation session must be made available to the interrogated officer no later than 72 hours, excluding holidays and weekends, following said interrogation.
(h) If the law enforcement officer under interrogation is under arrest, or is likely to be placed under arrest as a result of the interrogation or interview, he or she shall be completely informed...
XXXX OF RIGHTS. 1. No Employee shall be required to sign a statement of complaint filed against the Employee.
2. If the Employer pursues an investigation based on such complaint, the Employee shall be advised of the seriousness of the complaint. The Employee will be informed of the complaint, and will be afforded an opportunity to respond to the complaint, and to furnish evidence in support of the Employee's case. The Employee shall have the right to be represented by the Union in presenting the Employee's case.
3. Before making a final decision, the Employer shall review and consider all available evidence and data, including factors supporting the Employee's position, whether or not the Employee offers such factors in the Employee's own defense.
4. If the complaint filed against the Employee results in disciplinary action, and the Union or Employee believes that the action taken is improper or unjust, the Union or Employee shall have the right to process a grievance pursuant to Article 11, Grievance Procedure.
XXXX OF RIGHTS. If the inquiry, investigation or interrogation of a peace officer results in the recommendation of some action, such as transfer, suspension, dismissal, loss of pay, reassignment, or similar action which would be considered a punitive measure, then before taking such action, the Employer shall follow the procedures set forth in 50 ILCS 725/1 of the Illinois Compiled Statutes. The officer may be relieved of duty pending formal hearing and shall receive all ordinary pay and benefits, as he/she would have if he/she were not charged. The Employee shall have the right to be represented at such inquiries, investigations or interrogations by a Council representative. In the case of recommended suspensions pending discharge, the officer may be relieved of duty without pay for a period of up to thirty (30) days during which a hearing shall be held on the recommended discharge.
XXXX OF RIGHTS. A. Members of the Police Force hold the unique status as public officers in that the nature of their office and employment involves the exercise of a portion of the police powers of the municipality.
B. The wide ranging powers and duties given to the Department and its members involve them in all manner of contacts and relationships with the public. Out of these contacts may come questions concerning the actions of the members of the Police Force. These questions may require investigations by superior officers. These investigations are to be conducted in a manner which is conducive to good order and discipline. Any investigation shall follow a procedure which is in compliance with the Law, Statutes, Ordinances, case decisions, and as outlined herein, giving just due to the rights of the parties involved and consistent with due process. Whenever a law enforcement officer is under investigation or subject to interrogation by a law enforcement agency, for any reason which could lead to a disciplinary action under N.J.S.A. 40A:14-147, the interrogation shall be conducted under the following conditions:
1. The member shall be immediately informed of the nature of the investigation before any interrogation commences.
2. If the informant or complainant is anonymous, then the officer shall be so advised. Sufficient information to reasonably apprise the member of the allegations must be provided.
3. If it is known that the member of the force is being interrogated as a witness only, he/she shall be so informed at the initial contact. But, if the member is the subject of a disciplinary investigation, he/she shall have the opportunity to obtain representation by an attorney and/or by the FOP in accordance with this Article.
4. All complaints against or concerning a law enforcement officer shall be memorialized in writing. The written memorialization shall be in report form, serialized, marked with the date and time of receipt, and forwarded to the Chief of Police. Unsubstantiated or unfounded complaints may be maintained provided they are noted as being without foundation. No such complaints shall be used in any evaluation or in any discipline of the officer for any reason.
5. Interrogation sessions shall be for reasonable periods. The officer being interrogated shall be allowed telephone calls, refreshments, and meals.
a. In matters which are purely disciplinary in nature, the law enforcement officer may request a suspension of the interrogation for up to twenty-fou...
XXXX OF RIGHTS. The “Police Officers’ Xxxx of Rights” spells out the minimum rights of an officer but where the language of the contract or the past practices of the Department grant the officer greater rights, those greater rights shall pertain. Both parties affirm their commitment to comply with the intent of this Article. The wide-ranging powers and duties given to the Police Department and its members involve them in all manner of contacts and relationships with the public. From these contacts come many questions concerning the actions of members of the force. These questions often require immediate investigation by superior officers designated by the Chief of the Seattle Police Department.
XXXX OF RIGHTS. 10.01 Employees shall be entitled to the following rights:
A. An employee has the right to be represented by counsel or representatives of the Union and the right to cross-examination of witnesses at all disciplinary hearings before the Township Trustees. The Union shall have the right to attend any such hearing involving an employee covered by this Agreement.
B. An employee who is the subject of and is to be questioned in any departmental investigation involving charges of a criminal nature shall be advised of his constitutional rights before any questioning starts and shall be entitled to have a representative of the Union present.
C. Any questioning, interrogating or interviewing of an employee shall occur at a reasonable hour, preferably while the employee is working, unless circumstances make it impracticable to conduct the investigation while the employee is on duty. Interrogation sessions shall be for reasonable periods of time, and time shall be allowed during the questioning for rest periods or for other physical necessities. The same practices apply when an employee is to be interviewed in an investigation of any other member of the Police Department.
D. The employee shall be informed of the nature of the investigation prior to any questioning, as well as the name and address of the complainant.
E. When a single anonymous complaint is made against an employee and there is no corroborative evidence of any kind, the employee accused shall not be required to submit to interrogation or make a report. If a complaint is made against an employee, the Employer shall require the complainant to reduce the complaint to writing prior to the filing of any disciplinary charges.
F. Except as required by law, there shall be no press release by the Employer or the Union regarding the employee under investigation until the investigation is completed and the employee is either cleared or charged.
G. No evidence shall be obtained in the course of the internal investigation through the use of administrative pressures, threats or promises made to the employee, so long as the employee answers the questions posed during the investigation.
H. No polygraph examination or voice print test will be administered.
I. An employee who has been charged with a violation of any Department policy, rule or regulation shall, upon request, be provided the opportunity to obtain copies of transcripts, recordings, written statements and any other material relating to the charges as a cond...
