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 may provide for the mechanical, electronic, or stenographic recording of any formal employee interview which could likely lead to criminal charges being filed against the employee or which could result in discipline of the employee by the Department. Whenever such a recording is made by one party, the other party shall have the right to make a copy of the recording. An employee who is the subject for a formal investigation shall have a right to make copies of any statement the employee has signed pertaining to the investigation. • It is understood that under state law, no officer may be required to take any lie detector test as a condition of continued employment, though the officer may request a polygraph test. If one is requested by the employee, it shall be taken by an independent agency mutually agreed upon by the Association and the Chief of Police at the Employer’s expense.
Appears in 2 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement
XXXX OF RIGHTS. 31.1 Subject Individual rights of employees in the Anchorage Police Department shall not be violated. To insure this, the following shall represent the Employee's Xxxx of Rights:
A. An employee shall be entitled to representation from the provisions Association or its designee at each step of this contract and except as otherwise provided, employees have the right to use the grievance procedure contained herein to protect their rights as Grievance Procedure set forth in this Agreement.
31.2 All employees within the bargaining unit B. An employee shall be covered entitled to representation by the following rules Association or its designee at each stage of a disciplinary proceeding brought against an Association member. Disciplinary proceeding is defined as any action taken against an employee by a superior officer, that may affect his working conditions, integrity, hours or wages, and regulationswhich could reasonably lead to oral reprimand, written reprimand, suspension, discharge, demotion or disciplinary transfer.
C. No employee shall be required by the Municipality to submit to an interview in a disciplinary proceeding unless the employee is afforded the opportunity of having an Association representative or its designee present. If the Employer has reasonable cause to question an employee's fitness for duty, the Employer may require the employee to undergo a physical or mental examination to determine continued fitness for duty. If the employee disagrees with the results of such examination, or the results of the first examination indicate that a further examination is required, then either the employee or Employer may require a second examination. Should the findings and recommendations of the examining physicians significantly differ, a third opinion from another qualified physician selected jointly by the two physicians shall be obtained. The powers third opinion shall be followed by the Employer, the Association and duties of law enforcement officers involve them in many contacts with members of affected employee. The first and, where applicable, third examination shall be paid for by the public Employer and questions are bound to arise as the second examination shall be paid by the employee (to the nature of extent that such contactsexamination is not paid for through the Health and Welfare Plan) if the employee requests the examination, which questions require immediate investigation by superior officers who have been authorized to make such investigations by or the Chief of Police. Such investigations shall be conducted under Employer if the following general guidelines: • When a permanent, non-probationary employee is Employer requires the subject of a formal internal investigation by the Camas Police Department, prior to any interview of the employeesecond examination.
D. In all disciplinary hearings, the employee shall be advised presumed innocent until proven guilty. This presumption does not increase the Employer's burden to establish just cause in any disciplinary action.
E. An employee shall not be coerced or intimidated or suffer any reprisals either directly or indirectly that may adversely affect hours, wages, or other terms and conditions of employment as a result of the specific exercise of rights under this Agreement.
F. When an employee is (a) under investigation, and (b) subjected to interview by the Department, (c) which could lead to disciplinary action (which is defined as oral reprimand, written reprimand, suspension, discharge, demotion or disciplinary transfer), the interview shall be conducted under conditions listed in this Section.
G. The following provisions shall apply to such interviews:
1. Interviews shall be conducted at a reasonable hour, preferably when the employee is on duty, unless the seriousness of the investigation requires otherwise.
2. Employees shall be compensated if the interview occurs off-duty, at the appropriate overtime rate of pay.
3. Employees under non-criminal investigation shall be informed of the nature of the inquiry of investigation 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 may provide for the mechanical, electronic, or stenographic recording of any formal employee interview which could likely lead to criminal charges being filed against the employee or which could result in discipline of the employee by the Department. Whenever such a recording is made by one party, the other party shall have the right to make provided a copy of the recording. An employee who is the subject for a formal investigation shall have a right to make copies of any statement the employee has signed pertaining to the investigation. • It is understood that under state lawwritten complaint, no officer may be required to take any lie detector test as a condition of continued employmentif one exists, though the officer may request a polygraph test. If one is requested by the employee, it shall be taken by an independent agency mutually agreed upon by the Association and the Chief of Police at the Employer’s expense.within four
Appears in 2 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement
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 may provide for the mechanical, electronic, or stenographic recording of any formal employee interview which could likely lead to criminal charges being filed against the employee or which could result in discipline of the employee by the Department. Whenever such a recording is made by one party, the other party shall have the right to make a copy of the recording. An employee who is the subject for a formal investigation shall have a right to make copies of any statement the employee has signed pertaining to the investigation. • It is understood that under state law, no officer may be required to take any lie detector test as a condition of continued employment, though the officer may request a polygraph test. If one is requested by the employee, it shall be taken by an independent agency mutually agreed upon by the Association and the Chief of Police at the Employer’s expense.
Appears in 2 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement
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 entitled to the following rules and regulations. protection of what shall hereafter be termed as the “Police Officers Xxxx of Rights.” The wide-ranging powers and duties of law enforcement officers given to the department and its members involve them in all manner of contacts and relationships with the public. Of these contacts come many contacts with questions concerning the actions of members of the public and force. These questions are bound to arise as to the nature of such contacts, which questions often require an immediate investigation by superior officers who have been authorized to make such investigations designated by the Chief of Police. Such In an effort to ensure that these investigations are conducted in a manner, which is conducive to good order and discipline, the following guidelines are promulgated:
7.7.1 Employees shall be conducted under informed in writing, of the following general guidelines: • When nature of the investigation, the right to request Guild representation, and whether they are a permanent, non-probationary employee is the witness or a subject of a formal internal investigation by the Camas Police Departmentinvestigation, prior to before any interview of the employeeemployee commences. In investigations other than criminal, this will include the name, address, and other information necessary to reasonably apprise them of the allegations of such complaint. An employee who is identified as a subject of the investigation, shall be advised in writing a minimum of forty-eight (48) hours prior to the time of the specific nature of interview, if the inquiry of and whether interviewer either knows or reasonably should know that the employee is suspected of (1) committing questioning concerns a matter that could lead to criminal offense; (2) charges or misconduct that would could be grounds for termination. Employees who are given a forty-eight (48) hour notification may waive that delay by signing a written waiver form, demotion, suspension, or other disciplinary actions; (3) provided that the employee may not either has Guild representation or waives the right to such representation in writing.
7.7.2 Any interview of an employee shall be qualified for continued employment with at a reasonable hour, preferably when the Departmentemployee is on duty unless the exigencies of the investigation dictate otherwise. All Where practicable, interviews shall be conducted in a manner consistent with due process rights granted by law. scheduled for the daytime.
7.7.3 The officer interview, which shall not thereafter contact violate 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 officeremployee’s constitutional rights. If , shall take place at the allegations amount to a charge that the officer is guilty of a crimeXxxxxxxx Police Station facility, the officer shall be fully advised of rights under the Miranda decisionexcept where impractical. The employee shall have be afforded the right opportunity and facilities to retain contact and consult privately with an attorney of the employee’s own choosing, (at no expense to the City of Camas). Such attorney (choosing and/or a representative of the Association) shall have Guild. Said attorney and/or representative of the right to Guild may be present during any questioning. • Questioning of an employee accused of misconduct the interview but shall not participate in the interview except to counsel the employee, provided that the Guild representative or attorney may participate to the extent permitted by law.
7.7.4 The questioning shall not be overly long, and the employee shall be entitled to such reasonable intermission intermissions as they shall request for personal necessities, meals, telephone calls, and rest periods.
7.7.5 The employee shall not be subjected to any offensive language, nor shall they be threatened with dismissal, transfer, or other disciplinary punishment as a guise to attempt to obtain their resignation, nor shall they be intimidated in any other manner. Providing both parties agreeNo promises or rewards shall be made as an inducement to answer questions.
7.7.6 It shall be unlawful for the City to require any employee covered by this agreement to take or be subjected to any polygraph or any polygraph type of examination as the condition of continued or continuous employment or to avoid any threatened disciplinary action.
7.7.7 At the employee’s request, the Employer interview shall be recorded on tape. One copy shall be provided to the Guild representative or employee. There shall be no “off-the record” questions. Within seven (7) calendar days of the completion of the investigation, and no later than three (3) calendar days prior to a pre- disciplinary hearing, the employee may provide for the mechanical, electronic, or stenographic recording of any formal employee interview which could likely lead to criminal charges being filed against the employee or which could result in discipline shall be advised of the employee by results of the Department. Whenever such investigation and the recommended disposition and shall be furnished a recording is made by one party, the other party shall have the right to make a complete copy of the recordinginvestigation report, provided that the Employer is not required to release statements made by persons requesting confidentiality where the request was initiated by such persons and provided further that such confidential statements may not be relied upon to form the basis of discipline. An employee who All interviews shall be limited in scope to activities, circumstances, events, conduct or actions which pertain to the incident which is the subject for a formal investigation shall have a right to make copies of any statement the employee has signed pertaining to the investigation. • It Nothing in this section shall prohibit the Employer from questioning the employee about information which is understood that under state law, no officer may be required to take any lie detector test as a condition developed during the course of continued employment, though the officer may request a polygraph test. If one is requested by the employee, it shall be taken by an independent agency mutually agreed upon by the Association and the Chief of Police at the Employer’s expenseinterview.
Appears in 2 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement
XXXX OF RIGHTS. 31.1 Subject In order to safeguard fundamental rights for law enforcement officers employed by the Township of East Windsor, it is agreed that:
1. Except when on duty or acting in his official capacity as a law enforcement officer, no law enforcement officer shall be prohibited from engaging in political activity, provided his position as a law enforcement officer is not used in any way, directly or indirectly, while engaging in said political activities. As employed herein, the term "law enforcement officer" shall mean any member of the East Windsor Township Police Department whose primary duties and responsibilities are the enforcement of the laws and regulations of the State of New Jersey and the protection of the life, peace and property of Its citizens; and is empowered by State statute to act for the arrest, detention and conviction of persons violating the laws. It is understood that a police officer will not engage in any political activity which requires a signature or donation or any other action which would indicate compliance with the officer's request in the municipality in which he is employed, nor shall he/she engage in any political activity or hold any public office which would violate the statutory or common law of New Jersey.
2. Whenever a law enforcement officer has received notice that he/she is under formal investigation for alleged malfeasance, misfeasance, nonfeasance of official duty with a view to possible disciplinary action, demotion, dismissal or criminal charges, the following minimum standards shall apply:
a. Any formal interrogation of a law enforcement officer, whether as a subject of the investigation or as a witness, shall take place at the location designated by the investigatory officer, except it shall not be conducted at the law enforcement officer's home unless the home is specifically involved in the complaint, and preferably when the employee is on duty. A member of the Department shall be compensated for lost time accruing from investigations in accordance with existing Departmental Policy. The questioning of an officer shall be conducted at a reasonable hour in a noncoercive manner, without threat or promise of reward. The questioning shall be of a reasonable duration and rest periods allowed. Time shall be provided for personal necessities, meals and telephone calls as are reasonably necessary. The law enforcement officer shall be entitled to the presence of his counsel or any other one person of his choice at any interrogation in connection with the investigation.
b. The law enforcement officer being investigated shall be informed at the commencement of any interrogation of the nature of the investigation, including whether the officer is a target of the investigation, if known, the statute, rule or regulations allegedly violated, if known, the names of any complainants, and the identity and the authority of those conducting the investigation. This shall not preclude the employer from subsequently modifying, amending or changing the statute, rule and regulation under which the charges are brought. Also, at the commencement of any interrogation of such officer in connection with any such investigation, the officer shall be informed of the identity of all persons present during such interrogation. All questions asked in any such interrogation, whenever practicable, shall be asked by or through a single interrogator.
c. No formal hearing by means of which a law enforcement officer may be disciplined or penalized may be brought except in accordance with New Jersey State Statutes.
d. The interrogation of the employee concerned shall be recorded mechanically or by written form. "Off the record" questions shall not be permitted. Any recesses called during the interrogation shall be recorded.
e. If an officer is placed under arrest or is likely to be placed under arrest for a criminal offense, he/she shall be afforded all constitutional rights and, in addition, he/she shall be given the following warning prior to the commencement of any interrogation:
f. It is understood that 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 Paragraph 2a-e above shall be covered not preclude initial or preliminary inquiries by the following rules Township and regulationsshall only apply upon the commencement of a formal investigation or the filing of a complaint. The powers and duties of ARTICLE XXXVII XXXX OF RIGHTS
3. All investigations against 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 expeditiously. If charges are to be brought against the following general guidelines: • When a permanentofficer, non-probationary employee is the subject they shall be brought in accordance with law.
4. There shall be removed from an officer's personnel file all papers, files, reports, notes and copies thereof relating to an investigation of a formal internal police officer when the investigation by does not result in any disciplinary action or when the Camas Police Departmentofficer is exonerated. These items, prior to any interview of the employeeif retained, the employee shall be advised of maintained separate and apart from 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 lawpersonnel file. The officer shall not thereafter contact may on proper notice inspect these materials at the citizen or witnesses without prior permission discretion of the Chief of Police.
5. • 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 No law enforcement officer shall be with full regard required to disclose, for the purpose of promotion or assignment, any information concerning his property, income, assets, debts or expenditures or those of any member of such officer's household, except where such information relates directly to the officer’s constitutional rights's assignment or duties. If the allegations amount to a charge that the officer is guilty of a crime, the No 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 may provide for the mechanical, electronic, or stenographic recording of any formal employee interview which could likely lead to criminal charges being filed against the employee or which could result in discipline of the employee by the Department. Whenever such a recording is made by one party, the other party shall have the right to make a copy of the recording. An employee who is the subject for a formal investigation shall have a right to make copies of any statement the employee has signed pertaining to the investigation. • It is understood that under state law, no officer may be required to take any lie detector or other test designed to determine the truthfulness of any statement as part of any investigation or as a condition of continued employment, though the officer may request a polygraph test.
6. If one is requested by the employee, it There shall be taken no penalty nor threat of any penalty for the exercise by an independent agency mutually agreed upon by the Association and the Chief a law enforcement officer of Police at the Employer’s expensehis rights under this Xxxx of Rights.
Appears in 1 contract
Samples: Collective Bargaining Agreement
XXXX OF RIGHTS. 31.1 Subject In an effort to the provisions of this contract and except ensure that investigations, 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 designated by the Chief of Police. Such investigations Police of the Renton Police Department, are conducted in a manner which is conducive to good order and discipline, the Non- Commissioned Employees of the Renton Police Guild shall be conducted entitled to the protection of what shall hereafter be termed as the “Police Non-Commissioned Employees’ Xxxx of Rights”.
15.2.1. The City and the Guild agree that all employees should work in an environment that fosters mutual respect and professionalism. The parties agree that inappropriate behavior in the workplace does not promote the City’s business, employee well-being, or
15.2.2. If an employee becomes the suspect in an internal that could result in criminal charges, that investigation may be investigated by another agency outside the City of Renton.
15.2.3. Employees will not be under any type of electronic surveillance by any employee of the following general guidelines: • When a permanent, non-probationary Renton Police
15.2.4. Any employee is who becomes the subject of a formal an internal investigation by the Camas Police Departmentinvestigation, prior to any interview of the employeeor an investigatory interview, the employee shall be advised in writing of the specific following within three business days of the date of their first interview:
a. General orders violated and the nature of the inquiry matter in sufficient detail to reasonably apprise him/her of and whether the employee is matter (unless suspected of (1) committing a criminal offense; (2) misconduct );
b. Misconduct that would be grounds for termination, demotion, suspension, or other disciplinary actions; (3) that the employee and
c. That he/she may not be qualified for continued employment with the Department. All interviews shall be conducted An “investigatory interview” occurs when a supervisor knows or reasonably should know that they are questioning an employee about something that could result in an economic sanction.
15.2.5. Any employee who becomes the subject of an investigation may have legal counsel or a manner consistent with due process rights granted by lawGuild representative present during all interviews. The officer shall not thereafter contact interviewer must provide at least three business days for the citizen employee to have legal counsel or witnesses without prior permission have a Guild representative present during the interview. An
15.2.6. The employee under investigation must, at the time of an interview, be informed 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 name of the officer shall employee in charge of the investigation and the name of the employee who will be with full regard conducting the interview.
15.2.7. Employees have Xxxxxxxxxx Rights during all interviews where they reasonably believe they could be subject 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 decisiondiscipline.
15.2.8. The employee shall have be informed in writing as to whether he/she is a witness or suspect. Should the right witness in an investigation become the suspect of an investigation during the investigatory interview, the Employer agrees to retain stop the interview to allow the employee to obtain Guild Representation. Lexipol shall govern the notification process .
15.2.9. The interview of any employee shall be at a reasonable hour, preferably when the employee is on duty. Whenever possible, interviews shall be scheduled during the normal workday of the Employer. The employee will be required to answer any questions involving non-criminal matters under investigation and will be afforded all rights and privileges to which he/she is entitled under the laws of the State of Washington or the United States.
15.2.10. The employee or Employer may request that a formal investigation interview be recorded. There can be no “off the record” questions. Upon request, the employee under formal investigation shall be provided an exact copy of any written statement he/she has signed. The employee will be furnished a copy of the completed investigation seventy-two (72) hours prior to any pre-disciplinary Xxxxxxxxxx hearings.
15.2.11. Interviewing shall be completed within a reasonable time and shall be done under circumstances devoid of intimidation or coercion. In all investigation interviews that may result in discipline, the employee shall be afforded an opportunity and facilities to contact and consult privately with an attorney of the employee’s his/her own choosing, (at no expense to the City of Camas)choosing or Guild representative before being interviewed. 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 The employee shall be entitled to reasonable intermission such intermissions as he/she shall request for personal necessities, meals, telephone calls, and rest periods.
15.2.12. Providing both parties agreeAll interviewing shall be limited in scope to activities, circumstances, or events, which pertain to the incident which is this subject of the investigation. Nothing in this section shall prohibit the Employer or from questioning the employee may provide for about information which is developed during the mechanical, electronic, or stenographic recording of any formal employee interview which could likely lead to criminal charges being filed against the employee or which could result in discipline course of the interview.
15.2.13. The employee by will not be threatened with dismissal or other disciplinary punishment as a guise to attempt to obtain his/her resignation, nor shall he/she be subject to abusive or offensive language or intimidation in any other manner. No promises or rewards shall be made as an inducement to answer questions.
15.2.14. Upon the Department. Whenever such a recording is made by one partycompletion of the investigation and upon request, the other party shall have the right to make a copy of the recordingentire file shall be provided to the employee.
15.2.15. An To balance the interest of the Employer in obtaining a psychological evaluation of an employee who is to determine the subject employee’s fitness for a formal investigation shall have a duty and the interest of the employee in having those examinations being conducted, psychological evaluations will be obtained in the least intrusive manner as possible. To protect the employee’s right to make copies of any statement privacy, the employee has signed pertaining to the investigation. • It is understood that under state law, no officer may be required to take any lie detector test as a condition of continued employment, though the officer may request a polygraph test. If one is requested by the employee, it shall be taken by an independent agency mutually Medical Release Form agreed upon by the Association Employer and the Chief Guild shall be signed by the employee prior to the evaluation (see Appendix D).
15.2.16. No employee shall be required to unwillingly submit to a polygraph test or to unwillingly answer questions for which the employee might otherwise properly invoke the protections of any constitutional amendment against self-incrimination. Nor shall any member be dismissed for or shall any other penalty be imposed upon any employee for his/her failure to submit to a polygraph test, or to answer questions for
15.2.17. Should any section, sub-section, paragraph, sentence, clause, or phrase in this Article be declared unconstitutional or invalid, for any reason, such decision shall not affect the validity of the remaining portions of this Article.
15.2.18. Any employee involved in the use of lethal force shall not be formally interviewed immediately following the incident. The policy and procedure outlined in Lexipol (Department Response to Line of Duty Death or Other Critical Incidents) will govern the response to issues regarding use of lethal force.
15.2.19. Investigations of known members by the Renton Police Department shall be completed in a timely manner with a goal of completion within thirty (30) days.
15.2.20. The right for an employee to add commentary during the Xxxxxxxxxx or at the Employer’s expenseend of the internal investigation process will be maintained.
Appears in 1 contract
Samples: Collective Bargaining Agreement
XXXX OF RIGHTS. 31.1 Subject 2.1 In an effort to the provisions of this contract and except ensure that investigations made by an officer or agency 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 designated by the Chief of Police. Such investigations Police of the Police Department are conducted in a manner which is conducive to good order and discipline, the employees shall be conducted under entitled to the following general guidelines: • When protection of what shall hereafter be termed as the “Employee Xxxx of Rights.” Nothing in this Article shall be constructed so as to prevent the interviewing by supervisory personnel of their subordinates as necessary for the conduct of department business. These guidelines apply whenever the Department decides to conduct an investigation of an employee, and that the results of the investigation can reasonably lead to discipline of the employee. The Guild recognizes the need to clarify citizen inquiries and complaints in a permanent, non-probationary timely fashion.
2.2 Every employee who becomes the subject of an internal investigation shall be provided a copy of the complaint if written or a written summary of the complaint if it is not available.
2.3 Any employee who becomes the subject of a formal internal criminal investigation shall have all rights accorded by the Camas Police Department, prior to State and Federal constitutions and Washington law.
2.4 Forty-eight (48) hours before any interview of the employeecommences, the employee shall be advised informed, in writing, of the nature of the investigation, that they are considered to be a subjects at that stage of the investigation, and provided sufficient information concerning the factual nature or subject of the investigation so as to reasonably apprise the officer of the specific nature allegations. An employee may waive the 48-hour requirement in writing. The written notice requirement does not apply to an investigation not reasonably likely to result in an economic sanction, provided that in such instances an employee could assert a right to a 48-hour period to consult with a Guild representative and prepare for the interview. An employee who is a witness and is not a subject shall be informed in the same manner as subjects provided that such notice need not be given forty-eight (48) hours in advance, provided further that witnesses retain whatever rights to representation they may be allowed law
2.5 The interview of the inquiry of and whether an employee shall be at a reasonable hour, preferably when the employee is suspected on duty, unless the exigency of the interview dictates otherwise.
2.6 At the cost of the requesting party, the employee or City may request that an investigative interview be recorded, either mechanically or by a stenographer. There can be no “off-the- record” questions. Upon request, the employee under an investigation shall be provided an exact copy of any written statement the employee has signed or, at the employee’s expense, a verbatim transcript of the interview.
2.7 The employee will be required to answer any questions involving administrative (1as opposed to criminal) committing matters under investigation. Prior to any questioning, the employee will be notified in writing and acknowledge receipt of the following: “You are about to be questioned as part of an internal investigation being conducted by the Police Department. You are hereby ordered to answer the questions which are put to you which relate to your conduct and/or job performance, or your fitness for duty, and to cooperate with this investigation. Your failure to cooperate with this investigation can be the subject of disciplinary action in and of itself, including dismissal. The statements you make or evidence gained as a result of this required cooperation may be used for administrative purposes but will not be used or introduced into evidence in a criminal offense; proceeding.” Employees who are subject to a criminal investigation shall be advised of that.
2.8 Interviewing shall be completed within a reasonable time and shall be done under circumstances devoid of intimidation or coercion. Forty-eight (248) misconduct that would be grounds for terminationhours prior to all investigative interviews, 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 afforded an opportunity and facilities to contact and consult with due process rights granted his or her Guild representative before being interviewed, and to represented by the Guild representative to the extent permitted 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 such brief intermissions as the employee shall reasonably request for personal necessities, meals, telephone calls, consultation with his or her representative, and rest periods.
2.9 The employee shall not be subjected to any profane language nor threatened with dismissal, transfer or other disciplinary punishment as a guise to obtain the resignation of said employee nor shall the employee be subjected to intimidation in any manner during the process of interrogation. Providing both parties agreeNo promises or rewards shall be made to the said employee as an inducement to answer questions.
2.10 Investigations shall be concluded within a reasonable period of time. Within a reasonable period after the conclusion of the investigation and no later than forty-eight (48) hours prior to a pre-disciplinary hearing, the Employer or the employee may provide for the mechanical, electronic, or stenographic recording of any formal employee interview which could likely lead to criminal charges being filed against the employee or which could result in discipline shall be advised of the employee by results of the Department. Whenever such investigation and the recommended disposition (which may be a recording is made by one party, the other party range of possible dispositions) and shall have the right to make be provided a copy of the recording. An employee who complete investigatory file.
2.11 All interviews shall be limited in scope to activities, circumstances, events, conduct or actions which pertain to the incident which is the subject for a formal investigation shall have a right to make copies of any statement the employee has signed pertaining to the investigation. • It Nothing in this section shall prohibit the Employer from questioning the employee about information which is understood that under state law, no officer may developed during the course of the interview.
2.12 No employee shall be requested or required to take submit to a polygraphs test; nor shall this employee be dismissed for or shall any lie detector test as other penalty be imposed upon the employee solely for a condition of continued employment, though the officer may request failure to submit to a polygraph test. If one is requested by This provision shall not apply to either the initial application for employment or to persons in the field of public law enforcement who are seeking promotion.
2.13 When an employee, it whether on or off duty, uses deadly force which results in the injury or death of a person, the employee shall not be taken by an independent agency mutually agreed upon by required to make a written or recorded statement for forty-eight (48) hours after the Association and incident. The affected employee may waive the Chief requirements to wait forty-eight (48) hours.
2.14 Should any section, subsection, paragraph, sentence, clause or phrase in this Article be declared unconstitutional or invalid, for any reason, such decision shall not affect the validity of Police at the Employer’s expenseremaining portions of this Article.
Appears in 1 contract
Samples: Collective Bargaining Agreement
XXXX OF RIGHTS. 31.1 Subject In an effort to the provisions of this contract and except ensure that investigations, 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 designated by the Chief of Police. Such investigations Police of the Renton Police Department, are conducted in a manner which is conducive to good order and discipline, the Non‐ Commissioned Employees of the Renton Police Guild shall be conducted entitled to the protection of what shall hereafter be termed as the “Police Non‐Commissioned Employees’ Xxxx of Rights”.
15.2.1. The City and the Guild agree that all employees should work in an environment that fosters mutual respect and professionalism. The parties agree that inappropriate behavior in the workplace does not promote the City’s business, employee well‐being, or productivity. All employees are responsible for contributing to such an environment and are expected to treat others with courtesy and respect.
15.2.2. If an employee becomes the suspect in an internal that could result in criminal charges, that investigation may be investigated by another agency outside the City of Renton.
15.2.3. Employees will not be under any type of electronic surveillance by any employee of the following general guidelines: • When a permanent, non-probationary Renton Police Department without authorization of the Chief of Police or designee.
15.2.4. Any employee is who becomes the subject of a formal an internal investigation by the Camas Police Departmentinvestigation, prior to any interview of the employeeor an investigatory interview, the employee shall be advised in writing of the specific following within three business days of the date of their first interview:
a. General orders violated and the nature of the inquiry matter in sufficient detail to reasonably apprise him/her of and whether the employee is matter (unless suspected of (1) committing a criminal offense; (2) );
b. misconduct that would be grounds for termination, demotion, suspension, or other disciplinary actions; (3) and
c. that the employee he/she may not be qualified for continued employment with the Department. All interviews An “investigatory interview” occurs when a supervisor knows or reasonably should know that they are questioning an employee about something that could result in an economic sanction.
15.2.5. Any employee who becomes the subject of an investigation may have legal counsel or a Guild representative present during all interviews. The interviewer must provide at least three business days for the employee to have legal counsel or have a Guild representative present during the interview. An investigation as used elsewhere in this Article shall be conducted interpreted as any action which could result in a manner consistent with due process rights granted by lawdismissal from the Department or the filing of a criminal charge.
15.2.6. The officer shall not thereafter contact employee under investigation must, at the citizen or witnesses without prior permission time of an interview, be informed 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 name of the officer shall employee in charge of the investigation and the name of the employee who will be with full regard conducting the interview. Lexipol will govern the assignment of investigations.
15.2.7. Employees have Xxxxxxxxxx Rights during all interviews where they reasonably believe they could be subject 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 decisiondiscipline.
15.2.8. The employee shall have be informed in writing as to whether he/she is a witness or suspect. Should the right witness in an investigation become the suspect of an investigation during the investigatory interview, the Employer agrees to retain stop the interview to allow the employee to obtain Guild Representation. Lexipol shall govern the notification process .
15.2.9. The interview of any employee shall be at a reasonable hour, preferably when the employee is on duty. Whenever possible, interviews shall be scheduled during the normal workday of the Employer. The employee will be required to answer any questions involving non‐criminal matters under investigation and will be afforded all rights and privileges to which he/she is entitled under the laws of the State of Washington or the United States.
15.2.10. The employee or Employer may request that a formal investigation interview be recorded. There can be no “off the record” questions. Upon request, the employee under formal investigation shall be provided an exact copy of any written statement he/she has signed. The employee will be furnished a copy of the completed investigation seventy‐two (72) hours prior to any pre‐disciplinary Xxxxxxxxxx hearings.
15.2.11. Interviewing shall be completed within a reasonable time and shall be done under circumstances devoid of intimidation or coercion. In all investigation interviews that may result in discipline, the employee shall be afforded an opportunity and facilities to contact and consult privately with an attorney of the employee’s his/her own choosing, (at no expense to the City of Camas)choosing or Guild representative before being interviewed. 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 The employee shall be entitled to reasonable intermission such intermissions as he/she shall request for personal necessities, meals, telephone calls, and rest periods.
15.2.12. Providing both parties agreeAll interviewing shall be limited in scope to activities, circumstances, or events, which pertain to the incident which is this subject of the investigation. Nothing in this section shall prohibit the Employer or from questioning the employee may provide for about information which is developed during the mechanical, electronic, or stenographic recording of any formal employee interview which could likely lead to criminal charges being filed against the employee or which could result in discipline course of the interview.
15.2.13. The employee by will not be threatened with dismissal or other disciplinary punishment as a guise to attempt to obtain his/her resignation, nor shall he/she be subject to abusive or offensive language or intimidation in any other manner. No promises or rewards shall be made as an inducement to answer questions.
15.2.14. Upon the Department. Whenever such a recording is made by one partycompletion of the investigation and upon request, the other party shall have the right to make a copy of the recordingentire file shall be provided to the employee.
15.2.15. An To balance the interest of the Employer in obtaining a psychological evaluation of an employee who is to determine the subject employee’s fitness for a formal investigation shall have a duty and the interest of the employee in having those examinations being conducted, psychological evaluations will be obtained in the least intrusive manner as possible. To protect the employee’s right to make copies of any statement privacy, the employee has signed pertaining to the investigation. • It is understood that under state law, no officer may be required to take any lie detector test as a condition of continued employment, though the officer may request a polygraph test. If one is requested by the employee, it shall be taken by an independent agency mutually Medical Release Form agreed upon by the Association Employer and the Chief Guild shall be signed by the employee prior to the evaluation (see Appendix D).
15.2.16. No employee shall be required to unwillingly submit to a polygraph test or to unwillingly answer questions for which the employee might otherwise properly invoke the protections of any constitutional amendment against self‐incrimination. Nor shall any member be dismissed for or shall any other penalty be imposed upon any employee for his/her failure to submit to a polygraph test, or to answer questions for which he/she might otherwise invoke the protections of any constitutional amendment against self‐ incrimination.
15.2.17. Should any section, sub‐section, paragraph, sentence, clause, or phrase in this Article be declared unconstitutional or invalid, for any reason, such decision shall not affect the validity of the remaining portions of this Article.
15.2.18. Any employee involved in the use of lethal force shall not be formally interviewed immediately following
15.2.19. Investigations of known members by the Renton Police Department shall be completed in a timely manner with a goal of completion within thirty (30) days.
15.2.20. The right for an employee to add commentary during the Xxxxxxxxxx or at the Employer’s expenseend of the internal investigation process will be maintained.
Appears in 1 contract
Samples: Collective Bargaining Agreement
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 entitled to the following rules protection of what shall hereinafter be termed as the "Employees Xxxx of Rights" as set forth below, which shall be added to the present Rules and regulationsRegulations of the Employer. The wide-ranging powers and duties of law enforcement officers given to SNOPAC and its members involve them in all manner of contacts and relationships with the public. From these contacts come many contacts with questions concerning the actions of members of the public and Snohomish County 911. These questions are bound to arise as to the nature of such contacts, which questions often require immediate investigation by superior officers who have been authorized to make such investigations superiors designated by the Chief Director of PoliceSnohomish County 911. 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 In criminal matters an employee shall be advised afforded those constitutional rights available to any citizen. In matters relating to job performance, the following guidelines shall be followed: Before any fact finding inquiry, an employee shall be informed of the specific nature of the inquiry matter in sufficient detail to reasonably apprise him/her of and whether the matter. Any fact-finding inquiries of an employee shall be at a reasonable hour, preferably when the employee is suspected on duty, unless the exigencies of (1) committing a criminal offense; (2) misconduct that would be grounds for terminationthe investigation dictate otherwise. Where practicable, demotion, suspension, or other disciplinary actions; (3) that the employee may not be qualified for continued employment with the Department. All interviews interrogations shall be conducted in a manner consistent with due process rights granted by lawscheduled for the daytime. The officer Any fact-finding inquires (which shall not thereafter contact violate 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 employee'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 decisiontake place at Snohomish County 911 except when impractical. The employee shall have the right be afforded an opportunity and facilities to retain contact and consult privately with an attorney of the employee’s his/her own choosing, (at no expense to the City of Camas). Such attorney (and/or choosing or a representative of the Association) shall have the right to Union may be present during any questioningthe inquiries. • Questioning of an employee accused of misconduct The questioning shall not be overly long, long and the employee shall be entitled to such reasonable intermission intermissions as he/she shall request for personal necessities, meals, telephone calls, calls and rest periods. Providing both parties agreeThe employee shall not be subjected to any offensive language, the nor shall he/she be threatened with dismissal, transfer or other disciplinary punishment as a guise to attempt to obtain his/her resignation, nor shall he be intimidated in any other manner. No promises or rewards shall be made as an inducement to answer questions. The Employer or the shall not require any employee may provide for the mechanical, electronic, or stenographic recording of any formal employee interview which could likely lead to criminal charges being filed against the employee or which could result in discipline of the employee covered by the Department. Whenever such a recording is made by one party, the other party shall have the right to make a copy of the recording. An employee who is the subject for a formal investigation shall have a right to make copies of any statement the employee has signed pertaining to the investigation. • It is understood that under state law, no officer may be required this Agreement to take any or be subjected to a lie detector test as a condition of continued employment, though employment in positions covered by this Agreement. The Employer shall maintain one official personnel file. Employee evaluations and disciplinary material shall only be placed in the officer file after the same has been presented to the employee and the presentation has been acknowledged by signature of the employee or the supervisor/manager presenting the evaluation or discipline. Employees may request a polygraph testpetition the Employer to remove or modify information in their personnel files. The Employer will determine if irrelevant or erroneous information exists and remove all such information from the file. If one is requested by the Employer does not agree with a request for removal, the employee may submit a statement of rebuttal or correction for entry into the record. Performance improvement plans and documents memorializing performance coaching and counseling provide notice of performance issues and expectations. Such documents are not considered discipline, are not a step in a progressive discipline process, and are not subject to the grievance process. They will not be included in an employee’s official personnel file unless they are used to support discipline at the level of a written reprimand or above, but may be maintained in a supervisory working file. Documents will be removed from the supervisory working file at the time of the employee’s annual review unless the supervisor, it shall be taken by an independent agency mutually agreed upon by Human Resources or the Association and Operations Manager deems them relevant to the Chief of Police at the EmployerEmployee’s expenseongoing performance.
Appears in 1 contract
Samples: Collective Bargaining Agreement
XXXX OF RIGHTS. 31.1 Subject A. No employee shall be disciplined, reprimanded, reduced in rank or compensation or deprived of any other employee advantage without just cause.
B. Any employee who is being questioned by a Superior Officer on a matter, which could lead to the provisions discipline of this contract and except as otherwise providedsaid employee, employees shall have the right to use have a PBA representative present during such questioning.
C. In order to insure the grievance procedure contained herein right listed above, an employee shall be informed as to protect their the nature and purpose of the questioning prior to the commencement of any questioning. Sufficient information to reasonably apprise the employee of the allegation should be provided. If it is known that the employee is being questioned solely as a witness, the employee should be so informed at the initial contact.
D. Any employee who is or maybe the subject of a criminal investigation or recipient of criminal charges shall be given all rights as set forth due to any and other citizen under the same circumstances.
E. The questioning of an employee shall be done at a reasonable hour, preferably when the employee is on duty. An employee who is called into work on his off-duty time or held over his regular work shift at the request or order of a Superior Officer in order to answer any sort of job-related questions, or to be present or participate in any sort of disciplinary proceedings, said employee shall be compensated in accordance with the overtime provisions of 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 F. If a verbatim record is being made of the public and questions are bound to arise as to the nature of such contactsquestioning either via stenographer, 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 employeecourt reporter or electronic recording device, the employee shall be advised so informed and shall be permitted upon his request to have a copy of the specific nature of the inquiry of and whether said record.
G. Nothing shall be placed in an employee’s personnel file without the employee is suspected having been notified; having received a copy of (1) committing a criminal offensesaid material; (2) misconduct that would and having signed the original document to be grounds for termination, demotion, suspension, or other disciplinary actions; (3) that so placed. Said signature does not represent the employee may not be qualified for continued employment employee’s agreement with the Department. All interviews shall be conducted in a manner consistent content thereof, but is merely indicative that this provision has been complied 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, to 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 decisionplacement. The employee shall have the right to retain an attorney attach to and have become considered as part of the employee’s own choosingoriginal document, (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 such response or rebuttal as the employee may provide for deem necessary.
H. When an officer is involved in a critical incident, he/she shall be immediately removed from the mechanicalarea or as soon thereafter as possible, electronic, and given up to forty-eight (48) hours to complete an operations report or stenographic recording of any formal employee interview which could likely lead to criminal charges being filed against the employee or which could result in discipline of the employee by the Department. Whenever such give a recording is made by one party, the other party shall have the right to make a copy of the recording. An employee who is the subject for a formal investigation shall have a right to make copies of any statement the employee has signed pertaining to the investigation. • It is understood that under state law, no officer may be required to take any lie detector test as a condition of continued employment, though unless the officer may request a polygraph test. If one is requested by the employee, it physically or mentally unable to do so.
I. Interrogations and investigations shall be taken conducted consistent with the Attorney General Guidelines on Internal Affairs and shall be performed by an independent agency mutually agreed upon by the Association and the Chief of Police at the Employer’s expensesword law enforcement personnel.
Appears in 1 contract
Samples: Collective Bargaining Agreement
XXXX OF RIGHTS. 31.1 Subject Individual rights of employees in the Anchorage Police Department shall not be violated. To insure this, the following shall represent the Employee's Xxxx of Rights:
A. An employee shall be entitled to representation from the provisions Association or its designee at each step of this contract and except as otherwise provided, employees have the right to use the grievance procedure contained herein to protect their rights as Grievance Procedure set forth in this Agreement.
31.2 All employees within the bargaining unit B. An employee shall be covered entitled to representation by the following rules Association or its designee at each stage of a disciplinary proceeding brought against an Association member. Disciplinary proceeding is defined as any action taken against an employee by a superior officer, that may affect his working conditions, integrity, hours or wages, and regulationswhich results in oral reprimand, written reprimand, suspension, discharge, demotion or disciplinary transfer.
C. No employee shall be required by the Municipality to submit to an interrogation in a disciplinary proceeding unless he is afforded the opportunity of having an Association representative or its designee present. If the Employer has reasonable cause to question an employee's fitness for duty, the Employer may require the employee to undergo a physical or mental examination to determine continued fitness for duty. If the employee disagrees with the results of such examination, or the results of the first examination indicate that a further examination is required, then either the employee or Employer may require a second examination. Should the findings and recommendations of the examining physicians significantly differ, a third opinion from another qualified physician selected jointly by the two physicians shall be obtained. The powers third opinion shall be followed by the Employer, the Association and duties of law enforcement officers involve them in many contacts with members of affected employee. The first and, where applicable, third examination shall be paid for by the public Employer and questions are bound to arise as the second examination shall be paid by the employee (to the nature of extent that such contactsexamination is not paid for through the Health and Welfare Plan) if the employee requests the examination, which questions require immediate investigation by superior officers who have been authorized to make such investigations by or the Chief of Police. Such investigations shall be conducted under Employer if the following general guidelines: • When a permanent, non-probationary employee is Employer requires the subject of a formal internal investigation by the Camas Police Department, prior to any interview of the employeesecond examination.
D. In all disciplinary hearings, the employee shall be presumed innocent until proven guilty. This presumption does not increase the Employer's burden to establish just cause in any disciplinary action.
E. An employee shall not be coerced or intimidated or suffer any reprisals either directly or indirectly that may adversely affect his hours, wages, or other terms and conditions of employment as a result of the exercise of his rights under this Agreement.
F. When an employee is (a) under investigation, and (b) subjected to interview by the Department, (c) which could lead to disciplinary action (which is defined as oral reprimand, written reprimand, suspension, discharge, demotion or disciplinary transfer), the interview shall be conducted under conditions listed in this Section.
G. The following provisions shall apply to such interviews:
(1) Interviews shall be conducted at a reasonable hour, preferably when the employee is on duty, unless the seriousness of the investigation requires otherwise.
(2) Employees shall be compensated if the interview occurs off-duty, at the appropriate overtime rate of pay.
(3) Employees under non-criminal investigation shall be informed of the nature of the investigation and provided a copy of the written complaint, if one exists, within four (4) working days of when the complaint is received. Employees on leave status shall be notified within four (4) working days of returning to duty. Where known, employees shall be advised of the specific nature name of the inquiry complainant. Employees shall be informed of and whether all details of the investigation which are necessary to reasonably apprise the employee is suspected of (1) committing a criminal offense; (2) misconduct that would be grounds for terminationthe factual background of the complaint. When, demotion, suspension, or other disciplinary actions; (3) that in 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 reasonable judgment of the Chief of Police, disclosure of the complaint will seriously jeopardize an investigation of the complaint, the notice requirement under this provision shall not apply.
(4) Interview sessions shall be for a reasonable period and under reasonable conditions. • If Save when in the reasonable judgment of the Chief of Police determines that the officer should be questioned about the allegationprior notice of an interview will seriously jeopardize an investigation, such questioning an employee under investigation for a non-criminal offense shall be done as soon as practicable. Unless an emergency is thought by the Chief provided with a minimum of Police to exist, such questioning twenty-four (24) hours notice of any non-criminal interview.
(5) Employees being interviewed shall be while informed that failure to answer questions directly related to the member investigation can result in disciplinary action, which includes discharge, unless the incident is on duty being investigated as a criminal act, in which case, no employee shall be required to answer any questions and during no disciplinary action can be taken for failure to answer under these circumstances. No promise of reward shall be made as an inducement to answering questions.
(a) If the daytimeincident may result in either a civil suit and/or a criminal action, the employee may have an attorney, at his own cost, in addition to an Association Representative, be present at all steps of the investigation, provided the attorney does not obstruct the course of the investigation.
(6) The interview may be recorded, and if it is, the employee shall have access to the tape, if possible. • Questioning of the officer shall be with full regard any further proceedings are contemplated, or prior to the officer’s constitutional rights. If the allegations amount to any further interviews at a charge that the officer is guilty of a crime, the officer shall be fully advised of rights under the Miranda decisionsubsequent time. The employee that is being interviewed shall also have the right to retain an attorney bring his own recording device and record any and all aspects of the employee’s own choosinginterview and, (at no expense if he does, the employee shall provide access to the City of Camas)tape to the Municipality. Such attorney (and/or a representative No recording device may be used by any party unless the Association and the Municipality are made aware of the Association) shall have the right fact prior to be present during any questioningsuch interview. • Questioning of an employee accused of misconduct shall not be overly long, and the employee Employees shall be entitled to reasonable intermission for personal necessities, meals, telephone calls, and rest periods. Providing both parties agree, the Employer or the employee may provide for the mechanical, electronic, or stenographic recording a transcribed copy of any formal employee interview which could likely lead to criminal charges being filed against the employee or which could result in discipline of the employee by the Department. Whenever such a recording is notes made by one partya stenographer.
(7) If prior to or during the interview of an employee, it is determined that he may be charged with a criminal offense, he shall immediately be informed of this fact.
(8) Interviews shall be conducted under circumstances devoid of abuse.
H. All disciplinary matters will be removed from the other party personnel file at the following times and under the following conditions: At any time after the effective date of this Agreement, employees shall have the right opportunity to notify the Municipality of any disciplinary records that are subject to the provisions of this section. In all cases where the Municipality receives such notification, and in all cases where discipline is imposed after the effective date of this Agreement, the Municipality shall remove the disciplinary matters from the employee’s file on the time schedule set forth in this section, and shall provide the employee with the original of the documents removed from the file.
I. Unless otherwise described herein, all investigations will be conducted in accordance with State and Federal law.
J. Except where obligated by law or with prior written consent of the affected employee, the Municipality will not release information which is not otherwise a public record from an employee's personnel file to any third party not associated with or acting on behalf of the Municipality. Where release is required by law, the employer will make a copy reasonable effort to notify the employee prior to release of the recording. An employee who is the subject for a formal investigation shall have a right to make copies of any statement the employee has signed pertaining to the investigation. • It is understood that under state law, no officer may be required to take any lie detector test as a condition of continued employment, though the officer may request a polygraph test. If one is requested by the employee, it shall be taken by an independent agency mutually agreed upon by the Association and the Chief of Police at the Employer’s expenseinformation.
Appears in 1 contract
Samples: Collective Bargaining Agreement
XXXX OF RIGHTS. 31.1 Subject 16.1 The Employer will provide the Association with copies of all personnel orders 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, transfer notices, promotion notices, pre- termination notices and termination notices.
16.2 Whenever an employee is interviewed by a supervisor concerning an incident which the employee reasonably believes could result in discipline, the employee may consult with an Association representative (Provided that the interview shall not be unreasonably delayed) and have an Association representative in the interview. The employer or the employee may record the interview.
16.3 Whenever an employee is interviewed in an internal affairs investigation by the Administrative Captain or designee concerning an incident which the employer believed will result in discipline, the employee will be afforded the following safeguards:
A. The subject of an internal affairs investigation will be given at least 24 hours' advance notice of the interview. An employee may voluntarily waive the 24 hours' advance notice. The employee will be informed prior to the provisions interview if the Employer believes the employee is a suspect in the investigation. Witnesses shall be given reasonable notice of this contract their interview.
B. The employee will be informed of the nature of the investigation and except as otherwise provided, employees have allegations and afforded the opportunity to consult with an Association representative prior to an interview. The employee shall be allowed the right to use have an Association representative present during the grievance procedure contained herein interview. The opportunity to protect their rights consult with the Association representative or to have the Association representative present at the interview shall not delay the interview more than four (4) hours except for minor complaints (incidents for which discipline no greater than an oral reprimand may result) which may be handled immediately when a representative is not readily available. However, if in the course of the interview, it appears as set forth if a more serious disciplinary problem has developed, the employee will be allowed up to two (2) hours to obtain a representative to assist him in this Agreementthe interview. In serious cases the interview may be delayed no more than 24 hours so that the Association's attorney can attend if requested by the Association.
31.2 All employees within C. With the bargaining unit exception of telephone interviews, interviews shall take place at Department facilities, or elsewhere if mutually agreed, unless an emergency exists which requires the interview to be conducted elsewhere.
D. The Employer shall make a reasonable good faith effort to conduct these interviews during the employee's regular working hours, except for emergencies or where interviews can be conducted by telephone.
E. The employee will be required to answer any questions involving non-criminal matters under investigation and will be afforded all rights and privileges to which he or she is entitled under the laws of the State of Oregon or the United States. The employer may provide Xxxxxxx rights when applicable.
F. Interviews shall be covered by the following rules and regulations. done under circumstances devoid of intimidation, abuse, or coercion.
G. The powers and duties of law enforcement officers involve them employee shall be entitled to such reasonable intermissions as he shall request for personal necessities.
H. All interviews shall be limited in many contacts with members of the public and questions are bound scope to arise as activities, circumstances, events, conduct or acts which pertain to the nature of such contacts, incident 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 the investigation. Nothing in this section shall prohibit the Employer from questioning the employee about information which is developed during the course of the interview.
I. The Department will audio record all interviews and provide a formal internal investigation by copy of the Camas Police Department, prior complete interview to any interview of the employee, noting all recess periods, shall be furnished, upon request, to the employee. If the interviewed employee is subsequently charged and any part of any recording is transcribed by the Employer, the employee shall be given a complimentary copy thereof. An employee may audio record the employee's interview.
J. Interviews and investigations shall be concluded with no unreasonable delay.
K. The employee shall be advised of the specific nature results of the inquiry of investigation 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 any future action to be present during any questioning. • Questioning of an employee accused of misconduct shall not be overly long, and taken on 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 may provide for the mechanical, electronic, or stenographic recording of any formal employee interview which could likely lead to criminal charges being filed against the employee or which could result in discipline of the employee by the Department. Whenever such a recording is made by one party, the other party shall have the right to make a copy of the recording. An employee who is the subject for a formal investigation shall have a right to make copies of any statement the employee has signed pertaining to the investigation. • It is understood that under state law, no officer may be required to take any lie detector test as a condition of continued employment, though the officer may request a polygraph test. If one is requested by the employee, it shall be taken by an independent agency mutually agreed upon by the Association and the Chief of Police at the Employer’s expenseincident.
Appears in 1 contract
Samples: Collective Bargaining Agreement
XXXX OF RIGHTS. 31.1 Subject Individual rights of employees in the Anchorage Police Department shall not be violated. To insure this, the following shall represent the Employee's Xxxx of Rights:
A. An employee shall be entitled to representation from the provisions Association or its designee at each step of this contract and except as otherwise provided, employees have the right to use the grievance procedure contained herein to protect their rights as Grievance Procedure set forth in this Agreement.
31.2 All employees within the bargaining unit B. An employee shall be covered entitled to representation by the following rules Association or its designee at each stage of a disciplinary proceeding brought against an Association member. Disciplinary proceeding is defined as any action taken against an employee by a superior officer, that may affect his working conditions, integrity, hours or wages, and regulationswhich could reasonably lead to oral reprimand, written reprimand, suspension, discharge, demotion or disciplinary transfer.
C. No employee shall be required by the Municipality to submit to an interview in a disciplinary proceeding unless the employee is afforded the opportunity of having an Association representative or its designee present. If the Employer has reasonable cause to question an employee's fitness for duty, the Employer may require the employee to undergo a physical or mental examination to determine continued fitness for duty. If the employee disagrees with the results of such examination, or the results of the first examination indicate that a further examination is required, then either the employee or Employer may require a second examination. Should the findings and recommendations of the examining physicians significantly differ, a third opinion from another qualified physician selected jointly by the two physicians shall be obtained. The powers third opinion shall be followed by the Employer, the Association and duties affected employee. The first and, where applicable, third examination shall be paid for by the Employer and the second examination shall be paid by the employee (to the extent that such examination is not paid for through the Health and Welfare Plan) if the employee requests the examination, or the Employer if the Employer requires the second examination.
D. In all disciplinary hearings, the employee shall be presumed innocent until proven guilty. This presumption does not increase the Employer's burden to establish just cause in any disciplinary action.
E. An employee shall not be coerced or intimidated or suffer any reprisals either directly or indirectly that may adversely affect hours, wages, or other terms and conditions of law enforcement officers involve them in many contacts with members employment as a result of the public exercise of rights under this Agreement.
F. When an employee is (a) under investigation, and questions are bound (b) subjected to arise interview by the Department, (c) which could lead to disciplinary action (which is defined as oral reprimand, written reprimand, suspension, discharge, demotion or disciplinary transfer), the interview shall be conducted under conditions listed in this Section.
G. The following provisions shall apply to such interviews:
1. Interviews shall be conducted at a reasonable hour, preferably when the employee is on duty, unless the seriousness of the investigation requires otherwise.
2. Employees shall be compensated if the interview occurs off-duty, at the appropriate overtime rate of pay.
3. Employees under non-criminal investigation shall be informed of the nature of such contactsthe investigation and provided a copy of the written complaint, if one exists, within four (4) working days of when the complaint is received. Employees on leave status shall be notified within four (4) workdays of the employee returning to duty. The APDEA shall be contemporaneously provided with copies of all investigation notifications and disciplinary action reports given to the employee. Where known, employees shall be advised of the name of the complainant. Employees shall be informed of all details of the investigation which questions require immediate investigation by superior officers who have been authorized are necessary to make such investigations by reasonably apprise the employee of the factual background of the complaint. When, in the reasonable judgment of the Chief of Police, disclosure of the complaint will seriously jeopardize an investigation of the complaint, the notice requirement under this provision shall not apply.
4. Such investigations Interview sessions shall be for a reasonable period and under reasonable conditions. Save when in the reasonable judgment of the Police Chief prior notice of an interview will seriously jeopardize an investigation, an employee under investigation for a non-criminal offense shall be provided with a minimum of twenty-four (24) hours notice of any non-criminal interview.
5. Employees being interviewed shall be informed that failure to answer questions directly related to the investigation can result in disciplinary action, which includes discharge, unless the incident is being investigated as a criminal act, in which case, no employee shall be required to answer any questions and no disciplinary action can be taken for failure to answer under these circumstances. No promise of reward shall be made as an inducement to answering questions.
a. If the incident may result in either a civil suit and/or a criminal action, the employee may have an attorney, at his own cost, in addition to an Association Representative, be present at all steps of the investigation, provided the attorney does not obstruct the course of the investigation.
6. The interview may be recorded, and if it is, the employee shall have access to the recording, if any further proceedings are contemplated, or prior to any further interviews at a subsequent time. The employee that is being interviewed shall also have the right to bring his or her own recording device and record any and all aspects of the interview and, if the employee does so, the employee shall provide the Municipality access to the recording. No recording device may be used by any party unless the Association and the Municipality are made aware of the fact prior to such interview. Employees shall be entitled to a transcribed copy of any notes made by a stenographer.
7. If prior to or during the interview of an employee, it is determined that the employee may be charged with a criminal offense, the employee shall immediately be informed of this fact.
8. Interviews shall be conducted under circumstances devoid of abuse.
9. Unless the following general guidelines: • When circumstances of the investigation requires more time, an internal affairs investigation shall be completed within 45 days of initiation. The Department’s disciplinary decision shall be finalized within 45 days of the completion of the internal affairs investigation.
10. Internal investigation files shall not be used for the purposes of training other employees unless prior written consent is received from each employee mentioned in the files.
11. Employees who would like to review their internal affairs file should coordinate with the Internal Affairs Unit to schedule a permanenttime to review the file. Internal Affairs will make the file available for a reasonable amount of time so that an employee can review the contents of the file. Employees shall be entitled to review and copies of their Internal affairs files as follows:
a. In investigations where there are sustained complaints against an employee and/or for which there is discipline imposed, non-probationary the employee will have access/copies to the entire investigation as part of due process rights.
b. In investigations where there is the subject of a formal internal investigation by the Camas Police Department, prior to any interview of no sustained complaint against the employee, the employee shall be advised will have access to all portions of the specific nature file except the transcript or recordings of interviews. Provided, however, that if the inquiry Municipality intends to use the investigation narrative or the transcript or recordings of interviews for any purpose impacting the employee’s wages, hours, or terms and whether condition of employment, or if the Municipality is contemplating releasing the investigation narrative or the transcript or recordings of interviews or executive summary to a third party, the Municipality shall contemporaneously provide 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 access/copies 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. relevant documents and recordings.
c. The employee APDEA President shall have the right to retain an attorney review the entire contents of Internal Affairs files that have resulted in other than a sustained complaint.
H. All disciplinary matters will be removed from the personnel file at the following times and under the following conditions: At any time after the effective date of this Agreement, employees shall have the opportunity to notify the Municipality of any disciplinary records that are subject to the provisions of this section. In all cases where the Municipality receives such notification, and in all cases where discipline is imposed after the effective date of this Agreement, the Municipality shall remove the disciplinary matters from the employee’s own choosingfile on the time schedule set forth in this section, (at no expense to and shall provide the City of Camas). Such attorney (and/or a representative employee with the original of the Association) shall have documents removed from the right file.
I. Unless otherwise described herein, all investigations will be conducted in accordance with State and Federal law.
J. Except where obligated by law or with prior written consent of the affected employee, the Municipality will not release information which is not otherwise a public record from an employee's personnel file to be present during any questioningthird party not associated with or acting on behalf of the Municipality. • Questioning of an employee accused of misconduct shall not be overly longWhere release is required by law, and the employer will make a reasonable effort to notify the employee shall be entitled prior to reasonable intermission for personal necessities, meals, telephone calls, and rest periods. Providing both parties agree, the Employer or the employee may provide for the mechanical, electronic, or stenographic recording of any formal employee interview which could likely lead to criminal charges being filed against the employee or which could result in discipline release of the employee by the Department. Whenever such a recording is made by one party, the other party shall have the right to make a copy of the recording. An employee who is the subject for a formal investigation shall have a right to make copies of any statement the employee has signed pertaining to the investigation. • It is understood that under state law, no officer may be required to take any lie detector test as a condition of continued employment, though the officer may request a polygraph test. If one is requested by the employee, it shall be taken by an independent agency mutually agreed upon by the Association and the Chief of Police at the Employer’s expenseinformation.
Appears in 1 contract
Samples: Collective Bargaining Agreement
XXXX OF RIGHTS. 31.1 Subject A) To ensure that the individual rights of employees in the Bargaining Unit are not violated, the following shall represent the employees’ Xxxx of Rights:
1) An employee shall be entitled to a disciplinary hearing. No disciplinary action involving a suspension of less than six (6) days shall be implemented until after Step 3 of the provisions Grievance Procedure has been concluded. If, the employee files a grievance contesting the disciplinary action. In circumstances where the Borough considers that an employee’s action could potentially cause harm to himself/herself, to other employees or to Borough property, the employee may be suspended immediately.
2) An employee shall be entitled to Union representation at the disciplinary hearing.
3) Employees will be disciplined for just cause only.
4) An employee shall be entitled to Union representation at each and every step 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 5) No employee shall be covered required by the following rules and regulations. The powers and duties Employer and/or its Agents to submit to an interrogation unless the employee is afforded the opportunity of law enforcement officers involve them in many contacts with members Union representation.
6) No recording devices or stenographer 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 any kind shall be conducted under the following general guidelines: • When a permanent, non-probationary employee is the subject used during any meeting unless both Union and Employer are made aware of a formal internal investigation by the Camas Police Department, their use prior to any interview of the employeesuch meeting.
7) In all disciplinary hearings, the employee shall be advised presumed innocent until proven guilty and the burden of proof shall be on the Employer.
8) An employee shall not be coerced or intimidated or suffer any reprisals either directly or indirectly that may adversely affect his/her hours, wages or working conditions as the result of the specific nature exercise of his/her rights under this Agreement.
9) The first ninety (90) calendar days of employment with the inquiry of Borough shall constitute the probationary period. During these ninety (90) calendar days, the probationary employee may be terminated, and whether such termination shall not be reviewable through this Agreement either by disciplinary hearing or the grievance procedure. However, during the ninety (90) calendar day probationary period, the employee is suspected of shall receive at least one (1) committing a criminal offense; evaluation, after forty-five (245) misconduct that would be grounds for terminationdays which shall indicate the employee’s progress and identify any areas which need improvement, demotion, suspension, or other disciplinary actions; (3) that the employee may not be qualified for continued employment along with the Departmentrecommendations as to how to improve. The failure to provide this evaluation shall be subject to the grievance procedure.
10) The Union as well as the affected employee shall receive a copy of any disciplinary action and attachment(s) which are placed in an employee’s file. 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 employees shall have the right to retain an attorney review their personnel file in the presence 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 management official or designee upon reasonable intermission for personal necessities, meals, telephone calls, and rest periods. Providing both parties agree, the Employer or the employee may provide for the mechanical, electronic, or stenographic recording of any formal employee interview which could likely lead to criminal charges being filed against the employee or which could result in discipline of the employee by the Department. Whenever such a recording is made by one party, the other party shall have the right to make a copy of the recording. An employee who is the subject for a formal investigation shall have a right to make copies of any statement the employee has signed pertaining to the investigation. • It is understood that under state law, no officer may be required to take any lie detector test as a condition of continued employment, though the officer may request a polygraph test. If one is requested by the employee, it shall be taken by an independent agency mutually agreed upon by the Association and the Chief of Police at the Employer’s expenserequest.
Appears in 1 contract
Samples: Collective Bargaining Agreement
XXXX OF RIGHTS. 31.1 Subject In order to safeguard fundamental rights of the provisions Officers employed by the County of this contract and except Xxxxxx, it is agreed that:
25.1 Except when on duty or acting in his official capacity as otherwise provideda law enforcement officer, employees have no law enforcement officer shall be prohibited from engaging in political activity, provided his position as a law enforcement officer is not used in any way, whether directly or indirectly, while engaging in said political activities. As employed herein, the right to use the grievance procedure contained herein to protect their rights as set forth in this Agreementterm "law enforcement officer" shall mean any employee.
31.2 All employees within the bargaining unit 25.2 Whenever a law enforcement officer has received notice that he/she is under formal investigation after receipt of a filed complaint, which complaint shall be covered in the form of the Notification of complaint for alleged malfeasance, misfeasance, nonfeasance of official duty, with a view toward possible disciplinary action, demotion, dismissal, or criminal charges, the following minimum standards shall apply:
a. Any formal interrogation of a law enforcement officer, whether as a subject of investigation or as a witness, shall take place at the location designated by the following rules investigatory officer, except it shall not be conducted at the law enforcement officer's home unless the home is specifically involved In the complaint, and regulationspreferably when the employee is on duty. A member of the Department shall be compensated for lost time accruing from Investigations in accordance with existing Department policy. The powers and duties questioning 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 an officer shall be conducted under the following general guidelines: • When at a permanent, reasonable hour in a non-probationary employee is the subject coercive manner, without threat or promise 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 lawreward. 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 practicableof a reasonable duration and rest periods allowed. Unless an emergency is thought by the Chief of Police to exist, such questioning Time 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 provided for personal necessities, meals, and telephone callscalls as are reasonably necessary. The law enforcement officer shall be entitled to the presence of his counsel or any other one person of his choice at any interrogation in connection with the investigation.
b. The law enforcement officer being investigated shall be informed at the commencement of any interrogation of the nature of the investigation, including whether the officer is a target of the Investigation, if known, the Statute, rule, or regulation allegedly violated, if known; the names and addresses of any complainants; and the identity and authority of those conducting the Investigation. This shall not preclude the Employer from subsequently modifying, amending, or changing the statute, rule, or regulation under which the charges are brought. Also, at the commencement of any interrogation of such officer in connection with any such investigation the officer shall be informed of the identity of all persons present during such interrogation. All questions asked in any such interrogation, whenever practicable, shall be asked by or through a single interrogator.
c. No formal hearing by means of which a law enforcement officer may be disciplined or penalized may be brought except upon charges signed by the persons making those charges.
d. The Interrogation of the employee concerned shall be recorded mechanically or by written form. "Off the record" questions shall not be permitted. Any recesses called during the interrogation shall be recorded.
e. If an officer is placed under arrest or is likely to be placed under arrest for a criminal offense, he shall be afforded all constitutional rights, and, in addition, he shall be given the following warning prior to the commencement of any interrogation: "I am advising you that you are being questioned as part of an official investigation. You will be asked questions specifically directed and narrowly related to the performance of your official duties. You are entitled to all the rights and privileges guaranteed by the laws of the State of New Jersey, the Constitution of this State, and rest periodsthe Constitution of the United States, including the right not to be compelled to incriminate yourself and the right to have legal counsel present at each and every stage of this investigation. Providing both parties agreeI further advise you that if you refuse to testify or to answer questions relating to the performance of your official duties, the Employer or the employee may provide for the mechanical, electronic, or stenographic recording of any formal employee interview which could likely lead you will be subject to criminal Departmental charges being filed against the employee or which could result in discipline your dismissal from employment. If you do answer questions, neither your statements nor any information or evidence which is gained by reason of the employee by the Departmentsuch statements can be used against you in any subsequent criminal proceedings. Whenever such a recording is made by one partyHowever, the other party shall have the right these statements may be used against you in relation to make a copy of the recording. An employee who is the subject for a formal investigation shall have a right to make copies of any statement the employee has signed pertaining to the investigation. • subsequent Departmental charges."
f. It is understood that under state lawthe provisions of this paragraph shall not preclude initial or preliminary inquiries by the Employer and shall only apply upon the commencement of a formal investigation or the filing of a complaint.
25.3 All investigations against law enforcement officers shall be conducted expeditiously. At least every two (2) months after the commencement of such Investigation, as determined by the date that the Notification of Complaint is served upon the officer, the officer, if he so requests, is to be informed of the status of the pending investigation. If charges are to be brought against the officer, they should be brought as promptly as possible to ensure that no unnecessary delay occurs which might prejudice the officer's defense; and, unless unusual circumstances exist, no officer should be prosecuted by the Department for the alleged infraction of any rule if more than 45 days transpire between the date the Warden or Superintendent had knowledge or should reasonably have had knowledge of the alleged infraction by virtue of information that is normally transmitted to him by routine administrative processes and the services of the Preliminary Notice of Disciplinary Action.
25.4 There shall be removed from an officer's personnel file all papers, files, reports, notes, and copies thereof relating to an investigation of a law enforcement officer when the investigation does not result in any disciplinary action or when the officer is exonerated. These items, if retained, shall be maintained separate and apart from the personnel file. The officer may on proper notice inspect these materials at the discretion of the Warden or Superintendent. Such inspection shall not be unreasonably denied.
25.5 No law enforcement officer shall be required to disclose, for the purpose of promotion or assignment, any information concerning his property, income, assets, debts, or expenditures, or those of any member of such officer's household, except where such information relates directly to the officer’s assignment or duties. No officer shall be required to take any lie detector or other test designed to determine the truthfulness of any statement as part of any investigation or as a condition of continued employment.
a. A union representative should be present when the written charges are given to an employee.
b. The charges should be given to the employee in private, though not in front of an inmate.
c. An employee should be given copies of all reprimands.
d. All hearings should be when an employee is on duty, and the officer may employee should be relieved of duty for his or her respective hearing. The employer should make the appropriate arrangements to make sure that an employee is able to attend his or her respective hearing by allowing the employee to leave his or her assignment to attend the hearing.
e. Adjournments - Officers shall be granted no more than two adjournments for each disciplinary action. A request a polygraph test. If one is requested must be made in writing and received by the employeehearing officer at least twenty-four (24) hours prior to the hearing. The request must state the reason for the adjournment request. Officers will not be granted adjournments for vacation or personal time off which was requested after the Notice of a Hearing had been presented to the officer. Also, it the County shall notify the employee and the PBA at least twenty-four (24) hours prior to the hearing that the hearing has been adjourned. A request less than twenty-four (24) hours prior to the hearing, based on sick time, must be accompanied by a doctor's note or be supplied later.
f. If and when discipline is ordered, and there Is any suspension of up to 10 days, then an employee may use compensatory time, vacation time, personal days, etc., in lieu of being suspended without pay. The employee shall notify in writing the warden within seven (7) days of the employee being notified of the suspension of up to 10 days, that the employee wants to use the above days in lieu of being suspended without pay.
25.7 There shall be taken no penalty or threat of any penalty for the exercise by an independent agency mutually agreed upon by the Association and the Chief a law enforcement officer of Police at the Employer’s expensehis rights under this Xxxx of Rights.
Appears in 1 contract
Samples: Collective Bargaining Agreement
XXXX OF RIGHTS. 31.1 Subject to Employees of the provisions of this contract and except Department hold a unique status 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 that the nature of such contacts, their office and employment involves the exercise of the police power of the Town and the security of the community depends to a great extent on the manner in which questions require immediate investigation by superior the officers who perform their duty. Their employment is in the nature of a public trust. It is also recognized that officers have been authorized to make such investigations by the Chief of Police. Such investigations shall be conducted certain rights under the State and Federal Constitutions, pursuant to the current decisions of the U.S. Supreme Court, and in accordance with this Agreement. In accordance therewith, the Town and the Association have established the following general guidelines: • When a permanent, non-procedures with respect to investigations and discipline. XxxXx employee who has successfully completed the probationary employee period shall not be disciplined except for just cause. It is understood that these procedures shall not apply in instances where the officer is the subject of a formal internal criminal investigation. In such an instance, the officer who is the subject of the criminal investigation shall be given all rights pursuant to the current provisions of law and decisions of the U.S. Supreme Court.
A. Investigatory Procedures Whenever an employee is under investigation and subject to interview by the Camas Department for any reason which could lead to disciplinary action, includingwhich shall include but not be limited to; written reprimand, forfeiture of accrued time off, suspension, demotion or dismissal, the investigation and interview shall be conducted in accordance with the following:
1. The interview shall be conducted at a reasonable hour, preferably at a time when the employee is on duty unless the seriousness of the investigation is of such a degree that an immediate interview is required.
2. The interview shall take place at Police Headquarters or at some other location having a reasonable relationship to the incident being investigated.
3. The employee under investigation shall be informed of the name and rank of the supervisor in charge of the investigation and of all persons present during the interview.
4. The employee shall be informed of the nature of the investigation, in writing and prior to any interview. Sufficient information will be provided for the supervisoremployee to be reasonably appraised of the allegations involved. If the investigation is based on a formal written complaint filed with the Department, the employee shall be provided with a copy of said complaint within a reasonable period of time prior to any interview of the employee.
5. Interviews shall be for reasonable periods and shall be timed to allow for such personal necessities and rest periods as are reasonably necessary.
6. Questions shall be asked one at a time and the employee will not be threatened with transfer, dismissal or disciplinary action. This shall not be construed to prohibit advising the employee that refusal to answer proper questions, as specified in paragraph (A.) (7) of this Article, may subject the employee to additional charges and discipline.
7. All employees are obliged to cooperate in an investigation and are required to answer any questions concerning their conduct as it relates to their employment except any questions which violate their constitutional rights.
8. At the request of the employee under investigation, the employee shall be advised given an opportunity to consult with counsel and/or a representative of the specific nature Silver Shield Association prior to any interview. At the request of the inquiry of and whether employee, said counsel and/or Association Executive Board representative may be present during 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 Departmentinterview.
9. 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 employees shall have the right to retain review the contents of their personnel filefiles maintained by the Police Department and the Town on reasonable notice. No material of an attorney adverse nature shall be placed in said filefiles without the employee being provided with a copy of such material. Copies of any disciplinary actions shall likewise be copied to the Association. Derogatory material other than discipline, including written reprimands shall be expunged every thirty-six (36) months from said personnel records where permitted by the laws of the State of Connecticut.
10. Performance Improvement Notices are not considered discipline; they are part of a corrective action plan designed to improve employee behavior. The behavioral deficiency indicated in the Performance Improvement Notice will be m entioned in the employee’s own choosingAnnual Performance Evaluation. A Performance Improvement Notice is not grievable pursuant to Article XXIII of the collective bargaining agreement. An employee receiving a Performance Improvement Notice who
11. Performance Improvement Notices and other non-disciplinary material of an adverse nature, will remain in the employee’s Police Department Personnel File for a period of twenty-four (24) months from date of issue after which time it shall be removed from said file and placed in the Department’s Historic File for, at no expense minimum, an additional thirty-six (36) months, after which period, upon written request from the employee to the City Chief of Camas). Such attorney (and/or a representative Police, the Department shall submit an application to the appropriate Connecticut State authority to have the material destroyed pursuant to the laws of the AssociationState of Connecticut. The Chief of Police shall notify the employee of the response received from the appropriate Connecticut State authority as to the disposition of the application.
12. Written Reprimands will remain in an employee’s Police Department Personnel File for a period of thirty-six (36) months from date of issue after which time it shall be removed from said file and placed in the Department’s Historic File. for, at minimum, an additional twenty-four (24) months, after which period upon written request from the employee to the Chief of Police, the Department shall submit an application to the appropriate Connecticut State authority to have the right material destroyed pursuant to be present during any questioningthe laws of the State of Connecticut. • Questioning The Chief of an Police shall notify the employee accused of misconduct the response received from the appropriate Connecticut State authority as to the disposition of the application.
13. Material contained in the Department’s Historic File, including Performance Improvement Notices, non-disciplinary material and Written Reprimands shall not be overly longused for purposes of progressive discipline or during promotional evaluations.
14. In the event that an employee, and or the employee shall be entitled to reasonable intermission for personal necessitiesAssociation, mealsfiles a written complaint with the Chief of Police, telephone calls, and rest periods. Providing both parties agreeor other designated authority, the Employer or Department shall conduct an appropriate investigation of the employee may provide for complaint and advise the mechanical, electronicemployee, or stenographic recording of any formal employee interview which could likely lead to criminal charges being filed against the employee or which could result Association, in discipline writing of the employee by the Department. Whenever such a recording is made by one party, the other party shall have the right to make a copy outcome of the recording. An employee who is the subject for a formal investigation shall have a right to make copies of any statement the employee has signed pertaining to the investigation. • It is understood that under state lawThe investigation of such complaints are to be completed as expeditiously as possible and are intended to be completed within thirty (30) days from the receipt of the complaint. In instances when the investigation of the complaint will exceed thirty (30) days, no officer may be required to take any lie detector test as a condition of continued employment, though the officer may request a polygraph test. If one is requested by the employee, it shall be taken by an independent agency mutually agreed upon by the Association and the Chief of Police at will notify the Employer’s expenseemployee or Association that the investigation will not be completed within such time frame and provide an expected time frame for the completion of the investigation. The Chief of Police or designee, shall provide the employee or the Association with a written notice of the outcome of the investigation upon its completion.
Appears in 1 contract
Samples: Collective Bargaining Agreement
XXXX OF RIGHTS. 31.1 Subject
1. No officer shall be discharged, suspended or disciplined except for just cause. Before an officer is suspended for a period in excess of five (5) days, involuntarily demoted, or terminated, the University Police Department shall conduct an interview with the officer at which time the officer will be informed of the reasons for the interview and the officer may respond.
2. Reasons for discipline shall be put in writing and Rutgers shall provide a copy of any written reprimand, notice of suspension, involuntary demotion or termination to the provisions officer and the FOP-S. In cases of suspension, the length of the suspension will be stated in the notice.
3. In the case of any disciplinary action, the sole right and remedy under this contract Agreement shall be to file a grievance through and except as otherwise providedin accordance with the grievance procedure.
4. An officer being formally questioned by the Hearing Board or an investigating officer investigating his/her alleged violation of the Weapons Policy shall be entitled to have FOP-S representation during such questioning.
5. An officer being formally questioned after investigation of a complaint arising outside the University Police Department shall be entitled to have FOP-S representation during such questioning. The officer will be informed of the nature of the investigation and of the name and address of the complainant, employees if known, before such questioning commences. Rutgers will make a reasonable effort to ascertain such address. The officer's official record will carry a notation of the ultimate disposition of such investigations.
6. When a written complaint or a derogatory memo against an officer is to be placed in his/her personnel file, the officer will be given two copies of the document. The officer shall return one copy signed and dated for the file, the signature serving to acknowledge only that he/she has read the document, and not necessarily that he/she agrees with the contents thereof. The officer shall have the right to use the grievance procedure contained herein submit 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 University Police or his/her designee a written answer which shall be conducted attached to the file.
7. If an officer is under arrest while within 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 jurisdiction of the employee, the employee University Police Department he/she shall be advised entitled to the same rights as those 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 terminationany other citizen. In such case, demotionafter charges have been served, 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 have the option of requesting the presence of an FOP-S representative before being subject to interrogation.
8. If an officer is instructed to write a supplementary report, solely because a complaint has been filed against the officer with full regard respect to the officer’s constitutional rights. If the allegations amount to a charge that the officer is guilty of a crimeincident being reported upon, the officer shall be fully advised of rights under so informed.
9. If an officer is being questioned about his/her work performance or conduct and if the Miranda decision. The employee shall have officer has a reasonable belief that the right answers 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 may provide for the mechanical, electronic, or stenographic recording of any formal employee interview which could likely lead to criminal charges being filed against the employee or which could such questions will result in discipline of the employee by the Department. Whenever such a recording is made by one partydiscipline, the other party shall have the right to make a copy of the recording. An employee who is the subject for a formal investigation shall have a right to make copies of any statement the employee has signed pertaining to the investigation. • It is understood that under state law, no officer may be required to take any lie detector test as a condition of continued employment, though then the officer may request a polygraph test. If one is requested by the employee, it shall that an FOP-S representative be taken by an independent agency mutually agreed upon by the Association and the Chief of Police at the Employer’s expensepresent.
Appears in 1 contract
Samples: Collective Bargaining Agreement
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 he or she 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 his constitutional rights. If the allegations amount to a charge that the officer is guilty of a crime, the officer he shall be fully advised of his rights under the Miranda decision. The employee shall have the right to retain an attorney of the employee’s his 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 he/she shall be entitled to reasonable intermission for personal necessities, meals, telephone calls, and rest periods. Providing both parties agree, the Employer or the employee may provide for the mechanical, electronic, or stenographic recording of any formal employee interview which could likely lead to criminal charges being filed against the employee or which could result in discipline of the employee by the Department. Whenever such a recording is made by one party, the other party shall have the right to make a copy of the recording. An employee who is the subject for a formal investigation shall have a right to make copies of any statement the employee he or she has signed pertaining to the investigation. • It is understood that under state law, no officer may be required to take any lie detector test as a condition of continued employment, though the officer he may request a polygraph test. If one is requested by the employee, it shall be taken by an independent agency mutually agreed upon by the Association and the Chief of Police at the Employer’s expense.
Appears in 1 contract
Samples: Collective Bargaining Agreement
XXXX OF RIGHTS. 31.1 Subject to Because of 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 ever-increasing responsibilities and duties required of law enforcement officers involve them lieutenants in many contacts the performance of their duties which of necessity increase their contact with the general public and could lead to misunderstandings and questions surrounding the activities of members of the Public Department, it is mutually required, therefore, that procedures be established in order to provide for full investigation of any questions arising from contacts and relationships with the public and questions also to provide for safeguards in order to protect the lieutenant in these investigations so that the matters can be dealt with in fairness and in an expeditious manner, the following guidelines are bound set forth: An employee of the Xxxxxxx Police Department shall be entitled to arise be advised in writing, of the particular nature of an internal investigation, and other information which shall reasonably inform the employee of the allegations against them, and as to whether the nature employee is a witness or the focus of such contactsthe investigation. If the employee is the focus of the investigation, this information shall be provided thirty (30) hours prior to interview of the employee and should include names of complaining witnesses (unless the witness is a confidential informant or otherwise requests anonymity). This Section shall not apply to the initial gathering of physical drug testing or breathalyzer evidence, which questions require immediate occurs surrounding the initial call or incident. Interviews of said Police Department employees shall be at a reasonable hour; preference for such time of interviews shall be when the individual is on duty and/or during the daytime; provided, however, that the gravity and exigencies of the investigation by superior officers who have been authorized shall in all cases control the time of said interview. Interviews shall be held at Xxxxxxx Police Station or City Hall, except when this would be impractical. The employees shall be afforded an opportunity and the necessary facilities to make such investigations by contact an attorney and/or Union representative prior to commencement of the Chief interview. The employee's attorney and/or the Union representative may be present during the interview, but said attorney shall not be permitted to participate in the interview. Nothing herein shall in any way restrict the rights of Policethe attorney and/or the Union representative to consult with the employee during the process of the interview. Such investigations The interview shall be conducted under in the following general guidelines: • When a permanent, non-probationary employee is most expeditious manner consistent with the scope and gravity of the subject matter of the interview and the employee shall at all times be given reasonable periods to attend to personal necessities, such as meals, telephone calls to the employee's private attorney and rest periods. The employee shall not be subjected to any profane language nor threatened with dismissal, transfer or other disciplinary punishment as a formal internal guise to obtain the resignation of said employee nor shall the employee be subjected to intimidation in any manner during the process of interview. No promises or rewards shall be made to the said employee as an inducement to answer questions. The interview shall be recorded and a copy will be provided to the Union. Within a reasonable period after the conclusion of the investigation by the Camas Police Department, and no later than seventy-two (72) hours (not counting Saturday or Sunday) prior to any interview of the employeea pre-disciplinary hearing, the employee shall be advised of the specific nature results of the inquiry investigation and the recommended disposition (which may be a range of possible dispositions) 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 may provide for the mechanical, electronic, or stenographic recording of any formal employee interview which could likely lead to criminal charges being filed against the employee or which could result in discipline of the employee by the Department. Whenever such a recording is made by one party, the other party shall have the right to make provided a copy of the recordinginvestigatory file excluding information from and the identity of confidential informants and other witnesses requesting confidentiality upon which the department does not intend to rely. An employee who is the subject for a formal investigation covered by this Agreement shall have a right to make copies of any statement the employee has signed pertaining to the investigation. • It is understood that under state law, no officer may not be required to take or be subjected to any lie detector test tests or similar tests as a condition of continued employmentemployment within the Xxxxxxx Police Department. When an employee, though whether on or off duty, uses deadly force which results in the officer may request injury or death of a polygraph testperson, the employee shall not be required to make a written or recorded statement for seventy-two (72) hours after the incident except that promptly following the incident the employee shall verbally report to a superior a public safety statement. If one is requested by All complaints are logged, and all case documentation shall remain confidential within the Internal Affairs Unit/Section and to the Chief. Only cases which are classified as sustained shall become part of the Department Administrative file and the conclusion of sustained findings to Human Resources for inclusion in the employee, it 's personnel records. Unsubstantiated and unfounded findings will be retained and destroyed in accordance with minimum record retention requirements. Nothing contained in any of the above provisions shall be taken by an independent agency mutually agreed upon by restrict and/or limit the Association and authority of the Chief of Police at in the Employer’s expenseperformance of their duties and responsibilities as the Chief Administrator of the Xxxxxxx Police Department.
Appears in 1 contract
Samples: Collective Bargaining Agreement
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 Section 1. A 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 be represented by a Union officer or the Union's legal counsel, upon his request, at any time during any questioning when it relates to the employee’s own choosing's continued fitness for law enforcement services, (at no expense to or when the City of Camas)investigation could result in criminal charges.
Section 2. Such attorney (and/or a representative of the Association) A bargaining unit employee shall have the right to be present during completely informed of his rights prior to the commencement of any questioningquestioning if he could be placed under arrest as the result of the investigation.
Section 3. • Questioning of an A bargaining unit employee accused of misconduct shall not have the right, to the extent possible, to be overly longinformed at the initial contact if he is to be questioned as a witness only. If the meeting moves from investigatory to accusatory, 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 may provide for the mechanical, electronic, or stenographic recording of any formal employee interview which could likely lead to criminal charges being filed against the employee or which could result in discipline of the employee by the Department. Whenever such a recording is made by one party, the other party shall have the right to make a copy of the recordingrequest Union representation.
Section 4. An A bargaining unit employee who is the subject for a formal investigation shall have a the right for all formal questioning to be recorded and has the right to make copies a separate recording of any statement questioning at the time of questioning.
Section 5. A bargaining unit employee shall have the right to request that at any one time all questions during an investigatory interview be directed through only one (1) questioner. When such request is made, it shall be honored.
Section 6. Questioning shall take place at a location designated by the Chief of Police and at a reasonable hour for all persons concerned.
Section 7. A bargaining unit employee shall have the right to be represented by a Union officer of his choice (within the bargaining unit or the FOP/OLC representative) during any questioning where the employee has signed pertaining reasonably believes that punitive action could result. However, the interview will not be delayed to accommodate the investigationattendance of a specific representative if the representative of choice is not available.
Section 8. • It is understood that under state lawNo polygraph test or CVSA shall be requested/required by the Employer without a bargaining unit employee's prior consent, no officer may be required to take any lie detector test as a condition and without the presence of continued employmenthis Union representative, though the officer may request a polygraph test. If one is if requested by the employee, it shall . Any polygraph or CVSA agreed to must be taken given by an independent agency mutually agreed upon by the Association and the Chief of Police at the Employer’s expensea licensed operator.
Appears in 1 contract
Samples: Collective Bargaining Agreement
XXXX OF RIGHTS. 31.1 Subject The wide ranging powers and duties given to the provisions department and its members involve them in all manners of this contract contracts and except as otherwise providedrelationships with the public. Out of these contacts may come questions covering the actions of the members of the force. These questions may require investigation by superior officers. In an effort to insure that these investigations are conducted in a manner which is conducive to good order and discipline, employees have the right following rules are hereby adopted:
A. The interrogation of an employee shall be at a reasonable hour, preferably when the employee is on duty. If it is required that the employee report to use the grievance procedure contained herein to protect their rights headquarters on his off- duty hours, he shall be compensated on an overtime basis as set forth in this Agreement, unless it is determined that he was remiss in his duties or found guilty of a preferred charge.
31.2 All employees within the bargaining unit B. The employee shall be covered by the following rules and regulations. The powers and duties informed 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 contactsthe investigation before any interrogation commences, which questions require immediate investigation by superior officers who have been authorized to make such investigations by including 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 name of the employee, complainant. The information must be sufficient to reasonably apprise the employee shall be advised of the specific nature of the inquiry of and whether investigation. If the employee is suspected of (1) committing to be questioned as a criminal offense; (2) misconduct that would be grounds for terminationwitness only, demotion, suspension, or other disciplinary actions; (3) that the employee may not be qualified for continued employment with the Department. All interviews he shall be conducted in a manner consistent with due process rights granted by law. so informed at the initial contact.
C. 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 practicablereasonable in length. Unless an emergency is thought by the Chief of Police to exist, such questioning Reasonable respites shall be while the member is on duty and during the daytime, if possibleallowed. • Questioning of the officer Time shall also 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 provided for personal necessities, meals, telephone calls, and rest periods. Providing both parties agree, the Employer or the employee may provide for the mechanical, electronic, or stenographic recording of any formal employee interview which could likely lead to criminal charges being filed against the employee or which could result in discipline periods as are necessary.
D. The complete interrogation of the employee shall be recorded mechanically or by a department stenographer. There will be no “off the Departmentrecord” questions. Whenever such a recording All recesses called during the questioning shall be recorded. By: By: For the P.B.A. For the Borough
E. The employee shall not be subject to any offensive language, nor shall he be threatened with transfer, dismissal or other disciplinary punishment. No promise of reward shall be made as an inducement to answering questions.
F. If an employee is made by one party, the other party shall have the right to make a copy of the recording. An employee who under arrest or is the subject of an investigation, he shall be so advised that he is under investigation and shall be given his rights pursuant to current decisions of the U.S. Supreme Court.
G. In all cases and at every stage of the proceedings the department shall afford an opportunity for a formal investigation shall have a right to make copies of any statement the employee has signed pertaining to the investigation. • It is understood that under state law, no officer may be required to take any lie detector test as a condition of continued employment, though the officer may request a polygraph test. If one is requested by the employee, it if he so requests, to consult with counsel, consultant, and/or his P.B.A. representative(s) before being questioned concerning any violation or complaint of any type, which may result in any action being taken against said employee.
X. No complaint against a law enforcement officer shall be taken by an independent agency mutually agreed upon investigated unless the complaint shall be in writing signed by the Association and complaining party. By: By: For the Chief of Police at P.B.A. For the Employer’s expense.Borough
Appears in 1 contract
Samples: Collective Bargaining Agreement
XXXX OF RIGHTS. 31.1 Subject 22.1. The members covered by this Agreement do not waive nor will they be deprived of any of their Constitutional or Civil Rights guaranteed by the federal and state Constitutions and laws afforded any citizen of the United States. The Employer shall not discipline or discharge any employee, unless just cause for such discipline exists. It is understood that the Chief, at his or her discretion, may elect 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 Agreementsubstitute a formal suspension with a formal written reprimand when appropriate.
31.2 All employees within the bargaining unit 22.2. When an employee is asked for a statement involving any type of violation of Department rules, regulations, or laws:
22.2.1. The employee shall be covered by the following rules and regulations. The powers and duties advised in writing 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 the investigation by superior officers who have been authorized to make such investigations by and whether the Chief employee is a witness or the focus of Policethe investigation.
22.2.2. Such investigations shall be conducted under If the following general guidelines: • When a permanent, non-probationary employee is the subject focus of a formal internal investigation by the Camas Police Departmentinvestigation, forty-eight (48) hours prior to any interview of the employeequestioning, the employee shall be furnished with a copy of the complaint and be advised of the specific nature name of the inquiry complainant and will also be provided with the informational material necessary to apprise him/her of the allegations of such complaint. This informational material shall include: a copy of the investigation form, what reportedly took place, when it happened 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 where it happened. Witness statements will not be qualified for continued employment with furnished prior to the Departmentinterview. However, the forty-eight (48) hour notice shall not apply to a superior questioning an employee concerning minor violations which would not result in written discipline being placed in the employee's personnel file. Employees may waive the forty-eight (48) hour requirement in writing. If the complainant filled out the investigation form or submitted a written statement, it will be provided.
22.2.3. All interviews shall be conducted limited in a manner consistent with due process rights granted by lawscope to activities, circumstances, events, conduct, or actions which pertain to the incident which is the subject of the investigation. Nothing in this section shall prohibit the Employer from questioning the employee about information which is developed during the course of the interview. The officer questioning (which shall not thereafter contact violate the citizen employee's Constitutional or witnesses without prior permission Civil Rights) shall take place at an agreeable place. With the employee's written permission, a complete copy of the Chief of Police. • If the Chief of Police determines that the officer should City's official investigatory file will 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 provided to the officer’s constitutional rights. If the allegations amount employee and/or Guild President, or appointed designee prior to a charge that the officer is guilty of a crime, the officer shall be fully advised of rights under the Miranda decisionany pre-disciplinary hearing (Xxxxxxxxxx).
22.2.4. The employee shall have be afforded an opportunity and facilities to contact and consult privately with a person of his/her own choosing and/or an attorney. The representative and/or attorney may be present during all questioning.
22.2.5. Any questioning/interrogation of an employee shall be at a reasonable hour, taking into consideration the right to retain an attorney nature of the complaint and the mental state of mind of the employee’s own choosing. If practicable, (at no expense to the City of Camas). Such attorney (and/or a representative of the Association) shall have the right to questioning will be present during any questioning. • Questioning of an employee accused of misconduct shall not be overly long, and conducted while the employee shall be entitled to reasonable intermission for personal necessitiesis on duty, meals, telephone calls, and rest periods. Providing both parties agree, the Employer or the employee may provide for the mechanical, electronic, or stenographic recording of any formal employee interview which could likely lead to criminal charges being filed against the employee or which could result in discipline of the employee by the Department. Whenever such a recording is made by one party, the other party shall have the right to make a copy of the recording. An employee who is the subject for a formal investigation shall have a right to make copies of any statement the employee has signed pertaining to the investigation. • It is understood that under state law, no officer may be required to take any lie detector test as a condition of continued employment, though the officer may request a polygraph test. If one is requested by the employee, it shall be taken by an independent agency mutually agreed upon by the Association and the Chief of Police at the Employer’s expenseunless exigent circumstances dictate otherwise.
Appears in 1 contract
Samples: Collective Bargaining Agreement
XXXX OF RIGHTS. 31.1 Subject Section 41.01. Whenever a police officer is under investigation (such officer hereafter referred 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 “Accused”) 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 Internal Affairs Unit or 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 police 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 delegated by the Chief of Police to existinvestigate a formal complaint, he shall have the following rights:
A. An accused shall only be required to appear before an internal Affairs Unit investigator for questioning or an interview when a signed and sworn formal complaint has been filed against him and he has been notified thereof. The complaint shall be set forth the exact rules, regulations, etc. the accused officer is alleged to have violated and the nature of the supportive facts. These shall be presented to him at least twenty-four (24) hours prior to his being required to give a statement.
1. The formal external complaint shall be in writing, signed, and sworn to by the citizen making the allegations, and shall set forth a concise statement of the facts upon which the complaint is based including the date, time, and location of the occurrence. All statements of civilian witnesses shall also be signed, sworn, and notarized.
2. A copy of the complaint against the accused shall be presented to him/her a minimum of (24) twenty-four hours prior to any questioning or interview and/or required statements, and the Accused shall have an opportunity during this (24) twenty four hour period to review the facts of the complaint before being questioned or interviewed about the complaint. The copy of the complaint shown to the Accused shall set out generally the matters under consideration, the alleged violations, the alleged facts of the alleged violations, and a brief synopsis of the allegations made by the complainant and a synopsis of the statements of any witnesses or other evidence.
3. The Accused shall only be questioned or interviewed as to the events and time frame indicated in the formal complaint. If in the course of the questioning, interview, and/or investigation, the investigating officer determines that there may exist a violation of the Rules and Regulations not covered in either in content or time frame by the formal complaint, such questioning secondary information shall not be investigated, nor shall the Accused be questioned or interviewed about such secondary information, until a formal complaint is filed relating to such. Such complaint can be filed by the Internal Affairs Division, any investigation officer, or any other person having knowledge of the secondary information, but no action shall be while taken, questioning or interview held, or investigation until the member filing of either an amended or second formal complaint.
B. The questioning or interview of the Accused shall be conducted at the office of the Internal Affairs or an alternate location agreed upon between the Accused and the Internal Affairs investigator.
C. The questioning or interview shall be conducted when the Accused is on duty or at a time agreed upon by the Accused and the Internal affairs investigator unless the seriousness of the investigation requires immediate action, again only in cases of extreme emergency.
D. Each sessions of questioning or an interview of the Accused shall be limited to two (2) hours duration and there shall be at least two (2) hours interval between each session of questioning or interview, unless otherwise agreed upon by the Accused and the Internal Affairs investigator or unless the seriousness of the investigation requires otherwise, again only in cases of extreme emergency.
E. Accused shall not be subject to offensive language or abuse during the daytimequestioning or interview and shall be allowed to attend his personal physical necessities, if possible. • Questioning even in the cases which are considered to be extreme emergencies.
F. All questioning or interview of the officer Accused shall be with full regard to recorded by the Internal Affairs investigator and a transcript thereof typed at the request of the officer’s constitutional rights. If the allegations amount to a charge that the officer is guilty of a crime, the officer which shall be fully advised of rights under signed by the Miranda decision. The employee Accused, and a copy forwarded to him.
G. During questioning or interview, an Accused shall have the right to retain privilege of having an attorney or other subject or other representative of his choice present and shall be entitled to record his questioning or interview; subject, however to the following restrictions:
1. An attorney or representative chosen by the Accused must be, depending upon the seriousness of the employee’s own choosinginvestigation and the need for immediate action, available within a reasonable period of time and under no circumstances will any questioning and interview session by delayed in excess of twenty-four (at 24) hours because of the unavailability of the attorney or representative chosen by the Accused. However, no expense matter how extreme an emergency exists, a minimum of two (2) hours shall be afforded to the City Accused to obtain the services of Camas). Such attorney (and/or a representative and/or attorney unless the officer chooses not to exercise this right.
2. During the questioning and interview of the Association) accused, the attorney or representative shall have not make any statements or objections of any kind to the right internal Affairs investigation nor will he in any way impede the questioning or interview but will restrict his remarks to conferring with the Accused. The representative’s failure to object to any questions shall not constitute a waiver of his/her ability to later object to any questions asked.
3. In the event of his failure to observe any of the foregoing rules, said attorney or representative shall forfeit his privilege of being present during any questioning or interview of the Accused and the Accused shall be permitted to choose another attorney or representative to be present during any questioningthe next session of questioning or interview. • Questioning If the representative or attorney is excluded because of an employee accused of misconduct non-compliance with these provisions, the time limit for the next session mentioned above shall be observed for future sessions.
H. The Accused shall not be overly longsubject to having his residence, and the employee shall be entitled to reasonable intermission for personal necessitiesprivate place of business, mealsif any, telephone calls, and rest periods. Providing both parties agree, the Employer or the employee may provide private vehicle searched unless a valid search warrant has been obtained or test for the mechanical, electronic, or stenographic recording purpose of any formal employee interview which could likely lead determining veracity.
I. It shall “not” be mandatory for the Accused to criminal charges being filed against the employee or which could result appear in discipline of the employee by the Department. Whenever such a recording is made by one party, the other party shall have the right to make a copy of the recording. An employee who is the subject for a formal police lineup in any administrative investigation either as an accused or prior to a complaint being filed. This section shall have apply to officer line-ups and not apply to showing of photographs.
J. A member shall not be compelled to appear in a right formal police lineup in any administrative investigation either as an accused or prior to make copies a complaint being filed. This section shall apply to officer personnel line-ups and not apply to showing of any statement the employee has signed pertaining to the investigation. • It is understood that under state law, no officer may be required to take any lie detector test as a condition of continued employment, though the officer may request a polygraph test. If one is requested by the employee, it shall be taken by an independent agency mutually agreed upon by the Association and the Chief of Police at the Employer’s expensephotographs.
Appears in 1 contract
Samples: Collective Bargaining Agreement
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 he or she 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 his constitutional rights. If the allegations amount to a charge that the officer is guilty of a crime, the officer he shall be fully advised of his rights under the Miranda decision. The employee shall have the right to retain an attorney of the employee’s his 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 he/she shall be entitled to reasonable intermission for personal necessities, meals, telephone calls, and rest periods. Providing both parties agree, the Employer or the employee may provide for the mechanical, electronic, or stenographic recording of any formal employee interview which could likely lead to criminal charges being filed against the employee or which could result in discipline of the employee by the Department. Whenever such a recording is made by one party, the other party shall have the right to make a copy of the recording. An employee who is the subject for a formal investigation shall have a right to make copies of any statement the employee he or she has signed pertaining to the investigation. • It is understood that under state law, no officer may be required to take any lie detector test as a condition of continued employment, though the officer he may request a polygraph test. If one is requested by the employee, it shall be taken by an independent agency mutually agreed upon by the Association and the Chief of Police at the Employer’s expense.
Appears in 1 contract
Samples: Collective Bargaining Agreement
XXXX OF RIGHTS. 31.1 Subject to the provisions of this contract and except as otherwise provided, 22.1. The 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 this Agreement do not waive nor will they be deprived of any of their Constitutional or Civil Rights guaranteed by the following rules federal and regulationsstate Constitutions and laws afforded any citizen of the United States. 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 City shall not discipline or discharge any employee, unless just cause for such contacts, which questions require immediate investigation by superior officers who have been authorized to make such investigations by discipline exists. It is understood that the Chief of Police, at his/her discretion, may elect to substitute a formal suspension with a formal written reprimand when appropriate.
22.2. Such investigations When an Employee is asked for a statement involving any type of alleged violation of Department rules, regulations, or laws:
22.2.1. The employee shall be conducted under advised in writing of the following general guidelines: • When nature of the investigation and whether the employee is a permanent, non-probationary witness or the focus of the investigation.
22.2.2. If the employee is the subject focus of a formal internal investigation by the Camas Police Departmentinvestigation, forty-eight (48) hours prior to any interview of the employeequestioning, the employee shall be furnished with a copy of the complaint and be advised of the specific nature name of the inquiry complainant and will also be provided with the informational material necessary to apprise his/her of the allegations of such complaint. This informational material shall include: a copy of the investigation form, what reportedly took place, when it happened 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 where it happened. Witness statements will not be qualified furnished prior to the interview. However, as provided for continued employment with above, the Departmentforty-eight (48) hour notice shall not apply to a superior questioning an employee concerning minor violations which would not result in written discipline. Employees may waive the forty-eight (48) hour requirement in writing. If the complainant filled out the investigation form or submitted a written statement, these will be provided.
22.2.3. All interviews shall be conducted limited in a manner consistent with due process rights granted by lawscope to activities, circumstances, events, conduct, or actions which pertain to the incident which is the subject of the investigation. Nothing in this section shall prohibit the Employer from questioning the employee about information which is developed during the course of the interview. The officer questioning (which 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 violate the employee’s own choosing, (at no expense to the City of Camas). Such attorney (and/or a representative of the Association's Constitutional or Civil Rights) shall have take place at an agreeable place. With the right to be present during any questioning. • Questioning of an employee accused of misconduct shall not be overly longemployee's written permission, 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 may provide for the mechanical, electronic, or stenographic recording of any formal employee interview which could likely lead to criminal charges being filed against the employee or which could result in discipline of the employee by the Department. Whenever such a recording is made by one party, the other party shall have the right to make a complete copy of the recordingCity's official investigatory file will be provided to the employee and/or Association President, or appointed designee prior to any pre-disciplinary hearing (Xxxxxxxxxx).
22.2.4. An The employee who is the subject for a formal focus of the investigation shall have be afforded an opportunity and facilities to contact and consult privately with a right to make copies person of any statement his/her own choosing and/or an attorney. The representative and/or attorney may be present during all questioning.
22.2.5. Any questioning/interrogation of an employee shall be at a reasonable hour, taking into consideration the nature of the complaint and the mental state of mind of the employee. If practicable, questioning will be conducted while the employee has signed pertaining to the investigation. • It is understood that under state lawon duty, no officer may be required to take any lie detector test as a condition of continued employment, though the officer may request a polygraph test. If one is requested by the employee, it shall be taken by an independent agency mutually agreed upon by the Association and the Chief of Police at the Employer’s expenseunless exigent circumstances dictate otherwise.
Appears in 1 contract
Samples: Collective Bargaining Agreement