Common use of Internal Administrative Investigation Clause in Contracts

Internal Administrative Investigation. It is recognized that as a condition of employment, it is the duty of employees to cooperate with internal administrative investigations. In many instances an inquiry may be initiated without an individual employee as the target of the investigation. During the investigation when the College believes that disciplinary action will result or may result in relation to an individual employee, that employee will be notified prior to any further questioning. At any stage of the investigation, if the employee involved believes that he/she is the subject of the investigation and that the investigation could lead to or could reasonably lead to discipline, then the employee has the right to ask for Lodge representation during the questioning. The bargaining unit employee shall be allowed reasonable time of not less than twenty- four (24) hours to contact a Lodge Representative and/or attorney prior to any interview, and to have the Lodge Representative and/or attorney present during all interview sessions. A member or a Lodge Representative may make a request for an extension and it shall not be unreasonably denied. Bargaining unit employees shall be informed by the Chief of Police/Designee of the nature of the investigation prior to questioning. An employee suspected of having committed a criminal offense shall be assured the same rights as any other citizen regarding police inquiry. If the investigation is criminal in nature, the employee shall be given a “Miranda” warning and shall be afforded all rights thereunder. If the investigation is administrative in nature, the employee shall be given the “Xxxxxxx” warning and shall be afforded all rights thereunder. Before an employee may be charged with insubordination or like offense for refusing to answer questions or participate in any investigation, the employee shall be advised that such conduct, if continued, may be made the basis for such a charge; except that an employee who refused to answer questions or participate in a criminal investigation shall not be charged with insubordination or like offense where such refusal is premised on the exercise of the rights and advice afforded under the “Miranda” warning. Any questioning or interviewing of an employee will be conducted at hours during the employee’s shift, or immediately before or after the employee’s working hours. Such sessions shall be for a reasonable period of time. Interview sessions shall be for reasonable periods of time, and time shall be allowed during such questioning for rest periods and attendance to other physical necessities. Recordings may be made, upon mutual agreement of the parties, of any/all proceedings under this article. Prior to any recording, all parties shall have knowledge of such recordings, and a copy must be provided to each party upon request. In internal investigations, polygraph examinations will not be used. When any anonymous complaint is made against an employee and there is no corroborative evidence of any kind, the complaint shall be classified as unfounded. An accused employee shall be notified in writing within a reasonable period of time, not to exceed thirty (30) calendar days, after the College has been notified of a non- criminal complaint or the commencement of any non-criminal internal administrative investigation that may result in discipline against the employee. The employee shall be informed, in writing, of the status of the investigation not later than thirty

Internal Administrative Investigation. It is recognized that as a condition of employment, it is the duty of employees to cooperate with internal administrative investigations. In many instances an inquiry may be initiated without an individual employee as the target of the investigation. During the investigation when the College believes that disciplinary action will result or may result in relation to an individual employee, that employee will be notified prior to any further questioning. At any stage of the investigation, if the employee involved believes that he/she is the subject of the investigation and that the investigation could lead to or could reasonably lead to discipline, then the employee has the right to ask for Lodge representation during the questioning. The bargaining unit employee shall be allowed reasonable time of not less than twenty- twenty-four (24) hours to contact a Lodge Representative and/or attorney prior to any interview, and to have the Lodge Representative and/or attorney present during all interview sessions. A member or a Lodge Representative may make a request for an extension and it shall not be unreasonably denied. Bargaining unit employees shall be informed by the Chief of Police/Designee of the nature of the investigation prior to questioning. An employee suspected of having committed a criminal offense shall be assured the same rights as any other citizen regarding police inquiry. If the investigation is criminal in nature, the employee shall be given a “Miranda” warning and shall be afforded all rights thereunder. If the investigation is administrative in nature, the employee shall be given the “Xxxxxxx” warning and shall be afforded all rights thereunder. Before an employee may be charged with insubordination or like offense for refusing to answer questions or participate in any investigation, the employee shall be advised that such conduct, if continued, may be made the basis for such a charge; ;, except that an employee who refused to answer questions or participate in a criminal investigation shall not be charged with insubordination or like offense where such refusal is premised on the exercise of the rights and advice afforded under the “Miranda” warning. Any questioning or interviewing of an employee will be conducted at hours during the employee’s shift, or immediately before or after the employee’s working hours. Such sessions shall be for a reasonable period of time. Interview sessions shall be for reasonable periods of time, and time shall be allowed during such questioning for rest periods and attendance to other physical necessities. Recordings may be made, upon mutual agreement of the parties, of any/all proceedings under this article. Prior to any recording, all parties shall have knowledge of such recordings, and a copy must be provided to each party upon request. In internal investigations, polygraph examinations will not be used. When any anonymous complaint is made against an employee and there is no corroborative evidence of any kind, the complaint shall be classified as unfounded. An accused employee shall be notified in writing within a reasonable period of time, not to exceed thirty (30) calendar days, after the College has been notified of a non- non-criminal complaint or the commencement of any non-criminal internal administrative investigation that may result in discipline against the employee. The employee shall be informed, in writing, of the status of the investigation not later than thirtythirty (30) calendar days after the employee has received notice of the complaint and/or investigation. If after thirty (30) calendar days the investigation is not concluded, the employee shall be notified of the status of the investigation and thereafter at intervals of not more than thirty (30) calendar days. Any employee who has been under internal administrative investigation shall be informed in writing of the outcome and disposition (a finding of whether the accusations were either unfounded, sustained or not sustained) of the investigation within fourteen (14) calendar days of the completion of the investigation. In cases where the matter proceeds to a pre-disciplinary meeting, such notice will occur following the pre-disciplinary meeting. If the Lodge agrees to permit/waive the right to representation to another representative chosen by the employee, that representative shall be bound by the process negotiated herein. If circumstances warrant, the accused employee may be placed on administrative leave with pay where it is necessary to carry out an effective investigation. If, during the course of investigation, the College has cause to believe the employee has engaged in an egregious offenses (i.e., theft, workplace violence, harassment) that could result in a suspension or termination, a maximum of five (5) days may be designated as administrative leave without pay. Prior to placing/designating the employee on administrative leave without pay, the employee shall be entitled to a meeting with the Chief of Police/Designee. The employee is entitled to notice of the meeting, a copy of all evidence in the possession of the College at that time, unless prohibited by law, and a reasonable opportunity to be heard, prior to being placed on administrative leave without pay. The employee shall also be afforded the right to have a Lodge Representative present at the hearing. On the day the employee receives notice of administrative leave, they will be paid for their entire shift that particular day. The employee may choose to utilize accrued leave, other than sick leave, during the period of administrative leave without pay. The Lodge representative will also be notified of the egregious nature of the offense. If the College is unable to complete the investigation in five (5) days, then the employee may be returned to paid administrative leave. If the employee does not receive a disciplinary suspension or receives a suspension that is less than the time of the administrative leave without pay, then the time served without pay during the investigation will be given back to the accused employee.