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trial, the ernployee shall be completely informed of his Garrity Rights and/or his Miranda Ri(,hts <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 />ansv,er questions or participate in an investi�,ation, he shall be advised that such conduct. if <br />continued. may be basis for a charge against him. No member shall be char<�ed W ith <br />insubordination where such refusal is premised upon the exercise of Constitutional rights <br />afforded him in the case ofa criminal investigation. <br />21.03 An employee shall be informed ofthe names and addresses of all complainants if the <br />Employer initiates any part ofthe disciplinary process against the employee. should tlae <br />complainant be another employee, upon request, the employee may be informed ofthe names of <br />the employee filing the complaint. The investigation officer ofthe complaint may be the <br />complainant. No employee ofthe NOPI) shall assume the role and/or name ofthe original <br />complainant unless he/she is researching (an internal) or criminal investigation. The employee <br />under investigation and the investigator shall not be subjected to abusive or threatening language. <br />No promise of reward shall be made. <br />21.04 If the employee requests, he shall be oiven a brief period of time prior to questionin'21 to <br />locate and review ail v written documents he possesses regarding tlae 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 briefsearch and review- of <br />documents. The employee shall have a reasonable time period in tivhich to obtain legal counsel <br />or a representative ofthe 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, ofthe 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 criminal investigation, the City Law Director or the appropriate <br />prosecutor's office shall make any legal determination regarding furnishing a copy ofthe <br />employee's statement to the employee or his representative. <br />21.06 Any interrogation, questioning or interviewing of an employee will be conducted at hours <br />reasonable related to his shift. preferable during his workinghours. Interrogation sessions shall <br />be for reasonable periods oftime with time allotted for attending to physical necessities. <br />21.07 At the request of either party, interview -s. or portions thereof with an employee. <br />conducted 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 ofthe tape will be made available to the FOP. <br />21.08 Ifany employee believes any portion ofthese rights have been violated, the violation <br />shall be noted and may be presented to the person or the court that will be making judgment inn <br />the case that is presented. <br />20 <br />