Investigation of Misconduct Sample Clauses

Investigation of Misconduct. The City may conduct investigations of alleged misconduct by an employee and may require a member of the bargaining unit to submit written reports, either by general or specific order. A member of the bargaining unit must, upon direction of the Chief of Police or his designated representative, respond completely and truthfully to all questions asked of him which relate to the alleged misconduct. A member shall be entitled to a bargaining unit representative at this inquisitory stage. The responses by the employee, either written or oral, shall be subject to the following: A. Reports or responses to questions may be used only in the application of administrative justice and may not be used at any stage at any criminal proceedings against the employee. B. The reports and responses may be used by the City in taking appropriate actions and in defending such actions with respect to discipline or discharge of the employee. C. Failure by an employee to complete the report or to respond to a relevant question may be deemed refusal and may result in disciplinary action.
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Investigation of Misconduct. A. An Employee may be initially questioned by a supervisor or management during or practically contemporaneous to an event in question without prior notice or representation when the purpose of such questioning is to review circumstances to determine if an investigation should be undertaken. B. An Employee who is alleged to have committed a minor violation relating to his/her performance may be questioned by their supervisor or management without prior notice or representation prior to oral counseling. Such counseling will not be an official reprimand of record. C. Management may conduct investigations of alleged misconduct by an Employee and require an Employee to submit written reports relative to investigation. 1. The report may be used by Management in taking action and in defending such action with respect to discharge or discipline of the Employee. 2. Failure by an Employee to complete the report may result in disciplinary action. 3. If any report shows or tends to show that the Employee submitting the report has committed a crime, the report may not be voluntarily made available by Management for use at any stage (grand jury or trial) in any criminal proceeding against the Employee. 4. An Employee who is under criminal investigation shall be informed that the investigation is criminal in nature, as opposed to administrative, and afforded the applicable Constitutional considerations guaranteed by law. D. In matters of discipline involving policy violations or infractions that would potentially result in discipline up to and including a written reprimand, all as determined by the Chief of Police, the Chief, prior to referring any preliminary report findings for a formal Internal Affairs investigation and with notice to the Lodge President or designee, may afford the Employee the opportunity to waive any formal investigation, fourteen (14) day notice of investigation status, pre-disciplinary hearing notice of formal charges, and a pre-disciplinary hearing. Should the Employee choose to exercise the waiver option, discipline as determined by the Chief will be administered as soon as practical. The Employee’s exercising of the waiver will constitute a final resolution of the matter, and the discipline administered (which may be no greater than a written reprimand) can be used for purposes of progressive discipline as outlined in this Agreement.
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Investigation of Misconduct. The City may conduct investigations of alleged misconduct by an employee and may require a member of the bargaining unit to submit written reports, either by general or specific order. A member of the bargaining unit must, upon direction of the Fire Chief or his designated representative, respond completely and truthfully to all questions asked of him which relate to the alleged misconduct. A member shall be entitled to a bargaining unit representative at this stage. The responses by the employee, either written or oral, shall be subject to the following:
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Investigation of Misconduct. NOTE: Where an allegation of serious misconduct is made against an employee, the Employer may assign the employee to home with pay pending an investigation.
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Investigation of Misconduct. The City may conduct investigations of alleged misconduct by an Employee and may require a member of the bargaining unit to submit written reports, either by general or specific order. A member of the bargaining unit must, upon direction of the Chief of Police or his designated representative, respond completely and truthfully to all questions asked of him which relate to the alleged misconduct. The responses by the Employee, either written or oral, shall be subject to the following: a) Reports or responses to questions may be used only in the application of administrative justice and may not be used at any stage of any criminal proceeding against the Employee. b) The reports and responses may be used by the City in taking appropriate actions and in defending such actions with respect to discipline or discharge of the Employee. c) Failure by an Employee to complete the report or to respond to a relevant question may be deemed refusal and may result in disciplinary action. d) An Employee has the right to an F.O.P. representative, upon request, in any disciplinary investigation other than an on-the-spot interview.
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Investigation of Misconduct. The City may conduct investigations of alleged misconduct by an employee and may require a member of the bargaining unit to submit written reports, either by general or specific order. A member of the bargaining unit must, upon direction of the Chief of Police or his designated representative, respond completely and truthfully to all questions asked of him which relate to the alleged misconduct. The response by the employee, either written or oral, shall be subject to the following: A. Reports or responses to questions may be used only in the application of administrative justice and may not be used at any stage at any criminal proceedings against the employee. B. The reports and responses may be used by the City in taking appropriate actions and in defending such actions with respect to discipline or discharge of the employee. C. Failure by an employee to complete the report or to respond to a relevant question may be deemed refusal and may result in disciplinary action. ▇. ▇▇ on-the spot interview during, immediately afterwards, or at the first convenient time in relationship to the circumstances and the event in question, does not require the presence of an employee representative but an employee may have one if available. This initial interview will be to gain knowledge as to the facts of the event and will be conducted as soon as practicable.
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Investigation of Misconduct i. SCPD policy will ensure that all allegations of officer misconduct relating to discriminatory policing, regardless of the manner in which reported, will be forwarded to IAB no later than 48 hours from receipt. ii. Within 180 days of the Effective Date, SCPD will review the staffing of IAB and ensure that individuals currently serving as or who are selected for IAB possess excellent investigative skills, a reputation for integrity, the ability to write clear reports, and the ability to be fair and objective. Supervisors with a sustained complaint of, or who have been disciplined for, excessive use of force, sexual harassment, discrimination, or dishonesty will be presumptively ineligible from assignment to IAB. iii. SCPD policy will require that each IAB investigation of officer misconduct relating to discriminatory policing be reviewed by the Police Commissioner or his designee. iv. Per SCPD policy, the Department will maintain a tracking system for all misconduct allegations relating to discriminatory policing that does not rely on personal identifiers. Upon receipt of such an allegation, SCPD will assign a unique numerical identifier to the complaint, which will be provided to the complainant at the time the allegation is made. SCPD will use the centralized numbering and tracking system to track data regarding the number, nature, and status of such misconduct allegations, from initial intake to final disposition, including investigation timeliness and the complainant’s notification of the interim status and final disposition of the investigation. v. SCPD will maintain protocols to analyze and address trends in complaints relating to discriminatory policing, including demographic data, lodged against SCPD officers. vi. Six months after the Effective Date, and every six months thereafter during the pendency of this Agreement, and thereafter every yearSCPD will conduct reviews of randomly-chosen, completed misconduct investigations relating to discriminatory policing. SCPD must review at least 20 percent of all completed misconduct investigations since the last review. The reviews will be conducted by the Police Commissioner or his/her designee, but not an involved individual, and will require contacting the complainant to ensure the investigation was handled in a professional and thorough manner. Dissatisfaction with the results of the investigation will be documented and the case may be reopened if the complainant discloses credible new facts which wou...
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Related to Investigation of Misconduct

  • Misconduct During employment with the Cardinal Group and with respect to clauses (A), (D), (E), (F) and (G), for three years after the Termination of Employment for any reason, Awardee agrees not to engage in Misconduct. If Awardee engages in Misconduct during employment or within three years after the Termination of Employment for any reason, then (i) Awardee immediately forfeits the Performance Share Units that have not yet vested or that vested at any time within three years prior to the date the Misconduct first occurred and have not yet been paid pursuant to Paragraph 6, and those forfeited Performance Share Units automatically terminate, and (ii) Awardee shall, within 30 days following written notice from the Company, pay to the Company in cash an amount equal to: (A) the gross gain to Awardee resulting from the payment of the Performance Share Units pursuant to Paragraph 6 that had vested at any time within three years prior to the date the Misconduct first occurred less (B) $1.00. The gross gain is the Fair Market Value of the Shares represented by the Performance Share Units on the [Payment Date]1 / [applicable payment date]2. As used in this Agreement, “Misconduct” means (A) disclosing or using any of the Cardinal Group’s confidential information (as defined by the applicable Cardinal Group policies and agreements) without proper authorization from the Cardinal Group or in any capacity other than as necessary for the performance of Awardee’s assigned duties for the Cardinal Group; (B) violation of the Standards of Business Conduct or any successor code of conduct or other applicable Cardinal Group policies, including but not limited to conduct which would constitute a breach of any representation or certificate of compliance signed by Awardee; (C) fraud, gross negligence or willful misconduct by Awardee, including but not limited to fraud, gross negligence or willful misconduct causing or contributing to a material error resulting in a restatement of the financial statements of any member of the Cardinal Group; (D) directly or indirectly soliciting or recruiting for employment or contract work on behalf of a person or entity other than a member of the Cardinal Group, any person who is an employee, representative, officer or director in the Cardinal Group or who held one or more of those positions at any time within the 12 months prior to Awardee’s Termination of Employment; (E) directly or indirectly inducing, encouraging or causing an employee of the Cardinal Group to terminate his/her employment or a contract worker to terminate his/her contract with a member of the Cardinal Group; (F) any action by Awardee and/or his or her representatives that either does or could reasonably be expected to undermine, diminish or otherwise damage the relationship between the Cardinal Group and any of its customers, prospective customers, vendors, suppliers or employees known to Awardee; or (G) breaching any provision of any employment or severance agreement with a member of the Cardinal Group. Nothing in this Agreement will prevent Awardee from testifying truthfully as required by law, prohibit or prevent Awardee from filing a charge with or participating, testifying or assisting in any investigation, hearing, whistleblower proceeding or other proceeding before any federal, state or local government agency (e.g., Equal Employment Opportunity Commission, National Labor Relations Board, Securities and Exchange Commission, etc.), or prevent Awardee from disclosing Cardinal Group’s confidential information in confidence to a federal, state or local government official for the purpose of reporting or investigating a suspected violation of law.