Common use of XXXX OF RIGHTS Clause in Contracts

XXXX OF RIGHTS. A. Members of the Police Force hold the unique status as public officers in that the nature of their office and employment involves the exercise of a portion of the police powers of the municipality. B. The wide ranging powers and duties given to the Department and its members involve them in all manner of contacts and relationships with the public. Out of these contacts may come questions concerning the actions of the members of the Police Force. These questions may require investigations by superior officers. These investigations are to be conducted in a manner which is conducive to good order and discipline. Any investigation shall follow a procedure which is in compliance with the Law, Statutes, Ordinances, case decisions, and as outlined herein, giving just due to the rights of the parties involved and consistent with due process. Whenever a law enforcement officer is under investigation or subject to interrogation by a law enforcement agency, for any reason which could lead to a disciplinary action under N.J.S.A. 40A:14-147, the interrogation shall be conducted under the following conditions: 1. The member shall be immediately informed of the nature of the investigation before any interrogation commences. 2. If the informant or complainant is anonymous, then the officer shall be so advised. Sufficient information to reasonably apprise the member of the allegations must be provided. 3. If it is known that the member of the force is being interrogated as a witness only, he/she shall be so informed at the initial contact. But, if the member is the subject of a disciplinary investigation, he/she shall have the opportunity to obtain representation by an attorney and/or by the FOP in accordance with this Article. 4. All complaints against or concerning a law enforcement officer shall be memorialized in writing. The written memorialization shall be in report form, serialized, marked with the date and time of receipt, and forwarded to the Chief of Police. Unsubstantiated or unfounded complaints may be maintained provided they are noted as being without foundation. No such complaints shall be used in any evaluation or in any discipline of the officer for any reason. 5. Interrogation sessions shall be for reasonable periods. The officer being interrogated shall be allowed telephone calls, refreshments, and meals. a. In matters which are purely disciplinary in nature, the law enforcement officer may request a suspension of the interrogation for up to twenty-four (24) hours, which request shall be granted. At the time and place designated for continuance of the interrogation, the law enforcement officer may be represented by an attorney or an FOP representative and shall be prepared to respond to the interrogation. The officer may be required, at the resumption of the interrogation, to submit a written or supplemental report, of the type ordinarily required under Department Rules and Regulations, detailing his/her knowledge of facts regarding the allegations. A written report may be obtained from the police officer only when the allegations arise out of his/her b. Nothing herein shall be construed to prevent the investigating officer from informing the member of the possible consequences of his/her act. If the refusal to answer questions in non-criminal matters may result in disciplinary action against the officer, then he/she shall be so advised. 6. If the investigation or interrogation of a law enforcement officer results in a recommendation of some action, such as demotion, dismissal, transfer, loss of pay, reassignment, or other similar action which would be considered a punitive measure, then before taking such action, the law enforcement agency shall give notice to the law enforcement officer that he is entitled to a hearing on the issues pursuant to N.J.S.A. 40A:14-147. 7. The officer or his/her attorney shall be provided with all reasonable discovery by the Township or the Department provided such demand is made within seven (7) days of the officer’s receipt of charge. 8. The hearing shall be conducted by the Township Manager. If the Township Manager is in conflict, in any respect, or unavailable then, and in that event, the hearing shall be conducted by a person impartial to the issues, who shall be appointed by the Township Council. The officer or his/her representative must state the conflict and request the removal of the Township Manager at least seven (7) days prior to the hearing provided the basis of such objection is within his/her knowledge at that time. The Hearing Officer shall not have participated in any stage of the investigation or interrogation other than in a purely ministerial role. 9. The Hearing Officer shall render decisions within thirty (30) days after the close of a disciplinary hearing concerning an employee with the right of the Hearing Officer to extend the time by another fifteen (15) days upon notice to the parties. In the event that a verbatim recording was made of the disciplinary hearing, and in the event a transcript was prepared, then the Hearing Officer shall render his/her decision within twenty-one (21) days after receipt of a transcript of such proceedings. 10. Any decision, order or recommendation for action resulting from the hearing shall be in writing and shall be accompanied by findings of fact and a certification that the transcript, if one was ordered, was received by the Hearing Officer. A copy of the decision or order, accompanying findings and conclusions, along with any written recommendations for action, shall be delivered or mailed promptly to the law enforcement officer concerned and his/her attorney. 11. In the event of a grievance, an employee or police officer may represent him/herself or may be represented by the FOP, a fellow worker, or an attorney. a. Upon prior notice and authorization by the Chief of Police or designee, all officers shall have access to their individual personnel file. Any such request shall not be unreasonably denied. b. No law enforcement agency shall insert any adverse material into any file of the officer, unless the officer has had an opportunity to review, sign, receive a copy of, and comment in writing upon the adverse material, unless the officer waives these rights. c. The officer shall have the right to respond in writing to any complaint, negative report, or disciplinary warning entered into his individual personnel file, and said response shall also be placed in the officer’s individual personnel file within ten (10) days of placement in file. d. An officer may exercise his/her right to review his/her file and to initial and date each document contained therein. Should any document which predated the officer’s review of the file be entered or proposed to be entered in any hearing, which document does not contain the officer’s initials and date, all negative inference may be drawn by the Hearing Officer as to the document’s legitimacy and timeliness. 13. When disciplinary charges are filed against any officer, the officer shall be entitled to a hearing pursuant to N.J.S.A. 40A:14-147. Such charges will be in writing stating the facts which led to the recommended disciplinary action. 14. The parties hereby acknowledge that the terms and conditions of N.J.S.A. 40A:14-147 shall govern and control in any areas either not addressed within the preceding paragraphs of the Xxxx of Rights which, if covered, conflict with the statutory language.

XXXX OF RIGHTS. A. Members of the Police Force Employees covered by this Agreement hold the a unique status as public officers in that the nature of their office and employment involves the exercise of a portion of the police powers of the municipality. B. . The wide wide-ranging powers and duties given to the Department department and its members involve them in all manner manners of contacts and relationships with the public. Out of these contacts may come questions concerning the actions of the members of the Police Forceforce. These questions may require investigations by superior officerssupervisory personnel. These In an effort to ensure that these investigations are to be conducted in a manner which is conducive to good order and discipline. Any investigation shall follow a procedure which is in compliance with the Law, Statutes, Ordinances, case decisions, and as outlined hereinonce the investigation enters an accusatory stage or when written reports are required, giving just due to the rights of the parties involved and consistent with due process. Whenever a law enforcement officer is under investigation or subject to interrogation by a law enforcement agency, for any reason which could lead to a disciplinary action under N.J.S.A. 40A:14-147following rules are hereby adopted: a. Except in emergent circumstances, the interrogation of an Employee shall be conducted under at a reasonable hour, preferably when the following conditions:member involved is on duty. 1. b. The member Employee shall be immediately informed of the nature of the investigation before any interrogation commences. 2. If the informant or complainant is anonymous, then the officer shall be so advised. Sufficient information to reasonably apprise the member of the allegations must be provided. 3. If it is known that the member of the force is apprize an Employee being interrogated as a witness only, he/she shall be so informed supplied at the initial contact. But, if the member is the subject of a disciplinary investigation, he/she shall have the opportunity to obtain representation by an attorney and/or by the FOP in accordance with this Article. 4. All complaints against or concerning a law enforcement officer shall be memorialized in writing. The written memorialization shall be in report form, serialized, marked with the date and time of receipt, and forwarded to the Chief of Police. Unsubstantiated or unfounded complaints may be maintained provided they are noted as being without foundation. No such complaints shall be used in any evaluation or in any discipline of the officer for any reason. 5. Interrogation sessions shall be for reasonable periods. The officer being interrogated shall be allowed telephone calls, refreshments, and meals. a. In matters which are purely disciplinary in nature, the law enforcement officer may request a suspension of the interrogation for up to twenty-four (24) hours, which request shall be granted. At the time and place designated for continuance of the interrogation, the law enforcement officer may be represented by an attorney or an FOP representative and shall be prepared to respond to the interrogation. The officer may be required, at the resumption of the interrogation, to submit a written or supplemental report, of the type ordinarily required under Department Rules and Regulations, detailing his/her knowledge of facts regarding the allegations. A written report may be obtained from the police officer only when the allegations arise out of his/her b. Nothing herein shall be construed to prevent the investigating officer from informing the member of the possible consequences of his/her act. If the refusal to answer questions in non-criminal matters may result in disciplinary action against the officer, then he/she shall be so advised. 6. If the investigation or interrogation of a law enforcement officer results in a recommendation of some action, such as demotion, dismissal, transfer, loss of pay, reassignment, or other similar action which would be considered a punitive measure, then before taking such action, the law enforcement agency shall give notice to the law enforcement officer that he is entitled to a hearing on the issues pursuant to N.J.S.A. 40A:14-147. 7. The officer or his/her attorney shall be provided with all reasonable discovery by the Township or the Department provided such demand is made within seven (7) days of the officer’s receipt of charge. 8. The hearing shall be conducted by the Township Manager. If the Township Manager is in conflict, in any respect, or unavailable then, and in that event, the hearing shall be conducted by a person impartial to the issues, who shall be appointed by the Township Council. The officer or his/her representative must state the conflict and request the removal of the Township Manager at least seven (7) days prior to the hearing provided the basis of such objection is within his/her knowledge at that time. The Hearing Officer shall not have participated in any stage of the investigation or interrogation other than in a purely ministerial role. 9. The Hearing Officer shall render decisions within thirty (30) days after the close of a disciplinary hearing concerning an employee with the right of the Hearing Officer to extend the time by another fifteen (15) days upon notice to the parties. In the event that a verbatim recording was made of the disciplinary hearing, and in the event a transcript was prepared, then the Hearing Officer shall render his/her decision within twenty-one (21) days after receipt of a transcript of such proceedings. 10. Any decision, order or recommendation for action resulting from the hearing shall be in writing and shall be accompanied by findings of fact and a certification that the transcript, if one was ordered, was received by the Hearing Officer. A copy of the decision or order, accompanying findings and conclusions, along with any written recommendations for action, shall be delivered or mailed promptly to the law enforcement officer concerned and his/her attorney. 11. In the event of a grievance, an employee or police officer may represent him/herself or may be represented by the FOP, a fellow worker, or an attorney. a. Upon prior notice and authorization by the Chief of Police or designee, all officers shall have access to their individual personnel file. Any such request shall not be unreasonably denied. b. No law enforcement agency shall insert any adverse material into any file of the officer, unless the officer has had an opportunity to review, sign, receive a copy of, and comment in writing upon the adverse material, unless the officer waives these rights. c. The questioning shall be reasonable in length. The officer should be allowed to have a PBA representative present if he so desires. Reasonable respites shall have the right to respond in writing to any complaintbe allowed. Time shall be provided for personal necessities, negative reportmeals, or disciplinary warning entered into his individual personnel filetelephone calls, and said response shall also be placed in the officer’s individual personnel file within ten (10) days of placement in filerest periods as are reasonably necessary. d. An officer may exercise The complete interrogation of the Employee shall be recorded mechanically by the PBA. There will be no “OFF THE RECORD” questions. e. The Employee shall not be subject to any offensive language, nor shall 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 under arrest or is likely to be, that is, if he is a suspect or target of a criminal investigation, he shall be given his rights in accordance with law. g. In all cases and in every stage of the proceedings the Department shall afford an opportunity for an Employee, if the Employee requests, to consult with counsel and/or his/her right to review his/her file and to initial and date each document contained therein. Should any document which predated the officer’s review PBA representative(s) before being questioned concerning a violation of the file be entered or proposed to be entered in any hearing, which document does not contain the officer’s initials Rules and date, all negative inference may be drawn by the Hearing Officer as to the document’s legitimacy and timelinessRegulations. 13. When h. No disciplinary charges are filed action will be taken against any officer, the officer an Employee without just cause. i. Departmental investigations: Departmental investigations shall be entitled to a hearing pursuant to N.J.S.A. 40A:14-147. Such charges will be as prescribed in writing stating the facts which led to the recommended disciplinary action. 14. The parties hereby acknowledge that the terms rules and conditions of N.J.S.A. 40A:14-147 shall govern and control in any areas either not addressed within the preceding paragraphs regulations of the Xxxx Police Department and as prescribed in this Article of Rights which, if covered, conflict with the statutory languageAgreement.

XXXX OF RIGHTS. A. Members Section 1. This Article is known and may be cited as the Fire Fighters Procedural Xxxx of Rights. These rules shall be for the government of the Police Force hold the unique status as public officers in that the nature of their office Fort Xxxxx Fire Department and employment involves the exercise of shall be a portion part of the police powers internal personnel policies. For purposes of this Article, the municipality. B. The wide ranging powers and duties given to the Department and its members involve them in term Fire Fighter includes all manner of contacts and relationships with the public. Out of these contacts may come questions concerning the actions of the members of the Police Forcebargaining unit, on full time active duty, as defined in Article 3, herein. These questions may require investigations Here below are listed and defined their Rights, to wit: 1. Unit members shall have the right to Union or legal representation during interview or questioning for any matter concerning his/her activities. 2. Unit members shall have the right to Union representation selected by superior officersthe Union, or an attorney of the member’s choice and expense, during any interview or hearing on complaints that are heard by the Merit Commission. 3. These Unit members shall receive public assistance in regard to any job related civil or liability suits at law in accordance with General Ordinance No. G-30-75, 29 December 1975. 4. Unit members shall not receive any discipline for exercising their rights as a citizen guaranteed by the Constitution of the United States and the State of Indiana. 5. Unit members shall not be required to undergo polygraph or voice inflection testing at any time. 6. Unit members shall not be demoted, except for just cause and after appropriate hearing and determination by the Merit Commission. 7. When, for any reason, any Fire Fighter is under investigation by his/her Superior Officer, or any other duly assigned member of the Fire Command, which could lead to disciplinary action, demotion, dismissal, transfer of administrative charges, and to insure that such investigations are to be conducted in a manner which is conducive to public confidence, good order and discipline. Any investigation shall follow a , meanwhile observing and protecting the individual rights of each Fire Fighter, the following rules of procedure which is in compliance with the Law, Statutes, Ordinances, case decisionsare hereby esta- blished, and as outlined herein, giving just due to the rights of the parties involved and consistent with due process. Whenever a law enforcement officer is under investigation will be followed. a) The interview or subject to interrogation by a law enforcement agency, for any reason which could lead to a disciplinary action under N.J.S.A. 40A:14-147, the interrogation questioning shall be conducted under at a reasonable time when the following conditions: 1unit member is on duty and during normal working hours for the unit member. The interview or questioning shall be completed as soon as possible. Time shall be provided for personal necessities, meals, telephone calls not related to the investigation, and rest periods. b) The unit member being interviewed or questioned shall be informed at least 72 hours prior to such interview or questioning of the rank, name and command of the officer in charge of the questioning. c) The unit member shall be immediately informed of the nature of the investigation before investigation, of whether he/she is a witness or the object of the investigation, and of any interrogation commencescharges against him/her at least 72 hours prior to any questioning. 2d) The interview or questioning session shall be for a reasonable period of time, not to exceed four hours. e) The unit member under investigation shall not be subjected to offensive language or threatened in any manner whatsoever. f) The unit member shall not be subjected to visits by the press or news media without his/her express consent, nor shall his/her home address or photograph be given to anyone without his/her express consent. g) The complete interview of a unit member shall be recorded. The unit member shall be given a copy of that tape or a copy of the transcript as soon as possible. The unit member shall be entitled to a transcribed copy of any notes made by a stenographer or to any reports made by investigators. This does not preclude the unit member from recording the interview on his/her own tape recorder. h) If the informant or complainant unit member is anonymous, then the officer shall likely to be so advised. Sufficient information to reasonably apprise the member placed under arrest as a result of the allegations must be provided. 3. If it is known that the member of the force is being interrogated as a witness onlyinvestigation, he/she shall be so completely informed at of all his/her rights prior to the initial contact. But, if commencement of the member is interrogation. i) The process leading to actions by the Merit Commission shall be considered subject to the grievance procedure. j) This section shall not apply to any investigation or questioning of a disciplinary investigationunit member in the course of counseling, instruction, informal verbal admonishment or other routine contact with a supervisor. 8. No unit member shall have any comment adverse to his/her interests entered in their personnel file, without his/her having first read the instrument containing the adverse comment indicating he/she is aware that such comment is being placed in his/her file or other place of recordation of such comments, except that such entry may be made if, after reading the instrument containing any adverse comment the unit member refused to sign it. A witness shall have thereafter note that such unit member was presented with the opportunity to obtain representation by an attorney and/or by read and sign such instrument and refused to do so. After 15 months if there is no recourse, the FOP in accordance with this Article. 4. All complaints against or concerning a law enforcement officer instrument shall be memorialized in writing. The written memorialization shall be in report form, serialized, marked with the date and time of receipt, and forwarded to the Chief of Police. Unsubstantiated or unfounded complaints may be maintained provided they are noted as being without foundation. No such complaints shall be used in any evaluation or in any discipline of the officer for any reason. 5. Interrogation sessions shall be for reasonable periods. The officer being interrogated shall be allowed telephone calls, refreshments, and meals. a. In matters which are purely disciplinary in nature, the law enforcement officer may request a suspension of the interrogation for up to twenty-four (24) hours, which request shall be granted. At the time and place designated for continuance of the interrogation, the law enforcement officer may be represented by an attorney or an FOP representative and shall be prepared to respond to the interrogation. The officer may be required, at the resumption of the interrogation, to submit a written or supplemental report, of the type ordinarily required under Department Rules and Regulations, detailing purged from his/her knowledge of facts regarding the allegationsfile. 9. A unit member shall have ten days within which to file a written report may be obtained from the police officer only when the allegations arise out of his/her b. Nothing herein shall be construed response to prevent the investigating officer from informing the member of the possible consequences of any adverse comment entered in his/her actpersonnel file. If the refusal to answer questions in non-criminal matters may result in disciplinary action against the officer, then he/she Such written response shall be so advisedattached to, and shall accompany the adverse comment. 610. If Disciplinary documents in unit member’s file shall be removed after 15-month period. Exceptions to this rule will be if a similar violation takes place within the investigation or interrogation 15-month period. In such event, the record will remain on file until the latest occurrence has matured 15 months. 11. Before the interview of any unit member as a result of a law enforcement officer results in complaint by a recommendation of some action, such as demotion, dismissal, transfer, loss of pay, reassignment, or other similar action which would be considered a punitive measure, then before taking such actioncitizen, the law enforcement agency citizen shall give notice to first be interviewed by the law enforcement officer that he is entitled to a hearing on the issues pursuant to N.J.S.A. 40A:14-147. 7. The officer Fire Chief or his/her attorney designee. The citizen shall be required to sign a statement clearly stating the complaint, a copy of which shall be provided with all reasonable discovery by to the Township or member at least 72 hours prior to questioning regarding the Department provided such demand is made within seven (7) days of the officer’s receipt of chargecomplaint. 812. The hearing Except as otherwise provided by law, no unit member shall be conducted by the Township Manager. If the Township Manager is prohibited from engaging or be coerced or required to engage in conflict, in any respect, or unavailable then, and in that event, the hearing shall be conducted by a person impartial to the issues, who shall be appointed by the Township Council. The officer or his/her representative must state the conflict and request the removal of the Township Manager at least seven (7) days prior to the hearing provided the basis of such objection is within his/her knowledge at that time. The Hearing Officer shall not have participated in any stage of the investigation or interrogation other than in a purely ministerial role. 9. The Hearing Officer shall render decisions within thirty (30) days after the close of a disciplinary hearing concerning an employee with the right of the Hearing Officer to extend the time by another fifteen (15) days upon notice to the parties. In the event that a verbatim recording was made of the disciplinary hearing, and in the event a transcript was prepared, then the Hearing Officer shall render his/her decision within twenty-one (21) days after receipt of a transcript of such proceedings. 10. Any decision, order or recommendation for action resulting from the hearing shall be in writing and shall be accompanied by findings of fact and a certification that the transcript, if one was ordered, was received by the Hearing Officer. A copy of the decision or order, accompanying findings and conclusions, along with any written recommendations for action, shall be delivered or mailed promptly to the law enforcement officer concerned and his/her attorney. 11. In the event of a grievance, an employee or police officer may represent him/herself or may be represented by the FOP, a fellow worker, or an attorney. a. Upon prior notice and authorization by the Chief of Police or designee, all officers shall have access to their individual personnel file. Any such request shall not be unreasonably denied. b. No law enforcement agency shall insert any adverse material into any file of the officer, unless the officer has had an opportunity to review, sign, receive a copy of, and comment in writing upon the adverse material, unless the officer waives these rights. c. The officer shall have the right to respond in writing to any complaint, negative report, or disciplinary warning entered into his individual personnel file, and said response shall also be placed in the officer’s individual personnel file within ten (10) days of placement in file. d. An officer may exercise his/her right to review his/her file and to initial and date each document contained therein. Should any document which predated the officer’s review of the file be entered or proposed to be entered in any hearing, which document does not contain the officer’s initials and date, all negative inference may be drawn by the Hearing Officer as to the document’s legitimacy and timelinesspolitical activity. 13. When disciplinary charges are filed against any officerNo unit member shall have his/her locker, the officer shall desk, or other space for storage that may be entitled to assigned them, searched unless a hearing pursuant to N.J.S.A. 40A:14-147. Such charges will be in writing stating the facts which led to the recommended disciplinary actionvalid search warrant has been obtained. 14. The parties hereby acknowledge that Unit members shall have the terms right, subject to applicable laws, to inspect any files maintained by the department regarding their employment, including but not limited to, personnel files, medical files, training files, and conditions of N.J.S.A. 40A:14-147 disciplinary files, and may be accompanied by a Union representative or attorney while doing so. Any unresolved alleged discrepancies shall govern and control in any areas either not addressed within be subject to the preceding paragraphs of the Xxxx of Rights which, if covered, conflict with the statutory languagegrievance procedure.

XXXX OF RIGHTS. A. Members of the Police Force 1. Officers hold the unique status as public officers in that the nature of their office and employment involves the exercise of a portion of the police powers of the municipalityTownship. B. 2. The wide ranging powers and duties given to the Department and its members involve them in all manner manners of contacts and relationships with the public. Out of these contacts may come questions concerning the actions of the members officers of the Police ForceDepartment. These questions may require investigations by superior officersOfficers. These investigations are to be conducted in a manner which is conducive to good order and discipline. Any investigation shall follow a procedure which is in compliance with the Law, Statutes, Ordinances, case decisions, decisions and as outlined herein, giving just due to the rights of the parties involved and consistent with due process. Whenever a law enforcement officer an Officer is under investigation or subject subject, to interrogation by a law enforcement agency, for any reason which could lead to a disciplinary action under N.J.S.A. 40A:14-147, the interrogation shall be conducted under the following conditions: 1. A. The member Officer shall be immediately informed of the nature of the investigation before any interrogation commences. 2. B. If the informant or complainant is anonymous, then the officer Officer shall be so advised. Sufficient information to reasonably apprise appraise the member Officer of the allegations must be provided. 3. C. If it is known that the member of the force Officer is being interrogated as a witness only, he/she he shall be so informed at the initial contact. But, if If the member Officer is the subject of a disciplinary investigation, he/she he shall have the opportunity to obtain representation by an attorney and/or by the FOP PBA in accordance with this Article. 4. D. All complaints against or concerning a law enforcement officer an Officer shall be memorialized in writing. The written memorialization shall be in report form, serialized, marked with the date and time of receipt, receipt and forwarded to the Chief of Police. Unsubstantiated or unfounded complaints may be maintained provided they are noted as being without foundation. No such complaints shall be used in any evaluation or in any discipline of the officer Officer for any reason. 5. E. Interrogation sessions shall be for reasonable periods. The officer Officer being interrogated shall be allowed to make telephone calls, refreshments, calls and to obtain refreshments and meals. a. F. In matters which are purely disciplinary in nature, the law enforcement officer Officer may request a suspension of the interrogation for up to twenty-four (24) hours, which request shall be granted. At the time and place designated for continuance of the interrogation, the law enforcement officer Officer may be represented by an attorney or an FOP a PBA representative and shall be prepared to respond to the interrogation. The officer Officer may be required, at the resumption of the interrogation, to submit a written or supplemental report, of the type ordinarily required under Department Rules and Regulations, detailing his/her his knowledge of facts regarding the allegations. A written report may be obtained from the police officer Officer only when the allegations arise out of his/herhis employment. b. G. Nothing herein shall be construed to prevent the investigating officer Officer from informing the member Officer of the possible consequences of his/her his act. If the refusal to answer questions in non-criminal matters may result in disciplinary action against the officerOfficer, then he/she he shall be so advised. 6. H. If the investigation or interrogation of a law enforcement officer Officer results in a recommendation of some action, such as demotion, dismissal, transfer, loss of pay, reassignment, reassignment or other similar action which would be considered a punitive measure, then before taking such action, the law enforcement agency shall give notice to the law enforcement officer Officer that he is entitled to a hearing on the issues pursuant to N.J.S.A. 40A:14-40A:14- 147. 7. I. The officer Officer or his/her his attorney shall be provided with all reasonable discovery by the Township or the Department provided such demand is made within seven (7) days of the officer’s Officer's receipt of chargehis charge(s). 8. J. The hearing shall be conducted by the Township Manager. If the Township Manager is in conflict, in any respect, or unavailable thenunavailable, then and in that event, the hearing shall be conducted by a person person, impartial to the issues, who shall be appointed by the Township CouncilManager. The officer Officer or his/her his representative must state the conflict and request the removal of the Township Manager Administrator at least seven (7) days prior to the hearing provided the basis of such objection is within his/her his knowledge at that time. The Hearing Officer shall not have participated in any stage step of the investigation or interrogation other than in a purely ministerial role. 9. K. The Hearing Officer shall render decisions a decision within thirty (30) 21 days after the close of a disciplinary hearing concerning an employee with the right of the Hearing Officer to extend the time by another fifteen (15) days upon notice to the partiesOfficer. In the event that If a verbatim recording was made of the disciplinary hearing, and in the event a transcript was prepared, then the Hearing Officer shall render his/her his decision within twenty-one (21) days after receipt of a transcript of such proceedings. 10. L. Any decision, order or recommendation for action resulting from the hearing shall be in writing and shall be accompanied by findings of fact and a certification that the transcript, if one was ordered, was received by the Hearing Officer. A copy of the decision or order, accompanying findings and conclusions, along with any written recommendations for action, shall be delivered or mailed promptly to the law enforcement officer Officer concerned and his/her his attorney. 11. M. In the event of a grievance, an employee or police officer Officer may represent him/herself himself or may be represented by the FOPPBA, a fellow worker, or an attorney. a. Upon prior notice and authorization by 3. Personnel Files A. All official personnel files shall be kept in the Chief Office of Police or the his designee, all officers Officers shall have access to any of their individual personnel filefiles or duplicates of official personnel files which might be kept in the Office of the Chief of Police. Any such request shall not be unreasonably denied. b. No law enforcement agency B. The Township and Department shall not insert any adverse material into any file of the officerOfficer, unless the officer Officer has had an opportunity to review, sign, receive a copy of, of and comment in writing upon the adverse material, unless the officer Officer waives these rights. c. C. The officer Officer shall have the right to respond in writing to any complaint, negative report, or disciplinary warning entered into his individual personnel file, and said response shall also be placed in the officer’s Officer's individual personnel file within ten (10) days of placement in file. d. D. An officer Officer may exercise his/her his right to review his/her and copy his file and to initial and date each document contained therein. Should any document which predated the officer’s Officer's review of the file be entered or proposed to be entered in any hearing, which document does not contain the officer’s Officer's initials and date, all negative inference may be drawn by the Hearing Officer as to the document’s documents legitimacy and timeliness. 13. When disciplinary charges are filed against any officer, the officer shall be entitled to a hearing pursuant to N.J.S.A. 40A:14-147. Such charges will be in writing stating the facts which led to the recommended disciplinary action. 144. The parties hereby acknowledge that the terms and conditions of N.J.S.A. 40A:14-147 shall govern and control in any areas either not addressed within the preceding paragraphs of the Xxxx of Rights which, if covered, conflict with the statutory language.and