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ARTICLE 22 <br />BILL OF RIGHTS <br />22.1 A complaint against an officer must be substantiated or it cannot be used for <br />disciplinary action. An officer under investigation will not be compelled to make an oral or <br />written statement until that officer is informed of the nature of the investigation and, to the extent <br />known at the time, whether the investigation is focused on the ofFicer for possible criminai <br />charge(s) or disciplinary action. The officer will be apprised of possible disciplinary action to <br />be taken by the Employer if the complaint is sustained. Likewise, if the officer is under arrest or <br />is a suspect in a criminal investigation, the answers which the officer is asked to make to <br />intenogators, and information derived from such answers, will be used in a criminal trial, the <br />ofFicer shall be completely informed of his Garrity Rights andlor his Miranda Rights prior to the <br />commencement of any interrogation. <br />22.2 Before an officer may be charged with insubordination or like offense for <br />refusing to answer questions or participate in an investigation, he shall be advised that such <br />conduct, if continued, may be basis for a charge against him. No member shall be charged with <br />insubordination where such refusal is premised upon the exercise of Constitutional rights <br />afforded him in the case of a criminal investigation. <br />22.3 An officer sha.ll be informed of the names and addresses of all complainants. <br />Should the complainant be another officer, upon request, the complainant may be informed of <br />the na.me of the officer. The investigating officer of the complaint may be the complainant. No <br />officer of the NOPD shall assume the role and/or name of the original complainant unless he/she <br />is researching (an intemal) or criminal 'mvestigation. The officer under interrogation and the <br />33