Common use of XXXX OF RIGHTS Clause in Contracts

XXXX OF RIGHTS. 38.1: No employee shall be ordered or coerced in any manner to submit to a polygraph examination, lie detector test or similar test, or chemical such as sodium pentothal or truth serum tests or similar tests by whatever name called for any reason unless such employee shall demand said examination in writing. 38.2: No employee shall be discharged, disciplined, or in any way discriminated against for refusing or declining to submit to a polygraph examination, lie detector test, or similar test by whatever name called. 38.3: The employer and/or employee shall not utilize any type of recording device or electronic surveillance device to record or transcribe any conversation between the employer and any employee unless disclosure of such device is made to the employer and/or employee prior to such conversation or the employer has received a proper court order. 38.4: Except when on duty, in uniform, or when acting in his official capacity, no employee shall be prohibited from engaging in political activity or be denied the right to refrain from engaging in political activity. 38.5: Employees shall have the right to bring civil suit against any person, group of persons, or any organizations or corporations or the heads of such organizations or corporations for damages suffered, either pecuniary or otherwise, or for abridgment of their civil rights arising out of the officer’s performance of official duties. 38.6: Any employee shall have the right to examine any and all personnel files maintained by the employer regarding the employee with the exception of employment letters of recommendation, upon written request during normal business hours construed to be 9:00 a.m. to 5:00 p.m., Monday through Friday, excepting holidays. Officers may comment in writing to any adverse materials placed in his or her personnel file. 38.7: The employee’s files shall not be made available to any person or organization other than the employer and employee without the employee’s written authorization, except pursuant to an appropriate Court or Civil Service Commission order or subpoena. 38.8: No employee shall be required or requested for purposes of assignment or other personnel action to disclose any item of his or her property, income, assets, source of income, debts, or personal or domestic expenditures (including those of any member of his or her family or household), unless such information is obtained under proper legal procedures or tends to indicate a conflict of interest with respect to the performance of his or her official duties. This paragraph shall not prevent inquiries made by authorized agents of a tax collecting agency in accordance with acceptable and legally established procedures.

XXXX OF RIGHTS. 38.1: No employee shall be ordered or coerced in any manner to submit to a polygraph examination, lie detector test test, or similar test, or chemical such as sodium pentothal or truth serum tests tests, or similar tests by whatever name called for any reason unless such employee shall demand said examination in writing. 38.2: . No employee shall be discharged, disciplined, or in any way discriminated against for refusing refusing, or declining to submit to a polygraph examination, lie detector test, or similar test by whatever name called. 38.3: . The employer and/or employee Employer or agent shall not utilize any type of recording device or electronic surveillance device to record or transcribe any conversation between the employer Employer and any employee unless such disclosure of such device is made to the employer and/or employee prior to such conversation conversation, or the employer Employer has received a proper court order. 38.4: Court Order. Except when on duty, in uniform, or when acting in his official capacity, no employee shall be prohibited from engaging in political activity or be denied the right to refrain from engaging in political activity. 38.5: . Employees shall have the right to bring civil suit against any person, group of persons, or any organizations or corporations corporations, or the heads of such organizations or corporations corporations, for damages suffered, either pecuniary or otherwise, or for abridgment of their civil rights arising out of the officer’s 's performance of official duties. 38.6: . Any employee shall have the right to examine any and all personnel files maintained by the employer Employer regarding the employee employee, with the exception of employment letters of recommendation, upon written request during normal business hours construed to be 9:00 a.m. to 5:00 p.m., Monday through Friday, excepting holidays. Officers may comment in writing to any adverse materials placed in his or her personnel file. 38.7: The employee’s files shall not be made available to any person or organization other than the employer Employer and employee without the employee’s written 's expressed authorization, except pursuant to an appropriate Court or Civil Service Commission order or subpoena. 38.8: . No employee shall be required or requested for purposes of assignment or other personnel action action, to disclose any item of his or her property, income, assets, source of income, debts, or personal or domestic expenditures (including those of any member of his or his/her family or household), unless such information is obtained under proper legal procedures or tends to indicate a conflict of interest with respect to the performance of his or his/her official duties. This paragraph shall not prevent inquiries inquires made by authorized agents of a tax collecting agency in accordance with acceptable and legally established procedures. Whenever any employee is under investigation or subjected to interrogation by the Employer or its designated representative for any reason which could lead to disciplinary action, demotion, dismissal or criminal charges, such investigation or interrogation shall be conducted under the following conditions: a. The interrogation shall be conducted at a reasonable hour, when possible, preferably at a time when the employee is on duty. b. Any employee, at his/her request, shall have the right to be represented by counsel and/or Association representatives prior to making any statements, written or verbal, concerning any act, incident, or occurrence from which disciplinary action, criminal prosecution or civil suit might result. c. The employee under investigation shall be informed of the rank, name and command of the officer in charge of the investigation, the interrogating officer, and all persons present during the interrogation if not already known to the employee. d. The employee under investigation shall be informed of the nature of the investigation prior to any interrogation and he shall be informed of the names of those complainants. Exception is made in those instances where the complainant must remain anonymous for security or confidentiality reasons, or is unknown to the investigating officer. e. Interrogating sessions shall be for reasonable periods and shall be timed to allow for such personal necessities as rest periods as are reasonably necessary. f. The employee under interrogation shall not be subjected to offensive language or threatened with transfer, dismissal or any disciplinary action. No promise or reward shall be made as an inducement to answering any questions. g. Upon disclosure, the employee or employer will be permitted to record the complete interrogation including all recess periods. There shall be no unrecorded questions or statements. h. If the employee under interrogation would have "Miranda" warnings available to him as a civilian or is likely to be placed under arrest as a result of the interrogation, he shall be completely informed of all his rights prior to the commencement of the interrogation. Employees will not be deprived of liberty or property with due process of law or denied the equal protection of the law. Any employee involved in a shooting shall not be bound as a condition of employment to make an oral or written statement, including a Preliminary Crime Report, until such time when the employee has been able to contact an Association Official or an Attorney and has had a reasonable time to discuss the incident with an Association lawyer. The lawyer shall then be able to counsel the Officer during his Preliminary Crime Report or any other oral or written statements that may be required. No employee will be favored or discriminated against, nor disciplined, demoted, or transferred for exercising any of the above rights or any rights afforded him or her by this Contract.

XXXX OF RIGHTS. 38.1: No employee shall be ordered or coerced in any manner to submit to a polygraph examination, lie detector test test, or similar test, or chemical such as sodium pentothal penathol or truth serum tests tests, or similar tests by whatever name called for any reason unless such employee shall demand said examination in writing. 38.2: . No employee shall be discharged, disciplined, or in any way discriminated against for refusing refusing, or declining to submit to a polygraph examination, lie detector test, or similar test by whatever name called. 38.3: . The employer and/or employee Employer or agent shall not utilize any type of recording device or electronic surveillance device to record or transcribe any conversation between the employer Employer and any employee unless such disclosure of such device is made to the employer and/or employee prior to such conversation conversation, or the employer Employer has received a proper court order. 38.4: Court Order. Except when on duty, in uniform, or when acting in his official capacity, no employee shall be prohibited from engaging in political activity or be denied the right to refrain from engaging in political activity. 38.5: . Employees shall have the right to bring civil suit against any person, group of persons, or any organizations or corporations corporations, or the heads of such organizations or corporations corporations, for damages suffered, either pecuniary or otherwise, or for abridgment of their civil rights arising out of the officerOfficer’s performance of official duties. 38.6: . Any employee shall have the right to examine any and all personnel files maintained by the employer Employer regarding the employee employee, with the exception of employment letters of recommendation, upon written request during normal business hours construed to be 9:00 8:30 a.m. to 5:00 4:30 p.m., Monday through Friday, excepting holidays. Officers may comment in writing to any adverse materials placed in his or her personnel file. 38.7: The employee’s files shall not be made available to any person or organization other than the employer Employer and employee without the employee’s written expressed authorization, except pursuant to an appropriate Court or Civil Service Commission order or subpoena. 38.8: . No employee shall be required or requested for purposes of assignment or other personnel action action, to disclose any item of his or her property, income, assets, source of income, debts, or personal or domestic expenditures (including those of any member of his or his/her family or household), unless such information is obtained under proper legal procedures or tends to indicate a conflict of interest with respect to the performance of his or his/her official duties. This paragraph shall not prevent inquiries inquires made by authorized agents of a tax collecting agency in accordance with acceptable and legally established procedures.. Whenever any employee is under investigation or subjected to interrogation by the Employer or its designated representative for any reason which could lead to disciplinary action, demotion, dismissal or criminal charges, such investigation or interrogation shall be conducted under the following conditions:

XXXX OF RIGHTS. 38.1: 37.1 No employee shall be ordered or coerced in any manner to submit to a polygraph examination, lie detector test test, or similar test, or chemical such as sodium pentothal penathol or truth serum tests tests, or similar tests by whatever name called for any reason unless such employee shall demand said examination in writing. 38.2: 37.2 No employee shall be discharged, disciplined, or in any way discriminated against for refusing refusing, or declining to submit to a polygraph examination, lie detector test, or similar test by whatever name called. 38.3: 37.3 The employer and/or employee Employer or agent shall not utilize any type of recording device or electronic surveillance device to record or transcribe any conversation between the employer Employer and any employee unless such disclosure of such device is made to the employer and/or employee prior to such conversation conversation, or the employer Employer has received a proper court orderCourt Order. 38.4: 37.4 Except when on duty, in uniform, or when acting in his official capacity, no employee shall be prohibited from engaging in political activity or be denied the right to refrain from engaging in political activity. 38.5: 37.5 Employees shall have the right to bring civil suit against any person, group of persons, or any organizations or corporations corporations, or the heads of such organizations or corporations corporations, for damages suffered, either pecuniary or otherwise, or for abridgment of their civil rights arising out of the officerOfficer’s performance of official duties. 38.6: 37.6 Any employee shall have the right to examine any and all personnel files maintained by the employer Employer regarding the employee employee, with the exception of employment letters of recommendation, upon written request during normal business hours construed to be 9:00 8:30 a.m. to 5:00 4:30 p.m., Monday through Friday, excepting holidays. Officers may comment in writing to any adverse materials placed in his or her personnel file. 38.7: 37.7 The employee’s files shall not be made available to any person or organization other than the employer Employer and employee without the employee’s written expressed authorization, except pursuant to an appropriate Court or Civil Service Commission order or subpoena. 38.8: 37.8 No employee shall be required or requested for purposes of assignment or other personnel action action, to disclose any item of his or her property, income, assets, source of income, debts, or personal or domestic expenditures (including those of any member of his or his/her family or household), unless such information is obtained under proper legal procedures or tends to indicate a conflict of interest with respect to the performance of his or his/her official duties. This paragraph shall not prevent inquiries inquires made by authorized agents of a tax collecting agency in accordance with acceptable and legally established procedures. 37.9 Whenever any employee is under investigation or subjected to interrogation by the Employer or its designated representative for any reason which could lead to disciplinary action, demotion, dismissal or criminal charges, such investigation or interrogation shall be conducted under the following conditions: a. The interrogation shall be conducted at a reasonable hour, when possible, preferably at a time when the Employee is on duty. b. Any employee, at his/her request, shall have the right to be represented by counsel and/or Association representatives prior to making any statements, written or verbal, concerning any act, incident, or occurrence from which disciplinary action, criminal prosecution or civil suit might result. c. The employee under investigation shall be informed of the rank, name and command of the officer in charge of the investigation, the interrogating officer, and all persons present during the interrogation if not already known to the employee. d. The employee under investigation shall be informed of the nature of the investigation prior to any interrogation and he shall be informed of the names of those complainants. Exception is made in those instances where the complainant must remain anonymous for security or confidentiality reasons, or is unknown to the investigating officer. e. Interrogating sessions shall be for reasonable periods and shall be timed to allow for such personal necessities as rest periods as are reasonably necessary. f. The employee under interrogation shall not be subjected to offensive language or threatened with transfer, dismissal or any disciplinary action. No promise or reward shall be made as an inducement to answering any questions. g. Upon disclosure, the employee or Employer will be permitted to record the complete interrogation including all recess periods. There shall be no unrecorded questions or statements. h. If the employee under interrogation would have “Miranda” warnings available to him as a civilian or is likely to be placed under arrest as a result of the interrogation, he shall be completely informed of all his rights prior to the commencement of the interrogation. 37.10 Employees will not be deprived of liberty or property without due process of law or denied the equal protection of the law. 37.11 Any employee involved in a shooting shall not be bound as a condition of employment to make an oral or written statement, including a Preliminary Crime Report, until such time when the employee has been able to contact an Association Official or an Attorney and has had a reasonable time to discuss the incident with an Association lawyer. The lawyer shall then be able to counsel the Officer during his Preliminary Crime Report or any other oral or written statements that may be required. 37.12 No employee will be favored or discriminated against, nor disciplined, demoted, or transferred for exercising any of the above rights or any rights afforded him or her by this Contract.

XXXX OF RIGHTS. 38.1: No employee shall be ordered or coerced in any manner to submit to a polygraph examination, lie detector test test, or similar test, or chemical such as sodium pentothal or truth serum tests tests, or similar tests by whatever name called for any reason unless such employee shall demand said examination in writing. 38.2: . No employee shall be discharged, disciplined, or in any way discriminated against for refusing refusing, or declining to submit to a polygraph examination, lie detector test, or similar test by whatever name called. 38.3: The employer and/or employee Employer or agent shall not utilize any type of recording device or electronic surveillance device to record or transcribe any conversation between the employer Employer and any employee unless such disclosure of such device is made to the employer and/or employee prior to such conversation conversation, or the employer Employer has received a proper court order. 38.4: Court Order. Except when on duty, in uniform, or when acting in his official capacity, no employee shall be prohibited from engaging in political activity or be denied the right to refrain from engaging in political activity. 38.5: . Employees shall have the right to bring civil suit against any person, group of persons, or any organizations or corporations corporations, or the heads of such organizations or corporations corporations, for damages suffered, either pecuniary or otherwise, or for abridgment of their civil rights arising out of the officer’s 's performance of official duties. 38.6: . Any employee shall have the right to examine any and all personnel files maintained by the employer Employer regarding the employee employee, with the exception of employment letters of recommendation, upon written request during normal business hours construed to be 9:00 a.m. to 5:00 p.m., Monday through Friday, excepting holidays. Officers may comment in writing to any adverse materials placed in his or her personnel file. 38.7: The employee’s files shall not be made available to any person or organization other than the employer Employer and employee without the employee’s written 's expressed authorization, except pursuant to an appropriate Court or Civil Service Commission order or subpoena. 38.8: . No employee shall be required or requested for purposes of assignment or other personnel action action, to disclose any item of his or her property, income, assets, source of income, debts, or personal or domestic expenditures (including those of any member of his or his/her family or household), unless such information is obtained under proper legal procedures or tends to indicate a conflict of interest with respect to the performance of his or his/her official duties. This paragraph shall not prevent inquiries inquires made by authorized agents of a tax collecting agency in accordance with acceptable and legally established procedures. its designated representative for any reason which could lead to disciplinary action, demotion, dismissal or criminal charges, such investigation or interrogation shall be conducted under the following conditions: a. The interrogation shall be conducted at a reasonable hour, when possible, preferably at a time when the employee is on duty. b. Any employee, at his/her request, shall have the right to be represented by counsel and/or Association representatives prior to making any statements, written or verbal, concerning any act, incident, or occurrence from which disciplinary action, criminal prosecution or civil suit might result. c. The employee under investigation shall be informed of the rank, name and command of the officer in charge of the investigation, the interrogating officer, and all persons present during the interrogation if not already known to the employee. d. The employee under investigation shall be informed of the nature of the investigation prior to any interrogation and he shall be informed of the names of those complainants. Exception is made in those instances where the complainant must remain anonymous for security or confidentiality reasons, or is unknown to the investigating officer. e. Interrogating sessions shall be for reasonable periods and shall be timed to allow for such personal necessities as rest periods as are reasonably necessary. f. The employee under interrogation shall not be subjected to offensive language or threatened with transfer, dismissal or any disciplinary action. No promise or reward shall be made as an inducement to answering any questions. g. Upon disclosure, the employee or employer will be permitted to record the complete interrogation including all recess periods. There shall be no unrecorded questions or statements. h. If the employee under interrogation would have "Miranda" warnings available to him as a civilian or is likely to be placed under arrest as a result of the interrogation, he shall be completely informed of all his rights prior to the commencement of the interrogation. Employees will not be deprived of liberty or property with due process of law or denied the equal protection of the law. Any employee involved in a shooting shall not be bound as a condition of employment to make an oral or written statement, including a Preliminary Crime Report, until such time when the employee has been able to contact an Association Official or an Attorney and has had a reasonable time to discuss the incident with an Association lawyer. The lawyer shall then be able to counsel the Officer during his Preliminary Crime Report or any other oral or written statements that may be required. No employee will be favored or discriminated against, nor disciplined, demoted, or transferred for exercising any of the above rights or any rights afforded him or her by this Contract.

XXXX OF RIGHTS. 38.134.1: No employee shall be ordered or coerced in any manner to submit to a polygraph examination, lie detector test test, or similar test, or chemical such as sodium pentothal Pentothal or truth serum tests tests, or similar tests by whatever name called for any reason unless such employee shall demand said examination in writing. 38.234.2: No employee shall be discharged, disciplined, or in any way discriminated against for refusing refusing, or declining to submit to a polygraph examination, lie detector test, or similar test by whatever name called. 38.334.3: The employer and/or employee Employer or agent shall not utilize any type of recording device or electronic surveillance device to record or transcribe any conversation between the employer Employer and any employee unless such disclosure of such device is made to the employer and/or employee prior to such conversation conversation, or the employer Employer has received a proper court orderCourt Order. 38.434.4: Except when on duty, in uniform, or when acting in his official capacity, no employee shall be prohibited from engaging in political activity or be denied the right to refrain from engaging in political activity. 38.534.5: Employees shall have the right to bring civil suit against any person, group of persons, or any organizations or corporations corporations, or the heads of such organizations or corporations corporations, for damages suffered, either pecuniary or otherwise, or for abridgment of their civil rights arising out of the officerdispatcher’s performance of official duties. 38.634.6: Any employee shall have the right to examine any and all personnel files maintained by the employer Employer regarding the employee employee, with the exception of employment letters of recommendation, upon written request during normal business hours construed to be 9:00 a.m. to 5:00 p.m., Monday through Friday, excepting holidays. Officers may comment in writing to any adverse materials placed in his or her personnel file. 38.734.7: The employee’s employees’ files shall not be made available to any person or organization other than the employer Employer and employee without the employee’s written expressed authorization, except pursuant to an appropriate Court or Civil Service Commission order or subpoena. 38.834.8: No employee shall be required or requested for purposes of assignment or other personnel action action, to disclose any item of his or her property, income, assets, source of income, debts, or personal or domestic expenditures (including those of any member of his or his/her family or household), unless such information is obtained under proper legal procedures or tends to indicate a conflict of interest with respect to the performance of his or his/her official duties. This paragraph shall not prevent inquiries inquires made by authorized agents of a tax collecting agency in accordance with acceptable and legally established procedures. 34.9: Whenever any employee is under investigation or subjected to interrogation by the Employer or its designated representative for any reason which could lead to disciplinary action, demotion, dismissal or criminal charges, such investigation or interrogation shall be conducted under the following conditions: A. The interrogation shall be conducted at a reasonable hour, when possible, preferably at a time when the Employee is on duty. B. Any employee, at his/her request, shall have the right to be represented by counsel and/or Association representatives prior to making any statements, written or verbal, concerning any act, incident, or occurrence from which disciplinary action, criminal prosecution or civil suit might result. C. The employee under investigation shall be informed of the rank, name and command of the officer in charge of the investigation, the interrogating officer, and all persons present during the interrogation if not already known to the employee. D. The employee under investigation shall be informed of the nature of the investigation prior to any interrogation and he shall be informed of the names of those complainants. Exception is made in those instances where the complainant must remain anonymous for security or confidentiality reasons, or is unknown to the investigating officer. E. Interrogating sessions shall be for reasonable periods and shall be timed to allow for such personal necessities as rest periods as are reasonably necessary. F. The employee under interrogation shall not be subjected to offensive language or threatened with transfer, dismissal or any disciplinary action. No promise or reward shall be made as an inducement to answering any questions. G. Upon disclosure, the employee or Employer will be permitted to record the complete interrogation including all recess periods. There shall be no unrecorded questions or statements. H. If the employee under interrogation would have “Miranda” warnings available to him as a civilian or is likely to be placed under arrest as a result of the interrogation, he shall be completely informed of all his rights prior to the commencement of the interrogation. 34.10: Employees will not be deprived of liberty or property with due process of law or denied the equal protection of the law. 34.11: Any employee involved in a shooting shall not be bound as a condition of employment to make an oral or written statement, including a Preliminary Crime Report, until such time when the employee has been able to contact an Association Official or an Attorney and has had a reasonable time to discuss the incident with an Association lawyer. The lawyer shall then be able to counsel the Dispatcher during his Preliminary Crime Report or any other oral or written statements that may be required. 34.12: No employee will be favored or discriminated against, nor disciplined, demoted, or transferred for exercising any of the above rights or any rights afforded him or her by this Contract.

XXXX OF RIGHTS. 38.137.1: No employee shall be ordered or coerced in any manner to submit to a polygraph examination, lie detector test or similar test, or chemical such as sodium pentothal or truth serum tests or similar tests by whatever name called for any reason unless such employee shall demand said examination in writing. 38.237.2: No employee shall be discharged, disciplined, or in any way discriminated against for refusing or declining to submit to a polygraph examination, lie detector test, or similar test by whatever name called. 38.337.3: The employer and/or employee shall not utilize any type of recording device or electronic surveillance device to record or transcribe any conversation between the employer and any employee unless disclosure of such device is made to the employer and/or employee prior to such conversation or the employer has received a proper court order. 38.437.4: Except when on duty, in uniform, or when acting in his official capacity, no employee shall be prohibited from engaging in political activity or be denied the right to refrain from engaging in political activity. 38.537.5: Employees shall have the right to bring civil suit against any person, group of persons, or any organizations or corporations or the heads of such organizations or corporations for damages suffered, either pecuniary or otherwise, or for abridgment of their civil rights arising out of the officer’s 's performance of official duties. 38.637.6: Any employee shall have the right to examine any and all personnel files maintained by the employer regarding the employee with the exception of employment letters of recommendation, upon written request during normal business hours construed to be 9:00 a.m. to 5:00 p.m., Monday through Friday, excepting holidays. Officers may comment in writing to any adverse materials placed in his or her personnel file. 38.737.7: The employee’s 's files shall not be made available to any person or organization other than the employer and employee without the employee’s 's written authorization, except pursuant to an appropriate Court or Civil Service Commission order or subpoena. 38.837.8: No employee shall be required or requested for purposes of assignment or other personnel action to disclose any item of his or her property, income, assets, source of income, debts, or personal or domestic expenditures (including those of any member of his or her family or household), unless such information is obtained under proper legal procedures or tends to indicate a conflict of interest with respect to the performance of his or her official duties. This paragraph shall not prevent inquiries made by authorized agents of a tax collecting agency in accordance with acceptable and legally established procedures. 37.9: Whenever any employee is under investigation or subject to questioning by the employer or its designated representative for any reason which could lead to disciplinary action, demotion, dismissal or criminal charges, such investigation, interview, interrogation and/or counseling shall be conducted under the following conditions: A. The questioning shall be conducted at a reasonable hour, when possible, preferably at the time when the employee is on duty. Questioning shall take place at the Police Department, unless the officer consents to another location or the officer is physically unable to report to the Police Department. If the officer is off duty, he or she shall be compensated at the proper overtime rate listed in Article VIII. B. Any employee, at his or her request, shall have the right to be represented by counsel and/or Association representatives prior to making any statements, written or verbal, concerning any act, incident or occurrence from which counseling, disciplinary action, criminal prosecution or civil suit might result. C. The employee under investigation shall be informed of the rank, name and command of the officer in charge of the investigation, the interviewing/interrogating officer and all persons present during the questioning if not already known to the employee. D. The employee under investigation shall be informed of the nature of the investigation prior to any questioning and he or she shall be informed of the name of the complainants. Exception is made in those instances where the complainant must remain anonymous for security or confidential reasons, or is unknown to the investigating officer. Transcripts, other relevant documents, evidence and evidence generated by the hearing shall be made accessible to the officer after questioning. Officers shall be notified of the outcome of the investigation. E. The questioning session shall be for reasonable periods and shall be timed to allow for such personal necessities and rest periods as are reasonably necessary. F. The employee being questioned shall not be subjected to offensive language or threatened with transfer, dismissal or any disciplinary action. No promise or reward shall be made as an inducement to answering questions. G. Upon disclosure, the employee and/or employer will be permitted to record the complete interrogation session including all recess periods. There shall be no unrecorded questions or statements. H. If the employee under investigation would have "Miranda" warnings available to him/her as a civilian or is likely to be placed under arrest as a result of the investigation, he or she shall be completely informed of all his or her rights prior to the commencement of the questioning. 37.10: An Employee will not be deprived of liberty or property without due process of law nor denied the equal protection of the laws. 37.11: Any Employee involved in a shooting shall not be bound as a condition of employment to make an oral or written statement, including a Preliminary Crime Report, until such time when the employee has been able to contact an Association official and/or attorney and has had a reasonable time to discuss the incident with an Association lawyer. The lawyer shall then be able to counsel the officer during his Preliminary Crime Report or any other oral or written statements that may be required. 37.12: No employee will be favored or discriminated against, nor disciplined, demoted or transferred for exercising any of the above rights or any rights afforded him or her by this contract.

XXXX OF RIGHTS. 38.118.1: No employee shall be ordered or coerced in any manner to submit to a polygraph examination, lie detector test or similar test, or chemical such as sodium pentothal or truth serum tests or similar tests by whatever name called for any reason unless such employee shall demand said examination in writing. 38.218.2: No employee shall be discharged, disciplined, or in any way discriminated against for refusing or declining to submit to a polygraph examination, lie detector test, or similar test by whatever name called. 38.318.3: The employer and/or employee shall not utilize any type of recording device or electronic surveillance device to record or transcribe any conversation between the employer and any employee unless disclosure of such device is made to the employer and/or employee prior to such conversation or the employer has received a proper court order. 38.418.4: Except when on duty, in uniform, or when acting in his official capacity, no employee shall be prohibited from engaging in political activity or be denied the right to refrain from engaging in political activity. 38.518.5: Employees shall have the right to bring civil suit against any person, group of persons, or any organizations or corporations or the heads of such organizations or corporations for damages suffered, either pecuniary or otherwise, or for abridgment of their civil rights arising out of the officer’s 's performance of official duties. 38.618.6: Any employee shall have the right to examine any and all personnel files maintained by the employer regarding the employee with the exception of employment letters of recommendation, upon written request during normal business hours construed to be 9:00 a.m. to 5:00 p.m., Monday through Friday, excepting holidays. Officers may comment in writing to any adverse materials placed in his or her personnel file. 38.718.7: The employee’s 's files shall not be made available to any person or organization other than the employer and employee without the employee’s 's written authorization, except pursuant to an appropriate Court or Civil Service Commission order or subpoena. 38.818.8: No employee shall be required or requested for purposes of assignment or other personnel action to disclose any item of his or her property, income, assets, source of income, debts, or personal or domestic expenditures (including those of any member of his or her family or household), unless such information is obtained under proper legal procedures or tends to indicate a conflict of interest with respect to the performance of his or her official duties. This paragraph shall not prevent inquiries made by authorized agents of a tax collecting agency in accordance with acceptable and legally established procedures.

XXXX OF RIGHTS. 38.1: 37.1 No employee shall be ordered or coerced in any manner to submit to a polygraph examination, lie detector test test, or similar test, or chemical such as sodium pentothal penathol or truth serum tests tests, or similar tests by whatever name called for any reason unless such employee shall demand said examination in writing. 38.2: 37.2 No employee shall be discharged, disciplined, or in any way discriminated against for refusing refusing, or declining to submit to a polygraph examination, lie detector test, or similar test by whatever name called. 38.3: 37.3 The employer and/or employee Employer or agent shall not utilize any type of recording device or electronic surveillance device to record or transcribe any conversation between the employer Employer and any employee unless such disclosure of such device is made to the employer and/or employee prior to such conversation conversation, or the employer Employer has received a proper court orderCourt Order. 38.4: 37.4 Except when on duty, in uniform, or when acting in his official capacity, no employee shall be prohibited from engaging in political activity or be denied the right to refrain from engaging in political activity. 38.5: 37.5 Employees shall have the right to bring civil suit against any person, group of persons, or any organizations or corporations corporations, or the heads of such organizations or corporations corporations, for damages suffered, either pecuniary or otherwise, or for abridgment of their civil rights arising out of the officer’s Officer's performance of official duties. 38.6: 37.6 Any employee shall have the right to examine any and all personnel files maintained by the employer Employer regarding the employee employee, with the exception of employment letters of recommendation, upon written request during normal business hours construed to be 9:00 a.m. to 5:00 p.m., Monday through Friday, excepting holidays. Officers may comment in writing to any adverse materials placed in his or her personnel file. 38.7: 37.7 The employee’s files shall not be made available to any person or organization other than the employer Employer and employee without the employee’s written 's expressed authorization, except pursuant to an appropriate Court or Civil Service Commission order or subpoena. 38.8: 37.8 No employee shall be required or requested for purposes of assignment or other personnel action action, to disclose any item of his or her property, income, assets, source of income, debts, or personal or domestic expenditures (including those of any member of his or his/her family or household), unless such information is obtained under proper legal procedures or tends to indicate a conflict of interest with respect to the performance of his or his/her official duties. This paragraph shall not prevent inquiries inquires made by authorized agents of a tax collecting agency in accordance with acceptable and legally established procedures. 37.9 Whenever any employee is under investigation or subjected to interrogation by the Employer or its designated representative for any reason which could lead to disciplinary action, demotion, dismissal or criminal charges, such investigation or interrogation shall be conducted under the following conditions: a. The interrogation shall be conducted at a reasonable hour, when possible, preferably at a time when the Employee is on duty. b. Any employee, at his/her request, shall have the right to be represented by counsel and/or Association representatives prior to making any statements, written or verbal, concerning any act, incident, or occurrence from which disciplinary action, criminal prosecution or civil suit might result. c. The employee under investigation shall be informed of the rank, name and command of the officer in charge of the investigation, the interrogating officer, and all persons present during the interrogation if not already known to the employee. d. The employee under investigation shall be informed of the nature of the investigation prior to any interrogation and he shall be informed of the names of those complainants. Exception is made in those instances where the complainant must remain anonymous for security or confidentiality reasons, or is unknown to the investigating officer. e. Interrogating sessions shall be for reasonable periods and shall be timed to allow for such personal necessities as rest periods as are reasonably necessary. f. The employee under interrogation shall not be subjected to offensive language or threatened with transfer, dismissal or any disciplinary action. No promise or reward shall be made as an inducement to answering any questions. g. Upon disclosure, the employee or employer will be permitted to record the complete interrogation including all recess periods. There shall be no unrecorded questions or statements. h. If the employee under interrogation would have "Miranda" warnings available to him as a civilian or is likely to be placed under arrest as a result of the interrogation, he shall be completely informed of all his rights prior to the commencement of the interrogation. 37.10 Employees will not be deprived of liberty or property with due process of law or denied the equal protection of the law. 37.11 Any employee involved in a shooting shall not be bound as a condition of employment to make an oral or written statement, including a Preliminary Crime Report, until such time when the employee has been able to contact an Association Official or an Attorney and has had a reasonable time to discuss the incident with an Association lawyer. The lawyer shall then be able to counsel the Officer during his Preliminary Crime Report or any other oral or written statements that may be required. 37.12 No employee will be favored or discriminated against, nor disciplined, demoted, or transferred for exercising any of the above rights or any rights afforded him or her by this Contract.