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qualifications required, and areas worked; subject only to the restrictions and regulations <br />governing the exercise of these rights as are expressly provided herein. <br />ARTICLE XXI <br />EMPLOYEE RIGHTS <br />21.01 A complaint against an employee must be substantiated or it camlot be used for <br />disciplinary action. An employee under investigation will not be compelled to make an oral or <br />written statement until that employee is informed of the nature of the investigation and, to the <br />extent known at the time, whether the investigation is focused on the employee for possible <br />criminal charge(s) or disciplinary action. The employee will be apprised of possible disciplinary <br />action to be taken 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 make 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/or 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 or participate in an investigation, he shall be advised that 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 exercise of Constitutional rights <br />afforded him in the case of a criminal investigation. <br />21.03 An employee shall be informed of the names and addresses of all complainants. Should <br />the complainant be another employee, upon request, the complainant may be informed of the <br />name of the employee. The investigating officer of the complaint may be the complainant. No <br />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 />and the investigator shall not be subjected to abusive or tlu•eatening 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 order to fully prepare himself to accurately and completely respond to the questioning. An <br />investigating officer may accompany the employee 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 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 aclaiowledgement of receipt of said <br />copy. In the case of a criminal investigation, the City Law Director or the appropriate <br />prosecutor's office shall make any legal determination regarding furnishing a copy of the <br />employee's statement to the employee or his representative. <br />16 <br />