Common use of RIGHTS OF EMPLOYEES Clause in Contracts

RIGHTS OF EMPLOYEES. Section 1. Prior to an internal interview concerning allegations of violations of administrative matters relating to the official business of the Sylvania Police Division, the Employee shall be advised as follows: (a) The Employee is required to answer all questions fully and truthfully. (b) Refusal to comply with an order is a violation of department rules which will subject the Employee to disciplinary action. (c) Any required self-incriminating information disclosed will not be used against the Employee in subsequent criminal proceedings. (d) The form that is known as the "▇▇▇▇▇▇▇ and ▇▇▇▇▇ WARNING" will be used for this purpose. Section 2. An Employee shall have the right to be represented, at his/her expense, by an attorney, union representative or supervisor who may, at the request of the Employee, be present at all times during the interview, provided such representation does not result in suspension or delay of the interview for an unreasonable period of time. (a) The Employee representative is limited to acting as an observer of the interview, except that where the interview focuses on, or leads to, evidence of potential criminal activity by the Employee. An Employee's representative may advise and confer with the Employee during the interview. Section 3. Interviews will be conducted by an officer employed by the City, of equal rank or above the Employee being interviewed, or by a member of the City Law Department. Section 4. Interviews will be conducted at a reasonable hour, preferably at a time that the Employee is on duty, and shall take place at the office of the investigator or another location of mutual convenience. Section 5. The Employee shall be informed of the name, rank, and command of the officer in charge of the investigation, who will conduct the interview, and all other persons present during the interview. There will be no more than two (2) persons conducting the interview and they will be responsible for all questions directed to the Employee. Section 6. The Employee under investigation will be given notice, in writing, of the nature of the complaint and the names of all known complainants and witnesses, and be allowed a minimum of four (4) calendar days from the receipt of the notice prior to any interview taking place, the day the notice is received being day one (1). The four (4) day period may be waived, in whole or in part, by the Employee. Section 7. Interview sessions shall be for reasonable periods and shall be timed to allow for such personal necessities and rest periods as are reasonably necessary. Section 8. Employees under investigation shall not be subject to offensive language, or threatened with transfer, dismissal, or disciplinary action during an interview. No promise or reward shall be made by an investigator as an inducement to answer any question. Section 9. A verbatim record, tape-recorded or transcribed by a court stenographer, shall be made of the complete interview and shall be made available to the Employee or his/her counsel upon request. Cost of transcription shall be borne by the party requesting same. (a) Interruptions will be noted and any relevant discussions transpiring during breaks will be summarized and verified for accuracy by the Employee. Section 10. Interviews will be limited in scope to activities, circumstances, events, conduct or acts which pertain to the complaint made. If during the course of the interview evidence of criminal activity on the part of the Employee, or its likelihood, becomes known to the investigator, the Employee shall immediately be advised of his/her constitutional rights Section 11. No public statement will be made prior to a final decision being rendered by the Chief of Police in any investigation and no public statement will be made if the Employee is innocent unless requested by the Employee. Section 12. No Employee shall be compelled to speak or testify before, or be questioned by, any non-governmental agency, or group not directly involved in the investigation. Section 13. No Employee shall be required or requested to disclose any item of his/her property, income, assets, source of income, debts, or personal or domestic expenditures, including those of any member of his/her family or household, unless such information is reasonably necessary in investigating a possible conflict of interest with respect to the performance of his/her official duties or unless such disclosure is required by law or reasonably related to the matter under investigation. Section 14. Prior to giving any statement about any use of force incident, employee(s) shall be given the opportunity to view any and all audio/video of the situation/incident/altercation that is controlled or recorded by equipment issued and operated by the employer.

RIGHTS OF EMPLOYEES. Section 1. Prior to an internal interview concerning allegations Employees of violations the Police Division included within the scope of administrative matters relating this Agreement shall be entitled to the official business following rights as they relate to non-criminal charges against an employee for violation of Police Division policies, rules and regulations. An employee being investigated for possible criminal charges shall be afforded the Sylvania same constitutional rights as are required to be provided to any other citizens. A. Any time that the Police DivisionChief, or his designee, conducts a disciplinary hearing with an employee, the Employee employee shall be advised as follows: (a) The Employee is required of his rights to answer all questions fully have a Union representative/and truthfully. (b) Refusal to comply or Union attorney present in accordance with an order is a violation of department rules which will subject the Employee to Collective Bargaining Agreement. In any disciplinary action. (c) Any required self-incriminating information disclosed will not be used against the Employee in subsequent criminal proceedings. (d) The form that is known as the "▇▇▇▇▇▇▇ and ▇▇▇▇▇ WARNING" will be used for this purpose. Section 2. An Employee hearing, each party shall have the right to question the other party's witnesses. Complaints against an employee for a violation of division policy and procedure shall be represented, at his/her expense, reduced to writing and signed by an attorney, union representative or supervisor the complainant. B. An employee who may, is to be questioned as a suspect in any investigation of any criminal charge against him shall be advised of his Constitutional Rights before any questioning starts. Any internal Police Division questioning of the employee named in the criminal complaint and any administrative charges against that employee may be delayed until after the trial stage of the criminal case at the request discretion of the Employee, police chief and shall be present at all times during delayed until after the interview, provided such representation does not result in suspension or delay trial stage of the interview for an unreasonable period of timecriminal case provided: (1) the employee involved declines to participate in the administrative investigation and (2) the employee removes himself/herself from duty without pay. (a) The Employee representative is limited C. Before an employee may be charged with any violation of Division rules and regulations for a refusal to acting as answer questions or participate in an observer of investigation, he shall be advised that his refusal to answer questions or participate in such investigation may be made the interview, except that where the interview focuses on, or leads to, evidence of potential criminal activity by the Employee. An Employee's representative may advise and confer with the Employee during the interviewbasis for such a charge. Section 3. Interviews will be conducted by an officer employed by the CityD. Any interrogation, of equal rank questioning or above the Employee being interviewed, or by a member of the City Law Department. Section 4. Interviews will interview shall be conducted at a reasonable hour, preferably at a time that while the Employee person to be interrogated or interviewed is on duty, duty and shall take place at occur in the office of the investigator or another location of mutual convenience. Section 5Chief. The Employee Such sessions shall be informed for reasonable periods of the name, rank, time and command of the officer in charge of the investigation, who will conduct the interview, time shall be allowed for rest period(s) and all for other persons present during the interviewphysical necessities. There will be no No more than two (2) persons conducting individuals at a time will interrogate, question or interview the interview and they will be responsible for all questions directed to the Employeeemployee. Section 6. E. The Employee under investigation will employee shall be given notice, in writing, informed of the nature of the complaint and the names of all known complainants and witnesses, and be allowed a minimum of four (4) calendar days from the receipt of the notice investigation prior to any interview taking placequestioning. F. When a single anonymous complaint is made against an employee and there is no corroborative evidence of any kind, the day the notice is received being day one (1). The four (4) day period may be waived, in whole or in part, by the Employee. Section 7. Interview sessions shall be for reasonable periods and shall be timed to allow for such personal necessities and rest periods as are reasonably necessary. Section 8. Employees under investigation employee accused shall not be subject required to offensive languagesubmit to interrogation or make a report. Where no complaint has been received and there is no reason to suspect a violation, or threatened with transfercity administrators, dismissal, or disciplinary action during an interview. No promise or reward command officers and/or supervisors shall be made by an investigator as an inducement to answer any questionnot initiate solicitation of complaints. Section 9G. The Employer may divulge the fact that a particular officer is under investigation, but may not release any additional information until the investigation is completed and the employee is either cleared or charged. A verbatim record, tape-recorded or transcribed by a court stenographer, shall Prompt notice must be made of the complete interview and shall be made available provided to the Employee or his/her counsel Police Bargaining Unit ▇▇▇▇▇▇▇ when, upon request. Cost of transcription shall be borne by the party requesting same. (a) Interruptions will be noted and any relevant discussions transpiring during breaks will be summarized and verified for accuracy by the Employee. Section 10. Interviews will be limited in scope to activities, circumstances, events, conduct or acts which pertain to the complaint made. If during the course of the interview evidence of criminal activity on the part of the Employee, or its likelihood, becomes known to the investigatorinquiry, the Employee shall immediately be advised of his/her constitutional rights Section 11. No public statement will be made prior to a final decision being rendered by Division divulges the Chief of Police in any investigation and no public statement will be made if the Employee fact that an officer is innocent unless requested by the Employee. Section 12. No Employee shall be compelled to speak or testify before, or be questioned by, any non-governmental agency, or group not directly involved in the investigation. Section 13. No Employee shall be required or requested to disclose any item of his/her property, income, assets, source of income, debts, or personal or domestic expenditures, including those of any member of his/her family or household, unless such information is reasonably necessary in investigating a possible conflict of interest with respect to the performance of his/her official duties or unless such disclosure is required by law or reasonably related to the matter under investigation. Section 14. Prior to giving any statement about any use H. When an employee, suspected of force incidenta violation of policies, employee(s) rules or regulations, is being interrogated, such interrogation shall be given recorded at the request of either party. The party requesting the recording shall be responsible for the cost, unless both parties desire a copy, wherein the cost shall be equally shared. In addition, the party requesting the recording shall be responsible for providing the appropriate recording equipment. I. An employee who has been charged with a violation of any Division policy, rule or regulation, shall, upon request, be provided the opportunity to view obtain copies, at current reproduction cost, of transcripts, recordings, written statements and any and all audio/video other material relating to the charges as a condition of its use at a hearing on such charge. Such requests must be made not less than two (2) business days prior to the scheduled hearing. However, the parties may waive the two (2) business days provision in extenuating circumstances. J. Any evidence obtained in the course of an internal departmental investigation through the use of administrative pressures, threats or promises made to the employee shall not be used by the City in any subsequent court action. K. In the course of an internal investigation, a polygraph examination will be administered only with the consent of the situation/incident/altercation that employee under investigation. When such a polygraph examination is controlled or recorded conducted, upon the consent of the employee under investigation, the result of such examination shall not be used by equipment issued and operated by either party for any purpose in a subsequent court action. L. When an employee is to be interviewed in an investigation of any other member of the employerPolice Division, such interview shall be conducted in accordance with the procedure established herein. M. If the rights of the employee who is under investigation as provided herein have been violated, the violation shall be subject to the grievance procedure, but commencing at the third step of such procedure.

RIGHTS OF EMPLOYEES. Section 1. Prior to an internal interview concerning allegations of violations of administrative matters relating to the official business of the Sylvania Police Division, the Employee shall be advised as follows: (a) The Employee is required to answer all questions fully and truthfully. (b) Refusal to comply with an order is a violation of department rules which will subject the Employee to disciplinary action. (c) Any required self-incriminating information disclosed will not be used against the Employee in subsequent criminal proceedings. (d) The form that is known as the "▇▇▇▇▇▇▇ and ▇▇▇▇▇ WARNING" will be used for this purpose. Section 2. An Employee shall have the right to be represented, at his/her his expense, by an attorney, union representative or supervisor who may, at the request of the Employee, be present at all times during the interview, provided such representation does not result in suspension or delay of the interview for an unreasonable period of time.present (a) The Employee representative is limited to acting as an observer of the interview, except that where the interview focuses on, or leads to, evidence of potential criminal activity by the Employee. An Employee's representative may advise and confer with the Employee during the interview. Section 3. Interviews will be conducted by an officer employed by the City, of equal rank or above the Employee being interviewed, or by a member of the City Law Department. Section 4. Interviews will be conducted at a reasonable hour, preferably at a time that the Employee is on duty, and shall take place at the office of the investigator or another location of mutual convenience. Section 5. The Employee shall be informed of the name, rank, and command of the officer in charge of the investigation, who will conduct the interview, and all other persons present during the interview. There will be no more than two (2) persons conducting the interview and they will be responsible for all questions directed to the Employee. Section 6. The Employee under investigation will be given notice, in writing, of the nature of the complaint and the names of all known complainants and witnesses, and be allowed a minimum of four (4) calendar days from the receipt of the notice prior to any interview taking place, the day the notice is received being day one (1). The four (4) day period may be waived, in whole or in part, by the Employee. Section 7. Interview sessions shall be for reasonable periods and shall be timed to allow for such personal necessities and rest periods as are reasonably necessary. Section 8. Employees under investigation shall not be subject to offensive language, or threatened with transfer, dismissal, or disciplinary action during an interview. No promise or reward shall be made by an investigator as an inducement to answer any question. Section 9. A verbatim record, tape-recorded or transcribed by a court stenographer, shall be made of the complete interview and shall be made available to the Employee or his/her his counsel upon request. Cost of transcription shall be borne by the party requesting same. (a) Interruptions will be noted and any relevant discussions transpiring during breaks will be summarized and verified for accuracy by the Employee. Section 10. Interviews will be limited in scope to activities, circumstances, events, conduct or acts which that pertain to the complaint made. If during the course of the interview evidence of criminal activity on the part of the Employee, or its likelihood, becomes known to the investigator, the Employee shall immediately be advised of his/her his constitutional rightsrights (Miranda Warning) and given the opportunity to seek legal counsel. The interview will continue only with agreement of the Employee. Section 11. No public statement will be made prior to a final decision being rendered by the Chief of Police in any investigation and no public statement will be made if the Employee is innocent unless requested by the Employee. Section 12. No Employee shall be compelled to speak or testify before, or be questioned by, any non-governmental agency, or group not directly involved in the investigation. Section 13. No Employee shall be required or requested to disclose any item of his/her his property, income, assets, source of income, debts, or personal or domestic expenditures, including those of any member of his/her his family or household, unless such information is reasonably necessary in investigating a possible conflict of interest with respect to the performance of his/her his official duties or unless such disclosure is required by law or reasonably related to the matter under investigation. Section 14. Prior to giving any statement about any use of force incident, employee(s) shall be given the opportunity to view any and all audio/video of the situation/incident/altercation that is controlled or recorded by equipment issued and operated by the employer.

RIGHTS OF EMPLOYEES. Section 15. Prior Refuse to an internal interview concerning allegations meet, negotiate, or confer on proper matters with representatives of violations the Union as set forth in this Agreement. A. Members of administrative matters relating the Department hold a unique status as public officers in that the nature oftheir office and employment involves the exercise of a portion ofthe firefighting power of the municipality. B. The security and safety of the community depends to a great extent on the manner in which firefighters perform their duty. Their employment is thus in the nature of public trust. C. The wide ranging powers and duties given to the official business Department and its members involve them in all manners of contacts and relationships with the public. Out of these contacts may come questions concerning the actions of members of the Sylvania Police Division, Department. These questions often require immediate investigation by superior officers designated by the Employee shall be advised as follows: (a) The Employee is required Fire Chief or the Mayor. In an effort to answer all questions fully and truthfully. (b) Refusal to comply with an order is ensure that these investigations are conducted 2010-2014 CBA Local 28 IAFF in a violation of department rules which will subject the Employee to disciplinary action. (c) Any required self-incriminating information disclosed will not be used against the Employee in subsequent criminal proceedings. (d) The form that is known as the "▇▇▇▇▇▇▇ which is conducive to good order and ▇▇▇▇▇ WARNING" will be used for this purpose.discipline� the following rules are hereby adopted: Section 21. An Employee shall have Unless the right to be represented, at his/her expense, by an attorney, union representative or supervisor who may, at the request exigencies of the Employeeinvestigation dictate otherwise, be present at all times during the interview, provided such representation does not result in suspension or delay interogation of the interview for an unreasonable period of time. (a) The Employee representative is limited to acting as an observer of the interview, except that where the interview focuses on, or leads to, evidence of potential criminal activity by the Employee. An Employee's representative may advise and confer with the Employee during the interview. Section 3. Interviews will be conducted by an officer employed by the City, of equal rank or above the Employee being interviewed, or by a member of the City Law Department. Section 4. Interviews will Department shall be conducted at a reasonable hour, preferably at a time that hour and when the Employee member of the Department is on duty. When, and however, the exigencies of the situation dictate that a member of the Department be interrogated when he/she is not on duty, he /she shall then be reassigned to a tour of duty covering the period of interrogation. the 2. The interrogation shall take place at a location designated by the office investigation officer. Usually it will be at Fire Headquarters, F ire Stations or at location where the incident allegedly occurd. 3. The member of the investigator or another location of mutual convenience. Section 5. The Employee Department shall be informed of the name, rank, and command of the officer in charge of the investigation, who will conduct the interview, and all other persons present during the interview. There will be no more than two (2) persons conducting the interview and they will be responsible for all questions directed to the Employee. Section 6. The Employee under investigation will be given notice, in writing, of the nature of the complaint and investigation before any interrogati comences. The addresses of complainants and/or witnesses need not be disclosed; however, sufficient information to reasonably apprise the names of all known complainants and witnesses, and be allowed a minimum of four (4) calendar days from the receipt member of the notice prior to any interview taking placeallegations should be provided. If it is known that the member of the Department is being interrogated as a witness only, he/she should be so informed at the day the notice is received being day one (1)initial contact. 4. The four (4) day period may be waived, in whole or in part, by the Employee. Section 7. Interview sessions questioning shall be for completed with reasonable periods and dispatch. Reasonable respites shall be timed to allow allowed. Time shall also be provided for such personal necessities necessities, meals, telephone calls and rest periods as are reasonably necessary. Section 85. Employees under investigation The member of the Department shall not be subject subjected to any offensive language, or nor shall he/she be threatened with transfer, dismissal, dismissal or other disciplinary action during an interview201 0-2014 CBA Local 28 IAFF punishment. No promise or promises of reward shall be made by an investigator as an inducement to answer any questionanswering questions. Section 96. A verbatim record, tape-The complete interrogation of the member of the Department shall be recorded mechanically or transcribed by a court Department stenographer, . There will be no "off-the-record" questions. All recesses called during the questioning shall be made recorded. 7. If a member of the complete interview and Department is under arrest or is likely to be, that is, if he/she is a suspect or a target of a criminal investigation, he/she shall be made available given hislher rights pursuant to the Employee or his/her counsel upon request. Cost of transcription shall be borne by the party requesting samecurrent decisions ofthe Supreme Court ofthe United States. (a) Interruptions will 8. In all cases, in the interest of maintaining the usually high morale of the Department, the Department shall afford an opportunity for a member of the Department, if he/she so requests, to consult with counsel or hislher Union representative before being questioned concerning a violation of the Rules and Regulations. Counsel and a representative of the Union may be noted and any relevant discussions transpiring present during breaks will be summarized and verified for accuracy by the Employeeinterrogation of a member of the Department. Section 10. Interviews will be limited D. Every employee shall have the right to examine hislher personnel record in scope its entirety from time to activitiestime, circumstances, events, conduct or acts which pertain to the complaint made. If during the course of the interview evidence of criminal activity on the part of the Employee, or its likelihood, becomes known to the investigator, the Employee shall immediately be advised upon giving hislher superior officer sufficient notice in advance of his/her constitutional rights Section 11desire to do so. No public statement will be made prior to a final decision being rendered by If the Chief of Police employee decides that there is material in any investigation and no public statement will be made if the Employee is innocent unless requested by the Employee. Section 12. No Employee shall be compelled to speak or testify beforerecord which has improperly been placed therein, or be questioned bywhich is of an unjustified derogatory nature, any nonhe/she may file a grievance in relation thereto as provided in Article X. E. Within forty-governmental agencyeight (48) hours, or group not directly involved in the investigation. Section 13. No Employee shall be required or requested to disclose any item of his/her property, income, assets, source of income, debts, or personal or domestic expenditures, including those of any member of his/her family or household, unless such information is reasonably necessary in investigating a possible conflict of interest with respect to the performance of his/her official duties or unless such disclosure is required by law or reasonably related to the matter under investigation. Section 14. Prior to giving any statement about any use of force incident, employee(s) copy shall be given the opportunity to view each firefighter of any and all audio/video entry added to hislher personnel file which may have an immediate or future effect of the situation/incident/altercation that is controlled a 2010-2014 CBA Loca1 28 IAFF derogatory nature upon hislher status, seniority rights, promotional possibilities or recorded by equipment issued and operated by the employerrelationships with hislher fellow ftreftghters or superiors.

RIGHTS OF EMPLOYEES. Section 1. Prior to an internal interview concerning allegations of violations of administrative matters relating to the official business of the Sylvania Police Division, the Employee shall be advised as follows: (a) The Employee is required to answer all questions fully and truthfully. (b) Refusal to comply with an order is a violation of department rules which will subject the Employee to disciplinary action. (c) Any required self-incriminating information disclosed will not be used against the Employee in subsequent criminal proceedings. (d) The form that is known as the "▇▇▇▇▇▇▇ and ▇▇▇▇▇ WARNING" will be used for this purpose. Section 2. An Employee shall have the right to be represented, at his/her expense, by an attorney, union representative or supervisor who may, at the request of the Employee, be present at all times during the interview, provided such representation does not result in suspension or delay of the interview for an unreasonable period of time.present (a) The Employee representative is limited to acting as an observer of the interview, except that where the interview focuses on, or leads to, evidence of potential criminal activity by the Employee. An Employee's representative may advise and confer with the Employee during the interview. Section 3. Interviews will be conducted by an officer employed by the City, of equal rank or above the Employee being interviewed, or by a member of the City Law Department. Section 4. Interviews will be conducted at a reasonable hour, preferably at a time that the Employee is on duty, and shall take place at the office of the investigator or another location of mutual convenience. Section 5. The Employee shall be informed of the name, rank, and command of the officer in charge of the investigation, who will conduct the interview, and all other persons present during the interview. There will be no more than two (2) persons conducting the interview and they will be responsible for all questions directed to the Employee. Section 6. The Employee under investigation will be given notice, in writing, of the nature of the complaint and the names of all known complainants and witnesses, and be allowed a minimum of four (4) calendar days from the receipt of the notice prior to any interview taking place, the day the notice is received being day one (1). The four (4) day period may be waived, in whole or in part, by the Employee. Section 7. Interview sessions shall be for reasonable periods and shall be timed to allow for such personal necessities and rest periods as are reasonably necessary. Section 8. Employees under investigation shall not be subject to offensive language, or nor threatened with transfer, dismissal, or disciplinary action during an interview. No promise or reward shall be made by an investigator as an inducement to answer any question. Section 9. A verbatim record, tape-recorded or transcribed by a court stenographer, shall be made of the complete interview and shall be made available to the Employee or his/her counsel upon request. Cost of transcription shall be borne by the party requesting same. (a) Interruptions will be noted and any relevant discussions transpiring during breaks will be summarized and verified for accuracy by the Employee. Section 10. Interviews will be limited in scope to activities, circumstances, events, conduct or acts which that pertain to the complaint made. If during the course of the interview evidence of criminal activity on the part of the Employee, or its likelihood, becomes known to the investigator, the Employee shall immediately be advised of his/her constitutional rightsrights (Miranda Warning) and given the opportunity to seek legal counsel. The interview will continue only with agreement of the Employee. Section 11. No public statement will be made prior to a final decision being rendered by the Chief of Police in any investigation and no public statement will be made if the Employee is innocent unless requested by the Employee. Section 12. No Employee shall be compelled to speak or testify before, or be questioned by, any non-governmental agency, or group not directly involved in the investigation. Section 13. No Employee shall be required or requested to disclose any item of his/her property, income, assets, source of income, debts, or personal or domestic expenditures, including those of any member of his/her family or household, unless such information is reasonably necessary in investigating a possible conflict of interest with respect to the performance of his/her official duties or unless such disclosure is required by law or reasonably related to the matter under investigation. Section 14. Prior to giving any statement about any use of force incident, employee(s) shall be given the opportunity to view any and all audio/video of the situation/incident/altercation that is controlled or recorded by equipment issued and operated by the employer.

RIGHTS OF EMPLOYEES. Section 1. Prior to an internal interview concerning allegations of violations of administrative matters relating to the official business A. If a member of the Sylvania Police DivisionDepartment is being investigated, the Employee member shall be advised in- formed of the nature of the investigation before any interrogation of that member commences. If it is known that the member of the Department is being interrogated as follows: (a) The Employee is required to answer all questions fully and truthfullya witness only, he should be so informed at the initial contact. (b) Refusal B. Employees shall not be compelled to comply with an order is a violation make any verbal or written statement with- out prior notification of department rules which will subject the Employee to any pending charges or disciplinary action. (c) Any required self-incriminating information disclosed will not be used against the Employee in subsequent criminal proceedings. (d) The form that is known as the "▇▇▇▇▇▇▇ and ▇▇▇▇▇ WARNING" will be used for this purpose. Section 2. An Employee Employees shall have the right to be represented, at his/her expense, by consult an attorney, union representative attorney and/or the Association before given any verbal or supervisor who may, at the request of the Employee, be present at all times during the interview, provided such representation does not result in suspension written statement concerning any pending investigation or delay of the interview for an unreasonable period of timecharges involving said employee. (a) C. The Employee representative is limited to acting as an observer interrogation of the interview, except that where the interview focuses on, or leads to, evidence of potential criminal activity by the Employee. An Employee's representative may advise and confer with the Employee during the interview. Section 3. Interviews will be conducted by an officer employed by the City, of equal rank or above the Employee being interviewed, or by a member of the City Law Department. Section 4. Interviews will Department shall be conducted at a reasonable hourhours, preferably at a time that when the Employee member of the Department is on duty, and unless the exigencies of the investiga- tion dictate otherwise. D. The interrogations shall take place at a location designated by the office Chief of the investigator or another location of mutual conveniencePolice. Section 5. E. The Employee questioning shall be informed of the namereasonable in length. Time shall also be provided for personal necessities, rankmeals, and command of the officer in charge of the investigation, who will conduct the interview, and all other persons present during the interview. There will be no more than two (2) persons conducting the interview and they will be responsible for all questions directed to the Employee. Section 6. The Employee under investigation will be given notice, in writing, of the nature of the complaint and the names of all known complainants and witnesses, and be allowed a minimum of four (4) calendar days from the receipt of the notice prior to any interview taking place, the day the notice is received being day one (1). The four (4) day period may be waived, in whole or in part, by the Employee. Section 7. Interview sessions shall be for reasonable periods and shall be timed to allow for such personal necessities telephone calls and rest periods periods, as are reasonably necessary. Section 8. Employees under investigation F. The member of the Department shall not be subject to any offensive language, or nor shall he be threatened with transfer, dismissal, dismissal or other disciplinary action during an interviewpunishment. No promise or reward shall be made by an investigator as an inducement to answer any questionquestions. Section 9. A verbatim recordG. The complete interrogation of the member of the Department may, tape-upon request of either party and at the expense of the requesting party, be recorded mechanically or transcribed by a court de- partment stenographer. In such cases, shall there will be made no "off-the-record" questions. ▇. If a member of the complete interview and shall be made available Department is under arrest or is likely to be, that is, if he is a suspect or the Employee or his/her counsel upon request. Cost target of transcription shall be borne by the party requesting same. (a) Interruptions will be noted and any relevant discussions transpiring during breaks will be summarized and verified for accuracy by the Employee. Section 10. Interviews will be limited in scope to activitiesa criminal investigation, circumstances, events, conduct or acts which pertain to the complaint made. If during the course of the interview evidence of criminal activity on the part of the Employee, or its likelihood, becomes known to the investigator, the Employee shall immediately be advised of his/her constitutional rights Section 11. No public statement will be made prior to a final decision being rendered by the Chief of Police in any investigation and no public statement will be made if the Employee is innocent unless requested by the Employee. Section 12. No Employee shall be compelled to speak or testify before, or be questioned by, any non-governmental agency, or group not directly involved in the investigation. Section 13. No Employee shall be required or requested to disclose any item of his/her property, income, assets, source of income, debts, or personal or domestic expenditures, including those of any member of his/her family or household, unless such information is reasonably necessary in investigating a possible conflict of interest with respect to the performance of his/her official duties or unless such disclosure is required by law or reasonably related to the matter under investigation. Section 14. Prior to giving any statement about any use of force incident, employee(s) he shall be given his rights pursuant to the opportunity to view any and all audio/video cur- rent decisions of the situation/incident/altercation that United States Supreme Court. I. The Department shall afford a reasonable opportunity for a member of the De- partment if he so requests, to consult with counsel and/or his Association representative before being questioned concerning a violation of departmental rules and regulations during the interro- gation, unless the member is controlled being interrogated as a witness only. J. Employees shall notmay be suspended without pay until after said employee has had a Department Hearing pursuant to title 40A of the New Jersey State Statutes and has been found guilty, unless, however, the superior officer in charge considers the suspension of the em- ployee an immediate necessity for the safety of the public or recorded by equipment issued the welfare of the Department in ing under title 40A or department rules and operated by regulations, or the employeremployee waives his right to said hearing, the City shall have the right to suspend the employee without pay. K. Should a violation occur which deems it necessary for a hearing to take place, the Hearing Officer shall render a written decision no later than 120 days after the final hearing day.

RIGHTS OF EMPLOYEES. Section 13.1. Prior It is agreed that the employees in the units defined herein shall have and shall be protected in the exercise of the right, freely and without fear of penalty or reprisal, to an internal interview concerning allegations join and assist the Association. The freedom of violations such employees to assist the Association shall be recognized as extending to participation in the management of administrative matters relating the Association, including presentation of the views of the Association to the official business board of directors of the Sylvania Police DivisionDistrict or any other governmental body, group or individual. The District shall take whatever action required or refrain from such action in order to assure employees that no interference, restraint, coercion, or discrimination is allowed within the Employee shall be advised as follows: (a) The Employee is required District to answer all questions fully and truthfully. (b) Refusal to comply with an order is a violation of department rules which will subject the Employee to disciplinary action. (c) Any required self-incriminating information disclosed will not be used against the Employee encourage or discourage member­ship in subsequent criminal proceedings. (d) The form that is known as the "▇▇▇▇▇▇▇ and ▇▇▇▇▇ WARNING" will be used for this purposeany employee organization. Section 23.2. An Employee Each employee shall have the right to be represented, at his/her expense, by an attorney, union representative or supervisor who may, at bring matters of personal concern to the request attention of appropriate Association representatives and/or appropriate officials of the Employee, be present at all times during the interview, provided such representation does not result in suspension or delay of the interview for an unreasonable period of time. (a) The Employee representative is limited to acting as an observer of the interview, except that where the interview focuses on, or leads to, evidence of potential criminal activity by the Employee. An Employee's representative may advise and confer with the Employee during the interviewDistrict. Section 3.3. Each employee shall be provided a copy of all material placed in his or her personnel file within five (5) days of its insertion and may review and copy the entire file upon request. All derogatory material contained in the file shall be removed at employee request and by mutual agreement no sooner than three (3) years after its placement in the file provided there is no further occurrence related to the original incident. Interviews will be conducted by an officer employed by the City, of equal rank or above the Employee being interviewed, or by An employee may attach comments to any material that is a member part of the City Law Departmentpersonnel file. At the District’s discretion, materials that pertain to “boundary violation issues” may be kept in the personnel file beyond the three (3) year time limit aforementioned. Employees may request and receive copies of personnel file materials at no cost to the employee. Section 43.4. Interviews will be conducted at a reasonable hourNeither the District, preferably at a time that nor the Employee is on dutyAssociation, and shall take place at the office of the investigator or another location of mutual convenience. Section 5. The Employee shall be informed of the name, rank, and command of the officer in charge of the investigation, who will conduct the interview, and all other persons present during the interview. There will be no more than two (2) persons conducting the interview and they will be responsible for all questions directed to the Employee. Section 6. The Employee under investigation will be given notice, in writing, of the nature of the complaint and the names of all known complainants and witnesses, and be allowed a minimum of four (4) calendar days from the receipt of the notice prior to discriminate against any interview taking place, the day the notice is received being day one (1). The four (4) day period may be waived, in whole or in part, by the Employee. Section 7. Interview sessions shall be for reasonable periods and shall be timed to allow for such personal necessities and rest periods as are reasonably necessary. Section 8. Employees under investigation shall not be employee subject to offensive language, or threatened with transfer, dismissal, or disciplinary action during an interview. No promise or reward shall be made by an investigator this Agreement who are members of a protected class as an inducement to answer any question. Section 9. A verbatim record, tape-recorded or transcribed by a court stenographer, shall be made of the complete interview defined under current Federal and shall be made available to the Employee or his/her counsel upon request. Cost of transcription shall be borne by the party requesting same. (a) Interruptions will be noted and any relevant discussions transpiring during breaks will be summarized and verified for accuracy by the Employee. Section 10. Interviews will be limited in scope to activities, circumstances, events, conduct or acts which pertain to the complaint made. If during the course of the interview evidence of criminal activity on the part of the Employee, or its likelihood, becomes known to the investigator, the Employee shall immediately be advised of his/her constitutional rights Section 11. No public statement will be made prior to a final decision being rendered by the Chief of Police in any investigation and no public statement will be made if the Employee is innocent unless requested by the Employee. Section 12. No Employee shall be compelled to speak or testify before, or be questioned by, any non-governmental agency, or group not directly involved in the investigation. Section 13. No Employee shall be required or requested to disclose any item of his/her property, income, assets, source of income, debts, or personal or domestic expenditures, including those of any member of his/her family or household, unless such information is reasonably necessary in investigating a possible conflict of interest State law with respect to a position, the performance duties of his/her official duties or unless such disclosure is required which may be performed efficiently by law or reasonably related an individual without danger to the matter under investigation. Section 14. Prior to giving any statement about any use of force incident, employee(s) shall be given the opportunity to view any and all audio/video health or safety of the situation/incident/altercation that is controlled physically handicapped person or recorded by equipment issued and operated by the employerothers.