Common use of Interrogations Clause in Contracts

Interrogations. A. The interrogation of an officer, other than the initial fact-finding inquiry, shall be scheduled at a reasonable time, preferably while the officer is on duty, or if feasible, during daylight hours. (1) Anytime that an officer is requested to respond to a non-criminal inquiry, any facts the officer furnishes as a result of being compelled to respond to an official department inquiry shall not be used against the officer in whole, in part, or in total, as evidence supporting a complaint. (2) No officer will be required to participate in an Administrative Interview to answer any allegation of misconduct unless it is supported by a complaint. (3) Nothing in section 2 of this Article shall prohibit the Union from enforcing the rights afforded to it under Article 8 of this agreement. B. The interrogation, depending upon the allegation, will normally take place at a Department facility, or other convenient appropriate location. Any information obtained from the administrative interview will not be used in any criminal proceeding against an officer. C. Prior to the interrogation, and not less than twenty-four (24) hours when practicable, the officer who will be interrogated will be informed in writing of: (1) the identity of the officer conducting the interrogation; (2) the identity of all persons present during the interrogation; (3) the nature of the complaint and pertinent facts alleged; (4) the names of the complainants known at the time of the interrogation; (5) his statutory administrative proceedings rights if the allegation under investigation indicates that a recommendation for a discharge, demotion, or a suspension, in excess of summary punishment is probable against that officer. D. The length of the interrogation will be reasonable, with interruptions permitted for personal necessities, meals, telephone calls and rest. E. The officer who is interrogated will be provided, without unnecessary delay, with a copy of any written statements or recordings he has made. If the Department makes a written transcript of any recording, a copy will also be provided to the officer without unnecessary delay. F. The officer under interrogation shall have the right to either private counsel present during the interrogation or to have a Union representative and or a Union attorney present during the interrogation. The Union representative shall not be involved in the incident and must be authorized to act on behalf of the Union. The right to such representation shall not unreasonably delay the interrogation. G. No anonymous complaint shall be the sole basis for taking disciplinary action against an officer. H. Disciplinary action shall be taken, or the result of the investigation shall be disclosed in writing to the officer as soon as practical following the completion of the investigation. The investigation shall be completed and final Departmental action taken or filed with the Merit Board within 180 days of the Department’s receipt of a properly completed Complaint Against Department Member form (ISP 3-23) unless the Director reasonably grants an exception to the 180 day limit. I. A written complaint from a person outside the Department must be supported by personal knowledge of the facts in the complaint. J. A written complaint by a Department member must be supported by personal knowledge of the facts in the complaint. K. For complaints involving on-duty conduct where the employee signing the complaint did not personally witness the facts of the complaint, a Complaint Against Department Member form (ISP 3-23) must be signed by a Master Sergeant’s supervisor. A Master ▇▇▇▇▇▇▇▇’s supervisor may make an initial fact finding inquiry to determine if a complaint is necessary. When possible, a Master Sergeant will not conduct an initial fact finding inquiry or investigation involving another Master Sergeant. This will not apply to Master Sergeants assigned to the Division of Internal Investigation. This initial fact finding inquiry will be completed, and, if necessary, the appropriate complaint filed, within 30 days of the initial complaint involving the on-duty conduct. No internal investigation will be conducted nor will the Division of Internal Investigation be involved until after a complaint is filed. This does not preclude the work unit from consulting with the Division of Internal Investigation. For Complaints involving off-duty conduct, a Complaint Against Department Member form (ISP 3-23) must be signed and supported by a person who personally witnessed the facts of the complaint. In cases involving police contact, “personally witnessed” includes reviewing police case files and speaking with police officers investigating the incident. In the case of a minor, a legal guardian or parent may sign the complaint. The Master Sergeant is considered to be on-duty once they identify themselves as an officer or take police action. L. An allegation of criminal conduct may be investigated whether or not supported by a complaint, in which case the 180 days will commence upon the filing of the file initiation sheet. M. For the purposes of this section, notice to an EEO officer shall not constitute notice to the Department. Additionally, notice to a peer support advisor of policy violations, other than violations of law, shall not constitute notice to the Department. The Director may in his sole discretion make exceptions to the one hundred eighty (180) day limit, but extensions should be granted only in those cases in which extenuating circumstances exist. Upon the Director’s extension, the officer who is the subject of the investigation shall receive notice of the extension except when the Department determines that such notice could jeopardize the investigation. N. The Department shall not charge a Master Sergeant with any rule of conduct violation related to untruthfulness, unless it has determined that (1) the Master Sergeant willfully made a false statement and (2) the false statement was made about a fact that was material to the incident under investigation. O. A Master Sergeant will not be charged with making a willfully false or incomplete statement based on inconsistencies between the Master Sergeant’s statement and any recordings of the Master Sergeant’s statements, actions, or interactions during the incident under investigation, unless the Department determines that circumstances are such that the untruthfulness or incompleteness is not reasonably attributable to an innocent failure of memory or difference of perception.

Interrogations. A. The interrogation of an officer, other than the initial fact-finding inquiry, officer shall be scheduled at a reasonable time, preferably while the officer is on duty, or if feasible, during daylight hours. (1) Anytime that an officer is requested to respond to a non-criminal inquiry, any facts the officer furnishes as a result of being compelled to respond to an official department inquiry Department inquiry, excluding the initial fact finding memorandum, shall not be used against the officer in whole, in part, or in total, as evidence supporting a complaintcomplaint without independent corroborationof the facts contained therein. This shall not apply to intentional misrepresentation or omission of the facts, or admissions of criminal conduct. In the event that the Department is relying on independent corroborative evidence, the type of corroborative evidence must be identified on the Complaint against Department Member form (ISP 3-23). Furthermore, the document (ISP3-23) must be signed by a Department employee who is accountable to the Rules of Conduct. The types of evidence the Department must review and may rely upon will be dependent upon the type of case, but may include arrest and case reports, medical records, statement of witnesses and complainants, video and audio tapes, and photographs. The list is illustrative only and is not to be considered exclusive or exhaustive. (2) No officer will be required to participate in an Administrative Interview to answer any allegation of misconduct unless it is supported by complaint, except as specified in sub-section I, J,or K, of this section, or a complaintproperly prepared form ISP 3-23 as described in sub-section 1. (3) Nothing in section 2 of this Article shall prohibit the Union Lodge from enforcing the rights afforded to it under Article 8 of this agreement. B. The interrogation, depending upon the allegation, will normally take place at a Department facility, or other convenient appropriate location. Any information obtained from the administrative interview will not be used in any criminal proceeding against an officer. C. Prior to the interrogation, and not less than twenty-four (24) hours when practicable, the officer who will be interrogated will be informed in writing of: (1) the identity of the officer conducting the interrogation; (2) the identity of all persons present during the interrogation; (3) the nature of the complaint and pertinent facts alleged; (4) the names of the complainants known at the time of the interrogation; (5) his statutory administrative proceedings rights if the allegation under investigation indicates that a recommendation for a discharge, demotion, or a suspension, in excess of summary punishment is probable against that officer. D. The length of the interrogation will be reasonable, with interruptions permitted for personal necessities, meals, telephone calls and rest. E. The officer who is interrogated will be provided, without unnecessary delay, with a copy of any written statements or recordings he has made. If the Department makes a written transcript of any recording, a copy acopy will also be provided to the officer without unnecessary delay. F. The officer under interrogation shall have the right to either private counsel present during at the interrogation or to have a Union representative and or a Union attorney member of the Lodge present during the duringthe interrogation. The Union Lodge representative shall not be involved in the incident and must be authorized to act on behalf of the UnionLodge. The right Prior to such representation shall scheduling a DII administrative interview, the Department will contact the Command Council and the parties will schedule interviews on the established dates. If the parties are not unreasonably delay available on the interrogationestablished dates, the administrative interview will be scheduled as soon as reasonably possible, subject to the parties’ availability. G. No anonymous complaint shall be the sole basis for taking disciplinary action against an officer. H. Disciplinary action shall be taken, or the result of the investigation shall be disclosed in writing to the officer as soon as practical following the completion of the investigation. The investigation shall be completed and final Departmental action taken or filed with the Merit Board within 180 days of the Department’s receipt of a properly completed Complaint Against Department Member form (ISP 3-23) unless complaint which meets one of the Director reasonably grants an exception to the 180 day limit.following requirements: I. A written complaint from a person outside the Department must be supported by personal knowledge of the facts in the complaintDepartment. J. A written complaint filed and signed by a Department member must be supported by personal knowledge of the facts in the complaintmember. K. For complaints involving on-duty conduct where the employee signing the complaint did not personally witness the facts of the complaint, a A Complaint Against Department Member form (form ISP 3-23) must be signed by a Master Sergeant’s supervisor. A Master ▇▇▇▇▇▇▇▇’s supervisor may make an initial fact finding inquiry to determine if sworn command officer in which the Department is relying on independent corroborative evidence in lieu of a complaint is necessary. When possiblefrom a citizen, a Master Sergeant will not conduct an initial fact finding inquiry or investigation involving another Master Sergeant. This will not apply to Master Sergeants assigned to in which case the Division type of Internal Investigation. This initial fact finding inquiry will be completed, and, if necessary, the appropriate complaint filed, within 30 days of the initial complaint involving the on-duty conduct. No internal investigation will be conducted nor will the Division of Internal Investigation be involved until after a complaint is filed. This does not preclude the work unit from consulting with the Division of Internal Investigation. For Complaints involving off-duty conduct, a Complaint Against Department Member form (ISP 3-23) independent corroborative evidence must be signed and supported by a person who personally witnessed the facts of the complaintidentified. In cases involving police contact, “personally witnessed” includes reviewing police case files and speaking with police officers investigating the incident. In the case of a minor, a legal guardian or parent may sign the complaint. The Master Sergeant is considered to be on-duty once they identify themselves as an officer or take police action. L. An allegation of criminal conduct may be investigated whether or not supported by a complaint, in which case the 180 days will commence upon the filing of the file initiation sheet. M. . For the purposes of this section, notice to an EEO officer shall not constitute notice to the Department. Additionally, notice to a peer support advisor of policy violations, other than violations of law, shall not constitute notice to the Department. The Director may in his sole discretion make exceptions to the one hundred eighty (180) day limit, but extensions should be granted only in those cases in which extenuating circumstances exist. Upon the Director’s extension, the officer who is the subject of the investigation shall receive notice of the extension except when the Department determines that such notice could jeopardize the investigation. N. The Department shall not charge a Master Sergeant with any rule of conduct violation related to untruthfulness, unless it has determined that (1) the Master Sergeant willfully made a false statement and (2) the false statement was made about a fact that was material to the incident under investigation. O. A Master Sergeant will not be charged with making a willfully false or incomplete statement based on inconsistencies between the Master Sergeant’s statement and any recordings of the Master Sergeant’s statements, actions, or interactions during the incident under investigation, unless the Department determines that circumstances are such that the untruthfulness or incompleteness is not reasonably attributable to an innocent failure of memory or difference of perception.