Internal Investigations Clause Samples
The Internal Investigations clause establishes the right and procedures for an organization to conduct inquiries into potential misconduct, policy violations, or other internal issues. Typically, this clause outlines the scope of investigations, the parties involved, and the obligations of employees or contractors to cooperate, such as providing information or access to relevant documents. Its core function is to ensure the organization can effectively address and resolve internal problems, thereby maintaining compliance, accountability, and a safe working environment.
Internal Investigations. ▇. ▇▇▇▇▇ to be being questioned as a suspect in any investigation that may lead to criminal charges against him, an employee shall be advised of his constitutional rights in accordance with the applicable law.
B. An employee shall be informed of the nature of the investigation prior to questioning. If the Sheriff, or his designee, has reasonable cause to believe that an investigation concerning an employee may result in suspension, reduction, or removal, the employee will be notified, prior to commencement of questioning, that such result is possible.
C. No employee will be charged with insubordination for failure to answer questions or for failure to participate in an investigation unless he has first been advised that such conduct, if continued, may be the basis for such a charge. In regards to interviews where suspension, reduction, or removal may result, the employee, if he so desires, shall be given a reasonable opportunity to consult with an appropriate Union representative and/or OPBA attorney prior to the interview. Once the interview begins, the employee will not be permitted to consult with the union representative and/or OPBA attorney before answering a question.
D. Any questioning of an employee relative to suspected non-criminal conduct will be conducted at hours reasonably related to his shift, preferably during his working hours. Such questioning shall be for reasonable intervals of time, and time shall be allowed during such questioning for rest periods and attendance to other physical necessities.
E. The Sheriff, or his designee, may elect to tape record any questioning of an employee in conjunction with an investigation; however, the employee shall first be advised before such tape recording commences and, upon request, a copy of the recording shall be provided to the union. Likewise, an employee who is being questioned shall have the right to tape record the session after first advising the Sheriff, or his designee, of his election to make such tape recording at the employee’s own expense and upon request a copy of the recording shall be provided to the Sheriff. If the Sheriff’s recording of the session is reduced to writing, the employee, or his authorized representative, shall be given a copy of said written record.
F. If, after investigation, no corroborative evidence is found to substantiate an anonymous complaint, the complaint shall be classified as unfounded.
G. An employee, who is charged with non-criminal violation of Office Rul...
Internal Investigations. (A) The parties recognize that Florida Highway Patrol personnel occupy a special place in American society. Therefore, it is understood that the state has the right to expect that a professional standard of conduct be adhered to by all Florida Highway Patrol personnel regardless of rank or assignment. Since internal investigations may be undertaken to inquire into complaints of Florida Highway Patrol misconduct, the state reserves the right to conduct such investigations to uncover the facts in each case, but expressly agrees to carefully guard and protect the rights and dignity of accused personnel. In the course of an internal investigation, the investigative methods employed will be consistent with the law (including but not limited to section 112.532, F.S.) and this agreement; nothing in this agreement, however, shall be deemed to diminish the rights of employees under applicable law.
(B) When an allegation is made against an employee, the state will make every reasonable effort to ensure that the allegation and any related statements are reduced to writing, under oath, and signed. The written allegation shall be known as a complaint.
(C) When an employee is to be questioned or interviewed concerning a complaint or allegation, the employee will be informed prior to the interview of the nature of the investigation and whether he is the subject of the investigation or a witness in an investigation. Employees shall be informed of the right to have a union representative in attendance at the interview and where requested, an employee shall be given 48 hours to contact, consult with, and secure the attendance of a representative at the interview. If he is the subject of the investigation, the employee and his representative will also be informed of each complaint or allegation against him and they shall be permitted to review all written statements and recordings made by the complainant and witnesses at least two hours prior to the commencement of the interview in accordance with section 112, F.S. In the event the written statement or recordings are such that additional review time is warranted, the employee may request, and be granted, additional time unless the request is made for the purposes of delay. Pursuant to section 112.533, F.S., the employee who is the subject of the investigation shall not disclose the contents to anyone other than his representative or attorney until the investigation is complete.
(D) Interviews and questioning of employees sha...
Internal Investigations. A. Employees shall be notified in writing at the beginning of a formal internal investigation unless such notification would jeopardize such investigation.
B. Employees will be paid for the time during which they are being interviewed. The interviews will be held at the Police Division, or at a location designated by the Chief of Police. An employee will be permitted to have a Labor Council representative and/or legal counsel present during an interview, should the employee feel such interview could lead to discipline.
C. The employee shall be informed of the nature of the investigation prior to questioning and shall be informed to the extent known at that time, whether the investigation is focused on the member for potential disciplinary charges.
D. The Chief of Police shall be updated in writing every forty-five (45) days an investigation is still open. The Chief shall report the status of such investigations to the Labor Council within three (3) days.
E. When the City orders an employee to provide information in an investigation, such information may not be used in any criminal proceedings against the employee. Such information may be used by the City in taking action and in defending such action with respect to discharge or discipline of the employee. Before an employee may be charged for refusal to answer questions or participate in an investigation, the employee shall be advised that refusal to answer such questions or participate in such investigation may be the basis of such a charge, in itself.
F. An employee may be required, at City expense, to undergo alcohol and/or substance abuse testing in accordance with Article 14 of this Agreement, and/or a fitness for duty evaluation, which may include both physical and mental fitness.
G. The accused employee being interviewed shall not be subject to offensive language or threatened with transfer, dismissal or disciplinary action. No promise or reward shall be made as an inducement to answer any questions.
H. An employee may be given a polygraph examination or a voice stress examination if the Chief has reason to believe the employee is a witness to an incident or occurrence being investigated; at the employee’s written request directly to the Chief; or if the employee is a focus of an investigation specifically related to the performance of the employee’s official duties. An employee shall not be disciplined based solely on the results of such examination.
I. An employee, who has been under investigation...
Internal Investigations. The parties recognize that law enforcement personnel occupy a unique position in our community and, therefore, expect its law enforcement personnel to adhere to a standard of conduct which contributes to the safety and welfare of students and employees and harmonious community relations. Accordingly, when a complaint about an employee is received and further administrative action is warranted, the following procedures will be implemented:
A. Since internal investigations may be undertaken to inquire into complaints of law enforcement misconduct, the Department reserves the right to conduct reasonable investigations designed to uncover the facts in each case, but expressly agrees to carefully guard and protect the rights and dignity of accused personnel. In the course of internal investigation, law enforcement personnel will be treated as professionals. The investigative methods employed will be reasonable and consistent with the law and ethics. The Department will make every reasonable effort to obtain complainants′ statements under oath. Said complaints shall be taken and sworn to on a standard form.
B. The findings of all Miami-Dade Schools Police Department Internal Affairs investigations shall be termed as:
1. Not Sustained; in that there is insufficient evidence to sustain the complaint.
2. Exonerated; in that the incident occurred, but employee’s actions were justified, lawful and proper.
3. Unfounded; in that the complainant admits to false allegations; the charges were false or not factual or the employee was not involved in the incident.
Internal Investigations. Bargaining unit members required to respond to questions during internal investigations shall, when applicable, be informed of their constitutional rights and responsibilities. Before a bargaining unit member 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 the basis for such a charge. All members shall be obligated to cooperate in any investigation conducted. At any time, a formal investigation concerning a bargaining unit member occurs wherein disciplinary action of record (reprimand of record, suspension, reduction, or removal) will or may result, the member will be notified when he is first questioned, that such result is possible. When a bargaining unit member suspected of a violation is being interviewed, such interview shall be recorded at the request of either party by the requesting party. If recordings are made the other party shall be provided a copy. Nothing herein shall be construed as restricting members of the bargaining unit from reporting violations of Departmental rules or policy committed by other members of the bargaining unit. All employees of the bargaining unit shall be responsible for reporting violations of Department rules and regulations, statutes, and appropriate standards of conduct. If any of the procedures of this Article are violated, such violations shall be subject to the grievance procedure.
Internal Investigations. A. The employee shall be informed of the nature of the investigation prior to questioning and shall be informed to the extent known at that time, whether the investigation is focused on the member for potential disciplinary charges.
B. Before an employee may be charged with any violation of the Division's Rules and Regulations for a refusal to answer questions or participate in an investigation, the employee shall be advised that refusal to answer such questions or participate in such investigation may be the basis of such a charge, in itself. During interviews where an action of record may occur, if an employee desires, the employee shall be given a reasonable opportunity to consult with an appropriate Union representative and/or attorney before being required to answer questions.
C. When the City orders an employee to provide information in an investigation, such information may not be used in any criminal proceedings against the employee. Such information may be used by the City in taking action and in defending such action with respect to discipline or discharge of the employee.
D. All interrogations and/or interviews of members conducted in conjunction with an investigation shall be audio or video tape recorded by the City at the request of either party. If the employee's statement is reduced to writing, the employee or representative authorized by the employee shall be given a copy of said statement.
E. When any anonymous or frivolous complaint is made against an employee and if after an investigation there is no corroborative evidence of any kind, then the complaint shall be classified as unfounded.
F. Any interrogation, questioning, or interviewing of an employee will be conducted at hours reasonably related to the employees shift, preferably during working hours. Such 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.
G. In the interest of fair and expeditious corrective action, an employee who has allegedly committed a violation of a minor nature relating to the employee's performance may be interviewed by an immediate supervisor prior to orally correcting and counseling said employee.
Internal Investigations. The Employer shall give employees notice of the status of internal investigations when completed and the disposition thereof within fourteen (14) days of the disposition. If an internal investigation is not sustained, within fourteen (14) days of the determination of not sustained the Employer shall notify the officer in writing that the investigation was not sustained.
Internal Investigations. A. The parties recognize that law enforcement personnel occupy a special place in American society. Therefore, it is understood that the University has the right to expect that a professional standard of conduct be adhered to by all law enforcement personnel regardless of rank or assignment. Since internal investigations may be undertaken to inquire into complaints of misconduct, the University reserves the right to conduct such investigations to uncover the facts in each case, but expressly agrees to carefully guard and protect the rights and dignity of accused employees. In the course of any internal investigation, the investigative methods, and processes used will be consistent with thelaw.
B. When a complaint of misconduct is made against an employee, the University will make every effort to ensure that the complaint, if verbal, and any statements regarding the complaint are reduced to writing, signed, and under oath. If the complaint is criminal in nature, the complaint and any statement received should also be under oath.
C. For the purpose of this Section, "Interrogation" refers to a disciplinary investigation meeting in response to a complaint in which the information to be obtained from an employee by management at that meeting will be the basis for a decision as to whether to suspend or dismiss the employee. It does not include counseling sessions, meetings at which the employee is solely being advised of intended disciplinary action and offered an opportunity to explain why he/she should not be disciplined, or inquiries which may result in oral or written reprimands. If during the inquiry, it is concluded that more serious discipline is warranted, the inquiry will cease and the matter will proceed in accordance with internal investigation procedures.The employee has the right, upon request, to PBA representation at any such meeting.
D. When an employee is provided a written set of questions to which to respond or is interrogated concerning a complaint, the employee will be informed prior to such written questions being provided or prior to interrogation of the nature of the investigation and whether the employee is the subject of the investigation or a witness in an investigation. Where requested, an employee shall be given up to twenty‐four (24) hours to respond to such written questions or to contact, consult with, or secure the attendance of a representative at the interrogation. If the employee is the subject of the investigation, the employ...
Internal Investigations. (A) The parties recognize that law enforcement personnel occupy a special place in American society. Therefore, it is understood that the state has the right to expect that a professional standard of conduct be adhered to by all law enforcement personnel regardless of rank or assignment. Since internal investigations may be undertaken to inquire into complaints of law enforcement misconduct, the state reserves the right to conduct such investigations to uncover the facts in each case, but expressly agrees to carefully guard and protect the rights and dignity of accused personnel. In the course of an internal investigation, the investigative methods employed will be consistent with the law (including but not limited to section 112.532, Florida Statutes) and this agreement; nothing in this agreement, however, shall be deemed to diminish the rights of employees under applicable law.
(B) When an allegation is made against an employee, the state will make every reasonable effort to ensure that the allegation and any related statements are reduced to writing, under oath, and signed. The written allegation shall be known as a complaint.
Internal Investigations. Disciplinary action is defined as any action which may lead to dismissal, demotion, suspension, fine in-lieu of suspension, reduction in salary, written reprimand or transfer for the purposes of punishment. An oral reprimand is not within the meaning of disciplinary action.