Common use of Conduct of Disciplinary Investigation Clause in Contracts

Conduct of Disciplinary Investigation. All complaints against an officer covered by this Agreement shall be processed in accordance with the procedures set forth in Appendix L. Whenever an officer covered by this Agreement is the subject of a disciplinary investigation other than Summary Punishment, the interrogation will be conducted in the following manner: A. The interrogation of the officer, other than in the initial stage of the investigation, shall be scheduled at a reasonable time, preferably while the officer is on duty, or if feasible, during daylight hours. B. The interrogation, depending upon the allegation, will normally take place at the officer’s unit of assignment, the Independent Police Review Authority, the Internal Affairs Division or other appropriate location. C. Prior to an interrogation, the officer under investigation shall be informed of the identities of: the person in charge of the investigation, the interrogation officer and all persons present during the interrogation and shall be advised whether the interrogation will be audio recorded. When a formal statement is being taken, all questions directed to the officer under interrogation shall be asked by and through one interrogator. D. Unless the Superintendent of Police specifically authorizes in writing, no complaint or allegation of any misconduct concerning any incident or event which occurred five (5) years prior to the date the complaint or allegation became known to the Department shall be made the subject of a Complaint Register investigation or be re-opened or re-investigated after five (5) years from the date the Compliant Register number was issued. No anonymous complaint made against an officer shall be made the subject of a Complaint Register investigation unless the allegation is a violation of the Illinois Criminal Code, the criminal code of another state of the United States or a criminal violation of a federal statute. No anonymous complaint regarding residency or medical roll abuse shall be made the subject of a Complaint Register investigation until verified. No ramifications will result regarding issues other than residency or medical roll abuse from information discovered during an investigation of an anonymous complaint regarding residency or medical roll abuse, unless of a criminal nature as defined in the preceding paragraph. E. Immediately prior to the interrogation of an officer under investigation, he or she shall be informed in writing of the nature of the complaint and the names of all complainants. F. The length of interrogation sessions will be reasonable, with reasonable interruptions permitted for personal necessities, meals, telephone calls and rest. G. An officer under interrogation shall not be threatened with transfer, dismissal or disciplinary action or promised a reward as an inducement to provide information relating to the incident under investigation or for exercising any rights contained herein. The Department shall not retaliate in any manner against any officer covered by this Agreement who cooperates in a Department disciplinary investigation. H. An officer under investigation will be provided with a copy of any and all statements he or she has made that are audio recorded or in writing within seventy-two (72) hours of the time the statement was made. In the event a re-interrogation of the officer is required within the seventy- two- (72-) hour period following the initial interrogation, the officer will be provided with a copy of any prior statements before the subsequent interrogation. I. If the allegation under investigation indicates a recommendation for separation is probable against the officer, the officer will be given the statutory administrative proceedings rights, or if the allegation indicates criminal prosecution is probable against the officer, the officer will be given the constitutional rights concerning self-incrimination prior to the commencement of interrogation. J. An officer under interrogation shall have the right to be represented by counsel of his or her own choice and to have that counsel present at all times during the interrogation, and/or at the request of the officer under interrogation, he or she shall have the right to be represented by a representative of the Lodge, who shall be either a police officer on leave to work for the Lodge or a retired police officer working for the Lodge. The interrogation shall be suspended for a reasonable time until representation can be obtained. K. The provisions of this Agreement shall be deemed to authorize the Independent Police Review Authority and the Internal Affairs Division to require officers under interrogation to provide audio recorded statements, provided that the provisions in Section 6.1 are satisfied. L. If an officer provides a statement during the investigation conducted promptly following a shooting incident and then is later interrogated by the Independent Police Review Authority or the Internal Affairs Division as part of an investigation related to such incident, the officer shall be provide with a copy of the portion of any official report that purportedly summarizes his or her prior statement before the interrogation.

Conduct of Disciplinary Investigation. All complaints against an officer covered by this Agreement shall be processed in accordance with the procedures set forth in Appendix L. Whenever an officer a Lieutenant covered by this Agreement is the subject of a disciplinary investigation other than Summary Punishmentsummary punishment, the interrogation will be conducted in the following manner: A. The interrogation of the officerLieutenant, other than in the initial stage of the investigation, shall be scheduled at a reasonable time, preferably while the officer Lieutenant is on duty, or or, if feasible, during daylight hours. B. The interrogation, depending upon the allegation, will normally take place at the officer’s unit Lieutenant's Unit of assignment, the Independent Police Review Authority, the Internal Affairs Division or other appropriate location. C. Prior to an interrogation, the officer Lieutenant under investigation shall be informed of the identities of: of the person in charge of the investigation, the interrogation officer officer(s) and all persons present during the interrogation and shall be advised whether the interrogation will be audio recordedinterrogation. When a formal statement is being taken, all questions directed to the officer Lieutenant under interrogation shall be asked by and through one interrogatorinterrogator at a time, provided that if a second interrogator participates in the interrogation, he or she shall be present for the entire interrogation. D. Unless the Superintendent of Police specifically authorizes in writing, no complaint or allegation of any misconduct concerning any incident or event which occurred five (5) years prior to the date the complaint or allegation became known to the Department shall be he made the subject of a Complaint Register investigation or be re-opened or re-investigated after five (5) years from the date the Compliant Complaint Register number was issued. . E. No anonymous complaint made against an officer a Lieutenant shall be made the subject of a Complaint Register investigation investigation, unless the allegation is a violation of the Illinois Criminal Code, the criminal code of another state of the United States or a criminal violation of a federal statute. . F. No anonymous complaint regarding residency or medical roll abuse shall be made the subject of a Complaint Register investigation until verified. No ramifications will result regarding issues other than residency or medical roll abuse from information discovered during an investigation of an anonymous complaint regarding residency or medical roll abuse, unless of a criminal nature as defined in the preceding paragraph. E. G. Immediately prior to the interrogation of an officer a Lieutenant under investigation, he or she the Lieutenant shall be informed informed, in writing writing, of the nature of the complaint and complaint, the names of all complainantscomplainants and the specific date, time and, if relevant, location of the incident. F. H. The length of interrogation sessions will be reasonable, reasonable with reasonable interruptions permitted for personal necessities, meals, telephone calls and rest. G. An officer 1. A Lieutenant under interrogation shall not be threatened with transfer, dismissal or disciplinary action or promised a reward as an inducement to provide information relating to the incident under investigation or for exercising any rights contained herein. The Department shall not retaliate in any manner against any officer covered by this Agreement who cooperates in a Department disciplinary investigation. H. An officer under investigation will be provided with a copy of any and all statements he or she has made that are audio recorded or in writing within seventy-two (72) hours of the time the statement was made. In the event a re-interrogation of the officer is required within the seventy- two- (72-) hour period following the initial interrogation, the officer will be provided with a copy of any prior statements before the subsequent interrogation. I. If the allegation under investigation indicates a recommendation for separation is probable against the officer, the officer will be given the statutory administrative proceedings rights, or if the allegation indicates criminal prosecution is probable against the officer, the officer will be given the constitutional rights concerning self-incrimination prior to the commencement of interrogation. J. An officer under interrogation shall have the right to be represented by counsel of his or her own choice and to have that counsel present at all times during the interrogation, and/or at the request of the officer under interrogation, he or she shall have the right to be represented by a representative of the Lodge, who shall be either a police officer on leave to work for the Lodge or a retired police officer working for the Lodge. The interrogation shall be suspended for a reasonable time until representation can be obtained. K. The provisions of this Agreement shall be deemed to authorize the Independent Police Review Authority and the Internal Affairs Division to require officers under interrogation to provide audio recorded statements, provided that the provisions in Section 6.1 are satisfied. L. If an officer provides a statement during the investigation conducted promptly following a shooting incident and then is later interrogated by the Independent Police Review Authority or the Internal Affairs Division as part of an investigation related to such incident, the officer shall be provide with a copy of the portion of any official report that purportedly summarizes his or her prior statement before the interrogation.

Conduct of Disciplinary Investigation. All complaints against an officer covered by this Agreement shall be processed in accordance with the procedures set forth in Appendix L. Whenever an officer a Lieutenant covered by this Agreement is the subject of a disciplinary investigation other than Summary Punishmentsummary punishment, the interrogation will be conducted in the following manner: A. The interrogation of the officerLieutenant, other than in the initial stage of the investigation, shall be scheduled at a reasonable time, preferably while the officer Lieutenant is on duty, or or, if feasible, during daylight hours. B. The interrogation, depending upon the allegation, will normally take place at the officerLieutenant’s unit Unit of assignment, the Independent Police Review Authority, the Internal Affairs Division or other appropriate location. C. Prior to an interrogation, the officer Lieutenant under investigation shall be informed of the identities of: of the person in charge of the investigation, the interrogation officer and all persons present during the interrogation and shall be advised whether the interrogation will be audio recordedinterrogation. When a formal statement is being taken, all questions directed to the officer Lieutenant under interrogation shall be asked by and through one interrogator. D. Unless the Superintendent of Police specifically authorizes in writing, no complaint or allegation of any misconduct concerning any incident or event which occurred five (5) years prior to the date the complaint or allegation became known to the Department shall be made the subject of a Complaint Register investigation or be re-opened or re-investigated after five (5) years from the date the Compliant Complaint Register number was issued. . E. No anonymous complaint made against an officer a Lieutenant shall be made the subject of a Complaint Register investigation investigation, unless the allegation is a violation of the Illinois Criminal Code, the criminal code of another state of the United States or a criminal violation of a federal statute. . F. No anonymous complaint regarding residency or medical roll abuse shall be made the subject of a Complaint Register investigation until verified. No ramifications will result regarding issues other than residency or medical roll abuse from information discovered during an investigation of an anonymous complaint regarding residency or medical roll abuse, unless of a criminal nature as defined in the preceding paragraph.paragraph.‌ E. G. Immediately prior to the interrogation of an officer a Lieutenant under investigation, he or she the Lieutenant shall be informed informed, in writing writing, of the nature of the complaint and complaint, the names of all complainantscomplainants and the specific date, time and, if relevant, location of the incident. F. H. The length of interrogation sessions will be reasonable, reasonable with reasonable interruptions permitted for personal necessities, meals, telephone calls and rest. G. An officer I. A Lieutenant under interrogation shall not be threatened with transfer, dismissal or disciplinary action or promised a reward as an inducement to provide information relating to the incident under investigation or for exercising any rights contained herein. The Department shall not retaliate in any manner against any officer covered by this Agreement who cooperates in a Department disciplinary investigation. H. An officer J. A Lieutenant under investigation will be provided with a copy of any and all statements he or she the Lieutenant has made that are recorded either audio recorded electronically or in writing within seventy-two (72) hours of the time the statement was made. In the event a re-interrogation of the officer is required within the seventy- two- (72-) hour period following the initial interrogation, the officer will be provided with a copy of any prior statements before the subsequent interrogation. I. K. If the allegation under investigation indicates a recommendation for separation is probable against the officerLieutenant, the officer Lieutenant will be given the statutory administrative proceedings rights, or or, if the allegation indicates criminal prosecution is probable against the officerLieutenant, the officer Lieutenant will be given the constitutional rights concerning self-incrimination prior to the commencement of the interrogation. J. An officer L. A Lieutenant under interrogation shall have the right to be represented by counsel of his or his/her own choice and to have that counsel present at all times during the interrogation, and/or and/or, at the request of the officer Lieutenant under interrogation, he or she the Lieutenant shall have the right to be represented by a representative of Unit 156-Lieutenants and to have that representative present at all times during the Lodge, who interrogation. The Unit 156-Lieutenants representative shall be either a police officer on leave to work for the Lodge Lieutenant covered by Article 17 or a retired police officer working for the Lodgean off-duty Lieutenant designated by Unit 156-Lieutenants. The interrogation shall be suspended for a reasonable time until representation can be obtained. K. M. Prior to the imposition of discipline, the Lieutenant will be informed of the rule violated and the corresponding specifications of misconduct, including the date, time, location and manner in which the rule was violated. N. The provisions of this Agreement shall be deemed to authorize the Independent Police Review Authority and the Internal Affairs Division to require officers Lieutenants under interrogation to provide audio audio-recorded statements, provided that the provisions in Section 6.1 are satisfied. L. If an officer provides a statement during the investigation conducted promptly following a shooting incident and then is later interrogated by the Independent Police Review Authority or the Internal Affairs Division as part of an investigation related to such incident, the officer shall be provide with a copy of the portion of any official report that purportedly summarizes his or her prior statement before the interrogation.