Common use of Internal Investigation Procedures Clause in Contracts

Internal Investigation Procedures. Section 1. The security of the City and its citizens depends upon the manner in which Memphis Police Services Division employees perform their duties. The performance of such duties involves those employees in all manner of contacts and relationships with the public, superior officers, and fellow employees. Management and the Association recognize and appreciate the obligation and responsibility of maintaining the public trust in the Police Services Division and its employees. Section 2. Out of such contacts and relationships situations may arise involving reports of alleged misconduct by said employees. Such situations may require prompt investigation by superior officers designated by the Director of Police Services, the Deputy Director of Operations, the Deputy Chiefs of Administration, Uniform Patrol, Investigative Services and Special Operations, the Precinct or Bureau Commanders, or other competent authority. Section 3. There will be two types of investigations covered by this article: (a) Investigations by the Department of allegations of a violation of the rules and regulations of the Department will be known as an Administrative Investigation. (b) Investigations by the Department and/or other law enforcement agencies of conduct, which constitutes a violation of City, County, State, or Federal criminal laws, will be known as a Criminal Investigation. A. Administrative Investigations by the Internal Affairs Bureau are to be conducted in a manner conducive to public confidence, good order and discipline, which observe and protect the individual rights of each employee of the Department. The following rules of procedure are hereby established: 1. The interviewing of any employee will be at a reasonable hour, preferably when the employee is on duty or during the daylight hours unless the exigencies of the investigation dictate otherwise as determined by the City. 2. The interview will take place at a location designated by the investigating officer, usually at a Police Services Division facility. Interviews will not be conducted at an employee's home unless the employee specifically requests that it be done. 3. The employee will be informed of the rank, name and command of the officer in charge of the investigation and the identity of all persons present during the interview. 4. The employee will be informed of the nature of the investigation before any interview commences. Sufficient information to reasonably apprise the employee of the allegations should be provided. If it is known that the employee is being interviewed as a witness only, he/she will be so informed. When the employee is being interviewed, he/she will be entitled to the presence of one other employee of his/her choice from the Memphis Police Services Division to serve in the capacity of an advisor. The employee may consult with his/her advisor during the course of the interview. Advisors will not release information to anyone concerning those matters under investigation during this or previous interviews. Employees serving as advisor will not be allowed to answer questions for the employee being interviewed, or actively seek to instruct the employee as to what answers to give to questions. If an employee requests the presence of an advisor, the employee will be given reasonable time to notify the advisor and await the arrival of the advisor prior to the commencement of the interview. No interview will begin until the advisor is present, or has been given a reasonable opportunity to arrive at such interview. No employee who is involved in the investigation as a principal or witness may be an advisor. 5. The interview will be completed as soon as possible. Reasonable time will be provided for personal necessities, meals, telephone calls and rest periods when the employee desires them. 6. The employee will not be subjected to any offensive language, coercion or promise of reward as an inducement to answer questions. 7. The complete interview of the employee will be recorded mechanically or by stenographer. There will be no "off-the-record" conversations except by mutual agreement. All recesses called during the interview will be noted in the record. 8. An employee will be given an exact copy of any written statement he may execute, or if the questioning is mechanically or stenographically recorded, the employee will be given a copy of such recording and/or transcript immediately upon request by him/her. If there is any discrepancy between the recorded and transcribed versions of the statement, then the employee shall be afforded the opportunity to listen to his/her recorded statement to correct transcription errors prior to signing. During the course of the investigation, the employee will not show his/her statement to any other employee. Copies of statements will not be used in any way to compromise the ongoing investigation. 9. The refusal by an employee to answer all pertinent questions that are narrowly and specifically relevant to the investigation, whether as a participant or as a witness, may result in disciplinary action. B. Criminal Investigation of an employee who is under arrest for, charged with, or being investigated for a criminal offense, will be afforded the same protection guaranteed by the constitution and laws of the United States, State of Tennessee, and City of Memphis as would any private citizen. For purposes of this article, an employee is considered to be the target of a criminal investigation when he/she has been advised of his/her right pursuant to the Miranda decision or applicable law. If an employee chooses to invoke his/her protection under the Miranda decision at that time, that employee will not be subject to charges of insubordination or failure to cooperate for that reason alone. Section 4. No employee will be ordered to submit to a polygraph (lie detector) test for any reason. Such test may be offered by the Police Administration or independently requested by the employee. The refusal of an employee to take a polygraph test will not be grounds for disciplinary action. Section 5. No employee will be ordered to submit to a blood test, a breathalyzer or any other test to determine the percentage of alcohol in the blood except as may be provided otherwise by specific statutory law. Such test may be offered by the Police Administration or requested by the employee.

Internal Investigation Procedures. Section 1. The security of the City and its citizens depends upon the manner in which Memphis Police Services Division employees perform their duties. The performance of such duties involves those employees in all manner of contacts and relationships with the public, superior officers, and fellow employees. Management and the Association Union recognize and appreciate the obligation and responsibility of maintaining the public trust in the Police Services Division and its employees. Section 2. Out of such contacts and relationships situations may arise involving reports of alleged misconduct by said employees. Such situations may require prompt investigation by superior officers designated by the Director of Police Services, the Deputy Director of Operations, the Deputy Chiefs of Administration, Uniform Patrol, Investigative Services and Special Operations, the Precinct or Bureau Commanders, or other competent authority., Section 3. There will be two types of investigations covered by this article: (a) 1. Investigations by the Department of allegations of a violation of the rules and regulations of the Department will be known as an Administrative Investigation. (b) 2. Investigations by the Department and/or other law enforcement agencies of conduct, which constitutes a violation of City, County, State, or Federal criminal laws, will be known as a Criminal Investigation. A. . Administrative Investigations by the Internal Affairs Bureau are to be conducted in a manner conducive to public confidence, good order and discipline, which that observe and protect the individual rights of each employee of the Department. The following rules of procedure are hereby established: 1. The interviewing of any employee will be at a reasonable hour, preferably when the employee is on duty or during the daylight hours unless the exigencies urgency of the investigation dictate dictates otherwise as determined by the City. 2. The interview will take place at a location designated by the investigating officer, usually at a Police Services Division facility. Interviews will not be conducted at an employee's home unless the employee specifically requests that it be done. 3. The employee will be informed of the rank, name and command of the officer in charge of the investigation and the identity of all persons present during the interview. 4. The employee will be informed of the nature of the investigation before any interview commences. Sufficient information to reasonably apprise the employee of the allegations should be provided. If it is known that the employee is being interviewed as a witness only, he/she he will be so informed. When the employee is being interviewed, he/she he will be entitled to the presence of one other employee of his/her his choice from the Memphis Police Services Division or the Union to serve in the capacity of an advisor. The employee may consult with his/her his advisor during the course of the interview. Advisors will not release information to anyone concerning those matters under investigation during this or previous interviews. Employees serving as advisor will not be allowed to answer questions for the employee being interviewed, or actively seek to instruct the employee as to what answers to give to questions. If an employee requests the presence of an advisor, the employee will be given reasonable time to notify the advisor and await the arrival of the advisor prior to the commencement of the interview. No interview will begin until the advisor is present, or has been given a reasonable opportunity to arrive at such interview. No employee who is involved in the investigation as a principal or witness may be an advisor. 5. The interview will be completed as soon as possible. Reasonable time will be provided for personal necessities, meals, telephone calls and rest periods when the employee desires them. 6. The employee will not be subjected to any offensive language, coercion or promise of reward as an inducement to answer questions. 7. The complete interview of the employee will be recorded mechanically or by stenographer. There will be no "off-the-record" conversations except by mutual agreement. All recesses called during the interview will be noted in the record. 8. An employee will be given an exact copy of any written statement he may execute, or if the questioning is mechanically or stenographically steno graphically recorded, the employee will be given a copy of such recording and/or transcript immediately upon request by him/her. If there is any discrepancy between the recorded and transcribed versions of the statement, then the employee shall be afforded the opportunity to listen to his/her his recorded statement to correct transcription errors prior to signing. During the course of the investigation, the employee will not show his/her his statement to any other employee. Copies of statements will not be used in any way to compromise the ongoing investigation. 9. The refusal by an employee to answer all pertinent questions that are narrowly and specifically relevant to the investigation, whether as a participant or as a witness, may result in disciplinary action. B. . Criminal Investigation of an employee who is under arrest for, charged with, or being investigated for a criminal offense, will be afforded the same protection guaranteed by the constitution and laws of the United States, State of Tennessee, and City of Memphis as would any private citizen. For purposes of this article, an employee is considered to be the target of a criminal investigation when he/she he has been advised of his/her his right pursuant to the Miranda decision or applicable law. If an employee chooses to invoke his/her his protection under the Miranda decision at that time, that employee will not be subject to charges of insubordination or failure to cooperate for that reason alone. Section 4. No employee will be ordered to submit to a polygraph (lie detector) test for any reason. Such test may be offered by the Police Administration or independently requested by the employee. The refusal of an employee to take a polygraph test will not be grounds for disciplinary action. Section 5. No employee will be ordered to submit to a blood test, a breathalyzer Breathalyzer or any other test to determine the percentage of alcohol in the blood except as may be provided otherwise by specific statutory law. Such test may be offered by the Police Administration or requested by the employee. Section 6. Before Internal Affairs interviews an employee as a direct result of a complaint by a citizen, whose identity is known, that citizen will be required to sign a sworn affidavit, clearly stating the allegation, and a copy will be provided to the employee at the time of the interview for the employee's review.

Internal Investigation Procedures. Section 1. The security of the City and its citizens depends upon the manner in which Memphis Police Services Division employees perform their duties. The performance of such duties involves those employees in all manner of contacts and relationships with the public, superior officers, and fellow employees. Management and the Association recognize and appreciate the obligation and responsibility of maintaining the public trust in the Police Services Division and its employees. Section 2. Out of such contacts and relationships situations may arise involving reports of alleged misconduct by said employees. Such situations may require prompt investigation by superior officers designated by the Director of Police Services, the Deputy Director of Operations, the Deputy Chiefs of Administration, Uniform Patrol, Investigative Services and Special Operations, the Precinct or Bureau Commanders, or other competent authority. Section 3. There will be two types of investigations covered by this article: (a) Investigations by the Department of allegations of a violation of the rules and regulations of the Department will be known as an Administrative Investigation. (b) Investigations by the Department and/or other law enforcement agencies of conduct, which constitutes a violation of City, County, State, or Federal criminal laws, will be known as a Criminal Investigation. A. Administrative Investigations by the Internal Affairs Bureau are to be conducted in a manner conducive to public confidence, good order and discipline, which observe and protect the individual rights of each employee of the Department. The following rules of procedure are hereby established: 1. The interviewing of any employee will be at a reasonable hour, preferably when the employee is on duty or during the daylight hours unless the exigencies of the investigation dictate otherwise as determined by the City. 2. The interview will take place at a location designated by the investigating officer, usually at a Police Services Division facility. Interviews will not be conducted at an employee's home unless the employee specifically requests that it be done. 3. The employee will be informed of the rank, name and command of the officer in charge of the investigation and the identity of all persons present during the interview. 4. The employee will be informed of the nature of the investigation before any interview commences. Sufficient information to reasonably apprise the employee of the allegations should be provided. If it is known that the employee is being interviewed as a witness only, he/she will be so informed. When the employee is being interviewed, he/she will be entitled to the presence of one other employee of his/her choice from the Memphis Police Services Division to serve in the capacity of an advisor. The employee may consult with his/her advisor during the course of the interview. Advisors will not release information to anyone concerning those matters under investigation during this or previous interviews. Employees serving as advisor will not be allowed to answer questions for the employee being interviewed, or actively seek to instruct the employee as to what answers to give to questions. If an employee requests the presence of an advisor, the employee will be given reasonable time to notify the advisor and await the arrival of the advisor prior to the commencement of the interview. No interview will begin until the advisor is present, or has been given a reasonable opportunity to arrive at such interview. No employee who is involved in the investigation as a principal or witness may be an advisor. 5. The interview will be completed as soon as possible. Reasonable time will be provided for personal necessities, meals, telephone calls and rest periods when the employee desires them. 6. The employee will not be subjected to any offensive language, coercion or promise of reward as an inducement to answer questions. 7. The complete interview of the employee will be recorded mechanically or by stenographer. There will be no "off-the-record" conversations except by mutual agreement. All recesses called during the interview will be noted in the record. 8. An employee will be given an exact copy of any written statement he may execute, or if the questioning is mechanically or stenographically recorded, the employee will be given a copy of such recording and/or transcript immediately upon request by him/her. If there is any discrepancy between the recorded and transcribed versions of the statement, then the employee shall be afforded the opportunity to listen to his/her recorded statement to correct transcription errors prior to signing. During the course of the investigation, the employee will not show his/her statement to any other employee. Copies of statements will not be used in any way to compromise the ongoing investigation. 9. The refusal by an employee to answer all pertinent questions that are narrowly and specifically relevant to the investigation, whether as a participant or as a witness, may result in disciplinary action. B. Criminal Investigation of an employee who is under arrest for, charged with, or being investigated for a criminal offense, will be afforded the same protection guaranteed by the constitution and laws of the United States, State of Tennessee, and City of Memphis as would any private citizen. For purposes of this article, an employee is considered to be the target of a criminal investigation when he/she has been advised of his/her right pursuant to the Miranda decision or applicable law. If an employee chooses to invoke his/her protection under the Miranda decision at that time, that employee will not be subject to charges of insubordination or failure to cooperate for that reason alone. Section 4. No employee will be ordered to submit to a polygraph (lie detector) test for any reason. Such test may be offered by the Police Administration or independently requested by the employee. The refusal of an employee to take a polygraph test will not be grounds for disciplinary action. Section 5. No employee will be ordered to submit to a blood test, a breathalyzer or any other test to determine the percentage of alcohol in the blood except as may be provided otherwise by specific statutory law. Such test may be offered by the Police Administration or requested by the employee. Section 6. Before Internal Affairs interviews an employee as a direct result of a complaint by a citizen, whose identity is known, that citizen will be required to sign a sworn affidavit, clearly stating the allegation and a copy will be provided to the employee at the time of the interview for the employee's review.

Internal Investigation Procedures. Section 1. The security of the City and its citizens depends upon the manner in which Memphis Police Services Division employees perform their duties. The performance of such duties involves those employees in all manner of contacts and relationships with the public, superior officers, and fellow employees. Management and the Association recognize and appreciate the obligation and responsibility of maintaining the public trust in the Police Services Division and its employees.such Section 2. Out of such contacts and relationships situations may arise involving reports of alleged misconduct by said employees. Such situations may require prompt investigation by superior officers designated by the Director of Police Services, the Deputy Director of Operations, the Deputy Chiefs of Administration, Uniform Patrol, Investigative Services and Special Operations, the Precinct or Bureau Commanders, or other competent authority. Section 3. There will be two types of investigations covered by this article: (a) Investigations by the Department of allegations of a violation of the rules and regulations of the Department will be known as an Administrative Investigation. (b) Investigations by the Department and/or other law enforcement agencies of conduct, which constitutes a violation of City, County, State, or Federal criminal laws, will be known as a Criminal Investigation. A. Administrative Investigations by the Internal Affairs Bureau are to be conducted in a manner conducive to public confidence, good order and discipline, which observe and protect the individual rights of each employee of the Department. The following rules of procedure are hereby established: 1. The interviewing of any employee will be at a reasonable hour, preferably when the employee is on duty or during the daylight hours unless the exigencies of the investigation dictate otherwise as determined by the City. 2. The interview will take place at a location designated by the investigating officer, usually at a Police Services Division facility. Interviews will not be conducted at an employee's home unless the employee specifically requests that it be done. 3. The employee will be informed of the rank, name and command of the officer in charge of the investigation and the identity of all persons present during the interview. 4. The employee will be informed of the nature of the investigation before any interview commences. Sufficient information to reasonably apprise the employee of the allegations should be provided. If it is known that the employee is being interviewed as a witness only, he/she will be so informed. When the employee is being interviewed, he/she will be entitled to the presence of one other employee of his/her choice from the Memphis Police Services Division to serve in the capacity of an advisor. The employee may consult with his/her advisor during the course of the interview. Advisors will not release information to anyone concerning those matters under investigation during this or previous interviews. Employees serving as advisor will not be allowed to answer questions for the employee being interviewed, or actively seek to instruct the employee as to what answers to give to questions. If an employee requests the presence of an advisor, the employee will be given reasonable time to notify the advisor and await the arrival of the advisor prior to the commencement of the interview. No interview will begin until the advisor is present, or has been given a reasonable opportunity to arrive at such interview. No employee who is involved in the investigation as a principal or witness may be an advisor. 5. The interview will be completed as soon as possible. Reasonable time will be provided for personal necessities, meals, telephone calls and rest periods when the employee desires them. 6. The employee will not be subjected to any offensive language, coercion or promise of reward as an inducement to answer questions. 7. The complete interview of the employee will be recorded mechanically or by stenographer. There will be no "off-the-record" conversations except by mutual agreement. All recesses called during the interview will be noted in the record. 8. An employee will be given an exact copy of any written statement he may execute, or if the questioning is mechanically or stenographically recorded, the employee will be given a copy of such recording and/or transcript immediately upon request by him/her. If there is any discrepancy between the recorded and transcribed versions of the statement, then the employee shall be afforded the opportunity to listen to his/her recorded statement to correct transcription errors prior to signing. During the course of the investigation, the employee will not show his/her statement to any other employee. Copies of statements will not be used in any way to compromise the ongoing investigation. 9. The refusal by an employee to answer all pertinent questions that are narrowly and specifically relevant to the investigation, whether as a participant or as a witness, may result in disciplinary action. B. Criminal Investigation of an employee who is under arrest for, charged with, or being investigated for a criminal offense, will be afforded the same protection guaranteed by the constitution and laws of the United States, State of Tennessee, and City of Memphis as would any private citizen. For purposes of this article, an employee is considered to be the target of a criminal investigation when he/she has been advised of his/her right pursuant to the Miranda decision or applicable law. If an employee chooses to invoke his/her protection under the Miranda decision at that time, that employee will not be subject to charges of insubordination or failure to cooperate for that reason alone. Section 4. No employee will be ordered to submit to a polygraph (lie detector) test for any reason. Such test may be offered by the Police Administration or independently requested by the employee. The refusal of an employee to take a polygraph test will not be grounds for disciplinary action. Section 5. No employee will be ordered to submit to a blood test, a breathalyzer or any other test to determine the percentage of alcohol in the blood except as may be provided otherwise by specific statutory law. Such test may be offered by the Police Administration or requested by the employee. Section 6. Before Internal Affairs interviews an employee as a direct result of a complaint by a citizen, whose identity is known, that citizen will be required to sign a sworn affidavit, clearly stating the allegation and a copy will be provided to the employee at the time of the interview for the employee's review.