2018-084 Resolution - Laserfiche WebLink

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are not limited to, the sole right to hire, discipline and discharge for just cause, lay off and promote and demote; to promulgate and enforce reasonable employment rules and regulations; to reorganize, discontinue, or enlarge any operation, or division, within the Police Department; to transfer (including the assignment and allocation of work operations -divisions) within or to other location of facilities; to determine the manner in which all work is to be performed; to determine the sire and duties of the work force the number of shifts required, and all work schedules; to establish, modify, consolidate or abolish.jobs, and to determine staffing patterns, including, but not limited to, assignment of employees, numbers employed, duties to be performed, qualifications required, and areas worked; subject only to the restrictions and regulations governing the exercise of these rights as are expressly provided herein. ARTICLE; XXI EMPLOYFF RIGHTS 21.01 A complaint against an employee must be substantiated or it cannot be used for disciplinary action. An employee under investigation will not be compelled to make an oral or written statement until that employee is informed of the nature of the investigation and, to the extent known at the time, whether the investigation is focused on the employee for possible criminal charge(s) or disciplinary action. The employee will be apprised of possible disciplinary action to be taken by the Employer il'the complaint is sustained. Likewise, il'the employee is under arrest or is a suspect in a criminal investigation, the answers which the employee is asked to make to interrogators, and information derived from such answers, will be used in a criminal trial, the employee shall be completely informed of his Garrity Rights and/or his Miranda Rights prior to the commencement of any interrogation. 21.02 Before an employee may be charged with insubordination or like offense for refusing to answer questions or participate in an investigation, he shall be advised that such conduct, if continued, may be basis for a charge against him. No memher shall be charged with insubordination where such refusal is premised upon the exercise of'Constitutional rights afforded him in the case ora criminal investigation. 21.03 An employee shall be informed of the names and addresses of all complainants if the Employer initiates any part of the disciplinary process against the employee. Should the complainant be another employee, upon request, the employee may be informed of the names of the employee filing the complaint. The investigation officer of the complaint may be the complainant. No employee of the NOPD shall assume the role and/or name of the original complainant unless he/she is researching (an internal) or criminal investigation. The employee under investigation and the investigator shall not be subjected to abusive or threatening language. No promise of reward shall be made. 21.04 If the employee requests, he shall be given a brief period of time prior to questioning to locate and review any written docurnents 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 employee 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. 18