Common use of Interview Procedures Clause in Contracts

Interview Procedures. a) In all cases wherein the employee is interviewed, the person responsible for the interview shall: 1. Inform the employee that he/she has a right to be represented by counsel or any representative during the interview. 2. An employee under investigation may, upon request, receive a copy of the following prior to the officer's interrogations: (a) any citizen complaint and/or department complaint which forms the basis for the internal affairs investigation; (b) any statements prepared by the subject employee (such as written reports to superior officers) or summaries or MAV video/audio recordings or verbatim transcriptions of any statements of the subject employee prepared by another person which the subject officer knowingly gave and which relates to the matter under investigation, such as pre-investigation interviews. 3. Conduct the interview at a reasonable time and date to allow for the employee procurement of representation. 4. Identify to the employee all persons present or participating in the interview. 5. Conduct the interview for a reasonable length of time. 6. Not expose the employee to offensive language, threats of transfer, disciplinary action, or loss of employment. 7. Cause a recorded record to be made of the interview, which shall be available to the employee on request. b) In the event the employee is being investigated for a criminal offense, prior to the interview, the employee shall be advised of his/her rights per Department Admonition policy for criminal offenses. If it is not determined that a criminal offense might exist until after the interview has commenced, then the interview shall cease while the employee is admonished. c) Employees, when ordered by a superior, must answer questions directly and narrowly related to the allegations under investigation. 1. Unless mandated by a court order, these statements will not be used, and are not admissible, in a criminal trial.

Interview Procedures. a) In all cases wherein the employee is interviewed, the person responsible for the interview shall: 1. ) Inform the employee that he/she has a right to be represented by counsel or any representative during the interview. 2. ) An employee under investigation may, upon request, receive a copy of the following prior to the officer's interrogations: (a) any citizen complaint and/or department complaint which forms the basis for the internal affairs investigation; (b) any statements prepared by the subject employee (such as written reports to superior officers) or summaries or MAV video/audio recordings or verbatim transcriptions of any statements of the subject employee prepared by another person which the subject officer knowingly gave and which relates to the matter under investigation, such as pre-investigation interviews. 3. ) Conduct the interview at a reasonable time and date to allow for the employee employees procurement of representation. 4. ) Identify to the employee all persons present or participating in the interview. 5. ) Conduct the interview for a reasonable length of time. 6. ) Not expose the employee to offensive language, threats of transfer, disciplinary action, or loss of employment. 7. ) Cause a recorded record to be made of the interview, which shall be available to the employee on request. b) In the event the employee is being investigated for a criminal offense, prior to the interview, the employee shall be advised of his/her rights per Department Admonition policy for criminal offenses. If it is not determined that a criminal offense might exist until after the interview has commenced, then the interview shall cease while the employee is admonished. c) Employees, when ordered by a superior, must answer questions directly and narrowly related to the allegations under investigation. 1. ) Unless mandated by a court order, these statements will not be used, and are not admissible, in a criminal trial. 2) Failure to answer questions when ordered may result in disciplinary action and/or termination. 3) If the employee is ordered to answer questions, the following statement may be read into the record: i. The Police Department of Pasadena, California, is conducting an investigation and I, ii. I have been advised that if I do not comply with the order, I may be disciplined or terminated from the department for failure to obey said order." iii. In view of possible job forfeiture, I have no alternative but to follow this order, however, by answering the questions, I do not waive my Constitutional rights to remain silent under the Fifth and Fourteenth Amendments of the United States Constitution, the protections of the California Constitution, and the protections that have been afforded me under case law."