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? 1.02 Before an employee may be charged with insubordination or like offense for refusing to <br />answer questions or participate in an investigation, he shall be advised that sucli conduct, if <br />continued, may be basis far a charge against hini. No member shall be charged with <br />insubordination where such refusal is premised upon the exercise of Constitutional rights <br />affol-cled him in the case of a criminal investigation. <br />211.03 An employee shall be infoi-med of the names and addresses of all complainants. Should <br />the complainani be another employee, upon request, the complainant may be informed of the <br />name of the employee. The investigating officer of the coinplaint may be the complainant. No <br />employee of the NOPD shall assuine the role and/or name of the original coinplainani unless <br />he/slie is researching (an internal) or criininal investigation. The einployee under interrogation <br />ai7cl the investigator shall not be subjected to abusive or threatening language. No proinise of <br />rewal•d shall be made. <br />21.04 If the employee requests, he shall be given a brief period of time prior to questioning to <br />locate and review any written documents he possesses regarding the event(s) being investigated <br />in order to fully prepare himself to accurately and completely respond to the questioning. An <br />investigating officer inay accompany the einployee durulg his brief search and review of <br />documents. The employee shall have a reasonable time period in which to obtain legal counsel <br />or a representative of the bargaining unit. <br />21.05 In the event an employee receives disciplinary action where an entry Will be made in the <br />employee's file, the employee will be given a copy of the disciplinary action or reprimand. <br />Written reprimands will contain space for an employee's acknowledgement of receipt of said <br />copy. In the case of a criininal investigation, fl1e City Law Directar ar the appropriate <br />prosecutor's office shall malce any legal detenllination regarding furnishiug a copy of the <br />employee's statement to the employee or his representative. <br />21.06 Any interrogation, questioning or interviewing of an ernployee will be conducted at <br />hours reasonable related to his shift, preferable during his working hours. Intei•rogation sessions <br />shall be for reasonable periods of time with time allotted for attending to physical necessities. <br />21.07 At the request of either party, interviews, or partions thereof with an employee, <br />eonducted during the course of an inquiry may be tape recorded (audio). In the case of an <br />internal investigation, such interrogation shall be recorded by the police department at the <br />request of either party. A copy of the tape will be made available to the FOP. <br />21.08 If aily employee believes any portion of these rights have beeii violated, the violation <br />shall be noted and may be presented to the person or the court that will be malciilg judgn7ent on <br />the case that is presented. <br />ARTICLE XXII LAYOFF/RECALL <br />22.01 When a layoff is neeessary due to laclc of funds, laclc of work or abolishment of <br />positions, the Employer shall notify the affected employees in writing at least thirty (30) days in <br />advance of the effective date of layoff. <br />17