Resolution 2015-034 - Laserfiche WebLink

Home Browse Search

ARTICLE 7: EMPLOYEE RIGHTS SECTION 1: An employee has the right to the presence and advice of the OPBA representative at all disciplinary interrogations. SECTION 2: An employee who is to be questioned as a suspect in any investigation of any criminal charge against him shall be advised of his constitutional rights before any questioning starts. SECTION 3: Before an employee may be charged with any violation of the Rules and Regulations for a refusal to answer questions or participate in any investigation, he shall be advised that his refusal to answer such questions or participate in such investigation will be the - basis of such a charge. SECTION 4: Questioning or interviewing of an employee in the course of an internal investigation will be conducted at hours reasonable related to the employee's shift, unless operational necessities require otherwise. Interrogation sessions shall be for reasonable periods of time, and time shall be provided for rest periods and attendance to physical necessities. In addition, tapes will only be made by the Employer. SECTION 5: An employee will be informed of the nature of the investigation of himself prior to any questioning. If the employee being questioned is, at that time, a witness and not under investigation, he shall be so advised. SECTION 6: The official personnel file will be located in the office of the Director of Human Resources. In the event an employee receives disciplinary action where an entry will be made in the employee's file, the employee will be given a copy of the disciplinary action or reprimand. Written reprimands will contain space for an employee's acknowledgement of receipt of said copy. In the case of a criminal investigation, the City Law Director or the appropriate prosecutor's office shall make any legal determination regarding furnishing a copy of the employee's statement to the employee or his representative. SECTION 7: The employee shall be informed of the nature of the investigation prior to any questioning and shall be informed, to the extent known at the time, whether the investigation is focused on the member for a potential charge. If the employee requests it, he shall be given brief time prior to any questioning to locate and review any documents he possesses regarding the event(s) being investigated in order to fully prepare himself to accurately and completely respond to the questioning. An investigating officer may accompany the member during his brief search and review of documents. The Employee shall have a reasonable time period in which to obtain legal counsel or a representative of the bargaining unit. SECTION 8: If the employee about to be interrogated shall be under arrest, or is a suspect in a criminal investigation and the answers which the employee is asked to make to interrogators, and 4