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to make to interrogators, and information derived Ii-om such ansvkers, 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 ,a ith insubordination or like oflcnse 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 charoed with <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 the <br />complainant be another employee, upon request, the employee may be informed ofthe name of <br />the employee filing the complaint. "I'he investigation officer ofthe complaint may be the <br />complainant. Nig employee of the NOPD shall assume the role and/or name ofthe original <br />complainant unless he/she is researching (an internal) or criminal investivation. The employee <br />under investigation and the investigator shall not be subjected to abusive or threatening language. <br />No promise of reward shall he made. <br />21.04 If the employee requests. lie 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 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 COtlnsel <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 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 working hours. Interrogation sessions shall <br />he for reasonable periods of time ,kith time allotted for attending to physical necessities. <br />21.07 At the request of either party, interviews or portions thereof with an employee conducted <br />during the course of an inquiry, may be tape recorded (audio). In the case of an internal <br />investigation. such interrogation shall be recorded by the police department at the request of <br />either party. A copy ofthe tape will be made available to the [.anion. <br />21.08 Ifany employee believes any, portion of these 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 on <br />the case that is presented. <br />►8 <br />