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_ .. _ ? . • .... _ - ; .`. ??'?r'.ao3Y?bm'G.?s#4C<?kcn^+:'25fMW..3?#4§L4x5?.^'-t <br />AK 1ICLE 21 BILL, UF KIGH1'S <br />? 1.01 A complaint against an employee must be substantiated or it cannot be used for <br />disciplinary action. An employee under investigation will not be conlpelled to nlalce an oral or <br />writteil statement until that employee is infonmed of the nature of the investigation and, to the <br />extent ltnown at the time, whether the investigation is focused on the employee far possible <br />crinzinal charge(s) or disciplinary aetion. Tlle employee will be apprised of possible disciplinary <br />action to be takeil by the Employer if the complaint is sustained. Likewise, if the employee is <br />under arrest or is a suspect in a criminal investigation, the answers which the employee is asked <br />to malce to interrogators, and information derived from such answers, will be used in a criminal <br />trial, the employee shall be completely informed of his Garrity Rights and/ar his Miranda Rights <br />prior to the commencement of any interrogation. <br />21.02 Before an employee may be charged with insubordination or like offense for refusing to <br />answer questions ar participate in an investigation, he shall be advised thai such conduct, if <br />continued, may be basis for a charge against him. No member shall be charged with <br />insubordination where such refusal is premised upon the eaercise of Constitutional rights <br />afforded him in the case of a criminal investigation. <br />21.03 An employee shall be informed of the naines and addresses of all complainants. Should <br />the complainant be another einployee, upon i•equest, the complainant may be informed of the <br />name of the employee. The investigating employee of the complaint may be the complainant. <br />No employee of the NOPD shall assume the role and/or name of the original complainant unless <br />he/she is researching (an internal) or criminal investigation. The employee under interrogation <br />aild the investigator shall not be subjected to abusive or threatening language. No promise of <br />reward 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 arder to fully prepare himself to accurately and completely respond to the questioiung. An <br />investigating employee may accompany the member during 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 eveilt 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 aclcnowledgement of receipt of said <br />copy. In the case of a criminal investigation, the City Law Director or the appropriate <br />prosecLrtor's office shall make any legal deterinination regarding furnishing a copy of the <br />eniployee's statement to the employee or his representative. <br />21.06 Any interrogation, questioning or interviewing of an enlployee will be conducted at hours <br />reasonable related to his shift, preferable dtu-ing his workiilg hours. Interrogation sessions shall <br />be for reasonable periods of time with tiine allotted for attending to physical necessities. <br />15