Common use of INTERNAL INVESTIGATION PROCEDURES Clause in Contracts

INTERNAL INVESTIGATION PROCEDURES. A Bargaining Unit member who is to be questioned as a suspect in any investigation which may result in his/her being charged under the criminal statutes of this or any other state or of the United States, shall be advised of his/her constitutional rights according to law. The members shall have the right to legal counsel and upon such a request, all questioning shall cease. It shall be the duty of any employee who is the subject of any internal affairs investigation to cooperate fully with the Internal Affairs Unit. Any employee who is contacted regarding any internal affairs investigation, whether or not he/she is the subject of the investigation, shall cooperate fully with the Internal Affairs Unit. All employees requested to give any statement shall, when requested by an Internal Affairs Investigator, give a statement of facts concerning the incident being investigated. The request for the statement should be timed so that a complete rational answer can be given. This statement shall be either in inner- office form or a formal statement, at the discretion of the Internal Affairs Investigator. The County cannot in the course of an investigation obtain evidence through the use of administrative pressure, threats, coercion, or promise. The County may require an employee to give a blood sample, urine sample, or breath sample to be used in an internal investigation process. The County may ask that the employee voluntarily submit to a polygraph examination to be used in the course of an internal investigation. Some of these situations may lead to disciplinary action at which time the employee will be offered the normal time sequence and the availability of witnesses of his own choosing. If the investigation reveals criminal activity and the employee has not waived his/her constitutional rights, the employee may be represented by counsel, either in the form of an attorney, an O.P.B.A. representative, or a witness of his/her own choice. All investigations of an internal nature shall be instituted at the discretion and under the specific orders of the Sheriff with the investigation under the direct supervision of the Administrative Aide or other designated Hearing Officer. When a single anonymous complaint is made against a member of the Bargaining Unit and there is no corroborative evidence of any kind, the Bargaining Unit member accused shall not be required to submit to interrogation or make a report. If the complaint is found to be invalid or progress is not possible due to the lack of evidence, then the complaint shall be deemed unfounded and all records or entries placed in an investigation file. The parties herein agree that there shall be no press release by the County or the O.P.B.A. regarding the employee under investigation, the nature of the investigation, or the progress of the investigation, until the investigation is completed and the employee is either cleared or charged. Any criminal penalties administered shall not be subject to the grievance procedure. All other discipline imposed in accordance with this Agreement shall be administered through the disciplinary process.

INTERNAL INVESTIGATION PROCEDURES. A Bargaining Unit member who is to be questioned as a suspect in any investigation which may result in his/her being charged under the criminal statutes of this or any other state or of the United States, shall be advised of his/her constitutional rights according to law. The members shall have the right to legal counsel and upon such a request, all questioning shall cease. It shall be the duty of any employee officer who is the subject of any internal affairs investigation to cooperate fully with the Internal Affairs Unit. Any employee officer who is contacted regarding any internal affairs investigation, whether or not he/she is the subject of the investigation, shall cooperate fully with the Internal Affairs Unit. All employees officers requested to give any statement shall, when requested by an Internal Affairs Investigator, give a statement of facts concerning the incident being investigated. The request for the statement should be timed so that a complete rational answer can be given. This statement shall be either in inner- office form or a formal statement, at the discretion of the Internal Affairs Investigator. The County cannot in the course of an investigation obtain evidence through the use of administrative pressure, threats, coercion, or promise. The County may require an employee to give a blood sample, urine sample, or breath sample to be used in an internal investigation process. The County may ask that the employee voluntarily submit to a polygraph examination to be used in the course of an internal investigation. Some of these situations may lead to disciplinary action at which time the employee will be offered the normal time sequence and the availability of witnesses of his own choosing. If the investigation reveals criminal activity and the employee officer has not waived his/her constitutional rights, the employee officer may be represented by counsel, either in the form of an attorney, an O.P.B.A. OPBA representative, or a witness of his/her own choice. All investigations of an internal nature shall be instituted at the discretion and under the specific orders of the Sheriff with the investigation under the direct supervision of the Administrative Aide or other designated Hearing Officer. When a single anonymous complaint is made against a member of the Bargaining Unit and there is no corroborative evidence of any kind, the Bargaining Unit member accused shall not be required to submit to interrogation or make a report. If the complaint is found to be invalid or progress is not possible due to the lack of evidence, then the complaint shall be deemed unfounded and all records or entries placed in an investigation file. The parties herein agree that there shall be no press release by the County or the O.P.B.A. OPBA regarding the employee under investigation, the nature of the investigation, or the progress of the investigation, until the investigation is completed and the employee is either cleared or charged. Any criminal penalties administered shall not be subject to the grievance procedure. All other discipline imposed in accordance with this Agreement shall be administered through the disciplinary processprocess and shall not be subject to the grievance procedure.

INTERNAL INVESTIGATION PROCEDURES. A Bargaining Unit member who is to be questioned as a suspect in any investigation which may result in his/her being charged under the criminal statutes of this or any other state or of the United States, shall be advised of his/her constitutional rights according to law. The members shall have the right to legal counsel and upon such a request, all questioning shall cease. It shall be the duty of any employee officer who is the subject of any internal affairs investigation to cooperate fully with the Internal Affairs Unit. Any employee officer who is contacted regarding any internal affairs investigation, whether or not he/she is the subject of the investigation, shall cooperate fully with the Internal Affairs Unit. All employees officers requested to give any statement shall, when requested by an Internal Affairs Investigator, give a statement of facts concerning the incident being investigated. The request for the statement should be timed so that a complete rational answer can be given. This statement shall be either in inner- inner-office form or a formal statement, at the discretion of the Internal Affairs Investigator. The County cannot in the course of an investigation obtain evidence through the use of administrative pressure, threats, coercion, or promise. The County may require an employee to give a blood sample, urine sample, or breath sample to be used in an internal investigation process. The County may ask that the employee voluntarily submit to a polygraph examination to be used in the course of an internal investigation. Some of these situations may lead to disciplinary action at which time the employee will be offered the normal time sequence and the availability of witnesses of his own choosing. If the investigation reveals criminal activity and the employee officer has not waived his/her constitutional rights, the employee officer may be represented by counsel, either in the form of an attorney, an O.P.B.A. a Lake County Sheriff Employee Association representative, or a witness of his/her own choice. All investigations of an internal nature shall be instituted at the discretion and under the specific orders of the Sheriff with the investigation under the direct supervision of the Administrative Aide or other designated Hearing Officer. When a single anonymous complaint is made against a member of the Bargaining Unit and there is no corroborative evidence of any kind, the Bargaining Unit member accused shall not be required to submit to interrogation or make a report. If the complaint is found to be invalid or progress is not possible due to the lack of evidence, then the complaint shall be deemed unfounded and all records or entries placed in an investigation file. The parties herein agree that there shall be no press release by the County or the O.P.B.A. Lake County Sheriff Employee Association regarding the employee under investigation, the nature of the investigation, or the progress of the investigation, until the investigation is completed and the employee is either cleared or charged. Any criminal penalties administered shall not be subject to the grievance procedure. All other discipline imposed in accordance with this Agreement shall be administered through the disciplinary processprocess and shall not be subject to the grievance procedure.