Common use of Employee Interviews Clause in Contracts

Employee Interviews. A. If a sworn written affidavit is required by an Agency representative, employees are allowed to review their answers and to make any changes they deem are required at the completion of a sworn affidavit at the conclusion of an investigative interview. If a recording is made of the interview, the opportunity to review includes the ability to listen to a portion of or the entire recording to verify answers before executing the affidavit. A clean version of the affidavit will be provided after the employee reviews and before the employee being interviewed signs the affidavit. A signed copy of affidavits will be provided to the employee except in the following circumstances: (1) Ongoing criminal investigations; or (2) When multiple employees are being interviewed regarding the same investigation. In such circumstances, and upon request by the employee, all employees will be provided a copy of his/her affidavit within fourteen (14) days of the last employee interview. If any employee is re-interviewed a copy of their prior affidavit will be made available upon request before they are re-interviewed. B. CBP has determined that audio and/or video recordings will only be used during investigative interviews conducted by OPR with the exception of Fact Finders. The following procedures will apply to recorded interviews conducted by OPR: (1) At the completion of an investigatory interview, the investigator or agent will offer the subject/witness and union representative, if involved, the opportunity to review the audio and/or video recording of the interview, in whole or in part, to ensure that the investigatory interview was properly recorded. (2) At the conclusion of the review, the subject/witness will attest that the recording is an exact and true copy of the previously reviewed recording in a supplemental recorded statement. In the event the interview was not properly recorded, the investigator or Agent will conduct a subsequent interview. Such subsequent interviews may be conducted on the same day when the prior not properly recorded interview lasted less than three hours. If the prior not properly recorded interview lasted more than three hours the subsequent interview may be scheduled on the same day, at the employee’s option. (3) A subject or witness has the right to waive the review process. (4) The recording will capture the employee’s acknowledgement to review or decline of reviewing of the recorded interview. (5) A subject or witness may provide a written statement to the Agent or investigator at any phase of the investigation. Alternatively, the employee may request a supplemental investigatory interview subject to the provisions of this Article. (6) At the completion of the investigatory interview, employees are allowed to review their answers and to make any changes or clarifying statements they deem are required. This opportunity to review includes the ability to listen to a portion of or the entire audio and/or video recording to verify answers and to make additional statements on the audio and/or video recording before the interview concludes. (7) Audio recordings will capture all sounds of those present for the investigatory interview, as practicable. Video recordings will view all